820432_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

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�EN L—Fi t�
W A�9� =' Michael F. Easley
�O Cl ;Governor
William G. Ross Jr., Secretary
pepartmerrt of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
}Division of Water Quality
May 28, 2002
MEMORANDUM
TO: Kathy Cooper. vlc� � I t .
Special Deputy Attorney General I
FROM: Gregory J. Thorpe, Ph.
SUBJECT: Request for Collection of It' s
Please initiate collection proceedings for the case listed below. The violator was assessed a penalty
in January 2000 and was denied remission by the Director of the Division of Water Quality in April 2000
and by the Environmental Management Commission in June 2000. The Sampson Co. Sheriff served a
Request for Payment in September 2001 _ To date, payment has not been received for the violation.
Copies of the relevant documents for the case are attached.
Violator
Donald Register
Case Number
Date Assessed
January 11, 2000
Thank you for your assistance in this matter. If you have any questions, please call Steve Lewis at
733-5083, ext. 539,
ATTACHMENTS
cc: Fayetteville Regional Office w/ attachments
File # DD 99-006 w/o attachments
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NCDEtia
Customer Service
[phone]
1 800 623-7748
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Division of water Quality 1617 Mail Service Center Raleigh, NC 27699-1617

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RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the -i ` _ day of 2001
and together with the document(s) was served as follows:
Date Served:
Designated Recipient: D DONALD REGISTER
Place of Service:
(fill in address) 1 I / 7 W : i ' �" s - 12 e�" r .
By: f C-- -- RECEIVED
(Serving Officer)
Check one of the following: WAT— QUAj-i T Y SEC j ! -4-1
N;,nW0ischarge CcmgliGr're En*-
✓` By personally delivering copies to the named individual
By leaving copies of the Notice of Service and original letter at the named
individual's dwelling, house or place of business with a person of suitable age
and discretion then residing therein- Name the person with whom the copies'
were left:
If not served on the named individual, state reason:
, Sampson County Sheriff
(Sheriff Signature)
Service Fee Paid Waived (State agency) Paid By N/A
Please return this form to:
Steve Lewis
Div. of Water Quality
16I7 Mail Service Center
Raleibh. NC 27699-1617
(Date)

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
September 17, 2001
Sheriff O. L. McCullen
Sampson Co. Sheriffs Office
Post Office Box 109
Clinton, NC 28329
SUBJECT: NOTICE OF SERVICE
Donald Register
Dear Sheriff McCullen,
NCDENR
NORTH CARouNA DEPARTMENT OF
E MRONMEWT AND NAruR^L REsouRcEs
Please serve the attached Request for Payment letter as follows:
Mr. Donald Register
1117 Williams Lake Road
Roseboro, NC 28382
It is our understandinu that because we are a State agency, no fee is required for this service.
We would apf)TE iate your returning the completed Return of Service form in the return
envelope.
The Division of Water Quality appreciates this assistance from your department- If you have
any questions or need additional information, please contact Steve Lewis at [phone],
extension 539_
Sincerely,
Jeffrey Poupart
cc: Paul Rawls, Fayetteville Regional Office
File Ir DD 99-006
_Hailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh. North Carolina27699-1617 State Courier #52-01 -01 Raleigh. NC 27699-1617
An Equal Opporrunin- /Afrmative Action Employer
50%. renrled / 10% post -consumer paper
hrrp_//h2o. enr. stare.nc. us

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
July 31, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Donald Register
1 I 17 Williams Lake -Road
Roseboro, NC 28382
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NCDENR
DEaAi;r�EN r
E~topsmew AND N/QURAL. FtE_-xKMcvrS
RE: Final Notice - Request for Payment of Civil Penalty
Donald Register Farm #82-432
Sampson County
File No. DD 99-006
Dear Mr. Reeister:
Your immediate attention to this matter is required. On May 11, 2000, the Environmental
'%vlanagement Commission upheld the civil penalty of S4,797.13 that was assessed against you in
April 2000. You were notified by letter dated June 6, 2000 that payment was required within 30
days.
According to our records, we have not received payment. If our records are incorrect, please
contact Steve Lewis at [phone] ext. 539 or Jeff Poupart at [phone] ext. 527
immediately. If you have not made payment, please send a check pavable to NCDEti'R to:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleiah, North Carolina 27699-1617
Mailing Address: Telephone [phone] Location.
1617 \fail Service Center Fax [phone] N. Salisbury SL
Raleigh. North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-I617
An Equal Opportunity/Affirmative Acrion Employer
50% recycled / 10% posr-consumer paper
hrrp://h2o. enr.srare.nc. us

If you want to arrange a yaMent schedule for the penal , please contact Steve Lewis at (919)
733-5083 ext. 539 or Jeff Poupart at [phone] ext. 527. If you do not contact us or send
payment within 10 days of your receipt of this notice, your case will be referred to the North Carolina
Attorney General's Office. If necessary, the Attorney General's Office will file a case against you
in Superior Court to collect the penalty_
Sincerely,
Dennis R Ramsey, P.E., Assistant Chief
Non -Discharge Branch
cc: Paul Rawls, FRO Regional Supervisor
Bob Heath, FRO
ff REM-_-(ft -
Central Files

North Carolina Department of
Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center ,�
Raleigh, North Carolina 27699-1617
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Mr. Donald Re ster
1117 Williams I_ Fpc"EIVED NA
Roseboro, NC ROUAUTYSECTION Ist Notici
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State of North Carolina RFpLYTO: Francis W.Crawley
MICHAEL F. EASLEY Department of Justice Envinntrnental Division
ATTOR.NEr GENE L-L P. O. SOX 629 (919)716.66M
RALEIGH [phone]
27602-0629
June 6, 2000
Mr. Donald S. Register CERTIFIED MAIL j, -I
Donald -Register Farm RETURN RECEIPT REQUESTED
1117 Williams Lake Road, '/'Z'N d
Roseboro, NC 29382 Nc ���c-R 20ad
� schaQUA(ITy
RE. Assessmen99-006t of Civil Penalties Against Donald Register Farm, 9e C007 a C7j 0
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Dear Mr. Register:
You will find enclosed the Final Agency Decision of the Environmental Management
Comn-Lission assessing civil penalties and investigative costs. as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 3 0 days of
receipt of this fuW agency decision by mailing a bank or certified check. The check should be
made payable to the Department of Environment and Natural Resources and the availing envelope
addressed as follows:
Mr. Steve Lewis
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision
document the Department will seek to collect the amount due through a civil action commenced
in Superior Court.
Very truly yours,
11--3�" C;— L4..?. cll'—�
Francis W. Crawley
Special Deputy Attorney General
FWC�b
Enclosure
cc_ Swve t4wis
Jennie Odme
Paul Rawls
EP.-tass7

of
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DD 99-006
IN THE MATTER OF: ) R E C E I V E D
)
Assessment of Civil Penalties ) FINAL DECISION JUN 6 2000
Against ) EWROwENTAL
Donald S. Register ) ��
d/b/a Donald Register Farm )
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and
§ I43B-282.1, on May 11, 2000, upon recommendation of the Director of the Division of Water
Quality for entry of a final decision on the assessment of civil penalties and investigation costs
against Donald S. Register in the amount of$4,797.13 ($4,000.00 plus $797.13 investigative
costs). Donald S. Register's request for remission Was presented to the Committee on Civil
Penalty Remissions for consideration. The Division of Water Quality was represented by Mr.
Paul Rawls, Regional Supervisor in the Fayetteville Regional Office, and Donald S. Register
appeared in person.
Having considered the record, arguments of the parties, and the factors set forth in
N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by Donald S. Register, that the Findings of Fact support the Conclusions of Law and that the
Director properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the
amount of the civil penalties. The Committee further finds that there are no grounds for remission
or reduction of the penalties assessed by the Director for violation of G.S § 143-215.1 by

of
discharging wastewater without a permit on February 22, 1999 to an unnamed tributary to big
Swamp, which are Class C Swamp waters of the State within the Cape Fear River Basin. Upon
duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in
the amount of $4,797.13 (civil penalty $4,000.00 plus $797.13 investigation costs) should be
upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $4,797.13 against
Donald S. Register is AFFIRMED.
2. That this Final Decision and Order be served upon Donald S. Register and upon
receipt hereof, the amount of $4,797.13 be paid to the Department of Environment and Natural
Resources within thirty days.
This the ��day of �:;
DarGid R. Moreau, Chairman
Environmental Management Commission

f
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
ep/40589
Mr. Donald S. Register
Donald Register Farm
1117 Williams Lake Road
Roseboro, North Carolina 28382
Mr. Paul Rawls
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
This the � day of 2000.
U.S. MAIL
NIICHAEL F. EASLEY
Attorney General
(,-,
L,-., aj)��
rrancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

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1. Article Addressed to:
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DONaLb Z+CCGV&TGk FPP-►'-
ROsF th>~o, Nc 22392
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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. DONALD REGISTER
1117 WILLLkMS LAKE ROAD
ROSEBORO, NC 28382
Dear Mr. Register:
NCDENR
NoR7 GROUwA DEPARTmemT OF
ENmRONMEKT AHD NATURAL REsouRces
April 19, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request. for Remission of Civil Penalty
Donald Register Farm
Farm # 82-432 _
Sampson County
File # DD 99-006
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 S4,797.13.
?here 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
t?avable to the Detaartment of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this Ietter to the attention of:
jMr. Steve Lewis
NCDENR
DWQ _
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Alailing Address: Telephone [phone]
I617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Acrion Employer
50% recycled / 10% post -consumer paper
hrtp. //h2o. enr.sta re. nc. us
Location:
512 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 like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on May 11, 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 Steve
Lewis at [phone], extension 539, if you have any questions.
Sincerely,
Kerr T. Stevens =
cc: Paul Rawls, FRO Regional Supervisor
Bob Heath, FRO
File # DD 99-006
Central Files
Nailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-I617 State Courier #52-01-01
An Equal Opportunity /Afftrmarive Action Employer
50% recycled / 10% post -consumer paper
http://h2o. ennstate_ n c. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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P5 Form 3800. April 1995
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P8 Form 3811, 1uty 1999 Damesllc Aetum Placelpf io25os•9a M t�ao

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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. DONALD REGISTER
1117 WILLiAMS LAKE ROAD
ROSEBORO, NC 28382
Dear Mr. Register:
740.AWA
NCDENR
NoF" CAAoum^ Down -mew of
E+wiRommew A►+o NRrutuL RESOURCES
March 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Remission Request
Donald Register Farm
Farm # 82-432
Sampson County
File # DD 99-006
This letter is to acknowledge your request for remission of the civil penalty levied against
your farm. This request will be reviewed at the next scheduled conference on April 5, 2000, and
you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 539_
Sincerely,
, e- � ��- - e... �
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, FRO Regional Supervisor w/attachment
1.7
Bob Heath, FRO w/attachment
Central Files w/attachment
File # DD 99-006 w/attachment
Afailing Address: Telephone [phone]
1617 blail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Afftrmarive Action Employer
50% recycled / 10% post -consumer paper
h1tp://h2o. enn state. nc. its
Location:
512 N. Salisbury St_
Raleigh, NC 27699-1617

STATE OF NORTH C_4ROLNA
COUINT'Y OF SA MPSOU
ENVIRON—NIEENTAL MANAGEML E1\4T
CO2AMISSION
1N THE MATTER OF ASSESSMENT ) WArVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST' ) ADi'vIINISTRATIVE HEAR�'G AYD
PER V1IT NO. 82 - 43 2 ) STIPULATION OF FACTS
FILE NO- 0 D — 99 -006
' Havin? beeifassessesl civil penalties totaling. .-. - . 0 4-7 9.7- i-3. —for
€or -
violation(s) as set forth in the assessment document of the Director of the Division `of Water Quality
dated, 2% 13�20 , 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 stiuulate that the facts are as aLeged in the assessment. dodutnem.
This the Z 3 day of FgaeUai2Y , �_.
SIGNATURE
ADDRESS
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Ross--0 t'l G as 382
BEGETVIEHE1
FEB 29211U _ -
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February 24, 2000
Mr. Tommy Stevens
NCDENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
Dear Mr. Stevens,
I would like to recount the events that led up to the discharge of wastewater from my
hog farm. In the afternoon of Saturday February 20`s 1999,1 found that the discharge pipe
from one of my buildings was stopped up. The flush tanks had caused the pits to fill and
overflowed from my building. I immediately shut the recycle pump off. I had a backhoe
to come and dam up a place were wastewater was entering the ditch. I also dammed up a
place between my buildings to trap the wastewater_ My service from Prestage Farms,_.
called Randy Barefoot also with Prestage and he came out to the farm on Sunday
February 20`s, 1999. He told me to pump from the ditch to the spray field as much as I
could. I pumped with two 5-hp pumps on Sunday. I also unstopped the discharge pipe to
the lagoon, and the recycle pump was still shut off.
On February, 22'd 1999 my son Lynn Register called DWQ in Fayetteville and
reported the spill. The inspectors came that morning to investigate. Thev recommended
that I pump from the ditch to the spray field. and I did. The following Sunday February
28`h, 1999 we had about 1.5 inches of rain. This rainfall filled the ditches with water. On
Monday March 1 ', 1999, 1 needed to turn the ponded water from between buildings
because I was selling hogs the following week and w-as afraid that the trucks would get
stuck This water ran where it was stopped by the berm that was built by the first spill.
On Tuesday March 2IId, 1999 I was contacted by Bob Heath from DWQ Fayetteville
office that I had another spill at my farm. He also called Glenn Clifton with Prestage
Farms and he came to see about the problem. When Glenn arrived he said that we needed
to pump the trapped water from behind the dams and try to pump wastewater from the
ditch. Prestage Farms had a honeywaaon to come in and pump approximately 4000
eallons of wastewater from places that had trapped xvater on my spray field.
The spill was an accident due to equipment failure and I thought that I had the outlet
pipe from the building unclogQed but it stopped up again causing the second spill. The
run off occurred during the night and I was unaware of the spill until the following
afternoon. After it was found I took immediate action_ I cut the flush tanks off, dammed
up the ditches and pumped from the ditches to my spray field. The second discharge
Prestage Farms came out and cleaned up as much of the wastewater as possible.

11
I feel like there was little impact to the environment and there was no report of
impacts downstream from where the discharge occurred.
I think that the penalty is excessive due to the fact that I could not help what happen
during the night, and, I responded immediately to correct the problem, and there was little
to no impact to the environment.
Please review the comments I have made and consider reducing the penalty.
Sincerely, -�
Donald Register

■ iomPlete items 1, 2. and 3. Also complete
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■ Attach this card to the back of the mailpiece,
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PS Form 3811, .July t 999 Domestic Return Receipt
PS Form 3800, April 1995
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State of North Carolina
Department of Environment
- and Natural Resources ?KOK
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH C^Rouw+ DEpAITrMENr of
Kerr T. Stevens, Director ENVIRONMENT AND N,nuRnL REsouRCeS
January 13, 2000
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Mr. Donald S. Register
Donald Register Farm
1117 Williams Lake Road
Roseboro, NC '28382
SUBJECT: Assessment of Civil Penalties
for Discharging Waste to the
Waters of the State
Farm # 82-432
Sampson County
File No_ DD 99-006
Dear Mr. Resister:
This letter transmits notice of a civil penalty assessed against the Donald Register Farm in
the amount of S4,797.13 including $797.13 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] Location:
1617 Mail Service Center Fax [phone] N_ Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier n52-01-01 Raleiszh, NC 27699-1617
An Equal Opportunity /Af}irmative Action Employer
50% recycled / 10% post -consumer paper
hnp: //h20. en r. state. nc_ us

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
16I7 Mail Service Center
Raleigh, North Carolina 27699-16I7
• •
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. 1 (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. Steve Lewis
NCDENR
DWQ
I617 Mail Service Center
Raleigh, North Carolina 27699-1671
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
1-0B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
— Raleigh, North-Earolina. 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. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACI-LMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLLYA EvVIRONil viENTAL MAGEIMENT
C014YLMISSION1
COUNTY OF -
LY THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AMIL ISTRATIYE HEAR1NG AND
PERIAIT 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
penalties, does hereby waive the right to an administrative hearing in the above -stated maser and
does stipulate that the facts are as alleged in the assessment dodument.
This the day of , l9
SIGNATURE
ADDRESS

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON -
IN THE MATTER OF
DONALD S_ REGISTER
FOR VIOLATION OF
15A NCAC 2H _0217 AND
N.C.G.S 143-215.1
P
NORTH CAROLINA
DEPARTN1E1vT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD 99-006
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:
L FINDINGS OF FACT:
A. Donald S. Register owns the Donald Register Farm, a swine operation along State
Secondary Road 1002 (Dunn Road) in Sampson County.
B. The Donald Register Farm was deemed permitted as a nondischarge facility on
October 8, 1993 in accordance with 15A NCAC 2H .0217.
C. On February 22, 1999, DWQ staff observed a discharge of wastewater at the
Donald Register Farm to an unnamed tributary to Big Swamp, which are Class C
Swamp waters of the State within the Cape Fear River Basin.
D. The Donald Register Farm had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $797.13.
Based upon the above Findings of Fact, I make the following:
II: CONCLUSIONS OF LAW:
A. Donald S. Register is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S_ 143-212(4).

B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Big -Swamp constitutes waters of the State.wkhin the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. Donald S. Register 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 than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S_ 143-215,1.
F. The State's enforcement costs in this matter may be assessed against Donald S.
Register pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(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:
Accordingly, Donald S. Register is hereby assessed a civil penalty of:
4000 for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217 and G.S. 143-215.1.
$ 000 TOTAL CIVIL PENALTY, which is 1" percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 797.13 Enforcement costs
$_tTOTAL AMOUNT DUE
As required by G.S_ 143-2I5.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;

(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money sa-wed 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;
(8) The cost to the State of the enforcement procedures.
1—"— A000
(Date) Kerr T. Stevens, Director
Division of Water Quality

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
September 17, 2001
Sheriff O. L. McCullen
Sampson Co. Sheriff's Office
Post Office Box 109
Clinton. NC 28329
SUBJECT: NOTICE OF SERVICE
Donald Register
Dear Sheriff McCullen, -
1 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Please serve the attached Request for Payment letter as follows:
Mr. Donald Register
1117 Williams Lake Road
Roseboro. NC 28382
❑ENP"k-
E
40242001
A.
,. DWQ
It is our understanding that because we are a State agency, no fee is required for this service.
We would appreciate your returning the completed Return of Service form in the return
envelope.
The Division of Water Quality appreciates this assistance from your department. If you have
any questions or need additional information, please contact Steve Lewis at [phone],
extension 539.
Sincerely,
Jeffrey Poupart
cc: Paul Rawls, Fayetteville Regional Office
File # DD 99-006
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Ralei=h, North Carolina 27699-16I7 State Courier #52-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o_ enr. state_ nc. us

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr- Donald Register
1117 Williams Lake Road
Roseboro, NC 28382
01'r
NCDENR
NORTH CAROUNA DEPARTMENT of
ENVIRONMENT AND NAnJRAL RESOURCES
July 31, 2001FAUG
20(
2001
RE: Final Notice - Request for Payment of Civil Penalty
Donald Register Farm #82-432
Sampson County
File No. DD 99-006
Dear Mr. Register:
Your immediate attention to this matter is required. On May 11, 2000, the Environmental
Management Commission upheld the civil penalty of $4,797.13 that was assessed against you in
April 2000. You were notified by letter dated June 6, 2000 that payment was required within 30
days.
According to our records, we have not received payment. If our records are incorrect, please
contact Steve Lewis at [phone] ext. 539 or Jeff Poupart at [phone] ext- 527
immediately. If you have not made payment, please send a check Payable to NCDENR to:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 flail Service Center Fax [phone]
Raleiah, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% renrled / 10% post -consumer paper
hnp://h2o. enr. state, nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

If you want to arrange a payment schedule for the penalty, please contact Steve Lewis at (919)
733-5083 ext. 539 or Jeff Poupart at [phone] ext. 527. If you do not contact us or send
payment within 10 days of your receipt of this notice, your case will be referred to the North Carolina
Attorney General's Office. If necessary, the Attorney General's Office will file a case against you
in Superior Court to collect the penalty.
Sincerely,
Dennis R. Ramsey, P.E., Assistant Chief
Non -Discharge Branch
cc: Paul Rawls, FRO Regional Supervisor
Bob{_Heath,-ERO
File DD 00-006
Central Files

CAFE
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
July 31, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Donald Register
1117 Williams Lake "Road
Roseboro, NC 28382
NCDENR
NoRrri CARouNA DEFwwrmENr OF -
ENVIRONMENT AND NATURAL RESOl1RGEs
RE: Final Notice - Request for Payment of Civil Penalty
Donald Register Farm #82-432
Sampson County
File No. DD 99-006
Dear Mr. Register:
DENR-FRO
ALG 2 2001
DWQ
Your immediate attention to this matter is required. On May 11, 2000, the Environmental
Management Commission upheld the civil penalty of S4,797.13 that was assessed against you in
April 2000. You were notified by letter dated June 6, 2000 that payment was required within 30
days.
According to our records, we have not received payment. If our records are incorrect, please
contact Steve Lewis at [phone] ext. 539 or Jeff Poupart at [phone] ext. 527
immediately. If you have not made payment, please send a check Payable to NCDENR to:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleiah, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity lAffirmatire Action Employer
50% recvcled / 10% post -consumer paper
hrrp:11h2o. enr.srate.nc. us
Location_
512 N. Salisbury St.
Raleigh, NC 27699-1617

If you want to arrange a payment schedule for the penalty, please contact Steve Lewis at (919)
733-5083 ext. 539 or Jeff Poupart at [phone] ext. 527. If you do not contact us or send
payment within 10 days of your receipt of this notice, your case will be referred to the North Carolina
Attorney General's Office. If necessary, the Attorney General's Office will file a case against you
in Superior Court to collect the penalty.
Sincerely,
� �/_/ . - z � ��
Dennis R. Ramsey, P.E., Assistant Chief
Non -Discharge Branch
cc: t auI Rawls,JIERO Regional Supervisor
Bob Heath, FRO
File DD 00-006
Central Files

RECEIVED
MICHAEL F. F-ASLEY
ATTORNEY GENERAL
Mr. Donald S. Register
Donald Register Farm
1117 Williams Lake Road
Roseboro, NC 28382
n
r �
State of North Carolina
Department of Justice
P. O- BOX 629
RALEIGH
2 7602-0629
June 6, 2000
7 2000
FAY§i EVlLLE
EEG. OFF fC�
REPLY TO: Erancle�- C.,%icy
Environmental Division
[phone]
[phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Assessment of Civil Penalties Against Donald Register Farm,
DD 99-006
Dear Mr. Register:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 30 days of
receipt of this final agency decision by mailing a bank or certified check. The check should be
made payable to the Department of Environment and Natural Resources and the mailing envelope
addressed as follows:
Mr. Steve Lewis
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision
document, the Department will seek to collect the amount due through a civil action commenced
in Superior Court.
Very truly yours,
Francis W. Crawley
Special Deputy Attorney General
Fu'C/ib
Enclosure
cc_ Stcve Lewis
Lennie Odette
£P/40587
4

STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF SAMPSON ENVIRONMENTAL MANAGEMENT
COMMISSION
DD 99-006 R E C E V E D
IN THE MATTER OF: ) J JN 6 2000
1
Assessment of Civil Penalties } FINAL DECISION EWRONMENTAL W MGEWUr
Against ) CO�A.P1Sfi{^
Donald S. Register )
d/b/a Donald Register Farm )
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and
§ 14311-282.1, on May 11, 2000, upon recommendation of the Director of the Division of Water
Quality for entry of a final decision on the assessment of civil penalties and investigation costs
against Donald S. Register in the amount of $4,797.13 ($4,000.00 plus $797.13 investigative
costs). Donald S. Register's request for remission was presented to the Committee on Civil
Penalty Remissions for consideration. The Division of Water Quality was represented by Mr.
Paul Rawls, Regional Supervisor in the Fayetteville Regional Office, and Donald S. Register
appeared in person.
Having considered the record, arguments of the parties, and the factors set forth in
N.C.G.S. § 143B-282.I (b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by Donald S. Register, that the Findings of Fact support the Conclusions of Law and that the
Director properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the
amount of the civil penalties. The Committee further finds that there are no grounds for remission
or reduction of the penalties assessed by the Director for violation of G.S § 143-215.1 by

discharging wastewater without a permit on February 22, 1999 to an unnamed tributary to big
Swamp, which are Class C Swamp waters of the State within the Cape Fear River Basin. Upon
duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in
the amount of $4,797.13 (civil penalty $4,000.00 plus $797.13 investigation costs) should be
upheld.
THEREFORE, IT IS ORDERED:
1. - That the assessment of civil penalties and costs in the amount of $4,797.13 against
Donald S. Register is AFFIRMED.
2. That this Final Decision and Order be served upon Donald S. Register and upon
receipt hereof, the amount of $4,797.13 be paid to the Department of Environment and Natural
Resources within thirty days.
This the ��day of �s,.--. 000.
/ n
"DaVid fl. Moreau, Chairman
Environmental Management Commission

CERTIFICATE QF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Donald S. Register
Donald Register Farm
1117 Williams Lake Road
Roseboro, North Carolina 28382
Mr. Paul Rawls
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
This the (o day of , 2000.
ep/40589
CERTIFIED MAIL
REIURN RECE T
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
rrancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

State of North Carolina
Department of Environment
and Natural Resources RECEVED
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR. DONALD REGISTER
1117 WILLIAMS LAKE ROAD
ROSEBORO, NC 28382
Dear Mr. Register:
APR 2 4 2000
FAYETTEVILLE
REG. OFFICE
A k7W'A
AAN 1 • •
:ft�
NCDENR
Noon i CARouNA DEFARTmENT of
ENVIRONMENT Amo NxrURAL RESOURCES
April 19, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
Donald Register Farm
Farm # 82-432
Sampson County
File # DD 99-006
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 $4,797.13.
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. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h 2o. enr_state. nc. us
,Location:
512 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 143B -2 82. 1 (c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on May 11, 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 Steve
Lewis at [phone], extension 539, if you have any questions.
Sincerely,
Kerr T. Stevens
cc: Paul -Rawls; FRO.Regional-.Super`visor
Bob Heath, FRO
File # DD 99-006
Central Files
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://`h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

U
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality RECE1Vr--:_)
James B. Hunt, Jr., Governor
Bill Holman, Secretary AN Z 4 2000
Kerr T. Stevens, Director
REG. OFFiC�.:
MR, DONALD REGISTER
1117 WILLIAMS LAKE ROAD
ROSEBORO, NC 28382
Dear Mr. Register:
1 � �
mom 'mm
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 19, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
Donald Register Farm
Farm # 82-432
Sampson County
File # DD 99-006
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 $4,797.13.
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
navable 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. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50%n recycled 110% post -consumer paper
http:lW o. en r. state. nc. us
,Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

You also have the option of presenting your request to the Conunittee 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 143B-282.1(c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on May 11, 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 Steve
Lewis at [phone], extension 539, if you have any questions.
Sincerely,
Kerr T. Stevens
cc: Paul Rawls, FRO Regional Supervisor
BobHeath;-FRO-'
File # DD 99-006
Central Files
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://`h2o.enr.state.nc.us
Location:
512 N_ SaIisbury St.
Raleigh, NC 27699-1617

N.,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCEs
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Donald Register
1117 Williams Lake Road
Roseboro, NC 28382
March 17, 2000
SUBJECT: NOTICE OF DEFICIENCY
Donald Register Farm
Facility No. 82 - 432
Permit No. AWS820432
Sampson County
Dear Mr. Register.
On February 1, 2000, you or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard
level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 17 inches. General Permit condition V.3 states that "The maximum
waste level in lagoons/storage ponds shall not exceed that specified in the 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 as additional 1 foot_ of structural
freeboard.".
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also close this event out within your file. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone],
Sincerely,
/ryB
Jefferown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS.
Glenn Clifton - Prestage Farms
225 GREEN STREET, SUITE 714 / SYSTEL HLO. FAYETTEVILLE, NORTH CAROL[NA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0110% POST -CONSUMER PAPER

NMENR
JAMES 8. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
KERR T. STgYMHSw
DIRECTOR
L,
k,:<
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVIsION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Donald Register
1117 Williams Lake Road
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
Donald Register Farm
Facility No. 82 - 432
Permit No. AWS820432
Sampson County
Dear Mr. Register.
On February 1, 2000, you or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard
" level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 17 inches. General Permit condition V.3 states that "The maximum
` . waste level in lagoons/storage ponds shall not exceed that specified in the 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 as additional 1 foot of structural
freeboard.
L
k}.
f
ref
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level, This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. ft will also close this event out within your file. If you have any questions
concerning this matter, please do not hesitate to contact rnyEelf at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. MRCS.
Glenn Clifton - Prestage Farms
z I,t,�NLc1L*-.
2 Q I U
225 GREEN STREET, SLIT[ 714 / SYSTEL RLo. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PONE 910-485-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFF[RMATfVE ACTION EMPLOYER - 50% RECYCLiU/1O% POST -CONSUMER PAPER

2

XDA Agronom
:vision 4300 Reedy Creek Road Raleigh, NC 27607-6465 {919, 3-2655
Report No: W 37 W
Grower: Register, Donald
Copies To: County Extension Director
1117 Williams Luke. Ruud
Roseboro, NC 28382
USDA-MCS-Sampson
-��.,,,��,.`4Wiste
naysis ehort
Farm:
2/11/00
Sampson County
ample info.
Laboratory Results arts per million unless otherwise noted
'ample ID:
N
P K Ca Mg S
Fe Mn bt
Cu
B Mo Cl L'
Total 470 Af
17.1 539 168 65.9 18.9 2.33 0.59 0.87
0.74
1.23
001
IN -N
L ,Vf H H M
M ju M
M
Il
Vaste Code,
-NH4
Na Ni Cd Pb Al
Se Li H
SS
C:J-V AV % CC % ALE(K al)
LS
-X03
)escrlptton:
OR-N
161
7.74
wine LWon Li .
urea
M
recommendations:
Nutrients Available for First Crop
lbS/I000 gallons
Other Elements lbs1I000 gallons
application Metbod
N P205 K20 Ca ' Mg S Fe Mn Zn Cu
B Iwo Cl
Na
Ni Cd Pb Al Se Li
Irrigation
2.0 0.23 4.3 0.98 0.38 0.11 0.01 T 0.01 T
0.01
1.4

FORM IRR-?-
!..I! Traci N
die Size (acres) = (A)
Farm Owner
i
Owner's Address
Owner's Phone p
Lagoon Irrigation f . _,d ecord
One Form for Each Field per Crop Cycle
Field q
r r S'tt�
L V Z
S
Facility Number = I -
Irrigation Operator .`�
Irrigation 01 ratol' Address f o/ 4
Z
Operator's Phone S S"
From Waste Utilization Plan
Crap Type Recommended PAN Loading
[. (VIK cl r- (tblsae} - (B)
t -
rot i ee. a% rrci IAh rrr 10% rot tins jilt
D�te
mmldd! .
"gation
'
Wasie Analysis gall
(Ip11006 gal)
PAN Applied
(Iblacrel
1161 000 l
Nitrogen BaaWiCe
(Vaere)
(8} - (to)
Start Time
End Time
Tear
Minutes
131 • (x)
A or 5prinkler5
Operating
Flow Rare
(gallmin)
Total Volume
(gallon
(6) ■ {S1 K (4)
Voturrie Acre
per Acre
M
A
91
-2Z
a
Crop Cycle Totals
ner's Signature Operator's Signature
Cerlifieq operator (Print) Operators Certification No.
NC©A Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633.
Enter the 1,,e received by subtracting column (10) from (B). Continue subtracting column (10) frorn column (1 t) following each irrigation event

FORM IRRTL
'lt
Traci #
Fees Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone A
Lagoon Irrigation F . i ecord
One Form for Each Field per Crop Cycle
Field p
c{
f e,Ve r
FacTity Numt?er F -
Irrigation Operator A , � �� , t l
Irrigation Operator's C a. I r o >> s o r< T ct
Address v: f r A L
Operator's Phone p ')
From Waste Utilization Plan
GpG� C'
T �1 r Recommended
ecomended PAN Uwdiis 5
(Wave) - Igl
r» u5 151 ( rTl 1171 [91 r1 01
Didd
mm�dd!',
•
lrnQBtiOA +
Waste Analysis PAN'
,1 OOD at
� gal)
PAN Applied
(IC/acre)
{Bl . f'9t
1006
Nitrorn Balance'
{tDlacra)
Start Time
End Time
Total
Minutes
1 0l Sprinklers
Operating
FWw Rate
(gat min)
Total volume
tgallons)
Volume
� Acre
(gataere)
JAI
n
Crop Cycle Totals
Dv nets Signature
Operator (Print)
Operator's Signature
Operator's Cerlificaiion No.
I NCDA Waste Anaylysi5 of Equivalent or NRCS Estimate, Technical Guide Section 633.
t Enter the I,e received ley subtracting column (10) born(B) Continue subtracting column (10) from column (11) following each irtigation event

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary R EC E I�y
t9 E
Kerr T. Stevens, Director ] (�
H �R - 2000
MR. DONALD REGISTER
1117 WILLIAMS LAKE ROAD
ROSEBORO, NC 28382
Dear Mr. Register:
FAYETTEVILLE
REG. OFFICE
In
ANY J. W, aA
NCDENR
NORTH CARouNA DEPARTMENT OF
ENVIRONMENT AND NAcrURAL RESOURCES
March 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Remission Request
Donald Register Farm
Farm # 82-432
Sampson County
File # DD 99-006
This letter is to acknowledge your request for remission of the civil penalty levied against
your farm- This request will be reviewed at the next scheduled conference on April 5, 2000, and
you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
CC' Paul"Rawls,.FRO Regionaf upervisor w/attachment
Bob Heath, FRO w/attachment
Central Files w/attachment
File # DD 99-006 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. en r.state. nc. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH C AROLINA
COUNTY OF SAMPS04
ENVIROLNtifENTAL MAIIIAGEMENr
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AMI NISTRATIVE HEAR�c tG AND
PERNUT NO. Sz -` 11-- ) STIPULATION OF FACTS
FILE NO. ©D — 99 -006
Having been assessed civil penalties totaling 4-79.7• i-3 -for.
violation(s) as set forth in the assessment document of the Director of the Division -of Water Qiiality
dated, Z��3 2a oo _ , 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 Z 3
day of=ER�ARY
SIGNATU
RECEIVE
f(B Z 9 2UW
k;!ATER QUALITY SECT,'C�)
- Irge Compliance Enf.
ADDRESS
TELEPHONE

February 24, 2000
Mr. Tommy Stevens
NCDENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
Dear Mr. Stevens,
I would like to recount the events that led up to the discharge of wastewater from my
hog farm. In the afternoon of Saturday February 20`s 1999, I found that the discharge pipe
from one of my buildings was stopped up. The Bush tanks had caused the pits to fill and
overflowed from my building. I immediately shut the recycle pump off. I had a backhoe
to come and dam up a place were wastewater was entering the ditch. I also dammed up a
place between my buildings to trap the wastewater. My service from Prestage Farms,
called Randy Barefoot also with Prestage and he came out to the farm on Sunday
February 20`b, 1999_ He told me to pump from the ditch to the spray field as much as I
could. I pumped with two 5-hp pumps on Sunday. I also unstopped the discharge pipe to
the lagoon, and the recycle pump was still shut off.
On February, 22nd 1999 my son Lynn Register called DWQ in Fayetteville and
reported the spill. The inspectors came that morning to investigate. They recommended
that I pump from the ditch to the spray field, and I did. The following Sunday February
28`h, 1999 we had about 1.5 inches of rain. This rainfall filled the ditches with water. On
Monday March 1"31 1999,1 needed to turn the ponded water from between buildings
because I was selling hogs the following week and was afraid that the trucks would get
stuck. This water ran where it was stopped by the berm that was built by the first spill.
On Tuesday March 2°d, 1999 I was contacted by Bob Heath from DWQ Fayetteville
office that I had another spill at my farm. He also called Glenn Clifton with Prestage
Farms and he came to see about the problem. When Glenn arrived he said that we needed
to pump the trapped water from behind the dams and try to pump wastewater from the
ditch. Prestage Farms had a honeywagon to come in and pump approximately 4000
gallons of wastewater from places that had trapped water on my spray field.
The spill was an accident due to equipment failure and I thought that I had the outlet
pipe from the building unclogged but it stopped up again causing the second spill. The
run off occurred during the night and I was unaware of the spill until the following
afternoon. After it was found I took immediate action_ I cut the flush tanks off, dammed
up the ditches and pumped from the ditches to my spray field. The second discharge
Prestage Farms came out and cleaned up as much of the wastewater as possible.

I feel like there was little impact to the environment and there was no report of
impacts downstream from where the discharge occurred.
I think that the penalty is excessive due to the fact that I could not help what happen
during the night and, I responded immediately to correct the problem, and there was little
to no impact to the environment.
Please review the comments I have made and consider reducing the penalty.
Sincerely, � � -�
P-r�r. ae -{ X --
Donald Register

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
January 13, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Donald S. Register
Donald Register Farm
1117 Williams Lake Road
Roseboro, NC 28382
SUBJECT
Dear Mr. Register:
i••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
REE U
i 2000
FAr f 1t E-VI LLE
PE"al. OF !CE
Assessment of Civil Penalties
for Discharging Waste to the
Waters o " ate
arm # 82-432
amp my
File No. DD 99-006
This letter transmits notice of a civil penalty assessed against the Donald Register Farm in
the amount of $4,797.13 including $797.13 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:
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] Sit N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #32-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://`h20.enr.state.nc.us

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
0'
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. 14313-282.1(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 summit this information to the attention of -
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
no
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-(Farolina 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. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: kgignal.Supervisor-w/=attachrnents
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF .NORTH CAROLINA
COUNTY OF
EVVIROivtiIENTAL IMAM AGEMENIT
C01MMISSION
f
IN THE MATTER OF ASSESSMENT ) WAiVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMI1NISTRATI-VE BEARING AND
PERENUT NO. ) STIPULATION OF FACTS
FILE INTO.
Having been assessed civil penalties totaiin2 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 , 19
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
- - COUNTY OF SAMPSON -
IN THE MATTER OF
DONALD S. REGISTER
FOR VIOLATION OF
15A NCAC 2H .0217 AND
N.C.G.S 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
0lazromb3c �' 10 01
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. Donald S. Register owns the Donald Register Farm, a swine operation along State
Secondary Road 1002 (Dunn Road) in Sampson County.
B. The Donald Register Farm was deemed permitted as a nondischarge facility on
October 8, 1993 in accordance with 15A NCAC 2H .0217.
C. On February 22, 1999, DWQ staff observed a discharge of wastewater at the
Donald Register Farm to an unnamed tributary to Big Swamp, which are Class C
Swamp waters of the State within the Cape Fear River Basin.
D. The Donald Register Farm had no valid permit for the above -described activity-
E. The cost to the State of the enforcement procedures in this matter totaled $797.13.
Based upon the above Findings of Fact, I make the following.
H. CONCLUSIONS OF LAW:
A. Donald S. Register is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).

B_ A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary.te Big -Swamp constitutes waters of the State.wi{hin the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. Donald S. Register 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 than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Donald S.
Register pursuant to G.S_ 143-2153(a)(9) and G.S. 143B-282.I(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:
Accordingly, Donald S. Register is hereby assessed a civil penalty of:
$ oo for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217 and G.S. 143-215.1.
$ 4,000 TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 797.13 Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. 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 gt.iantity or quality or on air quality;
(4) The cost of rectifying the damage;
(S) 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;
(S) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
1 � r
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director IAdA NORTH CAROLINA DEPARTMENT OF
`�� 1bm ENVIRONMENT AND NATURAL RESOURCES
m AR 5 - 2000 March 1, 2000
MR. DONALD REGISTER FAYET —itVILLE CERTIFIED MAIL
1117 WILLIAMS LAKE ROAD REG. OFFICE _RETURN RECEIPT REQUESTED
ROSEBORO, NC 28382
RE: Remission Request
Donald Register Farm
Farm; # 82432
Sampson County
File # DD 99-006
Dear Mr. Register:
This letter is to acknowledge your request for remission of the civil penalty levied against
your farm. This request will be reviewed at the next scheduled conference on April 5, 2000, and
you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, FRO Regional Supervisor w/attachment
Bob -Heath, FRO w/attachmen[
Central Files w/attachment
File # DD 99-006 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Aff rmalive Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr_ state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH C_AROLINA
COUIN Y OF S+A nn,PSD4
ENVIRONMENTAL MANAGEMENT
COMMISSION
7
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGA�i iST ) ADIVIIINISTRATIVE HEARING AND
PERMIT NO. 82 -43 I- ) STIPULATION OF FACTS
FILE NO. D D — 99 - O06
Ha�,ina beenassess d civil penalties totaling. ' 47 97. '13 for
violation(s) as set forth in the assessment document of the Director of the Division -of Water Quality
dated, _ ZL►317-0oo , 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.
w
-
This the Z3 day of f giota --
3RvAR.4 - Vol)
R E C E I V
FEB 29M
V,'ATER QUALITY SEavj
"- ; _ _,harGe Compliance Pff.
SIGNATURE - - -
ADDRESS
1�o5�3aRo tiG 28 382 --
TELEPHONE
4 rD - s(. ? "

February 24, 2000
Mr. Tommy Stevens
NCDENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
Dear Mr. Stevens,
I would like to recount the events that led up to the discharge of wastewater from my
hog farm. In the afternoon of Saturday February 20`h 1999, I found that the discharge pipe
from one of my buildings was stopped up. The flush tanks had caused the pits to fill and
overflowed from my building. I immediately shut the recycle pump off. I had a backhoe
to come and dam up a place were wastewater was entering the ditch. I also dammed up a
place between my buildings to trap the wastewater. My service from Prestage Farms,,
called Randy Barefoot also with Prestage and he came out to the farm on Sunday
February 20d', 1999. He told me to pump from the ditch to the spray field as much as I
could. I pumped with two 5-hp pumps on Sunday. I also unstopped the discharge pipe to
the lagoon, and the recycle pump was still shut off.
On February, 22" d 1999 my son Lynn Register called DWQ in Fayetteville and
reported the spill_ The inspectors came that morning to investigate. They recommended
that I pump from the ditch to the spray field, and 1 did. The following Sunday February
28d', 1999 we had about 1.5 inches of rain_ This rainfall filled the ditches with water. On
Monday March I'`, 1999, 1 needed to turn the ponded water from between buildings
because I was selling hogs the following week and was afraid that the trucks would get
stuck. This water ran where it was stopped by the berm that was built by the first spill.
On Tuesday March 2"d'1999 1 was contacted by Bob Heath from DWQ Fayetteville
office that I had another spill at my farm. He also called Glenn Clifton with Prestage
Farms and he came to see about the problem_ When Glenn arrived he said that we needed
to pump the trapped water from behind the dams and try to pump wastewater from the
ditch. Prestage Farms had a honeywagon to come in and pump approximately 4000
gallons of wastewater from places that had trapped water on my spray field.
The spill was an accident due to equipment failure and I thought that I had the outlet
pipe from the building unclogged but it stopped up again causing the second spill. The
run off occurred during the night and I was unaware of the spill until the following
afternoon. After it was found I took immediate action. I cut the flush tanks off, dammed
up the ditches and pumped from the ditches to my spray field. The second discharge
Prestage Farms came out and cleaned up as much of the wastewater as possible.

I feel like there was little impact to the environment and there was no report of
impacts downstream from where the discharge occurred
I think that the penalty is excessive due to the fact that I could not help what happen
during the night and, I responded immediately to correct the problem, and there was little
to no impact to the environment.
Please review the comments I have made and consider reducing the penalty.
Sincerely,
Donald Register

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
Division of Water Quality
May 17, 1999
TO: Coleen Sullins
Water Quality ection Chief
THROUGH: Paul E- Raw
Regional Wate uality Supervisor, FRO
FROM: Jeffery Brown
Environmental En Inineer40
SUBJECT: Enforcement Package
Donald Register Farm
Facility No. 82 - 432
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter. if you have any further
questions or need clarification on any of the details please contact Jeffery Brown
or myself.
HE
Attachment
221S GREEN SITREET, SUITE 714, FAYETTEVILLE. NORTH CAROLINA 28301 •8043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO/10% POST -CONSUMER PAPER

STATE OF NORTH CAROLINA
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BLADEN
File No. DD
IN THE MATTER OF }
Brown's of Carolina, Inc.
Brown's of Carolina Farm #28
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
}
}
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,
I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
I. FINDINGS OF FACT:
A. Donald Register operates a concentrated animal operation in Sampson County.
B. The Donald Register Swine Farm was deemed permitted as a nondischarge facility on
October 27, 1997, in accordance with 15A NCAC 2H .02I7.
C. On February 12, 1999, DWQ staff observed a discharge of wastewater by the
Donald Register Swine Farm from the swine buildings to an Unnamed Tributary (UT)
to Big Swamp, which are Class "C - SW" waters of the State within the Cape
Fear River Basin.
D. The Donald Register Swine Farm had no valid permit for the above described
activity.
E. The cost to the State of the enforcement procedures in this matter totaled
$797,13.

Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Donald Register a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 211.0217 and G.S. 143-215.1.
C_ The Big Swamp constitutes waters of the State within the meaning of G.S.
143-215.1 pursuant to G.S.143-212(6).
D. The above -cited discharge is a violation of the nondischarge deemed
permitted status.
E. Donald Register 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 than
ten thousand dollars ($10,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or
requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Donald
Register pursuant to G.S. 143-215.3(a)(9) and G_S_ 143B-282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation
provided for by G.S.143-215.6A(h), 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, Donald Register is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in
violation of 15A NCAC 214.0217.
S
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S.143-215.6A.
$ Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,
to the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply
with programs over which the 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

• �. aiiiFi v4pa T' .�TTil- VI ML•T'la
2. Regional Office: Fayetteville. Water Quality Section
3. Name of Owner Of Property: Donald Register Copy of Deed attached)
4. Name of Operator: Anthony T. Tyndall' Operator in Charge f01C1
6- Phone Number: [phone]
7. Description of • t .• excerpt
From Maxwell :+•• 116tuM dght •. Dunn :r.• : it .r.. is located on left
�. r. t"•. ta- t 1 1}1' rll 1 •�i�11 t i t•a . • 1 1 • Py M'XII
9. Date of last expansion: ALA
10. Has the facility registered with DWQ? YES NO`
If yes, date of registration 10-8-93
11. Does the facility have an approved Animal Waste Management Plan YES NO_
Is one required? YES-X— NO_
Date Approved: 12/24/96
12. Has this facility received a CAFO Designation? YES_ NOX
If yes, date issued:
13. Type of Operation: Swine, Feeder to Finish
14. Number and type of livestock: Th= .were approximately 1240 finishing animals present at
the time of the initial inspection
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period. Twelve (12) m,,_ onths.

16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes, the farm was designed to have appl- . ate y 15 acres_
of pasture land on which to apply waste. The certified animal waste manage ent plan calls
for a combination of coastal Bermuda and small grain over seed.
Q
17. Type of .iE al 1 totalconfinement free stall 1• n
lagoonwith slotted floors over flushing pits- Wasta is flusbed as nccdcd from flQor pits into the
system. The •••at eEE is compoged of one •••e { •u which waste can
• • ill t • the application fields via a mobile reel and spny gun system.
18. Description of other animal operations in immediate vicinity and proximity to same or
other surface waters:
facifily. however there is a pau]Uy operation located within300 YaE S of the swine buildings
owed by another producer.
19. Proximity of facility to neighboring houses, wells, etc.:.There ,is at ]Cast two separate
residences located annoximately 1200 feet from thr, huildings_
20. Approximate depth of ground water table in the area of the facility or discharge: unknown
22. Animal waste • / Swine
r Brown. • • • • Fayetteville Regional•ir ' 1 486-15
23. Are pollutants discharged in the waters of /
If • • • ! was contacted by Donald Register 11 am •1 the morniiig of Ir ••
22, 1299. • - stated that animalbad :fl " i the farm ditch adjacent to he lagoon
a result of2 clQgged dischai:gc pipe •1 tbc night of 1[ •\ 1 Ear" •[. rr • •t
to observe 1 • 1 " • [ 1 " II • " rll. 1 • • • " " 1 con=cted to preyext additionalfrom
entering the ditch, This had been r•t- IE -•r \ 1 An -.r.{-u •.Ir had also 1-r
constructed in the ditch prior to entering a culvertr- higb-Way. However, - a had
i•. • to the hi gbway via theditch and crossed under the -highway by means of tculvert
•[•r to -the installation of t •.0 • then i•. • into-thIII of Big Swamp-
iSee
attached r E • •
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,
24 hour storm? This discharge was not these5ult of a 25-year, 24 hour storm event or any
other storm event.
25. What is the degree and extent of harm to the natural resources of the State, to public
health, or to private property resulting from the violation?: The discharge has caused the

Coliforrn, Fecal / 100 ml
>.,330,000
>63.000
>64,O0O
126
5900
1000
250,000 T
172,727
<9
54
45
C
'PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION"*
1l C -MIMI• ! ! 1 ! f 1 - . .
too wZ1,16111 / F. in I olwal moll 1. 17441,77. wl / ! - -! aso 5 1 Mirm tio i ittiol olow 24ol at vil immull sit I
goo 114m" tome oils /• Flu ir.11 1 1- l 1' f !/ ir, ff m 1• !- 1• 1 WT, �!J

31. What is the prior record of the violator in complying or failing to comply with programs -over
which Environmental Management Commission has regulatory authority? The Donald
Regi�LSwine Fare, was registered with DWC)Qn 10-8-93 and certified on 10-27-97- It was
noted from the inspection in 1998 that the discharge pees needed to be extended, some
maintanenc_e around the lagoon was required, and that record keeping_ needed some
imnrovem ent.
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing: $ 6.17
Mileage: $0.20 per mile for 150 miles: $ 30.00
Copies (Sampson County Court House) $ 2.00
Fecal Coliforrn ($24.00 per sample) * 12: $ 288.00
Jeffery Brown @ $20.78/hr
1.5 hours - Drive Time $ 31.17
1.5 hours - Investigation $ 31.17
8 hours - Report Development $ 166.24
11 hours total $ 228.58
Bob Heath @ $19. l 8/hr
3 hours - Drive Time $ 57.54
3 hours - Investigation $ 57.54
6 hours total $ 115.08
Paul E. Rawls - 1 hour (Supervisory Review) $ 27.30
Central Office Review $ 100.00
Total $ 797.13
33. Type or general nature of business. Swine. Feeder to Finish Operation
34. What is the violator's degree of cooperation or recalcitrance:
Mr. Register constructel .1 cadhern berm tn prevent additional •1lrr entering the
ditch. lie also installd an " • r 1 - 11 dim in the ditch at the highway t• s - - 1 1 ' wastc 1 • 11
ditch as recm=ended by DWQ, Mr- Register also failed to repair the wasle managmen
sysir.m. thus resulting in a second discharge of animal 1•u the sameswine buildin&
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : Visually Estimated at I % at the confluence mint between ditches draining waste

b. Receiving Stream: UT, to Swamp. Class "C-S W" Water
c. Damage Yes— No -X (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
1'!•UTW I• 1 1
38. Recommendations Made to Owner/Operator-
Pump • A - wastewaterout of t ' ditch onto The sprayfield and the adjacent field- .d1 the
nf the landowner since this field was not owned by the producer-
Rd=ectian
40. Other - Comments: In summary it is the opinion of 1 office 1 . the discharge not
committedA 1 " however it AA+.1r1 • A• - 1 i/ i - g.,• • act
ginginceide ./ 1 1he saMAje jiumbm assigD-ad by 1 - Iqb according to the y! • l

y

Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC 011
817 CASTLE RAYNE STREET NC 037714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR * FUEL * WATER a FOOD • WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEWR
ADDRESS: Wachavia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brawn
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Source - ID #99WE21294
2. Ditch (Hwy) - ID #99WE21295
3. Discharge point - ID #99WE21296
4. Upstream - ID #99WU21297
5. Downstream #1 - ID #99WD21298
6. Downstream #2 - ID #99WD21299
7.
8.
CERT 925595
DATE REC'D: 02/22/99 SAMPLED: 02/22/99
SAMPLED BY: J. Brcwm
DELIVERED BY: J. Brawn
SAMPLE CODS: WW, Stream, Grab
REFERENCE: Register Farm
DATA REVIEWED BY:
DATE REPORTED: 02/2 9
#i+ti#t+itittittttittti+tiiiiiii#+iiii#iit44ti++itii+ttf+itiiii+iii{iitttitttiitiiitit4tii
ANALYSIS bwr= 1 2 3 6
COLIFORM, FECAL (per 100 ml) SM18 9222D >1330000 >63000 >64000 126
♦f++++i++i+i#i+ti+ii#+i+iiii++++++iiti#iiti#+##i#itt#i+++iii+#i++#itii+ii###i#titi+#+i+#ii
ANALYSIS METHM 5 6 7 B
+##iiii+#ii++�►#k++tii+iii+tit#i++ttiti+ti4iititit4tii++tit+#iii++ii#i+titt+ti#++#iii#+#i#i
COLIFORM, FECAL (per 100 ml) SM18 9222D 5800 1000
COM4T8: < a Less than
> e Greater than
REC&�-CjD
114q 0 9 1999
. PAGE 3 of ] p�G, p��
OFFICE
TTe data and cane tntomaalon oor6pr8ftM *Y Cn A(a) nnerso end is M E M B E R
rands.rd upon the cau tlon VW N Is not lobe npodiad OWy or in pen for advef inp or odrr purposes %VhMA wrftn appovo
from the may- .
USDA-EPA-NIOSH Tesdn9 Food Serfdlai CotsftV Chwnaal cord #A=0XA09k;W Analyses eW Research

ay ---S 7 (�- P� �'t V
` ot` ?o
Iav nArwo(7
r F/7 - C$
Uoogb7

FAYETTEVILLS DIVISION
817 Castle Hayne Stmet Fayetteville, NC 29303 Phone [phone]
CHAIN OF CUSTODY RECORD
Fax [phone]
., .. PAGEOF 7
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Time
R.Wv.a *r. tsgnatunl
Date
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4
apnquiumi gr.1319natum)
am
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R.car.d tqr IS19natun)
Dan
Time
71
1
1 8
Cammu is or Special Harass:

Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEHNR
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. R_ Heath
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Source - ID #99WE31505
2. Ditch - ID #99WE31506
3. Road ditch - ID #99WE31507
4. Wetland ditch - ID #99WFs31508
5. Downstream - ID #99WD31509
6. Upstream - ID #99WU31510
CERT #25747
DATE RBC*D: 03/02/99 SAMPLED: 03/02/99
SAMPLED BY: R. Heath
DELIVERED BY: R. Heath
SAMPLE CODE: Waste water, Grab
REFERENCE: Register Farm
DATA REVIEWED BY:"
DATE REPORTED: 03/04/99
+a+a#+titititi+atttti+tttiitiaittiit+++iat+i+atittaii++attits+tiiit+t++ita+a++tits++iattia
ANALYSIS NETHOD 1 2 3
aitaitia#+tattt++ati#ia+a+i#slat+ti;+#tttatiaiaatatiatiiaii+ttaitaia#iiatiitiaa#atiftaa+ti
OOLIFORM, FECAI, (per 100 ml) SM16 9222D 250000 172727 <9
+a++i#++tttia+a#ia+t###t+ataaati++aaiiaaii,tta#a++aaaai#+aa#*++aiaaa+aa+i+iaaaaaaa;+aaa+aia
ANALYSIS ioTHM 4 5 6
COLIFORM, FECAL (per 100 ml) SM18 9222D 54 45 <9
cDTB: < a Less than
> a Greater than
PAGEE-I OF 1
RECEIVED
MAR 0 9 1999
5W , EVOFFLL
TTed=endsaberbstx=0M9orqWbgdanthe sndother +Pen1�Cdoh.+ �*MyUWAmplete)-ld) end>Y M E f(R BE R
rendered upon the oondtdw rod p is not in to Apro si I wh* or in pert 4or adoe"Wnp or other purpmm wowd wrOon ipprovw
from the twxff ry. y •�
r rens-=Aa.MtrriQil Twine Food Smdbl lon Corrnet}nn Chi end lrliQnbi0ftkn! Anefysea end Paseardt

3

s
w

E

Donald Register Farm
WASTE LNN DITCH ON THE OTHER SIDE OF SR 1002
RECEIVING STREAM (UT TO BIG SWAMP)

Donald Register Farm
WASTE PONDED ADJACENT TO DITCH (ONE WEEK LATER)
FAN WHERE WASTE LEFT THE BUILDING (SECOND DISCHARGE)

Donald Register Farm
WASTE FLOWING BESIDE BUILDING (SECOND DISCHARGE)
WASTE IN FRONT OF BUILDINGS (SECOND DISCHARGE)

� . �"7sYT�_ .r �.. _` w T ;• ..� ' �.f`?`X—. �, �, i p.�_ _ r. �. f �C-.:1 ��,! •'�1

P 154 61.5 89L
Us Postal Service
Receipt for Certmed Malt
No Insurance Coverage Prwitted
Do not use for Intemaborial ldldtl See WPM)
send to
Donald Repister
sheet & Nuntat
117 Williams Lake Road
Past 0tfiw. Stara, d 7JP Cade
Roseboro NC 28382
PastEpe
.33
Certified Fee
1.40
specW ixrnery F•ee
AesYded D05rery Fee
»
M
m
Whom 3 Date Ddymd
_
�
ReAern Recrgll Shou'ig m
Dar', R Addlrsue s Rddrss
1
Q
m
TOTAL Postage d Fees
2..2985
Posvr>erl� Or a -do
2/27199
a
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
February 25,1999
P
i
I Register
ins Lake Road
NC 29392
Notice of Violation
Donald Register Siiine Farm
Facility No. 82432
Sampson County
Dca Mr. RegIst=.
You are hereby notified that, having been deemed permitted to have a non
discharge permit for the subject animal waste disposal system pursuant to I5A NCAC
2H .0217, you have been found to be in violation of3= 2H .0217 Permit.
On February 22, 1999, stall' from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of the Donald Register Farm in
Sampson County after receiving notification that a discharge to surface w'atm of the
state had occurred. During this inspection it was noted that animal waste was ponded
in a low lying area adjacent to the farm site. Upon further investigation, animal waste
was observed in the ditches adjacent to the spray fields and had left the property. The
waste was observed in a wetland area adjacent to SR 1002 and the adjacent stream_ in
addition, irrigation records need to be maintained with the appropriate waste analysis
sample to insure over -application does not occur. The small trees need to be removed
from the back -slope of tine lagoon and a suitable cover grass established to prevent
erosiom
The Division of Water Quality requests that the following item(s) be addressed:
1. 1mrnediately inspect and repair all piping involved in the waste
handling system to prevent any future discharges.
2. Review and Correct all irrigation records for the past 12 months to
insure that no over -application has occurred as a result of using the
incorrect waste sample in the calculations. Collect waste samples
within 60 days of an irrigation event.
ILS GREEN STREET. SUITE 714. FAYETTEVILLE• NORTH CAROLINA 28301-3"3
PHOht 910-4es-1E41 FAIL p10-4aB-0707
AN EQUAL OPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - 50% RtCYCLE0/1 0% POET-CONNUMER PARER

3. Remove the small trees on the backslope of the lagoon and establish a suitable cover grass as
needed to prevent erosion.
Failure to comply math the above conditions may result in the facility losing its deemed permitted status
and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $I0,000,00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
Robert Heath, Environmental Specialist, at [phone].
Paul E. Rawls
Regional Water Quality Supq visor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. MRCS
Audrey Osendine-DSWC Fayetteville Office
Central Files -Raleigh
Glen Clifton -Prestage Farms
rZ30ER::- -
%= ■ Ccot►,e hems t and/or 2 for additional services- ,
°o ■ Cc etQ items 3, 4a, and 4b.
0, • ■ P our name and address on the reierse of this fwrri so UW YVe can return th13
> �. LD �p+a�+ rrurt, cn� rm to tho fnt oof the'Hairpiece, or on tl a bar* 0 does not
to ■ Z R gm Race t will show the mailpiece below the ankle number.
show to whom the article was delivered and the
delivered. date
0 1 Article Addressed to:
do
1 also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee, a
4a. Article Number
m Donald Register P 154 615 896
a 117 Williams Lake Road 4b. Service Type
E
$ Roseboro NC 2$3$2 ❑Registered
❑ Express fulail
Retum Receipt for Ntwdmdise
7. Date of Delivery
5•R d8y:(P..... �
U. Addressee's Address (Only
e I and fee is paid)
` fa Si�naltt-�gddressee or
X
�3
Certified
a
❑ insured
c
❑�CQ��
Z
Q:
'requested
p-
c
4
'° r 3817, December 1 ga�ozsgs>-0�s Domestic Return Receipt

----P 154 615 165
� I
us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for intemational tW see reverse
sore to
DONALD REGISTER
Streal a NuMber
117 WILLIAHS LAKE ROAD
P051 office, stale. a ZIP Cade
ROSEBORO, NC 28832
POMP
$ 33
CerffW Fee
1.40
specw odwe;r F
Pzsbi ted Dgvery Fee
iA
P:etum Slawalpm
r
Whom A Dote De6verod
'C
g
ReNrn Showi>p b
1.25
VWe, a Aaaesse t Mdm 1
a,0rAL
PDM p a Fee,
seev
pwmm* or own
_
a
03-26-99
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DNISION OF WATER QUALITY
March 26, 1999
inter
3s Lake Road
IC 28382
iJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Dear Mr. Register.
Donald Register Farm
Facility No. 82 - 432
Sampson County
You are hereby notified that, having been deemed permitted to have a non
discharge permit for the subject animal waste disposal system pursuant to 15A
NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
On March 2,1999, staff from the Fayetteville Regional Office of the Division
of Water Quality conducted a follow-up visit to this facility to determine if the
discharge of animal waste had been reclaimed from the previous week. An
inspector arrived on -site to observe animal waste leaving the back of one of the
swine buildings once again. A small amount of waste was flowing by the earthen
berm, that had been installed to prevent additional waste from entering the ditch
from the previous discharge. Waste water from the previous discharge was
observed in the ditch along with a substantial amount of waste water ponded behind
the earthen berm at the time of the inspection. It is the opinion of this office, that
the efforts, if any, that were made to reclaim the waste water from the previous
discharge from the adjacent ditches were ineffective.
The Division of Water Quality requests that the following items be addressed:
1. Immediately correct the waste management system in order to prevent waste
water from by-passing the lagoon and discharging into the adjacent ditch.
2. Provide a detailed explanation as to what clean up measures were taken, if any,
to reclaim the waste water from the previous= discharge, and why it was not
successful.
225 GREEN GT ICT, SUM 714, 1rAYiTT1rV14L=, NORTH CAMOLINA 26'01-SO43
PHONE [phone] FAx [phone]
AN EQUAL OPPORTUNITY 1AFFIRYATvi ACTION ampLOYER - 50% RICCTCLiD110% P0*T-C*NSuME1Pk PAPER

Page 2
Donald Register Farm
March 23, 1999
3. Explain why the waste management system was not repaired after the first discharge, which
resulted in a second discharge of animal waste.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than S10,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before April 5, 1999.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
SENDER:
■ Complete IlemS t and/or 2 for additional services.
■ WmplEre items 3, 4a. and 4b.
card to
• Print your name and address on the reverse of this form so that we can return this
■ Attach ttus Soren to the front of the rnaiipieoe, or on the back it space doer not
permit.
■ Write 'Return Receipt Requested'on the mailpiece below the amide number.
• The Return Receipt wig show to whom the article was delivered and the date
deWered.
3.
Koaressea to:
DONALD REGISTER
117 WILLIAMS LAKE ROAD
ROSEEORO, NC 28382
efved By: (Print rne)
� i I
n re: (Addressee Agen5
X
arm W1 I, December 19
Sincerely,
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2_ ❑ Restricted Delivery
Consult postmaster for fee.
aa_ Artiste NurnbW
P 154 615 165
4b. Service Type
0 Registered
o Express Mail
❑ Retum Receipt for fderchandise
® Certified
0 Insured
❑ coo
r. uare or uelnrery
3 �7--9�
8. Addressee's Address (Only it requested
�- and lee is paid)
mw-9&e-0,� Domestic Retum Receipt
:r Quality Supervisor
K
e
is,
0
w
i

RECEIVED
April 4, 1999
Dear Mr. Rawls:
APR 6 1999
FAYEl7EVUJ-E
REG. OFFICE
Item 1. I tried to unclog the pipe from the outlet end and I thought I was successful but I was
not. While the Prestage Farms back hoe was here we dug into the outlet pipe and cleaned out the
debris, and repaired the pipe.
Item 2. I would like to recount the events that lead to the discharge of animal waste from my
farm. In the afternoon of February 20, 1999, I found that the discharge pipe from one of my
buildings was stopped up, and the flush tanks had caused the pits to fill and overflow from the
buildings. I immediately shut the recycle pump off. I had a backhoe come and close off the
ditches and I bermed up a place where water was entering the ditch. I also beamed up a place
between the houses to trap the water. I contacted my serviceman with Prestage Farms and he
contacted Randy Barefoot also with Prestage Farms and he came out on Sunday February 21, and
I was told to pump from the ditch to the field as much as I could
On Monday February 22, my son Lynn Register call DWQ and reported the spill. I pumped
from the ditch with two 5 hp pumps as much as I could. I also unstopped the discharge pipe from
the building to the lagoon. The recycle pump was still shut off_
Sunday February 28, we had about 1 1/2 inches of rain. This rainfall caused the ditches to fill
up with water. On Monday March 1, I needed to turn the ponding water from between my
buildings because I was selling hog the following week,and I was afraid that the trucks hauling
the hogs would get stuck. I ditched the water and it ran to an area were it was stopped by a berm
that was built from the time before and did not enter the ditch.
On March 2, I was contacted by Bob Heath that I had had another spill at my farm, he also
contacted Glenn Clifton with Prestage Farms, and he came to see about the problem. When
Glenn arrived at my farm he said that we needed to pump the trapped water behind the berm
and out of the ditches. Prestage Farms had a honey wagon come in and pumped from the ditches,
the trapped area which amounted to approximately 4000 gallons and sprayed the water on to my
spray fields.
Item 3. I thought that the outlet pipe was repaired. I did not run the recycle pump during this
time.
The spill was an accident, it occurred during the night and couldn't be prevented. After it was
found I took immediate action. I cut the flush tanks recycle pump off, dammed up the ditches
and pumped from the ditches to nearby fields -The second discharge Prestage Farms came in and
cleaned up the as much as they could which reduced the damage to the envoirnment.
Sincerely,
r
%, rri
°.t,,-7 - (373

41 Facility Number Date or Inspection
Time of Inspection
13 Permitted Q Certified� f3 Conditionally Certified 0Registered FE3 Not Operation Date Last Operated: Farm Name; — ------ County:
-"0
Phone No: Owner Name:
..Title: Phone No: Facility Contact:
Mailing Address:
teg Onsite Representative:, In rator
Certified Operator: Operator Certification Number:,_
Location of Farm:
-1
Latitude Longitude
Current
Swine Capacity Population
El Wean to Feeder
Q Feeder to Finish /,Z c16> /;Z
0 Farrow to Wean
0 Farrow to Feeder
0 Farrow to Finish
0 Gilts
0 Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
El Layer 1[:l Dairy
1[] Non -Layer JE) Non -Dairy
LO Other
Total Design Capacity
Total SSLW
10 Lagoon Area Field A
Number of lagoons F�Subsurfhce Drains Present JE3 Spray Fi real
Holding Ponds 1Solid Traps JE3 No Liquid Waste Management System
Discharges & Stream Impacts
I. Is any discharge observed from any part of the operation (If yes, notify DWQ)? JKYes E3 No
Discharge originated at: 0 Lagoon 0 Spray Field A Other (A. ^ XJ# 'a.)
a. If discharge is observed, was the conveyance man-made? C1 Yes JRNo
b. If discharge is observed. did it reach: [3 Surface Waters 0 Waters of the State 0 Yes [I No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? M Yes ONo
2. Is them evidence of past discharge from any part of the operation?. yes ONO
3. Were there any adverse impacts to the watersofthe State other than from a discharge? []Yes ONO
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Yes /"0
Structure I Structure.?. Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (inches):
116199 Continued on back

Facility Number; Z — A1,7P hate of Inspection L1
5. Are there any immediate threats'ti the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑yes No
seepage, etc.)
6. Are there structures on site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ) -
7. Do any of the structures need maintenance/improvement? XYes ❑ No
S. Does any part of the waste management system other than waste structures require maintenance/improvement? AlYes ❑ No
9. Do any stuetures lack adequate, gauged markers with required top of dike,. maximum and minimum
liquid level elevation markings? _. - . _, ..
❑ Yes XNo
Waste Application
10.
Are there any buffers that need maintenancerimprovement?
❑ Yes No
11.
Is there evidence of over application? ❑ Ponding ❑ Nitrogen
❑ Yes ,� No
12.
Crop type
13.
Do the receiving crops differ with those designated in the Certified Animal Marta ement Plan (CAWMP)?
❑ Yes V No
14.
/Waste
Does the facility lack wettable acreage for land application? (footprint) ��'/
Yes ❑ No
15.
Does the receiving crop need improvement?
❑ Yes ,�] No
16.
Is there a lack of adequate waste application equipment?
❑-Yes No
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes ❑ No
IS..
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes ❑ No
19.
Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports) . i;r ��� � )lYes [] No
20.
Is facility not in compliance with any applicable setback criteria ineffect at the time of design? "�
Yes N�No
21.
Did the facility fail to have a certified operator in responsible charge?
❑ Yes NLNo
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
❑ Yes WNo
(iel discharge, freeboard problems, over application)
23.
Did Reviewer/Inspector fail to discuss reviewrinspection with on -site representative?
❑ Yes JR�No
24.
Does facility require a follow-up visit by same agency?
PLYes ❑ No
?!o.vio)ations-or- deficiencies were ribbed. ddrin tliis'visit:. Yeti wiyl:receive nv hiriiiei-.
Or resptodence: abbot; this visit : .
Comments (refer to question 9): Explain any YES answers and/or any recommendatiods.or any other comments.-.:- L'� :.�';:-`- ��:�;^
Use drawings of facility to better explain situations. (use additional pages as necessary) _ j
�. � �/.S[�is.�1g �A� t�$,Cs/ �rr••-- �'"'F /►a�es.+F i7S3.J f>�� �!/.��/ , QCjC�.cJ
O Aid A44y 94rev � ` • /� d am.
c4d^!C �•[ ?J�iFG.�O 6/� /"r' �p fj� C/�' I✓As �a� .+ /r .S/Jed w� . /
77X� 6.0���,�o�s,•r.�/.ES�)�•d�.xd•QE,•,.��,..d
/� / .'-----
sue' loz,- .*' i2 I141,,e.Cir l CotzfGr/N4 w
Reviewer/Inspector Name
Reviewer/Inspector 5ignatu
.i -ri_--I-,._/_'_ ,Z./ - ---..,,, An.. --,// .l, k, 3f ff7#4cf L'-.r-. �c:i,�i�`�l, fir: 1.,r �Orf,//r
116199

[3 Division of Soiland WaterConservation -Operation Re'V ie�v ,
3 Division ofSoil'and WaterConsevationComplianc insoec RM
-z
:4771,
M Division of Water Quality - Compliance Inspection
13 Other Agency - 00eraiion Review
v
10 Routine 0 Complaint 0 Follow-up of DNN-'Q inspection 0 Follu%%r-up of DSWC review 0 Other
Facility Number 3Z
I Date or inspection 1 1 Time of Inspection 4: 6 24 hr. (hh.mm)
13 Permitted IN Certified 13 Conditionally Certified 13 Registered L13 Not Operatianal Date Last Operated:
Farm Name: -
County
Owner Name: Phone No: .. . . . ... .......
Facility Contact: . .... . ..... Title: .................... .. ........... Phone No:
Mailing Address: —AL?
Onsite Representative: Integrator: axzxz�-7-4.—A�Alv-:. .......
Certified Operator-- 1-1 Operator Certification Number: ---..-...--
Location of Farm:
. .. . .......... . ............
Latitude Longitude
twine capacity iropuiation
Wean to Feeder
Feeder to Finish 12,t1j> 12 ilo
❑ Farrow to Wean
0 Farrow to Feeder
10 Farrow to Finish
Irl Gilts I I
Design Current
Poultry Capacity Population
PLayer
Non-Layer _A
Cattle Capacity Population
Dairy I
Non-DairyL
F0Other
Total Design Capacity
Total SSLW
Number of Lagoons Subsurface Drains Prese—n-f-110 Lagoon Area 10 Spray Field Areaj
Holding Ponds / Solid Traps EN�i Liquid Waste Management System .
Discharges j&, Stream Imoacts
L Is any discharge observed from any part of the operation (If yes, notify DWQ)?
Discharge originated at: El Lagoon 0 Spray Field XOther
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed. did it reach: 0 Surface Waters V Waters of the State
c. If discharge is observed. what is the estimated flow in gal/rnin?
d. Does discharge bypass a lagoon system?
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts to the waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I
Identifier:
Freeboard (inches):
Structure 2 Structure 3 Structure 4 Structure 5
"Yes 0 No
0 Yes Wo
Yes ❑ No
Yes ❑ No
)WIPPyes RWO
❑ Yes Aq No
0 Yes X No
Structure 6
1/6/99 Continued on back

icility Number: Z — Date of Inspection
Are there any immediate threats to the integrity of any of the structures observed? Oe/ trees, severe erosion,
seepage, etc.)
Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
Do any of the structures need maintenance/improvement?
Does any part of the waste management system other than waste structures require maintenancelimprovement?
Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum
liquid level elevation markings?
Vaste Application
D. Are there any buffers that need maintenancelimprovement?
❑ Yes ❑ No
❑ Yes kNo
XYes 1
❑ Yes RNo
❑ Yes ANo
❑ Yes Wo
1. Is there evidence ) of over application? ❑ Ponding ❑ Nitrogen ❑yes , No
2. P type �.... _. ........ ...... _....................................... .......... . ............................
3. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
4. Does the facility lack wettable acreage for land application? (footprint)
5. Does the receiving crop need improvement?
6. Is there a lack of adequate waste application equipment?
tenuired Records & Documents
.7. Fail to have Certificate of Coverage & General. Permit readily available?
S. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement'? (ic/ irrigation, freeboard, waste analysis & soil sample reports)
M. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
Did the facility fail to have a certified operator in responsible charge?
❑ Yes 2 No
❑ Yes P0+I0
❑ Yes �rNo
❑ Yes Dff No
❑ Yes �kNo.
❑ Yes ;KINo
P'Yes ❑ No
❑ Yes RNo
❑ Yes gNo
22. Fail to notify regional DWQ of emergency situations as required by General Perm4?
(ie/ discharge, freeboard problems, over application) ❑ Yes o
23. Did Reviewerllnspector fail to discuss reviewlinspection with on -site representative? ❑ Yes MNo
24. Does facility require a follow-up visit by same agency? ❑ Yes No
hln.violation' s _or. deficiencies .w:ei e nated. during this;visit:. Y;oti ui i)fret~eive na furiher
pgr:respbbdehfte about: this visit:..:.. ; . . .
Comments (refer to question #1): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
J, 19 dteoCccr�I7ror- A d ��f /.•�' �/a�.� c��.�-' � /�i'�' .w�+�
Re,viewer/Inspector Name
Reviewerlinspector Signature: 'oe.01 ate: .2-Z
116199

a
Zxclao 7 a00.0e
issid in a cmrina a t A15y of h!i
LWAM and ra;ialoled la 4t�h*oe el hr Reitivio
M NWS M umpean Cow* as ihe�day at
a15A m anit wo.��Py1 No.� t
MAE -H. IROUBLEFIELD
glister at OW
n1144 ia­ 31
Recording Time, Hook and Pose
TaxLot No. — .................................................... ...,..,.......... ....,.....,,, Parcel Identifier No. ......•,.............................................. ....................
Verifiedby ........................................................................ County on the ................ day of .................................. ...................... 0 loll........,.
by......................................................................................................................................................................................................................
Hallafter recording to .....Crantee.....................................................................................................1...,.............,..............................
This Instrument was prepared byR..,.Danial,.Rizzo...Attorney..at .taw,...P...0...Box..966,,:Duan,.. NC •.. 283,IS ..... •.
Brief description for the Index 13.57 acres Dismal Township
i NORTH CAROLINA GENERAL WARRANTY DEED
• THIS DEED made thin ..50-... day of ................................ , 10.2—.. , by and between
GRANTOR GRANTEE
EDWARD'T. WILLIAMS DONALD S. REGISTER
and wife, and wife,
PHYLLIS H. WILLIAMS MAINE R. REGISTER
and
HUEY CRAIG WILLIAMS Route 2 Box 332
and wife, Roseboro, NC 28362
KATHY DUNN WILLIAMS
Route Z Box 223A
Salemburg, NC 2838E
Enter In Appropriate, We% for each parlyt name, address, and, if appropriate, eharseler of entity, e.q. corporation or parta,nhip.
The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and
shall Include singular, plural, masculine, feminine or neuter as required by context.
WITHESSETH, that the Grantor, for a valuable conalderatibn paid by the Grantee, the receipt of which In hereby
' acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that
I
i tertain lot or parcel of land situated in the City Of .•........................... .......... ................. ...., ..........,Dismal Township,
Saat.......................... ....••................... County, North Carolina and mart particularly described as follows
Sea Schedule "A" attached hereto and made a part hereof,
CONVEYANCE Of f 1%S PROPERTY
HAS BEE DUL N[,tl ON THE
N. C. 6a Aron. Form No, 1 O 1976. R"UW 0 it" - r.r rww" s a., r. a.. rer, wwr.a. w a rnn TAX RECORDS.
TAX RDo"SIMIRATOn

%
SCHEDULE "A" voL,1144 AGE 32
DONALD S. REGISTER AND M AINB He REGISTER
BEGINNING at an iron stake set in the center line of State
Secondary Road No. 1002, a joint corner of Traots Nos. 1 and 3 in
.the division of the lands of Jeff Williams (Report of
Commissioners, Book 829, Page 584, Sampson County Registry),
which beginning point is located by running from a point at the
intersection of.the center lines of State Secondary Road No. 1432
and State Secondary Road Nc. 1002, North 14 deg. 53 min. 19 sea.
East 873.81 feett and running thence from said beginning point,
so located, the center line of State Secondary Road No. 1002,
North 13 deg. 32 min. 37 sec. East.130.00 feet and North 16 deg.
03 min. 10 sec. East 85.00 feet to a stake in the center line of
State Secondary Road No. 1002, a joint corner of Lots Nos. 3 and
4 in said Jeff Williams Division] and continuing with the center
line of State Secondary Road No. 1002, North 16 deg. 03 min. 10
sec. East 140.00 feet to an existing iron stakel thence again
with the center line of State Secondary Road No. 1002 North 21
deg. 47 min. 30 sec. East 75.00 feet to an iron stake set in the
center line of State Secondary Road No. 1002, a joint corner of
Lots Nos. 4 and 5 of said Jeff Williams Divisionf thence with the
dividing line,between Lots Noe. 4.and 5, South 74 deg. 53 min. 22
sec. East 1369.26 feet to an existing iron stake in the Albert
Williams line, another joint corner of Lots Nos. 4 and 51 thence
with the Albert Williams line, South 16 deg. 00 min. 00 sec..
West 430 feet to an existing iron stake, another joint corner,of
Lots Nos. 2 and 3 in the Albert Williams linel thence with the
dividing line between Lots Nos. 2 and 3, North 74 deg. 52 min. 01
sec. West 1371.45 feet to the point of beginning, containing
13.57 acres, more or less, and being the same property conveyed
to Edward T. Williams, et ux.by deed recorded in Hook 1016, Page
512, Sampson County Registry and Huey Craig Williams, et ux by
deed recorded in Hook 1019, Page 270, Sampson County Registry, as
shown by plat prepared by Owen Surveying under date of 3uly.30,
1992,.attached hereto.
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DONALD D. HONEYCUTT
D8 829 PG 5"
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13.57 ACRES
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AR 1"n a #It soot
L-1498 Q
s
EDWARD W_ WILLIAMS
Dax n9 PG. 599
sua�Eo��•`
,��'�Tfi
'��1N f tttiltttt�
urn to . s grow wr
- om trrwwrwm e
L Mt = T_ GaIE11 l CVrnFV MAT
WA. COLA
� a : $12
OF�ClXAA-*'
raRt�[t flT
PII rAM
ESAafiAOF
PxA. rr- rAii[
.� . �,�-.,. �,
_ . � sow !Ol s ►u 179
CL.C=n & M004 M M]TC lc0
Ga . narriw way 97r
ocm soot ►�
Jpi. L'r�'G No ThAl r-�e AMRLIP.
Conn qs
oem ew Pia
+e MNA F.tXYUM 0rru nw
[ti . � Gonal.[.6tld.
sI-Y I V�v rRA
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�t� LAND =awK1W LAM
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,■aa i purrs AALA .ON
►m an
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e.1P U��iv S a T
avTop.q. N. a Eetme
PWW-v (99) .540-32M
7A TEt im r za w2
SCALE, 1 211CH - 150 FEET
SURVEY FOR
DONALD SHERRILL REGISTER
A IYIFB;
JUDI TH FL A IRE Rf GIS TER
DISMAL TOWNSNP
SAMPSON COUNTY, NORTH CAROLINA.

VOL1144 'ME 34
At
0
The property hereinabove.described was acqulred by Grantor by Instrument recorded in ..........
Book101band Back
................ . ....I.0.. 1.9.. P270....................................�.,.......... I .......................
,,
.w
A map showing the above described property to recorded In Plat Boole ..................................... pate .... .•.,,•.,••..•••.•••••
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee In tee simple:
And the Grantor covenants with the Grantee, that Grantor Is seized of the promisee in fee simple, has the right to convey
the enme in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will vrarrant and
defend the title against the lawful claims of all persons wbomooever except for the exceptions hereinafter stated.
Title to the property herelnabove described Is subject to the following exceptions:
fir WITM=1g wN9aaOP, tits Grafter US kalot>nto 144 h4 ha■A and seat, of 1f Corp Oro Is hag caaa•d MA uutrotn•nt to ae slr■•d lu.to �
sae &to hams ►y lu duly suthor6rsd officM sad It; aeai fa big hereanla a1f1r•d by eatheri of Its bosgd of birsctars, the say sob Fast lk"t f
..........................
(Cerparats Name) ••.................. a ED Alin T. WILLLAM5 `---.sees_•. """"`-•_.tsawLt
O
all...........................................................
............................President N LLIS H. WILLUMS
wrTelre !...............•.........tsr<ALf
........................................................... eR HUZ CItKiG WILLUMS
......S�........to,.... Worpa►als seek) V14i
`�� `l •Yi�A ��7,++'•, 74ORTA CAROUMA. .. SAmp,!SL _..... KAMY -tUIc3Nn WT LLIAMS
q ..
NpTAFty ,� 1, a Notary Pubtle of the county and elate'storeseld, sortify that.EdwBLd..T�.Ri1il=&,............
r/f pt1 B `„ c, personally ■ppsared ►.lore tnr thle day and atknowledged the _■oration of the faralatnl tnrtraras+111. WItpssl Ar
Rand and sfliclat .tamp of 1044 this .3th.. day of ..A ML............................ , II.22.
+0+r0+4 , No'tts Aar Celnmlteleu axpfnes ....fv:X3r:93._..... ... tiaa,e`,.+..". •. - - - . Notary Pn111s
aaAL4TAMP NORTH CAROLIN/l., . .................................County, t
1, a Notary Publle of the Comely and etats aforesaid, Certify that....,5....................................
y person ally sap,e frlsre tits this W sad acknowledged thae .....bets ...................... Noret■ry ad
A •.. a North Carolina Corporation, and that by antharity duty
' liven and at the act of theIMporatioa, the foregoing lattrumool was sighad is its puma by No ...............
S Prtatdo■t, sealed with Its Corporate _tat and attested by .........•.• " Its .. ...................... gserstary.
G
wltaest my hand and elflew stamp der Nat,. ....... da)' of ..........................0 IV.......«
My esrnlnllsloa a■lelrart....................................................................... Rotary ► buo
The fsroseln# carllflat* tl� of PJR%y .. _•.... (.�C�l !'1iA kty ., L.. ....A .................
....._................ alrtiSoth.......CO• r................................................... ..................
.
lsltfaa C•rtilud is to aasre•l. T11% lastromsat and this esrtineata ate away feltltered at the date and Unlernd to tits Book see Pala ■hswm as the
ITIt Valli hare.!.
..._.i.ir.....�Ir,dI.M.13iAir!� , li� .....RZOUTCR or ORIONPoll......... a�Q .
��jj,,�� .......COUNTY
y .......... .._..t>+............DopatrAhmakss■at • s<Cgiste► at 1?sads
C. am Amc. Form No. V G T T7i. lt"twd O 1077 H LED
w ti 4rawwa .a. der X. 11 s,r der.. - ,r,
MAILED
. asks

L
1 1 -:fT I -a
INDEi

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
Donald Register
Donald Register Farm
1117 Williams Lake Rd
Roseboro NC 28382
Dear Donald Register.
NCDENR
NORTH CA.ROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 RECEIVED
Ji'lN I i- 2000
FAYETTEVILLE
EEG. OFFICE
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 82432
Sampson County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. ERR], IRR2, DRY], DRY2, DRY3, SLUR1, SLUR2,
SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerely
< y�
Kerr T. Stevens, Di/rector
Division of Water Quality
cc: Fayetteville Regional Office
Sampson County Soil and Water Conservation District
Facility File
1617 Mail Senzce Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

r_. R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
t=AYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 23, 1999
- 071 ► 7.9 [WIN 137061 1
Mr. Donald Register
117 Williams Lake Road
Roseboro, NC 28382
Subject: N,QTICE of DEFIC ENCY
Donald Register Swine Farm
Facility No. 82-432
Sampson Counly
Dear Mr. Regisw-
On August 18, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an annual inspection of the Donald Register
Swine Farm on SR102 in Sampson County. During this inspection it was noted that
no waste application had occurred since September 1999. In addition, no waste
samples or soil samples have been collected in the past 12 months. No third party
pumping agntcment was available as required for the irrigation equipment or the waste
applicator.
The Division of Water Quality requests that the following item(s) be addressed:
Contact the NRCS office for a copy of the waste application agreement
form to be completed as required by your CAWMP.
2. Collect waste sarnples within 60 days of an irrigation event and collect
soil samples annually as regnrred by Your CAWMP.
Failure to comply with the above conditions may result in the facility losing its
deemed permitted status and being required to obtain an individual non discharge
permit for the facility.
Please be advised that this notice does not prevent the Division of Water
Quality from taking enforcement actions for this violation or any past or future
violation. Fultlzermore, the Division of Water Quality has the authority to levy a civil
penalty of not more than $ l 0,000.00 per day per violation.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 29301-5043
PHONE [phone].I S41 P^X g 7 o-4$8-0707
AM EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSVMER PAPER

/ 6
W. Donald Register
Page 2
August 23, 1999
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
Robert Heath, Environmental Specialist, at (910) 486-I541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Glen Clifton-Prestage Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 23, 1999
9! D .
Mr. Donald Register
117 Williams Lake Road
R.owboro, NC 28382
Subject: NOTICE of DEFICIENCY
Donald Register Swine Farm
Facility No. 82-432
Sampson County
Dear Mr. Register:
On August 18, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an annual inspection of the Donald Register
Swine Farm on SR 102 in Sampson County. During this inspection it was noted that
no waste application had occurred since September 1998. In addition, no waste
samples or soil samples have been collected in the past 12 months. No third party
pumping agreement was available as required for the irrigation equipment or the waste
applicator.
The Division of Water Quality requests that the following item(s) be addressed:
Contact the NRCS office for a copy of the waste application agreement
form to be completed as required by your CAWMP.
2. Collect waste samples within 60 days of an irrigation event and collect
soil samples annually as required by your CAWM P.
" Failure to comply with the above conditions may result in the facility losing its
bop nun deemed permitted status and being required to obtain an individual non discharge
- - permit for the facility.
Please be advised that this notice does not prevent the Division of Water
Quality from taking enforcement actions for this violation or any past or future
violation. Furthermore, the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO/1 O% POST -CONSUMER PAPER

Mr. Donald Register
Page 2
August 23, 1999
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
Robert Heath, Environmental Specialist, at [phone].
Sincerely,
crrA'2-t
Robert F. Heath
Environmental Specialist
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. MRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Glen Clifton-Prestage Farms

-•
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DENR
t,
Division of Water Quality
JAM ES B. H UNT IR.Z--
GOVERNOR ,-.
May 17, 1999
WAYNE MCDEVITT
MEMORANDUM
SECRETARY ;
TO: Coleen Sullins
Water Quality eetion Chief
THROUGH: Paul E. Raw q4-�-,
Regional WateVQuality Supervisor, FRO
FROM: Jeffery Brown
EEnvironmental
En ineeriRO
SUBJECT: Enforcement Package
Donald Register Farm
Facility No. 82 - 432
• i, _ -
21
9
Please find attached a fast track enforcement package pertaining to the discharge
f
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter. If you have any further
questions or need clarification on any of the details please contact Jeffery Brown
=
or myself.
J-g
Attachment
a
• - ink
225 GREEN STREET, SUITE714, FAYETTEVILLE, NORTH CAROLINA 263101-5043
'
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVa ACTION EMPLOYER - 50% RECYCLEOI10% POST -CONSUMER PAPER

STATE OF NORTH CAROLINA
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BLADEN
File No. DD
IN THE MATTER OF
Brown's of Carolina, Inc.
Bros%Ws of Carolina Faun #28
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
l 5A NCAC 2H .0217 ) CIVIL PENALTIES
)
}
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,
I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
1. FINDINGS OF FACT;
A. Donald Register operates a concentrated animal operation in Sampson County.
B. The Donald Register Swine Farm was deemed permitted as a nondischarge facility on
October 27, 1997, in accordance with 15A NCAC 2H .0217.
C. On February 12, 1999, DWQ staff observed a discharge of wastewater by the
Donald Register Swine Farm from the swine buildings to an Unnamed Tributary (UT)
to Big S% amp, which are Class "C - SW" waters of the State within the Cape
Fear River Basin.
D. The Donald Register Swine Farm had no valid permit for the above described
activity.
E. The cost to the State of the enforcement procedures in this matter totaled

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Donald Register a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The Big Swamp constitutes waters of the State within the meaning of G.S.
143-215.1 pursuant to G.S.143-212(6).
D. The above -cited discharge is a violation of the nondischarge deemed
permitted status.
E. Donald Register 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 than
ten thousand dollars ($10,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or
requirement of a permit required by G.S. 143-215.1.
F. The States enforcement costs in this matter may be assessed against Donald
Register pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation
provided for by G.S.143-215.6A(h), 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, Donald Register is hereby assessed a civil penalty of-
$ for discharging waste to the waters of the State in
violation of 15A NCAC 2H .0217.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S.143-215.6A.
$ Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,
to the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply
with programs over which the 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

1. Date of Inspection(s): Feb_ ruarv2, 1999 and March 2, 1999
2. Regional Office: Fayetteyille,
3_ Name of Owner Of Property: Donald_ Register (Copy of Deed 3lladL4
- � ! • - • : / rTTi1�11>�Iriii:�il><�s� - r. • r 11�:�[�]I�]i
6. Phone Number'lEill�►�Tiaic3rlG�
7. Description of • • .r excerpt attached.
From Maxwell :•a• C 1006. turn iight •1 It/l :•.• : If sll is lQca• rr i
side of •.• .n• •. n. Miles From Echd City-
S. Date this facility began operation: The farm has been in full o er i-on sines October 8, 1993,
9. Date of last expansion: -NLA
10. Has the facility registered with DWQ? YES NO
If yes, date of registration 10-8-93
11. Does the facility have an approved Animal Waste Management Plan YES- NO_
Is one required? YES NO_
Date Approved: 12/24/96
12. Has this facility received a CAFO Designation? YES_ NOX
If yes, date issued:
13. Type of Operation: Swine. Feeder to Finish
14. Number and type of livestock: There Wele approximately 1240 finishing animals present at
Lbe time of the initial inaction.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period. TWrlve (12) months.

16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes, the faim was designed to have approximately 15 acres
of pasture land on which to apply waste- a CertifiQ animal wage mnnnaement plan calls
for a combination of coastal heriuuda and small grain over seed.
lagoon17. Type of Waste Management System: Swine = kapt in total cojifinemot free stall harnS
witb slotted floors over flushing nits.- Waste is flushed as needed from floor pits into the
system,The •••! systau •u•• -1 of one •1.1 from which can
be1 application fields via a mObile reeland spray g.1system,
18. Description of other animal operations in immediate vicinity and proximity to same or
other surface waters: It was notcd that no other swine fams are ill close proximily IQ Ihis
facility- however there is a on ultn,�peration located within 300 yards of tlm swine buildings
owed her another producer.
19. Proximity of facility to neighboring houses, wells, etc.: The= is at least two separate
residences located appoxiivatcly I NO feet from the buildings_
20. Approximate depth of ground water table in the area of the facility or discharge: unknown
21, Proximity of facility to surface waters: SpnLy fields for the facility are locatcd appoximatfi-Y
11 feet 1+u an Unnamed Iijbutaug (Id) -of Bigqwamp, •.
22. Animal waste discharged. Swine
Witnesses: Jeffely Brown, DWQ-WQ Fayetteville Regional Office (910) 486-154
23. Are pollutantsdischarged in the waters of - YES
If + • i • was contacted by Donald Register : 11 a.m.•1 the Il+rl i • of -/[ •
22. 1999- Hc stated that anim 1,�,aste had en�--rcd Ibr. farm ditch adjaccut to ibe lagoon
a result of A clogged discharge pipe on the night of Febru= 10, lns�ectors aTrived on -site
to observethat el -.[ 1 rl 1"rn 1.+ beenconstructed to prevent additionalwastewater from
entering the 1 This 1./ been 1+/" !1Febrilary 26, An eartbern +.11 I.f also been
cons itZted 1 the ditch prior t• entering a culvert1 highway- However, wastewater ha
f• a "• • 1- 1 •i f" • l 11 • 11 1 ' 1" 1 • 1 ♦ f #f 1 • 1- -r
• f • to the installation of i dam, 11 Wastewater then fl•weiinto the UTof Big Swamp -
(See
attached 1 photos),
24- Do or have discharges occurred in response to a storm event less severe than the 25-year,
24 hour storm? This discharge was not the result of a 25-year, 24-hour storm event or any
otheLstorm event.
25. What is the degree and extent of harm to the natural resources of the State, to public
health, or to private property resulting from the violation?: The discharge has caused tb

i• oll i 1 fill 1• - "! - 1 •ll •r • 1' • • tl• 1` • /-
1' 1 Ir • .!1• �11 1■ -1 :M ! •EII 1• 1 t .11 !
1- \
Caliform, Fecal, 100 ml
>1,330,000
>63,000
>64,000
126�
5800
1000
250,000
172.727
:54
54
45
Cg
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORNIATION***
�NOXIFAIVKWAlomwws- sit/. `- ■ ■ -1 it 1" i-Et•■/ • -!r r 1 • 1-1
1 1 - • 1' /. a • 1 1 1- ■ i • E - 1 • II I' 1 " e ' 1 1f � - •J -

31. What is the prior record of the violator in complying or failing to comply with programs -over
which Environmental Management Commission has regulatory authority? The Donald
Register Swine Farm was registered with DWnon 10-8-93 and certified on 10-27-97. It was
noted from the inspCetion in 1998 that the discharge pines needed to be extej3dcd, some
maiatanace around the laizoon was required, and_lbt record keeling needed some
improvement_
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing: S 6.17
Mileage: $0.20 per mile for 150 miles: $ 30.00
Copies (Sampson County Court House) $ 2.00
Fecal Coliform ($24.00 per sample) * 12: $ 288.00
Jeffery Brown @ $20.78/hr
1.5 hours - Drive Time S 31.17
1.5 hours - Investigation $ 31.17
8 hours - Report Development $ 166.24
11 hours coral $ 228.58
Bob Heath @ $19.18/hr
3 hours - Drive Time S 57.54
3 hours - Investigation $ 57.54
6 hours metal $ 115.08
Paul E. Rawls - 1 hour (Supervisory Review) S 27.30
Central Office Review S 100.00
Total $ 797.13
33. Type or general nature of business: Swine, Feeder to Finish Operation
34. What is the violator's degree of cooperation or recalcitrance:
Mr- Register constructed an earthern berm to prevent additional waste from entering thc
ditch- fie also installcd an earthern dam in the ditch at the hikkkxay IQ I)mvcnt the waste fi7om
dilch as recommen&d b� DWQ. Mr. Regisiir also failed to repair the waste managmmt
system. thus resulting in a second discharge of animal waste fmr� 1he same sAine. building.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : Visunfly ESjjmated at 1 % at the confluence point between ditches, draining waste

b. Receiving Stream : UT to Big Swamp_ Class "C-SW" Waters
c. Damage Yes_ No —�L (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
1 ! 1 / . a 1 i 1 i 1/ f i i 1
38. Recommendations Ma/ • Owner/Operator:
I - Pumj) the wastewater out of the ditch onto the spray field and the adjacent field, .d1 the
jLtbgej1AaUngd2omgm= since this Eeld was not Qmmcd by the produca-
39, Recommendations for further DWQ Action:
Noticr, of Violation • • - • - ►25.• r •
Notice of ! • 1 :- ►' •/!-1!.!•1 for Enfbrcem-ntAction Er.. •-• II, 1 r •••
Reinspection
f Other Comments:In summary. it is theopinion of thisofrice that1 discharge was not
committed intentionally, however it is importantto note that►i Register failed tQ act
immediately • re laim the 3mastewater thathad • entered 1 •all ditc1 as a l'sult !Qf tbt-.
dogged discharge pipe. Wa-qtg:WatC:r %yas still j2rcsenj in the ditch.pIle xy Ck later. and the
Vroblam--was nol c!ajimted thus allowijag a second discharge Ao the ditch— This was
1iscovered by te innector • 1 March 2. i999, map has • - - / included of 1 - fann to
indicate where the sanvics ware taken by the These points have been labled In
coincide with Ibc •f/• - numbers JI-1 bv the lab according i the -f•E

"y i4l
f R CDENR. FF
_ Jw1r1 'S B. Hutcrim ;
• �CsOYCRNbR >�t�;
�.. A ; .
k.. t
' WAYN MCnEV
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYErrEVILLE REGIONAL. OFFICE
DIVISION OF WATER QUALITY
March 26, 1999
Donald Register
117 Williams Lake Road
Roseboro, NC 28382
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Donald Register Farm
Facility No. 82 - 432
Sampson County
Dear Mr_ Register:
You are hereby notified that, having been deemed permitted to have a non
discharge permit for the subject animal waste disposal system pursuant to 15A
NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
On March 2, 1999, staff from the Fayetteville Regional Office of the Division
of Water Quality conducted a follow-up visit to this facility to determine if the
discharge of animal waste had been reclaimed from the previous week. An
inspector arrived on -site to observe animal waste leaving the back of one of the
swine buildings once again. A small amount of waste was flowing by the earthen
berm, that had been installed to prevent additional waste from entering the ditch
from the previous discharge. Waste water from the previous discharge was
observed in the ditch along with a substantial amount of waste water ponded behind
the earthen berm at the time of the inspection. It is the opinion of this office, that
the efforts, if any, that were made to reclaim the waste water from the previous
discharge from the adjacent ditches were ineffective -
The Division of Water Quality requests that the following items be addressed:
1- Immediately correct the waste management system in order to prevent waste
water from by-passing the lagoon and discharging into the adjacent ditch.
2. Provide a detailed explanation as to what clean up measures were taken, if any,
to reclaim the waste water from the previous discharge, and why it was not
successful.
225 GREEN STREET, SUITE 714, FAYETTEVILLE. FORTH CAROLINA 26501-5043
PHONE [phone] FAX 916-4a6-0707
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER • SO% RECYCLED/10% POST -CONSUMER PAPER

V . _x;
Page 2
Donald Register Farm
March 23, 1999
3. Explain why the waste management system was not repaired after the first discharge, which
resulted in a second discharge of animal waste.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State ftom a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before April 5, 1999.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Glenn Clifton - Prestage Farms

j.'.NCDENR
' Al"
;JAMEEYB. HUNT JR• •�''r'tl
GOVERNOR _. f
4
WAYNE MCpEvrri
SE6RETARY
T.
r
_
_ .,:
t
Vzt�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 5, 1999
CERTIFIED MAIL
RET M RECEIPT REQUESTED
Mr. Donald Register
117 Williams Lake Road
Roseboro, NC 28382
Subject: Notice of Violation
Donald Register Swine Farm
Facility No. 92-432
Sampson County
Dear Mr. Register:
You are hereby notified that, having been deemed permitted to have a non
discharge permit for the subject animal waste disposal system pursuant to ISA NCAC
2H .0217, you have been found to be in violation of your 2H .0217 Permit.
On March 2, 1999, staff from the Fayetteville Regional Office of the Division
of Water Quality performed a follow-up inspection of the Donald Register Farm in
Sampson County after observing a discharge to surface waters of the state had
occurred on February 22, 1999. During this inspection it was noted that animal waste
was leaving the confinement barn through the fan opening at the rear of the barn and
ponding in a lmv bring area adjacent to the farm site. Upon further investigation,
animal waste was observed in the ditches adjacent to the spray fields and had left the
property. The waste -vas observed in the ditches adjacent to SR 1002 and could
possibly have been the result of poor cleanup efforts from the previous discharge- In
addition, the small trees need to be removed from the backslope of the lagoon and a
suitable cover grass established to prevent erosion. .
The Division of Water Quality requests that the following item(s) be addressed:
Immediately inspect and repair all piping involved in the waste
handling system to prevent any future discharges.
2. Remove the small trees on the back -slope of the lagoon and establish a
suitable cover grass as needed to prevent erosion.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2B301-5043
PHONE 91 O-4B6-1541 FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
I

a
Donald Register
Page 2
March 5, 1999
Failure to comply with the above conditions may result in the facility losing its
deemed permitted status and being required to obtain an individual non discharge
permit for the facility.
Please be advised that this notice does not prevent the Division of Water
Quality from taking enforcement actions for this violation or any past or future
violation. Furthermore, the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to
contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-
1541.
Sincerely,
z
Paul E. Rawls
Regional Water Quality- Supcnisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Glen Clifton-Prestage Farms

NORTH CARQLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
February 23, 1999
NMAIMA � 1 MW
Mr. Donald Register
117 Williams Lake Road
Roseboro, NC 28382
Subject: Notice of Violation
Donald Register S«ine Farm
Facility No. 82-432
Sampson County
Dear Mr. Register:
You are hereby notified that, having been deemed permitted to have a non
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC
2H .0217, you have been found to be in violations of your 2H .0217 Permit -
On February 22, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of the Donald Register Farm in
Sampson County after receiving notification that a discharge to surface waters of the
state had occurred. During this inspection it was noted that animal waste- as ponded
in a low Eying area adjacent to the farm site. Upon further investigation, animal waste
was observed in the ditches adjacent to the spray fields and had left the property. The
waste was observed in a wetland area adjacent to SR 1002 and the adjacent stream. In
addition, irrigation records need to be maintained with the appropriate waste analysis
sample to insure over -application does not occur. The small trees need to be removed
from the back -slope of the lagoon and a suitable cover grass established to prevent
erosion.
The Division of Water Quality requests that the following item(s) be addressed:
Immediately inspect and repair all piping involved in the waste
handling system to prevent any future discharges.
Review and correct all irrigation records for the past 12 months to
insure that no over -application has occurred as a result of using the
incorrect waste sample in the calculations. Collect waste samples
within 60 days of an irrigation event,
225 GREEN STREET, SUITE 714, F'AYETTEVILLE, NORTH CAROLINA 28301-5043
PtioNe 810-4g6.1541 FAIL BIO-4B6-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEOJI O% POST -CONSUMER PAPER

3. Remove the small trees on the backslope of the lagoon and establish a suitable cover grass as
needed to prevent erosion.
Failure to comply with the above conditions tnav result in the facility losing its deemed permitted status
and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the DiN ision of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Qualitv has the authority to levy a civil penalty of not more than $10,000,00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
Robert Heath, Environmental Specialist, at [phone].
in ely,
Paul E. Rawls
Regional Water Quality Supen'isor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Glen Clifton-Prestage Fanns

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Donald Register
Donald Register Farm
1117 Williams Lake Rd
Roseboro NC 28382
Dear Mr. Register:
April 3, 1997
e0�
[DEHNR
n"'ECENED
APR 0 7 1997
FW_ a_TF_:AJiL§ E
SUBJECT: Notice of VioladREG. �ii-`RCE
Designation of Operator in Charge
Donald Register Farm .
Facility Number 82--432
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
14f74,41,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, N��y� FAX [phone]
Raleigh, North Carolina 2762b-0535 �� An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/10% post -consumer paper

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