820519_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quai
II

FLFacility Number f Date of Inspection
Time of Inspection f% z),0 24 hr. (hh:mm)
[3 Permitted 0 Certified J3 Conditionally Certified Registered [aNot29crational Date Last Operated: ..........................
Farm Name: .............
...................... . . .. ...... county: .......... . . .................... .......................
Owner Name:......... r.................. ... .. . . .................... Phone No: . ..................
Facility Contact: ._#6 0��­........ ................. ...... _Jitle: . . . ........................................................ - Phone No: ............................... . ............. . ...
Mailing Address . ..... 9..R
... . ..... /Son ­4� NC,
_y ... . ....... . . ............. . ......... ....�iznf...-............................................................ ....... . ............ ...
Onsite, Representative: ....
. .............
Certified Operator: . .. . ......... . ..... Operator Certification Number:,
Location of Farm:
Latitude 0 A Longitude 6 4A
-
Design Current Design Current,�'�.. Design Cuirent
Swine Capacity Population -
Capacity Population Cattle Capacity Popuiation!,`,
=Wean to Feeder pa vD [] Layer [I Dairy
'El Feeder to Finish I0 Non -Layer I LO Non-Dairyj
0 Farrow to Wean
❑ Farrow toFeeder 10 Other I
0 Farrow to Finiih-
Total Design Cp
Capacity
ai
0Gilts,
I SSLW
Tota
0 Boars I I
'Number' of Lag Subsurface Drains Present Lagoon Area
Holding Ponds Solid Traps ❑ No Liquid Waste Management System
P Spray Field Area].
.. ....
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
JR Yes
0 No
Discharge originated at: 0 Lagoon t Spray Field 0 Other
a. If discharge is observed, was the conveyance man-made?
C,
[I Yes
No
P
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
XYes
El No
c. If discharge is observed, what is the estimated flow in gaVmin?
4 1, d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
❑ Yes
10 No
2- Is there evidence of past discharge from any part of the operation?
❑ Yes
XNo
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
-KYes
[I No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? El Spillway
0 Yes
j TNo
Structure I Structure 2 Structure 3 Structure 4 Structure 3
Structure 6
Identifier:
41
Freeboard (inches): ........... . 3-7 ............. . . .............. .......... ..... .. . ... . ......................... . ....... . ........
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
Yes
X No
seepage, etc,)
3123/99
Continued on back

Facility Number:,Q -rldy Date (if Inspection F,
6_ Are there structures on-site which are not properly addressed and/or managed through a waste management or
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
closure plan?
❑ Yes
XNo
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
❑ Yes
WO
7. Do any of the structures need maintenancelimprovement?
❑ YesZNO
o
8. Does any part of the waste management system other than waste structures require maintenahcelimprovement?
E] Yes
Is facility not in compliance with any applicable setback criteria in effect at the time. of design?
9. Do any stuctures lack adequate, gauged markers with, required maximum and minimum liquid level
No
21.
elevation markings?
❑ Yes
A No
Waste Application
Fail to notify regional DWQ of emergency situations as required by General Permit?
Yes
10. Are there any buffers that need maintenance/improvement?
XYes
�Wo
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
❑ Yes
'�(No
12. Crop type
❑ Yes
El No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
C1Yes
NNo
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
X No
b) Does the facility need a wettable acne determination?
❑ Yes
ekNo
c) This facility is pended for a wettable acre determination?
❑ Yes
XNo
15. Does the receiving crop need improvement?
`Yes
[I No
16. Is there a lack of adequate waste application equipment?
!❑'Yes
XNo
Required Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
�No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
WO
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time. of design?
❑ Yes
No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
Yes
(ie/ discharge, freeboard problems, over application)
❑
ANO
23.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
El No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
1r1qNo
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
�kNo
N+,i ns ;o ff dgf cjertcie •wore owd• S�IH''.itlg �h�s'vasit" Yop :will reOive oo ril iboi:: • : •
.: co ri-esp6Tidence: abotif this visit: ..
C6inments (refer to question #) Explata any�YES answers and/or any recommendations or any other comments '
Use_drawinpys of factltty to better explain situati_oiii-6 t gdditional pages as necessary) T.w �.' wx
A.
4x
1/V ,' XX -C /,.-C
Reviewer/Inspector Name _ ;,
Reviewer/Inspector Signature: Date: ��95
3123199

UNIVERSITY FARM
DISCHARGE POINTS
WASTE APPLICATION FIELDS

UNIVERSITY FARM
DISCHARGE POINT (DITCH)

UNIVERSITY FARM
DISCHARGE POINT FROM FIELD TO CREEK
RECEIVING STREAM

JAMES B. FIUNT JR
P^
i�Y.-GOVLRFiOR
WAYNE Mr
SECRIff"
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 7, 1999
Mr. Fred Holland
P.O. Box 918
Clinton, NC 28329
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
University Farts
Facility No. 82-519
Sampson County
Dear Mr. Holland_
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 .4217, you have been found to be in violation of your 2H
.0217 Permit.
On May 21, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm
located off Moseley Avenue ( SR 1145) in Sampson County after receiving
a complaint that swine waste was being applied in a Glitch adjacent to the
spray field. The inspection revealed that swine waste had been applied to a
newly sprigged spray field and waste had run off the field into the adjacent
ditch which entered waters of the state namely Buckhorn Creek which is
Class C swamp waters.
The Division of Water Quality requests that the following items be
addressed:
225 GREEN STREET, SUITE 714, FAYETTEYILLE, NORTH CAROLINA 28301-5043
PNONE 910,465-1541 FAX DIO-486-0707
AN EQUAL OrraRTUNITII /AFFIRMATIVE ACTION EMPLOYRR - 30% RECYCLED/10% POST -CONSUMER EATER

Mr. Holland
Page 2
June 7, 1999
Contact a technical specialist for assistance in calibrating the waste application equipment to
prevent future discharges from occurring by reducing the application amount. In addition,
have an irrigation specialist or an engineer evaluate the farms waste application fields to
insure that adequate wettable acres exist for the facility and what other methods could be
employed to control runoff..
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 penaIty of not more than $10,000.00
per day per violation.
Please provide a written response to this office on or before June 30, 1999, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (9 10)
486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Carroll's Foods, Inc.

R�,�
JUL 7 -1999
June 30, 1999 FAYETTEVILLE
MEG.;FFICE
To: Paul E. Rawls, Regional Water Quality Supervisor
From: Fred Holland, University Farm, Facility No. 82-519, Sampson County
Subject: Response to Notice of Violation
In response to Notification of Violation received in June; In order to prevent any waste water from entering
the ditch in the future, we've rerouted the ditch to go around the spray field instead of thru the middle of the
field. This was approved by the state department before we started any of the work. The movement of the
ditch not only helps with the problem of potiental run-off, but has also given us more acre access to work
with.
At the time of the reported run-off, we had just recently sprigged our coastal_ It had not had time to take
root and make a good stand. As it grows (which it is doing) and thickens, it too will help with the problem.
The run-off we did have on May 21 Et, 1999, was by no means an intentionally act. Two of the three owners
of this facility live very near the spray field. The spray field actually circles one of the homes. We believe
that the changes that have been make will prevent anything like this from happening again in the fimire.
If you should have any question or concerns, please contact us.
Sincerely,
Fried Holland, Co -Owner

:. 4AMJ99 B. F1IJNTJRy 'Y
•. �OYERNOR
}'IF'
,.0
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYIrTfEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 7, 1999
CERTIFIED MAIL`
RETURN RECEIPT REQUESTED
Fred Holland
P.O. Box 918
Clinton, NC 28329
SUBJECT: Notice of Recommendation for Enforcement
University Farms
Facility No, 62-519
Sampson County
Dear Mr. Holland:
This letter is to notify you that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending a recommendation for enforcement action to the Director of
the Division of Water Quality. The recommendation concerns the violation by the University Farms
swine facility of North Carolina General Statute 143-215.1 for discharging wastewater to the surface
waters of the State from a non discharge facility on May 21, 1999.
If you have an explanation for this violation that you wish to present to this office plead
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 our office
on or before July 17, 1999.
Information provided to this office will be reviewed and if enforcement is stili deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any questions mrIceming this matter, please do not hesitate to contact either W.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
'L
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampscn Co. NRCS
Central Files - Raleigh
Carroll's Foods, Inc.
2215 GIIEEN STREET, SUM 714, F'AYZ 11 VILLE, NORTH CAROLINA 28301-5043
roomE 910.486.1541 FAX [phone]
AN EQUAL OPPORTUNITY!AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW10% MST -CONSUMER TAPER

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WAYNE M4
SEVECTAI
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 7, 1999
Mr. Fred Holland
P.O. Box 918
Clinton, NC 28329
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
University Farm
Facility No. 82-519
Sampson County
Dear Mr. Holland:
You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuam
to 15A NCAC 2H.0217, you have been found to be in violation of your 2H
.0217 Permit.
The Division of Water Quality requests that the following items be
addressed:
EN STR917tg BUT714, FAYETMVILLE, NORTH CAROLINA 28.301-5043
Z25 4209
PHOKCDIO-480-IS41 FAXPIO-408-0707
7 AN EQUAL OPPORTUMM/ArFIRmATIVI ACTION EMPLOVWR -50% MIECyCLEW10% "e'r-CONSUMIR PAPER
On May 21, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm
6,
located off Moseley Avenue ( SR 1 I4) in Sampson County after receiving
a complaint that swine waste was being applied in a ditch adjacent to the
spray field. The hqxv6Dn revealed that swine waste had been applied to a
newly sprigged spray field and waste had run off the field into the adjacent
ditch which entered waters of the state namely Buckhom Creek which is
Class C swamp waters.
The Division of Water Quality requests that the following items be
addressed:
EN STR917tg BUT714, FAYETMVILLE, NORTH CAROLINA 28.301-5043
Z25 4209
PHOKCDIO-480-IS41 FAXPIO-408-0707
7 AN EQUAL OPPORTUMM/ArFIRmATIVI ACTION EMPLOVWR -50% MIECyCLEW10% "e'r-CONSUMIR PAPER

Mr. Holland
Page 2
June 7, 1999
Contact a technical specialist for assistance in calibrating the waste application equipment to
prevent future discharges from occurring by reducing the application amount. In addition,
have an irrigation specialist or an engineer evaluate the farms waste application fields to
insure that adequate wettable acres exist for the facility and what other methods could be
employed to control runoff..
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.
Please provide a written response to this office on or before June 30, 1999, regarding
corrective actions taken or planned. 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,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Croup
Wdson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Carroll's Foods, Inc.
I

UMTED STATES POSTAL SERVICE
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ROBERT HEATH
DWQ
225 GREEN STREET - SUITE 714
FAYETTEVILLE NC 28301
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JUN 1 6 1999
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'�''. � - [`7c`f
JANIZS B. HUNT
WAYNE MCEIKT Ti "
SECRETARY
01V
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 7, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fred Holland
P.O. Box 918
Clinton, NC 28329
SUBJECT: Notice of Recommendation for Enforcement
University Fames
Faady No. 82-519
Sampson County
Dear Mr. Holland:
This leder is to notify you Haat the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending a recommendation for enforcement action to the Director of
the Division of Water Quarrty. The recommendation concerns the violation by the University Farms
swine facility of North Carolina General Statute 143-215.1 for discharging wastewater to the surface
waters of the State from a non -discharge facility on May 21, 1999.
tf you have an explanation for this violation that you wish to present to this office plead
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 our office
on or before July 17, 1999.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Dkdor with the enforcement package for his
consideration.
If you have any questions concerning this matter, please do not hesitate to contact either W.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS
Central Files - Raleigh
Carroll's Foods, Inc.
226 GREEN STREET, SUITE 714, FAYE; I MLLE, FORTH CAROLINA 28301-8043
PMdNE 016-486-164t FAX [phone]
AN EQUAL OPPORTUNITY /APlrIRNATIVE ACTION EMPLOYER - 50% RECYCL[O/110% POST-CONINUME11 PAPER

1
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 7,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fred Holland
P.O. Box 918
Clinton, NC 28329
SUBJECT: Notice of Recommendation for Enforcement
University Fars
Facility No. 82-519
Sampson County
Dear Mr. Holland:
This letter is to notify you that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending a remmmendation for enforcement action to the Director of
the Division of Water Quality. The recommendation concerns the violation by the University Farms
swine facility of North Carolina General Statute 143-215.1 for discharging wastewater to the surface
waters of the State from a non -discharge facility on May 21, 1999.
If you have an explanation for this violation that you wish to present to this office plead
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 our office
on or before July 17, 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 conceming this matter, please do not hesitate to contact either M.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS
Central Files - Raleigh
Carroll's Foods, Inc.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2BS01-5049
PHONE C 1 D-486-1641 FAX O10 -d88-0707
AW EQUAL O►►ORTUNITY1 APTIRMATIYE ACTION EMPLOYER - 50% RECYCLEO/10% POST-CONSVMER PAPER
'.' JAMES B. FIS7NtJq:'y=,;
�fF
.-
tt-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 7,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fred Holland
P.O. Box 918
Clinton, NC 28329
SUBJECT: Notice of Recommendation for Enforcement
University Fars
Facility No. 82-519
Sampson County
Dear Mr. Holland:
This letter is to notify you that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending a remmmendation for enforcement action to the Director of
the Division of Water Quality. The recommendation concerns the violation by the University Farms
swine facility of North Carolina General Statute 143-215.1 for discharging wastewater to the surface
waters of the State from a non -discharge facility on May 21, 1999.
If you have an explanation for this violation that you wish to present to this office plead
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 our office
on or before July 17, 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 conceming this matter, please do not hesitate to contact either M.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS
Central Files - Raleigh
Carroll's Foods, Inc.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2BS01-5049
PHONE C 1 D-486-1641 FAX O10 -d88-0707
AW EQUAL O►►ORTUNITY1 APTIRMATIYE ACTION EMPLOYER - 50% RECYCLEO/10% POST-CONSVMER PAPER

August 16, 2005
CERTIFIED MAIL 7001 2510 0003 8088 9374
RETURN RECEIPT REQUESTED
Hervie Honeycutt
Honeycutt Farms
1280 Mosley Ave -
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Honeycutt f=arms
Facility No- 82-519
Sampson County
Dear Mr. Honeycutt:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alam W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been 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.
Violation 1: Failure to have a valid certified animal waste management system operator (OIC). (Permit
Number AWG 100000 Condition II -15.)
Your Operator Certification Number AW 19078 has been invalid since 11112004.
Corrective Action for Violation l:
Within 30 days please obtain a certified Operator In Charge (OIC)_ If you wish to become certified again, you must
meet all applicable certification requirements.
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 $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. William Shanahan,
Environmental Specialist, or myself at [phone].
Sincer
Stephe . Bar hardt
Regional quifer Protection Supervisor
cc: Keith Larick - Compliance Group
Sampson County BRCS
Trent Allen - SWC, FRO
Central Files - Raleigh
NhCarolina
flvoaturaU!l
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Smice
Internet: h2o.enr.state.ne.us 512 N. Salisbury St. Raleigh. NC 27604 FAX [phone]-K77-623-67471
An Equal Opportunity/Affirmative Action Employer — 500% Recycledlt M. Post Consumer Paper

July 22, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hervie Honeycutt
University Farm
1280 Mosley Ave.
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
University Farm
Facility No. 82-519
Sampson County
Dear Mr. Honeycutt:
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W- Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been 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.
Violation 1: Failure to take weekly freeboard levels. (Permit Number AWG 100000 Condition 111.2a.)
It was noted during a routine compliance inspection performed on 7-13-05 that weekly freeboard levels were not
being kept.
Corrective Action for Violation 1:
Please record weekly lagoon levels on forms supplied by or approved by the Division of Water Quality.
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 $25,000-00 per day per violation -
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley,
Environmental Specialist, or myself at [phone].
Sincerely,
ki =
Steph. Barnhardt
Regiona Aquifer Protection Supervisor
CC-' Keith Larick - Compliance Group
Sampson County N RCS
Trent Allen - SWC, FRO
Central Files - Raleigh
o
'
NCarolina
_, . ,/VllfLlfll��lf
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27644 FAX (9[91733-2406 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 509% Recycled/10% Post Consumer Paper

RECEIVED
APR 2 6 2000
FA MEVILLE
MICHAEL_ F. F­%sAEG, OFFICE
AT-TOR-NFY GENERAL.
0 -.
r
State of North Carolina
Depariment of .justice
P_ O. BOX 629
RALEIGH
27602-0629
MEMORANDUM
Reply tn:
Mary Den Carrawav
Environmental Division
Tcl: [phone]
Fax: [phone]
TO: Tommy Stevens, Director of Water Quality
Steve Lewis, Environmental Specialists
,.-Paul E. Rawls, Fayetteville Water Quality Regional Supervisor
Robert Heath, Environmental Specialists, Ill, Fayetteville WQ Regional Office
FROM: Mary AV ay, Assistant Attorney General
DATE: April 20, 2000
RE: Civil Penaltv Assessment Appeal by Frederick Holland, Hen�is S. Honeycutt
and Mary' .lane P. Osborne
Sampson Co- WQDD 99-009: 00-EHR-0332
Please note that I have been assigned to handle the above referenced contested case. 1 will
need to begin preparing our case as soon as possible. Please review the important dates listed
below and provide me with the requested information by either inter -office mail or by placing in
the Attorney General's box in the Archdale building_
April 24, 2000 Prehearing Statements and Document Constituting Agency=
Action due to be filed with OAH. I have a copy` of the Assessment
Factors. Civil Penalty Assessment and transmittal letter, memo of
August 16. 1999, photos of the farm, letter from Fred Holland
dated July 14, 1999 and June 30. 1999. Notice of Recommendation
for Enforcement dated July 7- 1999. Notice of Violation dated lune
7. 1999. Certificate of Analysis by R. Heath on May 31, 1999,
Chain of Custody Record dated May 24, 1999, Compliance
Inspection dated May 21, 1999, CAFO dated May 21, 1999.
Animal Operation Inspection Form dated May 21, 1999, and a
Deed dated May 9, 1998. 1 also need any additional documents
that you might have in the enforcement file. Please send these
materials, a list of everyone who participated in the assessment,
and anv other materials you feel will be relevant at the hearing as
soon as possible.
mri

April 20. 2000
Pap -e 2
May 26, 2000 Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing.
July 10, 2000 Hearing is set in Fayetteville, NC with Julian Mann, III,
Administrative Law Judge presiding.
1f you have any questions or comments regarding this case, please call me at:
[phone].

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
August 28, 2001
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
L"_._ "
00
A wjhm�r4j
MA om
D E N R
DEN `;y.,
'AUG 3 a 2001
f�rrr
SUBJECT. Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DD 99-009
Farm # 82-519
Sampson County
Dear Ms Osborne:
This letter is to acknowledge receipt of your check No. 1470 in the amount of Ir.::,._::!
received on August 228. 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
Ifyou have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
.y.a. Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
jP/tw
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

D4 —
G-0 K
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
August 7, 2001
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
D E_ N R
AUG 9 2001
VVI
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99--009
Farm # 82-519
Sampson County
Dear Ms. Osborne:
This letter is to acknowled;e receipt of your check No. 1462 in the amount of 5182.75
received on August 6, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SI.Itw
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

DENR-FRO
State of North Carolina JV$6 an
Department of Environment, ,, 0 W-4
Health and Natural Resourc s DWO �I
Division of Water Quality r
Michael F. Easley, Govemor D E N R
William G Ross Jr., Secretary
Kerr T. Stevens, Director
vet
�el
July 11, 2001
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 82-519
Sampson County
Dear Ms Osborne:
This letter is to acknowledge receipt of your check No. 1443 in the amount of $182.75
received on July 10, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
14— Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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
Ms. Mary Jane Osborne
University Farms
Post Office Box 918
Clinton, NC 28329
Dear Ms. Osborne:
pNERFRO
NpY 102001
DWQ
NCDENR
ENVIRONMENT AND NAruRAL F2ES RCE3
May 7, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Payment Schedule for Civil Penalty
Case DD 99-009
Farm #82-519
Sampson County
You have requested a schedule for making partial payments toward the S4,386.00 civil
penalty that was assessed by the Director of the Division of Water Quality on February 18, 2000.
The Department is agreeable to a twenty-four (24) month payment schedule beginning on July 1,
2001 and continuing to June 1, 2003. There are twenty-four (24) payments of one hundred eighty-
two dollars and seventy-five cents ($182.75).
Please sign the attached payment schedule and send it back with your first payment. Make
a copy of the payment schedule for your records. Please make the payments by check payable to the
Department of Environment and Natural Resources and mail thetas so they are received by the 1st
of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court~
.flailing Address: Telephone [phone]
1617 Mail Senice Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity!Affirmative Action Employer
50% reci•cled / 10% post -consumer paper
httpa/h2o. en r. state. nr_ us
Location:
12 N. Salisbury St.
Raleigh. NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr.
Jeff Poupart at [phone], ext. 527.
Sincerely,
-f
6?�L
/O -L --
Kerr T. Stevens
cc: Paul Rawls, Fayetteville Regional Supervisor w/o attachment
VWHeath-�FRO w/o attachment
File DD 99-009 w/ attachment
Central Files w/o attachment

. 1
f
State of North Carolina
Department of Environu
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Ms. Mary Jane Osborne
University Farms
Post Office Box 918
Clinton, NC 28329
Dear Ms- Osborne:
Ni
W 10 20W
DWQ
MCDENR
ENvmf*oNMENT AMD NAruRAL RESouRCrs
May 7, 2001
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
RE: Payment Schedule for Civil Penalty
Case DD 99-009
Farm #82-519
Sampson County
You have requested a schedule for making partial payments toward the $4,386.00 civil
penalty that was assessed by the Director of the Division of Water Quality on February 18, 2000.
The Department is agreeable to a twenty-four (24) month payment schedule beginning on July 1,
2001 and continuing to June 1, 2003- There are twenty-four (24) payments of one hundred eighty-
two dollars and seventy-five cents (S182.75).
Please sign the attached payment schedule and send it back with your first payment. Make
a copy of the payment schedule for your records. Please make the payments by check payable to the
Department of Environment and Natural Resources and mail them so they are received by the lst
of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Mailing Address: Telephone [phone]
I617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Af"irmntive Action Employer
50% recycled /10% post -consumer paper
http://`h2c.enr-stare.nc_ us
Location:
512 N. Salisbury St.
Ralciah. NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1517 Mail Service Center
Raleigh, North Carolina 27699-1617
If you. have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr.
Jeff Poupart at [phone], ext. 527.
Sincerely,
/0-L-Kerr T_ Stevens
cc_ PRaWJs,,!Fayetteville Regional Supervisor w/o attachment
Bob Heath, FRO w/o attachment
File DD 99-009 w/ attachment
Central Files w/o attachment

State of North Carolina
Department of Environmei
Health and Natural Resou
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
Dear Ms. Osborne:
February 26, 2002
D E N R
SUBJECT: Acknowledgment receipt Ietter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 83-519
Sampson County
This letter is to acknowledge receipt of your checks No. 1557 in the amount of $182.75
received on February 21, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
YSteve
Lewis, Acting Supervisor
t Non -Discharge Compliance/Enforcement
SUM
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
January 16, 2002
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
,w r�
D E N R
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 83-519
Sampson County
Dear Ms. Osborne:
This letter is to acknowledge receipt of your checks No. 1534 in the amount of $182.75
received on January 15, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please tali Steve Lewis at [phone], extension 539.
Sincerely,
zLWX�" r,
v1_
teve Lewis, Acting Supervisor
Non -Discharge Compliance/Enforcement
Sutw
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North 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
MS MARY ]ANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
Dear Ms Osborne:
"4
,&�j
D E N R
December 14, 2001 ' U- 82001
18 2001
I�
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 83-519
Sampson County
This letter is to acknowledge receipt of check No- 1521 for $182.75 was received
on December 14, 2001.
Payment of these penalties in no way precludes further action by this Division
for fatale °iolations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
'9/Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
cc: Fayetteville Regional Office
Enforcement Files DD 99-009
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27899-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
November 6, 2001
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
r
ift 9 200!
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DD 99-009
Farm # 83-519
Sampson County
Dear Ms. Osborne:
This letter is to acknowledge receipt of your checks No. 1501 in the amount of $182.75
received on October 29, 2001.
Payment of these penalties in no way precludes further action by this Division for future.
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely, n
�iuwmA �°
'9�1f Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health artd Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
October 18, 2001
MS MARY JANE OSBORNE
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
AA
D E N R
OCT 2 2 zoom
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DD 99-009
Farm # 83-519
Sampson County
Dear Ms. Osborne:
This letter is to acknowledge receipt of your checks No. 1492 in the amount of $182.75
received on October 9, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
j4&-1f,WA' 1;v
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

0F W a r�RQG
April 30, 2003
Mrs. Carol Honeycutt
University Farms
1280 Moseley Ave.
Clinton, NC 28328
RE: Acknowledgment of Receipt of Payment
Case No. DD 99-009
University Farms
Farre # 82-519
Sampson County
Dear Mrs. Honeycutt:
Michael F. Easley
Governor
William G. Ross Jr_, Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
W,.
MAY t 2003
This letter is to acknowledge receipt of your check No. 1080 in the amount of $548.25 on
April 29, 2003. This payment satisfies in full the civil assessment and the case has been closed.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance and Enforcement
cc: .aye�e4ille RR6ginanal_ Off ice
File # DD 99-009
Central Files
VXX
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courter #b2-01.01 Raleigh, NC 27699-1617
An Equal Opporitinity/Affirmative Action Employer
500-1 recycled / 10% post -consumer paper
htlpY1h2o. enr. state. nc. us

YX?
0
`O�SAT �R�G
March 7, 2003
University Farms
1280 Moseley Ave.
Clinton, NC 28328
RE: Acknowledgment of Receipt of Payment
Case No. DD 99-009
University Farms
Sampson County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P -E. Director
Division of Water Quality
MAR 17 2003
I
This letter is to acknowledge receipt of your check No. 1054 in the amount of $548.25 on
March 5, 2003. The balance of the penalty is 548.25.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws- If you have any questions, please call me at [phone], ext.
539.
cc:a. ettev" Regional Office
File # DD 99-009
Central Files
Sincerely,
Steve Lewis
Non -Discharge Compliance and Enforcement
ARM
OZ NR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623,6748 1617 Mail Service Center Fax [phone] N. Satisbury St
Raleigh. North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled 170% post -consumer paper
httpl/h2o. enr. state. nc. us

January 13, 2003
MR HERVIE HONEYCUTT-
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
16 [uuj
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 82-519
Sampson County
Dear Mr. Honeycutt:
This letter is to acknowledge receipt of your check No. 1017 in the amount
of $548.25 received on December 3, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
SL:sw
CC: Fayettexille-Reional�Of-ftce
Enforcement File: DD 99-009
Central Files
Si Fferely,
b 1
eve Wls
Nan -Discharge Compliance/Enforcement
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 Slate Courier 1152-01-01
An Equal Opportunity/Affimtalive Action Employer
50% recycled/ 10% past -consumer paper
httpY1h2o. enrstate. nc. us
NCQENR
Location:
512 N. Salisbury St -
Raleigh, NC 27699-1617

September 19, 2002
MR HERVIE HONEYCUTT
UNIVERSITY FARMS
PO BOX 918
CLINTON NC 28329
Michael F. Easley
Governor
William G. Ross Jr.. Secretary
Department of Environment and Natural Resources
Alan W- Klimek, P.E. Director
Division of Water Quality
'SEP 2 0 2002
6
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 83-519
Sampson County
Dear Mr. Honeycutt:
This letter is to acknowledge receipt of your check No. 1534 in the amount
of $731.00 received on September 16, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
Sincerely,
l r }Steve Lewis
Non -Discharge Compliance/Enforcement
V
SL:sw
CC: Fayetteville Regional Office
Enforcement File: DD 99-009
Central Files
Customer Service: Mailing Address: Telephone [phone]
1-877-523-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/ Affirmative Action Employer
5001. recycled/ 10% post -consumer paper
httpJ/h2o. enr. state. nc. us
AMN—
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
May 21, 2002
MS MARY JANE OSBORNE
UNIVERSITY FARMS
P O BOX 918
CLINTON NC 28329
Ate.
D E N R
t
LMAY 2 2 M2
T—V
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-009
Farm # 83-519
Sampson County
Dear Ms. Osborne:
This letter is to acknowledge receipt of your checks No. 1583 in the amount of $548.00
received on May 7, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
�A�•)C'�
,P�'LSteve Lewis
Non -Discharge Compliance/Enforcement
SL/te
cc: Fayetteville Reggi n�ice�
Enforcement File # DD 99-009
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
ti.

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
FREDERICK HOLLAND,
HERVIE S. HONEYCUTT, AND
MARY JANE P- OSBORNE,
Petitioners.
V,
RECEIV12'aD
FAYMEVILLE
REG. OFFICE
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES,
Respondent.
}
}
IN 'I HE OFFICE 01=
ADMINISTRATIVE HEARINGS
00-EHR-0332
NOW COMES the Respondent in this contested case. and enters the following
PREHEARING statement.
I. Issues, statutes, rules. legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or
jurisdiction, acted erroneously. acted arbitrarily and capriciously, or failed to act as required by
Taw or rule in assessing a civil penalty in the amount of $4,000.00 plus $356.00 in investigative
costs, aguinst Frederick Holland. Hervie S. Honeycutt, and Mary Jane P. Osborne [hereinafter,
Petitioners].
RESPONDENT'S PREHEARING-
STATEMENT
z
w
ci r—
rn rn
NOW COMES the Respondent in this contested case. and enters the following
PREHEARING statement.
I. Issues, statutes, rules. legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or
jurisdiction, acted erroneously. acted arbitrarily and capriciously, or failed to act as required by
Taw or rule in assessing a civil penalty in the amount of $4,000.00 plus $356.00 in investigative
costs, aguinst Frederick Holland. Hervie S. Honeycutt, and Mary Jane P. Osborne [hereinafter,
Petitioners].

B. Statutes, Rules. legal Precedents: This contested case involves violations of N. C.
Gen. Stat. i 143-215.1 with a penalty assessment based on the requirements of N.C. Gen. Stat. j
143-215.6A, and the factors set forth in N.C. Gen. Stat. § 1436-282.1(b).
2. Statement of facts and reasons supporting Respondent's position:
The facts and reasons supporting Respondent's position are those set forth in the civil
penalty assessment document. A copy of the "Findings and Decision and Assessment of Civil
Penalties" (Attachment A) is attached hereto, incorporated herein, and submitted herewith as the
document constituting the agency action which prompted the contested case petition filing,
3. The following is a list of the Respondent's proposed witnesses:
1. Kerr T. Stevens, Director, DWQ
2. Paul E. Rawls, Fayetteville Regional WQ Regional Supervisor
3. Robert Heath, Environmental Specialist, I1, Fayetteville DWQ Regional Office
4. Other DWQ employees related to this case.
5. All of Petitioner's witnesses.
Respondent reserves the right to modify this witness list.
4. Respondent wishes to pursue discovery in accordance with the schedule established by
the Scheduling Order.
5. Location of hearing: Respondent does not object to the hearing location of
Fayetteville. North Carolina as set forth in the Scheduling Order.
6. The length of this hearing is expected to be one day.
2

7. All notions. pleadings and orders should be served on Respondent by mad or delivery
to the undersigned counsel.
8. Respondent will be ready for hearing in this case by July 10, 2000, subject to the
confirmation of availability of witnesses.
This the ! �L"L--day of April, 2000_
err985s
,NTICHAEL E. EASLEY
Attorney General
By: Mary Dee C away - State Bari 1986=1
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
3

CERTIFICATION OF SERVICE
1-11e undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearin; Statement on the Petitioner by depositing a copy in
the United Sates Mail, first class postage prepaid, addressed as follows:
Richard L. Burrows, Esq.
P. O. Box 816
Wallace. NC 28466
This the �'day of April, 2000.
MICHAEL F. EASLEY
Attomey General
By Mary D. C away
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleish, NC 27602-0629
[phone]

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. FRED HOLLAND
P.O. BOX 918
CLINTON, NC 28329
Dear Mr. Holland:
AFA
1 � •
NCDENR
EwiRc)t4mENT AND Ne_URA.L RF -SOURCES
February 18, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of NCGS 143-215.1
University Farm
Farm -$2-5 19
Sa-npson Counny
File No. DD 99-009
This letter transmits notice of a civil penalty assessed against University Farm in the
amount of S='..386.00 including S386.00 in investicative costs. Attachzd is a copy of the
assessment document explaining ti,.:s penalty.
This action was taken uncle; 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, yon Must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Depan-mens of
Environment and Natural Resources (do not include waiver form_).
Pa rnent of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #32-01-01
An E�-ua! Employer
30tc ret •clod /10% post-consame: gaper
i:rtn://h c.enr.s.cte.nc,its
Locarion:
6l7 N. Salisbury St.
Raleieh, NC 27699-1617

Please subrrxit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
••
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
nearing, such a request must be accompanied by a waiver of your right to an
administrative hea-irg and a stipulation that there are no factual or legal issues in
d;soute. You mnust ex=cute and return to this office the attached waiver and
sn-Dulation fo-::1 and a detailed statement which you believe establishes whether:
(a) one or, 3o:e of the civil penalty assessment factors ir] G.S. 14.3B -MAID)
were wron6illy aaplaed to the cl—zm :lent of tee pe.iiioner;
(h) the viola -,Or tarorr Qtly abated continuing environ r;Ze_.. darn`ae resulting
_ford the violadon;
{;) the vlolationl'C.'''s Inadve:tent o- a resuli of an accid-2nt;
{�) iilz ViOlaiorhad i7t-.iassessed civil Denaltits for ai,v . revious violations;
(t) vaviiler:: of ihz civiI )eitaliv will rirevtnt o -vi- -.ni for the :ern?lillriz
2L 101is.
submit th_s in-- ` at}on to the atientlon 02:
yl-. Steve Leri°ia
N CDENR
DWQ
1517 IMI ai1 Service Ce Tier
Ralci-h, No -h Carolina 27699-1671
OR
3. Submit a NA•ritter, request for an administrative hearing:
h you vv::+h to con:tst any vonion of the Civil penalty asSCSSIMt li, you Must
r::u-�si an ad, r.:rllstrazive hta 1r1Q. I Ill's reQU-.St rr:List be In i_?e Io_-rm of a i+'rltten
p2t:.:on i0 the Q:iScv of .iLST11ilIStrltive t4earin°S and IiluSC Con o—im to Chapter
1-5U3 of Ly No:ii-2 Ca -o1: -a Gencr a Staiilics. You rnust felt your orlginal petition
LVI.:I Cr1e:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
beim referred to the Attorney General's Office with a request to initiate a civil action_to.collect
the penalty_ Pic -ase be advised that additional assessments may be levied for future violations
which occu- after the review period of tris assessment_
If you 'nave any questions, please contact -Nir. Steve Lewis at [phone], ext. 339 or
Mz- Jeff Poupa�� at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: RtEional Suoe,-vlsor vv/ atiachnne-nis
CornuliancelFn'orcwr +ent File w/ attachments
Central Files w,/ attachxmn nts _
Public Info=ation Of:icer w/ e:tachrrients

STATE OF ti OR i i C? ROLLy E ��'LROy:V1 �r i ?.L V1 ti.=_GEtii i\ i
C031vi IIsS1O�i
COUNiY OL
LV THE NLATl R OF ASSESSViENTT ) WAIVER OF RIGHT TO Ali
OF CIVIL PENALTIES AGAL,r'ST ) ADIVELNUSTRATrY-E HEAPMNG A_ND
PER.ty f' INO. ) STLPULATTO-i OF FACTS
FILE NO.
,Hayiner'b6eII assessed -Civil ven�alties totalinc - for
violations) as sex forth, in the assessment docurnent of the Director of rhe Division `of Nater Quality
dated, , the undersigned, desiring to seek remission of the-civii
penalties, does heresy waive the right to an administrative hearing in the above -stated parer and
does SdDulate i rlat rhe facts are as aaIeaz (d in the assessment docusment_
T.1s Lht day of
S1GtiAi uR.
.DDRH'S S
i EL EPHONY

STATE OF NORTH CAROLLNTA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DD 99-009
IN THE MATTER OF
)
FREDERICK HOLLAND,
)
HERVIE S. HONEYCU"I"I' AND
)
MARY JANE P. OSBORNE
)
FINDINGS AND DECISION
FOR VIOLATION OF
) AND ASSESSMENT OF
15A NCAC 2H.0217 AND
) CML PENALTIES
N.C.G.S 143-215.1
}
Acting pursuant to de3eaation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ). make the following:
I. FE-DLtiGS OF FACT:
A. Frederick Holland, Hervie S. Honeycutt and Mary Jane P. Osborne own
University Farm, a swine operation in Sampson County.
B_ University Farm was deemed per-nitted as a nondischarge facility on Septe.-rnber 9,
199S in accordance with 15A NCAC 2H .021 7.
C. On May 21, 1999, DWQ staff observed a discharge of waste%vater at university
Farm from associated spray fields to Buckhorn Creek which are Class C Sw
waters of the State within the Cape Fear River Basin.
D. University Farm had no valid permit for the above-described activity.
E. Thn cost to the State of the enforcement procedures in this :latter totaled S3S6.00.
Based upon tine above Findings of Fact, I make the following:
U. CONCLUSIONS OF LAW:
A. Frederick Holland, Hervie S. Honeycutt and Mary Jane P. Osbo-ne are a "person"
within the meaning of G.S- 143-215.6A pursuant to G.S. 1=3-212(4).

B. A permit for this animal waste management system is requirwd in accordance with
15A NCAC 2H .0217 and G.S. 143-215. 1.
C. Buckhorn Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(5).
D. The above-cited discharge is a violation of the 15A NCAC 2H.0217
nondischarge deemed permit and G.S. 143-215.1.
E. Frederick Holland, Her -vie S. Honeycutt and Mary Jane P. Osborne 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 (S 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 Frederick
Holland, Hervie S. Honeycutt and Mary Jane P. Osborne pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B -282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Depanment 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 followine:
III. DECISION:
Accordinaly, Frederick Hoiland, Ht, -vie S. Honeycutt and Mary Jane P. Osborne are
hereby assessed a civil penalty of. r
S �A, Q n Q for discharzina waste to the waters of the State in violation
of 15 A NCAC 2H .0217 and G.S. 1413-215.1.
S TOTAL CI4IL PENALTY, which is -1-40 ;oe:ceut of
the -maximum penalty authorized by G.S. 1413-215.6A.
S 386.00 Enforcement costs
S 3 `3_(_11-_a Z _ TOTAL ANNIOU T DUE

. 4 6 - �
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 around 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 Manaaement Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
�s � . -
(Date) Kerr T. Stevens, Director
Division of Water Quality

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. FRED HOLLAND
P.O. BOX 918
CLINTON, NC 28329
RECEIVED
3_ �3 2 5 2000
FAME—_T t'EV1 LLE
Dear Mr. Holland:
f
NCDE
NR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAUURAL RESOURCES
February 18, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of NCGS 143-215.1
University Farm
Farm #82-519
Sampson County
File No. DD 99-009
This letter transmits notice of a civil penalty assessed against University Farm in the
amount of $4,386.00 including $386-00 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 fotrtn).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
h ttp: //h2a. enr. state. nc. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-16I7

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 submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 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
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
WIM
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: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

i 1
STATE OF NORTH CAROLINA ENVIR0 MMEI T'AL MAINAGEMENIT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAIiNST ) ADiMIi RSTRATTVE HEARING AND }
PERINUT NO. } STIPULATION OF FACTS
FILE NO_
Having beeti' assessed civil penalties totaling - ' for
violation(s) as set forth in the assessment document of the Director of the Division of Wafer 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
FREDERICK HOLLAND,
HERVIE S. HONEYCUTT AND
MARY JANE P. OSBORNE
FOR VIOLATION OF
15A NCAC 2H.0217 AND
N.C.G.S 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD 99-009
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_ Frederick Holland, Hervie S. Honeycutt and Mary Jane P. Osborne own
University Farm, a swine operation in Sampson County.
B. University Farm was deemed permitted as a nondischarge facility on September 9,
1998 in accordance with 15A NCAC 2H .0217.
C. On May 21, 1999, DWQ staff observed a discharge of wastewater at University
Farm from associated spray fields to Buckhorn Creek which are Class C Sw
waters of the State within the Cape Fear River Basin.
D. University Farm had no valid permit for the above-described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $386.00.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Frederick Holland, Hervie S. Honeycutt and Mary Jane P. Osborne are 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_ I43-215.1.
C. Buckhorn Creek 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 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. Frederick Holland, Hervie S. Honeycutt and Mary Jane P. Osborne 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 Frederick
Holland, Hervie S. Honeycutt and Mary Jane P. Osborne pursuant to G.S. 143-
215.3(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, Frederick Holland, Hervie S. Honeycutt and Mary Jane P. Osborne are
hereby assessed a civil penalty of:
$
$ o
$ 386.00
$ %(". Ob
for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217 and G.S. 143-215.1.
TOTAL CIVIL PENALTY, which is),0 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 1 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;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

COPY
State of North Carolina
MICHAEL F. EASL..EY Department of Justice Reply to: Mary Dee Carmway
ATTORNEY GENERAL P. O. SOX 629 Environmental Division
RALEIGH Tel: [phone]
27602-04329 Fart: 919-716-6766
Raleigh, NC 27602-0629
May 26, 2000 RECEIVED
Richard L. Burrows iQY 3 0 2000
Burrows and Hall
3 17 North Norwood Street FA)YrTeVjLtZ
P.O. Box 816 RFC'• OFFICE
Wallace, NC 28466 6978
Re_ Frederick Holland, Hervie S. Honeycutt, and Mary Jane P. Osborne v. DENR
00 EHR 0126
Dear Richard:
Enclosed please find Respondent's First Request for Admissions, Written Interrogatories,
and Request for Production of Documents for the above -referenced contested case. Please call
me if you have any questions.
Very truly yours.
Mary Dee Carraway
Assistant Attorney General
cc: Robert Heath, FRO
Steve Lewis, DWQ
enclosures
M

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
FREDERICK HOLLAND, HERVIE S
HONEYCUTT, AND MARY JANE
OSBORNE
Petitioner,
,v-
N.C. DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES
Respondent.
To: Richard L. Burrows
Burrows and Hall
317 North Norwood Street
P.O. Box 816
Wallace, NC 28466
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0332
RESPONDENT'S FIRST REQUEST
FOR ADMISSIONS, WRITTEN
INTERROGATORIES AND REQUEST
FOR PRODUCTION OF DOCUMENTS
NOW COMES the Respondent, the North Carolina Department of Environment and
Natural Resources ("DENR" or "Department"), by and through the undersigned counsel, Mary
Dee Carraway, Assistant Attorney General for the State of North Carolina, and propounds to
Frederick Holland, Hervie S. Honeycutt, and Mary Jane P. Osborne, (hereinafter referred to as
"Petitioners"), Respondent's First Request for Admissions, pursuant to N. C_ Gen. Stat. § lA-1,
and North Carolina Rules of Civil Procedure 26 and 36, Written Interrogatories pursuant to Rules
26 and 33, and Request for Production of Documents pursuant to Rule 26 and 34.
INSTRUCTIONS
Pursuant to Rule 36, you must, within thirty days of receipt of these discovery
requests, provide a written answer or objection addressed to the matter. If you do not respond to

the Requests for Admission within 15 days after service, the matters to which these Requests are
directed will be considered to have been admitted and will be used as evidence against you at the
hearing if one is held. You are also informed that if you answer these requests incompletely,
evasively, or in bad faith, the Respondent will move that the matters be deemed admitted and
that you be required to pay any expenses incurred by the Respondent in proving the facts: or other
matters to which the Requests for Admission are directed as provided under G.S. § IA -1 and
Rule 37.
2. Rule 36 does not require or provide for explanations, only admissions and denials.
For this reason, written interrogatories have also been served on you. These written
interrogatories must be answered separately and fully in writing and under oath and served upon
the undersigned Attorney for the Respondent within 15 days after service of these written
interrogatories. If you fail to answer any written interrogatory or answer it incompletely,
evasively, or in bad faith, the Respondent will move that you be required to pay the expenses
incurred by it as provided under G.S. § IA - l and Rule 37.
3. The written interrogatories are continuing in nature until the date of the hearing
and you are required to serve supplemental answers as additional information may become
available to you.
DEFINITIONS
1. "You" and "your" mean the Petitioners, Frederick Holland, Hervie S. Honeycutt,
and Mary Jane P. Osborne.
2. "Respondent' means the State of North Carolina, the Department of Environment
and Natural Resources; and its Division of Water Quality.
2

"Petitioners" mean Frederick Holland, Hervie S. Honeycutt, and Mary Jane P.
Osborne.
4. "Waters of the State" means any stream, river, brook, swamp, lake, sound, tidal
estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface
or underground, public or private, or natural or artificial, that is contained in, flows through, or
borders upon any portion of this State, including any portion of the Atlantic Ocean over which
the State has jurisdiction. (G.S. § 143-212(6)).
5. The "farm" .means the University Farm, a swine farm located in Sampson County,
North Carolina_
6. "Document" means written or graphic matter of every kind or description, whether
printed or reproduced by any process, or written and/or produced by hand, whether final or draft,
original or reproduction, whether or not claimed to be privileged or otherwise exempt from
discovery, including but not limited to the following categories: letters, correspondence, tax
returns, permit applications, tax listings, annual reports. memoranda of telephone or personal
conversations, microfilm. microfiche, telegrams, books. magazines, newspapers, advertisements,
periodicals. bulletins, circulars, brochures, pamphlets, statements, notices, advertising layouts,
trade letters, press releases, reports, directives, minutes or records of meetings, interoffice
communications, memoranda, financial statements, ledgers, books of account, proposals,
prospectuses, offers, orders, receipts, working papers, worksheets. engineering notebooks and
data, notes, raw data, research data, desk calendars. appointment books, diaries, routing slips,
time sheets. logs, movie tapes, records, drawings, blueprints. sketches, plans, guidelines, graphs,
charts, photographs, data processing printouts and computation (both in existence and stored in

memory), transcripts of oral statements or testimony, and any and all other data compilations or
information resources from which information can be obtained or translated, if necessary,
through detection devices into reasonably usable form. "Document" also includes the original of
any document in whatever medium it may exist and any copy of such original differing in any
way from such original.
7) . "Identify" or "identity" as used with respect to a person means to state the person's
full name and present address and his present or last known employment position and business
affiliation if a natural person, and corporate or other status and address if not a natural person.
"Identify" or "identity" when used in reference to a document means to state the following as to
each document:
a. Its nature and contents:
b. Its date;
C. The name, address and position of its author or signer;
d. The name. address and position of its addressee, if any;
e. Its present location and the name, present address and position of the person or
persons having present custody; and
f. Whether it has been destroyed. and if so, with regard to such destruction;
(1) the date of destruction:
(ii) the reason for destruction; and
(iii) the identity of the person who destroyed the document.
"Identify" when used in reference to an oral communication, means to state the form of
the communication, e.g., remark, statement, telephone conversation, face-to-face conversation,
4

person-to-person conversation, etc.; the date of the communication; the identity of the parties to
the communication; the substance of the communication; and the identity of the persons in whose
presence the communication was made or who otherwise overheard the communication.
"Identify" when used in reference to an act or acts means to state the date of the act, the
time of day upon which it occurred, the location of the act, what was said and done, and by
whore, and all persons present when the act occurred.
8) "Person" shall include any individual, sole proprietorship, partnership, corporation
or association.
9) "Relating to", "related" and "concerning" shall mean directly or indirectly
mentioning or describing, pertaining to, relating to, concerning, connecting with, or reflecting
upon a stated subject matter.
REQUEST FOR ADMISSIONS
Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure, the agency asks you
to admit the following:
Admit that you sprayed animal waste from a lagoon at your farm onto a spray
field on or about May 21. 1999.
Response:
2. Admit that on May 21, 1999, animal waste ran off of a spray field at your farm
into Buckhorn Creel:.
Response:
E

3. Admit that either you or one of your employees sprayed animal waste onto a
spray field at the University Farm on May 21, 1999.
Response:
4. Admit that you left the irrigation equipment unattended while it was spraying
animal waste onto a field at your farm on May 21, 1999,
Response:
5.- Admit that Herve Honeycutt, the operator in charge of the University Farm, was
not at the farm when Mr. Heath arrived at approximately 5:00 p.m. on May 21, 1999.
Response:
6. Admit that Buckhorn Creek is Class C Sw waters of the State within the Cape
Fear River Basin.
Response:
7. Admit that prior to Mr- Heath arriving at the farm on May 21, 1999, there had
been no rainfall at the University Farm on that day.
Response:
8. Admit that you placed the irrigation gun and reel at a location in close enough
proximity to the field ditch so that animal «'aste from the irrigation equipment ran into the ditch
N

while irrigating.
Response:
INTERROGATORIES
1. Identify every person supplying information used to respond to the requests for
admissions set out above (other than your attorney).
Response-
? For each admission which you have denied, in whole or in part, state the
following:
(a) The basis for your denial;
(b) All facts supporting your denial;
(c) The identity of all persons known to have knowledge of such facts;
(d) The identity of all documents which contain information pertaining to such facts.
�. Identify the names and addresses of each person you may call as a witness, giving
a brief summary of the testimony expected from each.
Response:
4. Identify the person who managed the University farm during May of 1999-
7

Response:
5. Identify the certified operator in charge at the University farm during the month of
May, 1999.
6. Identify the days during the month of May, 1999 that you sprayed animal waste
onto spray fields at your farm.
Response
7. On the dates of May 20 and 21, 1999, identify the times that you or someone
working at your farm began spraying waste onto spray Fields at the farm, and the times that you
concluded such spraying.
Response:
8. Identify any employee or other person that supervised the spraying of animal
waste to a sprayfield at your farm on the dates of May 20, 1999, and May 21, 1999.
Response:
9. Identify with specificity the location at which you placed the gun and reel
irrigation equipment to initiate spraying on May 21, 1999.
Response:
8

1 d. What was the freeboard level in your lagoon prior to the commencement of
spraying waste on to spray fields at your farm on the day of May 21, 1999?
Response:
11. _ What was the freeboard level in your lagoon after the discharge that occurred on
May 21, 1999?
Response:
12. How many gallons of animal waste were sprayed from the lagoon to a spray field
at your farm on the dates of May 20 and 21, 1999?
Response:
13. How and when did you discover that animal waste had run off of a spray field into
Buckhorn Creek on May 21, 1999?
1999.
Response:
14. Explain why animal waste was ponded on a spray field at your farm on May 21,
Response:
15. In paragraph number 3 of your Petition for a Contested Case, you stated that
Petitioners are informed and believe that the geld ditch contained little if any water, was
9

essentially dried out, and that no wastewater ran off of petitioner's land into any stream or other
area that could have or did result in any contamination of the waters of the State.
a. State the factual and or legal basis for this claim.
Response:
b. Identify every witness that you believe possesses knowledge or evidence that
supports this statement.
Response:
C. Identify all reports, summaries, documents and all evidence of any kind in your
possession and control that you believe supports this statement.
Response:
d. Identify all reports, summaries, documents and all evidence of any kind in your
possession and control that you believe contradicts or fails to support this statement.
Response:
16. In paragraph 2 of your petition for a contested case, you stated that just prior to
the inspection, while in the act of spraying wastewataer, the attending operator in charge shut
down the pump after determining that the wind speed had increased to the point that the potential
existed for waste water to drift towards or possibly into the ditch adjacent to the spray field.
What time did the attending operator shut down the pump"? Who was the attending operator?
H

DOCUMENTS TO BE PRODUCED
All documents identified in response to the foregoing interrogatories.
Response:
2. All documents and irrigation records purporting to record the application or
irrigation of animal waste to spray fields at vour farm for the dates of January 1, 1999 throu"h
May 21, 1999.
Response:
3. All photographs of the taken at the University Farm on May 21, 1999.
This th� day of May, 2000.
MICHAEL F. EASLEY
Attorney General
Mary Dee Carraway
Assistant Attorney General
N.C. Dept. of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 276020629
Tel. [phone]
Fax [phone]
N.C. State Bar No. 19864

CERTIFICATE OF_SERVICE
The undersigned certifies that the foregoing Respondent's First Request for
Admissions, Written Interrogatories, and Request for Production of Documents has been
served on the Petitioner in this action by United States Mail, first class postage prepaid and
addressed as follows:
Richard L. Burrows
Burrows and Hall
317 North Norwood Street
P.O. Box 816
Wallace, NC 28466
`I'`t
This th�, day of May, 2000.
l2
MICHAEL F. EASLEY
Attorney General
Mary Dee Carraway
Assistant Attorney General
N.C. Dept. of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
Tel. [phone]
Fax [phone]
N.C. State Bar No. 19864

MICHAEL F. EASLEY
ATTORNEY GENERAL
TO:
FROM
DATE:
RF -
State of North Carolina
Department of Justice
P. O. BOX 639
RALEIGH
27602 -0629
I\IFMORANDUM
RECEIVED
4 P 2 6 2000
RF��
Rc1+l}- Io:
Mare Dee Carrawat
Enviranrnenial Division
"Fel: [phone]
Fax:[phone]
Tommy Stevens. Director of Water Quality
Steve Lewis, Environmental Specialists
Paul E. Rawls, Fayetteville Water Quality Regional Supervisor
,/Robert Heath, Environmental Specialists, III, Fayetteville WQ Regional Office
�J
Mary DA14 ay, Assistant Attorney General
April 20, 2000
Civil Penalty Assessment Appeal by Frederick Holland, Hervis S. Honeycutt
and Mary.lane P. Osborne
Sampson Co. \ QDD 99-009: 00-EHR-0332
Please note that I have been assigned to handle the above referenced contested case. 1 will
need to begin preparing our case as soon as possible. Please revierN, the important dates listed
below and provide me with the requested information by either inter -office mail or by placing in
the :attorney General's box in the Archdale building.
April 24, 2000 Prehearing Statements and Document Constituting Agency
Action due to be filed with OAH. I have a copy of the Assessment
Factors. Civil Penalty Assessment and transmittal letter, memo of
August 16, 1999, photos of the farm, letter from Fred Holland
dated Jul), 14, 1999 and June 30, 1999. Notice of Recommendation
for Enforcement dated July 7. 1999, Notice of Violation dated June
7. 1999_ Certificate of Analysis by R. Heath on May 31, 19997
Chain of Custody Record dated May 24, 1999, Compliance
Inspection dated May 21. 1999, C AFO dated May 21, 1999,
Animal Operation Inspection Form dated May 21, 1999, and a
Deed dated May 9, 1995. 1 also need any additional documents
that you mi<<ht have in the enforcement file. Please send these
materials, a list of everyone who participated in the assessment,
and am, other materials you feel will be relevant at the hearing as
soon as possible_

April 20, 2000
I'ape 2
May 26, 2000 Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing.
July l0, 2000 Hearing is set in Fayetteville, NC with Julian Mann, I11,
Administrative Law Judge presiding.
If you have any questions or comments regarding this case, please call me at:
[phone].

0
10
NCIDENR
FAX TRANSMISSION
DENR
FAYETTEVILLE REGIONA FICE 5943
FAYETTEVILLE, NORTH CAROLINA
VOICE: 910-486-1541
Fax:. [phone]
To: jf� `cue
Fax #: cj l 4 7f � 7(
From: 0 s I s
Subject:
COMMENTS:
Date:
Pages (including cover): Z
d

.. ICDEN x
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4' �GWERNAR :y?�:s
WAYNE MCDEV rr"
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4.4
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
Division of Water Quality
August 16, 1999
MEMORAND
TO: Coleen Sullins
Water Quality Section Chief
FROM: Robert Heath #614t--,
Environmental Specialist II
THROUGH: Paul E. Rawls r
Regional Water Quality Sup isor
SUBJECT: Enforcement Package
Unversity Farms
Facility No. 82 - 519
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for you corporation regarding this matter. If you have any further
questions or need clarification on any details please contact Robert Heath or
myself.
Attachment