820523_ENFORCEMENT_20171231

NQRTH GAHULINA
Department of Environmental Qual
2 V

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
George Eakins
Eakins 601 Farm
650 Ward Rd
Harrells NC 28444
Dear Mr. Eakins:
1DEHNR
April 3, 1997 RGE.' �IV
APR 0 7 1991
FAfE TEViLLE
REG. OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
., Eakins 601 Farm
Facility Number 82--523
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,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet l
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, �� 4 FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal Cpportunity/Affirrnative Action Employer
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OL
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: George Eakins
Eakins 601 Farm
650 Ward Rd
Harrells NC 28444
�EHNR
1 4 JyY/
FAYETTEVI r_
Rau. 4FFit ;E
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F.0201
Eakins 601 Farm
Facility #: 82-523
Sampson County
Case #: OV 97-091
Dear George Eakins:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
George Eakins in the amount of $500.00. This assessment is based upon the following facts:
George Eakins operates an animal operation and associated animal waste management
system in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having,
an animal waste management system must.submit a letter to the Certification Commission,
Division of Water Quality (DWQ, Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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George Eakins failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F .0201(a).
Based upon the above facts, I conclude as a matter of law that George Eakins violated or
failed to act in accordance with the requirements of N_C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C_G.S. 90 A-47.5 and 15A NCAC 8F _0500.
Based upon the above facts and conclusions of law, I hereby assess George Eakins a
$500.00 civil penalty for this violation of N_C.G.S_ 90 A-47.2 and 15A NCAC 8F.0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC-8F.0201.-
Please
CAC-8F.0201.
Please find attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice; you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form)_ Payment of the penalty will not foreclose
enforcement action for any continuing or nese violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative

hearing and a stipulation that there are no factual or 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 retraining
necessary remedial actions.
Please submit this information to the attention of:
Mr_ Steve W. Tedder
Water Quality Section ChieVDWQ
P.O_ Box 29535
Raleigh, North Carolina 27626-0535
••
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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

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. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr.,
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONIMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADNILNISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling, for
violation(s) as set forth in the assessment document of the Director of the Division,of Nater Quality
dated, _ , Ehe undersig,red, desirinC :o seek :emission 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

ANIMAL WASTE MANAGEMENT SYSTEM
OPERATOR IN C'HARCT
DESMNATTON FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: Count-:
OPERATOR IN CHARGE
Home Mailing Address -
Cit -7 State Zip
Certificate : Social Securit-7-.
Work Phone Horne Phone
Signature Date
OWNER
Mailing. Address- City
State Zip Telephoner
Signature Date
Please Mad to: WPCSOCC
Division of 'Grater Quality
P. O. Box 29=33
Raleigh, N.C. 27626-0535

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
George Eakins
Eakins 601 Farm
650 Ward Rd
Harrel is NC 28444 7
Dear Mr. Eakins:
EDEHN1=1
December 22 , 1997
RECEIVED
SUBJECT: Acknowledgement Receipt Letter
Eakins 601 Farm
Case No. OV 97-091
Facility #: 82-523
County: Sampson
DED 2 9 1997
FAYMEVI LLE
REG. OFFICE
This letter is to acknowledge receipt of your check No.20279 in the amount of
$500.00 received from J & K Farms, Inc. on December 15. 1997.
This payment satisfies in full the civil assessment levied against George Eakins and
this case has been closed. Payment of this penalty in no way precludes further action by
this Division for future violations. If you have any questions please call Shannon Langley
at [phone] extension 581.
Sincerely,
Dennis R_ Ramsey, Assistan Chief
Non -Discharge Branch
RI.S/te
cc: Fayetteville Regional Office
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ to% post -consumer paper

r►�F
Michael F. Easley, Governor
��� AV
NCDENR
North Carolina Department of Environment and NaturaTResources
January 10, 2002
CFRTIFIFD MAIL
RETURN RECEIPT RE UESTED
Mr. George Eakins
650 Ward Road
Harrells, NC 28444
SUBJECT: NOTICE OF DEFICI IENCY
Eakins 601 Farm
Facility No. 82-523
Sampson County
Dear Mr. Eakins:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge pen -nit for the subject animal
waste disposal system pursuant to I SA NCAC 2H .02 T 7, you have been found to be in violation of your 2H .0217
Permit.
On December 7. 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted
a routine compliance inspection of the above referenced farm in Sampson County. The inspection revealed a
conflict in the acreage listed in the WUP and total acreage listed on the LRR-2 forms. The WUP lists the bermuda
spray field as 7.5 acres, whereas, the IRR -2 forms utilize a total of 9.94 acres. This discrepancy was noted in a
previous Division of Soil and Water operations review. It is a permit condition that this facility must operate
utilizing the current WUP.
The Division of Water Quality requests that the following item(s) be addressed:
1. Amend the WUP to reflect the correct acreage for the bermuda spray field.
2. Correct the TKR -2 forms for the proper field acreage.
Failure to comply with the above condiiions may result in the facility losing its General Permit 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 $25,000.00 per day per violation.
225 GREEN sTREET - SUITE 714 / SYSTEL BUILDINU I FAYETTEVILLE, NC 28301-5043
PIION[= (910) 486-[54[ FAX [phone] WWkV.F:NR.STATI:.NC,I1S/FNR/
AN EQUAL OPPORTUNITY / AFFIRMATIVF ACTION EMPLOYER- 50% RECYCLED/10% POSTCONSUMER PAPER
DENR -ro[.L FREE HOTLINE: [phone]

j9ry
Mr. Eakins
1-10-02
Page 2
Ifyou have an explanation for this Violation that you wish to present, please respond to this office by
JaiivarN- 2-5. 2001. I f you ha%,c any questions concerning this matter. please do not hesitate to contact me at (910)
486-1541.
Sincerely,
M. Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Wilson Spencer -Sampson Co. NRCS
Central Files -Raleigh

NCDEHR
North Carolina Department of Environment and Natural Resources
Beverly l=aves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Eakins, George
Eakins 601 Farm & Isolation Farm
654 Ward Rd
Harrells, NC 28444
Dear Permittee,
Division of Water Quality
Coleen H. Sullins
Director
June 30, 2010
Subject: Notice of Violation
Eakins 601 Farm & Isolation Farm
Permit Number AWS820523
Sampson County
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. it is both a condition of your permit and required by Rule 15A NCAC 2T ,0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($}
2009PRO 13209
12/17/2009
1/16/2010
60.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand (525,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Raleigh. Nortn Carolina 27699-1636
f-oatior.: 2728 Capital Blvd., Raleigh, North Carolina 27504
Phone: 919j33-3221 1 FAK 919-71;,0588 4 C4storrwr Service. 1-877.623-6745
Internet: www.ncwaterqualo.org
An Epua1 Opportunity %Affirmative Action Emnjoyer
Nonc
rthCarolina
Nahmalllry

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at jaya}[e-mail].
Sincerely
,
Q
�v may -
Keith LaricL Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820623)