820533_ENFORCEMENT_20171231

NUH I H CAIRULINA
Department of Environmental Qual
iX)

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYErrEVILLz REGIONAL OFFICE
DIVISION OF WATER QUALITY
JAMES B. Hu JR.
GOVERNOR
January 14, 2000
x.
WAYNE McD VfIrr
CERTIFIED MAIL
SECRETARY
RETURN RECEIPT REQUESTED
Billy Butler
1605 Beluoir School Road
Clinton, NC 28328
.7.
SUBJECT: NOTICE OF DEFICIENCY
Billy Butler Farm
.4,
Facility No. $2- 533
Sampson County
Dear Mr. Butler:
On October 14, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County. It was observed that the lagoon dikes were not being maintained to the toe of the
slope. Trees were observed on the back slopes of the lagoon dikes and need to be
removed as required by General Permit condition 11.10 which states that "Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond
embankments. All trees shall be removed in accordance with good engineering practices..".
Some minor erosion was also noted in portions of the spray fields.
Wastewater was observed in an area directly behind the nursery building. It
appeared that wastewater left the building via the pit fan, however there was no evidence
to indicate that wastewater had left the farm site. It was also noted that weekly freeboard
levels were not being maintained. General Permit condition 111.2 states that "Waste lagoon
and storage pond levels shall be recorded weekly on forms supplied or approved by the
DWQ.'. The facility failed to have a current third party agreement in regards to the
application of wastewater in the farm records. General Permit condition 1.4 states that 0A
copy of this General Permit, COC, certification forms, lessee and landowner agreements,
and the CAWMP shall be readily available at the farm (stored in places such as the farm
residence, office, outbuildings, etc.) where the animal waste management activities are
being conducted for the life of this permit.".
t
225 GREEN STREET, $Vitt 714, FAYETTEVILLE. NORTH CAROLINA 28301-5043
PHONE gio-406-12141 FAX [phone]
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Page 2
Billy Butler Farm
January 14, 2000
The Division of Water Quality requests that the following items be performed:
1. Contact the local NRCS district for assistance in removing the trees from the back slopes of the lagoons.
Maintain both the inside and back slopes of the lagoon dikes so that they can be inspected routinely for
evidence of erosion, seepage, and damage by animals.
2. Obtain a current copy of the third party agreement for the farm records.
3. Immediately begin recording weekly freeboard levels in order to be in compliance with the General Permit.
4. Evaluate the waste management system on a more routine basis to prevent the releases of wastewater in
the future.
Please notify this office in writing on or before February 4, 2000 at the letterhead above as to the actions
taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as absolving
this facility of the responsibility and liability of any violations that have or may result from these deficiencies.
If you have any questions concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Howard Hobson - Carroll's Foods, Inc.
It V

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
April 3, 1997
Bully Butler
Billy Butler's Hog Farm
1605 Beluoir School Rd
Clinton NC 28328
IDEHNR
RECMV ''
APR 0 7 1997
FAY E -F1 E �i1.
SUBJECT: Notice A%1a oni( ;-
Designation of Operator in Charge
Billy Butler's Hog Farm
Facility Number 82--532
Sampson County
Dear Mr. Butler:
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 {919}733-4026.
Sincerely,
Y
-4,t 74�
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet I
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535,N%4)C
FAX [phone]
Raleigh, North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

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:'� - _JAMES' B. 1"I UNT.JR...iF.
GOVERNOR
_ .BILL HOLMAN-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DiviSION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 14, 2000
Billy Butler
1605 Beluoir School Road
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820533
Billy Butler Farm
Facility No. 82 - 533
Sampson County
Dear Mr. Butler:
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.
On February 2, 2000, staff from the Fayetteville Regional Office of the Division of
Water Quality performed an inspection of the Billy Butler swine facility located in
Sampson County. The inspection revealed that the freeboard level of the lagoon was
approximately 10 inches, which was determined to be less than the minimum required in
the General Permit for this facility. Please be advised that your General Permit condition
III.6.e states that "`Elle Permittee shall report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of any of the following events: (e) Failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in Condition
V(3) of this General Permit,". Based on the liquid level observed and by failing to report
the level as required in your Permit, it has been determined that you are in violation of
your General Permit. It was also observed that the facility was irrigating and wastewater
was ponding and freezing in the spray field.
The Division of Water Quality requests that the following items be addressed:
1. If not already accomplished, lower the lagoon level to the required freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or your
Permit in a manner that is consistent with your CAWMP and your Permit.
2. Please provide specific actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the General Permit.
am
225 GREEN STREET, SUITE 714 / SYSTEL BLD- FAYETTEVILLE, NORTH CAROLINA 28301-5043
pHoNE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / APPIRMATIYE ACTION EMPLOYER - 50% RECYCLSO110% POST -CONSUMER PAPER

Page 2
Billy Butler Farm
March 14, 2000
3. Perform a more detailed and thorough inspection of the spray field conditions to determine if the field
is suitable prior to waste application.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked 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.
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for these
violations. 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 an explanation for these violations that you wish to present to this office please forward
a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before March
24, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement
is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery
Brown, Environmental Engineer or myself at [phone].
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Howard Hobson - Carroll's Foods, Inc.

NORTH CAROLINA DEPARTN[EN T Or
ENVIRONMENT AND NATURAL, RESO;..1RcEs
.K. �
ENDIVISION OF 'WATER QUALITY
F'AYE:TTEVILLE FtEtil0lVAl OFriC:
Dear Mr. Butler:
On August 3, 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed a review of the Billy Butler Farm in
Sampson County. The review revealed that there was over application of
nitrogen to the small grain crop on three pulls by seven, eleven and twenty-
seven pounds. It was also noted that waste application rates exceeded the one
inch maximum per aplication. These deficiencies were referred to the Division
of Water Quality, as required, By The Division of Soil and Water.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Avoid over application of nitrogen in the future.
2. Keep the per application amount at less than one inch..
Please provide this office with a written response, by November 7,
2000, as to the actions taken, or proposed to be taken, to resolve the
deficiencies noted. Nothing in this letter should be taken as absolving this
facility of the responsibility and liability of any violations that have resulted or
may result from these deficiencies.
225 GAEEN STREET, SUITE 714 / SYSTEL BLD, FAYETTEVILLE, MORTM CAROLINA 35301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYAR - 50% RECYCLED/10% POST-CONSUMEF+ aA'F.R
,('-,'`•.-JAM S... 1'i UNIT JR „-�
October 20, 2000
yF"i.�.•GQVGRNQR;•'� 5
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CERTIFIED MAIL
. ti.
;,.8'r<� HOLM""'
RETURN RECEIPT REQUESTED
=�'SECFi£TARY '
Mr. Billy Butler
1605 Belvoir School Rd.
A
°,w::KERe 37CVEH�3�ii'
Clinton, NC 28328
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Subject: Notice of D eficiency
4
Administrative Code 15A NCAC 2H 0217
.
Billy Butler Farm
Facility No. 82-533
A°; . _A- ,.
Sampson County
Dear Mr. Butler:
On August 3, 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed a review of the Billy Butler Farm in
Sampson County. The review revealed that there was over application of
nitrogen to the small grain crop on three pulls by seven, eleven and twenty-
seven pounds. It was also noted that waste application rates exceeded the one
inch maximum per aplication. These deficiencies were referred to the Division
of Water Quality, as required, By The Division of Soil and Water.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Avoid over application of nitrogen in the future.
2. Keep the per application amount at less than one inch..
Please provide this office with a written response, by November 7,
2000, as to the actions taken, or proposed to be taken, to resolve the
deficiencies noted. Nothing in this letter should be taken as absolving this
facility of the responsibility and liability of any violations that have resulted or
may result from these deficiencies.
225 GAEEN STREET, SUITE 714 / SYSTEL BLD, FAYETTEVILLE, MORTM CAROLINA 35301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYAR - 50% RECYCLED/10% POST-CONSUMEF+ aA'F.R
A
.4
Dear Mr. Butler:
On August 3, 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed a review of the Billy Butler Farm in
Sampson County. The review revealed that there was over application of
nitrogen to the small grain crop on three pulls by seven, eleven and twenty-
seven pounds. It was also noted that waste application rates exceeded the one
inch maximum per aplication. These deficiencies were referred to the Division
of Water Quality, as required, By The Division of Soil and Water.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Avoid over application of nitrogen in the future.
2. Keep the per application amount at less than one inch..
Please provide this office with a written response, by November 7,
2000, as to the actions taken, or proposed to be taken, to resolve the
deficiencies noted. Nothing in this letter should be taken as absolving this
facility of the responsibility and liability of any violations that have resulted or
may result from these deficiencies.
225 GAEEN STREET, SUITE 714 / SYSTEL BLD, FAYETTEVILLE, MORTM CAROLINA 35301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYAR - 50% RECYCLED/10% POST-CONSUMEF+ aA'F.R

Mr. Butler
10-20-00
Page 2
If you have any questions regarding this matter, please do not hesitate to contact myself or
Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
�j
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DS WC Fayetteville Office
Dennis Ramsey -Compliance Group
Central Files - Raleigh

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JAMESE B'FIUNT Fr-'
GOVERNOR
kµBILL HOLMAN'
�- EG R ETARY
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 14, 2000
Billy Butler
1605 Beluoir School Road
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820533
Billy Butler Farm
Facility No. 82 - 533
Sampson County
Dear Mr. Butler:
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.
On February 2, 2000, staff from the Fayetteville Regional Office of the Division of
Water Quality performed an inspection of the Billy Butler swine facility Iocated in
Sampson County. The inspection revealed that the freeboard level of the lagoon was
approximately 10 inches, which was determined to be less than the minimum required in
the General Permit for this facility. Please be advised that your General Permit condition
I11.6.e states that "The Permittee shall report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of any of the following events: (e) Failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in Condition
V(3) of this General Permit.". Based on the liquid level observed and by failing to report
the level as required in your Permit, it has been determined that you are in violation of
your General Permit. It was also observed that the facility was irrigating and wastewater
was ponding and freezing in the spray field.
The Division of Water Quality requests that the following items be addressed:
1. If not already accomplished, lower the lagoon level to the required freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or your
Permit in a manner that is consistent with your CAWMP and your Permit.
2. Please provide specific actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the General Permit.
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE13/10% POSTCONSUMER PAPER

Page 2
Billy Butler Farm
March 14, 2000
3. Perform a more detailed and thorough inspection of the spray field conditions to determine if the field
is suitable prior to waste application.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked 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.
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for these
violations. 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 an explanation for these violations that you wish to present to this office please forward
a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before March
24, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement
is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery
Brown, Environmental Engineer or myself at [phone].
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Howard Hobson - Carroll's Foods, Inc.
r,�