820536_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qua
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}' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE'
DIVISION OF WATER QUALITY
August 18, 1998
F.J. Faison
P.O. Box 856
Warsaw, NC 28498
SUBJECT: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Sonny Gold / Sonny Swine
Facility No. 82 - 586
Sampson County
Dear Mr. Faison:
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 August 7, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality conducted a routine inspection of the Sonny Gold / Sonny Swine
facility in Sampson County. It was observed that there was some erosion on the
inside slopes of the lagoon at the Sonny Gold farm. It was also noted that the
inside and backside slopes of the lagoons on both farms need to be mowed. This
facility was permitted on May 6, 1998, however the farm was not maintaining
weekly lagoon levels as required by the general permit. It was noted from the
review of the irrigation records that the small grain over seed had been over
applied on by an excess of 30 to 85 pounds of plant available nitrogen (PAN) in
some areas. The Certified Animal Waste Management Plan (CAWMP) was
revised in April of this year. One of the fields that was originally in the CAWMP
was taken out. However, the field was still used for waste application. According
to the CAWMP before it was revised cotton was the crop to be grown in this field,
225 GREEN STREET, SUfTE 714, FAYETTEVILLE, NORTH CAROLINA 28301 •S049
PHONE [phone]t FAX [phone]
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Page 2
F.J. Faison
August 18, 1998
however sweet potatoes were present at the time of inspection. Therefore, this was a violation of the
original CAWMP before it was revised. Irrigation records showed waste application on this field in
June. If this is the case, it appears that waste may have been applied on the sweet potatoes after they
were planted which is also a violation of CAWMP. The updated CAWMP includes an additional field
that does not contain an irrigation system.
The Division of Water Quality requests that the following items be addressed:
1. Establish a suitable grass cover on the inside slopes of the lagoon on the Sonny Gold farm to
prevent further erosion.
2. Mow the inside and backside slopes of the lagoons on both farms to prevent rodents from causing
any type of structural damage and so that each structure can be frequently inspected for seepage.
3. Need to record weekly lagoon levels since this is a requirement of the general permit as required
in section IIl (2).
4. Comply with the CAWMP when applying waste using the correct PAN rates as listed for each
crop depending on the soil types for the field. Only apply waste on the fields listed in the CAWMP
being certain that the correct crops have been planted in each field according to the CAWNIP.
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 September 4, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. Jeffery Brown, Environmental Engineer, at [phone].
Art
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
ihj Regional Supervisor

: N
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 21, 1998
C—ERTWMD MAIL
RETURN RECELPT REQUESTED
Doug Norris -
193 Nathan Dudley Road
Clinton, NC 28328
SUBJECT:. NOTICE OF DEFICIENCY
Doug Norris Farm
Registration No. 82 - 536
Sampson County
Dear Mr. Norris:
On September 22, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Doug Norris Farm swine facility. It was
noted from the review of the irrigation records that the small grain over seed had
been over applied on by an excess of 69 pounds of plant available nitrogen (PAN)
in some areas. It was also noted that the facility was failing to take a waste sample
from the lagoon 60 days prior or 60 days after pumping as required by the certified
animal waste management plan (CAWMP).
In regard to the deficiencies noted during the inspection, the following actions
are requested:
I. Comply with the Certified Animal Waste Management Plan (CAWMP) when
applying waste using the correct PAN rates as listed for each crop depending on
the soil types for the field -
2. Take a waste sample from the lagoon 60 days prior or 60 days after pumping
to be in compliance with the CAWMP.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX 91 O -4a6-0707
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Page 2
Doug Norris Farm
October 21, 1998
Please provide a written response to this office on or before November 20, 1998 regarding
corrective actions taken or planned. 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 call Jeffery Brown, at [phone].
Sincerely,
R /
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Wilson Spencer - Sampson Co. NRCS
Glenn Clifton - Prestage Farms

November 13, 1998
Jeffery Brown
Division of Water Quality
Fayetteville Regional Office
NC Dept. of Environment and Natural Resources
Suite 714, Wachovia Bldg.
225 Green Street
Fayetteville, NC 28301-5043
Subject: Response to Notice of Deficiency
Doug Norris Farm
Registration No. 82-536
Sampson County
Dear Mr. Brown:
Ficci t
E
NOV 17 1998
PEG p-lLLE
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My farm was inspected by your office on September 22, 1998. It was noted at
that time that I had over applied nitrogen to my small grain over seed by 69
pounds. As you may know last winter was a very wet one with over 30 inches of
rain fall during the winter months. Although I did over apply nitrogen to the rye
crop, I did not exceed my annual allotment of 400 pounds.per acre. At the same
time it was also noted that I had an outdated waste analysis for my lagoon. Our
county extension agents provide this analysis service twice a year, but for some
reason I was not notified of the date to submit the second sample.
In order to correct the deficiencies noted during the inspection, the following
corrective actions will be taken:
In order to comply with the CAWMP I will more closely monitor
lagoon levels prior to the winter months to avoid the necessity of
over application.
2. Starting in January of 1999 Prestage Farms will be collecting lagoon
samples for analysis on a quarterly basis. They will provide this
service for all contract sow farms thereby eliminating the before
mentioned problem.

I hope these corrective actions will be sufficient.
Sincerely,
C
Doug Norris
Owner -Manager

State of North State of North Carolina
Department of Environment ffl:X;WA
and Natural Resources 4 •
Division of Water Quality RECEIVE
liii=
James B. Hunt, Jr., Governor 'AUG J p 20 D C N p
R
Bill Holman, Secretary C
Kerr T. Stevens, Director F YE17EVI# E
REG. OFFiGE
August 25, 2000
MR. BILLY BUTLER
BILLY BUTLER FARMS
1605 BELOUIR SCHOOL ROAD
CLINTON, NC 28328
SUBJECT Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # PC 00-015
Sampson County
Dear Mr. Butler:
This letter is to acknowledge receipt of check No; 635 for $2,170.72 was
received on August 25, 2000.
You have now paid in full toward the subject assessment. 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 about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
eff Poupart
/_L_JNon-Discharge Branch
Sutw
cc: Fayetteville Regional-Office4
Enforcement Files PC 00-015
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor RECEIVED
Bill Holman, Secretary
Kerr T. Stevens, Director AUG i 200Q
BELLY BUTLER
1605 BELUOIR SCHOOL ROAD
CLINTON, NC 28328
Dear Mr. Butler:
Rp�EG�
1 � •
NCDENR
NORTH CAROLINA pEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 2, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
Billy Butler Farm
Permit AWS820533
Sampson County
File No. PC 00-015
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $2170.72.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your check
pavable to the Department of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Joe Albiston
NCDENR
DWQ -
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
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Location:
512 N_ Salisbury St.
Raleigh, NC 27699-1617

! -1
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. You
may present your request for remission to the committee and a representative from the Division of
Water Quality will present the case against remission. The Committee on Civil Penalty Remissions
will render a final and binding decision in accordance with NCGS 143B -282.1(c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Joe Albiston at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on October 4, 2000: If you are unable to attend on this
date, your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Joe
Albiston at [phone], extension 581, if you have any questions.
Sincerely,
tTorc-,�
'
.. Stevens
cc: Paul Pawls, FRO Regional Supervisor
File # PC 00-015
Central Files
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Afftrmative Action Employer
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Location:
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor R --Bill Holman, Secretary
Kerr T. Stevens, Director
BILLY BUTLER
1605 BELUOIR SCHOOL ROAD
CLINTON, NC 28328
Dear Mr. Billy Butler:
A dg �Mft N 0 �00 0 9 MLI
'.V,,NCDENR
H CAROLINA DEPARTMENT OF
444waaamro'MENT AND NATURAL RESOURCES
JLIN 2 1 2000
FAY�EVILLE
RFC. OFF1CF
June 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Remission Request
Billy Butler Farm
Farm #: 82-533
Sampson County
File PC 00-015
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on
August 2, 2000 and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 581.
Sincerely,
Joe Albistan
Non -Discharge Compliance & Enforcement
cc: -PaUt'Riwts; FR-0=Regional=Supervisar-w/attachment
Jeffery Brown, FRO Regional Office w/attachment
Central Files w/attachment
File # PC 00-015 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. enr. state. nc us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BILLY BUTLER
BILLY BUTLER FARM
1605 BELUOIR SCHOOL ROAD
CLINTON, NC 28328
Dear Mr. Billy Butler:
*;A
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Ad
NCDENK
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NASuRAL RESOURCES
May 23, 2000
RECF
lv,�D
2000
FAYETTEVILLE
REG. OFFICE
SUBJECT: Assessment of Civil Penalties
for Violation of Conditions of
Waste Permit AWS820533
Farm 82-533
Sampson County
File No. PC 00-015
This letter transmits notice of a civil penalty assessed against Billy Butler Farm in the
amount of $2170.72 including $170.72 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address. Telephone [phone] Location_
1617 Mail Service Center Fax [phone]I2 N. Salisbury St_
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Ratei-h, NC 27599-1617
An Equal Opportunity/Afrniative Action Employer
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Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
M'
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; 4
(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. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
!'
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
67I4 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
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. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Region al- Supervisor, wtattachrnents-
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document_
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-015
IN THE MATTER OF )
BILLY BUTLER )
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF THE GENERAL PERMIT } 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. Billy Butler owns and operates the Billy Butler Farm, a swine operation in
Sampson County.
B. Billy Butler obtained a Certificate of Coverage AWS820533 under General
Permit AWG 100000 on March 29, 1999, effective March 29, 1999, with an
expiration date of April 30, 2003.
C. Condition No. V. 3. of the "General Conditions" of the issued permit states in part
that "The maximum waste level in lagoons/storage ponds shall not exceed that
specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste Ievel for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25 -year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
D. The CAWMP for Billy Butler Farre requires that the waste level in the lagoon
does not exceed twenty four (24) inches.
E. Condition No. Ii.I. 6. e. of the "Monitoring and Reportina Requirements" of the
issued permit requires 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 failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

F. DWQ staff from the Fayetteville Regional Office inspected the Billy Butler Farm
on February 2, 2000 and observed that the waste level of the lagoon was ten (10)
inches which exceeded the level specified in the CAWMP.
G. The Fayetteville Regional Office had not received notification from Billy Butler
that the waste level exceeded the level specified in the CAWMP.
H. The costs to the State of the enforcement procedures in this matter totaled
$170.72.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Billy Butler is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4)-
B.
43-2I2(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Billy Butler violated Condition No. V. 3. of General Permit No. AWG100000 by
failing to maintain the liquid level in the lagoon at the level specified in the
CAWMP.
D. The above-cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoonlstorage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
111. 6. e. of the General Permit.
E. Billy Butler may be assessed civil penalties 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 who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Billy Butler
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:
Billy Butler is hereby assessed a civil penalty of:
$ A000. O o _ for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ 170.72
for violating Condition No. III. 6. E. of the General Permit by
to report by telephone to the appropriate Regional Office as
soon. as possible, but in no case more than 24 hours following
first knowledge of the occurrence of failure to maintain
storage capacity in a lagoon/storage pond greater than or equal
to that required in Condition No. V. 3
TOTAL CIVIL PENALTY, which is ja_ percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
-23 moo �L IS -Z
(Date) Kerr T. Stevens, Director
Division of Water Quality