820683_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
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
.Bron Thompson
Thompkenn N-2
PO Box 901
Warsaw NC 28398
Dear Mr. Thompson:
April3, 1997
AVA
DEHNR
RECEIVED
APR 0 7 19911
FAYETTEVILLE
REG. OFFICE · ..
SUBJECT: Notice of Violation
Designation of Operator in Charge
Thompkenn N-2
Facility Number 82--683
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 thatletter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Fonn 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 ques tions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
bb/awdeslet 1
cc: · Fayetteville Regional Office
F~cility File
Enclosure
P.O. Box 29535.
Ral eigh. No rth Carolina 27626-0535
Tele pho ne 919-733-701 5
Sincerely,
~ 1). 'ht~ 1i1:.,_,
for Steve W . Tedder, Chief
Water Quality Section
FAX [phone]
An Equal Opportunity 1 Affirnative Action Employer
50% recyc!es/lO% post·consume r p aper
• I ' • •.•
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt. Jr .. Governor
Jonathan B. Howes. Secretary
DIVISION OF WATER QUALITY
September 29, 1997
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Mr. Bron Thompson
P.O. Box 901
Warsaw, NC 28398
Dear Mr. Thompson:
-~ ---... ~-. -
SUBJECT: NOTICE OF DEFICIENCY
Thomkenn N-2 Farm
Registration No. 82-683
Sampson County
On September 26, 1997, staff from the Fayettevi11e Regional Office ofthe Division ofWater
Quality inspected the Thomkenn Farm facility. It was observed that several areas of the lagoon
· liner had eroded and required immediate repair to prevent a potential discharge.
In regard to the deficiencies noted during the inspection, the following actions are requested:
I. Contact a technical specialist for assistance in regard to repair of the lagoon liner and to
certifY that the repair complied with NRCS standards for lagoon liners. The establislunent of a
cover grass will assist in erosion control until the lagoon has reached the normal operating level.
Please notifY this office in writing by no later than October 29, 1997 as to the actions taken or
proposed to be taken to resolve this deficiency. 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.
Wac hovio Building. Suite 714. Fayette ville
North C arolina 28301-5043
Voice 91Q-486-1541
FAX 91Q-486{)707
An Equal Opportunity Affirmative A c tion Employer
50% recycled/10% post-consumer paper
.:·. , '
If you have any questions concerning this matter, pJease call Bob Heath at (91 0) 486-I 541.
cc: Operations Branch
CentraJ Files
Audrey Oxendine -FRO DSW
WiJson Spencer -Sampson Co. NRCS
Howard Hobson-Carroll's Foods, Inc.
SincereJy,
Robert F. Heath
EnvironmentaJ Specialist
I f,' tt:.'. ~·
if-·.
.. ~
BILL HOLMAN
SEC:ItETARY
\!,
i . ~
DIRECTOR .
..
... _.-· .. ....:.~ .... ~ ...
·-• ••• ! ....
.• .'_ ·""
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
'· HAND DELIVERED (FORM B)
TO : ___ ~-~~o_--_k~;-~-~--~~-=~'~'~------~--
BY :~/:~ ~------~~~~------------------DWQ Representative
TIME /2 : oO
For facilities that are identified with waste in their lagoon(s) below the level required to be
maintained for structural stability but not adequate to also retain the 25 ye;r, 24 hour rainfall even (typically
12-19 inches):
1. The producer will be required to submit a plan of action within 48 hours to lower and maintain the
lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour
rainfall event. The plan should be forwarded to the Fayetteville Regional Office:
Division of Water Quality
225 Green Street-Suite 714
Fayetteville, NC 28314
Phone: [phone] Fax : [phone]
2. DWQ can not and will not condone any discharge of waste from the facility to the surface wate·rs
as part of the management plan .
3. • DWQ can not and will not condone the lard application of waste at levels above that specified by
the facility's CAWMP or in violation of any other part of the CAWMP.
4. The producer should consider pump and haul to another facility , that can adequately manage the
waste in accordance with its CAWMP, as part of their plan .
5. If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below
that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or
before the lagoon level is projected to rise to a level above that required for structural stability if
less than 30 days) without the removal of animals from the facilities, then llmOval of animals must
be a component of this plan . The number of animals removed must be to a level .at which the
producer can adequately demonstrate the ability to manage the lagoon level below the level
needed for both structural stability and the 25 year, 24 hour storm event.
NOTES: Lagoon Levels
22.5 GRI!:I!:N 8TRI!:ET, SUITE 714 I 5YSTI!:L BLD. FAYIETTEVILLE, NORTH CAROLINA 28301·5043
PHONt: 810·486-1541 FAX 910·486-0707
AN EQUAL 0Pf'ORTUNITY I -"FFIRMATIVE ACTION EMf'LOYER -50'!(. RECYCLlDI10'J(. POST·CONSUMt:R f'APER
CERTIFIED MAIL
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 14, 2000 ·
RETURN RECEIPT REQUESTED
Mr. Eugene C. Thompson, IV
P.O. Box 901
Warsaw, NC 28398
SUB.JECT: NOTICE OF VIOLATION
Dear Mr. Thompson:
Notice ofRecommendation for Enforcement
Pennit No. A WS 820683
Thompkenn Farm # 2
Facility No. 82 -683
Sampson County
You are hereby notified that, having been pennitted 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 Pennit.
On February 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality perfonned a routine inspection of the Thompkenn Farm
# 2 in Sampson County. During the inspection, it was observed that the facility had
irrigated in the recent past and wastewater was ponding in the spray field. An
investigation of the spray field identified waste entering an adjacent ditch and
flowing into Goshen swamp which is Class "C SW' waters. It was then
reconunended to an employee, a fann worker, to contact Mr. Thompson and begin
emergency measures to include the construction of an earthen berm in the ditch to
prevent additionaJ wastewater from entering the stream. ·
The Division ofWater Quality requests that the following items be addressed :
1. Provide a detailed explanation as to why the runoff from the application
field occurred.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX 91 0 ·486-0707
AN EQUAL OP .. ORTUNITY I A>'I'"IRMATIVE ACTION EMPLOY ER -50% RECY C LED/I 0% POST-CONsUMER PAPER
Page2
Thomkenn Fann # 2
March 14, 2000
2. A more detailed and thorough inspection of the irrigation system along with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to
prevent the future release of wastewater.
3 . Immediately evaluate and determine what corrective actions can be implemented to prevent
wastewater from entering the ditch in the future.
Failure to comply with the above conditions may result in the facility 's General Pennit 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. Furthermore, the
Division ofWater Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
You are hereby notified that based on the above information the Fayetteville Regional
Office of the Division of Water Quality has no choice but to consider sending recommendations
for enforcement action to the Director of the Division of Water Quality. The recommendation
concerns the violation ofNorth Carolina General Statute 143-215.1 for discharging wastewater
into the surface waters of the State from a non-discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed· explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before March 24, 2000. A copy of this response will also need to be submitted to
the following :
Mr. Steve Lewis
NCDENR
DWQ
16 I 7 Mail Service Center
Raleigh, North Carolina 27699-1671
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 .
. . ~' .
PageJ
Thomkenn Fann # 2
March 14, 2000
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Robert Heath, Environmental Specialist or myself at [phone].
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 Foodst Inc.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
·. f?;IS4:._ .~· C. THI:tflSCN, I I I , p C fEB 04 · ~ . ~~. n:r ~·. """":-~--. . . FA>: t-IJ. : 9113 293 7171
Division of Water Quality
225 Groea Street-Suite 714
FayatteYiiJe, NC 28314
Subject : Plan of Aedon
Name: /3r"" 71--.a .~esp,.
Fann Name: TheNKr>-~1 F.::,..L,..t fit.
Facility No : ~ l-·· h 7 3
Addreu : P.lh f3,.x l16 / ../J.ct cre·u /.t( Z8'J:Y
Pbonc: 5to/ Zl1>{. 3tZ-H r ,
Feb. 07 2000 08:10AM P2
Checked below are the items to be curied out on the above farm:
1. Chedc inside and · outside ofbuildinp fot water leakap and
water uaaae ..
2. Repair and adj\111 any problems conceming excesa water.
3. lnapect benns uound the lagoon(s) to make sure that
water is not entering the system. Repairs will be made
where prob (ems are identified.
X 4. RrMcw flushing and pit ~eeharge schedules . Reduce
flushing and pit recharges where possible.
X S. Closely monitor the soakin1 aod clean-out of buildings
between herd placements . Reduce time and amount of
water usage as much u posaible .
X 6. Check the moisture levels and crop conditions in all
spray fields. Utilize appli~ons on winter coY« crops
~ording to CW AMP (original or amended).
7. Utilize tbe ;30 day prior to plaating practiec on those fields
to be planted in row crops.
. FRl.;._E. C. THOMPSON, I I I, P. C. FAX NO.
'' · .,. t tB 84 ·~ ~·O<tr~'. ~--~ ~ · ----910 293 7171 F~b. 0 7 2000 08 :11AM P3
1. Rmew CW A'MP and bepn sprayinJ oa coastal bermuda as
soon as plan allows (follow all replatioll$ re: nmoft).
I
9. Obtain required permission trom adjacent landowner to
spray on desipated fields. Amend the CW ANlP before
any fields not currently on the CW AMP are utilized .
___ 1 o. Investipte the feasibility of installina pressure reducers
on water lines.
X 11 . Aerate soils to improve absorptiolliDd reduce potential for .
runoff.
AdditioD&l practices to be used:
l
L)d/ ce -pi~~! · r yt. In fi~ lir i111 ,.,;1.~"-6
+o pt.l ~"~ on . I ~._, u ,A.f.u c~t-1 1,1J.~ _d.-r!
• ad k~· wsJL
v j.
LJ s (I Jrf ; c$"9itD lend La t~1T exii,J.,
_t::t")c:~,lc;:;kJ tx,ku.
s· .. ~~. ~~-JP ~ Dale t-/'/, . ~-~Gt,.. -r
7 "' .,~
I r v ,
L~ :s~~FilaCIT .,.. &:; g~qo~ s,.A. ~ 2-AC~£S
~~-:;2..7, Jsz. ~ X 2-:. 54-. ??.H/tiL _ ~~--~ . -\2-__:~ Hoc.l~
~56,,,._ ,, ... ,
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RECEiVED
MAR 2 0 2000
FAYE II EVILLE
REG. OFFICE
ThompKenn Farms, Inc.
Mr. Paul E. Rawls
Regional Water Quality Supervisor
225 Green Street Suite 714
Fayetteville, N.C. 28301-5043
Dear Mr. Rawls:
P.O. Box 901
Warsaw, N.C.
March 17, 2000
This is to acknowledge the receipt of your letter dated March 14, 2000 in reference to the notice
ofviolation for ThompKenn Farms, #2, Permit# AWS 820683, Facility# 82-683.
It is with a great deal of embarrassment that we were found to be in violation. My family has
great respect for the environmental laws and regulations and for the purpose for which they have
been enacted. We have tried to diligently comply with these regulations in respect for our
neighbors, and to the land which was given to us by my mother's family.
By way of explanation, I can only say that notwithstanding our efforts to comply with these
regulations we simply did not recognize the fact that the water table had risen to the extent that
the spraying caused any run off As you know the saturation was caused by the several hurricanes
which caused record flooding in eastern North Carolina in the fall, and the tremendous snowfall in
January. Our focus was keeping the lagoon at an appropriate level which we did notwithstanding
the circumstances.
On the day in question, we were unaware and unsuspecting of any runoff. We took the
appropriate steps as soon as we were made aware of the runoff. To remedy the situation, we
immediately filled in the washout area; also, to ensure that no more runoff would pccur we
aerated spray fields, and continued spraying iri fields that were not dose to ditches. Furthermore
we now are monitoring the spraying much more frequently. At present, my brother and I are
licensed operators under the N.C. Water Pollution-controLSyst~e planning to have our
farm manager licensed as quickly as possible to increase the efficiency and length of spray time.
Because of our concern and embarrassment over this incident I have decided to relinquish my job
as Director of Athletics at Harrells Christian Academy to work full time at ThompKenn Farms.
My family has great respect for the regulations and great pride in maintaining our farm in the
highest manner. Please accept my sincere apologies for this incident.
-~·i ~rds,· ,, . . :tr
. . omp n, IV
ThompKenn Farms? Inc.
4
® Microbac Laboratories, Inc.
~~YETTEVILLE DIVIOION
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] I [phone] (FAX)
http://www .microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUfRACEliTICALS
CERTIFICATE OF ANALYSIS
cf~
'r::
NC #11 ~
NC #37714
USDA #3787
CLIENT: NC DENR -DWQ
ADDRESS: Wachovia Building, Suite 714
DATE REC'D: 02/29/00 SAMPLED: 02/29/00
SAMPLED BY: B. Heath
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Discharge Point -ID #OOWE21417
2. Downstream -ID tOOWD21418
3. Upstream -ID tOOWU21419
ANALYSIS METHOD
DELIVERED BY: H. White
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Thompkins #2
1 2 3
******************************************************************************************
BOD (mg/L)
COLIFORM, FECAL (per 100 m.l)
NITRATE (mg/L)
EPA 405.1
SM18 9222D
EPA 353.3
37.0
5100000
<LO
24.6
530
1.26
c<MfD1'l'S: < Less than
> = Greater than
RECEIVED
t.IAx 2 4 2000
FAYETTEVILLE
REG. OFFICE
PAGE 1 OF 1
The data and other information contained on this, and other accompanying documents, represent only the
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
7.29
>188000
2.65
. ThompKenn Farms, In~. i
PO Box 901
Warsaw, NC 28398
Bob Heath
Suite 714, Wachovia Building
Fayetteville, NC 28301-5043
Dear Bob Heath,
~~-
?\~a.~ t:.... Lo~ c-..
\=:\L~--"'~(" \
RECEi\/~~ber 11,2000
OCT 1 6 2000
FAYEITEVILLE
REG. OFFICE
Per my telephone call to you back in the last week of September, the lagoon at
~om.pJ\et,m F8!JDS, Inc. house~~-12 was "in the red", at a level ofappro~tely 18".
Vfe tJ.ad just experienced several days of heavy rain measwing about 1 0". ·~-of~~
fewdays :rarer~we-pumped that Iagoondown.tO an acceptablelevelof20". Now as of
(October 11, 20oo, thaflagoon levelhas been reduced t0 -32~. We will still lower the level
of that lagoon even more in the next few days.
We have since increased our lagoon management practices in several different
capacities. Firstly, we have purchased another reel that will operate when weather and
ground saturation permits to help reduce lagoon levels at a more efficient rate. Next, we
hired another employee that will help with daily tasks that the farm demands. Increasing
our manpower will allow constant supervision of lagoon levels and pumping operations.
Also, we have made arrangements to plant rye as our cover crop for the winter months. It
will be planted within one week.
In a continuing effort to adhere to environmental regulations, I expect you to find
that these changes in ThompKenn Farms' operations will in fact lead to better overall
farm performance, especially with lagoon management.
BT
Respectfully,
~~
Bron 1hompson
ThompKenn Farms, Inc.
#
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(IOO!)VJ
tF= @ ' ~ [ J
~~ ~
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t < .A
NCDENR
North Carolina Department of Environment and Natural Res ources
Michael F. Easley, Governor William G. Ross Jr., Secretary
Gregory J. Thor pe, Ph.D.
CERTIFIED MAIL
RETUR..t~ RECEIPT REQUESTED
ThompKenn Farms, Inc.
Mr. Bron Thompson
Post Office Box 90 1
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
ThompKenn #2, Houses 9-12
September 10, 200 I
Facility No. 82-683 Permit No. A WS 082683
Sampson County
Dear Mr. Thompson:
Acting Direc tor
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 1 SA NCAC 2H .0217, you have been found to be in vi olation of your 2H .02 17
Permit.
On September 4 , 2001, staff from the Fayetteville Regional Office of the D ivis ion of Water Quality
performed a routine compliance inspection of the referenced facility in Sampson County. During that inspection
it was noted that the irrigation fields were predominately competition weeds rather than the coastal bermuda
required by the farm's WUP. Also, there are several low areas in the spray fie lds that facilitate standing water and
competition weed grow1h. It was also noted that the tRR-2 forms are not being calculated u sing the wetted acres
determined in the irrigation design performed by Floyd Adams.
On August 30, 2001, you or staff from your farm notified the Fayettevill e Regional Office of the Division of
Water Quality that the freeboard level of the lagoon was less than the minimum (approximately 18 rn ches)
required in the General Permit for this facility. Failure to maintain storage capacity in a lagoon/storage pond
!,'Teater than or equal to that required is a violation of your General Permit.
The Division of Water Quality requests that the following item(s) be addressed:
1. Maintain lagoon freeboard at or below the compliance boundary of 19 in ches.
2. Continue to work on weed control in the irrigation fields and establish the required crop. Contact Samps on
County Soil and Water to assist with low areas of the spray fields.
3. Submit corrected IRR-2 forms using the wetted acres as determined by irrigation design.
225 GREEN STREET-SUITE 714 I SYSTEL BUILDING I FA YETTE VIL!.E, NC 28301-5043
PHONE [phone] FAX [phone] \VWW.ENR.ST ATE .r-;;UJS /ENR/
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER-50"1. RE CYCLED/10% POST CONSUMER PAPE R
DENR TOLL FREE HOTLINE: [phone]
Mr. Thompson
9-10-01
Page 2
Failure to comply with the above conditions 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 Wa ter Quality h as the
authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before September 24, 2001 as to the actions taken
or proposed to be taken to avoid these situations in the future. If you have any questions concern ing this matter,
please do not hesitate to contact Paul Sherman, Environmental Engineer. or myself at (91 0) 486-1541.
Sincerely, _.-1/7 /./--' . : / ~-----
\ < ~---
MPS:PR/mps
Cc: Sonya Avant-Compliance Group
Trent Allen-DSWC Fayetteville Office
Dawn Williamson-Murphy-Brown, LLC
Wilson Spencer-Sampson Co. NRCS
Central Files-Raleigh
Paul E. Rawls
Water Quality Regional Supervisor
' '
. ,_·,.
Type of Visit ®Compliance Inspection 0 Operation Review 0 Lagoon Evaluation
Reason for Visit .®Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other D Denied Access
l----------~----W~----~_. ____ -_]_. Uare of Visit: ~ Facility Number 82 11 683 __
9/4/2001 J Time: I 11:30 · I Printed ou: 9/6/2001
lo Not Operational 0 Bdow Threshold I
Bl Permitted II Certified D Conditionally Certified D Registered Date Last Operated or Above Threshold: ....................... .
Farm Name: Ihonmk~Jm.#l •. H~w.e.s .. 9..~1.2.................................................................. County: S.aJXnmm ........................................ .-.. FRO ........... ..
Owner Name: ................................................... Tlto.mp.k.e.nn.F.i.\r.mli............................... Phone No: 9.l0::2.9.3:-:.3.lH ... 9..1.0::5.9.~.:129.6 ........................... .
'Jailing Address: P.O .. B.QX .. 9.0.l... ......................................................................................... Witf.$.:Arf ... ~.C. ......................................................... ~8.3.9.8 ............ ..
Facility Contact: 1\nm.Iho.umso.n ........................................... Titlc: Q:wner... ............................................... Phone No: ................................................. ..
0 nsi te Rep res en tat i ve: B.r.on .. & .. K(n.Illo.m!l'HW......................................................... I ntcgra tor: C.arn~lJ.::~.F.o.ods •. ln!:, .......................................... .
Certified Operat01·: E.ugen~ ................................... Ihonmso.n....................................... Operatm-Certification i\ umher:.l.811!1. ........................... ..
Location of Farm:
fake Sutton town exit off 1-40. Take SR 1720 Nl: approx. 2.0 miles, farm is approx. ZOOO'N. at end of field. Site is before Jet. ~
-··--..! of SR 1730 & 1721. ...-i ~--------------~~~~~==~~~~~~~~-~
181 Swine D Poultry 0 Cattle D Horse Latitude .__ _ _,!• ._I _-..JI' ~.-I _ ____.I" Longitude .__ _ _.I• LI_-..JI• I ·I·•
Design Current Design Current Design Current
Swine Capacitv Population Poultry Capacity Population Cattle Capacity Population
0 Wean to Feeder ID Layer I I I ID Dairy I I I
18:1 Feeder to Finish 3520 ID Non-Layer J 1 J ID Non-Dairy:l l I
0 Farrow to Wean
I 0 Farrow to Feeder jO Other I I
0 Farrow to Finish Total Design Capacity I 3t520 I 0 Gilts I I 0 Boars Total SSL\V 475,200
Number of Lagoons I 1 I jO Subsurface Drains Present jjD Lagoon Area ID Spray Field Area I
Holding Ponds I Solid Traps I I jO No Liquid Waste Management System I
Disch;~rgcs & Stream Impacts
I. Is any discharge observed from any part of the operation? DYes r8J No
DischJrge originated at: 0 Lagoon D Spray Field 0 Other
a. If discharge is observed, was the conveyance man-made? DYes 0No
b. If discharge is observed, did it reach Water ofthe State? (If yes. notify DWQ) DYes 0No
c. If discharge is observt:d. what is the estimated tlow in gaJ:min?
d. Does disch:Jrge bypass a lagoon system? (If yes. notify DWQ) DYes 0No
2. Is there evidence of past discharge from any part of the operation? DYes r8JNo
3. W e re there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'!
\Yaslc Collection & Trcalmcnt
DYes 18:1 No
4. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway
Identifier:
Freeboard (inches):
05/03101
Structure 1
18
Structure 2 Structure 3 Stmcture 4
181 Yes ONo
Structure 5 Stmcmre 6
Co11ti11lled
!Facility Number: 82 -683 lhrc of lnspt-l'li ou 9/4/2001 Printed o n: 9/6/2001
5. Are there any inunediate threat:; to the intt::grity uf any uf the: struc tures ubsc:rved? ( ic/ trees, severe erosion.
seepage, etc.)
6. Arc th ere stru ctures on-site which are not pro perly addressed andlor managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or emironmental threat, notify DWQ)
7. Do any of the strucrures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid leve l
elevation marking s?
Waste Applic:'ltion
I 0. Are there any buffers that need maintenancelimprovemenfJ
11. Is there evidence of over application? 0 Excessive Ponding D PAi\' D Hydraulic Overload
12. Crop type Coastal Bermuda (Hay) Small Grain O verseed
13. Do the receiving crops differ with those desi!:,rnated in the Certified Animal Waste Management Plan (CA WMP)?
1-l. a) Does the facility lack adequate acreage for land application ''
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre detennination?
15. Does the receiving crop need improvemt'nt?
16 . Is there a lack of adequate waste application equipment'?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily a va ilabl e?
IS . Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ic/ WUP. checklists , design, maps. etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design '!
21. Did the facility fail to have a actively certified operator in charge?
22. Fa il to notify regional DWQ of emergency situations as required b y General Permit?
(ie/ dischargt:, freeboard problems, over application)
23 . Did Reviewer/Inspector fail to discuss review/inspection with on-s ite repn:sentative?
24. Does facility require a follow-up vis it by same agency?
25 . Were any additiona l problems noted which cause noncompliance of the Certified A WMP?
D Yes
DYes
DYes
DYes
DYes
DYes
D Yes
jgJ Yes
DYr:s
DYes
DYes
L'8l y cs
DYes
DYes
D Yes
L'8l Yes
D Yes
DYes
DYes
D Yes
D Yes
DYes
IC ~ o Yiolations or deficiencies were "?ted during this 'Visit . You will receive no further correspondence about this visit.
Comments (refer to question #): Explain any YES answers and/or any. recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional 'pages as necessary): 0 Field Copy D Final Notes
-...
13-Need to have new WUP written to account for com crop no longer being planted and being sprigged in bermuda .
~No
~No
jgJ No
L8l No
L8l No
~No
L8l i\'o
D No
DNo
0No
0No
0 No
~No
181 No
181 No
D No
l8l No
181 No
181 No
L'8l No
181 No
181 No
15-Continue to work on weed control in the spray fields. Regular cutting and herbicide spraying s hould be established to promote good
bemtuda stand. Bemmda fields should be evaluated in the spring for resprigging.
19-Irr-2 forms need to be corrected to use wetted acres as determined by Floyd Adams irrigation design.
Re,·iewerllnspector .Name Paul Sherman
Reviewer/Inspector Signature: Date:
05103101 Continued
' .
\ ..
....
1-
-,.
. '["hci . Jacility_i\:umbcr: 82-68] Dare of Inspection 9/4/200] J Pdntcd on: 9/6/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
2 7. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s} noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
,.
·-,~·~:· ... , '~ ··}~,<:. Addi t!OnaJ (:'on1ments · ~n~/~_r:· Dnpymgs: · ·
ft-POA for high freeboard needs to be generated and sent to DWQ-FRO within 48 hours.
DYes
DYes
DYes
DYes
DYes
DYes
DYes
. -~~-· ..
Note-Wet areas in spray fields should be evaluated for actions that would promote better drainage and better bermuda stand.
05103101
0No
[81 No
181 No
[81No
18)No
181 No
0No
....
1-
Certified Mail
Return Receipt Requested
Mr. Robert Urell
Smithfield Foods Incorporated
200 Commerce Street
Smithfield, Virginia 23430
Subject: Non-Compliant Swine Facilities
Permit Number NC0078344
Bladen County
Dear Mr. Urell:
July 9, 2002
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
. ' I
.JUL I 2 2002
~~~---
Your NPDES permit number NC0078344 issued June 1, 1999 for the Tarheel Division facility, special
condition A(5) requires that the facility not purchase for processing any swine finished on a farm that has been
finally assessed a Civil Penalty pursuant to General Stature 143-215.6A for discharging animal waste to surface
waters or wetlands or overapplying waste. This prohibition shall remain in effect for twelve months from the
date of receipt of this letter.
The following farms have civil penalties finally assessed for discharging waste to waters of the state or for
applying animal waste in excess of the approved application rate:
Ronnie Hamilton
Hamilton Bros. Farm
473 Hog Heaven Lane
Dunn, NC 28334
Facility 43-8 Previously notified in December 11, 200lletter
John Hendrix Facility 82-323 Previously notified in December 11, 2001 letter
John Hendrix Farm
1585 Register Sutton Road
Rose Hill, NC 28458
Joshua "Jody" Coombs Fann
PO Box 612
Facility 82-621 Previously notified in December 11, 200_lletter
Clinton, NC 28328
Customer Service:
1·877-623·6748
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone [phone]
Fax[phone]
State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled I 10% post-consumer paper
http://h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
. . t
Thompkenn Farm #l Facility 82-19 Previously notified in December II, 200Iletter
PO Box 901
Warsaw, NC 28398
Thompkenn Farm #2 Facility 82-683 Previously notified in December 11, 2001 letter
PO Box 901
Warsaw, NC 28398
Travis Register Farm Facility 82-303 Previously notified in December I1, 2001 letter
PO Box 244
Turkey, NC 28393
Charles Wooten Facility 7I-69 Previously notified in December 11, 20011etter
Bear Ridge Farm
2850 NC Highway 50
Maple Hill, NC 28454
Pridgen Farm #4 Facility 7I-17 Previously notified in December II, 2001 letter
(formerly James B. Peterson Farm)
Sherry and Gary Pridgen
65 Horsebrand Rd
Burgaw, NC 28425
Mitche11 Norris Facility 9-39 Added
Mitche11 Norris #1 & #2
289 Turtle Cove
Elizabethtown, NC 28337
Vestal Farm
Mutphy Farms
POBox 759
Rose Hill, NC 28448
Belle Toler
Belle Toler Farm
2760 Aurora Road
Ernul, NC 28527
Knotty Pine Swine Farm
Randy Autry
3515 Bud Johnson Road
Clinton, NC 28328
Mag4
DMFarms
PO Box 1076
Rose Hill, NC 28458
Facility 3I-82 Added
Facility 25-22 Added
Facility 82-61 Added
Facility 82-77 Added
Squires Sow Farm
Murphy-Brown LLC
PO Box 759
Rose Hill , NC 28448
Brown's #29 and #93
Murphy-Brown LLC
PO Box 759
Rose Hill, NC 28448
Beaver Creek Farm
Mike and Robin Lackey
2425 Breeze Rd .
Hurdle Mills, NC 27541
Facility 9-26
Facility 9-153
Facility 68-3
Added (applying waste in ex cess of
approved rate)
Added
Added
If you have any questions regarding this notification , please contact Steve Lewis with the Non-Discharge
Compliance and Enforcement Unit at [phone], ext. 539.
Sincerely,
-5/~LJ.
./,.._..-Alan W. Klimek, P.E.
cc : Gene Stallings, Smithfield Packing
Non-Discharge Compliance and Enforcement Unit
Wilmington Regional Office
Fayetteville Regional Office
Washington Regional Office
Raleigh Regional Office
Central flies
NPDES Permit File
Certified Mail
Return Receipt Requested
Mr. Robert Urell
Smithfield Foods Incorporated
200 Commerce Street
Smithfield, Virginia 23430
Dear Mr. Urell:
Michael F. Easley
Governor
Winiam G. Ross Jr., Secretary
Department of Environment and Natural Resources
December 11, 2001
Subject: Non-Compliant Swine Facilities
Permit Number NC0078344
Bladen County
Gregory J. Thorpe, Ph.D.
Division of Water Quality
Your NPDES perrnit number NC0078344 issued June 1, 1999 for the Tarheel Division facility, special condition A(S)
requires that the facility not purchase for processing any swine finished on a farm that has been finally assessed a Civil
Penalty pursuant to General Stature 143-215.6A for discharging animal waste to surface waters or wetlands or
overapplying waste. This prohibition shall remain in effect for twelve months from the date of receipt _of this letter.
The following farms have civil penalties finally assessed for discharging waste to waters of the state:
Errol Quinn Farm
218 J.B. Stroud Rd.
Magnolia, NC 28453
Langley Farm/Clover M Farms, Inc.
PO Box 215
Sharpsburg, NC 27878
A. J. Huffman
612 Barbee Rd.
Richlands, NC 28474
Pork Chop #1
PO Box 267
Willard, NC 28478
R. M. Hayes Farm TDM #9
1646 Strickland Crossroad Road
Four Oaks, NC 27524
Donald Loomis
Blue Houses
230 Potters Hill Loop Rd.
Pink Hill, NC 28572
A.,.....A .. _
Facility 31-101 Previously notified in January 13, 2001 letter
Facility 33-24 Previously notified in February 23, 2001 letter
Facility 67-38 Previously notified in February 23, 2001 letter
Facility 31-425 Previously notified in February 23, 2001 letter
Facility 51-34 Previously notified in June 5, 2001 letter
Facility 31-357 Previously notified in June 5, 2001 letter
NCDENR
Customer Service
1 BOO 623-n48
Division of Water Quality 1617 Mail Service Center Raleigh. NC 27699·1617 [phone]
Ronnie Hamilton
Hamilton Bros. Farm
473 Hog Heaven Lane
Dunn, NC 28334
John Hendrix
John Hendrix Farm
1585 Register Sutton Road
Rose Hill, NC 28458
Joshua "Jody" Coombs Farm
PO Box 612
Clinton, NC 28328
Thompkenn Farm #1
PO Box 901
Warsaw, NC 28398
Thompkenn Farm #2
PO Box 901
Warsaw, NC 28398
Travis Register Farm
PO Box 244
Turkey, NC 28393
Charles Wooten
Bear Ridge Farm
2850 NC Highway 50
Maple Hill, NC 28454
James Bryan Peterson
James B. Peterson Farm
7950 NC Highway 11
Willard, NC 28478
Facility 43-8
Facility 82-323
Facility 82-621
Facility 82-19
Facility 82-683
Facility 82-303
Facility 71-69
Facility 71-17
Added
Added
Added
Added
Added
Added
Added
Added
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe. Ph.D.
Division of Water Quality
If you have any questions regarding this notification, please contact Steve Lewis with the Non-Discharge Compliance and
Enforcement Unit at [phone], ext. 539.
Sincerely,
~~~
Gene Stallings, Smithfield Packing
/,a.-Gregory J. Thorpe, Ph.D.
cc:
Non-Discharge Compliance and Enforcement Unit
Wilmington'Regional Office
~fayetteville Regional Office
Washington Regional Office
Raleigh Regional Office
Central files
NPDES Permit File
A~A t_
NCDENR
Customer Service
1 BOO 623-n48
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
"'• Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
AQUIFER PROTECTION SECTION
CERTIFIED MAll.
RETURN RECEIPT REQUESTED
Mr. Gerald Warren
Warren Swine Farms Inc
P.O. Box 223
Newton Grove, North Carolina 28366
October 8, 20 I 0
Subject: NOTICE OF DEFICIENCY
Kennedy Farm 82-683
Facility No. 82-683
Permit No. A WS820683
Sampson County
NOD-20 I 0-PC-1 077
Dear Mr. Warren:
On February 7, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Curtis Barwick of a high freeboard level in one or more of the facilities lagoons.
As a result of this incident, 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 2T . 1300, you have been
found to be in violation of your Certified Animal Waste Management Plan (CA WMP) and the Swine
Waste System General Permit No. A WG I 00000 as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. Of Swine waste System General Permit No. A WG I 00000.
On February 7, 2010, a lagoon/storage pond level was documented at 18 inches of freeboard. A level of
20.4 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the
Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section (2) of your permit.
Mailing Addnss
1617 Mail Service Center
Raleigh, NC 27699-1617
Internet: www.nl'walt'rguality.org
Pbonr [phone]
Fax [phone]
Location
512 N. Salisbury Sr.
Raleigh, NC 27604
Customer Service 1-877-623-6748
An Equal Opportunity/AffinnaUve Action Employer-50% Recycled/1 0% Post Consumer Paper
NJ>{thcarolina
AJnturnll!f
_ ..
Page 2
Mr. Gerald Warren
October 8, 20 1 0
If you have not already done so, provide a written response to this Notice ofDeficieocy once lagoon
levels are back in compliance.
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 ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a penn it under authority of G.S . 143 ~215.6A.
If you have any questions concerning this Notice , please contact me at (91 0) 433-3300.
cc: Keith L ar ick/ APS CAFO Unit
FRO C ompliance Animal Files
NCDSWC-FRO
Sincerely,
Tony W. Honeycutt
Environmental Specialist
Fayetteville Regional Office.
..
'
WARREN SWINE FARMS, INC.
POBOX223
NEWTON GROVE, NC 28366
October 18, 2010
Mr. Tony W. Honeycutt
Environmental Specialist
Aquifer Protection Service
225 Green Street Suite 714
Fayetteville, NC 28.301-5043
Dear Mr. Honeycutt,
'\ \~1\·
In response to your NOTICE OF DEFICIENCY dated October 8, 2010, for Kennedy
Farm (82-683) I submit the following :
Violation 1: Condition V.l Freeboard:
1 recorded the following amounts of rain on my farm during the period November, 2009
through January, 2010:
November 6.55" in 9 events
December 2.75" in 6 events
January 2.25" in 5 events
It was necessary to call in a high freeboard level on February7, 2010. These chronic
rainfall events coupled with cold weather and wet soil conditions made proper waste
application next to impossible. I was extremely concerned about potential effluent run-
off and possible environmental degradation. After my fann was pumped down out of the
"red" I contacted Ricky Revels of the FRO by phone so as to inform him of my permit
compliance. I take the land application of waste seriously and had rather retain excess
waste and rainfall in my lagoon than to pump it out and cause a violation. It is my desire
that this situation not occur again. It is my regret that this issue has occurred on my farm.
If you have any questions, please do not hesitate to contact me at 91 0-594-1701 .
Sincerely,
Gerald Warren
search,
Incident
Dctailsl
Incident
Details2 Freeboard LcYels
* Incident Type: j~on-C~~pli~n~e ~~porting
* Category: r~-~S~-~~~~al -=-:_~
····----·-.. --
*Started Datcffime: .02/07/2010 04:00pm
-----
* County : Sampso~ _
Decimal DD:MM:SS
-··--·•w
Page I of2
Events Related lncident5
Incident Number : j201
Farm#: 82 0
Latitude: Position Accuracy: ---S el ect Va lue------~-)-:~
Longitude: ; ____ , -~-
Reporting Person : : Anonymous
First Name : i Curtis ---
Middle Name :
Last Name : Barwick
Position Method: -~:S el ect Value :~ --=---
Position Datum: :·-=select va l ue=-~.~_::,.-~ ,._ ~ ---...,; -~ =------·:Ja.~
Address: i
.;"
vu/
Phone: (9~5-90-631~-~_... 'Jf)O
*Location of the Incident : Kennedy Fmrn # 2
City:,
State/Zip : : __
Cell/Pager : !
Address: •
City/State/Zip: Faison
Cause/Observation of the incident :
Action Taken:
Surface Water Impacted :
....
Waterbody: ---Select Value---
Watcrbody (Other):
Report Received By : Revels, Ricky _
Phone : j(91 0}~ 33-3300
Datcffime: 02/0712010
1720
04-00 pm
Directions :
Comments/Findings :
Water Supply WeJis within I 500ft: ·:___'
Groundwater Impacted: .-·--;
Convey ance : ---~
RO Contact : Re'
Phone : 1(9 1 (
Dateffime:
http://bims.enr.state.nc. us:700 1 /selectOnel ncidentdo?id=3M05FMY GOORJND X4 BX2RR... 9 /30/2010
search. ,
~·
Referred Via : 'Voice mai l
Specific Causes :
_ . Severe Natural Condition · : Vandalism
Page 2 of2
Referred Via : ---~
~ Pump Station Equipment Failure ~_j .
f'Fif!-i~~c.J I ,;C"'I)_£el_,~,j
http://bims .enr.state.nc.us:7001/select0nelncident.do?id=3M05FMYGOORJNDX4BX2RR ... 9/30/2010
search. Page l of 1 ..
Incident Details 1 Incident Details2 Freeboard Le''els Events
Incident Type: Non-Compliance Reporting Incident Number: 201000772
Dateffime: 02/07/2010 04:00pm Farm#: 820683
County : Sampson City : Faison
Responsible Party :
Incident Owner : · . __ __ ~ ___ . Find Owner [Clear]
Permit : ;AWS820683 -~-____ _ ___ Find Permit [Clear]
Facility :
First Name:
Middle Name : ·
Last Name:.
Company Name: _ ___ ;
Phone:,
[Clear Responsible PartY-]
Onsite Contact :
First Name:
Middle Name :
Last Name:
Contact Agency :
Phone:
Cell/Pager :
Fish Kill : -Yes -·No ·e;. Unknown
Containment : Yes No ~--Unknown
Storage tank: AST UST
Written Report Requested :
Information Requested :
Closed Date :
Find Facility (Clear]
:-......-------~~ ·--
Address::
City: i
State/Zip:[~ :~ --
Cell/Pager : L_ ___ __
Report Entered By : rB~i~~'=Ris~
Phone : h92Ql4~~-~
Dateffime : lo211 01201 o
Estimated Fish Kill : -.
Cleanup complete: ',-; Yes 0
Well Contractor Cert#: f ---Selec t Va
~­
-~
Finish Cancel
http://bims.enr.state.nc. us:700 I /maintainlncident l.do 9/30/2010
Agencies Page I of 1
Incident
Details!
Incident
Dctails2 Freeboard Levels Events Related Incidents Action History
Incident Type: Non-Compliance Reporting Incident Number: 201000772
Dateffime : 02/07/2010 04:00pm Farm #: 820683
County : Sampson
Freeboard Levels
Waste Structure Delete T ype
·waste Structure
Identifier
Freeboard
(inches)
http://bims .enr.state.nc.u s:7001/maintainlncident2.do
City : Faison
~A
Plan Due
Date/Time
Plan
Received
Date/T ime
Date/Time
Freeboard
Level OK
9 /30/2010
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Comments
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1 ti
ase Number Violator—
Perm i t 4
:lElclEess : 0, plt0-10"
b 0
-
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Ce Ovral Office Conjact
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Comments
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RECEIVED
1M -:7 2001
FAYETJ"EVJu.E
REG. OFFICE State of North Carolina
Reply to:
R OY COOPEH Depanm em of Juslice
Mary Dee Carraway
Environmental Division
Tel: (919) 71~600
Fax: [phone] .--.TIO R'\'EY GE.,H't-\1. P. 0 . Box 6 29
TO:
RALEIGH
276 02-{)62 9
MEMORANDUM
Tommy Stevens, Director of Water Quality
Steve Lewis, Environmental Specialists
/Paul Rawls Water Quality Regional Supervisor
Robert Heath, Environmental Specialist II
FROM: Mary Dee Carraway, Assistant Attorney General
March 5, 2001 DATE:
RE: Civil Penalty Assessment Appeal by THOMPKENN FARMS, INC, FARM
#82-683, Sampton County WQDV 00-013 01-EHR-0182
Please note that I have been assigned to handle the above referenced contested case. I will
need to begin preparing our case as soon as possible. Please review the important dates listed
below and provide me with the requested irtformation by either inter-office mail or by placing in
the Attorney Gen~ral's box in the Archdale building.
March 5, 2001
April 28, 2001
June 11, 2001
Prehearing Statements and Document Constituting Agency
Action due to be filed with OAH. I have a copy of the Civil
Penalty Assessment document. I also have a copy of the
enforcement file from DENR. Please send any other materials you
feel will be relevant at the hearing as soon as possible. ·
Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing .
Hearing is set in Fayettevielle, NC with Sammie Chess, Jr.,
Administrative Law Judge presiding.
If you have any questions or comments regarding thi s case, please call me at:
[phone].
__:,.,.·-·
~--
RECEIVED
-~·;7 2001
FAYETTEVILLE
REG. OFFiCE State .of North Carolina
ROY COOPER Department of Justice
AlTOR."'t>'GE."-'ER'\L P. 0 . Box 629
RALEIGH
27602.()629
MEMORANDUM
TO: Tommy Stevens, Director of Water Quality
Steve Lewis, Environmental Specialists
Paul Rawls Water Quality Regional Supervisor
,/ Robert Heath, Environmental Specialist II
FROM: Mary Dee Carraway, Assistant Attorney General
DATE: March 5, 2001
Reply to:
Mary Dee Carraway
Environmenlal Division
Tel : [phone]
Fax : (919) 716·6766
RE: Civil Penalty Assessment Appeal by THOMPKENN FARMS, INC, FARM
#8~-683, Sampton County WQDV 00-013 01-EHR-0182
Please note that I have been assigned to handle the above referenced contested case. I 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-offi ce mail or by placing in
the Attorney General's box in the Archdale building.
March 5, 2001
April28, 2001
June 11, 2001
Prehearing Statements and Document Constituting Agency
Action due to be filed with OAH . I have a copy of the Civil
Penalty Assessment document I als o have a copy of the .
enforcement file from DENR Please send any other materials you
feel will be relevant at the hearing as soon as possible.
Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing.
Hearing is set in Fayettevielle, NC with Sammie Chess, Jr.,
Administrative Law Judge presiding .
If you have any questions or comments regarding this case, please call me at:
[phone].
_....-..
' ~-
RECEIVED
STATE OF.NORTH CAROLINA ·lift -·-7 2001
COUNTY OF SAMPSON FAYETTEViLLE
REG.OrF;C2
THOMPKENN FARMS. INC.
FARM #82-683,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALTIY,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
)
IN THE OFFICE OF
AOMINISTRA TIVE HEARINGS
01 EHR 0182
RESPONDENT'S PREHEARING
STATEMENT
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
law or rule in assessing a civil penalty in the amount of $5,000.00 plu s $465.50 in investigative
costs, against ThompKenn .Farms. Inc., Farm #82-683 [hereinafter, Petitioner].
B. Statutes, Rules , Legal Precedents : This contested case involves violations ofN. C.
Gen. Stat. §143-215.1 with a penalty assessment based on the requirements ofN.C. Gen. Stat.§
143-215.6A, and the factors set forth in N .C. Gen. Stat.§ 143B-282.l(b).
2. Statement of facts and reasons supporting Respondent's position:
The facts and rea sons supporting Re s ponde nt's position arc 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:
I. Kerr T. Stevens, Director, DWQ
2. Robert Heath, Environmental Specialist fl
3. Other DWQ employees related to this case.
4. All of Petitioner's witnesses.
Respondent reserves the right to modify thi s 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 Orde r.
6. The length of this hearin g is expected to be one day.
7. All motions, pleadings and orders s hould be served on Respondent by mail or deliver y
to the unders igned counsel.
8. Respondent will be ready for he ar ing in this case by June II , 2001 , subject to the
confirmation of availability of witnesses.
2
This the 5th day of March. 200 I .
By:
3
ROY COOPER
Attorney General
rrl~}tlD.wS~
Assistant Attorney General
State Bar No . 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
(9 1 9) 716-6600
CERTIFICATION OF SERVICE
The undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearing Statement on the Attorney for the Petitioner by
depositing a copy in the United Sates Mail, first class postage prepaid. addressed as follows:
Richard Burrows
Burrows and Hall
Post Office Box 816
Wallace, NC 28466
This the 5th day of March, 200 I.
ROY COOPER
Attorney General
By rYl~ Ce7--
Mary D. away
Assistant Attorney General
State Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, 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
Ker_r T. Stevens, Director
Mr. Eugene C. Thompson. IV
ThompKenn Farms, Inc.
P. 0. Box 901
Warsaw, NC 28398
Dear Mr. Thompson :
SUBJECT:
~--~-NCDENR
NoRni CAROUNA 0EPARrME>n" OF
ENv!RON"1Ep.tT ANO NR\JRAI... RESOURCES
January 4, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Pennit
Farm #82-683
Sampson County
File No. DV 00-031
This letter transmits nmice of a civil penalty assessed against ThompKenn Farms #2 in
the amount of $5,465.50 which includes $465.50 in investigati ve costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by de le gation provided by the
Secretary of the Department of Envi ronment and Natural Resource s. Any continuing Yiolation(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:
,\failing Address:
Payment s hould be made directly to the order of the Depanment of
Environment and Natural Resources (do nor include waiver fonn).
Payment of the penalty will not foreclose further enforcement action for
any continuing or n ew violation(s).
Location:
1617 Mail Service Cem~r
Telephone [phone]
Fax [phone]
State Courier #52-01-01
511 N. S:Jlisbury St.
Rakigh. NC 27699-1617 R::Ueigh. North Carolina 27699-1617
An Equal Oppommiry I Affirmaril·e Action Emp loyer
50<7c-recycled I J09t: post-consumer paper
Imp :1/lz2 o. en r.srare.nc.u.s
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
·owQ
1617 Mail Service Center
Raleigh. North Carolina 27699-1 617
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
~earing, 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 rerum 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.l(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 27699-1617
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 administrati\·e hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
l50B of the North Carolin:1 General Statutes. You must file your original petition
\vith the:
...
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raldgh. North Carolina 27 699-1617
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or ~tigation 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 . I43B-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 anention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh , North Carolina 27699 -1617
3. Submit a "Titten request for an administrative hearing:
If you \vish 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
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 maner
being referred to the Attorney General's Office with a request ro iniriare 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 tbis assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. JeffPoupan at [phone], exr. 527.
Sincerely,
Kerr T. Stevens
A IT ACH:.\1ENTS
cc: Paul Rawls, FRO Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
f_!ig#J:Yv·oo-:-03.il w! attachments
Central Files w/ attachments
Public Information Officer w/ attachments
.... ..
STATE OF NORTH CAROLINA
COUNTY OF SA:\1PSON .
IN THE MA TrER OF
THOMPKENN FAR.lvtS. INC.
FOR MAKING A.l"l OUTI..ET TO THE
WATERS OF THE STATE OF
NORTH CAROUN'A
WITHOUT A PER1v1IT
)
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF EN"VIRONMENT k'-I"D
NATURAL RESOURCES
File No. DV 00-031
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVil.. PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depanment of
Environment and Natural Resources, I. Kerr T. Stevens. DirectOr of the Division of Water
Quality (DWQ). make the following:
I. FINDINGS OFF ACT:
A. ThompKenn Farms. Inc . is a corpo ratio n organized and existing under the laws of
the State of Nonh Carolina.
B. ThompKenn Farms, Inc. owns and operates ThompKenn Farm #2. a swine
operation located along SR 1730 in Sampson County.
C. ThompKenn Farms, Inc . was issued Certificate of Coverage A WS820683 under
General Permit A WG 100000 for ThompKenn Farm #2 ori November 28, 19Q8 ,
effective November 28, 1998, with an expir~tion date of April 30, 2003. This
pemlit does not allow the discharge of waste to waters of the State .
D. On February 29, 2000, DWQ staff observed a discharge of wastewater by
ThompKenn Farm #2 from a sprayfield to Goshen Swamp. which are Class C Sw
\Vaters of the State within the Cape Fear River Basin.
E. ThompKenn Farms, Inc. had no valid permit for the above-described activity.
F. Condition No. ill. 6 . f. of the General Permit requires that the permittee shall
report by telephone to the appropriate R egional Office as soon as possible, but in
no case more than 24 hours foll owin5!: first knowle d2:e of the occurrence of
oYerapplying animal \vaste either i n ex;ess of the limit~ set out in the Certified
Animal Waste Management Plan (CA WMP) or \Vhere runoff enters surface
waters.
. ·•.
G. ThompKenn Farms. Inc. failed to notify DWQ of the discharge of wastewater
within the required 24 hours after discovery.
H. The cost to the State of the enforcement proced~res in this matter totaled $465.50.
Based upon the above Findings of Fact, I make the following:
IT . CONCLUSIONS OF LAW:
A. ThompKenn Farms, Inc. is a "person" within the meaning of G.S. 143-215 .6A
pursuant to G .S. 143-212(4).
B . Goshen Swamp constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S . 143-215.l(a)(l). for which a permit is required by G.S. 143-
215 .1.
D. ThornpKenn Farms, Inc. violated Condition No. ill. 6. f. of the General Pennit by
failing 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 overapplying animal waste either in excess of the limits set out in
the Certified Animal Waste Management Plan (CA WMP) or where runoff enters
surface waters.
E. ThompKenn Farms, Inc . 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
tu·enty-five thousand dollars (5:25.000.00) per violation may be assessed against a
person who is required but fails to apply for or to secure a permit required by G.S.
1-+3-215.1.
F. ThompKenn Farms, Inc . 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
twenty-five thousand dollars (S25 ,000.00) per violation may be assessed against a
person who fails to act in accordance \vith the terms , conditions, or requirements
of a permit required by G .S. 143-115.1.
G. The State 's enforcement costs in this maner may be assessed against ThompKenn
Farms, Inc. pursuant to G _S_ 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Director, Division of \Vater Qualiry, 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 following:
ill. DECISION:
Accordingly, ThompKenn Farms, Inc . is hereby assessed a civil' penalty of:
S LJ..oao .oa
. S \.ooo,. oo .
s ___ ....:,4=6s=.s=o::.__
for malcing an outlet to the waters of the State without a
permit as required by G.S . 143-215.1.
for violating Condition No. ill. 6. f. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible. but in no case more than 24
hours following flrst knowledge of overapplying animal
waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where
runoff enters surface waters .
TOTAL CIVIL PENALTY, which is ~ percent of
the maximum penalty authorized by G.S . 143 -215 .6A .
Enforcement costs
TOTAL Al\tlOUNT DUE
As required by G.S . 143-215.6A(c). in determining the amount of the penalty I have
considered the factors listed in G .S.l43B-282.1 (b), \v hi c h are :
( 1) The degree and· extent of harm to the natural re s ources of the State, to the public
health. or to private propeny resulting from th e violation:
(2) The duration and grav ity of the violation ;
(3) The effe ct on ground or surface water quantity or qual ity or on air quality;
(4) The cost of rectifying the damage; ·
(5) The amount of money sav ed by noncompliance;
(6) Whether the violation was committed willfull y or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has r e gula tory authority;
(8) The cost to the Sta te of the enforcement proc edures.
(Date) Kerr T. Stevens , D irector
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. Eugene C. Thompson, IV
ThompKenn Farms, Inc.
P. 0 . Box 901
Warsaw, NC 28398
Dear Mr. Thompson:
'JAN 1 2 2001
FAYETTEVILLE REn nc:=1r.~
SUBJECT:
NoR'TH CAROUNA DEPART,..,ENT OF'
E.NVIR01'4MENT AND NATURAL RESOURCES
January 4, 2001
CERTIFIED MAlL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Pennit
Farm #82-683
Sampson County
File No. DV 00-031
This letter transmits notice of a civil penalty assessed agains t ThompKenn Farms #2 in
the amount of $5,465.50 whi ch includes $465.50 in investigative costs. Attached is a copy of the
asses sment document explaining this penalty.
This action was taken under the authority vested in me b y de le gation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new e nforcement action, including an additional penalty.
W ithin thirty days of receipt of this notice , you must do one of the following:
1. Submit payment of the penalty:
Mailing Address:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include wai·ver f o nn).
Payment of th e penalty will not foreclose further enforcement action for
any continuin g or new violation(s).
Location:
161 7 Mail Ser\'ice Center
Telephone [phone]
Fa."<. [phone]
State Courier #52-0l-01
512 N. Salisbury St.
Rale ig h . NC 2769 9-1617 Raleigh , North Carolina 27699-1617
An Equal Oppo mmity I Affirmaril·e A c tion Emp loyer
50'1r re cycled I JO'lr p o st-consumer p a p er
lrttp :l/lr2 o. e nr. s tar e.nc.u s
Please submit payment to the attention of:
Mr. Steve Lewis
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
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.l(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing envir o nmental damage resulting
from the violation;
(c) the violation was inadvertent or a res ult of an accident:
(d) the violator had been assessed civil penalties for any previou s violations;
(e) p ayme nt of the civil penalty will prevent payment for the remaining
neces sary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Ralei gh , North Carolina 27699-1617
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 ad ministra tive hearing. This re quest must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
l50B of the North Carolina General Statutes. You must fil e your original petition
with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
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 thirtv days, as evidenced by a date
stamp (not a postmark) indicating when we received your respon se, 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. JeffPoupart a t [phone] , ext. 527 .
Sincerely,
Kerr T . Stevens
A IT ACI-L\.1ENTS
cc: Paul Rawls, FRO Regional Supervisor w/ attachments
ffiili'Meat~:.ER.Olwt attachments
File # DV 00-031 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF __,S""-'A=M=P'--"S=O~N_,__ ____ _
IN TilE MA ITER OF ASSESSMENT
OF CIVil.. PENAL TIES AGAINST
PERMIT NO.-------
)
)
)
WAIVER OF RIGHT TO AN
AD~NISTRA TIVE HEARL"JG AA"D
STIPULATION OF FACTS
FILE NO. OV 00-031
Having been assessed civil penalties totaling S5.465.50 for
violation(s) as set fonh in the assessment document of the Director of the Division of Water Quality
dated. December 19. 2000 • 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 ___________ , 2001.
SIGNATURE
ADDRESS
TELEPHO~""E
STATE OF NORTH CAROLINA
COUNTY OF SAl'APSON
IN THE MA TIER OF
THOMPKENN F AR.M:S, INC.
FOR MAKING AN OUTIET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
)
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-031
FINDINGS AND DECISION
AA"D ASSESSMENT OF
CIVIL PENAL TIES
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. fli'.ITIINGS OF FACT:
A. ThompKenn Farms, Inc. i s a corporation organized and existing under the laws of
the State of North Carolina
B . Tho mpKenn Farms, Inc. owns and operates ThompKenn Farm #2, a swme
operation located along SR 17 30 in Sampson County.
C. ThompKenn Farms, Inc. was issued Certificate of Coverage A WS820683 under
General Pe rmit A WG 100000 for ThompKenn Farm #2 on November 28, 1998,
effective November 28, 1998, with an expiration date of April 30, 2003. This
permit does not allow the discharge of waste to waters of the State.
D. On February 29, 2000, DWQ staff observed a discharge of wastewater by
ThompKenn Farm #2 from a sprayfield to Goshen Swamp. which are Class C Sw
w aters of the State within the Cape Fear River Basin.
E. ThompKenn Farms, Inc. had no valid permit for the above-described activity.
F. Condition No. ill. 6. f. of the General Permit requires that the permittee shall
report by te lephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of th e occurrence of
overapplying animal waste either in excess of the limits s et out in the Certified
Animal \Vaste Man:u?:ement Plan (CA \VMP) or where runoff enters surface
waters.
G. ThompKenn Farms, Inc. failed to notify DWQ of the discharge of wastewater
within the required 24 hours after discovery.
H. The cost to the State of the enforcement procedures in this matter totaled $465.50.
Based upon the above Findings of Fact, I make the following :
II CONCLUSIONS OF LAW:
A . TbompKenn Farms, Inc. is a "person" within the meaning of G .S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Goshen Swamp constitutes waters of the State within the meaning of G.S . 143-
215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G .S. 143-215.l(a)(l), for which a permit is required by G.S. 143-
215.1.
D. ThompKenn Farms, Inc. violated Condition No. ill. 6. f. of the General Permit by
failing to report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge o( the
occurrence of overapplying animal waste either in excess of the limits set out in
the Certifie d Animal Waste Management Plan (CA \VMP) or where runoff enters
surface waters.
E. ThompKenn Farms, Inc . 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
twenty-five thou sand dollars ($25,000.00) per violation may be assessed against a
person who is required but fails to apply for or t o secure a permit required by G.S.
143-215.1.
F. ThompKenn Farms, Inc . 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
twenty-five thou sand dollars ($25,000.00) per violation may be assessed against a
person who fails to act in accordance with the terms , conditions, or requirements
of a permit required by G.S. 14 3-215.1.
G. The State's enforcement costs in this m atter may be assessed against ThompKenn
Farms, Inc . pursuant to G.S. l43-215.3(a)(9) and G.S. 143B-282.l(b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
aut hority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
ill. DECISION:
Accordingly, ThompKenn Fanns, Inc. is hereby assessed a civil penalty of:
$ !.;., ()60 • o a
S S,ooo. oa.
$, ____ 4.!.,!:6~5~.5~0~-
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
for violating Condition No. ill. 6. f. of the General Permit
by failing 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 overapplying animal
waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CA WMP) or where
runoff enters surface waters.
TOTAL CIVIL PENALTY, which is 6S percent of
the maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL Ai\-IOUNT DUE
As required by G.S. l43-215.6A(c). in determining the amount of the penalty I have
considered the factors listed in G.S.l43B-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 \Vater Quality
r, '
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
HECE:iVE.U
Kerr T. Stevens, Director
Mr. Eugene C . Thompson, IV
ThompKenn Farms, Inc.
P. 0. Box 90l
Warsaw, NC 28398
Dear Mr. Thompson:
rJAN 1 ? ?.001
Fl~YETIEVILLe
p.fr.!, n'='•::::r'r.:
SUBJECf:
_/I ;;'A
m ·~-------NCDENR
NoRn-t CAROLINA . DEPARTMENT OF
ENVIRONMENT AND N.cruRAL. REsouRCES
January 4, 2001
CERTIFIED MAll..
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Pennit
Farm #82-683
Sampson County
File No. DV 00-031
This letter transmits notice of a ci vil penalty assessed agains t Tho mpKenn Farms #2 in
the amount of $5,465.50 which includes S465.50 in investig ative cos ts. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by del egation provided by the
Secretary of the Department of Environment and Natural Resources . Any continuing violati on(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:
Mailing Address:
Payme nt 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 e nforceme nt action for
any c o ntinuin g o r new violation(s).
Location:
161 7 Mail Service Center
Telephone [phone]
Fa.~ (919) 7 33 -0059
St:l!e Courier #52-01-01
51 2 N . Salis bury St.
Ralei gh. NC 27699-I 6 17 R aleigh, N o rth Carolina 1.7699-1 617
An Equal Opponrmity I Affinnaril·e A c tio n Employ e r
50 l7c recycled I JO'lc post-cons umer paper
lmp://h2o.enr.srare.n c.us
, .
Please submit payment to the attention of:
Mr. Steve Lewis
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
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
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 Statures. You must file your original petition
with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
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. JeffPoupart at (919) 733 -5083 , ext. 527.
Sincerely,
K err T. Stevens
A IT ACHME:i'IIIS
cc: ~Rawls ... I:B<D Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
File # DV 00-031 w/ attachments
Central Files w/ attachments
Public Informat ion Officer w/ attachments
'· .
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF --"'S~AM"'"""'"'P,__,S'-"O,_._N_,__ ____ _
IN THE MA TIER OF ASSESSMENT
OFCnnLPENAL~SAGAINST
PERMIT NO.-------
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WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 00-031
Having been assessed civil penalties totaling SS 465.50 for
vioJation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, December 19, 2000 , 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 docume nt .
This the ________ day of ___________ , 2001.
SIGN ATURE
ADDRESS
TELEPHONE
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STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
THOMPKENN FARMS, INC.
FOR MAKlNG AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERJ.'A:IT
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NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT Ai'lD
NATURAL RESOURCES
File No. DV 00-031
FINDINGS AND DECISION
AND ASSESSMENT OF
CNILPENALTIES
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 OFF ACT:
A. ThompKenn Farms, Inc. is a corporation organized and existing under the laws of
the State of North Carolina.
B . ThompKenn Farms, Inc. owns and operates ThompKenn Farm #2, a swine
operation located along SR 1730 in Sampson County.
C. ThompKenn Farms, Inc. was issued Certificate of Coverage A WS820683 under
General Permit A WG 100000 for ThompKenn Farm #2 on November 28, 1998,
effective November 28, 1998 , with an expiration date of April 30, 2003. This
permit does not allow the discharge of waste to waters of the State.
D . On February 29, 2000, DWQ staff observed a discharge of wastewater by
ThompKenn Farm #2 from a sprayfield to Goshen Swamp, which are Class C Sw
waters of the State within the Cape Fear River Basin .
E . ThompKenn Farms, Inc. had no valid permit for the above-described activity.
F . Condition No. ill. 6. f. of the General 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
overapplying animal waste either in excess of the limits set out in the Certified
Animal \Vaste Management Plan (CAWMP) or where runoff enters surface
waters.
G . ThompKenn Farms. Inc. failed to notify DWQ of the discharge of wastewater
within the required 24 hours after discovery.
H. The cost to the State of the enforcement procedures in this matter totaled $465.50.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. ThompKenn Farms. Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Goshen Swamp constitutes waters of the State within the meaning of G .S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(l), for which a permit is required by G .S. 143-
215.1.
D. ThompKenn Farms, Inc. violated Condition No . ill. 6 . f. of the General Pennit by
failing to report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following rust knowledge of the
occurrence of overapplying anirn:iJ waste either in excess of the limits set out in
the Certified Animal Waste Management Plan (CAWMP) or where runoff enters
surface waters.
E. ThompKenn Farms. Inc. 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
twenty-five thousand dollars ($25,000.00) per violation may be as s essed against a
person who is required but fails to apply for or to secure a permit required by G.S.
143-215.1.
F. ThompKenn Farms, Inc. m a y 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
twenty-five thousand dollars ($25,000.00) per viol ation may be assessed against a
person who fails to act in accordance with the terms, conditions, or requirements
of a permit required by G .S . 143-215.1.
G. The State's enforcement costs in this matter may be assessed against ThompKenn
Farms, Inc. pursuant to G .S . l43-215.3(a)(9) and G.S . 143B-282.1(b)(8).
H. The Director, Division of \Vater Quality, pursuant to delegation provided b y the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil pe nalties in this matter.
... • • t
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
ill. DECISION:
Accordingly, ThompKenn Farms, Inc. is hereby assessed a civil penalty of:
s !:+,()do, oa
s s,~oa.a~
$. ____ 4.:..::6=5=.5:....::0'------
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
for violating Condition No. III. 6. f. of the General Permit
by failing 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 overapplying animal
waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where
runoff enters surface waters.
TOTAL CIVIL PENALTY, which is ..bS percent of
the maximum penalty authorized by G.S . 143-215.6A.
Enforcement costs
TOTAL AMOU:i\"T DUE
As required by G .S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.l43B-282.l (b), which are:
(1) The degree and extent of harm to the natural re sources 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
o ver which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
l 7..-\~-oo
(Date) Kerr T. Stevens, Director
Division of \Vater Quality