820388_ENFORCEMENT_20171231

NORTH CAROLI NA
Department of Environmental Quai

I OF ACTION(Poal FOR HIGH {FREEBOARD AT ANIMAL FACILITIES
Facility-Ndmber. 82-3$$ County:—Sarnpson"'"""" `—j
Facility Name: Mikem .Spell.Far
Certified"Operator Name: i]eborah Spell Operator Number: 22078
1. Currentliquid-level(s).in-inches-as.measured-from.the.current.liquid-level in -the -lagoon -to -the
lowest 'poi it on the toll of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon-3—Lagoon-4—Lagoon-5
Lagoon Name
Spillway(Y�or N). N I I I I 1
Level(inches): 15-1
2. Check.all.applicable-items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and-30-day Plans of Action'are attached -Hydraulic and agronomic balan ec s are
within -acceptable -ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste.is-to-be-pumped-and-hauled-to-off-site-locations: Volume -and -Volume of waste
to be pumped and hauled is reflected in section illl tables. Included within this plan is a list
of the infoproposed sites with related facility numbers, number of acres and receiving crop
rmation Contact and securelapproval-from the DWO prior to transfer ofwaste to a site
not-covered-in-the-facifity's-C--AWMP.
Operation will be partially or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro depopulation
`if -animals, are to-be-roved-to-anotherpermitted,facility, e providfacility-number,-lagoon
freeboard- levels -and -Aerd-population for--the-receiving-facility
i
3. Earliest possible date to begin land application of waste: 9/22/2018
hereby certify that I have �reviewee-information-fisted-above-and-incfuded-withimthe
attached.Plan-of Action, and-tolthe.best-of my knowledge-and.ability,-tlie.informtion-is
accurate and correct.
Mike S I Phane: 910-385-4487 Facility—
Date: 10/10/2018
I--tFacility Owner/Manaaer (sianature)

Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Spell
Michael Spell Hog Farm
1317 Chancey Rd
Clinton, NC28328-8328
Dear Permittee,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
.ec"tDy
S. JAY ZIMMERMAN
RECEIVED
July 8, 2016 DEQ/DWR
JUL 12 2016
WQROS
FAYETTEVILLE REGIONAL. OFFICE
Subject: Notice of Deficiency
Michael Spell Hog Farm
Permit Number AWS820388
Sampson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstandin :
Invoice Number
Due Date
Outstanding Fee $)
2015PR007789
9/6/2015
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources 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 permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
State of North Cxrotiva I Fuvironruental Quahty I Water Resources/Water QuakitY RegKuW Opmabow
1636 Mail service Ccntcr i Raleigh, Nuith Cawlind 27699-1636
919 807 6464

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820388)

DENR-FRO
Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E. John E
Director
April 24, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Spell
Michael Spell Hog Farm
1317 Chancey Rd
Clinton, NC 28328-8328
Subject: Notice of Violation
Michael Spell Hog Farm
Permit NumberAWS820388
Sampson County
Dear Permittee,
APR 2 5 2013
Miv()
Skvarla, ill
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
OutstandingFee $
2012PR00868
99/6/2012
180.00
Please also include payments for prior year invoices for which the anuual fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result Jn 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 permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]I
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: 919$07-6464 k FAX: 91MO7-6492
Internet: www.nckuaterQktality.org
-,conid-
One
NorthCarolina
;Vaturall#
An Equal Opportunity 1 Affirmative Action Employer

r ,y t
If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 807-634I or
[e-mail].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820388)

ff
^a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
July 10, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
1317 Chancy Rd.
Clinton, North Carolina 28328
SUBJECT: NOTICE OF VIOLATION/NOV-2009-PC-0573
Administrative Code 15A NCAC 2H .0217
Facility No. 82-388
Sampson County
Permit No. AWS820388
Dear Mr. Spell:
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 1 5A NCAC 2H .0217, you have been found to be in violation of your 21-1 .0217
Permit.
Violation 1: Discharge of animal waste to wetlands as prohibited by your facility's permit Permit No.
AWS820388 Section 11.
On June 22, 2009 the DWQ Fayetteville Regional Office received a complaint of possible problem at your
pump on the lagoon dike. A site visit documented that a fitting at the pump was broken. The fitting was striped
out during a spray event due to corrosion of the threads and allowed the waste to free flow. Mr. Spell discovered
the broken pipe after 15 to 30 min. Waste 1Jowed through the cow pasture and then into the woods next to
Buckhorn Swamp. Mr. Spell had contained what was left of the waste.
Required Corrective action for Violation 1:
If you have not already done so, immediately cease discharging and begin efforts to recover the discharged
animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law.
Additionally, take all necessary steps to ensure this violation does not reoccur.
AQUIFER PROTECTION SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 North Carolina
Interne?: www.h26.enr-state.nc.us
An Equal Oppoiturily 4 Affumative Action Empbyer ����� ���

Mr. Spell
Jule 10, 2009
Page
Repair eroded area on the back of lagoon embankment and close to the lagoon embankment toe. Make the
repairs before your next compliance inspection in December 2009.
Section III (Monitoring and Reporting Requirements) no. 9. The Permittee is required to make notification in
accordance with Condition 11I. 13. The discharge notification shall include the following information:
a_ Description of the discharge.
b. Time of the discharge.
c. Cause of the discharge.
d. All steps being taken to reduce, stop and cleanup the discharge.
e. Analvsis of the waste.
Section III 16. In the event'of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the
Permittee must issue a press release to all print and electronic news media that provide general coverage in the
county in which the discharge occurred setting out the details.
The Division of Water Quality requests that; in addition to the specified corrective action above, please submit
the following items on or before August 15, 2009 unless another time frame is indicated below:
1. Please send a copy of the press release and who received it.
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 penaltv of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton
Environmental Specialist or myself at [phone].
Sincerely,
Stephen A. Barnhardt
FV2Regional Aquifer Protection Supervisor
SBltab
cc: APS Central Files
vAPS FRO Files
Danny Edwards — S WC, FRO

�.:.+��
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
1317 Chancy Rd.
Clinton, North Carolina 28328
Division of Water Quality
Coleen H. Sullins
Director
July 10, 2009
SUBJECT: NOTICE OF VIOLATIONINOV-2009-PC-0573
Administrative Code 15A NCAC 2H .0217
Facility No. 82-388
Sampson County
Permit No. AWS820388
Dear Mr. Spell:
Dee Freeman
Secretary
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
Violation 1: Discharge of animal waste to wetlands as prohibited by your facility's permit Permit No.
AWS820388 Section 11.
On June 22, 2009 the DWQ Fayetteville Regional Office received a complaint of possible problem at your
pump on the lagoon dike. A site visit documented that a fitting at the pump was broken. The fitting was striped
out during a spray event due to corrosion of the threads and allowed the waste to free flow. Mr. Spell discovered
the broken pipe after 15 to 30 min. Waste flowed through the cow pasture and then into the woods next to
Buckhorn Swamp. Mr. Spell had contained what was left of the waste.
Required Corrective action for Violation 1:
If you have not already done so, immediately cease discharging and begin efforts to recover the discharged
animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law.
Additionally; take all necessary steps to ensure this violation does not reoccur.
AUUII- EK PKU I El; I ION SEC $ ION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www.h24.enrstate.nc.us
;Vaturall
Ar Equal Opportunity t Affirmative Action Employer

Mr. Spell
July 10, 2009
Page 2
Repair eroded area on the back of lagoon embankment and close to the lagoon embankment toe. Make the
repairs before your next compliance inspection in December 2009.
Section HI (Monitoring and Reporting Requirements) No. 9. The Permittee is required to make notification in
accordance with Condition TIT. 13. The discharge notification shall include the following information:
a. Description of the discharge.
b. Time of the discharge.
c. Cause of the discharge.
d. All steps being taken to reduce, stop and cleanup the discharge.
e. Analysis of the waste.
Section II1 16. In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the
Permittee must issue a press release to all print and electronic news media that provide general coverage in the
county in which the discharge occurred setting out the details.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit
the following items on or before August 15, 2009 unless another time frame is indicated below:
1. Please send a copy of the press release and who received it.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $25.000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton
Environmental Specialist or myself at [phone].
Sincerely,
/,ram
Stephen A. Barnhardt.
FO�Regional Aquifer Protection Supervisor
SB/tab
cc: APS Central Files
APS FRO Files
Danny Edwards SWC, FRO

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o -c
May 27, 2008
Sheriff Jimmy Thornton
Sampson County Sheriff's Office
112 Fontana St.
Clinton, NC 28328
SUBJECT: REQUEST FOR SERVICE
Dear Sheriff Thornton:
Michael F. Eastey, overnor
William G_ Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
RECEIVED
JUN 12 2008
OENR-FAYEiTE LLEREGIO14AL.OFFICE �
Please serve the attached Notice of Violation to Michael Spell. The information we have to aid
your service is as follows:
Mr. Michael Spell
1317 Chancey Road
Clinton, North Carolina 28328
It is our understanding that because we are a state agency, no fee is required for this service.
Please complete the Return of Service form in the return envelope provided herein.
The Aquifer Protection Section appreciates this assistance from your department. If you should
have any questions or require additional information, please contact me at 910-433-3300.
Sincerely,
Stephen t
Regional upervisor
NCDENR/DWQ-AP Section
FRO/files
Enclosures
NQhCarolina
+Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Intemet h2o.enr.stale.nc us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the 2—h d-"'- day of
20 �g , and together with the Notice of Violation was served as
follows:_SP-,t! on the �k day of
2008, at the following location:
RECEIV®
JUN 12 2006
Xti }; , �/[� I rENR-FA kY' jiEVIE IF REGIONALURCE
(Fill in address where delivered)
By:
(Serving Officer)
Check one of the following:
personally delivering copies to the name individual;
left with k,-o'-h 1,6 l% , who is a person of suitable age discretion
and who resides in the named individual's dwelling house or place of business.
If not served on the named individual, state reason:
OPT —
(Sheriff Signature) (County Sheriff) (Date)
Fee$: Waived State Agency) Paid by: NIA
Please return this form to:
Stephen A. Barnhardt
NCDENR/DWQ-GW Section
225 Green St. Suite 714
Fayetteville, NC 28301-5043

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Em iionment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
April 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, Michael Spell
1317 Chancey Road
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION — NOV-2008—PC-0297
Administrative Code 15A NCAC 2T .1300
Michael Spell Hog Farm
Farm 82-0388
Sampson County
Permit No. AWS820388
Dear Mr. Spell:
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 2T .1300 Permit.
Violation 1: Failure to maintain, or make available, required records (Permit No. AWS820388 Section II
24 and III. 3,4,6,10,11)
On December 31, 2007 an inspection noted the following missing records for calendar year 2007:
Waste application
Rainfall
Lagoon weekly and post one -inch rain inspections
Waste analyses
Soil analysis
Crop Yield
There was no record of spray equipment calibration for the last several years. Calibration is required at least once
every two years .The Certificate of Coverage and Permit exist in DWQ records but were unavailable on the farm for
inspection. Many of theses same issues have been raised in inspections during 2004 and 2005,
A certified request information letter was sent February 12 and received by you February 13, with a deadline of
March 14, 2008. To date, the Division has not received a response_
Required Corrective Action for Violation 1:
If you have not already done so, please start keeping all required records immediately. If you are able to reasonably
accurately reconstruct any of the records for 2007, please do so. Please have a Standard Soil Fertility Analysis (soil
test) for each spray field and a reel calibration done within 60 days and mail the results to the DWQ Fayetteville
Regional Office by June 9, 2008. Please include any other 2007 and 2008 records from the list above, plus a C9hCarolina
;Nafura!!y
North Carolina Division of W31er Quality/Aquifer Protection Section 225 Green St./Suite 714 Favetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc us Customer Service 1-877-623-6748
An Equal OpportunitylA#iirrnative Action Employer — 50% Recycledli0°% Post Consumer Paper

April 25, 200E
Page 2
of the 2007 Sludge Report. Also, please maintain alt your records in one place and make them available for the
next Soil and Water Conservation Operation Review (inspection). Note that records must be maintained for a
minimum of three (3) years.
Violation 2: Failure to maintain a rain gauge (Permit No. AWS820388 Section III 3a.)
A rain gauge is required to be installed on site, which is representative of the weather conditions at the land
application site. None was found during the December 31, 2007 inspection.
Required Corrective Action for Violation 2:
If you have not already done so, please install a rain gauge within 15 days and mail documentation to the DWQ
Fayetteville Regional Office with other required paperwork.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a
civil penalty of not more than $25,000.00 per day per violation. Also be advised that your permit expires on
September 30, 2009 and your renewal deadline is March 31, 2009.
If you have any questions concerning this matter, please do not hesitate to contact either Ms. Joan Schneier,
Environmental Specialist or myself at [phone].
Sincerely,
or
SBltab
cc: APS Central Files
FRO APS Files
Danny Edwards-SWC, FRO
Murphy -Brown, LLC

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Spell
1317 Chancey Rd
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Michael Spell Hog Farm
Facility No. 82-388
Sampson County
Permit No. NCA282388
Dear Mr. Spell;
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to maintain waste levels in your waste structure(s) in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. NCA2000000 Section V 3.)
On 11/22/2006 a waste structure liquid level was documented at 17.5 inches of freeboard at lagoon A. A level of 19
inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
At this time, the incident is closed. The Division strongly recommends that you review your facilities and procedures
with the goal of eliminating future high freeboards, which could lead to mandatory review of your Waste Utilization
Plan by a Technical Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
If you are not aware, you now may pump up to eight (8) inches below the "Stop Pump" mark between June 15 and
October 31 provided that the criteria in NRCS Standard for Waste Treatment Lagoon No. 359 are met.
N"ob Carolina
Jvatwrally
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] lntemet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
I

Mr. Michael Spell .
July 11, 2007
Page 2
Violation 2: Failure to submit copies of required records (Permit No. NCA200000 Section Itl 10)
Your permit requires records to be maintained for five years and copies to be furnished to the Division upon
request. On 4/10/07, DWQ requested additional information about your rainfall, lagoon levels, and spray events.
You received this letter on 04/18/07, according to your receipt. Subsequently, DWQ made two follow up phone calls
with the same request. The Division of Water Quality has no record of receiving the required reports.
Required Corrective Action for Violation 2:
In the future, please respond to information requests by the Division of Water Quality in accordance with your
permit.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Joan Schneier,
Environmental Specialist, or myself at [phone],
*Renal
arnhardtuifer Protection Supervisor
SB/tab
cc: AP5 Central Files
FRO APS Files
Anthony Dial-SWC, FRO
Murphy Brown, LLC.

�oF W a T f Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
00
❑ Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Spell
1317 Chancey Rd.
Clinton, NC 28328
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Michael Spell Hog Farm
NPDES Permit No. NCA282388
Sampson County
Dear Mr. Spell:
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition I11.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March I of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwatcrquali!y.org location: 2728 Capital Boulevard
An Equal Opportun4lAlfirmative Action Employer— 50% Recycledl10% Post Consumer Paper
Raleigh, NC 27699-1636 Telephone:
Raleigh, NC 27604 Fax 1:
Fax 2:
Customer Service
on
e
NaCarolina
tura!!y
[phone]
[phone]
[phone] 1
[phone] A.

April 3, 2007
Page 2
Mr. Spell
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at [phone] or Miressa D. Garoma at (919)
715-6937.
Sincerely,
A h t
Aquif Pr ection Supervisor
Fayetteville Regional Office
cc: Facility File Sampson-82-388
APS Central Files
Murphy -Brown LLC
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Spell
1317 Chancey Road
Clinton, NC 28328
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Michael Spell Hog Farm
NPDES Permit No.NCA282388
Sampson County
Dear Michael Spell:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition III.12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwatcrqualiiy.org Location: 2728 Capital Boulevard
An Equal opportunirylAlfirmathre Action Employer— 50% Recycled110% Post Consumer Paper
tCarolina
ura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Michael Spell
Page 2
Apd125, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
Stephen . Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 82-388
APS Central Files
Brown's of Carolina, LLC
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District

&P-03FF
?0F w A rF9Q Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
Vj North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 1, 2005
MEMORANDUM
TO: Kathy Cooper.
Special Deputy Attorney General
FROM: Alan W. Klimek, P.E.
SUBJECT: Request for Collection of Penalties
Please initiate collection proceedings for the case listed below. The Environmental Management
Committee partially remitted the penalty on December 11, 2003 and payment has not been received.
Copies of the relevant documents for the case are attached.
Violator
Mike Spell
Case Number
DD 03-001
Date Assessed
July 17, 2003
Date Received
July 26, 2003
(Mr. Spell was assessed $11,021.38 in July 2003. The Director of the Division of Water Quality
denied him any remission of the penalty in October 2003. He requested remission from the EMC and
was granted partial remission. The penalty was reduced to $4,650.00 plus $1,721.38 in investigative
costs for a total of $6,371.38. In November 2004, a payment demand letter was sent certified mail
but Mr. Spell refused to accept it. The Sampson County Sheriffs Office served the payment demand
letter on December 20, 2004 and payment has not been received to date.)
Thank you for your assistance in this matter. If you have any questions, please call Steve Lewis at
715-6629.
ATTACHMENTS
cc: L-ari 'B xley, Fayetteville.Regional-Office
DD 03-001 Enforcement File
j
qhCarolina
t[ffQ��l�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: ht 1fh2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

�0� W'4r�g �L I W" 3 92? Michael r. Easley, Governor
`0 QG William G. Ross Jr., Secretary
C!) North Carolina Department of Environment and Natural Resources
-4
7
Alan W. Klimek, P.E. Director
Division of Water Quality
The Honorable Jimmy Thornton
Sampson County Sheriffs Office
P.O. BOX 109
Clinton, NC 28329
SUBJECT: NOTICE OF SERVICE
Mike Spell
Dear Sheriff Thornton,
December 9, 2004
r
Please serve the attached letter as follows:
Mike Spell
1317 Chancey Road
Clinton, NC 28328
It is our understanding that because we are a State agency, no fee is required for this service.
We would appreciate your returning the completed Return of Service form in the return
envelope.
The Division of Water Quality appreciates this assistance from your department. if you have
any questions or need additional information, please contact me at [phone].
Sincerely,
Steve Lewis
cc: an -Baxley-Fayetteville Regional Office
File # DD 03-001
No hCaroIina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer service
Internet: hgRL-//h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE # DD 03-001
COUNTY OF SAMPSON
NOTICE OF SERVICE
IN THE MATTER OF }
}
MIKE SPELL )
TO: The Honorable Jimmy Thornton
Sampson County Sheriff's Office
P.O. Box 109
Clinton, NC 28329
YOU ARE HEREBY REQUESTED to serve the attached letters in the above entitled
action on the individual listed below:
Mike Spell
1317 Chancey Road
Clinton, NC 28328
Directions. Hwy. 701 south from Clinton to Butlers Crossroads. Turn left, farm is I
mile on left.
This the 9th day of December , 2004.
• � ��..■ice
Steven C. Lewis
Environmental Specialist
NC Department of Environment and Natural Resources
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
[phone] ext. 539

J
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the
and together with the document(s) was served as follows:
Date Served:
Designated Recipient: Mike Spell
Place of Service: 1317 Chance Rd_
(fill in address) Clinton NC 28328
LIM
(Serving Officer)
Check one of the following:
day of 72004
By personally delivering copies to the named individual
By leaving copies of the Notice of Service and original letter at the named
individual's dwelling, house or place of business with a person of suitable age
and discretion then residing therein. Name the person with whom the copies
were left:
If not served on the named individual, state reason:
, Sampson County Sheriff
(Sheriff Signature) (Date)
Service Fee Paid Waived State agency) Paid By NIA
Please return this form to:
Steve Lewis
Div. of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636

_co
of
W A
4G
r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MICHAEL SPELL
1317 CHANCEY RD
CLINTON NC 28328
Dear Michael Spell:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2004
Subject: Notice of Violation and Revocation for Nonpayment
Michael Spell Hog Farm
Permit Number: NCA282388
Sampson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 9/3/2003.
Your annual permit fee for the period of 9/3/2003 - 9/2/2004 is S150.00. Your payment was due 11/812003.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

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
August 28, 2003 i
Mr. Mike Spell
Simon Spell Farm
1317 Chancey Rd
Clinton, NC 28328
RE: Remission Request
Simon Spell Farm
Facility -No 82-3883
Sampson County
File No. DD 03-001
Dear Mr. Spell:
4 2003
1— - ,-
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
October 1, 2003, and you will be notified about the Division's decision concerning remission. if
you have any questions, please call me at [phone], ext. 571.
Sincerely,
Keith Larick
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, Fayetteville Regional Supervisor w/attachment
dogrr�yyiz. WFy:, Fayetteyjlle•Regional-Office,w_ Lattachmenta
Central Files
File DD 03-001 w/ attachment
NCDENIR
Customer Service: Mailing Address: Telephone [phone] Location:
1-B77-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affimrative Action Employer
50% recycled / 10% post -consumer paper
httpY1h2o-enr. state. nc, us

AW
August 6, 2003
Steve Lewis
D Y1'Q
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr. Larick,
AUG 2 0 Znn-
rJ WATER CUALi
Zly'?'�V�'�:�ii'• r1
In response to the Assessment of Civil Penalties letter that you sent to me on July
18, 2003,1 would like to submit a request for remission or mitigation of the penalty
assessed based on the following.
I try to comply with all regulations, but have struggled do to extremely high
rainfall amounts this spring and summer. Despite this struggle, I feel that I have done a
good job managing my system, despite the problems noted in your letter. While I do not
feel that all of the violations noted in your correspondence are correct, I do take
responsibility for correcting the deficiencies noted. To do this, there are a number of
improvements that I need to make to my operation including improvements to my fresh
water diversions, and my spray fields. I would also like to add new irrigation equipment
to my sy stcm.. In audition, I am in the process of clearing additional land to be used for
sprayfield. 'The cost of these improvements will probably exceed 540,000. I would like
you to consider remission and/or mitigation of this fine because I feel that payment of the
civil penalty will prevent me from being able to pay for the remaining necessary remedial
actions that I feel need to be made on my farm.
I have attached the appropriate waiver of right to an administrative hearing and
stipulation of facts, and I ask that you consider my request in light of the financial
situation described. If I can be of any assistance, please feel free to call me.
Sincerely,
Mike Spell
Owner 1 _

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
ENVIRONMENTAL MANAGEMENT
CONMSSION
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
NUCHAEL SIMON SPELL } STIPULATION OF FACTS
FILE NO. DD 03-001
Having been assessed civil penalties totaling $11,021.38 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 17,2003 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the _ day of A tn; t . 20 0
S NATURE
ADDRESS
TELEPHONE

JUL 2 8 2003
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
July 18, 2003
SUBJECT: Assessment of Civil Penalties
for Violation of NCGS 143-215.1
Farm # 82-388
Sampson County
File No. DD 03-001
Dear Mr. Spell:
Michael F. Easley
Governor
William G. Ross Jr.. Secretary
Department of Environment and Natural Resources
Alan W. 14imek. P.E. Director
Division of Water Duality n
L�r4
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against the Simon Spell Farm in the
amount of $I 1,021.38 which includes $1,721.38 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 and the Director of the Division of
Water Quality. 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 �w
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
504o recycled / 10% post -consumer paper
http✓/h2o. enr state. nc. us

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 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
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 Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

r
Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
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 Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
effrey O. Poupart, Supervisor
Nan -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHIN,IENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
Paul Sherman, FRO w/ attachments
IMF Baxley; FRO- attachments
File # DD 03-001 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL. PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
MICHAEL SIMON SPELL } STIPULATION OF FACTS
FILE NO. DD 03-001
Having been assessed civil penalties totaling $11,021.38 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 17,2003 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
►. Q0111i7TCI►`7
TELEPHONE
SIGNATURE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DD 03-001
IN THE MATTER OF
)
NUCHAEL SIMON SPELL
)
}
} FINDINGS AND DECISION
FOR VIOLATION OF
) AND ASSESSMENT OF
15A NCAC 2H A217 AND
) CIVIL PENALTIES
N_C.G.S 143-215.1
)
'Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Michael Simon (N ike) Spell owns and operates the Simon Spell Farm, a swine
operation located in Sampson County-
B. The Simon Spell Farm was deemed to be permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217. A facility that is
deemed to be permitted is not allowed to discharge of waste to waters of the State.
C. On February 26, 2003, DWQ staff observed a discharge of wastewater at the
Simon Spell Farm from a sprayfield to an unnamed tributary to Buckhorn Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
D. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H .0217. The CAWMP for the
Simon Spell Farm states that in no instance should the volume of the waste stored
in the lagoon be within the 25-year, 24-hour storm storage plus one foot of
freeboard except in the event of the 25-year, 24-hour storm.
E. The 25-year, 24-hour storm event for the facility's location is seven (7) inches
according. to National Weather Service, Technical Paper 40, Rainfall Frequency
Atlas of the United States, 1961.

F. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level for adequate storage in the lagoon
for the Simon Spell Farm is nineteen (19) inches.
G. On February 26, 2003, DWQ staff observed that the waste level of the lagoon was
approximately seventeen (17) inches which exceeded the level of adequate storage
specified in the CAWMP.
H. On May 29, 2003, DWQ staff inspected the Simon Spell Farm. Staff observed a
discharge of wastewater from a sprayfield to a pond. Mr. Spell stated he and his
neighbor share ownership of the pond. The pond outlet flows to an unnamed
tributary to Buckhorn Creek.
I. Mike Spell had no valid permit to discharge wastewater to waters of the State.
J. The cost to the State of the enforcement procedures in this matter totaled
$1,721,38.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mike Spell is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
I43-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.I .
C. The unnamed tributaries to Buckhorn Creek constitute waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharges are violations of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H .0217 nondischarge
deemed permit and G.S. 143-215.I.
F. Mike Spell 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 assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Mike Spell
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).

H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 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:
M. DECISION:
Accordingly, Mike Spell is hereby assessed a civil penalty of:
$ 8,800.00 for 2- of two violations for discharging waste to the
waters of the State in violation of 15A NCAC 2H .0217 and
G.S. 143-2 I 5.1
$ 500.00 for failing to maintain the liquid level in the lagoon at the
level specified in the CAWNM as required by 15A NCAC
2H .0217
$ 1.721.38 Enforcement costs
$ 11.021.38 TOTAL AMOUNT 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.143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;.
(3) The effect on 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) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

of WA rF9
,o� o� JUL 2 8 2003
rCO
�— -
Michael F. Easley
Govemor
Wiifiam G. Ross Jr., Secretary
Department of Environment and Natural Resources
1] - ---- Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
SUBJECT: Assessment of Civil Penalties
for Violation of NCGS 143-215.1
Farm # 82-388
Sampson County
File No. DD 03-001
Dear Mr. Spell:
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against the Simon Spell Farm in the
amount of $11,021.38 which includes $1,721.38 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 and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirtv days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
tz
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50 o recycled/ 10% post -consumer paper
h HPylh2o. e n r. state. n c. us
*'
NCDENR
Location:
512 N. Salisbury St.
Raleigh. NC 27699-1617

WJ
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 form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-2 82. 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
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 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 Oakley
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 Ms.
Linda Fitzpatrick at [phone], ext_ 526.
Sincerely,
effrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
au SNermaii:FRO w/ attachments
arry Baxley, FRO w/ attachments
File # DD 03-001 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
MICHAEL SIMON SPELL ) STIPULATION OF FACTS
FILE NO. DD 03-001
Having been assessed civil penalties totaling _ $11,021.38 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 17.2003 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
. SIGNATURE
TELEPHONE
c-\

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DD 03-001
IN THE MATTER OF
)
MICHAEL SIMON SPELL
)
} FINDINGS AND DECISION
FOR VIOLATION OF
) AND ASSESSMENT OF
15A NCAC 2H .0217 AND
) CIVIL PENALTIES
N.C.G.S 143-215.1
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A_ Michael Simon (Mike) Spell owns and operates the Simon Spell Farm, a swine
operation located in Sampson County.
B. The Simon Spell Farm was deemed to be permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217. A facility that is
deemed to be permitted is not allowed to discharge of waste to waters of the State.
C. On February 26, 2003, DWQ staff observed a discharge of wastewater at the
Simon Spell Farm from a sprayfeld to an unnamed tributary to Buckhorn Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
D. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H .0217. The CAWMP for the
Simon Spell Farm states that in no instance should the volume of the waste stored
in the lagoon be within the 25-year, 24-hour storm storage plus one foot of
freeboard except in the event of the 25-year, 24-hour storm.
E. The 25-year, 24-hour storm event for the facility's Iocation is seven (7) inches
according to National Weather Service, Technical Paper 40, Rainfall Frequency
Atlas of the United States, 1961.

F_ Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level for adequate storage in the lagoon
for the Simon Spell Farm is nineteen (19) inches-
G. On February 26, 2003, DWQ staff observed that the waste level of the lagoon was
approximately seventeen (17) inches which exceeded the level of adequate storage
specified in the CAWMP.
H. On May 29, 2003, DWQ staff inspected the Simon Spell Farm. Staff observed a
discharge of wastewater from a sprayfield to a pond. Mr. Spell stated he and his
neighbor share ownership of the pond_ The pond outlet flows to an unnamed
tributary to Buckhorn Creek.
I. Mike Spell had no valid permit to discharge wastewater to waters of the State.
J. The cost to the State of the enforcement procedures in this matter totaled
$1,721.38.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mike Spell is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributaries to Buckhorn Creek constitute waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharges are violations of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CA)"T IP is a violation of the 15A NCAC 2H .0217 nondischarge
deemed permit and G.S. 143-215.1.
F. Mike Spell may be assessed civil penalties in this matter pursuant to G.S. 143-
2I5.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars (S25,040.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Mike Spell
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
Cl

H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 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:
DECISION:
Accordingly, Mike Spell is hereby assessed a civil penalty of:
$ 8 800.00 for 2, of two violations for discharging waste to the
waters of the State in violation of 15A NCAC 211.0217 and
G.S. 143-215.1
$ 500-00 for failing to maintain the liquid level in the lagoon at the
level specified in the CAWMP as required by 15A NCAC
2H .0217
$ 1.721.38 Enforcement costs
$ 11.021.38 TOTAL AIMOUNT 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.143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;.
(3) The effect on 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.
/TI/2_X3
(Date)
r
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

A -A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
July 7, 2003
MEMORANDUM
TO: Jeff Poupart
Non -Disc g Compliance
THRU: Paul R I
Water Qu e onal Supervisor
Fayetteville Regional Office
FROM: Larry Baxley
Environmental Specialist 11
Fayetteville Regional Office
SUBJECT: Enforcement Package
Simon Spell Farm
Facility No, 82-388
Sampson County
William G. Ross Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
Please find enclosed a fast track enforcement package pertaining to the discharge of animal
waste at the subject facility.
Thank you for your cooperation regarding this manner. If you have any further questions or
need clarification on any of the details, please contact me.
Fayetteville Regional Office
225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet: www_enr.state.nc.us/EN
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
File No. DD
IN THE MATTER OF }
SIMON SPELL FARM }
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
1.
II.
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,
I, Jeff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality (DWQ),
make the following:
FINDINGS OF FACT:
A. Mike Spell, Simon Spell Farm operates a concentrated animal operation in Sampson County.
B. The Simon Spell Farm was deemed permitted as a nondischarge facility on October
31 1997, in accordance with 15A NCAC 2H .0217.
C. May 29, 2003, DWQ staff observed a discharge of wastewater by the Simon Spell Farm
from associated spray fields to unnamed tributaries of Buckhom Creek, which are Class
Class "C - SW" waters of the State within the Cape Fear River Basin.
D. The Simon Spell Farm had no valid permit for the above described activities.
E. The cost to the State of the enforcement procedures in this matter totaled
$ 1,004.40
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. The Simon Spell Farm is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. That Buckborn Creek and its' tributaries constitute waters of the State within the
meaning of G.S.143-215.1 pursuant to G.S.143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit, 15ANCAC 2H
.0217.
E. Simon Spell Farm and Mike Spell, may be assessed civil penalties in this matter

pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more
than ten thousand dollars ($10,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or requirement
ofa permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mike Spell
pursuant to G.S.143-215.3(a)(9) and G.S.l43B-282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation provided for
by G.S_ 143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION:
Accordingly, Mike Spell and Simon Spell Farm is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in violation of 15A
NCAC 214.0217.
c
TOTAL CIVIL PENALTY, which is percent of the maximum
penalty authorized by G.S_ 143-215.6A.
$_ 1,004.40 Enforcement costs
$ TOTAL AMOUNT 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.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.
(Date)
Jeff Poupart, Enforcement and Compliance Supervisor,
Division
of Water Quality
r

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): May 29, 2003.
2. Regional Office: Fayetteville. Water Qualijy Section
3. Name of Owner of Property: Simon Spell Farm.
4. Name of Operator: Ms. Deborah J. Spell, OIC.
5. Address: 1317 Chancey Rd.
Clinton, NC 28328
6. Phone Number: 910 590-3474.
7. Description of Facility Location, Map excerpt attached: Farm is located on the east side of SR 1149
approximately one mile south of its intersection with HWY 701, south of Clinton.
8. Date this facility began operation: May 5, 1992.
9. Date of last expansion: Not applicable
10. Has the facility registered with DWQ? If yes, date of registration: Yes, May 27, 1993.
11. Does the facility have an approved Animal Waste Management Plan: Yes
12. Has this facility received a CAFO Designation: NIA.
13. Type of Operation: Swine, Feeder to Finish.
14. Number and type of livestock: There were approximately 2,940 animals present at the time of inspection.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month
period: Twelve 12 months
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot
or facility? Yes facili was desigped to utilize appnximately 28.5 acres of land on which to ?.*ply waste. The
certified waste management plan calls for bermuda hay with a rye overseed.
17. Type of Waste Management System: Swine are kept in total confinement free stall barn with slotted floors over
flushing its. Waste is flushed as needed from floor pits into the waste lagoon system, The lagoon system is
comppsed of one 1 lagoon from which waste can be pumped to the application fields via a mobile reel and
sprayy un system.
18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters.
There is a Presta a contract farm operation approximately4pproximately 118 mile from the farm on SR 1149.
19. Proximity of facility to neighboring houses, wells, etc.: There is one residence in close roximi to the farm.
The residence is approximatelygpproximately 1500 feet from the eastern most lagoon.
20. Approximate depth of groundwater table in the area of the facility or discharge: Unknown.
21. Proximity of facility to surface waters: Buckhorn Creek runs along the back of the farmproperty-approximatel
200 yards from the edge of the application fields.

22. Animal waste discharged: Swine _
Witnesses: Paul Rawls, DWO-WQ Fayetteville Regional Office [phone]
Lam Baxley, DWQ-WQ Fayetteville Regional Office [phone]
Huehie White, DWQ-WO Fayetteville Regional Office [phone]
23. Are pollutants discharged in the waters of the State? YES
24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? Yes.
25. What is the degree and extent of harm to the natural resources of the State, public health, or to private property
resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters
that will cause or add to the possibility of algal blooms and accelerated eutrophication of the stream. There are
no known public health issues at this time. Waste discharges of this nature may, baste ed on comments from Dr.
M.A. Mixson North Carolina Department of Agriculture, Veterinary Division trans rt swine diseases if
conditions are suitable.
26. What is the duration and gravity of the violation? DWQ staff was performing a freeboard check at Mr. Mike
Spell's farm on 5-29-01. At that time Mr. Snell stated he had received 10" of rain in recent days. He explained
that his lagoon was back to where it had been before „the rain. 17inches. Mr. Spell went on to say he had
irrigated the entire afternoon before and continued to irrigate well into the evening hours. This information was
noted and DWO staff asked to observe the spray field. There wastewater was discovered runnipe downgrade
and into a ditch.
ABBREVIATED SAMPLE RESULTS
Location Coliform_ Fecal TKN BOD
Source 35,000/100m1 207/mg/kg 306mg/l
Upstream = 50,000 30.8 34.7
Upstream of pond.
Downstream 34 3.08 16.5
27. Water Quality Assessment: No observed impacts to wildlife in the receiving stream_
28. What is the cost of rectifying the damage? The cost -of rectif3ing damage would have included recovering
waste from the storm water diversion ditch and pond in the wooded area and returning the waste to the lap-oott
ors ra field. These cleanup activities were suggested to Mr_ Spell at the time of the incident.
29. What is the amount of money saved by noncompliance? Mr. Snell was t ng to avoid p2ssible fines for high
Lagoon fiSeboard level.
30. Was the violation committed willfully or intentionally? Yes. While proving a willful violation is difficult the
ermittee at least acted in a grossly negligent manner.
31. What is the prior record of the violator in complying or failing to comply with programs over which
Environmental Management Commission has regulatory authority?
March of 1997 a NOV was issued for failure to desigLiate a certified operator. As vart of this action DWQ sent
Mr. S Il a NOV and NQ[ certified mail. These were never picked in).
ReMatedly ignored request for information from Raleigh Office in order to complete permit with change of
ownership.
March 2001 NOD issued.

Mgy 2003 NOV/NO[ forwarded for enforcement action. NOV sent certified mail and not picked up.
32. What is the cost to the State for the enforcement procedures?
SOD: $18.11/ea X 3 samples
S
54.33
Coliform, Fecal: $46.80/ea X 3 samples
$
140.40
Nutrient Samples S65.19/ea X3 samples
$
195.57
Mileage: $0.23/nnile-X 80 miles
S
18.40
Paul Rawls @ $31.871hr
Investigation- 2.0 hrs
$
63.74
Drive time- 2.0 hrs
$
63.74
Supervisory Review- 2,0 hrs
S
63.74
Larry Baxley @ 19.03/hr X 2.0 hrs (Investigation) S 38.06
Drive time-2,0hrs S 38.06
Report Development- 8.0hrs S 152.24
Hughie White@ 19.03/hr X 2.0 hrs (Investigation) S 38.06
Drive time- 2hrs S 38.06
Central Office Review
TOTAL
1$00.00
$ 1,004.40
33. Type or general nature of business: Swine, Feeder to Finish
34. What is the violator's degree of cooperation or recalcitrance? Mr. Spell was fair!y cooperative but did ask
DWO staff to leave his Dronertv and not return without a warrant. Mr. Snell later recanted on the need for a
warrant to visit his property in the future.
35. Are there any mitigating circumstances? Yes. Mr_ Spell had been warned previo
36. Assessment Factors:
a. IWC: Unknown
b. Receiving Stream: Private pond co -owned by permittee that dichar es to unnamed tributary to Buckhom .
Creek, Class C,Sw
c. Damage: None observed at time of incident.
37. Include a copy of any Designation letter signed by the Director. N/A
38. Recommendations Made to Owner/Operator:
I- To use his hcavy equipment to dike the flow and recover wastewater, from the ditch.
2- To stay on sight and actively monitor all irrigation events.
3- To plan more fre went irrigation events of a shorter duration in Lesponse to high freeboard events.
39. Recommendations for further DWQ Action:
I- Notice of Violation (Forwarded June 6, 2003)
2- Enforcement Action
3- Reins ection
40. Other Comments: Since the last incident the area has continued to experience heavier than normal rainfall
activity. On 5-29-03 DW staffvisited Mr. Mike Spell's farm to check on the freeboard condition of the waste

lagoon. During- the visit wastewater was discovered pinning out of the field and into a ditch. Mr. Spell stated
that he had irri ated most of the previous afternoon and into the evening until 10:00 or 10:30 PM_ The flow
entering the ditch was approximateiy 2_to S_gallons per minute. The ditch flowed into a pond co -owned by Mr.
Spell and his neighbor. Ownership of the pond is per Mr. Spell. The pond is on the adjoining mpem
a roximately 150 feet from the point of wastewater entry. Samples were taken at the Mint of discharge from
the field at the confluence of the ditch and the oond, and at the Wnd dischar e. The discharge flows t ro h
the woods to Buckhorn Creek Class C-Sw . Mr. Spell asked DWQ peTwnnel to leave his property and the
complied_As a point of explanation the stele labeled as Upstream was actually taken between the other two
samples.
Addendum: Mr. Spell has not responded to either NOV he has been sent this year for his two observed
dischames. None of the additional information requested has been received from Mr. SpelL Mr. Spe_ it
sent back the NPDES application form this office sent him. -

& Ls,
46
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(D" iMicrobac Laboratories, Inc,
FAYETTEVILLE DIVISION
2592 HOPE MILLS ROAD
FAYETTEVILLE, NC 28306
[phone] / [phone] (FAY)
http:A1,.vwvv.n-licrobac.vorn _
CHE,N11ST•RY • N11C 0B10l-�JGY • F00D 5r`,FETY • CO\L1-TIME Pr _iM-' tS
WATER • A1R • WASTES • FOOD• P1iATt;:i 10EI.. TICALS • �;T` 1-R ;:
CERTIFICATE OF ANALYSIS —_ __---
CLIENT: NC DENR - DWQ
ADDRESS: 225 Green Street, #714
Fayetteville, NC 2B301
CONTACT PERSON: Mr. L. Baxley
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Source ID #03WE53404
2. Upstream- ID #03WU53405
3. Downstream - ID #03WD53406
Pic # 11
NC #377 i4
USDA #3767
DATE REC'D: 05/29/03 SAMPLED: 05/29/03
SAMPLED BY: L. Baxley
DELIVERED BY: H. White
SAMPLE CODE: WW 4 Stream, Grab
REFERENCE: Simon Spell Farm
DATA REVIEWED BY:
DATE REPORTED: 06/09/03
++++++a++abF+r++ra++a+++++++++++++++++r++ar++a+++rr++rr++ar++L+r-1,1,1, 4v+4r+++++ar►++++:+a+r
ANALYSIS
METHOD
1.
2
3
++++r++++++++++++++++++++rr+++++++++++++r
++++++a+++4++++++tea+i:
•.. +++++4,
BOD (mg/L)
EPA
405.1
306
34.7
16.5
COLIFORM, FECAL (per 100 ml)
SM18
9222D
35000
5ul)40
34
NITRATE (mg/L)
EPA
353.3
<1 .
3.40.
<1
NITRITE (mg/L)
EPA
353.3
-<O.I
'O.1
<"I
NITROGEN, AMMONIA 1, g/L)
EPA
351).2
163
-26.6
1.4
NITROGEN, TOTAL KJELDAHL (mg/ kg)
EPA
351.2
2'J7
30.8
3.08
- PHOSPHORUS (m:j/L)
EPA
365.2
22.6
2.93
4).078
Upstream = Upstreazn of -pond.
Source flows to Upstream sample
then flows to Downslream location.
Sample sequence is 1 to ? to 3-
CONKMS: < = Less than
PAGE 1 OF 1
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Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 [phone] / 864-8774 fax
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NPRtN CAROLlNA DEPARTMENT or
ErIV1RQNMEM AND NATURAL RESDU ROES f+9• a� y E
A* 225GRC£NSTREET- SUITE 714 :'.:;-T•l7 ti a '
NCDENR" F•T£rT£vILL£.Nc2830t-5043
7001 2510 0000 6680 0396
MR MIKE SPELL
1317 CHANCEY RD + ,,
CLINTON NC 28328
C, ❑ IN,UFF}C1ENT ADDRESSOA
❑ ATTEMPTED NOT KNOWN
G ❑ OTHER
NO sucH NUMBER/ STREET
S ©HUNABLE TO FORWARD
DORES5E6
2$3'�R�4�Y�E�AF_� lrr�r��lrlr}I�fP��.rtlsa�trfr�!��1lF�Jrrllrrlriyjll�!lllii�!!j
y say r Ju " y
1N08 3N1 f 4AMIAN3 - _ --
is 401 17 tl3Y,Mis T-WI
■ Complete items 1, 2, and 3. Also complete
item 4 4 Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR MIKE SPELL
1317 CfLANCEY RD
CLINTON NC 28328
A- Fj Keived by (Please Print Clearly) 18. Date of Delivery
C. Signature
X ❑ Agent
❑ Addressee
D. is delivery address different from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
■ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) — ❑ Yes
2. Article Number f
(Transfer front service label) 7001 2 S 10 D 0 0 0 6680 0396
PS Form 3811, March 2001 Domestic Retum Receipt 102595-01-M•1424

Division of Water Quality 11
0 Division of Soil and Water Conservation
0 Other Agency
of Visit- *Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine ® Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
- — Date of Visit: 05129I2003 Time: 9a10
FFacility Number - $2 3$$
-- ... - - 0 Not O erational 0 Below Threshold
0 Permitted 0 Certified [3 Conditionally Certified Q Registered Date Last Operated or Above Threshold: .._ ...... __ _.
Farm Name: S]iR1RR ell tau[gl.-.----.......... County: SRM$,QA--------------- .._.. FRO-------- -
Owner Name: lsitnaa ------ ------------------- ----- ------------ Phone No: -----------------
Mailing Address:.1jj.Z..Changey.Rd................... .... ....................... C.l U1ojl..SIC......................................... ...... 2S3Z$....... ......
FacilityContact: NUkeS ell...................._._.................Title: Managm ........................ r`tPhone No. 910-S9i- 3474r .
Onsite Representative: Integrato(gmu.p>^1-(3 ... .-
Certified Operator: Del?Alt;ab.j.........................SRell............................. ....... - .... ....... Operator Certification Number: Z2,Q.7.8...... ................ ....
Location of Farm:
Hwy. 701 south from Clinton to Butlers X-roads. Turn left, farm is I mile on left.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ®• 36 Longitude 7$ • I$ 12
Design Current
Design Current
Design Current
Swine Capacity Population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
❑ Layer
❑ Dairy
® Feeder to Finish
2940
❑ Non -Layer
❑ Non -Dairy
❑ Farrow to Wean
Farrow
❑ Farrow to Feeder
Other
❑ Farrow to Finish
Total Design Capacity
2,940
❑ Gilts
Total SSLW
396,900
El Boars
Number of Lagoons 1 ❑ Subsurface Drains Present jMagoonArea ❑ Spray Field Ares
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream linpacts
1. Is any discharge observed from any part of the operation? M Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) M Yes ❑ No
_. c. If discharge is observed, what is the estimated flow in galimin? 2
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes M No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No
Structure i Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: 1...... - .....
Freeboard (inches): --------•--........
... ....................... ._.._.._.._.._.._ - ...-....._.._.._.._.._....... .._.-_.._.._.............. - _ _ _._.._..-------
0510-410 r rantinuod

Facility Number: 82-388 Date of Inspection o5129/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or 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 environmental threat, notify DWQ)
7. Do any of the structures 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 level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11_ Is there evidence of over application? ❑ Excessive Ponding ❑ PAN [:]Hydraulic Overload
12. Crop type
[-]Yes
® No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? []Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
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 available?
18, Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ 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- Fail to notify regional DWQ of emergency situations as required by General Permit?
(iel discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
`❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
(refer to question #): Explain any YES answers and/or any recommendations or any other comments. k
[Comments
Use drawings of faciEity to better explain situations. (use additional pages as necessary):'. ®Field Copy El Final Notes
arm was visited on 5/29/03. At the time of the visit wastewater was discovered running out of the field and into a ditch. The ditch
flowed into a pond on the adjoining property approximately 150' from the point of wastewater entry. Samples were taken at the point of
discharge from the field into the ditch ( Source ). At the confluence of the ditch and the pond (midpoint). At the outlet flow of the pond
Downstream). This outflow eventually flows to Buckhom Creek (Class C-Sw). This last information could not be confirmed at the time
of visit as Mr. Spell asked DWQ personnel to leave his property and they complied. Mr. Spell was asked to dike the wastewater entry
area at the ditch and at the entry point to the pond with a burm of earth. He was also asked to pump the ditch water out and put it in a
uitable location. Mr. Spell agreed to do these request and to call the DWQ- FRO hater that day and confirm the completion of these.
er/Inspector Name harry Baxley Paul Rawls Hughie Whiteer/Inspector
E
Signature: Date:

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LI

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
.tune 12, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Administrative Code 15A NCAC 2FI .0217
Simon Spell Farm
Facility No. 82-388
Sampson County
Dear Mr. Spell:
William G. Ross, Jr., Secretary
Alan Klimek, P.E.. Director
Division of Water Quality
You are hereby notified that, having been deemed permitted to have a nondischarge permit
for the subject animal waste disposals system pursuant to I SA NCAC 2H .0217, you have been
found to be in violation.
On February 26, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality responded to a call about a high freeboard level at the Simon Spell hog farm in Sampson
County. The site visit revealed that the lagoon was in fact within the storm storage. The level at
the time of the visit was approximately seventeen (17) inches. Irrigation was being performed at
the time of the visit. The fields were wet due to the recent rains and after discussing the
possibility of stopping the irrigation due to the soil conditions, you informed DWQ that you were
going to get the lagoon back to nineteen inches. DWQ inspectors expressed that there was no
need to try and get the lagoon back into compliance on this day since rains were forecast for later
in the afternoon and evening. DWQ staff expressed the need for you to monitor the irrigation
carefully and not to let the waste leave the field if, in #act, you were to continue to irrigate. Staff
advised you that we would return the following morning to check on the irrigation event_ When
DWQ staff arrived on the morning of 2-27-03 at approximately 10:30 a.m., what appeared to be
waste water mixed with rain water was observed exiting the application field on the north end
from a drainage feature. Staff tracked the waste through the woods to its confluence with an
underground spring which flows to Buckhorn Creek which is Class C-SW waters. Samples were
taken of the run off.
Fayetteville Regional Of:"ice
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]/FAX: [phone], Internet: "1%- Cllr iil-ar'= Lt�� t-`;�
An Equal Opportunity i Affirmative :fiction Employer - 50 o Recycled' 10% Post Consumer Facer

Mr. Spell
6-12-03
Page 2
On 5-29-03 DWQ personnel again visited the Spell Farm in order to perform a lagoon
freeboard check. The lagoon level on this date was 17" and required the completion of a Plan of
Action Report to be sent to the Fayetteville Regional Office within 48 hours. During the visit it
was discussed with you that you had been irrigating most of the afternoon before and on into the
evening hours. Inspection of the application fields revealed what appeared to be waste water
exiting into a ditch and then Into a nearby pond. At that time you committed to containing the
run off and pumping this material back onto your irrigation fields. The two parties agreed that
you would call and confirm when this was completed. No confirmation was received from you by
the Fayetteville Regional Office.
Upon receipt of this notification you are asked to send to the Fayetteville Regional Office the
following information.
1. Freeboard level records from the present date back one full year.
2. Irrigation records from the present date back one full year.
3. Explanation of why no Plan of Action Reports have been submitted for the high freeboard
levels documented at your facility.
This facility underwent a change of ownership in 1999. Prior to this the facility had begun
the permitting process but records indicate it was never completed. The Non -Discharge Unit has
completed a preliminary engineering review of the subject application. Additional information is
required before the review can continue. Please address and submit the following information
along with the provided NPDES Short Form B- Existing Facility to the address below:
1. Please complete a change of ownership form from Simon Spell to Michael Spell and
submit for the permittimng units records.
2. Please complete the NPDES Short Form B and submit to the permitting unit.
Please reference the subject permit application number when providing the requested
information. All information should be signed, sealed, and submitted in duplicate to the attention
of Michelle McKay at the address below. The information requested by this letter must be
submitted within sixty (60) days or the Division will return your application as incomplete in
accordance with 15A N.C.A.C. 2H .0220 and your facility will be considered to be operating
without a permit.

North Carolina Division of Water Quality
Non -Discharge Permitting Unit
Mail service Center 1617
Raleigh, NC 27699 - 1617
If you do not begin the permitting process this office will have no choice but to make
recommendations to the Director for enforcement action to include civil penalties.
You are hereby notified that based on the above information, the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for the
noted violations. Furthermore, the Division of Water Quality has the authority to levy a civil
penalty of not more than $25,000.00 per day per violation.
If you have an explanation for these violations that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before June30, 2003 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. Larry Barley, Environmental Specialist, at [phone]
Sincerely,
1
Paul E. Rawls
Water Quality Regional Supervisor
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Kraig Westerbeek - Murphy- Brown
Central Files - Raleigh

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Anima! Waste Management Systems
NPDES Short Form B — Existing Facility
Please do not leave any question unanswered.
Facility Number.: - or Permit Number:
2 Facility Name:
3 Lando►►ner's name (must match the name on the Certified Animal Waste Management Platt
4 Landowner's Mailing
City, State Zi
Telephone Number (include area code
5 County where facility is
6 Farm Manager's name (if different from Landowner):
7 Farm Manager's telephone number (include area code):
Submit a copy of the most recent Waste Utilization Plan for this Facility with this application. The Waste Utilization Plan
must be signed by the owner and a technical specialist.
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting information and attachments are
not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes
143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any
application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed S 10,000 as well as civil penalties
up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a tine of not more than 510,000 or
imprisonment of not more than 5 years, or both for a similar offense.)
Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner is a
corporation signature should be by a principal executive officer of the corporation):
Name: Title:
Signature. Date;
THE CONIPLETED APPLICATION SHOULD BE SENT TO THE, FOLLOWENG ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
16i 7 iNiA;L. SER IL-CE.'. CE-NIT EH
RALEIGH, FORTH CAROLINA 27699-1617
TELEPHONE NUNIBER: [phone] FAX NU.tiIBER: [phone]
NPDES SHORT FORM B - Existing

116
f +
1
ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): 2-26-03 and 2-27-03
2. Regional Office: Fayetteville. Division of Water Quality_
3. Name of Owner Of Property: Simon Spell Farm
4. Name of Operator: Ms. Deborah J. Spell, OiC
5. Address: 1317 Chancey Rd.
Clinton, NC 28328
6. Phone Number: 910 590-3474
7. Description of Facility Location. Map excerpt attached.
On the east side of SR 1148, approximately one mile south of its intersection with Hwy 701,
south of Clinton, NC.
8. Date this facility began operation: The farm has been in operation since 5-18-92.
9. Date of last expansion: The facility has not expanded since original construction.
10. Has the facility registered with DWQ'? YES X NO_
If YES, date of registration: 5-27-93
IL Does the facility have an approved Animal Waste Management Plan?
YES X NO Is one required? YES X NO
Date Approved:
12. Has this facility received a CAFO Designation? YES_ NO_ N/A X
If YES, date issued:
13. Type of Operation: Feeder to Finish Operatio
14. Number and type of livestock: There were anproxirnatgly 2940 animals present at the time
of the inspection_
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period. Twelve (12) months.

2
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes the farm was designed to have approximately 28.5 acres
of land on which to apply waste. The certified waste management plan calls for bermuda hay
with a ae overs
17. Type of Waste Management System: Swine are kept in total confinement free stall barns
with slotted floors over flushing nits. Waste is flushed as needed from floor Aits into a waste
lagoon system. The lagoon system is composed of one 1 lagoon from which waste can be
vumned through buried irrieation nines to hvdrants and snraved on the fields via a linear
system.
18. Description of other animal operations in immediate vicinity and proxinuty to same or other
surface waters: There is a Murphy contract farm operation approximately_3/4 mile from the
farm on SR 1 100,
19. Proximity of facility to neighboring houses, wells, etc.: There is one residence in close
proximity to the farm. The residence is approximately 1,500., feet from the eastern most
1. agoon.
20
21
22
23
24
25.
Approximate depth of ground water table in the area of the facility or discharge: Unknown.
Proximity of facility to surface waters: Buckhorn Creek runs along the back of the farm
propertyapproximately 200 yards from the edge of the application field.
Animal waste discharged. YES
Witnesses:
John Hasty DWn-Fayetteville Regional Office [phone].
Paul Sherman, DWO-Fayetteville Regional Office [phone]
Are pollutants discharged in the waters of the State?
YES.
Do or have discharges occurred in response to a storm event less severe than the 25-year,
hour storm? YES
What is the degree and extent of harm to the natural resources of the State, to public health,
or to private property resulting from the violation?: None observed or reported.
Sample Results:
Sample Location 2-27-03)
Source
Coliform. Fecal/ I00ml
2,400/ 100ml
BOD TKN
170m ,/I 120mg/l

3
Sample Location (2-27-0)
Colifo Fecal/1
BOD
TKN
Mid- Point
2500/100ml
150=01
12
Downstream
3,0001100ml
140m l
92me/1/l
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS FOR
MORE INFORMATION***
26. What is the duration and gravity of the violation?: The irrigation event was occurring at the
time of the visit by DWO for a suspected high freeboard due to recent rain events. According
to Mr. Spell he irrigated until approximately 10:00 .m. He also stated that no run-off was
occurring at that time. Rains of that afternoon and that evening pushed the waste out of the
diversion and out of the field later that nieht and on into the next morning.
27. Water Quality Assessment: There were no dead fish noted in the tributary or other impacts
noted at the time of the investigation.
28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup
activities would be recommended. Any cleanup could cause adverse irril2acts to aquatic life
in the canal. There has been no report of downstream impacts outside the area of
investigation.
29. What is the amount of money saved by noncompliance?: Mr. Spell was trying to lower his
lagoon to the required level to avoid any fines that might be associated with a_high freeboard.
30. Was the violation committed willfully or intentionally?: YES _ NO X
Explain:
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: In March of 1 997
an NOV was issued for failure to desi hate a certified o erator_
32. What is the cost to the State for the enforcement procedures'?:
Regional costs are as follows:
Mileage: $0.23 per mile for 80 miles: $ 18.40

4
Fecal Coliform ($46.80 per sample) x 3
140.40
BOD Samples ( $ i 8.1 1 per sample) X 3
54.33
Nutrient Samples ( $65.19 per sample) X 3
195.57
John Hasty @ $19.77 per hour
2 hours -Drive time
2 hour Investigation
5 hours Report development
9 hours total
$ 177.93
Paul Sherman @ $24.62
2 hour investigation
2 hour -Drive time
4 hours total
$ 98.48
Paul Rawls @ $31.87 per hour
hour (Supervisory review)
31.97
TOTAL 7$ 16.98
33. Type or general nature of business: Swine, Feeder to Finish Operation
34. What is the violator's degree of cooperation or recalcitrance:
Mr. Spell has been fairly cooperative since the high freeboard was found.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC:
b. Receiving Stream : Unnamed tribe to Buckhorn Creek, Class "C-SW" Waters.
C. Damage Yes _ No X (Based on observations at the time of the investigation.)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations Made to Owner/Operator: DWQ advised Mr. Spell to block the flow of
waste from the application field which he did with his bulldozer.
39. Recommendation's for further DWQ Action:
- Notice of Violation/Notice of Intent (Forwarded May 2003)
- Enforcement Action

40. Other Comments: As noted in the inspection reports the Fayetteville Regional Office staff
told Mr. Spell at the. time of the first visit on 2-26-03 that with rain forecast for the afternoon
and evening that he should probably consider halting irrigation until conditions improved.
He kept insisting that he was, oin t et the lagoon back down to nineteen inches that day -
Staff advised_ Mr_ Spell that since the freeboard level had been confirmed by DWQ as being
out of compliance he did not need to get to nineteen inches on this day. However, he was
adamant about continuing to irrigate at which point DWQ staff advised him that he should
speed up the -reels and monitor it so as not to have waste leave the field and compound his
situation. DWQ staff also advised Mr. Spell that we would return the following morning to
check on his application of waste. When DWQ returned the following, day (2-27-03) what
appeared to be waste mixed with rain water was exiting the field in the area that had
concerned DWO the previous day_ _ Samples were collected of the waste in the field, the waste
flowin tg hrough the „woods and at its confluence with an underground spring approximately
200 yards into the woods. As a note to this report, Mr. well has failed to send additional
information requested by the permitting unit for a General Permit for this farm. This has been
noted on inspections of this farm.

I
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
MR. MIKE SPELL-
SIMON SPELL FARM
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FOR VIOLATIONS OF
ANIMAL WASTE PERMIT
AWG 100000 AND 1 SA NCAC 2H.0217
File No. DD
FINDINGS AND DECISION.
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Alan Klimek, P. E., Director of the Division
of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Mr. Mike Spell owns and operates a concentrated animal operation
in Sampson County.
B. The Simon Spell Swine Farm was deemed permitted on October
31, 1997,
C. On February 26, 2003, DWQ staff made a visit to the Simon Spell Farm
due to an anonymous notification that the lagoon level at this farm
was and had been out of compliance and DWQ had not been notified
by the farm owner or their representative. The visit revealed that the
freeboard was approximately seventeen inches_ Since this farm has failed
to send in the required additional information it has not yet been permitted
and was not required to notify DWQ. Irrigation was also being
performed at the time of the visit and. The manner in which the
irrigation was being performed caused concern about run off to the
DWQ star. Mr. Spell advised DWQ that he intended to get the
lagoon back into compliance on that day. He was advised by staff That
due to the wet conditions of the spray fields and the impending
forecast for rain that afternoon and evening that he should consider
waiting for dryer conditions. Mr. Spell stated that he planned to

continue until he reached the nineteen inch mark. Staff then advised
him to speed the reels up and not let any waste leave the application
field. He was also advised that DWQ would return in the morning of
the following day to check on the irrigation event. It was upon return
the following morning at approximately 10:30 a. m. that wastewater
mixed with rainwater was observed exiting the field on the north end
of the field (in the place that had concerned DWQ on the previous
day) and flowing downhill to mix with an underground spring which
continued to flow to Buckhorn Creek.
D. The Simon Spell Swine Farm had no valid permit for the above
described activity.
E. The cost to the State of the enforcement procedures in this matter
totaled $ 716.98 .
Based upon the above findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Mr. Mike Spell is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1
C. The above -cited discharge is a violation of the nondischarge General
Permit A WG 100000.
D. Mr. Simon Spell 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
assessed against a person for failing to act in accordance with the
terms, conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against
Mr. Mike Spell pursuant to G.S.143-215.3(a)(9) and G.S.143B-
282.1(b)(8).
G. The Director; of the Division of Water Ouality, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil
penalties in this matter.

st '
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION:
Accordingly, Mr. Mike Spell is hereby assessed a civil penalty of:
$ for discharging waste in a manner which violates the -
Certified Animal Waste Management Plan for this farm which is in violation
of 15 A N C A C 2H. 0217. And for allowing the lagoon to have less than the
required amount of freeboard.
TOTAL CIVIL PENALTY, authorized by G.S. 143 - 215.6A.
$ 716.98 Enforcement Costs
$ TOTAL AMOUNT 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.143B-282.1(b), which are:
(1)
The degree and extent of harm to the natural
resources of the State, to the public health, or to
private property resulting from the violation;
(2)
The duration and gravity of the violation;
(3)
The effect on ground or surface water quantity or
quality or on air quality.-
(4)
The cost of rectifying the damage;
(5)
The amount of money saved by noncompliance;
(6)
Whether the violation was committed willfully or
intentionally;
(7)
The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority; and
(8)
The cost to the State of the enforcement procedures.
(Date)
Alan Klimek, P. E., Director
Division of Water Quality

P
DEC 3 0 290,1
ROY COOPER
ATTORNEY GENERAL
State of North Carolina
Department of Justice
P. O. Box 629
RALEIGH
27602-0629
December 29, 2003
REPLY TO: Francis W. Crawley
Environmental Division
[phone]
[phone]
Mr. Mike Spell CERTIFIED MAIL
1317 Chancey Road RETURN RECEIPT REQUESTED
Clinton, North Carolina 28328
RE: Assessment of Civil Penalties Against, Mike Spell, DD 2003-0001
Dear Mr. Spell:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, you must submit payment of the civil penalty assessment and investigative costs to
the Department of Environment and Natural Resources within 30 days of receipt of this final agency
decision by mailing a bank or certified check. The check should be made payable to the Department of
Environment and Natural Resources and the mailing envelope addressed as follows:
Mr. Shannon Langley\ CM . ebb Se
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commenced in Superior Court.
Very truly yours,
ancis W. Crawley
Special Deputy Attorney General
Commission Counsel
FWC/dk
Enclosure
cc: Paul Rawls
Jennie Hill
L�

n
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF: )
Assessment of Civil Penalties )
Against )
MIKE SPELL )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DD 2003-0001
FINAL DECISION
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on 11 December 2003, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against Mike
Spell in the total amount of $11,021.38 ($9,300.00 plus $1,721.38 investigation costs). Mr. Spell
did not request oral argument; therefore, Mr. Spell's request for remission was presented to the
Committee on Civil Penalty Remissions based on his written submissions and those of the
Division of Water Quality.
Having considered the record, submissions of the parties, and the factors set forth in
N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by Mr. Spell, that the Findings of Fact support the Conclusions of Law, and that the Director
properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the amount of the
civil penalties. Pursuant to N.C.G.S. § 143B-282.1(c), the Committee further finds that there are
grounds for remission or reduction of the penalties assessed by the Director for violation of

N.C.G.S. § 143-215.1 for failure to maintain the proper liquid level in a waste storage pond and
for discharge of waste water from the spray field to a pond which flows to a water of the State.
The Committee finds that payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Upon duly made motion and vote, the Committee finds that the civil penalty assessment
should be reduced by $4,650.00 and upheld in the amount of $6,371.38 ($4,650.00 civil penalty
plus $1,721.38 investigation costs) on the condition that Mr. Spell apply the $4,650.00 to improve
the spray fields and irrigation equipment and to increase the amount of total acreage available for
use for land application (as evidenced by photographs, leases, contracts, invoices or other
appropriate documentation submitted to the Regional Office) by 1 March 2004 and comply with
his waste management plan, otherwise the full amount of the original civil penalty in the amount
of $11,021.38 is upheld.
THEREFORE, IT IS ORDERED:
1. That Mr. Spell apply the $4,650.00 to improve the spray fields and irrigation
equipment and to increase the amount of total acreage available for use for land application (as
evidenced by photographs, leases, contracts, invoices or other appropriate documentation
submitted to the Regional Office) by 1 March 2004 and comply with his waste management plan.
2. That the assessment of civil penalties and investigation costs against Mr. Spell in
the amount of $11,021.38 is AFFIRMED, but will be remitted to the amount of $6,371.38 if Mr.
Spell complies with the terms of this Final Decision and Order.
-2-

3. That this Final Decision and Order be served upon Mike Spell and the amount of
$11,021.38 be paid to the Department of Environment and Natural Resources within thirty days of
1 March 2004, unless Mr. Spell demonstrates to the satisfaction of the Department that he has
complied with the terms of this Final Decision and Order, in which case the amount of $6,371.38
be paid to the Department of Environment and Natural Resources within thirty days of 1 March
2003.
This the, day of December, 2003.
avid 11. %reau, Chairman
Environmental Management Commission
-3-

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Mike Spell
1317 Chancey Road
Clinton, North Carolina 28328
Mr. Paul Rawls
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
This the 2- � day of December, 2003.
CERTIFIED MAIL
RETURN RECEIPT
INTER -OFFICE MAIL
ROY COOPER
Attorney General
rancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600
ME

am
OF WA
0 WV 2 Michael F. Easley, Governor
�O G 6 2p
Cq r William G. Ross Jr., Secretary
j Department of Environment and Natural Resources
-i
O 'C Alan W. Klimek, P.E., Director
- Coleen H. Sullins, Deputy Director
Division of Water Quality
November 25, 2003
Mr. Mike Spell CERTHJED MAIL
1317 Chancey Road RETURN RECEIPT REQUESTED
Clinton, NC 28328
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Farm # 82-388
Sampson County
Case Number DD 03-001
Dear Mr. Spell:
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee On Civil Penalty Remissions (the Committee) of the Environmental
Management Commission (EMC) on Thursday, February 12, 2004.
The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. Please come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
advised that the Committee cannot consider any information other than that submitted in
the original remission request.
X The EMC Chairman has considered the written record and determined that no oral
presentations will be made. You may attend this meeting, but you will not be permitted
to speak regarding your case.
Time and Location of Meeting
The Committee will convene immediately following the close of the regularly scheduled
business meeting of the Environmental Management Commission in the Ground Floor
Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see
enclosed directions). You should arrive no later than 11:00 a.m.
NCDENIR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50 % recycled / 10% post -consumer paper
http://h2o. enr.state.nc. us

Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic — meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time. If the Commission meeting runs long and you need
refreshment or food, Division of Water Quality staff can direct you to a cafeteria/snack bar that
is located on the basement floor of the Archdale Building or to other local restaurants.
If you have any questions concerning this matter, please call Steve Lewis at [phone],
extension 539.
enclosure
Sincerely,
/,--I � Alan W. Klimek, P.E.
cc: Paul Rawls, Fayetteville Regional Supervisor
Larry Baxley, FRO
Enforcement File
Central Files

WA TI'--
9QG
Michael F. Easley, Governor
co
WV Z 6 2W3 l William G. Ross Jr., Secretary
] Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
_ Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
SUBJECT:
Dear Mr. Spell:
November 25, 2003
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Farm # 82-388
Sampson County
Case Number DD 03-001
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee On Civil Penalty Remissions (the Committee) of the Environmental
Management Commission (EMC) on Thursday, February 12, 2004.
The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. Please come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
advised that the Committee cannot consider any information other than that submitted in
the original remission request.
X The EMC Chairman has considered the written record and determined that no oral
presentations will be made. You may attend this meeting, but you will not be permitted
to speak regarding your case.
Time and Location of Meeting
The Committee will convene immediately following the close of the regularly scheduled
business meeting of the Environmental Management Commission in the Ground Floor
Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see
enclosed directions). You should arrive no later than 11:00 a.m.
NCQENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50 % recycled 11001. post -consumer paper
h ttp: //h2o. en r. state. nc. us

`1
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic — meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time. If the Commission meeting runs long and you need
refreshment or food, Division of Water Quality staff can direct you to a cafeteria/snack bar that
is located on the basement floor of the Archdale Building or to other local restaurants.
If you have any questions concerning this matter, please call Steve Lewis at [phone],
extension 539.
enclosure
Sincerely,
14— Alan W. Klimek, P.E.
cc: Paul Rawls, Fayetteville Regional Supervisor
Larry Baxley, FRO
Enforcement File
Central Files

r
WATF
\O�0F 9OG Michael F. Easley
OCTGovernor
f ®7 William G. Ross Jr., Secretary
>_ Department of Environment and Natural Resources
Y Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 6, 2003
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
RE: Request for Remission of Civil Penalty
Simon Spell Farm
Farm # 82-388
Sampson County
File No. DD 03-001
Dear Mr. Spell:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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 $11,021.38.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
NCDEMR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr. state. nc. us

Mike Spell
Page 2
October 1, 2003
If you or your representative would like to speak before the Committee you must complete
and return the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Steve Lewis at [phone] ext. 539 or Linda Fitzpatrick at [phone] ext. 526.
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc: Paul Rawls, Fayetteville Regional Supervisor
xAAny Baxley, FRO
File # DD 03-001
Central Files

F WATF
�� 9Q Michael F. Easley
�O G Governor
f William G. Ross Jr., Secretary
>_ 1 Department of Environment and Natural Resources
Y i Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 6, 2003
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
RE: Request for Remission of Civil Penalty
Simon Spell Farm
Farm # 82-388
Sampson County
File No. DD 03-001
Dear Mr. Spell:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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 $11,021.38.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 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°b post -consumer paper
htIp://h2o. enr. state. nc. us
.A
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mike Spell
Page 2
October 1, 2003
If you or your representative would like to speak before the Committee, you must complete
and return the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Steve Lewis at [phone] ext. 539 or Linda Fitzpatrick at [phone] ext. 526.
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc: Paul Rawls, Fayetteville Regional Supervisor
Larry Baxley, FRO
File # DD 03-001
Central Files

DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: DD-2003-0001
Region FRO
County: Sampson
Assessed Entity: Simon Spell Farm
(x) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes: The Petitioner has made no claim that the penalties were wrongly assessed.
() Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes:
Violation documented 2/26/03
Staff discussed a freeboard violation with the petitioner (violator) on 2/26/03 and in doing so
informed him that he needed to very closely monitor his application event to prevent runoff
from the field. Staff returned to the farm the following mornine and documented runoff into
the surface waters of the state. Mr. Spell blocked flow of waste from the application field
only after DWO staff instructed him to.
Violation documented 5/29/03
The petitioner (violator) was asked to block the ditch pump the wastewater was in and to
return the waste back onto the spray field or into the lagoon at the time of the investigation.
,v1r. Spell was also asked to call the region that day when waste had been returned to the
system. The Favetteville Regional office never received that call and has no information that
the petitioner (violator) took anv action to abate environmental damage.
O Whether the violation was inadvertent or a result of an accident;
Notes: There was no evidence that the violations were inadvertent or an accident as both
were caused by improper oversight by the permittee. As noted above Mr. Spell was
instructed to closely monitor the irrigation event 2/26/03 and during a visit 2/27/03 staff
documented the first discharge violation. The second violation 5/29/03 was identical to the
first as it was caused by improper operation/oversi2ht on the part of the permittee. The
second violation is considered extremely egregious in light of the violation documented iust
three months prior.
O Whether the violator had been assessed civil penalties for any previous violations;
Notes: This case is a combination of violations documented on two occasions 2/26/03 and
05/29/03.
O Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Notes: Mr. Spell indicates in his letter that "payment of the civil penalty will prevent me
from being able to pay for the remaining remedial actions that I feel need to be made on my
farm. It is the opinion of the Favetteville Regional Office that 'Ir. Spell could have operated
his farm in a manner consistent with his waste utilization plan and as urged by staff prior to
either of the violation noted. nlr. Spell knowing failed to take appropriate prevented actions

and could have prevented the document discharges. He has provided no information leading
the Region to believe his resources are so limited that his planned enhancement could not be
made.
Decision (Check one)
Request Denied ✓ Full Remission Partial remission Amount r mitted
(011 b3 0-40" -
Date Alan Klimek, P.E.

O�O� W A T �9QG
o -c
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
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
�ff
July 18, 2003
SUBJECT: Assessment of Civil Penalties
for Violation of NCGS 143-215
Farm # 82-388
Sampson County
File No. DD 03-001
Dear Mr. Spell:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
( 4 Je (4�—
This letter transmits notice of a civil penalty assessed against the Simon Spell Farm in the
amount of $11,021.38 which includes $1,721.38 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 and the Director of the Division of
Water Quality. 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
I�DE1��t
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Afrmative Action Employer
50% recycled / 10% post -consumer paper
httpJ/h2o. enr. state. nc. us

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 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
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 Statutes. You must file your original petition with the:
Office of Administrative Hearinus
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
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 Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
0,00
effrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHMENTS
cc: wls, Fayetteville Regional Supervisor w/ attachments
aul Sherman, FRO w/ attachments
Larry Baxley, FRO w/ attachments
File # DD 03-001 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
MICHAEL SIMON SPELL ) STIPULATION OF FACTS
FILE NO. DD 03-001
Having been assessed civil penalties totaling $11,021.38 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 17,2003 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DD 03-001
IN THE MATTER OF )
MICHAEL SIMON SPELL )
FINDINGS AND DECISION
FOR VIOLATION OF ) AND ASSESSMENT OF
15A NCAC 2H .0217 AND ) CIVIL PENALTIES
N.C.G.S 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Michael Simon (Mike) Spell owns and operates the Simon Spell Farm, a swine
operation located in Sampson County.
B. The Simon Spell Farm was deemed to be permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217. A facility that is
deemed to be permitted is not allowed to discharge of waste to waters of the State.
C. On February 26, 2003, DWQ staff observed a discharge of wastewater at the
Simon Spell Farm from a sprayfield to an unnamed tributary to Buckhorn Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
D. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H .0217. The CAWMP for the
Simon Spell Farm states that in no instance should the volume of the waste stored
in the lagoon be within the 25-year, 24-hour storm storage plus one foot of
freeboard except in the event of the 25-year, 24-hour storm.
E. The 25-year, 24-hour storm event for the facility's location is seven (7) inches
according to National Weather Service, Technical Paper 40, Rainfall Frequency
Atlas of the United States. 1961.

F. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level for adequate storage in the lagoon
for the Simon Spell Farm is nineteen (19) inches.
G. On February 26, 2003, DWQ staff observed that the waste level of the lagoon was
approximately seventeen (17) inches which exceeded the level of adequate storage
specified in the CAWMP.
H. On May 29, 2003, DWQ staff inspected the Simon Spell Farm. Staff observed a
discharge of wastewater from a sprayfield to a pond. Mr. Spell stated he and his
neighbor share ownership of the pond. The pond outlet flows to an unnamed
tributary to Buckhorn Creek.
I. Mike Spell had no valid permit to discharge wastewater to waters of the State.
J. The cost to the State of the enforcement procedures in this matter totaled
$1,721.38.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mike Spell is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributaries to Buckhorn Creek constitute waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharges are violations of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H .0217 nondischarge
deemed permit and G.S. 143-215.1.
F. Mike Spell 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 assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Mike Spell
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mike Spell is hereby assessed a civil penalty of:
$_ 8,800.00 for a- of two violations for discharging waste to the
waters of the State in violation of 15A NCAC 2H .0217 and
G.S. 143-215.1
$ 500.00 for failing to maintain the liquid level in the lagoon at the
level specified in the CAWMP as required by 15A NCAC
2H .0217
$ 1,721.38 Enforcement costs
$ 11.021.38 TOTAL AMOUNT 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.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;
(8) The cost to the State of the enforcement procedures.
(Date)
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

August 28, 2003
Mr. Mike Spell
Simon Spell Farm
1317 Chancey Rd
Clinton, NC 28328
RE: Remission Request
Simon Spell Farm
Facility No. 82-388
Sampson County
File No. DD 03-001
Dear Mr. Spell:
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
0.-
i�SEP . 4 2003
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
October 1, 2003, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone], ext. 571.
Sincerely,
Keith Larick
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, Fayetteville Regional Supervisor w/attachmentu
Larry Baxley, Fayetteville Regional Office w/attachment
Central Files
File DD 03-001 w/ attachment
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 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. enrstate. nc. us
NOW
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

August 6, 2003
Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr. Larick,
RECEIVED
AUG 2 0
WATER QUAD; YC7,C
Non Discharge :cr,-.,i7 �
L/�;.
In response to the Assessment of Civil Penalties letter that you sent to me on July
18, 2003, I would like to submit a request for remission or mitigation of the penalty
assessed based on the following.
I try to comply with all regulations, but have struggled do to extremely high
rainfall amounts this spring and summer. Despite this struggle, I feel that I have done a
good job managing my system, despite the problems noted in your letter. While I do not
feel that all of the violations noted in your correspondence are correct, I do take
responsibility for correcting the deficiencies noted. To do this, there are a number of
improvements that I need to make to my operation including improvements to my fresh
water diversions, and my spray fields. I would also like to add new irrigation equipment
to .;�y system. In addition, I am in the process of clearing additional land to be used for
sprayfield. The cost of these improvements will probably exceed $40,000. I would like
you to consider remission and/or mitigation of this fine because I feel that payment of the
civil penalty will prevent me from being able to pay for the remaining necessary remedial
actions that I feel need to be made on my farm.
I have attached the appropriate waiver of right to an administrative hearing and
stipulation of facts, and I ask that you consider my request in light of the financial
situation described. If I can be of any assistance, please feel free to call me.
Sincerely,
Mike Spell
Owner 1 _

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
MICHAEL SIMON SPELL ) STIPULATION OF FACTS
FILE NO. DD 03-001
Having been assessed civil penalties totaling $11,021.38 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 17,2003 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the _ day of A _,_ -�- 2003
9,
S NATURE
IA9]p7A,
Ch)opL-
/
-/oi L
�j_ L___
TELEPHONE
-3Ci7

. C. . o. u. .n. . . . amson --------
2 S8388ci:Swine
. ..... . ... . ........
Farm Name Owner::: Sell Michael Spell Hog Farm
CorresDondence Historic
Reason for Exemption 2H .0200 Certification
I Letter Date Type of Letter Additional Comments
03/31/97 Notice of Violation No Operator Designated R
1 - facility reported high freeboard (17')
03/13/0 -Notice of Deficiency .12/20/00 R '!'25
05/07/03 Notice oRecommendation NOV f RdatifDischarge to WOS,
E
Enforcement
Enforcement History
ICase Number Central Office Log In Date Penalty Assessed Penalty Amount Amount Paid Case Closed Date I
Site Visitation History
I Visitation
uate Agency I ype of visit
02/26/03 Division of Water Quality Compliance Inspection
::::'Division of Water Quality
02/27/03 !!Compliance Inspection
05/29/03 Division of Water Quality Compliance Inspection
I Visitation
uate Agency Type of visit
12/23/02 Division of Water Quality Compliance Inspection
Visitation
Date Agency
08/16/00 Division of Soil and Water
Division of Water Quality
2000
Type of Visit
AL
Operation Review
Compliance Inspection

Visitation
Date Agency Type of Visit
08/09/01 Division of Soil and Water O u,auun Nev.ew `
Ali :0 t.. l....:....:...::. �6......
1 O/15/01 Division of Water Quality Compliance Inspection
Visitation 119991
Date Agency Type of Visit
O6/18/99 Division of Soil and Water Routine AL
.' i:t�isr;r�nf�Elti��l ski::ks=:€::r::::::::::::€::::::::::::
...€...............................................:...:................. ...............................
09124199 Division of Water Quality - Other

4
I
ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): 2-26-03 and 2-27-03
2. Regional Office: Fayetteville. Division of Water Quality
3. Name of Owner Of Property: Simon Spell Farm
4. Name of Operator: Ms. Deborah J. Spell, OIC
5. Address: 1317 Chancey Rd.
Clinton, NC 28328
6. Phone Number: [phone]
7. Description of Facility Location. Map excerpt attached.
On the east side of SR 1148, approximately one mile south of its intersection with Hwy 701.
south of Clinton. NC.
8. Date this facility began operation: The farm has been in operation since 5-18-92.
9. Date of last expansion: The facility has not expanded since original construction.
10. Has the facility registered with DWQ? YES X NO_
If YES, date of registration: 5-27-93
11. Does the facility have an approved Animal Waste Management Plan?
YES X NO _ Is one required? YES X NO _
Date Approved: _
12. Has this facility received a CAFO Designation? YES_ NO_ N/A X
If YES, date issued:
13. Type of Operation: Feeder to Finish Operation
14. Number and type of livestock: There were approximately 2,940 animals present at the time
of the inspection.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period. Twelve (12) months.

2
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes, the farm was designed to have approximately 28.5 acres
of land on which to apply waste. The certified waste management plan calls for bermuda haX
with a rye overseed.
17. Type of Waste Management System: Swine are kept in total confinement free stall barns
with slotted floors over flushinIZ nits. Waste is flushed as needed from floor nits into a waste
lagoon system. The lagoon system is composed of one (1) lagoon from which waste can be
vumved throuizh buried irrieation Dives to hvdrants and svraved on the fields via a linear
system.
18. Description of other animal operations in immediate. vicinity and proximity to same or other
surface waters: There is a Murphy contract farm operation approximately 3/4 mile from the
farm on SR 1100.
19. Proximity of facility to neighboring houses, wells, etc.: There is one residence in close
proximity to the farm. The residence is approximately 1,500 feet from the eastern most
lagoon.
20. Approximate depth of ground water table in the area of the facility or discharge: Unknown.
21. Proximity of facility to surface waters: Buckhorn Creek runs along the back of the farm
property pproximately 200 yards from the edge of the application field.
22. Animal waste discharged. YES
Witnesses:
John Hasty DWO-Fayetteville Regional Office [phone].
Paul Sherman. DWO-Fayetteville Regional Office [phone]
23. Are pollutants discharged in the waters of the State? YES.
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,
hour storm? YES
25. What is the degree and extent of harm to the natural resources of the State, to public health,
or to private property resulting from the violation?: None observed or reported.
Sample Results:
Sample Location (2-27-03) Coliform. FeeaU100ml BOD TKN
Source 2,400/100m1 170mg/l 120mg/1

C
Sample Location (,2-27-03�
Coliform. Fecal/100ml
BOD
TKN
Mid- Point
2500/100ml
150ma/1/1
120mgj
Downstream
3,000/100"
140m 1
92ma/1
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS FOR
MORE INFORMATION***
26. What is the duration and gravity of the violation?: The irrigation event was occurringat the
time of the visit by DWQ for a suspected high freeboard due to recent rain events. According
to Mr. Spell he irrigated until approximately 10:00 p.m. He also stated that no run-off was
occurring at that time. Rains of that afternoon and that evening_pushed the waste out of the
diversion and out of the field later that night and on into the next morning_
27. Water Quality Assessment: There were no dead fish noted in the tributary or other impacts
noted at the time of the investigation.
28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup
activities would be recommended. Any cleanup could cause adverse impacts to aquatic life
in the canal. There has been no report of downstream impacts outside the area of
investigation.
29. What is the amount of money saved by noncompliance?: Mr. Spell was trying to lower his
lagoon to the required level to avoid any fines that might be associated with a high freeboard.
30. Was the violation committed willfully or intentionally?: YES _ NO X
Explain:
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: In March of 1997
an NOV was issued for failure to designate a certified operator.
32. What is the cost to the State for the enforcement procedures?:
Regional costs are as follows:
Mileage: $0.23 per mile for 80 miles:
$ 18.40

4
Fecal Coliform ($46.80 per sample) x 3
140.40
BOD Samples ( $18.11 per sample) X 3
54.33
Nutrient Samples ( $65.19 per sample) X 3
195.57
John Hasty @ $19.77 per hour
2 hours -Drive time
2 hour Investigation
5 hours Report development
9 hours total
$ 177.93
Paul Sherman @ $24.62
2 hour investigation
2 hour -Drive time
4 hours total
$ 98.48
Paul Rawls @ $31.87 per hour
1 hour (Supervisory review)
31.87
TOTAL $716.98
33. Type or general nature of business: Swine. Feeder to Finish Operation
34. What is the violator's degree of cooperation or recalcitrance:
Mr. Spell has been fairly cooperative since the high freeboard was found.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC:
b. Receiving Stream: Unnamed tributary to Buckhorn Creek. Class "C-SW" Waters.
C. Damage Yes _ No X (Based on observations at the time of the investigation.)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations Made to Owner/Operator: DWO advised Mr. Spell to block the flow of
waste from the application field which he did with his bulldozer.
39. Recommendations for further DWQ Action:
- Notice of Violation/Notice of Intent (Forwarded May 7.2003)
- Enforcement Action

40. Other Comments: As noted in the inspection reports the Fayetteville Regional Office staff
told Mr. Spell at the time of the first visit on 2-26-03 that with rain forecast for the afternoon
and evening that he should probably consider halting irrigation until conditions improved.
He kept insisting that he was going to get the lagoon back down to nineteen inches that day.
Staff advised Mr. Snell that since the freeboard level had been confirmed by DWO as being
out of compliance he did not need to get to nineteen inches on this day. However, he was
adamant about continuing to irrigate at which point DWQ staff advised him that he should
speed up the reels and monitor it so as not to have waste leave the field and compound his
situation. DWO staff also advised Mr. Spell that we would return the following morning to
check on his application of waste. When DWO returned the following day (2-27-03) what
appeared to be waste mixed with rain water was exiting the field in the area that had
concerned DWO the previous day. Samples were collected of the waste in the field, the waste
flowingthrough the woods and at its confluence with an underground spring approximately
200 yards into the woods. As a note to this report. Mr. Spell has failed to send additional
information requested by the permitting unit for a General Permit for this farm. This has been
noted on inspections of this farm.

*AJL
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 7, 2003
CERTIFIED MAIL
RETURN RECEIPT. REQUESTED
Mr_ Mike Spell
1317 Chancey Road
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Administrative Code 15A NCAC 2 H .0217
Simon Spell Farm
Facility No- 82-388
Sampson County
Dear lair. Spell:
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
You are hereby notified that, having been deemed permitted to have a non discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been
found to be in violation of your 2H .0217 Permit.
On February 26, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality responded to a call about a high freeboard level at the Simon Spell hog farm in Sampson
County. The site visit revealed that the lagoon was in fact within the storm storage. The level at
the time of the visit was approximately seventeen (17) inches. Irrigation was being performed at
the time of the visit. The fields were vet due to the recent rains and after discussing the
possibility of stopping the irrigation due to the soil conditions, you informed DIAIQ that you were
going to get the lagoon back to nineteen inches. DWQ inspectors expressed that there was no
need to try and get the lagoon back into compliance on this day since rains were forecast for later
in the afternoon and evening. DWQ staff expressed the need for you to monitor the irrigation
carefully and not to let the waste leave the field if, in fact, you were to continue to irrigate. Staff
advised you that we would return the following morning to check on the irrigation event. When
DWQ staff arrived on the morning of 2-27-03 at approximately 10:30 a.m., what appeared to be
waste water mixed with rain water -was observed exiting the application field on the north end
from a drainage feature. Staff tracked the waste through the woods to its confluence with an
underground spring which flows to Buckhorn Creek which is Class C-SW waters. Samples were
taken of the run off.
Fayetteville Regionai Office
225 Green Street -- Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]FAX: [phone] Internet su.0
An Equal Opportunity 1 A;firrnative Action Employer — 50% Recycled 1 lv,,p Post Consumer Paper

Mr. Spell
5-7-03
Page 2
You are herebv notified that based on the above information, the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this
violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000.00 per day per violation.
If you have 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 May 16, 2003 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone]
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Keith Lariek - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dawn Williamson -Brown's of Carolina
Central Files - Raleigh

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Type of Visit @) Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine Q Complaint O Follow up Q Emergency Notification 0 Other ❑ Denied Access
I�acility Number 82 388 date of Visit: ill-2Cr2003 Time:
Q Not operational O Below Threshold
0 Permitted ® Certified 13 Conditionally Certified E3 Registered Date Last Operated or Above Threshold_
Farm Name: ..................... County: Satttp5j)JL-------------------------------- FRO-----•---
Owner Name: iatQnt ._ - - - - - - --_ spell_ - --- - ----- - - - - - - - Phone No: ---
,Mailing Address: X3.tz..Cha.=y.Rd................................... ................ C.liftIQAI..NC............. ................ . . Z832.8 ..............
Facility Contact: I? Aike.Spell............... .....Title: OH'net-.-.---.--.... Phone No:
Onsite Representative: Mi1s�SAe1�----------------------------------------- Integrator: �[473D'SQf ��lltllaa---------------------•
Certified Operator: V.ebQrAh,j............................ SRell................................................... Operator Certification Number: 2ZQ.7.13.............................
Location of Farm:
lwy. 701 south from Clinton to Butlers X-roads. Turn left, farm is I mile on left.
® Swine ❑ Poultry [I Cattle El Horse Latitude 34 •0 36 L.ongitude 78 • i8 ' 12 u
Design Current
Swine'..'..
-Capacity Population
❑ Wean to Feeder
® Feeder to Finish
2940
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
} Ngmber of Lagoons 1
Holdidg Ponds 1 Sohd Traps -
Design Current Design Cu><rent
-Poultr} capacity Population Cattle Ca �acu Po nlahon,•.'
❑ Layer ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
Other ;
Total Design Capacity 2,940
Total SSLW 396,900
Subsurface Drains Present 1❑ Lagoon Area Iu Spray Field Area !,
No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance malt -made'?
b. If discharge is observed, did it reach Water of the State? (Ifyes, notify DWQ)
c. If discharge is observed- what is the estimated flow in gal/min'?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure S
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes []No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
Structun: 6
Identifier:
Freehoard (inches): ........................................
05/03/01 Continued

Facility Number: 82-388 Date of Inspection 02-26-2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑Yes El No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require main ten ance/improvement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
NVaste Apnlicatirm
10. Are there any butlers that need maintenance/improvement'? ❑ Yes ❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination'? �
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
❑ No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Reouired Records & Documents
17.
Fail to have Certificate of Coverage & General Permit or other Permit readily available'?
❑ Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available'?
(ie/ WUP, checklists, design, maps, etc.) 'El
Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative'?
❑ Yes
❑ No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to queshoti #) Eirplain aiiy YFS ans `Wens and/or any recommendations or any outer comments
,Use drawings of facility to better explain situations.' (use addihonil pages.as necessary): Field Copy ❑Final Notes
-site during routine freeboard evaluations during wet weather. Lagoon level was discovered to be 16 inches. Mr. Spell had not
AL
contacted DWQ. Mr. Spell was informed that he was required to inform DWQ whenever the lagoon level surpassed the 19 inch
compliance mark.
At the time of our arrival Mr. Spell was irrigating. No runoff was observed during our visit. It was recommended that if Mr. Spell was
oing to continue to irrigate, that he elosely monitor the fields for any runoff or ponding. Mr. Spell was informed that DWQ was not
requiring him to irrigate and it was under his own responsiblilty that the irrigation continue. We informed Mr. Spell that we would return
Iiuu1Ur1Uw iU it]aNc%a tiic laguvi� is"va i a<<� Sp.uf i : l.'s.
Reviewer/Inspector Name Pain Shern) John Hasty
Reviewer/Inspector Signature: Date:

Facility Number: 82-388 Date of Inspection 02-26-2003
C ontrnuea
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?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift daring land application? (Le. 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?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [:]No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No

iType of Visit Q Compliance Inspection O Operation Review O Lagoon Evaluation
IReason for Visit O Routine O Complaint Q Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number R2 388 Uatc r� N,j it: 02/27/zflo3 Time: I�
0 Not O erational 0 Below'l'hreshold
0 Permitted ® Certified [3 Conditionally Certified [3 Registered pate Last Operated or above Threshold
Faint Name: SamanRe01 �[m....................._. County: SamRsonX................................
F.Rf)--•------
Owner Name: Sitnaa-_-- &PeA-__----- ._----------------- Phone No: 9�Q_�4A34?4------------------------------
MailingAddress: 13.1I.0ta.a a.Rd............. ............................... ....................- Uinlom.mC............................................................ Z83.2.8 ..............
Facility Contact: 1Vlike.Spet1..---•.....---••-.- _.__.Title: O mir.................. Phone No:
Onsite Representative: 4Sil�c BRetLIntegrator: aCow0.5jACat'It1jujuInc-----------------.
Certified Operator: U.eb.QrAlL,l............................ pl;iA.......
Location of Farm:
Operator Certification Number: 220.7.8........................_...
Kwy. 701 south from Clinton to Butlers X-roads. Turn left, farm is I mile on left.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 a ® 36 a Longitude 7R • lS 12 u
Design Current
Design : Current
Design Current.
Ca achy Po ulatEon'
Poultry`
Ca acity Po ua[ion Cattle
Ca 'achy Po dilation
❑ Wean to Feeder
[0 Layer
10Dairy
® Feeder to Finish 2940
❑Non -Layer
❑Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Other
❑ Farrow to Finish
Total Design Capacity
2,940
❑ Gilts
❑ Boars
Total SSLW
396,900
1Vumber of Lagoons: I ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spra}• I�ieid Area
rHoldtng�Ponds /^Sohd.Traps _ ❑ No Liquid Waste Manabement System
DischarLyes & Stream Impacts
1. Is any discharge observed from any part of the operation? ® Yes '❑ No
Discharge originated al: ❑ Lagoon ® Spray Field ❑ Other
a. If dischar<ge is observed, was the conveyance man-made? ❑ Yes 0 No
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) ®Yes ❑ No
c. It discharge is observed, what is the estimated floe' in gal inin? 5
d. Does discharge bypass a lagoon system'' (Ifyes, notitj' MVQ) ❑ Yes ® No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Strucuire 4 Structure 5 Structure G
Identifier:
Freeboard (inches): ._..-.--•--��._.._.._._ _
........................... ................... -•........................
05/03i01 C.'nnrinued

Facility Number: 82-388 hate of Inspection 02/27/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
6. Are there structures on -site which arc not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
Waste Application
10. Are there any buffers that need main tenance/improvement? ❑ Yes ❑ No
11. Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload El Yes ❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14.
a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination'?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15.
Does the receiving crop need improvement?
❑ Yes
❑ No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
I &
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19.
Does record keeping need improvement'? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20,
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21.
Did the facility tail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
tail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard pr)blems, over application)
❑ Yes
❑ No
23.
Did Reviewer/inspector fail to discuss review/inspection with on -site representative?
❑ Yes
❑ No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to questrgtl.#) Explain airy YES answers and/or an} recommendations or any other comments
,Use drav►rings of facility to better explain situations, (rise idditioioal pages'as necessary) ❑ meld Copy El Notes
-4..
On -site to follow up on high freeboard inspection yesterday. Upon review of sprayfields, discovered runoff discharge of wastewater out
ofsprayfield. Discharge occurred at the center east edge of the eastern most sprayfield, The discharge was due to excess rainfall runoff
�,ashing the recently irrigated wastewater out of the sprayfield. The wastewater left the sprayfield in a channelized flow caused by the
atural draw in the field. The channelized wastewater flowed overland approximately 600 feet to a natural groundwater spring. The
wastewater converged with the natural spring that eventually flows to Buckhom Creek (Class C-Sw). Samples were taken at the source o
the discharge, the midstream flow between the discharge point and the natural spring, and downstream of the convergance with the
[natural cnrinu
Reviewer/Inspector Name Paul Sherman. .1oh
Reviewer/Inspector Signature: Date:

U5/0.1/UI Continued
Facility Number: 82--388 Date of Inspection 02/27/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
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_) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
was recommended that Mr. Spell construct a divergance to prevent any further discharge. NAr. Spell followed the
commendations and constructed a dam at the edge of the sprayfield to divert the wasterwater runoff back to the sprayfield. Mr.
)ell was informed of his requirement to notify DWQ, in writing, of these events within 5 days.
J

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Gerieral,zFac�l><ty Inforniatl�on>;
r �5ts'�.i�stF°`F3��"`•-r:•;i , 'ZF.'.i�;'�a��;.' : e,;FV
M' P E a ilityIrIuml r i 82 sz�� 388
v aS
Pmpson
Owner
Simon Spell
Manager
Address
1317 Chancey Rd
Clinton NC 12832W
Location
Certified
Farm Name
Simon Spell Farm
Phone Number
910-590-3474
Manaecr Phone
Lessee I
O ARO O MRO O WARO Q WSRO
FRO O RRO O W1R0 6
Hwy' 741-south from Clinton to Butlers X-roads. Turn left, farm is Imile on left..
Certified Operator in Charge
Backup Certified Operator
Comments
design capacity corrected from original registration per NRCS letter in file.
❑ariact ..... .erafion. ❑:Lagoon:Closed Date inactivated or closed
Type of Operation
® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses ❑ Goats ❑ None
Design Capacity
❑ Layer
Non -Layer- '-
�. � a .�� R v •aa� a��u»ua=
'�# Total 2.940 Swine
t..r
Boar Stud-� a4xy`E `f:
SSLW 396,940 Feeder to Finish
'd`axM.tii5`i�,u�._S
:.Numtier'of Lagoons /'iioldirig Ponds LA' goon
.To tal4Capacity ft' 574,488
❑Subsurface Drains Present
❑ Lagoon Area ❑ Spray Field Area
❑,No Lrquici Waste>Managemen`t Sjsterii
Simon Spell Farm I Prestage Farms

Latitude
Longitude
34.9tOO
A, 4, 11 J5 IH I
78.3033FAiFii MM
Mnz
5tartdate,
5/18/1992
7:7.
MkiW i�r iei :s,
28.'
53
- eededAcres
28.53
nical
C Wilson Spencer
Prestage Farms
Ngp,44
VAR
0 Request to be removed 0 Removal Confirmation Recieved
Comments
Regional DWQ Staff

FAYE77EVILLE DIVISION
817 Castle Hayne Street Fayetteville, NC 28303 Phone [phone]
CHAIN OF CUSTODY RECORD
PAGE 1 OF
4—
CLIENT NAME 9 ADDRESS:
11r� ����
/ fJ /
PO �:]PIIOJECT
I LOCATION:
'OF
B
O
r
T
S
TYPE
OF
ANALYSIS
PRESERVATION CODE
�—
�•
f
v
CODE: A=<4'CONLY
B = HNO3 (phc2) + <4'C
C = H2SO4 (ph<2) + <4'C
D = NaOH + <4'C
E = ZN Acetate + <4'C
F = a�iii�.�j D
-
CONTACT PERSON:
��
O w 4q
PHONE;
41 5�� —(SL
SAMPLER:
' { ,
rl �1La a'--
DATE 1 METHOD OF SHIPMENT:
Z-Z7 -o 144,E
LAB ID #
SAMPLE
TYPE
DATE
TIME
COMP
GRAB
pH
D.O.
TEMP'C
CHLORINE
iQ b
e
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IiS-O
3-
Anlinq ' h . { atu a
Data
Time
Ra ad by: {Signature)
Dale
Time
2 -27-,03
3.'3 7
2
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al q Fshad by [SignaturoJ
Data
7lma
eceived by.{Signature)
Date
Tim*
3
4
Aelinquisned W. (Signature)
Date
Time
Received W. {Signature)
Rau
Time
5
$
RalingWshed by: (Signature)
Date
Time
Received hy:{3lgnaturn)
Date
7
ITIms
Comments or Special Hazards:

Co Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
2592 HOPE MILLS ROAD NC #37714
FAYETTEVILLE, NC 28306 USDA #3787
[phone] / [phone] (FAX)
httD://www.microbac.com
�_nr_rviiO r n I - 1v1ll.1X"DIVLVU I - JtAr'LL i r rmu"U%_ 1
CERTIF
CLIENT: NC DENR - DWQ
ADDRESS: 225 Green Street, #714
Fayetteville, NC 28301
CONTACT -PERSON: Mr. J. Hasty
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Source -- ID #03WE21240
2. Mid -Paint- ID #03WU21241
3. Downstream - ID #03WD21242
DATE REC'D: 02/27/03 SAMPLED: 02/27/03
SAMPLED BY: P. Sherman
DELIVERED BY: J. Hasty
SAMPLE CODE: WW, Grab
REFERENCE: Simon Spell Hog Farms
DATA RfiVIEWED BY:
DATE REPORTED: 02/28/03 '
ANALYSIS METHOD 1 2 3
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
COLIFORM, FECAL (per 100 ml) SM18 9222D 2400 2500 3000
COUNTS:
< = Less than
> = Greater than
PAGE 1 OF 1
MAR 18 2003
i
The data and other information contained on this. and older accompanying documents, represent only tha
sample($) analyzed and is rendered upon the condition that it t, not to be reproduced Miolly or ire part for
advertising or other purposes without written apprcvat from the laboratory.
t1SDA-EPA-MOSH Testing Food Sanitation Consulting Chemical and fhicrooblogicat Anaiyses and Research

Report to: Ftco WATER QUALITY SECTION Pageof^
CHAIN OF CUSTODY (COC) RECORD
NC DE`'RIDWQ LABORATORY (check one): WENTRAL [ 1 ARO [I WARO
For Investigation of: S y�
Sample collector (print name)j-
and DWI forms completed by: `� Sample collector's signature:
r
Field storage conditions and location (when applicable):
Lab Use On[y
LA
-TA"r[ON NO.
STATION LOCATION
DATE
SAMPLED
TLME
SAMPLED
ER
r
�CON'�JTAINERS
e
047143
jl r s o
2
i
Relin s d (s' turr
D to
Time
R
ce •ed by (signature..
41Date
ate l inie
Re quished by (signature):
at
Time
Received by (signature):
' Time
Relinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Method of Shipment (circle one):
State Courier Hand -delivered Federal Express UPS
Other:
i
Security Type and Conditions:
Sealed by:,
(ITf
aL r4
role by:
INTRALABORATORY CHAIN OF CUSTODY - Lab Use Only
LAB NUMBERS
FROM THROUGH
NNUMBER
BOTTLES
ANALYSES
REQUESTED
RELItiQUISHM
BY:
RE EIVED
gy:
DATE
TIME
W
w
7-2Z-4>3
q:3(�,
N:0
El
QA1Formsl.Samp1e Receiving`,COC form WQ 4110i01dbs

COUNTY 1. SAMPSON
RIVER WIN:
REPORTTO FRO Regional Office
Other :
COLLECTOR(S) : J HASTY
Esihnsted BOD Ranee.
DIVISION OF WATER QUALITY
Chemistry Laboratory Report 1 Water Quality
W❑ SAMPIrF,'FYPE
i RS
❑ AMBIENT 0 QA ❑ STREAM X❑ EFFLUENT
COMPLIANCE %� CHAIN OFCUSTODY LAKE INFLUENT
EMERGENCY VISIT_ ID ESTUARY
Station Location: DOWNSTREAM
Lab Number 3W1353
Date Received : 2/28/2003
Time Received : 9:30 AM
Received By
Data Jeleased 313
Date Reported : 3/13R003
Seed: Chlorinated: Remarks: '
Slatioe k bate Begin (yy/mnrldd) Dale End (yylmmddd) znt1Time Begin Time End Depth . DM, b11, DBM Value Type - A, It. L Composlle-T, S, B Sample Type
00227 1150
%
BOD 310 140 m L
COD High 340 MFJL
COD Lmv 1,35 m 1.
Collfonn: MF Fecal 31616 1100ml
Coiifurm: MF Total 31504 Inuml
Coliform: tube Fecal 31615 100ml
Coliform: Fecal Strep 31673 110Dmi
Residue: Total SDD m L
Volatile505 mrIL
Fixed 510 Mgt I.
Residue: Suspended 5,,10 mg1l.
Volatile M5 mgIL
Fixed 540 m L
H 403 units
Aridity to RH 4.5 436 MFJL
Acidity to PHB.3435 m L
Alkalinity to pHB.3415 m L
Alkalinity to pH 4 5410 m L
TOC 680 m L
Turbidi 76 NTU
Coliform Total Tube 100 mks
COMMENTS:
Chloride 940
m
L
Chi a: Tri 32217
u
1-
Chl a: Corr 32209
u
L
Pheo h tin a 3221.1
u
L
Color. True 90
C.U.
Color: H ft3 211.
C.u.,
Colnr. pH 7.6 82
C.u,
Cyanide 720
rn
L
Fluoride951
m
L
_Formaldehyde 718M
m
1.
Grease and Oils 556
m
L
Hardness Total900
m
L
S ificCond,95
umhos cm2
MBAS38260
m
L
Phenols 32730
u
1.
Sulfate945
m
L
Sulfide 745
mg/.L
Baron
Tannln k LI nin
u
L
Hexavalent Chromium
u
L
Bicarbonate
m
L
Carbonate
m
L
X
NH3 as N 610
83
m
L
X
TKN an N 625
92
' m
L
X
NO2 plusNO5asN630
2.2
m
L
X
I': Total as P 665
8.3
mrjL
PO4 as P 70507
m
L
P. Dtsaolved as P 666
m
L
K-Potassium
m
L
Cd-CadmiumlD27
u
I.
Cr-Chro umtTatal1034
URIL
Co. Copper 1042
. u
L
Ni-Nickel1067
u
L
Pb- Lead ID51
u
L
Zn• Zinc 1092
u
I.
IV -Vanadium
u
L
A-Silver1D77
u
L
Al- Aluminum 1105
upJL
Be - Beryllium 1012
u
L
Ca. Calcium916
m
L
Co- Cobalt 1937
u
L
Fe- Iron 1D45
UFA
U.Uthlum 1132 u L
M - Magnesium 927 m L
Mn-Manganese 1055 - u L
Na-Sodium929 m L
Arscnic:Toia11002 u L
Sr Selenium1147 u L
H . Mercury 71900 u L
Ba Barium u L
O anochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base Neutra]&Acid Extractable Ot anics
TPH Diesel Range
Pur able anks(VOA bottler 'd
TPH Gawlinc Ran pe
TPH BTEX Gasoline Range
Phytoplankton
Iry t
MAR 18 2003
-3

IulVlalUN UP k;NVIKONMENTAL MANAGEMENT WATER UALI E AB FORM (DM1)
- COUNTY PRIORITY LE TYPE
RIVER BASIN ��- Ci2a I—
REPORT TO: ARC/ P O RO RHO WaRO WIRO WSRO TS ❑AMBIENT El QA STREAM f�J EFFLUENT
BM ❑COMPLIANCE9OF
CHAIN ❑ LAKE �❑ INFLUENT
Other CUSTODY
Shipped by: Bu Darter Stair, Other ❑EMERGENCY ESTUARY
COLLECTORS} CL 5 /—yvL ti
Estimated SOD Rawls. 0-5/5-25/25.65/40.130 or 100 pl s=STATION LOCATI N:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No [3 REMARKS:
Station
Lab Number:
Date Received Time: .—:�D
Rec'd by: From.
Bus ourler- nd Del
DATA ENTRY BY: CK:
DATE REPORTED: -
late Begin (yy/mm/dd) I Time Begin I Date End ITIme End Depth DM DB DBM I Value Type I Composite Sample
rr�
2.: .L02 ,27
2
COD H111h 340 mg/I
3
COD Law 335 mg/1
4
Col[form: MF Fecal 31616 /100ml
5
Collform; MF Total 31504 /loom]
6
Collform: Tube Fecal 31615 /100ml
7
Collform: Fecal Strop 31673 /100m1
8
Residue: Total SW mg/I
9
Volatile 505 mg/[
10
Fixed 510 mg/I
11
Residue: Suspended 530 mg/[
12
Volatile 535 mg/I
131
Fixed 540 mg/I
14
PH 403 units
15
Acidity to pH 4.5 436 mg/I
16
Acidity 10 pH 8.3 435 mg/l
17
Alkallnitle to pH 8.3 415 mall
18
Alkalinitir to pH 4.5 410 mg/1
19
TOC 680 mg/I
20
Turbidity 76 NTU
Chloride 940 mg/[
Chi a: Trl 32217 ug/l
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/l
Color: True 80 Pt -Co
Color:(pH ) 83 ADM[
Color: pH 7.6 82 ADMI
Cyanide 720 mg/i
Fluoride 951 mg/l
Formaldehyde -718SO mg/1
Grease and 011s 556 mg/I
Hardness Total900 mg/I
Specific Conti. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ag/1
Sulfate 945 mg/l
Sulfide 745 mg/1
A H I.
NH3 as N 610 mgA
TKN as N 625 mSA
NO2 plus NOS as N 630 mgA
P: Total as P 665 mg/l
PO4 as P 70507 mg/I
P; Dissolved as P 666 mg/I
CdCadmium 1027 ugA
Cr-Chromium:Tota11034 USA
Cu-Copper 1042 ug/I
NI-Mckel 1067 ug/I
Pb-Lead 1051 ugA
Zn-Zlnc 1092 ug/I
A Ilver 1077 USA
APAluminum 1105 ug/I
Ba-Beryllium 1012 ug/I
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ugA
Fa -Iron 1045 ugA
T S B C G
GNXX
LI-Lithium 1132
ug/1
Mg -Magnesium 927
mgA
Mn-Manganese 1055
ug/1
Na.Sodlum 929
mg/1
Arsenfc:Total 1002
ug/I
Se -Selenium 1147
ug/i
Hg-Mercury 71900
ug/1
Organochlorine Pesticides
Orgsnopboq*Kmm Pesticides
Acid Herbicides
Base/ Neutral Extractable Organies
Acid Extractable Organics
Purgeable Organlcs'(VOA bottle reg'd)
Phytoplankton
Sampling Point
Conductance at 25 C
04ater Temperature 0
A.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
PH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300
400
82244 43I
82243 182242
20
Salinity X
Precipitlon On/day)
Cloud Cover X
Wind Direction (]eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity ht/Fi
can Stream Depth ft
Stream Width It.
480
45
32
36
1351
11350
135
64 &
14
1/Revised 10/96

DIVISION OF WATER QUALITY
Chemistry 1aboralor'y Report 7 Water Quality
w] 5AMPL;nPr_
COUNTY SAMPSON PRIOR]
TY
RIVERBASIN: AMBIENT � QA I � STREAM � EFFLUENT
REPORT TO FRO Regional Office COMPLIANCE CHAIN OF CUSTODY I LAKE INFLUENT
Other EMERGENCY VIS]TID ESTUARY
COLLECTOR(S) : J HASTY ..
IabNumber :
3W1352
Dale Received:
2/28/2003
Time Received:
930 AM
Received By
DS
Data Re]lased :
31 �31
AR
Date Reported:
3/13/2003
Falitrated BOD Range. Station Location. M]DKPOINT
Seed: Chlorinated: Remarks:
Station M Date Begin (yylmmldd) Date End (yylmmtdd) Time Beliin Time End Depth - DM, D6, DBM Value Type- A, 11, L Compodt -T, 5, B Sample Type
200.'i0227 1 ISO
X
BOD 310 150 m L
COD Hi h 34O m L
ODD Law 335 m L
Coliform: MF Fecal31616 100rn1
Cofiform: MP Total31504 100m1
Coliform: tube Fecal31615 1OOml
Coliform: Fecal Strep 31673 100m1
Residue: Total 500 m L
Volatile 505 m L
Fixed 510 MA/1.
Residue: Sus nded 5.10 mgl L
Volatile535 mg/I,
Fixed 540 m L
H 403 units
Acidity to pH4.5436 mgl L
Acidity to PH 83435 m L
Alkalini to PH8.3415 MRIL
Alkalinity to PH4.5410 m L
TOC 680 MPIL
Turbidity 76 NTU
Coliform Total Tube " 100 mis
COMME1975 :
Chlndde 940
m
L
Chi a: Tri 32217
u
L
Chi a: Carr 32209
uAl
L
('Theo h tin a 32213
u
L
Color: True 80
C.U.
Calnr: (pli 83 PH.
c.u.
Color: PH 7.6 82
C.U.
Cyanide 720
m
L
Fluoride951
mgfL
Formaldehyde 71680
m
L
Grease and Oils 556
m
L
Hardness Total900
m
L
Specific Cord, 95
umhos cm2
MBAS38260
m
L
Phenols327.10
u
L
Sulfate 945
mgIL
Sulfide 745
m
L
Baron
Tannin & LI nin
u
L
Hexavolent Chromium
u
L
Bicarbonnte
rn
L
Carbonate
m
L
X
NH3asN610
100
m
L
X
TKN an N 625
120
m
L
X
NO2 plus NO3 as N 6.10
0.53
m
L
X
P: Total as P 665
14
MAIL
PO4 as P 70507
MR1
L
P. Dissolved as P 666
m
L
K-Potassium
m
L
Cd. Cadmium 1027
u
1.
Crihmmium:Total10?4
u
1.
Co. Copvcr 1042
u
1.
Ni-Nickcl1067
u
1.
Pb- Lead 1051
u
L
Zn- Zinc 1092
u
L
IV -Vanadium
u
L
AR. Silver 1077
u
L
Al. Aluminum 1105
u
L
Be Ilium 1012
v
L
Co-Co]dum916
m
L
Co- Cobi111037
u
1.
FL, Iron 1045
u
L
Li -Lithium 1132 u L
Mx- Manesium927 m L
Mn-Mnn anew 1055 u L
Na-Sodium929 m L
Arsenic:Total1002 u L
Se-Seleniumi147 u L
Fig. Mercua 71900 u L
Ba Barium u L
Or anochiorine Pesticides
Or ann has horu. Prsticldea
Acid Hcrblcides
Base Neutral&Acid Extractable Organics
7PH Diesel Rang c
Pursteable Organics(VOA bottle 'd
TPH Gasoline RanyLe
TPH BTE)(GasolineRan c
Ph to lanktan
' MAR 1 8
I

i11V1blUN (JF 1_NV(H'ONMENTAL MANAGEMENT WATER ALOEL AB FORM (DM1)
COUN TV PRICY TYPE
RIVER BASIN
REPORT TO; AR O RO-RRO WaRO WIRO WSRO TS ❑AMBIENT QA ❑ STREAM EFFLUENT
AT SM ❑COMPLIANCE [XCHAIN ❑ LAKE ❑ INFLUENT
Other
OF CUSTODY
Shipped by; 8�uri Taff. Other ❑EMERGENCY ❑ESTUARY
Irei��
V= I.rh el-.. nhlr v
Lab Number:
Date Recelved ajo3 Tim .
Ree'd byt 11=> I From; Bus ourie and Del
DATA ENTRY BY: CK:
DATE REPORTED:
Estimated BOD RanSe:_0-5/5-25/25-_65/40.130 or 100 plusSend: Yes Yes No ❑ Chlorinated: Yes 0 .No ❑ REMARKS:
Station Date Begin (yy/mm/dd) I Time Begin late End Time Ent Depth DM DB DBM Value Type Composite SampTy
(J� aZ�,�11� < A H L. S B.IcloGpc
bNXX
1
BOD5.110 mg/I
2
COD High 340 mg/1
3
COD Low 335 mg/1
4
Collform; MF Fecal 31616 /loom]
5
Collform: MF Total 31504 /100m1
6
Collform: Tube Fecal 31615 /loom]
7
Collforir: Focal Strep 31673 /IOOmI
S
Residua: Total 500 mg/I
9
volatile 505 mg/l
10
Fixed 510 mg/I
11
Realduit: Suspended 530 mg/1
12
Volatile 535 mg/I
13
Fixed 540 mg/I
14
PH 403 units
15
Acidity to PH 4.5 436 mg/1
16
Acidity to PH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/I
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 6E0 mg/I
20
Turbidity 76 NTU
Chloride 94o mg/I
Chi a. Tri 32217 ug/l
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/l
Color: True 80 Pt -Co
Color.(pH ) 83 ADMI
Color: pH 7.6 82 ADMI.
Cyanide 720 mg/I
Fluoride 951 mg/1
Formaldehyde 71880 mg/t
Grease and Oils 556 mg/I
Hardness Total900 mg/1
Specific Cond. 95 uMhos/cent
MBAS 38260 mg/l
Phenols 32730 ug/l
Sulfate 945 mg/1
Sulfide 745 mg/t
NH3 as N 610 mg/1
TKN as N 625 m1lA
NO2 plus NO3 as N 630 mg/I
P. Total as P 665 mg/1
PO4 as P 70507 mg/1
P: Dissolved as P 666 mg/l
Cd-Cadmium 1027 ugA
CrChromiumTotat 1034 ug/1
Cu-Copper 1042 ug/l
Ni-Nickel 1067 ug/l
Pb-Lead 1051 ugA
ZnrZlnc 1092 u9/1
Argliver 1077 ugA
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/l
Ca-Calclum 916 me/I
Co -Cobalt 1037 ug/l
Fe -Iron 1045 uaA
LI-Lithium 1132 uaA
Mg-Magneslum 927 InOA
Mn-Manganese 1055 USA
Na-Sodlum 929 mg/I
Arsenic:Total 1002 ug/I
Se-Selenlum 1147 u0/1
Mg -Mercury 71900 u9/1
Organochlorine Pesticides
Organoptwsphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point X
Conductance at 25 C
Water Temperature 40
A.O. mg/]
pH
Alkalinity
Acidity
Air Temperature ICY
PH 8.3 PH 4.5
pH 4.5 pH 9.3
2
94
10
300 1•
400 1•
82244 1 431
82243 182242
20
Salinity X
Precipltion On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/11
can Stream Depth It.
Stream Width ft.
480
45
32
36
1351
1350
35
64
4
DMI/Revised 10/86

DIVISION OF WATER QUALITY
Chtmisiry Labaratary Report! Water Quailq
WD SAMPLE TYPE
COUNTY SAMPSON IPR 091
RIVER BASIN : ❑ AMBIENT QA STREAM X❑ EFFLUENT
REPORTTO FRO Regional Office EJ COMPLIANCE CHAINOFCUSTODY LAKE INFLUENT
Other : ❑ EMERGENCY VISIT ID ESTUARY
COLLECTOR(S) : j HAM [�
tabNUmbcr
3W1351
Date Received ;
2/2B/21103
Time Received;
9:30 AM
Received By ;
3 �3
Data leased :
R
Date Reported :
3/1312003
Estlatated ROD Range: Station [.oration: SOURCE
Seed: Chlorinated: Remarlu:
Sutton N Dale Begin (yylmwddd) Dale End jyylmm/dd1 Time Begin Time End Depth - DM, DR, DBM Valat Type- A,11, I, CompodteT, S B Sampit 1 ype
2(1030227 1750
X
BOD 310 170 m L
COD High 340 m L
COD Law 335 MgjL
Cal wrtc MF Fecal 31616 100m1
Colifurm: MFTotal 31504 100ml
Coliform: tube Fecal 31615 10Dm1
Coliform: Fecal Strep 31673 Z100.1
Residue: Total SW m L
Vnlatilt 505 m L
Fixed 51D m L
Residue Suspended 5.30 m 1-
Voiatilc535 mgz L
Flied 540 m L
H 403 units
Acidity to PH 45436 m L
Acidi to pH83435 m L
Alkalinity to pH63415 mALL
Alkalinity to pH45410 m 1.
TOC 680 m L
,Turbidity 76 NTU
Coliform Total Tube 100 mis
COMMENTS:
Chloride 940
mF1
L
Chi a: Tri 32217
u
L
Chi a: Corr 32209
u
L
Pheophytin a 32213
uyj
L
Calor: True SO
C.u,
Color, H 83 H.
c.u.
Color. PH 7,6 82
c.".
Cyanide 720
ra
L
FluorMe951
m
L
Formnldeh de71&W
mVjL
Grease and Oil,%556
m
L
Hardness Total900
m
L
SE=ificCond.95
umhus crn2
MBAS38260
m
L
Phenols 32730
UFZL
Sulfaic945
rn
1.
Sulfide 745
m
L
Boron
Tannin & i3 nin
ugiL
Hexavaleni Chmmium
u
L
Bicarbonate
m
L
Carbonate
mgl
L
X
NH3 as N610
110
m
L
X
TKN an N 625
120
m
L
X
NO2 plus NO3 as N 6M
0.12
m
L
X
P: Total as P 665
19
m
L
PO4 as P 70507
m
L
P: Dissolved as P 666
rnpj
L
K-Potassium
m
L
Cif- Cadmium 1D27
u
L
Cr-Chromlum:TotalIUM
u
L
Cu-Cn rID42
u
L
Ni-Nickel 067
u
L
Pb-I.ead IMI
u
L
7.n- Zinc ID92
u
L
V-Vanadium
u
L
A-Silvcr1077
u
L
Al. Aluminum 1105
u
L
11e-Beryllium 1012
u
L
Ca, Calcium 916
m
L
Ca- Cobalt 1037
u
I.
Fe. Iron 1045
u
L
Li -Lithium 1112 u L
M -Ma Ium927 L
Mri-Man anese1055 u L
No-Sodium929 mpjL
Arsenic:Tota11002 u L
Se• Selenium1147 u L
H - Mercury 71900 u L
Ba Barium u L
CT nochlorine Pesticides
Or ano hos horua Pesticides
Acid Herbicldm
Sax Neutral&Acid Extractable organic
TPH Dlrsel Ran e
PuMcable Organics (VOA battle 'd
TPH Gasoline Range
TPHI MX Gasoline Range
Ph to lankion
1'!A
r 18 2UGj

rur ,.dU Uwe UNLY
........MANAL; ML-NL
WArL:l(
Q TY
M1)
COUP ✓��'f
PRIORITY
❑AMBIENT
❑ COMPLIANCE
❑EMERGENCY
C�::
❑ QA ❑ STREAM
X.CHAIN ❑ LAKE
OF CUSTODY
❑ESTUARY
❑
EFFLUENT
INFLUENT
RIVER BASIN tpGi
REPORT TO: AR�- MRO RRO WaRO WiRO WSRO TS
AT BM
Other
Shipped by: By C cur , Staff, Other
Lab Number:
Date Received: /X�x� Vj Time.-
Rec'd by: _ From: Bu -Goode Hand Del
DATA ENTRY BY: CK:
DATE REPORTED:
COLLECTORIS): G ti
Estimated SOD Range: 0-6/5-25/25-65/ 130 or 100 plus STATION LOCATION:
Seed: Yes D No❑ Chlorinated: Yes[] No ❑ REMARKS: -
Station # Date Begin,(yy/mm/dd) Time Begin Date End
_ 103 o Z 2-7 / %so
1
BOD5:110 mg/I
OD High 340 moll
2
3
COD Low 335 mg/1
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100ml
6
Coliforct: Tube Feral 31615 /100ml
7
Collform. Fecal Strap 31673 /100ml
Residue Total50D mg/I
a
9
Volatile 505
10
Fixed 51.0
11
Residue: Suspended 530
12
Volatile 535
13
Fixed 540
14
pH 403
15
Acidity to pH 4.5 436
16
Acidity to pH 8.3 435
17
Alkalinity to pH 9.3 415
18
Alkalinity to pH 4.5 410
19
TOC 690
20
Turbidity 76
Sampling Point % Conductance at 25 C
2
91
S.Ilnity x
010
mg/1
mg/1
mg/I
units
mg/1
mg/I
mgA
mg/1
mg/1
N•[ U
Time EndlDepth
Chloride 940 mg/I
Chi a: TO 32217 ug/I
Chi a: Corr 32209 ug/1
Pheophytln a 32213 ug/l
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color; pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils $56 m9/1
Hardness Total900 mg/f
Specific Cond. 95 uMhos/cm2
MBAS 39260 mg/I
Phenols 32730 ug/I
Sulfate 945 mg/I
Sulfide 745 mg/I
Value Type
A H L
NH3 as N 610 mg/l
TKN as N 625 mg/1
NO2 plus NO3 as N 630 mg/I
P: Total as P 665 mg/l
PO4 an P 70507 mg/I
P: Dissolved as P 666 mg/I
CdCadmium 1027 ug/I
Cr-Chromlum TWA1 1034 usA
Cu-Copper 1D42 ug/1
NI -Nickel 1067 ug/I
Pb-Lend 1051 u9A
Zr-Zinc 1092 uuA
Ag iiver 1077 ug/I
AI -Aluminum 1105 ug/1
Be -Beryllium 1012 ug/l
CaCalclum 916 mg/I
Cu-Cobalt 1037 ug/l
Fe -Iron 1045 uSA
Composite Sample
T S B C G GNXX
LI-Lithium 1139 ug/1
Mg-Magneslurn 927 mg/I
Mn-Manganese 1055 ug/1
Na-Sodium 929 mg/I
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Orsanoplwrptnrus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organic& (VOA bottle reg'd)
Phytoplankton
Water Temperature C
D.O. rA9A
pH
Alkalinity
Acidity Air Temperature ICI
PH 82 pH 4.5
pH 4.5 pH 8.3
10
300 •
400 1•
82244 431
82243 t82242 20
Precipition (In/day)
Cloud Cover
Wind Direction 0]eg)
Strearn Flow Severity
Turbidity Severity
Wind Velocity M/N
can Stream Depth it
Stream Width It.
45
32
36
1351
1350
35
64
4
DMl/Revised 10/86

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;-7:A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 7, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Administrative Code 15A NCAC.2H .0217
Simon Spell Farm
Facility No. 82-388
Sampson County
Dear Mr. Spell:
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
You are hereby notified that, having been deemed permitted to have a non discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been
found to be in violation of your 2H .02.17 Permit.
On February 26, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality responded to a call about a high freeboard level at the Simon Spell hog farm in Sampson
County. The site visit revealed that the lagoon was in fact within the storm storage. The level at
the time of the visit was approximately seventeen (17) inches. Irrigation was being performed at
the time of the visit. The fields were wet due to the recent rains and after discussing the ,
possibility of stopping the irrigation due to the soil conditions, you informed DWQ that you were
going to get the lagoon back to nineteen inches. DWQ inspectors expressed that there was no
need to try and get the lagoon back into compliance on this day since rains were forecast for later
in the afternoon and evening. DWQ staff expressed the need for you to monitor the irrigation
carefully and not to let the waste leave the field if, in fact, you were to continue to irrigate. Staff
advised you that we would return the following morning to check on the irrigation event. When
DWQ staff arrived on the morning of 2-27-63 at approximately 10:30 a.m., what appeared to be
waste water mixed with rain water was observed exiting the application field on the north -end
from a drainage feature. Staff tracked the waste through the woods to its confluence with an
underground spring which flows to Buckhom-Creek which is Class C-SW waters. Samples were
taken of the run off.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Rhone: 910-486-15411FAX: [phone]nternet: «ww.enr.state.nc.us;ENR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Mr. Spell
5-7-03
Page 2
You are hereby notified that based on the above information, the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this
violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000.00 per day per violation.
If you have 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 May M. 2003 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone]
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dawn Williamson -Brown's of Carolina
Central Files - Raleigh

HCDEHR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 7, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
1317 Chancey Road
Clinton, NC 28328
Subject: Notice of ViolationlNotice of Intent
Administrative Code 15A NCAC 2H .0217
Simon Spell Farm
Facility No. 82-388
Sampson County
Dear Mr. Spell:
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
You are hereby notified that, having been deemed permitted to have a non discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been
found to be in violation of your 2H .0217 Permit.
On February 26, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality responded to a call about a high freeboard level at the Simon Spell hoc, farm in Sampson
County. The site visit revealed that the lagoon was in fact within the storm storage. The level at
the time of the visit was approximately seventeen (17) inches. Irrigation was being performed at
the time of the visit_ The fields were wet due to the recent rains and after discussing the
possibility of stopping the irrigation due to the soil conditions, you informed DWQ that you were
going to get the lagoon back to nineteen inches. DWQ inspectors expressed that there was no
need to try and get the lagoon back into compliance on this day since rains were forecast for later
in the afternoon and evening. DWQ staff expressed the need for you to monitor the irrigation
carefully and not to let the waste leave the field if, in fact, you were to continue to irrigate. Staff
advised you that we would return the following morning to check on the irrigation event. When
DWQ staff arrived on the moming of 2-27-03 at approximately 10:30 a-m., what appeared to be
waste water mixed with rain water was observed exiting the application field on the north end
from a drainage feature. Staff tracked the waste through the woods to its confluence with an
underground spring which flows to Buckhom Creek which is Class C-SW waters. Samples were
taken of the run off.
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville. North Carolina 28301-5043
Phone: [phone](FAX: [phone] Internet: 1 «l�.cnrstat_.n�.�iti E Et
An Equal Opportunity 1 Affirmative Action Employer — 500% Recycled 110% Post Consumer Paper

Mr. Spell
5-7-03
Page 2
You are hereby notified that based on the above information, the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this
violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000.00 per day per violation.
If you have 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 May 16, 2003 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone]
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dawn Williamson -Brown's of Carolina
Central Files - Raleigh

N-orth Carolina
Department oz Environment and Natural Resources tT5 : '
Division of Water Quality ���► �■,
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr'T. Stevens, Director
March 13, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
2101 Chancey Road
Clinton, NC 28328
Subject: Notice of Deficiency
Simon Spell Hog Farm
Facilitv No_ 82 - 388
Permit No. AWS820388
Sampson County
Dear Mr. Spell:
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 deficient in your 2H
.0217 Pennit.
On December 20, 2000, you or staff from your farm, notified the Fayetteville Regional Office of the
Division of Water Quality that the freeboard level of the lagoon was less than the minimum (approximately
17 inches) required in the General Permit for this facility. On December 21, 2000, staff from the Division of
Water Quality conducted an annual inspection of the farm to verifi, the reported condition of the lagoon. The
inspection revealed that the lagoon level was less than that required by the General Permit condition III.6.e.
1khich states: " The Permitter shall report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the
following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or
equal to that required in Condition V (3) of this General Permit."
The Division of Water Quality -,%,ill take no further action for this reported incident at this time. The
Division of Water Quality requests that you advise the Fayetteville Regional Office when the farm is back in
compliance with its General Permit for freeboard required at your facility.
Failure to comply with the above condition may result in the facility losing its General Permit and being
required to obtain an individual non discharge permit for the facility.
225 GREEN STREET- SUITE 7141 SYSTEL $UILDI,NG / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] I, WW FNR-STATE NC. 1 1-
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/I0% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE. [phone]

Page 2
Mr. Spell
March 13, 2001
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely;
Robert F. Heath
Environmental Specialist
■ N I
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Favetteville Office
Glen Davis -Brown's of Carolina
Central Filcs-Raleigh

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Wafter Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Simon Spell
Simon Spell Farm
2101 Chancey Rd
Clinton NC 28328
Dear Mr. Spell:
lkf?WA
IT 0 *
A&Va
IDEHNR
April 3, 199.7 " " � Q� r D
APR 0 7 1997
FAYETTEVi'LL
REG. OFFi CE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Simon Spell Farm ...
Facility Number 82-388
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997- This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and.
Certification Group at {919}733-0026.
Sincerely, N�
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet l
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535. ��y� FAX [phone]
Raleigh, North Carolina 27626-0535 *vC An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

HIGH FREEBOARD NOTIFICATION
DATE/,nmE z %�
D'WQ Gorrtact ah f��
Name of Person
contacting DWQ Telephone No.( }
FARM Name
County
Facility No. by
Freeboard level of the Lagoon: _
Conditions of the sproy fields:
NARRATIVE: {include ony instructions given to the farmer at the time of the calQ
(A copy of each notification should be forworded to the 'GAFD BO)C in John HastVs office
as soon as possible}
I

HIGH FREEBOARD NOTIFICATION
DATE,MME
DWQ Contact
Name of Person
contacting DWCZ S ,E/l Telephone Nof
FARM Name
County 4� _
Facility No. F2 `-TF�
Freeboard level of the Lagoon: S f
Gonditions of the spray fields: 6'lC
NARRATIVE: (Include any instructions given to the farmer at the time of the call)
�
(A copy of each notification should be forwarded to the 'GAFO BOX' in John Hostys office
as soon as possible)

North Carolina
Department of Environment and Natural Resources
Division of Water Quality A � lk
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
March 13, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Spell
2101 Chancey Road
Clinton, NC 28328
Subject: Natice_of Deficiency
Simon Spell Hog Farm
Facility No. 82 - 388
Permit No. AWS820388
Sampson County
Dear Mr. Spell:
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 deficient in your 2H
.0217 Permit.
On December 20, 2000, you or staff from your farm, notified the Fayetteville Regional Office of the
Division of Water Quality that the freeboard level of the lagoon was less than the minimum (approximately
17 inches) required in the General Permit for this facility. On December 21, 2000, staff from the Division of
Water Quality conducted an annual inspection of the farm to verify the reported condition of the lagoon. The
inspection.revealed that the lagoon level was less than that required by the General Permit condition 111.6.e.
which states: " The Permittee shall report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the
following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or
equal to that required in Condition V (3) of this General Permit."
The Division of Water Quality will take no further action for this reported incident at this time. The
Division of Water Quality requests that you advise the Fayetteville Regional Office when the farm is back in
compliance with its General Permit for freeboard required at your facility.
Failure to comply with the above condition may result in the facility losing its General Permit and being
required to obtain an individual non discharge permit for the facility_
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] W W W. T /EN
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I0% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Page 2
Mr. Spell
March 13, 2001
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
i
Robert F.Heath
Environmental Specialist
RFH/bh
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Glen Davis -Brown's of Carolina
Central Files -Raleigh