090170_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 28, 1998
Mr. Greg Brown
P. O. Box 487
Warsaw, NC 28398
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Brown's of Carolina, Farm # 30
Facility No. 09-170
Bladen County
Dear Mr. Brown:
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 January 23, 1998, staff from the Fayetteville Regional Office of the Division of Water
Quality performed a follow-up inspection of Brown's of Carolina Farm #30 in Bladen County. The
inspection revealed that the freeboard level was less than the required minimum of nineteen (19) inches.
The Division of Water Quality requests that the following item(s) be addressed:
1. Immediately lower the lagoon level to the required nineteen inch minimum, weather
permitting.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/10% post -consumer paper

Mr. Brown
1-28-98
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide a written response to this office on or before Grua J0, 1998, J0,199_8 regarding
corrective actions taken or planned. 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,
�, a- - -,. % -�
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

AN-21-97 THU 8.11 AM $ROWN' S OF CAROLINA FAX NO. 9102934184 P. 1
e . e RECEIVED
FkWETTEViLLE
August 20, 1997 REG. OFFICE
Robert Heath
DEHNR — Ground Water Section
Suite 714 Wachovia Building
Fayetteville, N.C. 28301
Dear Mr. Heath,
This letter is in response to the certified mail received regarding Brown's of
Carolina farm #30, Registration No. 09-170, Brown's of Carolina farm #27,
Registration No. 09-129 and Brown's of Carolina farm #94, Registration No. 78-85.
BOC-30:
This lagoon now has the required 20" freeboard. 1 reported this by phone to Ed
Buckan the week of August 11, 1997. The eroded areas are being addressed to ensure the
quality of this farm. The mowing of the dikes will be maintained properly,
BOC-27:
The bermuda has been sprigged. Other eroded areas will be regraded and
reseeded. Also, necessary mowing will be done.
BOC-94
We were not notified that this inspection was taking place. If so, our complex
managers and / or Sonya Johnson would have been available to assist your staff with the
inspections, which helps us to see and discuss any problems at the same time. The waste
management plan is being included,
Please note that Sonya Johnson is no longer with Brown's of Carolina, Inc., and if
you have any questions regarding any of our facilities. please let me know,
?Jirnmyinson
Sincerely.
Y�
BROWN'S OF CAROLINA, INC.
75 FIWY 24 FAST - P.O. SOX 487 - WARSAW. N.C. 28398 - PHONE [phone]

AG-:21-97 THU 8:11 AM BROWN'S OF CAROLINA FAX NO, 9102934184
r
NUTR15NT MANAGEMENT PLAN
Grower(s):
Farm Name:
County:
Production Unit:
No. of Animal Units:
Type of Waste Facility:
Temporary Storage Period:
Animal Unit Equiv, Live Wt:
LbstAnlmal Unit /Year.
Lbs of Plant Avail. N:
Brown's of Carolina
Farm 94
Robeson
Feed -Finish
16000
Anaerobic Lagoon
180 days
135
2.3
36800
This waste utilization plan is based on the following fields, soil types, and crops. If this
information should change, please contact the Natural Resource Conservation Service
or Brawn's of Carolina , Inc. so that a new plan can be written.
P, 2
Tract
Field
' Soil
Crop
Yield
Ibs NI
Acres
Ibs N The N Time to
Type
I Code
I _ IAc
un
I
ual I Required I Apply
7473
1
DAI>r
N
55
2.4
6.50
20.00'
728,00
S-April
7473
2
Co
N
50
2.4
45.00
20.00
4500,00
S April
7473
3
GeA 40
N
60
2.4
23.00
20.00
2852.00
S-April
7473
4
Co
N
50
2.4
33.00
20.00
3300.00
S-April
7473
11
Co
N
50
2.4
8.00
20.00
800.00
S-April
7473
10
Ra
N
55
2.4
40.00
20.00
4480.00
S-April
7473
5
Ly
N
50
2.4
15.00
20,00
1500.00
S-April
7473
8
Ly
N
50
2.4
7.50
20.00
750.00
S-April
7473
1
BrrDr
0
38
4
6.50
0.00
988.00
June-S
7473
2
Co
0
33
4
45.00
0.00
5940.00
June-S
7473
3
J;kWo
0
35
4
23.00
0.00
3220.00
June-S
7473
4
Co
0
33
4
33.00
0.00
4356.00
June-S
7473
11
Co
0
33
4
8.00
0.00
1056.00
June-S
7473
10
Ra
0
33
4
40.00
0.00
5280.00
June-S
7473
5
Ly
O
28
4
15.00
0.00
'1680.00
June-S
7473
6
Ly
0
28
4
7.50
0.00
840.00
June-S
-r--------
--- r--------------------------------
Total
178
--------------r
42270
-------rw---w-
Available
N
36800
*Difference
-5470

AUG-21-97 TEU 8.12 AM 3ROWN' S OF CAROLINA FAX NO. 9102934184 P. 3
A. Barley (1.6 lb Nlbu)
8. Bermuda Grazed (50 Ibs Nlton)
C. Bermuda Hay (50 lbs Mon)
D. Corn Grain (1.25 lbs Nlbu)
E. Com Silage (12 lbs N/ton)
F. Cotton (0.12 lbs Nubs lint)
G. Fescue Grazed (50 lbs Mon)
H. Fescue Hay (50 lbs Nlton)
I. Oats (1.3 lbs N/bu)
J. Rye (2.4 lbs Nlbu)
K, Sm. Grain Grazed (100 lbs Nlac)
L. Sm, Grain Hey (133 lbs Nlac)
M. Grain Sorghum (2.5 lbs Nlcwt)
N. Wheat (2.4 lbs N/bu)
O- 5t4eAvS
' A negative number reflects the total number of lbs of additional N needed to achieve
yields on acreage shown In chart. A positive number means additional land is required
to utilize the N produced by the animals.
This nutrient management plan has been specifically developed for this swine operation.
The plan is based on the soil types, crops to be grown, and method of applicdation for
this particular operation. The waste must be land applied at a specified rate to prevent
pollution of surface and/or ground water. The plant nutrients in the animal waste should
be used to reduce the ammount of commercial fertilizer required for the crops where the
waste Is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle and annual soil tests are
encouraged.so that all plant nutrients can be balanced for realistic yields of the crop to
be grown.
Several factors are Important in implementing this nutrient management plan in order to
maximize the fertilizer value of the waste and to ensure that It is applied in an environment-
ally safe manner. Always apply waste based on the needs of the crop to be grown and the
nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil
types are Important as they have different infiltration rates and leaching potential. Waste
shall not be applied to land eroding at greater than five tons per acre per year. Do not
apply waste on saturated soils or on to land when the surface is frozen. Either of these
conditions may result In runoff to surface waters. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of
nutrients for crop production and to reduce the potential for pollution, the waste should
be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation
of waste will conserve nutrients and reduce odor problems.
The acres needed to apply the animal waste is based on typical nutrient content for this
type of facility. Annual acreage requirements may be more or less depending upon the
waste analysis report for your waste management facility.
Addltlonat Comments:

AUG=21-97 THU 8:12 AM BROWN'S OF CAROLINA FAX NO. 9102934184 P. 4
%..I' �W/
APPLICATION OF WASTE BY IRRIGATION:
The Irrigation application rate should not exceed the Intake rate of the soil at the time of Irrigation
such that runoff or ponding occurs. This rate Is limited by initial soil moisture content, soil
structure, soil texture, water droplet size, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of irrigation nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irrigation Is the method of land application for this plan, it Is the responsibility of the
producer and Irrigation designer to ensure that an irrigation system is installed to properly
Irrigate the acres shown in the preceding table. Failure to apply the recommended rates and
amounts of nitrogen shown In the tables may make this plan invalid.
The following Is provided as a guide for establishing application rates and amounts.
Tract,
Field
Soli
Type
IApplication
Cro
Rate I Application Amount
inlhr • inches
0.50 1.50
7473
1
Dr
N,O
7473
2
Co
N,O
0.35 1,50
7473
3
GbA
N,O
0.50 .1 1.50
7473
4
Co
N,0
0.35 1.50
7473
11
Co
N, 0
0.35 1.50
7473
10
Ra
N, 0
0.40 0.95 -'
7473
5
Ly
N,0
0.65 0.75
7473
6
Ly
N, 0
0.65 i 0.75
*This Is the maximum application amount allowed for the soil assuming the amount
of nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen Ilmitation. The maximum
application amount shown can be applied under optimum soil conditions.
Pager 1

"AUG-21-97 THU 8:13 AM BROWN'S 4F CAROLINA
FAX NO. 9102934184
P. 5
Prepared by:
Title:
Concurred In by
Producer
Date: , / -- %'i6 .
Date: 0'1V-9k
I understand that 1 must own or have access to equipment, primarily irrigation equipment,
to land apply the animal waste described in this nutrient management plan. This
equipment must be available at the appropriate pumping time such that no discharge
occurs from the lagoon In a 25-year 1-day storm event. I also certify that the waste
will be applied on the land according to this plan at the appropriate times and at rates
which produce no runoff,
Date: /0�67 _0
41
Date: / 4 ' f V

OWN 1
INARROL
Robert Heath
DEHNR — Ground Water Section
Suite 714 Wachovia Building
Fayetteville, N.C. 28301
Dear Mr. Heath,
RECEIVED
4UG' 2 2 1997,
REG� p� jCE
August 20, 1997
This letter is in response to the certified mail received regarding Brown's of
Carolina farm #30, Registration No. 09-170, Brown's of Carolina farm #27,
Registration No. 09-129 and Brown's of Carolina farm #94, Registration No. 78-85.
BOC-30:
This lagoon now has the required 20" freeboard. I reported this ,by phone to Ed
Buckan the week of August 11, 1997. The eroded areas are being addressed to ensure the
quality of this farm. The mowing of the dikes will be maintained properly.
BOC-27:
. The bermuda has been sprigged. Other eroded areas will be regraded and
reseeded. Also, necessary mowing will be done.
BOC-94:
We were not notified that this inspection was taking place. If so, our complex
managers and / or Sonya Johnson would have been available to assist your staff with the
inspections, which helps us to see and discuss any problems at the same time. The waste
management plan is being included.
Please note that Sonya Johnson is no longer with Brown's of Carolina, Inc., and if
you have any questions regarding any of our, facilities, please let me know.
Sincerely,
?Jimmy Inson
BROWN'S OF CAROLINA. INC.
785 HWY 24 EAST - P.O. BOX 487 - WARSAW, N.C. 28398 - PHONE [phone]

NUTRIENT MANAGEMENT PLAN
Grower(s):
Farm Name:
County:
Production Unit:
No. of Animal Units:
Type of Waste Facility:
Temporary Storage Period:
Animal Unit Equiv. Live Wt:
Lbs/Animal Unit Near:
Lbs of Plant Avail. N:
Brown's of Carolina
Farm 94
Robeson
Feed -Finish
16000
Anaerobic. Lagoon
180 days
135
2.3
36800
This waste utilization plan is based on the following fields, soil types, and crops. If this
information should change, please contact the Natural Resource Conservation Service
or Brown's of Carolina , Inc. so that a new plan can be written .
Tract
Field
Soil
Crop Yield
Ibs N/ Acres IIbs N
Ibs N Time to
Type
Code IAc
unit Residual
Re uired Apply
7473
1
D 1 Dr
N
55
2.4
6.50
20.00
728.00
S-April
7473
2
Co
N
50
2.4
45.00
20.00
4500.00
S-April
7473
3
GeA 40
N
60
2.4
23.00
20.00
2852.00
S-April
7473
4
Co
N
50
2.4
33.00
20.00
3300.00
S-April
7473
11
Co
N
50
2.4
8.00
20.00
800.00
S-April
7473
10
Ra
N
55
2.4
40.00
20.00
4480.00
S-April
7473
5
Ly
N
50
2.4
15.00
20.00
1500,00
S-April
7473
6
Ly
N
50
2.4
7.50
20.00
750.00
S-April
7473
1
Df -Dr
0
38
4
6.50
0.00
988.00
June-S
7473
2
Co
0
33
4
45.00
0.00
5940.00
June-S
7473
3
GeA-OA
0
35
4
23.00
0.00
3220,00
June-S
7473
4
Co
0
33
4
33.00
0.00
4356.00
June-S
7473
11
Co
0
33
4
8.00
0.00
1056.00
June-S
7473
10
Ra
0
33
4
40.00
0.00
5280.00
June-S
7473
5
Ly
0
28
4
15.00
0.00
1680.00
June-S
7473
6
Ly
0
28
4
7.50
0.00
840.00
June-S
-------------------------------------------------------- -------------
Total 178 178 42270
Available N 36800
*Difference -5470

A. Barley (1.6 lb N/bu)
B. Bermuda Grazed (50 lbs N/ton)
C. Bermuda Hay (50 lbs N/ton)
D. Corn Grain (1.25 lbs N/bu)
E. Corn Silage (12 Ibs N/ton)
F. Cotton (0.12 lbs N/Ibs lint)
G. Fescue Grazed (50 lbs N/ton)
H. Fescue Hay (50 lbs N/ton)
1. Oats (1.3 lbs N/bu)
J. Rye (2.4 lbs N/bu)
K. Sm. Grain Grazed (100 lbs N/ac)
L. Sm. Grain Hay (133 lbs N/ac)
M. Grain Sorghum (2.5 lbs N/cwt)
N. Wheat (2.4 lbs N/bu)
O► Solbe#x�s
* A negative number reflects the total number of lbs of additional N needed to achieve
yields on acreage shown in chart. A positive number means additional land is required
to utilize the N produced by the animals.
This nutrient management plan has been specifically developed for this swine operation.
The plan is based on the soil types, crops to be grown, and method of applicdation for
this particular operation. The waste must be land applied at a specified rate to prevent
pollution of surface and/or ground water. The plant nutrients in the animal waste should
be used to reduce the ammount of commercial fertilizer required for the crops where the
waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle and annual soil tests are
encouraged so that all plant nutrients can be balanced for realistic yields of the crop to
be grown.
Several factors are important in implementing this nutrient management plan in order to
maximize the fertilizer value of the waste and to ensure that it is applied in an environment-
ally safe manner. Always apply waste based on the needs of the crop to be grown and the
nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil
types are important as they have different infiltration rates and leaching potential. Waste
shall not be applied to land eroding at greater than five tons per acre per year. Do not
apply waste on saturated soils or on to land when the surface is frozen. Either of these
conditions may result in runoff to surface waters. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of
nutrients for crop production and to reduce the potential for pollution, the waste should
be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation
of waste will conserve nutrients and reduce odor problems.
The acres needed to apply the animal waste is based on typical nutrient content for this
type of facility. Annual acreage requirements may be more or less depending upon the
waste analysis report for your waste management facility.
Additional Comments;

APPLICATION OF WASTE BY IRRIGATION:
The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation
such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil
structure, soil texture, water droplet size, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of irrigation nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acres shown in the preceding table.. Failure to apply the recommended rates and
amounts of nitrogen shown in the tables may make this plan invalid.
The following is provided as a guide for establishing application rates and amounts.
Tract
Field
Soil
Type
Crop_inlhr
Application Rate Application Amount
* inches
0.50 1.50
7473
1
Dr
N,O
7473
2
Co
N,0
0.35 1.50
7473
3
GbA
N,O
0.50 1,50
7473
4
Co
N,0
0.35 1.50
7473
11
Co
N,0
0.35 1.50
7473
10
Ra
N,O
0.40 0.95
7473
5
Ly
N,O
0.65 0.75
7473
6
Ly
N,O
0.65 0.75
*This is the maximum application amount allowed for the soil assuming the amount
of nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Page: 1

Prepared by: Date:
Title:
Concurred in by�Date:
Producer
understand that I must own or have access to equipment , primarily irrigation equipment,
to land apply the animal waste described in this nutrient management plan. This
equipment must be available at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste
will be applied on the land according to this plan at the appropriate times and at rates
which produce no runoff.
Date:
cer
Date:1L�
Tec nica! S alit -�--- -- --_
I
i
J

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
July 21, 1997
Mr. Greg Brown .
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT; NOTICE OF DEFICIENCY
Brown's of Carolina Swine Farm # 30
Registration No. 09-170
BIaden County
Dear Mr. Brown:
On July 10, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the Brown's of Carolina # 30swine facility. It was observed that the
facility had recently planted the required -crops as identified in the certified animal waste
management plan (CAWMP). At the time of the inspection the lagoon freeboard was 9 inches
which is considerably less than the required 1.7 feet. In addition, you are requested to address
the following:
1. The area adjacent to the wetlands in spray field 1 beside the access road has substantial
erosion which could result in a discharge. You are requested to evaluate the irrigation equipment
in this area to prevent future runoff.
2. A map illustrating the waste application fields and the waste irrigation equipment is required
to assist in record keeping.
3. The lagoon dikes require cutting to prevent rodent harborages and the area around the
building pads requires a cover grass to prevent erosion.
Please notify this office in writing within 30 days at the address below as to the actions taken
or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
Wachovia Building, Suite 714, Fayetteville � FAX [phone]
North Carolina 28301-5043 rC An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 5096 recycled/10% post- cc,r. ;,cr; apzr

Page 2
Mr. Brown
7/21 /97 .
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
If You have any questions concerning this matter, please call Ed Buchan, Environmental
Engineer or Robert Heath, Environmental Specialist at [phone].
Sincerely,
-e
/ Z-7�10�e6
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary.
DIVISION OF WATER QUALITY
July 21, 1997
Mr. Greg Brown
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Brown's of Carolina Swine Farm # 30
Registration No. 09-170
Bladen County
Dear Mr. Brown:
On July 10, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the Brown's of Carolina # 30swine facility. It was observed that the
facility had recently planted the required crops as identified in the certified animal waste
management plan (CAWMP). At the time of the inspection the lagoon freeboard was 9 inches
which is considerably less than the required 1.7 feet. In addition, you are requested to address
the following:
1. The area adjacent to the wetlands in spray field 1 beside the access road has substantial
erosion which -could result in a discharge. You are requested to evaluate the irrigation equipment
in this area to prevent future runoff.
2. A map illustrating the waste application fields and the waste irrigation equipment is required
to assist in record keeping.
3. The lagoon dikes require cutting to prevent rodent harborages and the area around the
building pads requires a cover grass to prevent erosion.
Please notify this office in writing within 30 days at the address below as to the actions taken
or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
Wachovla Building, Suite 714, Fayetteville & FAX [phone]
North Carolina 28301-5043 NIN f An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10°'.
'per

Page 2
Mr. Brown
7/21 /97
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
If You have any questions concerning this matter, please call Ed Buchan, Environmental
Engineer or Robert Heath, Environmental Specialist at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. MRCS

WNAT,,- Michael F. Easley, Governor
o AQG William G. Ross Jr., Secretary
North Carolina Department of Envirotimmit and Natural Resources
Alan W, Klimek, P.E. Director
> Division of Water Quality
-� Coleen H. Sullins, Deputy Director
Division of Water Quality
April 5, 2004
CERTIFIED MARL
RETURN RECEIPT REQUESTED
Mr. John Bizic
P.O. Drawer 856
Warsaw, NC 28398
Subject: NOTICE OF VIOLATION
Farm #30
Facility No. 9 -170
Bladen County
Dear Mr. Bizic:
You are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H.0217 Permit.
On April 2, 2004, the Fayetteville Regional Office of the Division of Water Quality received a
complaint involving the above named facility. Upon arrival DWQ staff spoke with company
representative Walt Burney about the nature of the complaint. Mr. Burney's personnel had
applied swine wastewater to a field across from Farm # 30 on 04/01/04 and again on 04/02/04.
The application equipment used was an airway type apparatus.
Environmental Specialist 11, Larry Baxley, measured the distance from the complainant's
residence to an area of the field where it appeared wastewater had been applied. The distance was
79 feet from the end of the structure. Measurement from the backdoor to an area of the field
where it appeared wastewater had been applied was 139 feet. Both measurements were taken
with a measuring wheel. A measurement from the well house to an area of what appeared to be
applied wastewater was 103 feet. The resident present was unsure of where the actual wellhead
was located.
The subsequent inspection of the application field revealed wastewater still standing in the
tractor tire ruts and in small pools along the back edge of the field. The far back corner had a pool
of wastewater.standing there as well. Mr. Burney stated he would disc these areas lightly that
afternoon to facilitate their elimination and/or reduction.
N. C. Division of Water Quality 225 Green Street -Suite 7l4 Fayetteville, North Carolina 28301 [phone] Fax (910) 486-ti707
Q
CUM
Customer Service
1.877-623-6748

Mr. John Bizic
04-05-04
Page 2
The Division of Water Quality requests that the following items be addressed:
1. Avoid over application of waste either agronomically or hydraulically.
2. Inspect spray fields before and during irrigation to prevent application of waste to the point
of excessive ponding.
3. Modify application procedures to prevent the application of wastewater onto areas that are
within a 200-foot distance to a dwelling not owned by the producer.
Failure to comply with the above conditions may result in the facility losing its General
Permit and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
Please provide this office with a written response on or before April 21 2004 as to the
actions taken or proposed to be taken to avoid this situation in the future. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley,
Environmental Specialist, or myself at(910) 486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
LCB:PR/lcb
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
N. C. Division of Water Quality 225 Green street -suite 714 Fayetteville, North Carolina 2 83 01 [phone] Pax (9l0) 486-0707
Q
D
Customer Service
1-877.623-6748

JAyd� 31200 M0N 4 ;.26 PM BROWN S FAX [phone] -ClAf-�sLi ak
Z2!
�4 q.
sit
13 It
30
W kw% P. 1

JAN-28-b0 FR1 8:52 PM BROWN S FAX NO. 9102961675 Y. 1
' Weekly -Lagoon
Level Status
List'..
'
.-. NK 1121100
Fins Nsma U00" Ifsys1
Rein}all("")
Statusvia
\yIti'M� 4�1• i
03 _19)
0.7
04 22
0.7
M+.x.
05 20
0.7
���,_
s`�a? � A
06 26
0.7
07 20
0.7
04?-1
20
0.1
;
--- �09
18'
�:-
0.7
IN RED ZONEI >
10
20
0.1
11
22
0.6
12
22
0.7
_718:_°
:18
0.58
IN RED ZONE!
1�9"
0.63
" 16
'23
0.6
16N
25
0.5
165
28
0.5
17F
TQ.
0.5
. 7
B,'
0.5
0.4
IN RED ZONEI
21
28
0.5
22
21
0.7
23
22
0.5
24N
20
0.6
-- .245'
ti18
0.6
IN RED ZONEI
25F
22
0.7
29N
11
6.7
26
24
0.5
' 27
22
0.6
-- 28,
r17
0.6
IN RED ZONEI
29
ZO
0.4
9 ra - •.,30,2.
12."=
0.5
IN RED ZONEI
"
0.7
34
24
0.4
35
23
0.5
61
35
0.7
82
35
0.5
90
23
0.5
92
27
0.5
93A
20
0.4
-938 .
0.4
IN RED ZONEI
.w....94A"
f18,
0.6
IN RED ZONEI
,045
.17
0.0
IN RED ZONEI
G61
30
0.7
082
38
0.7
SH
25
0.7
WP
25
0.7
May. January is, 2= `rarer @goon vol: of incha@I: 1Y.9 Pape t

3
Oe ?Y"- -D09
S -rq- Dog
117v�'L- liotAv
/7 E —
1 hE `�
15 L - /0 a
�7� � - -eS
��!-E17
,e1-r,9
s 4F9 - es
.ss-d-7 -2,0 11 _C/ s "cla
7

' . 84 Hwy 24 F-ad
PO Sot 407
Wareaw, NO 2530-M7
Voles. (21 a) 29 ISM
Farr. (910) 29"166
Fm
Tom e or„/ ed Proms
BROWN'S
mo%,OF CAROLINA
RECEIVED
FEB 3 2000
FAYETTEVILLE
REG, OFFICE
!J?d 7 Peeeas
Phone Data
Res CCII
E3 Urgent E3 For Review C] Please Coonmant 131 Please Reply ❑ Please Recycle
• Coamnents:
rot QAri�P
• Page 1
r
1 d 5L919HO16 'OK Xdd S NAM Ad 11:9 cam 00-Z -HHd

FED- 2-00 WED 6:11 PM BROWN S FAX NO, 9102961675 P. 2
9 " / 9U
EMERGENCY FLAN OF ACTION
Date: February 2, 2000
Producer: 'Brown's of Carolina, Inc,
Farm; BOC 14,10, 279 319 159 239 24S9 24NF9 94A, 909 289
299 30, 91, 93AO 93B
The following steps will be used in our plan of action to lower and maintain the lagoon
level at the above mencivn d Wma t4 a lvyvl them psivri6a lihq aowtural stability and retain the
25 year, 24 hour rainfall event.
Stop 1: Monitor daily existing spray fields for a time to begin pumping.
Step 2: Monitor daily freshwater use to minimize any waste that will contribute to lagoon levels.
Step 3: Monitor pits for additional storage time in the barns.
Step 4: Evaluate lagoon marker and top of dike elevations with technical specialist to ensure
accurate level determination.
Step 3: Read lagoon levels daily by accurate measuring device.
Step 6: If the previous steps do not provide satisfactory results, then hauling to another site.

r
7-00 MON 4:54 PM BROWN S
FAX NO, 9102961675
P. 1
iiwy 24 Esat BROWN'
P
PO Boa 487
Warsaw, NC MWW7 OF CAROLINA
Vim: (goo) 2WI SW
Fax: (910) 2W6166
Fax
Tot �E?it. �tT�t From
Faso
- ' 1'
P29e61
[ �v
Phonon
Data
Ron Oct
Cl Urgent 13 For Review 0 Please Comment 0 Please Reply D Please Recycle
• Comment=
R E C E i V E "u"
F E B 12000
FAY ET i EVILLE
REG. OFFICE
0 Page 1

PEA- 7-00 MON 4:54 PM BROWN 5 FAX NO. 9102961675 P. 2
Z
BROWN'S
QF CAFROLINA .
February 7, 2000
To: DEHNR -- Fayetteville Region
From: Brow 3 or Carolina, inn.
Subject: Lagoon Levels Update,.
The following lagoons were less th,gn 1W as of February 7, 2000.
Farris N 13 .
Farm
# 14
15"
Farm
# 10
16"
Farm
Oil
170
Farm
027
164
Farm
# 31
16°
Farm
# 16
17"
Farm
# 23
15"
Farm
# 24 sow
12"
Farm
24 nursery
14" .'
Farm
}#{
# 28
17"•,
Farm
# 94A
12'
Farm
# 94B
13"
Farm
# 28
12"
Farm
# 29
15'
Farm
# 30
14"
Farm
# 91
18"
Farm
# 93A
18"•
Farm ff 03B 13"
Please call if you wish to discuss these lagoons or the actions underway to alleviate
these high levels.
Jimmy Vinson 910.2W1800 (Office) 910-290-4469 (Mobile)
Glenn Davis 910.296»1800 (Office) 910.2W0366 (Mobile)
BROWN'S OF CAROLINA, INC.
765 HWY 24 EAST • P.O. BOX 407 - WARSAW, N.C. 28398 • PHONE [phone]O

OCT-04-00 WED 02:44 PM BROWN'S OF CAROLINA!
Fig
0 urgont Q For Review
# I I 1 1
FAX NO.,0�20, 400,1,
785 HWy 24 East
DPlease Comment [ Please Roply — 0 Pleas* Rneyele
Skibju,t : Lagoon Levels Update
The following lagoons are no longer within the 19" of freeboard as,off,Member 30,
2000,
Farm' # 13
Farm # 29 210
Farm # 30 21' -9 -00
The fo1owin!) lagoon is no longer within the 19' of Freeboard as of 0 ber3,2000.
Farm # 26 19.
GUS S','ninions 910-296-1800 (Office)
Glarin Davis 910-296-18C0 (Office) 0 ile)
Ke-Jn Weston 910-296-1600 (Office)
P. 01
Z)
e.
"Cam"",

D C E
R
FAX TRANSMISSION
DENR,
FAYETTEVILLE REGIONAL OFFICE
FAYETTEVILLE, NORTH CAROLINA 28301-5043
VOICE: 910486-1541
Fax: [phone]
- '-1)
To: 'R t SvtS
Fax #: �g j �j) 7 3 3
From: d �l nra�S
Subject:
OMMENTS:
Date:
Pages (including cover): !.{

April 10, 2001
Dear Dennis,
As we discussed over the phone, here are the levels as sent from Brown's of Carolina for
the BOC Farm 430. The levels for March weren't reported and there is a letter going out to them
to this effect soon. Bob checked this lagoon and found it to be in the red. This shows 10 weeks
for the year that the lagoon has been out of compliance. The crops at this site were discussed with
the representatives on 4-9-01. The consensus was that with the pooled resources, the fields could
be reworked and a bermuda crop established this year for irrigation. The lagoon will have to be
lowered to a comfortable level on the overseed, according to Craig Westerbeek, before beginning
work on the spray fields. Shaping, drainage and sprigging are the plans for this site. Mr. Dave
Elkins will try to locate any information on the addition of clay to the lagoon bank back in late
February or early March of 2000. If there is no paper work for this addition, he advised that he
would state such and check the compaction to see if it can be signed off on. Any other
information I receive or any information that you need will be forwarded at such time.
ySinc re
,
/jh John Hasty

State of North Carolina
Department of Environment
and Natural ,Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Certified Mail
Return Receipt Requested
Mr Robert Urell
Smithfield Foods Incorporated
200 Commerce Street
Smithfield, Virginia 23430
Dear Mr. Urell:
&-w-
n
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 12, 2000 '�':'.:`;,•n", ,,., _..
Subject: Non -compliant Swine Facilities
Permit Number NC 0078344
Bladen County
Your NPDES permit number NCO078344 issued June 1, 1999 for the Tarheel Division facility,
Special Condition A (5) requires that the facility not purchase for processing, any swine finished on a
farm that has been finally assessed a Civil Penalty pursuant to General Statute 143-215.6A for
discharging animal waste to surface waters or wetland or overapplying waste. This prohibition shall
remain in effect for twelve months from the date of receipt of this letter.
The following farms have civil penalties finally assessed for discharging waste to waters of the state:
Jenkins Farm Facility 66-49
Rt 1 Box 23
Woodland NC 27897
Brown's 7 & 8 Facility 52-42
PO Box 487
Warsaw NC 28398
Smith Alderman Facility 31-6
947 Powell page Road
Rose Hill NC y28458
Previously Notified in May 30. 2000 Letter
Previously Notified in August 9, 2000 Letter
Previously Notified in August 9. 2000 Letter
William James Facility 31-36 Previously Notified in August 9, 2000 Letter
2478 Lightwood Bridge Road
Wallace NC 28466
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #5_-01-01 Raleigh. NC 27699-1617
Air Equal Opportunin, /Affirmative Action Einpla}•er
50% recN'cled / 109c post -consumer paper
hrtp://1!20. en r. state. n cats

Warren Swine Farm Facility 82-13
P. O. Box 223
Newton Grove, NC 28366
Rose Swine Farm Facility 82-101
481 Lassiter Road
Newton Grove, NC 28366
Elden Hester Facility 9-45
8326 Center Road
Baldenboro, NC 28366
Carroll's # 2537 & 2538 Facility 82-466
P.O Box 856
Warsaw, NC 28398
CarroIl's # 2546 Facility 82-464
P.O Box 856
Warsaw, NC 28398
Pork Plus Facility 82-25
P.O Box 856
Warsaw, NC 28398
Brown's # 30 Facility 9-170
PO Box 487
Warsaw, NC 28398
Previously Notified in September 18, 2000 Letter
Previously Notified in September 18, 2000 Letter
Previously Notified in September 18, 2000 Letter
Added
- Added
Added
Added: Currently Listed as a Farrow to.Wean
Operation
If you have any questions regarding this notification please contact Jeff Poupart with the Non -
Discharge Compliance and Enforcement Unit at [phone] x527.
Sincerely,
Kerr T. Stevens
cc. Larry Johnson, Smithfield Foods
Non -discharge Compliance & Enforcement Unit
Wilmington Regional Office
Fayetteville Regional Office
Central files
NPDES Permit File
Washington Regional Office
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportuninv /Affirmative Action Emploti•er
50% recycled / 10% post-consunier paper
Jrrtp://!r20.enr.stare-nc. its
Location:
512 N. Salisbury St.
Raleigh. NC 27699-1617

DIVISION OF WATER QUALITY
October 2, 2000
MEMORANDUM
TO: DWQ Files
Fayetteville Regional Office
FROM: Paul Rawls,/0
RE: Brown's of Carolina Farms
Fayetteville Region
Attached letter faxed to Mr. Guss Simmons on September 28, 2000.
/bs

=h®ENR
?'JAME9:1 .'4UNT'JR`..-i.4
OVER NOR YFzx��'•
`''�1BIL'L-HOLMAN'
"..'SECRETARY
NORTH CAROL.INA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
DIVISION OF WATER QUALITY
September 27, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Guss Simmons
Brown's of Carolina, Incorporated
Post Office Box 487
Warsaw, North Carolina 28308
SUBJECT: Continuing High Freeboard Levels
Brown's of Carolina Swine Farms
Fayetteville Region.
Dear Mr. Simmons:
This letter is to serve as follow-up to a discussion that was held with Mr. Glenn
Davis with Brown's of Carolina, John Hasty, Environmental Specialist, Division of
Water Quality and myself September 26, 2000 concerning high freeboard levels
at several of the Brown's of Carolina (BOC) swine farms located in the
Fayetteville Region. •
The Water Quality Section of the Fayetteville Regional Office has performed a file
review of several of the BOC swine farms in this region and has confirmed that
freeboard problems continue to be a issue throughout the 2000 Spring and
Summer cropping window.. These farms were also noted to have had freeboard
problems during previous years as well.
Our review identifies at a minimum farms 13, 28, 29 and 30 have had ongoing
problems and at last report freeboard levels remain less than that required. This is
particularly disturbing as weather patterns this year, especially during late spring
and summer,, have been in my opinion somewhat normal. During our discussion
your staff relayed efforts to improve waste management and the desire of BOC to
comply with the rules and regulations pertaining to swine farms. .
-continued-
�l�f
.. 2. 0. 1 Q
1617 MAIL SERVICE CENTER, RALEIOH, NORTH CAROLINA 27699-1617
website: h2o.enr.state.mus PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% PPST-CONSUMER PAPER

Mr. Simmons
September 27, 2000
Page 2 of 3
During the meeting I asked that BOC furnish the Fayetteville Regional office information on or
before October 4, 2000: (The following list may contain items not requested during the meeting)
- For each farm noted above please explain what events have lead to freeboard level
noncompliance this year and if BOC evaluated the reduction in the number of swine at
each farm as a means to maintain compliance prior to becoming noncompliant.
-It appears that the 30 day Plan of Action submitted 9/l/00 for farm #28 will not be met. Please
explain why. If other BOC farms have not met or are projected at this time not to meet
other Plans of Action please provide similar explanations and information by October 4,
2000.
-Please provide all freeboard levels for the aforementioned farms for this year from l/l/2000 to
present.
-Please provide the most up to date waste management plans for the aforementioned farms.
-Please provide all records pertaining to waste application for the aforementioned farms to include
waste analysis, waste application and nutrient balances for the farms noted during 2000.
-For the farms noted please also provide a detailed plan to ensure compliance with each waste
utilization plan for the remainder of this cropping cycle and the next cropping cycle
ending in early 2001.
-Please also provide any lease agreements for additional land that could potentially be used in
alleviating problems at the farms noted.
It is also understood that waste was or is in the process of being pumped and hauled from farm
#13 to farm #14. Please be advised that "prior" to pumping and hauling of waste from one farm to
another a detailed analysis should be performed to determine if the farm receiving the waste can
adequately accept the waste and that the certified waste management plan has been revised
accordingly. This office should be aware of such action prior to pumping and hauling and approve
such action prior to commencement of the activity. Further, such measures should be considered
prior to noncompliance not only as a remedy for high freeboard emergencies.
This letter is to also acknowledge receipt of a FAX from Mr. Kevin Weston today (7/27/00). The
FAX entitled "Detailed Plan of Action" outlined actions taken or are in process to address farm
#28 problems. The FAX includes the section "2. Emergency Pump and Haul", in this section Mr.
Weston outlines that a pump and haul activity will be initiated to bring the freeboard level to a
compliant level. In a follow-up call to Mr. Weston today (7/27/00) it was discovered that details
of this pump and haul operation have not yet been finalized. As noted above a detailed analysis

Mr. Simmons
September 27, 2000
Page 3 of 3
should be performed to determine if the farm receiving the waste can adequately accept the waste
and the certified waste management plan is revised accordingly. This office should receive such
evaluation and revised plan prior to the initiation of the pump and haul process.
Please be advised that the receipt of this FAX does not absolve BOC from failing to meet
the 30 day POA for farm #28 submitted 9/1/00.
The FAX outlines that "Animal Flow Manipulation" will be employed to also address farm #28
problems and that `Brown's of Carolina has adopted a policy which states that "no animal will be
placed on any farm with less than compliant levels of freeboard". The FAX also indicates that "no
replacement breeding stock will be sent to the farm". Please provide how many head of stock
have not been sent to farm #28 as a result of this policy during 2000. The FAX further states that
BOC will maintain this policy until compliant freeboard levels are attained. l urge BOC to
consider expanding this policy not to restock animals until BOC has determined that the entire
waste utilization plan can be met throughout the current and if necessary the following crop cycle.
This office views the freeboard levels at these farms critical as we are still in hurricane season.
Brown's of Carolina should make every effort to lower lagoon levels to achieve compliance and
to avoid preventable environmental impact.
Please be advised that furnishing the requested information in no way absolves BOC of any
violation past or future and the compliance history of these and other BOC farms is under review
to determine what action, if any, should be initiated by this office.
If you have questions or comments regarding this letter please do not hesitate to contact me at
[phone].
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Coleen Sullins, DWQ
Dennis Ramsey, DWQ
DWQ FRO Files BOC Farms 13, 28,29,30
DWQ Central Files
69-170

r,
1
r:,
.JAME9:B HUNT JR x;
�'y •`GPVSRNOR
a4.
�R
m
IEBI
HOLMAN
•• `7'
Ir,1.SECRIZtARY
'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 14, 2000
Greg Brown
785 Hwy 24 East
i ,.-;KEFIFt*T 51TEYEN9Yi;' ,
P.O. Box 487
' ti`rOR
Warsaw, NC 2839$
SUBJECT:
NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No: AWS 090170
,�, _•� Syti 4 if_
Brown's of Carolina Farm #30
Facility No. 09 - 170
Bladen County
-,{ Z
Dear Mr. Brown:
f -,P
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.
' n January 31, 2000, the Fayetteville Regional ice of the Division o
Water Quality was notified by Jimmy Vinson, a company employee, that the lagoon
at the subject facility contained only six inches (within the structural freeboard) of
freeboard. This is a violation of General Permit condition V.3 which clearly states
xdr a that "The maximum waste level in lagoons/storage ponds shall not exceed that
specified in the CAWMP. At a minimum, maximum waste level for
Tfi ' lagoons/storage ponds must not exceed the level that provides adequate storage to
contain the 25-year, 24-hour storm event plus an additional 1 foot of structural
freeboard.".
On February 8, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Brown's of Carolina Farm #30 swine
facility in Bladen County. Wastewater was observed ponded in several locations
within both spray fields and observed leaving the front spray field in two different
locations. Wastewater had entered two separate ditches, and at that time it was
recommended to Roddy Hayes, the on -site representative, to construct earthen
berms in both ditches to prevent wastewater from entering the stream.
225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST -CONSUMER PAPER

Page 2
Brown's of Carolina Farm 430
March 14, 2000
On February 9, 2000, another site visit was conducted to determine if the wastewater,
observed within the ditches the previous day, had been reclaimed. Wastewater had flowed past the
point in which an earthen berm had been constructed the previous day and ultimately discharged into
an Unnamed Tributary (UT) of Mill Branch which is Class "C SW" waters. Mr. Hayes was once
again instructed to construct an earthen berm and reclaim the wastewater. A Notice of
Violation/Notice of Recommendation for Enforcement was issued to this same facility on January
13, 2000, for a similar incident resulting in a discharge to surface waters. Please be advised that
every discharge of waste to surface waters is a serious matter, but considering the time frame for
these repeat violations we would urge you to review all efforts to effectively operate and maintain
this facility.
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a suitable waste
application field as soon as weather permits and per the CAWMP.
2. Provide a detailed explanation as to why wastewater was allowed to leave the waste application
fields.
3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility,
which are not in compliance with the CAWMP and the General Permit.
4. Please explain why this second discharge to surface waters occurred if appropriate actions were
taken following the first documented discharge to prevent events of this nature.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater, into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by

Page 3
Brown's of Carolina Farm #30
March 14, 2000
this office on or before March 24, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service'Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package f6r his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
inc rely,
✓' 1 4
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group

A�ss
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
JAMES B. HUNT JR. January 13, 2000
GOVERNOR
CERTIFIED MAIL
BILL HOLMAN RETURN RECEIPT_ REQ FASTED
SECRETARY
Greg Brown
785 Hwy 214p East
KERR T. STEVENS P.O. Box 487
DIRECTOR Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090170
Brown's of Carolina Farm #30
Facility No. 09 - 170
Bladen County
Dear Mr. Brown:
VY`ou are hereby notified that, having been permitted to have a non discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On December 8, 1999, the Fayetteville Regional Office of the Division of
Water Quality was contacted by Jimmy Vinson, with Brown's of Carolina,
regarding a discharge of animal waste at the Brown's of Carolina Farm #30 swine
facility located in Bladen County. When staff from the Division of Water Quality
arrived on -site, wastewater was being reclaimed from the ditch and being land
applied on the adjacent spray field through the use of the irrigation system.
Wastewater had entered the ditch as a result of runoff from the application of
animal waste on portions of the spray field mentioned above.
Another site visit was required on December 9, 1999 in order to complete the
investigation due to the fact that it was the edge of dark upon arrival the previous
g g p
day. When staff arrived on the morning of December 9, wastewater was once again
y. g g
being reclaimed from the ditch. It was determined at this point that wastewater
' flowed into a pond on neighboring land via the ditch. The pond contained an outlet
that forms an Unnamed Tributary (UT) of Mill Branch which is Class ' C Sw'
waters. Wastewater was also identified in a ditch along the farm path adjacent to
i
4 22E GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28801-8043
PHONE [phone] FAX OI O-488-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCL90110% POST -CONSUMER PAPER

..
Page 2
Brown's of Carolina Farm #30
January 12, 2000
the back spray field. This was also the result of runoff of animal waste from the land application
area. It was observed that the facility's waste lagoon was in the emergency storage level (17")
according to the lagoon marker.
The Division of Water Quality requests that the following items be addressed:
1. If not already competed, lower the lagoon level to the required freeboard on a suitable waste
application field as soon as weather permits and per the CAWMP.
2. Provide a detailed explanation as to why the runoff from the application fields occurred. Please
include pumping dates, pumping times, and the volume of wastewater applied during the two day
period.
3. A more detailed and thorough inspection of the irrigation system along with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to prevent
the future release of wastewater.
/Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
vo
�' 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before January 24, 2000.
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.

Page 3
Brown's of Carolina Farm #30
January 12, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
r'
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James 13. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Brown's of Carolina, Inc.
Farm #30
PO Box 487
Warsaw, NC 28398
Dear Brown's of Carolina, Inc.:
1 09M'W'J •
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999
RECEIVED
J X%, 10 2000
FAYETTEVILLE
MG. CF !CE
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 9-170
Bladen County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRYI, DRY2, DRY3, SLUR1, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
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 Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
SincereL
/
Kerr T. Stevens, Director
Division of Water Quality
cc: Fayetteville Regional Office
Bladen County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled110% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, Inc.
Farm #30
PO Box 487
Warsaw, NC 28398
Dear Brown's of Carolina, Inc.:
A&14 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
December 6,1999
D Ec 1 0 1999
FAYETTEVILLE
REC. OFFICE
Subject: Conditional Approval
Animal Waste Management System
Facility Number 9-170
Bladen County
Our records indicate that your facility was conditionally certified in order to fulfill the requirements
of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you
of your unresolved conditional approval status. Any facility receiving a conditional approval must notify
Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the
conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to
an enforcement action. As of December 6, 1999, we have no record of any information from you, advising
us of the status of your conditional approval. Therefore, please fill out the attached form and have your
technical specialist and landowner sign the form in the appropriate areas.
The completed form must be submitted to this office on or before 45 days of receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability
for failure to provide DWQ with proper notification of your conditional certification status or possible failure
to comply with the requirement to develop and implement a certified animal waste management plan by
December 3I, 1997.
If you have any questions regarding this letter, please do not hesitate to contact me at [phone]
extension 571.
Sincerely,
Sonya L. Avant
Environmental Engineer
cc: Fayetteville Regional Office
Bladen County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax 919-715r6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, Inc.
Farm #30
PO Box 487
Warsaw, NC 28398
Dear Brown's of Carolina, Inc.:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCES
August 27, 1999
RECEIVE®
HP 3 1999
FAYETTEVILLE
AEG. OFFICE
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Farm #30
Facility Number 9-170
Bladen County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Jeffery Brown on 6/l/99 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Jeffery Brown the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Jeffery Brown, at 225 Green Street, Suite
714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any
questions please contact Jeffery Brown at [phone]. If within 90 days you are
unable to provide Jeffery Brown with the Information you are automatically required
to complete a Wettable Acre Determination as described by Category 2 below, within
180 days of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper

Notification for Wettable Acre Determination
Animal Wastd Management System
Page 2
Category 2:
JK Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
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 Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
"Rnz I
" - ZZ.:tt"
Kerr T. Stevens
cc: Fayetteville Regional Office
Bladen County Soil and Water Conservation District
Facility File

P077E!�ROROLINWWS
F CAA
February 04,1998
Kerr T. Stevens
Regional Supervisor
DEHNR-D WQ
225 Green St. Suite 714
Fayetteville, N.C. 28301-5043
Dear Mr. Stevens,
RECEIVE,)
r r � U 5 1993
E�ERDdCE
Re: Farm 30 Fac.09-170
Farm 28 Fac.09-155
N,0.v.
I'm sure you are aware of the amount of rainfall we've had since November. The fields have stayed wet
enough that "runoff' is the element that we have tried to stay away from. We have used our best
judgement to stay away from any water quality problems. Your Icttcr insists that we lower the level
immediately weather permitting. If it was that simple, we would have already done that, However, we
have taken advantage of every suitable day, weekends, holiday's ctc. We will continue to do tltis, plus we
are exploring using a Terra-gator to inject the effluent. Bnt cvcn this has to be done on soils that a tractor
can stand up on.
Our records well shows that allowing adequate time for drying after rainfall events, we did pump as often
as possible. If you have any other suggestions, please let us know. We will keep you posted weekly what
the levels are.
If I can provide any other information, please let me know.
Sincerely, /,,O
'
mm R Winson
Y
Environmental Resources, Mgr.
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST - P.O. BOX 487 - WARSAW, N.G. 28398 - PHONE [phone]

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 28, 1998
Mr. Greg Brown
P. O. Box 487
Warsaw, NC 28398
Subject:-Notive of Violaljon
Administrative Code 15A NCAC 211 .0217
Brown's of Carolina, Farm # 30
Facility No. 09-170
Bladen County
Dear Mr. Brown:
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 214 .0217 Permit.
On January 23, 1998, staff from the Fayetteville Regional Office of the Division of Water
Quality performed a follow-up inspection of Brown's of Carolina Farm #30 in Bladen County. The
inspection revealed that the freeboard level was less than the required minimum of nineteen (19) inches.
The Division of Water Quality requests that the following items) be addressed:
1. Immediately lower the lagoon level to the required nineteen inch minimum, weather
permitting.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301.5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled110% post -consumer paper

Mr. Brown
1-28-98
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation
Please provide a written response to this office on or before February 10, 1998 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

t.�
'45lorth Carolina
Department of Environment and Natural Resources '
Division of Water Qualityr�.�
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director April 11, 2001
Mr. Greg Brown
Brown's of Carolina
P.O.Box 487
Warsaw, NC 28398
Subject.
Farm # 30
Facility No. 09-170
Permit No. AWS 090170
Bladen County
Dear Mr. Brown:
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On March 23, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an inspection of the lagoon at the Bromm's of Carolina Farm # 30 located in Bladen County. The
inspection revealed that the freeboard level (17 to 18inches) in the lagoon was less than the minimum
required in the General Permit for this facility. The General Permit condition III.b.e. 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 requests that the following item(s) be addressed:
1. Lower the lagoon to the required level as specified by your lagoon design on a suitable crop at agnomic
rates when weather permits.
2. Submit a copy of the freeboard and irrigation records for the past year.
3. Submit a copy of your current certified animal waste management plan (CAWMP).
4. Submit the name(s) of the operator in charge (01C) for this facility for the past year.
5. Notify this office when your facility is back in compliance with your General Permit.
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEV ILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.l:NIt.5'[A'['L,NLC.i1
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Page 2
Mr. Brown
April 11, 2001
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non discharge permit for the facility. Please be advised that the Division of
Water Quality is considering 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 any questions concerning this matter, please do not hesitate to contact either myself or
Mr.Bob Heath at [phone].
S' cer ly;I' {V'
V
Paul E. Rawls
Regional Water Quality Supervisor
RFHIbh
cc: Sonya Avant -Compliance Group
Sam Warren-Bladen Co. NRCS
Trent Allen-DSWC Fayetteville Office
Kevin Weston -Brown's of Carolina
Central Files -Raleigh

r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen Sullins, Deputy Director
Division of Water Quality
Brown's of Carolina, Inc,
4PO Box 759
Rose Hill, NC 28458
November 13, 2003
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Farm #30
09-170
Bladen County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year, Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
6.
1dC't7EN�t
Customer Service. Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 Slate Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper
http:1/h2o.enr.state.nc.us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
g�� 4z1
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-170
Non -Discharge Compliance and Enforcement Unit
Central Files

O�0� W A 7.1, Michael F. Easley, Governor
William G. Ross Jr., Secretary
' North Carolina Department of Environment and Natural Resources
fir—+ Alan W. Klimek, P.E. Director
Coleen Sullins, Deputy Director
Division of Water Quality
November 13, 20Q3
Brown's of Carolina, Inc.
PO Box 759
Rose Hill, NC 28458
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Farm #30
09-170
Bladen County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: 'telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
http://h2o.enr.state.nc.us
A� EMR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
��� g�� 4zn
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-170
Non -Discharge Compliance and Enforcement Unit
Central Files

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
April 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy-Browti, LLC
PO Box 856
Warsaw, NC 28398-0856
Subject: NOTICE OF DEFICIENCY
Farm 430 Facility #09-170
AWS090170
Bladen County
NOD-2010-PC-0517/ Incident No. 201.000298
To Whom It May Concern;
On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Michael Norris of a high freeboard level in the lagoon 3037.. We wish to thank
Mr. Norris for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for.the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWGI00000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. A WG 100000.
On January 26, 2010 a lagoon/storage pond level was documented at 26 inches in lagoon 3037. A level
of 27 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Internet: www,ncwateraualitv.crg
225 Green St., Ste. 714 Phone: [phone]
Fayetteville, NC 28301 FAX [phone]
NorthCarohna
;Vatumlly
An Equal Cppodunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Farm #30, Facility #09-170
April 27, 2010
Page 2
Required Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above deficiency and to provide a
written response to this Notice within 30 days of receipt of this letter. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick CAFO Unit
Bladen County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files

03/08/2010 LION W'58 `Fig 9102933138-'WRLNMI--'—_____.__. _ ___ __�._. .___.. �_ ._..----}�j001/005'--
.................. _»....
,....
.. . 3
vlu
+ .- 'rowm
1: 177nrphy Brown ux.-
Pa BdkS5C :.:..._..... ....:...::: : :..�
2�i 22 X-N24' We4
_•... .......... P �r�z�� (9 .(}� 293�3, 3 ._..........Y_-...,__..... .
..,_.-.,.:•:W_.._,._ ........:......,...
s .,
Fax..[phone]IJ38 ....._...,......... ... _ ...
a
i
(S:,.r✓%','inr l�i:VEG'r es ����,�+�ic.rl%rf�:'''C)A11� /ut�a'rr..,. :i'tii:.s, J^.
L4�• 1 �I. K'�L". ,�' •�ii:'iiS�i.�_.�f~� ,�.�.[� ii yi,.� �._..�p
=_jkk ..5NC; jf. t F.4` P' }'iil.3t°, r
❑Urgciik� �_{�l �or'.ne�e��r � L.1 I'1�.�ise{"nn�tpenE [:a-Pl�ase ].�e�il:Y-� ` f']'171cis���ccyrle �'---'—.�'. ���
.�r"7 .1.. . l•f�L }ai$z: f) Fs
_ 1
r� 1 .S' 'y,:. Lli: +�1�•��•j-�l)��Y��fi. �'� �� ._ __ _ --_ __. ... ._ ._ J' -__• � . 4, �/ili�ill7r: €� �;....._ _, _._...�. _... ._.._.� .....E
j.:f_►•1 b�J.�tii F3 "Y ,

DENR FRO
'IWFR 2 Q 2 01 :
.:$��w�u D W .
STATE OF NORTH CAROL Q IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF BLADEN FILE NO.: 00 EHR 1125
BROWN'S OF CAROLINA, INC.,
Plaintiff,
V.
N.C. DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER )
QUALITY, )
Defendant. )
WITHDRAWAL OF PETITION
4
B
The matters at issue between the parties having fully been resolved, Petitioner Brown's of
Carolina, Inc. withdraws its Petition pursuant to Rule 41(a)(1)(i) of the North Carolina Rules of
Civil Procedure.
y RespectfulIy submitted this the 17th day of April, 2001:
4
e
A
Frank H. Sheffield, Jr. �"
N.C. State Bar No. 016398
For the firm of
Ward and Smith, P.A.
1001 College Court
PO Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner

CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the foregoing WITHDRAWAL OF
PETITION by depositing a copy thereof in an envelope bearing sufficient postage in the United
States mail at New Bern, North Carolina, addressed to the following person at the following
address which is the last address known to me:
Donald W. Laton, Esq.
Assistant Attorney General
NC Department of Justice
Environmental Division
PO Box 629
Raleigh, NC 27602-0629
This the 17th day of April, 2001.
K
N
r
w
Z
FK
F.
6
Frank H. Sheffield, Jr.
Z
For the firm of
Ward and Smith, P.A.
1001 College Court
I PO Box 867
t New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
2

WARD AND SMITHYA.
A.
ATTORNEYS AT LAVI
DOUGLAS H. LINDEMAN
( 25 2) 672-5494
FAX [phone]
[e-mail]
April 17, 2001
COPY
Administrative Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
RE: Withdrawal of Petition
Brown's of Carolina, Inc. v. DENR/DWQ
OAH File 00-EHR-1125
Our File 916575-0013
Dear Sir or Madam:
Enclosed is an original and two copies of Withdrawal of Petition in the matter of Brown's of
Carolina, Inc. v. Department of Environment and Natural Resources, Division of Water Quality.
Please file the Withdrawal as oftoday's facsimile transmission and return a stamp -filed copy in
the enclosed self. -addressed, pre -paid envelope. Your assistance in this matter is appreciated.
Please call if you have any questions.
Yours truly,
Douglas E. Lindeman
Legal Assistant
DEL:del
NBMAIN1441684.1
Enclosure
CC. Donald W. Laton, Esq,
Mr. Greg Brown
Mr. Jeffery Turner
1001 COLLEGE COURT PO BOX 867 I�ZEW BERN, NC 28563-0867
GREENVILLE NEW BERN RALEIGII WILMINGTON
(252) 215 -4 000 [phone] (919) 83 6-4 200 [phone]

ROY COOPER
ATTORNEY GENERAL
Frank H. Sheffield, Jr. Esq.
Ward & Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, NC 28563
State of North Carolina
Department of .justice
P. 0. Box 629
RALEIGH
2 7602-0629
April 10, 2001
HECEIVED
"APR � 16 2001
RE: Brown's of Carolina, Inc. v. DENR (00 EHR 1125)
DWQ Case No. DV 00-042, Farm No. 09-170, Facility Name: Farm 30
Dear Frank:
REPLY TO:
Donald W. Laton
Environmental Division
Tel. [phone]
Fax [phone]
Dlaton c@mail jus,state.nc.us
This letters responds to your e-mail of yesterday and confirms that the parties in the above -
referenced contested case have agreed to implement the previously agreed to Settlement. As you recall, the
Settlement has been on hold for several months.
I will route Check No. 135615 from Brown's of Carolina for the Settlement Amount of $20,747.79
to appropriate staff here in the Attorney General's Office so that it can be sent to DENR and deposited. I
understand that you will file a Notice of Withdrawal of Contested Case Petition. These actions will resolve
the above -referenced contested case.
Thank you for your time and consideration in this regard.
Sincerely,
Dona%ld. Laton
Assistant Attorney General
cc: Paul Rawls(DENR, DWQ/FRO)
Jeff Poupart(DENR, DWQ/Central Office, Raleigh)
47625

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. GREG BROWN
BROWN'S OF CAROLINA, INC.
P. O. BOX 487 - .
WARSAW, NC 28398
Dear Mr. Brown:
4 •
Ago" won%
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 29, 2000
RECEIVE
5 2060
SUBJECT: Assessment of Civil Penalties
for Violation of North Carolina
General Statute 143 215.1
Farm 09-170
Bladen County
File No. DV 00-042
This letter transmits notice of a civil penalty assessed against Brown's of Carolina, Inc
#30 in the amount of $28947.79 including $947.79 in investigative costs. Attached is a copy of
the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Enipkoyer
50% recycled / 10% post-consinner paper
hitp://h2o.enr.state.tic.us

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request foreclosesthe option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (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. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
� - s��
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments -
Public Information Officer w/ attachments

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

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF )
BROWN'S OF CAROLINA, INC )
FOR MAKING AN OUTLET TO THE )
WATERS OF THE'STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT AND FOR )
VIOLATIONS OF CONDITIONS )
OF NON -DISCHARGE GENERAL PERMIT)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-042
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Brown's of Carolina, Inc. is a corporation organized and existing under the laws
of the State of North Carolina.
B. Brown's of Carolina, Inc. owns Farm #30, a swine animal operation located along
SR 1710 in Bladen County.
C. Brown's of Carolina, Inc. was reissued Certificate of Coverage AWS090170
under General Permit AWG1000Q0 on June 26, 1998, effective June 26, 1998,
with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
D. Condition No. III. 6. f. of the "General Conditions" of the General Permit states in
part that the permittee shall report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of overapplying animal waste either in excess of the limits set
out in the Certified Animal Waste Management Plan (CAWMP) or where runoff
enters surface waters.
E. On December 8, 1999, Brown's of Carolina notified DWQ staff about a discharge
of wastewater in accordance with the General Permit.

F. On December 8, 1999 DWQ staff inspected the facility and observed that
wastewater was being reclaimed from a drainage ditch and applied on the adjacent
spray field. The inspection could not be completed due to darkness.
G. On December 9, 1999 DWQ staff returned to the facility to complete the
inspection. Staff observed that a discharge of wastewater from a spray field had
entered a pond on neighboring land via a diversion ditch.
H. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25-year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
I. The 25-year, 24-hour storm event for the facility's location is seven (7) inches
according to the National Weather Service, Technical Paper 40, Rainfall
Frequency Atlas of the United States, 1961.
J. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoon for Farm #30 shall not
exceed nineteen (19) inches.
K. Condition No. 111. 6. e. of the "Monitoring and Reporting Requirements" of the
issued permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.
L. In accordance with the General Permit, Brown's of Carolina notified the
Fayetteville Regional Office on January 31, 2000 that the waste level of the
lagoon was six (6) inches.
M. On February 8, 2000, DWQ staff inspected the facility and observed that the
waste level of the lagoon at Farm #30 was fifteen (15) inches which exceeded the
level specified in the CAWMP.
N. Also on February 8, 2000, DWQ staff observed that wastewater was ponded on
two spray fields. Staff observed wastewater runoff to adjacent ditches from two
locations in one of the spray fields.

O. On February 9, 2000, DWQ staff returned to the facility to determine if the ditches
had been blocked and if wastewater was being reclaimed. Staff observed that
wastewater runoff had entered an unnamed tributary to Mill Branch, which are
Class C Swamp waters of the State within the Cape Fear River Basin.
P. Brown's of Carolina, Inc. had no valid permit for discharging wastewater to the
waters of the State.
Q. Brown's of Carolina, Inc. had failed to notify DWQ of the occurrence of
overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters within the required 24 hours after discovery.
R. The cost to the State of the enforcement procedures in this matter totaled $947.79
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Brown's of Carolina, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4),
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The pond on the neighboring land and the unnamed tributary to Mill Branch
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 on December 9, 1999 and February 9, 2000 constitute
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for
which a permit is required by G.S. 143-215.1.
E. The above -cited failure on February 8, 2000 to notify DWQ of the occurrence of
overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters within the required 24 hours after discovery
constitutes a violation of condition No. M. 6. f. of the General Permit.
F. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP constitutes a violation of Condition No. V. 3. of the
General Permit.
G. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in the CWAMP constitutes a violation of
Condition No. III. 6. e. of the General Permit.

H. Brown's of Carolina, Inc. may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation may be assessed against a
person who is required but fails to apply for or to secure a permit required by G.S.
143-215.1.
Brown's of Carolina, Inc. may be assessed civil penalties 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 who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
J. The State's enforcement costs in this matter may be assessed against Brown's of
Carolina, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
K. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Brown's of Carolina, Inc. is hereby assessed a civil penalty of:
$ �•`� [lac] for -_of two violations of making an outlet to the
waters of the State without a permit as required by G.S.
143-215.1 on December 9, 1999 and February 9, 2000.
$ \ , O O O for violating Condition No. III. 6. f. of the General Permit
by failing to notify DWQ within 24 hours of the occurrence
of overapplying animal waste either in excess of the limits
set out in the CAWMP or when runoff enters surface
waters on February 8, 2000.
$ "` O "� for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP on February 8, 2000.
$ '~ for violating Condition No. III. 6. e. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3

$_2.8,00d
$ 947.79
$
TOTAL CIVIL PENALTY, which is k-0 percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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;
(8) The cost to the State of the enforcement procedures.
�m a. !, .-)�a
(Date) Kerr T. Stevens, Director
Division of Water Quality

NMENR
1'4''JAMES'' BH�JH
' OVERNOR-
t�s3$EGRkT7ARY '
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEYiLLE REGIONAL OFFICE
Division of Water Quality
March 28, 2000
MEMORANDUM
TO: Steve Lewis
Non -Discharge Compliance Group
FROM: Jeffery Brown
Environments nglneer, FRO
SUBJECT: Enforcement Package
BOC Farm #30
Facility No. 09 - 170
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter. If you have any further
questions or need clarification on any of the details please contact me.
001
Attachment
225 GREEN STREET, SUITE 714 / SYST6L 6LD, FAYETTEVILLE, NORTH CAROLINA 28301-$043
PHONE [phone] FAX SIO-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER • 50% RECYCLEDM0% POST-CONSVMEA PAPER

,>I 4f
Fast Track Freeboard NOV Checklist
Date
Time
Onsite Re
Facility Name
Facility Location
Name of Owner
Address of Owner
Name of Cert. Operator
Integrator
Type of Facility saw, feeder to finish, etc.)
Number of animals onsite
Number of animals certified for
Freeboard level
Notes:
rr° r t
.�l.�Y p� •
r p.. GEC
G C; CG
q -y;
F C
C,
4[ �rJ1'
4r ,L C c'
T L4 ,4 • cq t�
r c' •
Inspector's Signature
Date Poo,

Division'ofSoil and Water Conservation: Operation ReVieW t:ANw
,Division'of Soil and_ Water Conservation : Compliance Inspection�I
S .i.y i. i`�
„Dlvisi0 Of Water Quality„- Compliance Inspection q
: rS'E T!
r
Other Agency =Operation Review r.: } :,
pp¢
0 Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other
Facility Number Date of Inspection—Q—�
Time of Inspection 24 hr. (hh:mm)
�Perrnitted liCertitied [3 Conditionally Certified ❑ Registered UZot O erational Date Last Operated:
FarmName: .................Lt.1.e.............. ............................................................ County:.............. �?........ ra'V.......................... .................
Owner Name ........... Y..Q .rMVy,1.5.... r1cY .YYr v..' .. milw.."' � .......................
�..... �..................... Phone No:.............t!..
FacilityContact:...................................I...... Title: ................................................................ Phone No:...................................................
.................................(.�. f� /� ' ' y, gip
MailingAddress:......................11.A1�.............`.RJ.................................................. ...............�`� :t......NC....................... nP. "`398'..
P ((jj � TT_
Onsite Representative: 1a•# 'Qa........ 1.1............. .. Integrator:.......... U� �:Y..4...r5 . ,/..f G . ....... .-Jl-
Certified Operator: ..................... Ra1ci/.:a.g 15.................. ` ............................. Operator Certification Number:..........................................
Location of Farm:
A
.... .......
Latitude ' 4 46 Longitude 0 6 64
Design Current Design • Current Design :Current
Swine Capacity.. Population Poultry Capacity..Po ulation.' Cattle,,=; .Ca aci ` E Po elation
❑ Wean to Feeder ❑ Layer ❑ Dairy ?.
El Feeder to Finish ❑ Non -Layer ❑Non -Dairy '
Farrow to Wean L
❑ Other
El Farrow to Feeder
❑ Farrow to Finish Total1D6ip 'Capacttyc'F aoco
❑ Gilts
❑ Boars Total SSL' WJ, .;
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
.3.
Holding Ponds / Soli" d Traps ❑ No Liquid Waste Management System
Disc�hargLy & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon [Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes [YVo
b. II'discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes NNo
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ 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 xyes
4. Is storage capacity (freeboard plus storm storage) less than adequate? [ISpillway ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure b
Identifier: !� l5 t!
Freeboard (inches): .................
......................................................................................................................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
3/23/99 Continued on back

L, ,r
'acility Number: — Q Date of Inspection
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?
I. Is there evidence of over application? Excessive Ponding ❑ PAN
12. Crop type
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
A-YLX
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 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?
(icl 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?
L7 Iq yiQl'u�tt?i>js.0, 41c' je:rtcies-w'gre' pi feo• d(Whig thjs•vjsjt; • ;Y;oO ;wjl j•>�eeOiye iio fufthgr; • .
correspondence. about. this .visit:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Yes ❑ No
❑ Yes VNo
Aj
AYes r❑` No
❑ Yes ❑ No
Commenis (refer to'3''t"' " on.*i°' 4laitii any YES answers and/or any`recominenilatioits or aity,':otherfcomnients''¢ ,ir i"t�"`ie' '!3 ilE€1
3 ,q L 1 .. , { I', ,I�Ia ,.
Use 'drawin s of factltt toetter„ex shuatlons: use"addthonaL 'aes astnecessA ` t t�''j i!
g _ Y plain'( P, >�Y) �i @d e F {
r ai s .;z € w, ,i, ,,Fi
V i 5 r 4 Vz1S W," C.4er � No u d cf f 5,D y. Rcat Olio A? r ke i Qs
d fa� `D ,45ain M40ft' S .e 0, c�
1• A —vrvp t6 S'ed'•.e Ui5��. � l
4U1- -
� � � s - -� ram.iA
Reviewer/Inspector Name '
Reviewer/Inspector Signature: �/&,,�„ Date:
_ —.

c �
Facility Number: 0? Date of Inspection a2-'g�laa
Ooor 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 bells, 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
Additional Commen anor1
. raw�n>=s: .. . •., ,,�..:•.al�.;,f(k.F,.�� _>.a.°. <+� .� F�.o., .a:: ._�� .v,, ! ,. �_I,�..� ..... f t ;,,, sti��<<:
-U
bloCW J& d p., mwc�
JA
!7.u,q, 6-az'wj
lcc,.-L;-, tx;' As-*� -lo -fit ro wa4-"'L-
Mn.. �..E (�. ��.tv,�� t.W.,.e -105' ic41�.�+�-I'
t76;tr -15�- co� LAj4 L(A=
7

. _)
.3 Division of Soi! and Water Conservation -Operation Revie'w-
Ea
Division of Soi! an& Water Conservation - Compliance Inspection
Division of -Water Quality - Com 1*" u, ce'>7ns ection c
i,�, I Quality i_.- y t t f p ,�;'Fti
7 i
-.
y
k „t
Other �i enc O eration 'Revierw
10 Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review • OtherF-
i.rir i.ni - nn-u r i.n�irn
Facility Number D Date of Inspection -'!2"0e->
Time of Inspection � 24 hr. (hh:mm)
[Permitted 0 Certified 0 Conditionally Certified 13 Registered JE3 Not Opera Date Last Operated:
Farm Name: ......................, ""'
,..................3.......................................................................... County:....................... IC,ral....... ...... ....
Owner Name: .......... U.11r6l!4n'>! ..... 1.4 ... . e-VCN .�/.... ................. Phone No:............9� ........a96.�. .......................
Facility Contact: ....... Title:
Mailing ....
Address:.................P. C�}.`........ &,. (............ YX2 ..........................................
Onsite Representative: ............................G( ....... ...
Certified Operator: ................ . ..........
Location of Farm:
.................... Phone No:........................... .....I.......
Integrator: .............V��.f�...�....`,Qsr��r1��?K .
Operator Certification Number: ..........................................
A,
.. ..................................... ..
Latitude ' f 46 Longitude ' & 44
Design • , Current
Swine Capacity., Population
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Number of Lagoons
Holding fonds / Solid Traps
Design Current ' : Design: Current
Poultry Capacity,Population.'Cattle ,.Ca aci `. Population
❑ Layer El Dairy q,
❑ Non -Layer I I JE1 Non -Dairy
❑ Other
Total Ms' ignl'6, parity'
Total SSLW:::
Subsurface Drains Present 11❑ Lagoon
No Liquid Waste
Dischart*es & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon IYS
pray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'!
b. Ii' discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min`?
d. Does discharge bypass a lagoon system? (Ifycs, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
❑ Spray Field Area +,
❑ Yes ❑ No
❑ Yes [VNo
VYes ❑ No
I` %
❑ Yes ❑ No
❑ 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 1 Structure 2 Structure 3 Structure 4 Structure 5 S ucture 6
Identifier:
Freeboard (inches): ..............
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
3/23/99 Continued on back

`" % '**.
Facility Number: 0 Datc of Inspection
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
12. Crop type
❑ 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 readily available?
IS. 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? (ic/ 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?
(ic/ 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?
10 yiglaitoos'o r• 0e?�0000 ,ATre ntpritig �h�s;v�s�ti Yoo wieeeiye no futtb
CO esporidetice.abbt fthis visit:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [KNo
❑ Yes ❑ No
❑ Yes ❑ No
Comments {refer to quest;o�n"#): Explain any YES ansir ers and/or any`recomiitendations or' any'othe comments t
Use drawings.of-facilrty to betteEr�explain situations {use'additioioal pages astnecessary) , e` d 't{'x
4- `` !._�' .,.. iY E!'-" �b �6 : .<,, i. rr„ s;�,- �.�E-a -'< .1� c. ;<< .` I i
�. VrSt (►S 1Vo ieru►tnV,,,p.
- ' • � . ' /A /`�/��� � � e II1,, 1I�,, 1 ray., �1� _
1/1n �r`��✓' f �6 • f `•pro( .1� �Gr+�P v�' YS wYv1
PUAJ z
Reviewer/Inspector Name i i r �� ` # ;f'ie'
Reviewer/Inspector Signature: .4SA4, Date:
L

Facility Number: fir(= oj Date of Inspectim a �cp0
Additional Comments and/or Drawings:
e
'-2
�A��Q ,o fr
tybL
r�AaJ
_ cue.-t�.e.,., c� � �.ov►-�. .
r'Alt
Fa&r . I400"1
uvvf5t
lep Ar 1�104
7/25/97

NORTH CAROLINA DEPARTMENT OF
•
+�
ENVIRONMENT AND NATURAL RESOURCES
ritl
1 f
•,NCDENR
DIVISION OF WATER QUALITY
ti.
FAYETTEVILLE REGIONAL OFFICE
s
DIVISION OF WATER QUALITY
' :HUNT-JR
x.. - �I.; .
March 14, 2000
".;GOVERNORS11r
xi
CERTIFIED
r
MAIL
-'� l'611Lt 40L.MAN .l RETURN
RECEIPT REQUESTED
„_ ,
I-�iSECRETARY
'
Greg Brown
785 Hwy 24 East
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090170
Brown's of Carolina Farm #30
Facility No. 09 - 170
Bladen County
Dear Mr. Brown:
You are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On January 31, 2000, the Fayetteville Regional Office of the Division of
Water Quality was notified by Jimmy Vinson, a company employee, that the lagoon
at the subject facility contained only six inches (within the structural freeboard) of
Freeboard. This is a violation of General Permit condition V.3 which clearly states
that "The maximum waste level in lagoons/storage ponds shall not exceed that
specified in the CAWMP. At a minimum, maximum waste level for
lagoons/storage ponds must not exceed the level that provides adequate storage to
contain the 25-year, 24-hour storm event plus an additional 1 foot of structural
freeboard.".
On February 8, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Brown's of Carolina Farm #30 swine
facility in Bladen County. Wastewater was observed ponded in several locations
within both spray fields and observed leaving the front spray field in two different
locations. Wastewater had entered two separate ditches, and at that time it was
recommended to Roddy Hayes, the on -site representative, to construct earthen
berms in both ditches to prevent wastewater from entering the stream.
.............. .
225 GREEN 9TREET, SUIT$ 714 / SYSTEL OLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109e' POST -CONSUMER PAPER

i
Page 2
Brown's of Carolina Farm #30
March 14, 2000
-On February 9, 2000, another site visit was conducted to determine if the wastewater,
observed within the ditches the previous day, had been reclaimed. Wastewater had flowed past the
point in which an earthen berm had been constructed the previous day and ultimately discharged into
an Unnamed Tributary (UT) of Mill Branch which is Class "C SW" waters. Mr. Hayes was once
again instructed to construct an earthen berm and reclaim the wastewater. A Notice of
Violation/Notice of Recommendation for Enforcement was issued to this same facility on January
13, 2000, for a similar incident resulting in a discharge to surface waters. Please be advised that
every discharge of waste to surface waters is a serious matter, but considering the time frame for
these repeat violations we would urge you to review all efforts to effectively operate and maintain
this facility.
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a suitable waste
application field as soon as weather permits and per the CAWMP.
2. Provide a detailed explanation as to why wastewater was allowed to leave the waste application
fields.
3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility,
which are not in compliance with the CAWMP and the General Permit.
4. Please explain why this second discharge to surface waters occurred if appropriate actions were
taken following the first documented discharge to prevent events of this nature.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by

Page 3
Brown's of Carolina Farm #30
March 14, 2000
this office on or before March 24, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group

FAYETTEVILLE DIVISION
817 Castle Hayne Street Fayetteville. NC 28303 Phone [phone] fax [phone]
CHAIN OF CUSTODY RECORD
PAGE OF
4—
CUENT NAME S ADDRESS:
Q
N�
�!CONTACT
S(•s• // '7 {jam
/ oc
PO 0
ECTILOCATIOON_ 'j
7ROC.TR+��'✓j r C)
S OF
B
O
T
�
E
S
TYPE OF ANALYSIS
PRESERVATION CODE
CODE: A = <4•C ONLY
B = HNO3 (ph<2) + <4'C
C = H2SO4 (phK2) + <4'C
D = NaOH <4'C _
E = ZN Acetate + <4'C
F "
PERSON:
rSC TtC
l �i
' ti
PHONE:
9/0 Ti3 b - I ��
SAMPLER:
METHOD OF SHIPMENT:
LAB ID #
SAMPLE TYPE
DATE
TIME
COMP
GRAB
pH
D.O.
TEMP •C
CHRo&NE
a�
Downs n
9' 0 0
1,2,
3
A
G
LZ
`�
a yam
r
✓3
Relinquished by: ig i
Dale
Time
Relinq by Signature)
Date
S
2
n
a `?
Relinquish by Hato
Date
Time
Relinquish by. (Signature)
Date L
Time
3
4
Relinquished by: iSignature)
Date
Time
Relinquished by: (Signature)
Date
Time
5
6
Relinquished buy: (Signature)
Date
Time
Relinquished by: (Signature)
Date
Time
8
Comments or Special Hazaids:

® Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT -NUMBER: #KN003
SAMPLE ID: 1. Discharge Point - ID #OOWE2835
2. Downstream - ID #OOWD2836
3. Upstream - ID #OOWU2837
4. Source - ID #00WE2838
DATE REC'D: 02/09/00 SAMPLED: 02/09/00
SAMPLED BY: J. Brown
DELIVERED BY: J. Brown
SAMPLE CODE: WW, Stream, Grab
REFERENCE: BOC Farm #30
DATA REVIEWED BY.
DATE REPORTED: 02/18/0
ANALYSIS METHOD 1 2
ta++++++++++##++a#*#****+tt4+++++#+a+#**#***+*++*+++a+*#*##+*++***++++*+t++tt+++++#++#+tt+
BOD (mg/L) EPA 405.1 1.63 1.88
COLIFORM, FECAL (per 100 ml) SM18 9222D 4200 220
NITRATE (mg/L) EPA 353.3 <1.0 <1.0
ANALYSIS UL71WD 3 4
++a+a++a+a+aaa++a+++++++a+++a+++++++a+++ta+t+++++++a++++aa+a+aaa++a+++a+aa#+a++##+###+++++
BOD (mg/L)
COLIFORM, FECAL (per 100 ml)
NITRATE (mg/L)
COIFS: < - Less than
> a Greater than
EPA 405.1
SM18 9222D
EPA 353.3
PAGE 1 OF 1
1.22
27
<1.0
66.8
3636
<1.0
The data and other Information contained on this, and other accompanying documents, represent only the MEMBER
sample(s) analyzed and Is rendered upon the condition that It is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

j 1, ,•!. m.. - -.
,`�:\
cc
v -Cem�-' =-_�i_is, _ _ `• -i----ram � ��� �. �`r/f L' � 1 - - ,,,.`
•'; Savannas+ 7e�rie t ';\ } \ ' } 1 .- _ ----�" -- ' -- + �
gd`[h' S1uC$eld.t• % rao = _'_� -77s I I I ,�
or-/'_— f55
t r , �J - -f l 1` i / ,', - --- I h` - ... r.� 4+�+ �� �`% 11[j i• r� ---
-� per- • � iir Fy. f r�._.., -- _ _ * i - / f r f'i
• j ,� +;
��• �-'/---_...J r" fr `- - � t � ...1ti° ' ,'. -� i� 'Cross Dads
ti
T.
me
_�..-J • ._ �: f �•• �• � ',�.\ i'� �;' r rl � I �, 'I i �� \ '1` '\_ �- Ir;l j /y , j�Y ^•I' t`
,., �j l`�` r i \ /`_ `'- _ t 3 . •� j+(jjJ� t j\ - fl 1 / �! • ``I �� IX,,
\.,'[1J�e ; /,- 'I/r. .�_� / +.- I '\� --, J �y / j i.; ' 1 , j ^-`-I 4`• ,\ 1 I r...l�..r �
? i r \,IN
�iw - !' J r l ti ,' —e.� f t'r62
5 »' r-�'•7� " i/ 760
�19 2120 0001 FEET yELKTON2.5Aft. 721 /35'722 123 (EMERSON)
1 52521 NE
Iroduced by. the United States Geological Survey SCALE 1:24 000
n cooperation with North Carolina Department of +r
datural Resources and Community Development II" � 5 -- 0 -- --
;ontral by USGS. NOS(NOAA, and North Carolina Geodetic Survey G" MILES
opogrLa by photogrammetric methods from aerial photographs low 1000 2000 3000 4000 5000 6000 70M
aken 198t1-Sl. Field checked 1982 Map edited 1987 7•— FEET -
'rojection and 10,000-foot grid tides North Carolina coordinate 124 Milli 1'23'
25 MILS
1 .5 D KILOMETERS 1
ystem, {lambert oorrforrtfall conic) --_ _
000-meter Universal Tras:sverse Mercator grid, zone 17 f000 r 0 METERS t00D
127 North American Datum CONTOUR INTERVAL 5 FEET
fo place on the predicted North American Datum 1983, NATIONAL GEODETIC VERTICAL DATUM OF 1929
hove the projection lines 13 meters south and Lnm GRID AND 1"7 MAGNETIC NORTH
A meters west as shown by dashed corner ticks nrr .w,wr�n.. .�•.z..rcw i.c c+,rcr

MAn-23-00 THU M5 AM BROWN S
.i
FAX NO. 91029616.75_-
88 Hwy 24 Eset
AO box 487
Oversaw, Nc 2&Nsa-MT
Voice: (010) 2WI800
Fax: (810) 29"1 W
Fm
3 BRaWo S
Pam
Ph�n� nip - -C�Ct�
Res CCr
Urgent 0 For Review 0 Please Cerement Q Please Reply ❑ Please Recycle
f
J • Commentw
M
0
e Page 1

W-23-00 THU 9:25 AM BROWN S FAX H0, 9102961675 P. 2
OF CARQL.INA
Paul Rawls
Regional Supervisor
DENR-DWQ
226 G en Stet
Suite 714, Systel Old.
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
March 22, 2000
This letter is in response to the certified letter we received subject: Notice of Violations —
Notice of Recommendation for Enforcement for BOC Form # 30, Facility # 09-170.
We at Brown's do not condone discharges. We work hard training all employees in our
unprecedented "Zero Discharge" program. While this program goes Into great detail in training
each employee and requires them to have a certified operators certificate, it atilt does not remove
the fact that the employee may or may not use good judgement every time. If the operator had
used the caution that was required of him, there would have been no discharge. it appeared that
the operator was applying at a rate preater than the soil conditions would uptake but not greater
than the NRCS recommended rates.
For your Information, our employee Is qualified and capable of doing a good job.
Because of his error In judgement, company disciplinary actions have been taken. While we
cannot guarantee that this policy will prevent any additional discharges, we hope that additional
training and this encouragement will possibly eliminate them. On the operators` behalf, he was
making efforts to lower the high lagoon level, which was mandated by your office. He was a little
overzealous in his efforL '
Brown's of Carolina has wood with your office In identifying problems and by providing
proper notifications. I hope you reaitze that we are committed to doing our work "right'.
Please accept our explanation and apology for this event. We will continue education
and training to ensure the proper ways of handling animal waste.
Thanks for your consideration In this matter.
Sincerely,
j��GA,�
irr Vinson
CC, Glenn Davla
Greg Brown
Steve Lewis
DENR-DWQ Raleigh
BROWN'S OF CAROLINA. INC.
785 HYVY 2a F,AST • P.O. BOX 487 • WARSAW. N.C. 28308 • PHONE [phone]

lip. A NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NCDENR DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
JAMS$ B. HUNT JR. r January 13, 2000
GOVERNOR
CERTIFIED MAIL
BILL HOLMAN RE111RN_RECEIPT REQUESTED
SECRETARY
Greg Brown
785 Hwy24 East
KERR is STEYEN$ P.O. BOX 487
DIRECTOR Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090170
Brown's of Carolina Farm #30
Facility No. 09 - 170
Bladen County
Dear Mr. Brown:
You are hereby notified that, having been permitted to have a non discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On December 8, 1999, the Fayetteville Regional Office of the Division of
Water Quality was contacted by Jimmy Vinson, with Brown's of Carolina,
regarding a discharge of animal waste at the Brown's of Carolina Farm #30 swine
I
facility located in Bladen County. When staff from the Division of Water Quality
arrived on -site, wastewater was being reclaimed from the ditch and being land
applied on the adjacent spray field through the use of the irrigation system.
Wastewater had entered the ditch as a result of runoff from the application of
animal waste on portions of the spray field mentioned above.
;w�rj ;.:. ; •
Another site visit was required on December 9, 1999 in order to complete the
: i
investigation due to the fact that it was the edge of dark upon arrival the previous
g g p
day. When staff arrived on the morning of December 9, wastewater was once again
-.
being reclaimed from the ditch. It was determined at this point that wastewater
flowed into a pond on neighboring land via the ditch. The pond contained an outlet
that forms an Unnamed Tributary (UT) of Mill Branch which is Class "C Sw"
waters. Wastewater was also identified in a ditch along the farm path adjacent to
J... -
225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTm CAROLINA 20301.5043
PNoNE 910.4$6-1 841 FAX 91 O-4B6-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER • 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Brown's of Carolina Farm #30
January 12, 2000
the back spray field. This was also the result of runoff of animal waste from the land application
area. It was observed that the facility's waste lagoon was in the emergency storage level (17")
according to the lagoon marker.
The Division of Water Quality requests that the following items be addressed:
1. If not already competed, lower the lagoon level to the required freeboard on a suitable waste
application field as soon as weather permits and per the CAWMP.
2. Provide a detailed explanation as to why the runoff from the application fields occurred. Please
include pumping dates, pumping times, and the volume of wastewater applied during the two day
period.
3. A more detailed and thorough inspection of the irrigation system along with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to prevent
the future release of wastewater.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before January 24, 2000.
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.

Page 3
Brown's of Carolina Farm #30
January 12, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

''7AN-26-00 WED 12:39 PM BROWN S FAX NO. 9102961675 P, 3
86 Hwy 24 Eaet
PO Box 487
Warsaw, KC 28395407
YOloe: (910) 2W 8W
Fax; (910) 296-e1e6
Fcnx
BROWN'S
OF CAROLINA
To, Jr.
4
f{e-�
rrIwAj
Pjf0C ,g
Ig IA) Ls Froros I rj So
F&
g 16 -
0(o -
0-74 -7
Pages 3
Phomm w u. F7ateo /r?- d - a o
Rea CCi
❑ urgent 0-f or Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
r
e Cagnnwntst
A01-1 SWa ?
RQ 4 S-e- PrC�a PEA_ c� r►� a r+� o
e Pagel

12:38 PM BROWN S
Paul Rawls
Regional Supervisor
DENR-DWO
225 Green Street
Suite 714, Systel Bid.
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
FAX NO. 9102961675
Rowrol
OF CAROLINA
January 21, 2000
This letter Is in response to the "Notice of Recommendation for Enforcement" we
received in regards to BOC 30, Facility 0 09-170.
,
' I do not feel that an enforcement action Is needed in this case. We do regret the
Incident occurred. Brown's of Carolina reacted to this in the manner that always had
WA AAA&UM664 AM u 904 M M& "AA11 MRAINSM1.
On December 8, 1999.1 went to the farm to work on wetted acre measurements,
white driving Into the farm I noticed the pink color to the water that was standing in the
ditch. Our operator was on the farm performing irrigation events at the time. However,
he was not watching the system close enough according to Brown's of Carolina policy.
immediately stopped the system and began every effort possible to minimize the affect,
B16es were blocked to contsili e4 &AMAM 18WI. W8 MIN faf eur OMMONY
(OPOW Unit ID COm@ ft all IN OQUIPMont that mig N nuM 14 rViIiIm 09
effluent. The unit arrived approximately 1 hour later and we did everything we could to
clear up the site. During this timid l called your office and Jeffery Brown responded.
This waste system Is all solid set In coastal fields that are overseeded. The
application was .25 inches per event; however, the operator failed to watch It close
enough to detect if any water that began to run. Since this was against company policy,
the operator was discharged. All employees' go through detailed training as what their
responsibilities are. This training is through our training program entitled °Zero
Discharge`,
As stated earlier we are currently going through the wetted acre format to bring
not only this farm, but all farms, up to this standard. The system on this farm is a good
system but any system must be managed correctly with proper supervision.
P. 1
BROWN'S OF CAROLINA, INC.
785 HWY 2d BAST - P.O. BOX 487 - WARSAW, N,(;. 26398 • VHONL {910) 2W1800

''JAI-216-00 WED 12: 39 PM BROWN S FAX NO. - 9102961675 P, 2
We continue to pledge our support to be environmentally compatible and to work
with your staff on any problems that may arise. However, I don't feel a penalty is
needed since we detected, reclaimed, responded to DWQ and then took the necessary
discipline to the careless operator.1
Thanks for your consideration in this matter.
CC: Greg Brown
Glenn Davis
I
Sincerely,
Jimm i on

0
®-Microbac �-Jabq tories, Inc.
TEVILLEVI y ,:a,. _
817' . CASTLE.. RAYNE .. STREET, • - _ —. F.._.- NC, # "'714;
——FAY$TTHVII-LE v-NC. USDA 03787
[phone], / "(910) 864--8774,', (FAX).
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY - FOOD SAFETY - CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS CERT #28404
CLIENT: NC DENR - DWQ
ADDnsaa r waahovia Building, Quito 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Paul Rawls
DATE REC'D: 12/08/99 SAMPLED: 12/08/99
OAMDLMD DYs D. Rawla
DELIVERED BY: P. Rawls
SAMPLE CODE: Waste water, Grab
ACCOUNT,NUMBER: #KNO03 REFERENCE: HOC Farm #30
SAMPLE ID: 1. Discharge Point - ID #99W6128654
2. Culbert (Rd) - ID #99WE128655
3. Halfway between 2=4 - ID #99WE128656
4. Culvert (Ditch) - ID #99WE128657
DATA REVIEWED BY:�
DATE REPORTED: 12/13/99
AK%LYSIS METHOD ! 2 3 4
COLIFORM, FECAL (per 100 ml) SM18 9222D 297297 27000 37000 22000
Qo„d d ad1j Y5'F
CATS: < m Less than
> - Greater than
"ME11 'Em
DEC 2 3 1999
FAYEWEVILLE
REG. URGE
PAGE A OF 1
The data and other information contained on this, and other accompanying documents, represent only the MEMBER
sample(s) analyied and Is rendered upon the condition that. it Is not to be reproduced wholly or In part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

® Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
817 CASTLE•HAYNE STREET
FAYETTEVILLE, NC 28303 A 4
[phone] / [phone] (FAX)
http://www.microbac.com
CHEMISTRY - MICROBIOLOGY - FOOD SAFETY - CONSUMER PRODUCTS
WATFR - AIR - WACTFC - Fonn - P14ARMACFTMCAI _C - NTrTRA('FTITI('AT.R
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Paul Rawls
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Upstream - ID •99WU128672
2. Farm'Rd Culbert - ID #99WE128673
3. Halfway - ID #99WB126674
4. Pond Entrance - ID #99WE128675
,DATE `REC'D;­ 1.2/09/99
SAMPLED BY: P. Rawls
DELIVERED BY: P. Rawls
NC #11
NC' #39714
USDA #3787
CERT #28407
SAMPLED: 12/09/99
SAMPLE CODE: Waste water, Grab
REFERENCE: BOC Farm #30
DATA REVIEWED BY:
DATE REPORTED: 12/13/99
ANALYSIS lldTHW 1 2 3 6
COLIFORM, FECAL•(per 100 ml) SM 8�9222D 2300 •12000 39000 47000
Cclti®TPS: < a Less than
> @ Greater than
I RECEIVED"
D EC 2 3 1999
FAYETTEVILLE
PAGE 1-OF 1
The data and other Information contained on this, and other accompanying documents, represent only the MEMBER
sample(s) analyzed and Is rendered upon the condition that It is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Cherpical and Microblological Analyses and Research
—AOL

O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
http://www.microbac.com
CHEMISTRY - MICROBIOLOGY *FOOD SAFETY *CONSUMER PRODUCTS
WATER - AIR - WASTES - FOOD - PHARMACEUTICALS - NUTRACEUTICALS
CLIENT: NC DENR - DWO
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 20301
CONTACT PERSON: Mr. Paul Rawls
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Pond Outlet - ID #99WE128676
2.
3.
4.
NC #11
NC #37714
USDA #3787
CERT #28800
DATE REC!.D: 12/09/99 SAMPLED: 12/09/99
SAMPLED BY: P. Rawls
DELIVERED BY: P. Rawls
SAMPLE CODS: Waste water, Grab
REFERENCE:' BOC Farm 00
DATA REVIEWED BY:
DATE REPORTED: 01/12/00
tf*#*t*f#*t**###tk*#**kkk**tk*k***#k*k*kk*kk**kkkkkk*tkkkkkk*kkkk**k*#kkkk***#kt**ttftt#t*
AMRLYS IS NLMM 1 2 3 4
tliftf#fttftttttttt#tf*t*#*ttt*it*tt*tttfttkt*t*##tk*ftkt*tk*#kftkt#fitktt#*tttttttttftttt
COLIFORN, FECAL (per 100 ml)
Co es < - Leas than
> - Greater than
SH18 9222D 454
PAGE 1 OF 1
The data and other information contained on this, and other accompanying documents, represent only the MEMBER
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

FAYETI£VIL LE DIVISION
817 Castle Hayne Street Fayetteville, NC 28303 Phone [phone]
CHAIN OF CUSTODY RECORD
f1
s+.
PAGE I_ OF
me
mmoo'�IIIIII�IIo�
wr=Iffm M'1�-
Nkmp tend bIrOkmauffel
�
•Z�-f�
Time
�.`4�0
arr.134p —)
Daft
Time
�
"a7acui
Timms
etinquuftd W. (Sgnatun)
l7ata
br. ISipna -)
Data
nw
51
6
wNuestoa by: Hug ire)
DateTime
Received br (SgnsWre)
Date
rms
Comments or5peckd Hazards:

FAYECPEVILLE DIVISION
917 Caste Haynt Susie Fayettevile, NC 28303 Phone (910) BW1920
CHAIN OF CUSTODY RECORD
PAGEOF�
.231r HAM a ADOMIM
[ECG-► ��
�. I! Y
-Lr: t iz� r1 c a r301
PON
! UXATMOlt
60 C r, frn, *- 3 0
scr
8
D
T
L
E
TYPE
OF
ANALYSIS
PRESERVATION
U
E CODA = -WC ONLY
B = HUM Wv<4 + 4M
C = H2SO4 064� + 4 rC
p = N:o�, . ceC
E s ZN Arta ftft + <4'C
F =
ACT PERSM''
-CT rr1
I� _ -
T/
WAPLBt4f
h i IMETH D at: SHUMO tr:
LAB ID 0
SAMPLE ME
DATE
TIME
COMPIORM
PH
I Dua
tap v
a
Farts L Cu v
-g -77
9: It
✓
3
�
x- g -g�
� : t
✓
A
-
q
P F r,e
a--1 -99
7: OL
iH
r7m,
ifti ViN
Canwxmft or Special Ham ds:

g ,; [3 Division! of Soil and ei�ater; CoI15et Vation ,operation �B VIeW , l ti',+ a {+ ii s' `k�'tENl
t i' Division of Soil and3Water Conservation,--Coniaplitnce Irispectxon; t`` }t} 3 " Pit�1t,ti
Division of Water Quality - Compliance Inspection m ^� 1, i/ (N`S'' „' i
Re Other Agency -Opetioii ra
view. ,
Q Routine Q Complaint Q Follow-up of DWQ inspection Q Follow-up of DSWC review • Other
Facility Number �-- I� o Date of Inspection /�—
Time of Inspection 24 hr. (hh:mm)
�J Permitted ] Certified [3 Conditionally Certified [3 Registered JL3 Not O erDate Last Operated:
r
Farm Name dJ �i �OVV►vJ # County:...............I�/P....4o.r.......... ...................
..................................................................... , ......
Owner Name: .............Or4W1y�. 5..... .....�1�'^-1.... �'^— " Phone No: ��............"'...1 PV 0..............
............. r
Facility Contact: ..................pJ..!..r!"l.!YYt�' .....1'..! J, or`.....'Citle:............................... �......q............. Phone No:....................,.,.....,......................
Mailing Address: .................1r��....... ....... T.P.....C............................................... ...
Onsite Representative: , N .....�,r? !f...�(�,f.. !!�!'t :uvt� integrator.-.,' r l i:% 5..... !9�
JJ ...........,
Certified Operator:.. G leom D � S Uperator Certification Number :
../... ..........................................
............................... ......
Location of Farm:
i
....... ............I.................. ............................................................ ......... A
Latitude a 4 C��� Longitude • ' 44
Design
Swine a acit
C'
Current Poultr i^
Po ulation y
Design Current „ ,,,
;+,
Cu acity..Po `+ilation; Cottle
Design Current
Ca actt ..Po ulatton
❑ Wean to Feeder
❑ Layer Lay
❑Dairy
'
❑ Feeder to Finish
❑ Non -Layer
❑ Non -Dairy
Farrow to Wean
&Ietp
Farrow to Feeder
❑ Other
;.i
Farrow to Finish
Total Design Capacity
oe
Gilts,
❑Boars
- Total SSLW
Number of Lagoons JEJ Subsurface Drains Present I ❑ Lagoon Area ID Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Im acts
I. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon �J Spray Field ❑ Other
a, If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the eslimated flow in gal/min?
d. Does discharge bypass a lagoon system? (Il'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 1 Structure 2 Structure 3 Structure 4 Structurc 5
Identifier:
Freeboard(inches) : ............. I......'r............................................. .................................... ................................... ...................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
Yes ❑ No
❑ Yes
0 No
XYes
❑ No
A -
Yes
❑ No
❑ Yes
1Z No
❑ Yes
[(No
Yes ❑ No
Structure 6
❑ Yes YNo
Continued ack
3123/99

'LAP'I..'�✓�;.11t'"..-",..�i"'n��,Tw....'"�'�w�,.�.��'r-"`A.f'u_.a�•-;J"'4.3cK*^tiv�S•'1�x �'�-., - .ti. c'i .�^i„�1+-,�,.,, i�, .. .ti , .•��—. M., �r•.i" y., r: -
�
Facility Number O Date of Inspection
Time of Inspection 24 hr. (hh:mm)
0 Permitted Certified [3 Conditionally Certified © Registered 10 Not Operational I Date Last Operated:
r . f'r J.................
FarmName: (.0 .> County:.............�1Gecle �....ca.......... ..#.................. ` , ...I............°.............................................. .....
Owner Name: ...4 UWN� S .....Ccr f01. v 1... ...... Phone No :............. ,.,.`.. .. .........................................
.......
Facility Contact: ........ ..........
p3...?..! ....r!:?...�'.........L. 4?!`J—Title:.........................,...................................... Phone No:...................................................
Mailing Address: .............. ..0...am 7g � f ...........
............. ....... .....I....................................................................................... �....,
....
.
�.
OnsiteRepresentative m r... V..... �{.� ..........„vl;: lntel;rator:......�%f�LriV C7 Cyr/�?/��,c, �v�.
Certified Operator: l� �Frtrt �uJ� S �orfo� vl �c%�trj Operator Certification Number:.........................................I
... ..........................,... J ................
Location of Farm: I
/ ."
...................... .................................... ­­ ........................... ......................... ....
t
Latitude Longitude
' ' ..'Design
Current t' Design Current',,', Design ; `;lCuri:e'nt"
Swine Ca acit
Po ulation , . Poultry .Ca achy. Po ulation ., Cattle ... � Ca acit " +Po illation _ ;
❑ Wean to Feeder
❑ Layer ❑Dairy
��•"�1
❑Feeder to Finish
; ❑Non -Layer is1 11]Non-Dairyli
Farrow to Wean
❑ Farrow to Feeder
❑ Other py P'"' i
1
df ❑ Farrow to Finish
PS 1 ��li E 1, j5 k� l7�
�3��1,I#; Total Design Capacity: toad
;'�i l€i�t
�
❑ I3oarS
k 4..,TObal"�SL • '-''
:3,. Nu>rnber,of Lagoods,
c{;
❑Subsurface Drains Present
❑ La goon Area
❑ Spray Field Areajgi
❑ No Liquid Waste Management System
Holding Ponds / Solid Traps
1
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? Yes ❑ No F;
Discharge originated at: ❑ Lagoon Spray Field ❑ Other '
a. If discharge is observed, was the conveyance than -made? ❑ Yes '1i -
h. If discharge is observed, did it reach Water of the State? (Iryes, notify DWQ) Yes ❑ No
c. If discharge is observed, what is the eslimated flow in gal/min'?
d. Dees discharge bypass a lagoon system? ([C yes, notify DWQ) 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 CYNo
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway 9Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure a Structure 6
Identifier:
Freeboard(inches):..................................................:................................... ................................... .... I ............ I................. ...................................
5. Are there any immediate threats to the integrity of any of•the structures observed? (ie/ trees, severe erosion, [] Yes No
seepage, etc.) /[
3/23/99 Continued on back

Facility Number: 0 — p Date of Inspection
6. Are there structures on-silc which are not properly addressed and/or managed through a waste management or
closure plan? Yes j�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 lNo
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No
11. Is there evidence of over application? Excessive Ponding ❑ PAN Yes ❑ No
12. Crop type �yrt�tl C
13, Do the receiving crops differ with those designated in the Cer tfied Animal Waste Management Plan (CAWMP)? ❑ Yes No
14. a) Does the facility lack adequate acreage for land application? / "/� 1 / El Yes No
b) Does the facility need a wettable acre determination? �� • a rv-,- w t l f ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? -A le a WPr /_ f�p� Oh Ike ❑ Yes ❑ No
15. Does the receiving crop need improvement? etle✓t, "A -t-►'JC fC/:st(.•e►��t,r' S ❑ Yes No
16. Is there a lack of adequate waste application equipment? (p� �e atq W � e I��I.116b rei f�,j_Yes N�o� / �,
Reuuired Records & Dncuments f idler a �� 1' l"'�`°w ��t • �`8`' 10 !,'1C�`* e
17. Fail to have Certificate of Coverage & General Permit readily available? P� +'3�ta5 I/Q 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.) ❑ 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
1XNo
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
o �viQl'a�ignjs ;off ii�#�eiet�cies •r��re ppt;e�• d>;tri�g •th�s;visit; • Y:o� iviti •�eetYiye Ito i'u4 t�gr; • • ,
i�tir:res�oridence.' abatit, this visit. ... ' • • • ' • • • • '
Comments (refer to question #): Explain any YES answer's and/or any recomntendations or any other comments -`--
Use drawings of facility to better explain situations. (use additionai:pages, as necessary): ,k . l i ;• ;
A4k : D LJQ re,51 cos-t/ a A ce Maas nA4' tol 6� ; 1 MMU! hs-an reC grcl i � y .
ot dt sC�� w 4;vl ol �.s �e 90C ,-t It ..3 0 • Q i S CiaU� e or�/
Orc�Qd Lupvo
LA'�%Ir � -�r trr;6cL4 c� t� A� a�nocw �' la -'I- 9i �7i;csdtaj,, �
see 5 t-1a u�. s ��a lw.s so 1, se) was rt�,P , --ire ,►ar n �7.,
in gAtomjr - •l
Reviewer/Inspector Name I - - v r `� } , i, ; ,, -' i-t4i,� r i ,f
Reviewer/Inspector Signature: Date:
3/23/99

Facility Number: 07 — Igo Date of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
❑ Yes
EYNo
(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
f No
8. Does any part of the waste management system other than waste structures require maintenatce/improvement?
❑ Yes
No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
1�No
Waste Application
10, Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
I I. Is there evidence of over application? Excessive Ponding ❑ PAN
[ Yes
�
ElNo
12. Crop type roqsjr�nV Snt,vt,Lh crt•✓i
13. Do the receiving crops differ with those designated in the Cer ified Animal Waste Management Plan (CAWMP)?
❑ Yes
[A No
14. a) Does the facility lack adequate acreage for land application? /j� f �°
' �'''''
❑ Yes
[ No
b) Does the facility need a wettable acre determination? / " �' t "` W 1
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination? 4.) a LUrr. Heel reOor� om M-e
❑ Yes
[INo
15. Does the receiving crop need improvement? f UC4 w?�f "t t Vf cQf f e1,61" 0 p S
❑ Yes
No
16. Is there a lack of adequate waste application equipment? 0 ke A, I�f� �f���C��' `
❑ Yes
�No
I�f
Required Records & Documents ProVI C a Ole iCf ll ��rrX�7lnc�t`{I�/ E , Per '�
-
! vt Cf Iec e
--
{,to, T t Yvt� � �"� r�1 U o �in-�
17. Fail to have Certificate of Coverage & General Permit readily available? rr
❑ Yes
4,
❑ 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.)
❑ 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 qNo
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
N1O-*i6l'a0OOs'ot• de#icie qpi wqre P4tpd- doifig ihis'visit' • Y:oli'Will teoiye lid fui�t�ter '
corres• ondence' about. this visit.:
Comments refer to ueshc►n # tEx lam ` y , wars and/or an " ` "" �� ° �i rr n, 1,;i;t �, !,
„E.. _ . 3 t . ' E '' F' ! !, Yr=,� €, e '!
-( q ' ' ) p an YES ens y recommendations ortany other,comments ,,
r „I : f :f
Us'e drawings of facility'to`better Explain Atuattonsr (use'addrttonal.pages;as;necessriry) Eta :4°ea Ei_d'Fl
I. F• °�aE E�.r_4 13 �: e,f.. T. iEY2t
�o� : ��i,J� r��Ic.�a� a����� t.va5 I?�r>�•� �6 .� iw,n•t Uir�Su�r ���4�G(i�,-�.
a DISC harc,-,- tjO, QMA,tiO(A-q5 f -CTu+" Df�C n'►,� # .30• Qr5dlarc,P brfcyz??7F4J
/X - A r J J
r � r�.�
L.t7 rlf z�J{ trrrc��'t r�»�! U� r{�� G trrlt�cv�! /c�— %` cI % �rs/dry) ' l
X
ki (fC€r°l�� Aas So1iJsey LU4,S l.t_ cr,? -CJ�`P W'1�w er r' J r1 P -�; e f�� 05 0 rt°Sk 1�` , Cj; 54 wo fcv—
w
!' ��..�%r
-, I�i'tReviewer/inspector Name �� I' "AI€_%I
­� Reviewer/inspectorSignature: ,c.c.s .._. Date: /a— Z2
3/23199

Facility Number: — J
Date of Inspection
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 bladc(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
Additional Comments and/or Drawings:
-t° E+�t-erw Q U�--a�,
,F1 a - lit
a 40� a^� P-
J
0,
i
0 PAW,
' i 1
} I � ♦ t1 �f
!7
3/23/99

w '•
Facility Number: — f O Dale of Inspection
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?
❑ Ycs
❑ No
30,
Were any major maintenance problems with the ventilation fan(s) noted? (ix, 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 it pernianent/temporary cover?
❑ Yes
❑ No
_ . ly,.iI,}i�e[it.i4i��'. Additional Comments and/or .� .3�
W4s4 -Ar� 6( I'll L'�.V/ ce,
-TIC /-s 4
wao C." wfn ? In-1 ���dl.� t r�re��ti� U � `°'1 5 / k
f
y41 S� 7 was
/'d�Q.✓� Ihti � 1J'�P CV /LiNVt/?'tVl-vim WG54e,,,
Sm� 1T40t
4-0l,J�U] n fir" L,•. J Vr�-�-,,,�
n
►"'TU%v 5-�:.�++wv�J. rK�U"''��1 � {.�'�-v,n ,i�2�i1 U'` a2zo�� U�-r � 5! 7`�' CJ�i
3/23/99

Facility Number: -- ?p Date of Inspection
r
AdditionaliCom,tnents and/or Drawings,•
POI U00 A~KA;-,D
WG�-�.t•�rrv�i - � �''`o'� ' �! ' Ltr� �5a
c 4 -L
� 4AY
04
7/25/97

r .44-11 r . 'yyy7 c+.�rvrr.yra ti' iiA`,F+' "�i.,.,fi"ij 3.'r„'3."�"�"'t`I -1t`Tt "` 'n•th,!''..+:,.iw'u� rfy�aix Jt•c'...k�'�i:......+U1.. ,ra'`�y�'i+k`'d"� iZ�s1fb74�`.�. yt� 9
Facility Number! - j, ]:late or in pection
r
Lwv� Yw;,;4 OVIJ
b
la �►�.
5
,i
0
I
f r
7/25/97

DEC-16-99 THU 10:55 AM BROWN S FAX NO, 9102961675. P, 1
'AA A hVk
RECEIVED
DEC 16 1999
FAYETTEVILLE
REQ. OFFICE
December 16, 1999
Jeffery Brown
Environmental Engineer
DENR-DWQ
Wachovia Building, Suite 714
Fayetteville, NC 28301
Dear Jeffery,
In accordance with our permit for BOC 30, we officially notified you about the
wastewater discharge on 12-9-99. The discharge occurred by the operator failing to
watch the system as it was being operated. While the rate of application did not exceed
recommended rates, it was to fas' for soil conditions.
We regret this incident and have made some discipline actions within the
company. We appreciate you responding the same day and the recommendations you
gave. We did send notifications as required. Copies are on file In this office as required.
Thanks again For your help and consideration.
Sincerely,
Jimmy son
CC: Glenn Davis
BROWN'S OF CAROLINA. INC.
70S HWY 24 EAST - P,O, 60X 487 • WAR5AW, N,C, 28396 - PHONE (@10) 200.1000

BROWN'S
OF CAROLINA
Jeffery Brown
Environmental Engineer
DENR-DWQ
Wachovia Building, Suite 714
Fayetteyille, NC 28301 ,
Dear Jeffery,
December 16, 1999
In accordance with our permit for BOC 30, we officially notified you about the
wastewater discharge on 12-9-99. The discharge occurred by the operator failing to
watch the system as it was being operated. While the rate of application did not exceed
recommended rates, it was to fast for soil conditions.
We regret this Incident and have made some discipline actions within the
company. We appreciate you responding the same day and the recommendations you
gave. We did send notifications as required. Copies are on file in this office as required.
Thanks again for your help and consideration,
Sincerely,
?Jimmy i son
CC: Glenn Davis
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST - P.O. BOX 487 - WARSAW, N.C. 28398 - PHONE [phone]

*o�asJt`k ii0!-1SavN�
1 - Zt
OP i d iD 6 5 -O } _ t [ I'o bva-%'VMW V'dS 4Z%S
p s�-AQN

ENVIRONMENTAL Fax:919--1'16-6767 Dec 5 '01 12:22 P.01
..... .... .
Q
g
el
yg
Ap6so 7
791,7d)— ON;, -LI
-71
I IV"
:S1N310VN031
:UH31i 03)[11YK, J) (S)l.QKn:)00 J0 ldfS:KJIFIAJIIUWOZ;,,w
:(1.3 J-HS
i7l 4 1
tllj()N: jo

<'`� 3,9TAT9 'OF NORTH CAROLINA YN TIDE GENERAL COURT OF JUSTICE
Y rik"` SUPERIOR COURT DIVISION i
UT-ADEN 2001 CVS 303 'r
1. — WORTH CAROLINA, ea rel.)
Rgw4.Jr., Secretary of the
,� tt ,w
a 1Depariment of
i nt and Natural Resources,
L` ,`fyv`„ • P�i�uti ) CONSENT JUDGMENT
V.
`D<pS OF CAROLINA, INCH
. Defendant .'�.:• ��
Plaintiff, State of North Carolina ("State"), and defendant, Brown's of Carolina, Inc.
F. rown's"), hereby agme to the entry of this Consent Judgment in order to resolve the matters in
��ontroversy between theparties without the need for further litigation and without admission of r
r, iabilitybyeither party. The parties agree that this Consent Judgment maybe signed out -of- � '�.
�A t<
l'u' pamt3!, ot4t=Of-melon and out -of -district.
Based upon the verified Complaint and Motion for Injunctive Relief and the
piieseatsukions of the parties, and with the consent of the parties, the Court makes the following
,r ,- 4*indiw of Fact and Conclusions of Law:
• �'IYNtt L'i•'J�' llf .' ...
•fit ..4.N
"'!{ k , FINDINGS OF FACT
• �rt. •,y.3k3}.:+,,"."fir.
, >:: �!'Y1,r�. !•}tt ''tom,- "I`!
W.
j.
y
t .
r .
ZO'd �Z:ZT TO. S 3@9 Z96-9TZ-616:x?J �d1N3WNOKAN3

' e IBM
77
RA•FT
*,PWnti6iztbe sovereign State of North Carolina This action was brought on the
1� 4r.
,1j. .lof William G Ross, Jr., Secretary of the Department of Environment and Natural `
qa<u'Rwoutcee (MDENR'), the State agency established pursuant to N.C. Gen. Stat. 1431'3-275 et se
;d vestod with the statutory authority to enforce the State's environmental pollution laws,
kidudiak
bm enacted to protect the water quality of the State. s ;�
2.' Def mdant, Brown's of Carolina, Inc, is a North Carolina corporation that' s; a wholly
�siw 1� • .•.tiff
: of Smithfield Foods, Inc., of Smithfield, Virginia, and is doing business as the
` L5$ iawn'a 030 Farm, a swine facility located off of State Road 1710 in Bladen County, North
BOB.
3. N.C. {ten. Stat. § 143-21510C provides that no person may constructor operate am;.^'
"� Animal Waste management system for an animal operation without first obtaining either an
Ihdivuinel permit or a general permit from the Environmental Management Commission. An
management system" is defined as "a combination of structural and non-structural.90
E ocs which will properly collect, treat, store or apply animal waste to the land such that no ..,,
;ischaxge of pollutants occurs to surface waters of the State by any means except as a result of a
+storm event more severe than the 25-year, 24 hour storm." 15A NCAC 2H.0203(3).
•f
'J �`
4: Through a Memorandum of Agreement, the North Carolina Department of
�x' I,T',
z�o�teat and Natural Resources ("DENR") has been delegated the authority from the,
°Snvimnmental Protection Agency ("EPA") to administer a National Pollutant Discharge.
Effininat[nn System ("NPDES") program for animal operations under the federal Clean Water.
;Act
fir+`•
is :�':.1
i
2
:A1..1'Li ems.%". t.f .IS'• i�'_Y.1 i.•.
O'd �= bZ: ZI TO, S 58a Z96-9T1-6T6: XQ3 �diN3WN0KAN3

p3: forth Carolina has adopted EPA's concentrated animal feeding operation (" CAFOrr
S• ��yy r 1_:r �+I(
ibtind is Fart 122.23 of Title 40 of the Code of Federal Regulations. 15A NCAC '£
I iown's owns and operates a farrow to weans swine farm operation, known as
#34, which is off State Road 1710 in Bladen County, North Carolina. Brown's
; .4JO has a t6tal design capacity of 2,000 sows. Located on the farm are several hog horses acid!';
• 4J;y �s� yY,'I
an annual waste management system which consists of one lagoon and several nearby
;4a'SWftydRds oath which the animal waste stored in the lagoon is land -applied.
� XV ; .gown's obtained a certificate of coverage, AWS 09170, under the Department's
visirm of Water Quality CDWQ") non -discharge general permit for swine farms on June 16,
M8.
8. On December 8, 1999, Brown's notified DWQ of a discharge of wastewater from a .A' 1: t
G �•'$play�elii at Brown's #30.
y l l`i7" '2 r�
yj � ;=9: On December 9, 1999, DWQ staff observed wastewater in a pond on land adjacent to
7 -41
'G Staff observed that wastewater had left the sprayfield, entered a culvert, and
•�Il ♦. i�tr .`•, is
li0wed tbroutgh a diversion ditch into a pond on adjoining property.
44
I0.Oa January 31, 2000, Brown's reported to DWQ that the freeboard level (amount of
1i/.ors,
' .L r '
niM,.s ace from surface of the liquid in the lagoon to the top of the dike wall) in the lagoon at A=:
i'
tj�
.,
'-Brown's 030 was six (6) inches, which is less than the nineteen (19) inches required by Brown's
h.
d , �'derdfied animal waste management plan and general non -discharge permit.
I T. On February 8, 2000, DWQ staff observed that the freeboard ieveI in the lagoon at
gown's #30 was fifteen (15) inches. Wastewater was ponded in two locations on a sprayfield.
12.Oe February 9, 2000, DWQ observed that wastewater had run off of the spray£elds
.arf
''*' ..::.ir 'r'' •:mow ....ir.
VO .d .. sz: iT 10
, S oaQ .. _. .... .�9Z9--9T/_--6T6: x2J 1d1N3WN0dIAN3

DRAFT:
y .... • , Wf. •S 1
t-,dftdmto on unnamed tributary of Mill Branch, which is Class C Swannp waters of
MU Branch and its tributaries are waters of the United States within the meaning of
} 'Clued WOW Act IN
14.On September 25, 2000, Brown's #30 had between twelve 12 and fourteen 14
y.'�•>uches,of Freeboard in its lagoon'! •.;,'..
March 23, 2001, Brown's #30 had between seventeen (17) and eighteen (18) •:
f `, �bs�ard is rts lagoon.
A". II* . .The discharges t0 waters of the State documented by DWQ staff on December 9,
February 8, 2000, did not result from a rainfall event more severe than the 25-year,
i24-hour torn evil.' '
17. The December 9, 1999, and February 8, 2000, discharges of animal waste by Brown's
;,-00iutooaa uanumed tributary of Mill Branch are discharges of a pollutant fr
.om a point source �" '`~
1."•.}.a...
1b°wgtm of the United States and are prohibited unless incompliance with a NPDES permit:
.,, ! vim'' ',.,'.• ,'
CONCLUSIONS OF LAW
I. The Superior Court has jurisdiction of this action for injunctive relief to enforce the
State's environmental pollution laws and administrative rules pursuant to N.C. Gen. State §§ tk- ;
." 245 and 143-125.5C.
-2. ' Bladen County is a proper venue for this action because the violations of law alleged V`
o bii,@ m'Bh4en County.
t o shaft a unlawfW without a DE
3. A discharge of any pollutant by any person sh b NP S • ,
4`; r mi0ssued in accordance with the federal Clean Water Act. 33 U.S.C. § 1311(a)(2). A
TMI I
V•rt,�?jjam\:Ajj� I 1��.ii. ��yl�.�'
4
%L�11.�.`M_*ii l"•fi� �.�Sl++`!i'•}�S�`I�LY{'y'..e ': .1.:1:ir'"...,... .. :'4-..1.� ..+„-L. �L. "
so:d 9z: zl i0, 5 3aII Z9Z9-91�-6%: xP3 1b1N3W OdIAN3

M
DRAFT'
IQe CQ ic defined as "the addition of any pollutant to navigable waters from any post souxae.P
3;U.S:C. 1362(12).
��p "'`, • ;, 4. The Clean Water Act defines "pollutant" as "dredged spoil, solid waste, incinerator
'
;�••: , a..due, Vie; garbage, sewage sludge, munitions chemical wastes biological materials
rw
s,�beat, wrecked or discarded equipment, rock, sand, cellar dirt and
'Lo� *0
ra'� anunicipal, and agricultural waste discharged into water." 33 U.S.C. § `1362(6).
' S.' A point source includes "any discernible, confined and discrete conveyance,
, hulutliag but not limited to any ...concentrated animal feeding operation... from which
�VolldtadU no or maybe discharged." 33 U.S.C. § 1362(14); 40 C.F.R. § 122.23(a).
Appoint source discharge of a pollutant to waters of the United States is subject to the
ODIj , t requirement of the federal Clean Water Act.
Whenever DENR has reasonable cause to believe that any person has violated or is
MI S:toxiohiM any of the provisions of the State's eraviromnental laws or administrative
ti' _•ales, idaluding State water duality laws and rules, DENR is authorized to "request tfie;Attorneyy
to institute a civil action in the name of the State upon the relation of [DENR] for
�_ :• �' ' 0JUnCtive relief to restrain the violation or threatened violation," and, "the court shall grant the
„ °''��aelief necessary to prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-
'r;i�1s.6G:
F Brown's #30 is a CAFO as defined by the EPA, regulations in that it has at least 750
nunals.weighing over 55 pounds, which are confined and fed or maintained for 45 days or more
r any 12 mouth period; no crops are sustained in the normal growing season over the portion of
ie feedlot where Brown's #30 animals are confined; and animal waste, a pollutant, is
w,
uZed into navigable waters through a manmade ditch, flushing system or other similar
Z919-9TZ--6%: xPJ �d1N3WN
021I11N3

a
DRAFT
�r nm de device, or animal waste is discharged directly into waters of the United States which ' !°
MP; ofiand pass over, across or tbrough the Brown's #30 or otherwise come into ;
tie confined in the operation.
47�1'113rowu's #30 farm is a point source within the moaning of the Clean Water Act
h/1
c #:Is a CAFO and because it is or may be a discrete source of pollutant discharges to 4
r R`
� itears•bfthe•United States.
10. The recurring violations of the lagoon freeboard requirements specified in Brown's
Sus ad animal waste management plan and general non discharge permit pose a threat of `
of swine waste and wastewater' from the lagoon into the waters of the • - ".�;,
Lt. Defendant's certified animal waste management plan and the General Permit require
tit the minimwm freeboard that must be maintained at Brown's #30 is 19 inches. This includes .
:ale capacity to bold the 25-year, 24-hour storm event plus an additional 12 inches needed to
f�oaiaWn the struamml integrity of the lagoon. Defendant has violated the State's water quality
Admimumve rules, its certified animal waste management plan and General Permit }'
Wed to maintain the required minimum lagoon freeboard. ;
i 4_e le,L iiR:
' 12. The Clean Water Act ,requires that a NPDES permit be obtained prior to
"ooaima&ft nt of construction of any point source for the discharge of effluents and before
Oerativn of any point source.
'µ
14
13.' The defendant has violated section 301 and 402 of the Clean Water Act by '" '"'�`'•
a pollutant from a point source into waters of the United States without an NPDES
b
wr.
• Q
s ZT 10. S Sad 19Z9-9T4-6T6:xQ3 �d1NNN0�IAN3

I,.4A
'1 .
A'
-& DRAFT.
be
- .
afbath adequate freeboard and an adequate plan to manage the freeboard at
A th es the potential for future discharges of animal waste into e
liaite"deStates in violation of the Clean Water)Act unless immediate corrective
Mfin-6
—takw-
15. Defindant's continued operation of the Brown's #30 Farm without an NPDES
F
'violation found
ofthe Clean Water Act and EPA CAFO regulations in Part 122.23
of Federal Regulations which have been incorporated by reference into
ve Code. 15A NCAC 2H.0122.
Is entitled to bring their action for permanent, injunctive relief that compels
comply with the State water quality laws and administrative rules and the. federal
Mean Water AM
6
M
M
WAI- �A-
t -
V 7
OVA V.
ZT TO. s oad �919-911-616:xP3 �UN3WNOKAN3

YJ�
ORDER
NO'W, THEREFORE, based on the foregoing Findings of Fact and Conclusions of
id upon the joint application and consent of the parties, it is ORDERED, ADJUDGED
4
Brown's of Carolina, Inc., shall operate the Brown's 30 farm in
with the provisions of this Consent Judgment, its certified animal waste "'
AW
znagement plan, any issued permit or certificate of coverage, and with all other
applicable laws and rules to prevent any further, discharges or animal waste or
ivestawata from the Brown's 30 farm.
�} n, ,
" Defiradam�t shall apply to DWQ for an individual NPDBS permit for the Brown's
.,30 farm within 30 days of the entry of this Consent Judgement, which at a minimum
;p1�♦l�InA '. 'tq ,k• '
�hiclude conditions as stringent as this Consent Judgment which will not be
fix` .:•,k,,.A '•
contested by the Defendant.
3. The Defendant shall maintain the required lagoon frceboard level in accordance with
^► �,?�;,Ey' defendant's certified animal waste management plan and permit;
r•� 7 • F,iyd," . .
-z� 4. The Defendant shall survey the lagoon marker at the Brown's 30 farm to determine its
rF�"hip, accuracy, and notify the Plaintiff of the results of the survey, within ten days of the
:entry of this Consent Judgment;
;gyp; S. The Defendant shall evaluate the sprayfield and cropping system at the Brown's 30
i
w: • ' farm within ten days of the entry of this Consent Judgment in order to determine its
effectiveness, and notify the Plaintiff of the suitability of the crops and the, site, for the
volume and type of waste to be managed;
60'd 0£:LT TO. S 3@G
WI
Z9Z9-9T&6%:XP3 T-1UIN3WN0KnN3

..... ..... .
D RdF.
The Defendant shall, within 30 days after evaluating the crop and site for waste
mumt, as required by Paragraph 5 above, and determining that either the crop
*8 site is not suitable for the volume and type of waste to be managed, submit a
Ian of action to DWQ for approval, which sets forth a timetable and the steps.
'J,
i6idant-wiH take to ensure appropriate utilization of the sprayfield and 'cropping
syst= at the Brown's 30 facility.
yf. so
7'. The Defendant shall install flow meters on all spray irrigation pumps at Brown s 30
'k
vdtbin 30 days of the entry of this Consent Judgment;
N
.%U *�1'17bo D " integrity perform an engineering study on the structural int ty of the the Brawn's 30 facility within 30 days of the entry of this Consent
WMAzit, and thereafter immediately take any�recommended actions;.
.9. The Defendant shall have the opporhmity to demonstrate to the satisfaction of DWQ,
L116
by no later than 30 days of the entry of this Consent Judgment, that it has resolved its.
. '41
A-aboardmanagement problems by recent operational and site measures; and
following such demonstration date, any excursions from the freeboard, levels required
dw Ddimdant's certified animal waste management plan will trigger the.
requ#cment for the installation of automated lagoon monitors and recorders at the Brown's 30 facility within 60 days, unless in the opinion of the Direct& of DWQ'the
3.
excursion was caused by an event more severe than the 25-year, 24-hour storm.
10. The -Court shall retain continuing jurisdiction of this case until all provisions of its orders we carried out;
P.1ho.order of the Court shall be enforceable by and through the con teiript powers of
this Court, pursuant to Chapter 5A of the North Carolina General Statutes;
9
10T*d U:ZT 10, S Oaa � 9�9-9TZ-616:xPA �HB3WNWIAN3

,. m
cost of this
action, including a*tcrnay fees, 'if allowable, be taxed against
the
TWO ffic
day of June, 2001.
Superior Court Judge Presiding
10
m zT To. s 3aa z9Z9-9TZ-6%:x23 �U1N3WNOKAN3

71
wl
�5 y}_
r •N I X1
•'�tt;�V� {�k
f� fie. ', ti WS , ■
OLINA9 INC.
i, r M h+ •.
r ,
44
�• ����rV
4•y
M V
a �
ai�'r7s'■,`
r
' •4
NORTH CAROLINA DEPARTMENT
r
ENVIRONMENT AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
Kerr T. Stevens, Director
Division of Water Quality
ROY COOPER
Attorney General
James P. Longest, Jr.
Special Deputy Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, NC`27602-0629
[phone]
of ���� ' "���'•{�"���
1.RQt�t��iiQL.��•S.Sss�.Ja�itli�.:� '$.fir >,,.m�.� �•� :..a'_ _ _ ..—_...... ...... .. `�' _ _ _�:1•:.�. • r•�fi�
41 'd. M ZT TO. S O@G Z9�9-914-6%: xE3 �UiN3WN02 AN3 '