820178_ENFORCEMENT_20171231

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
IDEF.HNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 6, 1996
Mr. Lee Cannady
Route 1
Box 53-E
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Failure to Follow or Implement Waste Management Plan
Cannady's Bacon Nursery (Reg.# 82-466)
SR 1323
Sampson County
Dear Mr. CannadT
This letter transmits a Notice of Violation for failing to follow or implement your waste
management plan. This is a violation of Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2H, Section .0217(4).
An inspection of your swine farm was conducted by Regional DEM staff on 2112196 and
414196, and it revealed the existing lagoon did not have the sufficient freeboard of one foot and
seven inches for the 24 hour 25 year storm event. In addition, it was also observed that the
application field was not complete and still needed to be cleared of roots and subsequently
sprigged with bermuda grass as your certified plan states:
"Your facility is designed for 180 days of temporary storage and the temporary storage
must be removed on the average of once every 6 months. In no instance should the
volume of waste being stored in your structure be within 1.7 feet of the top of the
dike."
Wachovia Building, Suite 714, Fayetteville�� FAX [phone] .
North Carolina 28301-5043 N50%
�� C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 recycled/ 10% post -consumer paper

Mr. Cannady
5/6/96
Page 2
Consequently, in order to remain a deemed permitted facility, it is required that you
implement your certified plan and establish the six (6) acres of vegetative cover as prescribed in
the plan. This will allow you to begin land applying waste so as to lower your lagoon level.
All corrective actions must be completed within thirty (30) days from the receipt of this letter.
Failure to do so may result in this office recommending to the Director that an enforcement
action, with a possible civil assessment, be taken and may cause the facility to lose it's deemed
status and require you to apply for an individual non -discharge permit for the facility.
Please be aware it is a violation of North Carolina General Statutes to discharge waste
water to the surface waters of the State without a permit. The Division of Environmental
Management has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
When the required corrective actions are complete, please notify this office in writing at
the address at the bottom of the previous page. If you have any questions concerning this matter,
please call Ed Buchan or Michael Wicker at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group
Chris Walling, DSWC-FRO
Ed Buchan, DEM FRO
Michael Wicker, DEM FRO

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
.lames B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Awo
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DIVISION OF ENVIRONMENTAL MANAGEMENT
May 6, 1996
CERIMED MAIL -t
RETURN RECEIPT REQUESTED `t y lQ� H� ►� go,"at�
Mr. Lee Cannady
Route 1
Box 53-E
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Failure to Follow or Implement Waste Management PI
Cannady's Bacon Nursery (Reg.# 82466)
SR 1323
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Sampson County
Dear Mr. Cannady:
Q'f
This letter transmits a Notice of Violation for failing to follow or implement your waste
management plan. This is a violation of Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2H, Section .0217(d).
An inspection of your swine farm was conducted by Regional DEM staff on 2112196 and
414196, and it revealed the existing lagoon did not have the sufficient freeboard of one foot and
seven inches for the 24 hour 25 year storm event. In addition, it was also observed that the
application field was not complete and still needed to be cleared of roots and subsequently
sprigged with bermuda grass as your certified plan states:
'Your facility is designed for 180 days of temporary storage and the temporary storage
must be removed on the average of once every 6 months. In no instance should the
volume of waste being stored in your structure be within 1.7 feet of the top of the
dike."
Wachovia Building, Suite 714, FayettevilleNOC
FAX [phone]
North Carolina 26301-5M An Equal Opportunity Affirmative Action Employer
Voice 910486.1541 50% recycled/ 10% post -consumer paper

n
State Aorth Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
X"WA
IDF=HNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 6, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lee Cannady
Route 1
Box 53-E
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Failure to Follow or Implement Waste Management Plan
Cannady's Bacon Nursery (Reg.# 82-466)
SR 1323
Sampson County
Dear Mr. Cannady:
This letter transmits a Notice of Violation for failing to follow or implement your waste
management plan. This is a violation of Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2H, Section .0217(d).
An inspection of your swine farm was conducted by Regional DEM staff on 2/12/96 and
4/4/96, and it revealed the existing lagoon did not have the sufficient freeboard of one foot and
seven inches for the 24 hour 25 year storm event. In addition, it was also observed that the
application field was not complete and still needed to be cleared of roots and subsequently
sprigged with bermuda grass as your certified plan states:
"Your facility is designed for 180 days of temporary storage and the temporary storage
must be removed on the average of once every 6 months. In no instance should the
volume of waste being stored in your structure be within 1.7 feet of the top of the
dike."
Wachovia Building, Suite 714, Fayetteville owl FAX [phone]
North Carolina 28301-5043 NOC An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

i
Mr. Cannady
5/6/96
Page 2
Consequently, in order to remain a deemed permitted facility, it is required that you
implement your certified plan and establish the six (6) acres of vegetative cover as prescribed in
the plan. This will allow you to begin land applying waste so as to lower your lagoon level.
All corrective actions must be completed within thirty (30) days from the receipt of this letter.
Failure to do so may result in this office recommending to the Director that an enforcement
action, with a possible civil assessment, be taken and may cause the facility to lose it's deemed
status and require you to apply for an individual non -discharge permit for the facility.
Please be aware it is a violation of North Carolina General Statutes to discharge waste
water to the surface waters of the State without a permit. The Division of Environmental
Management has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
When the required corrective actions are complete, please notify this office in writing at
the address at the bottom of the previous page. If you have any questions concerning this matter,
please call Ed Buchan or Michael Wicker at [phone].
Sincerely,
Kerr�T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group
Chris Walling, DSWC-FRO
Ed Buchan, DEM FRO
Michael Wicker, DEM FRO

State of North Carolina
Department of Environment
and,Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CLARGNCE CANNADY
2777 ODOM RD
CL�NToN NC 28328
Dear Clarence Cannady:
1••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Notice of Violation and Rev
Cannady's Bacon
Permit Number: AWS820178
Sampson County
May 23, 2001
MAY 10 2001
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system perrn.it was issued on 2/15/2001.
Your annual permit fee for the period of 2/15/2001 - 2/14/2002 is $50.00. Your payment was due 4/14/2001.
Because this fee was not fully paid within 30 days after being,billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Kerr T. Stevens
cc: Nan -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional"Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 1 50% recycled/ 10% post -consumer paper

0� WA7" Ry Michael F. Easley, Governor
�
G. William G. Ross Jr., Secretary.
`0 y North Carolina Department of Environment and Natural Resources
j Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Clarence Cannady
2777 Odom Road
Clinton, NC 28328
Subject: Rescission of Notice of Violation 1
Issuance of Notice of Deficiency
Cannady's Bacon
Facility Number 82-178
Sampson County
Dear Mr. Cannady:
Thank you for your recent submittal of the information requested in our letter dated April 15,
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. Wd 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 15, 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: {819} 733-5083
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01 -01
An Equal Opportunity / Affirmative Action Employer
60% recycled 110% post -consumer paper
hftp://h2o.enr.state.nc.us
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;NCDENR
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,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-178
Non -Discharge Compliance and Enforcement Unit
Central Files

CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Clarence Cannady
2777 Odom Rd
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Cannady's Bacon
#82-178
Sampson County
Dear Sir or Madam:
Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Divislon of Water Quality
April 16, 2003
-AR2329
On March 10, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on February 15, 2001. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone [phone]
1-877-623.6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699.1617 State Courier #52-41-a1
An Equal Opportunity/Alflmative Action Employer
50% recycled / 10% post -consumer paper
httpJ/h2o. enrstate.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
�,z 47—
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clarence Cannady
Cannady's Bacon Z�
2777 Odom Rd r
Clinton, NC2832�
Dear Permittee,
REUt LD
0Q/0R
FLH 2 0 211;3
1P V OROS
=AYEITF111up o1=mmA! OFFICE
February 14, 2018
Subj ect: Notice of Deficiency
Cannady's Bacon
Permit Number AWS820178
Sampson County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T.01 05(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.,
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2017PR000445
2/9/2017
60
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G,S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
<_-Nothlnq Compare.s7,_ _
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
b-6
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820178)