820337_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
Shady Branch Properties LLC
Shady Branch Farm
100 Lake Dr
Clinton, NC28328-8328
Dear Permittee,
laL_I, .IVto
DEOIDWR
L.j1-0
Y V QROS
=AYE­rTPvli.: _ OPPInNA1 OFFICE
February 14, 2018
Subject: Notice of Deficiency
Shady Branch Farm
Permit Number AWS820337
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 .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The foll 'ng invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2017PR000988
3/9/2017
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources – Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd--
-�'>—Nothinq Compzires'.--__., _
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,
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 AWS820337)

Water Resources
ENVIRONMENTAL QUALITY
July 8, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Shady Branch Properties LLC
Shady Branch Farm
100 Lake Dr
Clinton, NC28328-8328
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Sret-Y
S. JAY ZIMMERMAN
Director
RECEIVED
DEQ/DWR
JUL 12 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE
Subject: Notice of Deficiency
Shady Branch Farm
Permit Number AWS820337
Sampson County
Dear Permittee,
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(c) (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 ($)
2016PR001172
3/6/2016
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person'
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd-
State of North Carolina I Enviroanmenta! Quality I Water Resources/Water Quality Regional Operations
1636 Alail nwvi.c au" j Rag,: A NwIh Ce .4l 27699-{636
919 807 6464

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
0�� -'-'s. ( "�
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 AWS820337)

T LA
DEN.
North Carolina Departmeni of Environment an,,' Natural Resources
Division of 'Alater 114ity
Beverly Eaves Perdue Charles Wakild, P. E. Gee Freeman
Governor Director Secretary
September 17, 2012
CERTIFIED MAIL 7020 1870 0003 4774 7938
RETURN RECEIPT REQUESTED
Mr. George Eakins Jr.
II01 Bull Tail Rd.
Harrells, North Carolina 28444
Subject:
NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T. 1304
Delway Farm & George Eakins Farm Facility No. 82-337
Permit No. AWS820337 / NOV -2012-PC-0320
Sampson County
Dear Mr. Eakins:
On September 4 & 14, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Delway Farm & George Eakins Farm and the permitted waste disposal system. We wish to thank Mr.
George Eakins Jr. & Mr. Curtis Barwick, who were present and assisted during the inspection on September 14,
2012
As a result of this inspection, 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.1304, you have been found to be in violation
of your permit as follows:
Violation 1:
Failure to have properly operating land application equipment in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWG 1 OOOOOSection I1 1)
On September 4, 2012 DWQ responded to a complaint about land application equipment in the same location for an
extended period of time. You were notified by phone about this complaint and informed that DWQ would do a site
visit on this day but you did not meet DWQ. During a compliance inspection of your facility it was documented
that the spray reel did not retrieve the spray gun cart back to the reel during a recent spray event. On September 14,
2012 DWQ did a follow-up inspection with you at which time you stated that you operated the waste application
system knowing that the gun cart would not move as designed.
Required Corrective Action for Violation 1:
Repair waste application equipment before any more animal waste is applied in accordance with the facilities
CA WMP. 'rake all {neccesrspa�ry additional steps to insure land application equipment remains in compliance with
Section fl ER c°OTECTI4�I5cGTIOra'
225 Green St., Ste. 714
Fayetteville. NWh Carolina 22301
OnePhone: 910-43"3-33001 FAX [phone]% Customer Sero -41 t-8;?S2,3-6748 i�i �l ��tl'll I r
k E1�':
InFemeL uwrvy.h20.enr.state.nc.us
�
► �tl�l"�11,f�
:,n i=quJ ODtwriunLp l A*n n;=Wjz ! � EiGu _ iTr�)r•'r � -�

Mr. Eakins
September 17, 2012
Page 2
Violation 2:
Failure to notify Division of Water Quality of any failure of the waste disposal system that renders the facility
incapable of disposal of waste within 24 hours (Permit No. AWG] 00600Section 111 f)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 2.-
In
:In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation 3:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (Permit No, AWG 100000 Section II 4)
On September 14, 2012 during a follow-up inspection DWQ reviewed your waste application records and
documented that waste was applied 4 times on pull 10. You stated that you operated the application system
knowing that the gun cart would not move as designed. As a result of this you did not apply animal waste at rates
(Hydraulic overload / Pan) in accordance with your permit and CAWMP
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to hydraulic overload or over application the pan rate and take all necessary steps to insure this violation does not
reoccur. Repair application equipment and other steps could include but are not limited to modification of you
Certified Animal Waste Management Plan and/or adjustment and calibration of the spray irrigation equipment.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before October 31, 2012:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
March 1, 2012 to the present along with a copy ofyour CAWAlp.
2. Copies of waste application equipment calibration and irrigation design.
3. Documentation that repairs have been made to waste application equipment.
4An explanation from the 01Cfor this farm regarding how this violation occurred.
5. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the
future.

ie
Mr. Eakins
September 17, 2012
Page 3
You are required to take any necessary actions to correct the above violations on or before any waste
application are made and to provide a written response to this Notice by October 31, 2012. Please include in
your response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
Ifyou have any questions concerning this ]Notice, please contact Steve Guyton /Joel Shields or me at (410) 433-
3300
Sincerely,
StepheBarnhardt
EnvironIntal Program Supervisor
cc: Keith Larick CAFO Unit
Murphy Farms
FRO AP files
Shady Branch Properties LLC

ru"ENR--FRO
OCT 19 2012
®wQ
GEORGE K. EAKINS, SR.
1101 BULL TAIL RD
HARRELLS, NC 28444
October 16, 2012
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
Division of Water Quality
228 Green St., Suite 714
Fayetteville, NC 28301
Dear Mr. Barnhardt,
This letter is to provide a response to a NOTICE OF VIOLATION for my farm,
Delway Farms & George Eakins Farm (82-337). For the violation, I submit the following
explanation; my irrigation reel had a malfunction prior to the September 4t' inspection
regarding the gun cart retrieval. As your inspectors were made aware, the farm was sold
on the date of Mr. Guyton's initial inspection (September 4t) and to keep the lagoon in
compliance prior to sale my son, the OIC, did operate the reel on a few occasions with
the gun cart not working properly. While in operation he assured me that he rolled the
cart up with the tractor, when possible, and only ran for brief periods of time so as not to
cause run-off of waste. As stated above, my corrective action has been to sell the farm
and my understanding is the new owners have repaired the irrigation reel.
I would be glad to answer any questions you might have concerning this issue. I
may be reached at [phone].
Thank you for your attention and cooperation regarding this matter.
Sincerely,
r✓
{� A0111 -
George Eakins, Sr.

GEORGE EAKINS FARMS
1101 Bulltail Rd
Harrells, NC 28444-9405
February 10, 2011
Mr. Art Barnhardt
Environmental Program Supervisor
Aquifer Protection Service
225 Green Street Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Barnhardt,
RECEWE -
FEB 1 12011
DENR 4AYME LLE REGIONAL OFFICE
In response to your NOTICE OF VIOLATION for my farm (82-337) dated January 14,
2011,1 submit the following:
Violation 1; Condition V.2 Freeboard:
The OIC or a person under his guidance will:
Inspect the lagoons weekly
Inspect spray fields to determine crop stage & moisture conditions
Applications of waste will be made based on these inspections
Consult more frequently with my waste consultant as to irrigation scheduling
Consider the purchase or lease of a second irrigation reel
I take the land application of waste seriously and had rather retain excess waste and
rainfall in my lagoon than to pump it out and cause a violation. It is my desire that this
situation not occur again on my farm. It is my regret that this issue has occurred.
If you have any questions, please do not hesitate to contact my son, George Eakins, Jr. at
910-284-3559.
Sincerely,
George Eakins, Sr.

r
Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
January 14, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 0000 6682 8321
Mr. George Eakins Sr.
1101 Bull Tail Rd
Harrells, North Carolina 28444
SUBJECT: NOTICE OF VIOLATION NOV-2010-PC-1225
Administrative Code 15A NCAC 2T. 1304
Delway Farm & George Eakins Farm; Facility No. 82-337, Permit No. AWS820337
Incidents 201000796 and 201002697
Sampson County
Dear Mr. Eakins:
On 1/26 2010, and 9/30/2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection
Section was notified of high freeboard levels in lagoons on your farm 1. We wish to thank you, George
Eakins Jr., Greer Moore, and Curtis Barwick for notification, preparation of Plans of Action, and
assistance in the subsequent inspections and record review.
Dee Freeman
Secretary
As a result of this process, 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 .1304, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWGI00000 as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWNIP
in accordance with Condition V. 2. of Swine Waste System General Permit No. AWGI00000, On
9/30/2010 and 1/26/2010, your lagoons were documented at levels greater than 19 inches of freeboard,
which is a violation of you permit. Review of your waste management records indicate that your
freeboard issue was not primarily related excess rain, but due also to failure to manage the wastewater by
spraying during active crop periods.
Required Corrective Action for Violation 1:
Plans of Action were received on 1/27/10 and 10/1110. Take all necessary additional steps to insure
lagoon levels remain in compliance with Section V.2 of your permit.
The Division of Nater Quality requests that, in addition to the specified corrective action above, please
submit the following item on or before 02114/20111.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 One
Phore:910-433-33001 FAX:910-A86-07074 Customer Service: 1-877-623-6748 NorthCaro ina
Inters3et www.h20.enr.state.nc.us �atur�ll�
Arl Equal Opportunity iNYrmative Actiori Employer
0

r
.4
1. A list from the Operator In Charge concerning the steps that will be taken to prevent this violation
from occurring in the future.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Joan Schneier or me at [phone]
Sincerely,
Art Bahar t
Enviro entaqProgram Supervisor
cc: APS CAFO Unit

SOF W ATFq p Beverly Eaves Perdue, Governor
`O G Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
O Coleen H. Sullins, Director
Division of Water Quality
AQUIFER PROTECTION SECTION
December 15, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. George Eakins
654 Ward Road
Harrells, North Carolina 28444
Subject: NOTICE OF DEFICIENCY
George Eakins and Dehvay Farms
Facility No. 82-337
Permit No. AWS820337
Sampson County
NOD— 2010 -PC -1225
Dear Mr. Eakins:
On January 26, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by George Eakins of a high freeboard level in one or more of the facilities lagoons.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1300, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWG100000 as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG 100000.
On January 26, 2010, a lagoon/storage pond level was documented at 17 inches of freeboard. A level of
19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the
Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section (2) of your permit.
Mailing Address Phone [phone] LocationNpo IhCarol
1617 Mail Service Center Fax [phone] N. Salisbury St. Natimall
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwalerqualitv_org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Page 2
Mr. George Eakins
December 15, 2010
If you have not already done so, provide a written response to this Notice of Deficiency once lagoon
levels are back in compliance.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at (910) 433- 3339.
Sincerely,
Tony W. Hon tt
Environmental Specialist
Fayetteville Regional Office.
cc: Keith Larick/APS CAFO Unit
VFRO Compliance Animal Files
NCDSWC-FRO

search
` 1
Incident Incident
Details] Details2
�Z
C--33-7
Freeboard Levels Events
Page 1 of 2
Related Incident
* Incident Type: ron-Compliance Reporting Incident Number : 201
Category: APS - Anirnal 0d
* Started Date/Time : 0 120/2010 01:30 pari � � l c 4
* County : zSaa)pson -- Farm #: 820
Decimal DD:MM:SS
Latitude:: Position Accuracy: Select "Value--- _
Longitude: Position Meth Select Value ---
Position D* D, ---Select Value`-- .
Reporting Person : _ : Anonymous
First Name:; George 0 Address
Middle Name:: �, \
Last Name: Eakins City :
State/Zip :
Phone : 1 — Cell/Pager :
* Location of the Incident : Deiway Farre S. Ea'ki: Ja ,r,
Address:
City/State/Zip: Rose Hill
Cause/Observation of the incident : Directions
Action Taken
Comments/Findings :
Water Supply Wells within 1500ft :
Surface Water Impacted : Yes No ,1-5� Unknown Groundwater Impacted : .
Waterbody : ---Select Value--- _
Waterbody (Other) : Conveyance : ---�
Report Received By : Revels, Ricky.
Phone : 172D
Date/Time . 01.30 pir
RO Contact: Rei
Phone :F9 1 1
Date/Time : -
http:/lbims.enr.state.nc.us:70011selectOnelneident.do?id=3M05FMYGOOXPQ WX4CS2SG... 9/30/2010

search
Referred Via:, Phone -
Specific Causes :
Severe Natural Condition Vandalism
Page 2 of 2
Referred Via: --
-. Pump Station Equipment Failure
Finish_- __Cancel -
http://bims.enr.state.nc.us:7001/selectOnelncident.do?id=3M05FMYG00XPQWX4CS2SG... 9/30/2010

search
Incident Detailsl Incident Details2 Freeboard Levels Events
Incident Type : Non -Compliance Reporting Incident Number: 201000796
Date/Time : 01/26/2010 01:30 pm Farm #: 820337
County: Sampson City: Rose Hill
Responsible Party :
Incident Owner:
Permit: AWS820337
Facility
First Name:
Middle Name:
Last Name::-
Company Name • -
Phone
[Clear Respansible_PartA
Onsite Contact
First Name:,
Middle Name
Last Name •
Contact Agency
Phone:
Cel [/Pager
Fish Kill: Yes No 0 Unknown
Containment : Yes No Unknown
Storage tank : .`--"AST ,_;UST
Written Report Requested:
Information Requested
Closed Date:
Page 1 of 1
Find Owner tQearj
Find Permit [Clear]
Find Facility_ ["Clear
Address • � -_ � _�_
City
State/Zip
Cell/Pager:
Report Entered By : i_ Revels, Rid
Phone : [phone]
Date/Time : 02/10/2010
Estimated Fish Kill
Cleanup complete: ; = Yes
Well Contractor Cert#: - —Select Va
A
°�Fir�is� Cancel
http://bims.enr.state. nc.us: 7001 /rnaintainincident 1. do 9/30/2010

Agencies Page 1 of 1
. a
Incident Incident Freeboard I.evcls Events Related Incidents Action Histor
Details] Details2
Incident Type : Non -Compliance Reporting Incident Number: 201000796
Date/Time : 01/26/2010 01:30 pm Farm #:820337
County : Sampson City : Rose Hill
1-reeboard Levels �l
1 l
Waste Structure Waste Structure Freeboard flan Due Plan Date/"Time
Delete Received Freeboard
Type Identifier (inches) Date/Thw Date/"l�e Level OK
01!27120110
Lagoon 82-337 17.0
10:00 arri
Add' Delete.
g-=inisti _ Cance -
1
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BZo 33%
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http://bims,enr.state.nc.us:7001 /maintainlncident2.do 9/30/2010

GEORGE EAKINS FARMS
1101 Bulitail Rd
Harrells, NC 28444-9405
January 10, 2011
Mr. Tony W. Honeycutt
Environmental Specialist
Aquifer Protection Service
225 Green Street Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Honeycutt,
RECEIVED
.JAN 2 7 2011
DENR 4AYETTBALLE REGIONAL OFFICE
In response to your NOTICE OF DEFICIENCY for my farm (82-337) dated December
15, 2010, I submit the following:
Deficiency 1: Condition V.2 Freeboard:
On my farm during the fall and winter of 2009-10 I received high amounts of rain in
numerous events. These chronic rainfall events coupled with cold weather and wet soil
conditions made proper waste application next to impossible. I was extremely concerned
about potential effluent run-off and possible environmental degradation. After my farm
was pumped down out of the "red" I contacted staff of the FRO by phone so as to inform
them of my permit compliance.
I take the land application of waste seriously and had rather retain excess waste and
rainfall in my lagoon than to pump it out and cause a violation. It is my desire that this
situation not occur again with my farm. It is my regret that this issue has occurred.
If you have any questions, please do not hesitate to contact my son, George Eakins, Jr. at
910-284-3559.
Si cerely,
� � 1
George Eakins, Sr.

O"0 /00,,;7- ( V
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number. �? - -"3,? County: Sampson
Facility Name: Delway Hog Farr»
Certified Operator Name: Operator Number. George Eakins
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways,' and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/ID: BoBo GE
Spillway(Y or N):
Level(inches): 14 17
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic baiances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. Ar
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro depopulation
'if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste
once flood watch is canceled and Melds allow
I hereby certify that 1 have reviewed the information listed above and Included within the
atter hed Plan of Action, and to the best of my knowledge and ability, the information is
a rats, an rrect
r /
Phone: 9/o-,-->"37
Facility erlManager (print)
Date: / ✓
Facility owner/Manager (signature)

t
11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure ID. BoBo
line m =
532.1 lb PAN
2. Structure ID: GE
line m =
291.6 lb PAN
3. Structure ID:
line m =
lb PAN
4. Structure ID:
line m =
lb PAN
5. Structure ID:
line m =
Ib PAN
6. Structure ID:
line m =
Ib PAN
n. lines 1 + 2 4 3 + 4 + 5 + 6 = B23.7 Ib PAN
Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD_
o. tract # p. field # q. crop
r. acres
s. rema9nft IRR L TOTAL PAN u. appjk3b n window,
2 PAN balance BALANCE FOR
(IWacxe) FfaM (lbs.)
column r x s
1 SG
2.82
50.00
141.0 10101 - 3131
2 SG
2.02
50.00
101.0 10/01 - 3131
3 SG
1.41
50.00
70.5 10/01-3/31
4 SG
3.52
50.00
176.0 10/01-3131
5 SG
4.93
50.00
246.5 10/01-3131
6 SG
5.10
60.00
255.0 10/01-3131
7 SG
1.07
50.00
53.5 10101-3/31
8 SG
3.58
50.00
179.0 10/01-3131
9 SG
4.34
50.00
217.0 10101-3/31
10 SG
6.11
50.00
305.5 10/01-3/31
11 SG
6.11
50.00
305.5 10101 - 3131
12 SG
3.51
50-001
175.5 10101 - 3131
13 SG
1.73
50-001
86.6110/01 - 3131
s5 SG
4.21
50-001
210.5110/01 - 3131
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 2523.0 lb. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section II) = 823.7 lb. PAN
x. Crop's remaining PAN balance (Line v from section 111) = 2523.0 Ib. PAN
y. Overall PAN balance (w - x) = -1699 lb. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new information. If new fields are to be included as an option for lowering lagoon level, add these
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
receivinn facility-

PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (I©): BOBo
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker
14.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard
19.0 inches
c. line b - line a (inches in red zone) =
5.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation)
F 6-7-6-05-011112
e. line c/12 x line d x 7.48 gallonsW
210375 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 1 BO days
g. volume of waste produced according to structural design 85057 ft3
h. current herd # 1779 certified herd # 2580
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f--
4.
=
4. Total PAN to be land applied during draw down period
L current waste analysis dated I 8/14/2010
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
58650 if
ft3
39375 ft3
122204 gallons
1.60 Ibs/1000 gal.
532.1 lbs. PAN

L
PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Namelldentifier (ID): IGE
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 17.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches
c. line b - line a (inches in red zone) = 2.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 57740.87 ft
e. line c/12 x line d x 7.48 gallons/W 71984 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design46,155 ft3
h. current herd #F-2-10-0-1 certified hens #1 2100
actual waste produced = current hens # x line g = 46155 ft'
certified herd #
i_ volume of wash water according to structural design�ft3
j. excess rainfall over evaporation according to design u33682 fl?
k. (lines h + i + j) x 7.48 x 34 days/line f= 99530 gallons
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 8/14/20 1 0 i.70 Ibs/1000 gal.
m. ((lines e + k)/1000) x line I = 291.6 lbs. PAN
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)

HIGH FREEBOARD NOTIFICATION FORM
Staff please retain your original and place a copy in the High Freeboard Notification
Box located in Richard Canady's office.
Person Receiving Notification _ �- �v J S
Facility Number 82 - 331 Date Received /-z&-/O
Farm Name "pelwat Gca rj eFaKt�s
Caller's Name G c.or-a c Eaki,js
Caller's Telephone Numbers
Home#_
Farm #
Cell#_
Pager#
For all callers PLEASE obtain a phone number where they can be reached at any time.
(Cell phone numbers, home phone numbers, farm phone numbers, pager numbers)
Tell the caller that a member of the CAFO unit or Paul Rawls will contact them as soon
as possible.
Freeboard (in inches)
Lagoon # 1 "6
Lagoon # 4:
Lagoon # 2 Lagoon -#5 -
agoon#5_
Lagoon # 3 Lagoon # 6_
Do not instruct the caller on the action they should take. That is up to the caller. Remind
them that they are to remain in compliance with their Permit and Waste Utilization
Plan.
Make the caller aware that you are assigning a tracking number to their call. Give the
caller the tracking number and tell them to use this number for all future contacts about
this particular incident and when they call back reporting they are back into compliance.
High Freeboard Level Tracking Number is
Thank the caller for their cooperation.
*Water Quality Staff Only*
If the caller indicates that the lagoon level is.<12 inches, contact one of the CAFO staff
AND Paul Rawls. Do not leave a note, e-mail or voicemail without contacting the
CAFO staff AND Paul Rawls.directly on any report of <12 inches.
Treat any report of <12 inches as an emergency event.
*CAFO STAFF ONLY*
Establish a Filemaker/ BIMs Entry number for this report. 2—fO-i-o 0 0 -7 9 `P
Print the Filemaker/ B1Ms Entry and attach it to this form.

r
A
i
M
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number 82-337 County: Sampson
Facility Name: Delway Farm
Certified Operator Name: G. Eakins Operator Number:
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/113: #1 #2 #3
Spillway(Y or N): N N N
Level(inches): 17
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm etevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Inciuded within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro depopulation
"if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 1/28/2010
I hereby certify that I have reviewed the information listed above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
Phone: f�D�)� 1 l4 �� �,i r•.
9ficility Owner/M ager (print) //}} cc'a ti
"I -C ��n r06 aj.�- t •Ir. Date: / — 2 7— /O
Facility Owner/Manager (signature)

R
It. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure ID: BOBO side front
line m =
143.8 Ib PAN
2. Structure ID:
line m =
Ib PAN
3. Structure ID:
line m =
Ib PAN
4. Structure ID:
line m =
Ib PAN
5. Structure ID:
line m =
Ib PAN
6. Structure ID:
line m =
Ib PAN
n.lines 1+2+3+4+5+6= 143.8 Ib PAN
Iii. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIFLDS TO W141CH PAN CANNOT BF APPIIFD DURING THIS 30 DAY PFRIOD_
o. tract # p. field # g. crop
r. acres
s. rermhng IRR L TOTAL PAN u_ may wuidowt
2 PAN balance BALANCE FOR
(blaae) FIELD (Ws.)
column r x a
1 SG
1.23
6.92
8.5 9101109-3131110
2 SG
2.25
5.04
11.3 9101109-3131110
3 SG
1.11
33.00
36.6 9101109-3!31110
4 SG
0.49
50.00
24.5 9101109-3131110
5 SG
1.09
22.75
24.8 9101109-3131110
6 SG
1.87
35.15
65.7 9101109-3131110
7 SG
1.63
50.00
81.5 9101109-3131110
8 SG
2.26
41.35
93.5 9101109-3131110
9 SG
1.62
36.75
59.5 9101109-3131110
10 SG
1.85
32.00
59.2 9/01/09-3131110
11 SG
0.78
50.00
39.0 9101/09-3131110
12 SG
1.871
28.751
53.819/01/09-5131/10
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period_
v. Total PAN available fbr all fields (scan of column t) = 558.0 Ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section Il) = 143.8 Ib. PAN
x. Crop's remaining PAN balance (line v from section ill) r 558.0 Ib. PAN
y. Overall PAN balance (w - x) =-414 Ib. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new information. If new fields are to be included as an option for lowering lagoon level, add these
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
receiving facility.

J r
t
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Namelidentfier (ID): 82-337
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker
47.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard
19.0 inches
c. line b - line a (inches in red zone) =
2.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation)
67500 ft,
e. line c/12 x line d x 7.48 gallonsW
84150 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 67500 days
g. volume of waste produced according to structural design 85057.2 ft'
h. current herd # 2560 certified herd # 2580
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line t--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 12/16/2009
m. ((lines e + k)I1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
85057 f
�ft3
39375 fe
414 gallons
1.70 Ibs/1000 gal.
143.8 lbs. PAN

10
WArtR
0
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
George Eakins Jr.
654 Ward Rd.
Harrells, NC 28444
Michael F Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Date: July 11, 2008
SUBJECT: NOTICE OF DEFICIENCY NOD -2008 -PC -0508
Administrative Code 15A NCAC 2T.1300
Delway Farm & George Eakins
82-0337
AWS820337
Dear Mr. Eakins:
Alan W. Klimek, P.E. Director
Division of Water Quality
On April 7, 2008, you, or staff from your farm, notified the. Fayetteville Regional Office of the Division of
Water Quality, as required by General Permit condition 111 13 C. that the freeboard level of the lagoon was less than
the amount required by the General Permit. The liquid level of lagoon #2 was reported as 13 inches. General
Permit condition V 2. states "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 your farm, that is a maximum waste level of 19 or 19.5 inches freeboard.
The Division of Water Quality will take no further action for this reported incident at this time. The
Division recommends that you review your facilities and procedures with the goal of eliminating future high
freeboards, which could lead to mandatory review of your Waste Utilization Plan by a Technical Specialist,
Notices of Violation or monetary penalties.
The Division appreciates your cooperation in self -reporting high freeboards, pumping down lagoon levels,
and providing records. If you have any questions concerning this matter, please do not hesitate to contact Ms. Joan
Schneier, Environmental Specialist or myself at [phone].
Sincerely,
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
cc: FRO AP files
APS Central Fifes
DSWC FRO, Danny Edwards
Murphy -Brown, LLC
Division of Water Quality/Aquifer Protection Section
,NCDEN'Ri 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: http://gw.ehnr.state.nc.us
Customer Service: [phone]

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
George Eakins Jr.
654 Ward Rd.
Harrells, NC 28444
rvncnaei r t asley, Governor
urilham G. Ross 1r., Secretary
North Carolina Department of Environment and Natural Resources
May 30, 2008
SUBJECT: Request for Information — High Freeboard
Delway Farm & George Eakin
AWS820337
Dear Mr. Eakins:
Coleen Sullins, Director
Divisron of Water Quality
In early April 2008, you, or a representative of your farm, reported a high freeboard at
one or more lagoons. As specified in your permit, the Division of Water Quality requests
that you submit a copy of all lagoon levels, rainfall records and irrigation events from
March 1, 2007 through May 15, 2008 (fourteen and a half months) by June 16 to the
Fayetteville Regional Office of the Division of Water Quality. Any records submitted are
open to the public.
If you have any questions please contact meat 910-433-3300. Thank you for your help.
Sincere]-.
Joan Schneier
Environmental Specialist
Noorth C atohna
Naturall,w
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 .Phone [phone]
FAX [phone] Internet: h2o enr.slate.nc.us Customer Service 1-877-623-6748
An Equal Oaportunity/Alfirmalive Action Employei — 50% r^.ecycledll0% Posl Consumer Paper

ww �
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 10, 2002
CERTIFIED MAIL
RETURl'1 RECEIPT REQUESTED
Mr. George Eakins
650 Ward Road
Harrells, NC 28444
SUBJECT: NOTICE OF DEFICIENCY
Delwav Farm & George Eakins Farm
Facility No. 82-337 4
Sampson County
Dear Mr. Eakins:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On December 7, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted
a routine compliance inspection of the above referenced farm in Sampson County. The inspection revealed that
field #2 was listed in the WUP as a fescue field, however, the field has been sprigged in coastal bennuda. It was
also noted that the PAN rates listed in the WUP for field #14 were 120 pounds but the IRR -2 forms were
completed using 150 pounds. These discrepancies were noted in a previous Division of Soil and Water operations
review. It is a permit condition that this facility must operate utilizing the current WUP.
The Division of Water Quality requests that the following item(s) be addressed:
i. Amend the WUP to reflect the proper crop in Feld #2.
2. Correct the IRR -2 forms to include the proper PAN rates for all crops.
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 S25,000.00 per day per violation.
225 GREEN STREET- SUITE. 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX (910)48f)-0707 WWW.F-NR.STATE.NCLIS/F.NRI
AN EQUAL OPPORTUNITY / AFFnMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

r�
NIr. Eakins
1-10-02
Page 2
If you have an explanation for this Violation that you wish to present, please respond to this office by
January 25, 2001. If you have any questions concerning this matter, please do not hesitate to contact me at (9 10)
486-1541.
Sincerely,
/ l�f�
NI. Paul Sherman
En6ronniental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Nilson Spencer -Sampson Co. NRCS
Central Files -Raleigh

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Farm Number — %� N'� Date 0 -
Farm
Farm Name
Time
I
Owner First Name
I
+
Call Number
1227
Owner Last Name
:z-
Reporting Q Complaint
-�'
q
Source
tip x•-�.�L.�4 J-
0"1 Plan Due Date
Date Plan Date Freeboan
Inches (? equals blank)
Received Level OK
Breached
O Yes Q No I
reeboard Lagoonl
?
771
L
Depopulated
(D Yes Q NO
(�')
Freeboard Lagoon2
Overflowed
10 Yes Q No
Freeboard Lagoon3
7
LQ Issue
n Yes C-) No
Inundated IQ Yes Q No
Flooded 10 Yes Q No
Pumping Equipment © Yes Q No
Comments ................................
• t
Freeboard Lagoon4
Freeboard Lagoons ?
Freeboard Lagoons .
�Re e 2 -......._...... ---.......................... ...................._..................... ........................ ... --..
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State of North Carolina
Department of Environment
RUN Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governer
Wayne McDevitt, Secretary
Mr. George Eakins
DeIway Farm
650 Ward Road
Harrells, NC 29444
Dear Mr. Eakins:
p�NF�
DIVISION OF WATER QUALITY
October 22, 1997
Subject: NOTICE OF DEFICIENCY
Poor condition of lagoon dike
Delway Farm (Fac_ # 82-337)
Lisbon Road
Sampson County
On 9126/97, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Delway Swine Farm. It was observed that the lagoon embankments
were suffering from severe erosion and were not established with a grassed vegetative
cover. In addition, it was also noted that some of the irrigation events on the corn field
were not recorded in your pumping records
Therefore, the Division of Water Quality strongly recommends that you immediately,
repair and for re -grade your lagoon dike to prevent any structural problems. Once these
repairs have been completed, you are asked to establish the lagoon embankments with a
grassed vegetative cover. It is further requested that you accurately keep track of all
irrigation events on the IRR -1 and IRR -2 forms.
Please notify this office in writing by no later than November 25, 1997 at the
address located on the bottom of this page as to the actions taken or proposed to be taken
to resolve these deficiencies.
225 Green street, Sane 714 FAX [phone]
Fayetteville, North Carolina =301-5043 Aa Equal Opportunity Affirmative Action Employer
Telephone [phone] Sil% recycled/10% post -consumer paper

Page 2
Mr. Eakins
10122197
Nothing in this letter should be taken as absolving this facility of the responsibility
and liability of any violations that have resulted or may result from these deficiencies. If
you have any questions concerning this matter, please feel free to contact me at (910)486-
1541.
Sincerely,
Ed Buchan
Environmental Engineer
cc: Sue Homewood- Facility Compliance
Central Files - Raleigh
Audrey Oxendine - DSW Fayetteville
Wilson Spencer - NRCS Sampson County