250006_ENFORCEMENT_20171231

NUH I H GAHULINA
Department of Enviro-NINIMI Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 24, 2011
CERTIFIED MAIL 7007 0220 0003 0155 8105
RETURN RECEIPT REQUESTED
David Stocks Farm, LLC
David Stocks Farm, LLC
3031 Kilpatrick Road
Kinston, NC 28501
Subject: Request for Payment of Civil Penalty
File Nn.- PC-7f11 1-001 h
Craven County
Dear David Stocks Farah, LLC:
Dee Freeman
Secretary
4 ��-6
On April 1, 2011, the Director of the Division of Water Quality (DWQ) assessed a civil r
penalty against you in the amount of $1,675.00, including $175.00 in investigative costs, for
irrigation on bare ground without a receiving crop in violation of the General Permit
AWG 100000.
If any civil penalty has not been paid within 30 days after the final agency decision has
been served on the violator, North Carolina General Statue 143-215.6A (g) allows the Secretary
of the Department of Environment, and Natural Resources to request the Attorney General to
institute a civil action in Superior Court of any county in which the violator resides or has his or
its principal place of business to recover the amount of the assessment. The Division has the
certified mail green card that shows you received the Final Agency Decision on April 7, 2011.
This letter serves as final notice that the Division will proceed to refer your case to the
North Carolina Attorney General's Office unless payment of this civil -penalty, is received within
10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek
collection through the courts.
Should you have any questions, please contact J. R. Joshi at [phone] or Keith
Larick at [phone].
Sincerely, -
SAY 2 6 2011
J. R. Joshl
_ I
Animal Feeding Operations Unit-, - - = uE=
cc: David May, Washington Regional Office .---- __.
File # PC-2011-0016
AQUIFER PROTECTION SECTION dRe
1636 Mail Service Center, Raleigh, North Carolina 27699-1636 -One
Location: 2728 Capital Boulevard, Ralegh, North Carolina 27604 A 1 — 4, —
Phone: [phone] FAX 1: 919-715Z86: FAX 2: 919-715-60481 Customer 5ervioe. 1-877-623-6748
Internet: www-niwatemualitv.or�
An Equal Opporiniry % AhrmaUve Altipn EmAloyer

X�,IIA
HCDEHR
North Carolina Department of Environment and
❑ivision of Waier Quality
Beverly paves Perdue Coieen H. Sullins
Govemor Director
June 7, 2011
David Stocks Farm, LLC
David Stocks Farm. LLC
3031 Kilpatrick Road
Kinston, NC 28501
Natural resources
Dee �reernan
Secretary
Subject: Acknowledgment of Receipt of Payment
File No.: PC-2011-0016
Craven County
Dear David Stocks Farm, LLC:
This letter is to acknowledge receipt of your check No. 1446 in the amount of
$ 1,675.00 on June 6.2011. This payment satisfies in full the civil assessment against your
facility and the case has been closed.
Should you have any questions, please contact me at [phone].
Sincerely,
J. R. J shi
Animal Feeding Operations Unit
cc: David May, Washington Regional Office
File # PC-2011-0016
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NC DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 1. 2011
CER'rTF1ED MAIL 7006 2150 0003 5466 9268
RFTURN RECEIPT RE C ESTED
David Stocks Fann, LLC
David Stocks Farm. LLC
3031 Kilpatrick Road
Kinston. NC 25501
SUBJECT
Dear David Stocks Farm, LLC:
Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 25-06
Craven Count•
File No. PC-2011-0016
Permit No. AWS250006
This letter transmits notice of a civil penalty assessed against David Stocks 1~arnz. LLC
in the amount of S 1,675.00, which includes S175.00 in investigative costs. Attached is a cope of
the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Qualin•. Anv
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 foliowing three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty xvill not foreclose further enforcement action for any continuing or new
violations). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
J. R. Josh]
DW Q
1636 Mail Service Center
Raleigh. North Carolina 27699-1636
ACUIFER PRO •,TIrON 5FC T ION
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Page
David Stocks Farm, LLC
2. Submit a written request for remission including a detailed justification far such request:
Please be aware that a request for remission is limited to consideration of the five factors listed beloj;r as then
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted. and submit
it to the Division of Water Quality at the address listed below. in determining whether a remission request
will be approved. the following factors shall be -considered: -
(I) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were
wrongfully applied to the detriment of the violator:
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident.
(4) whether the violator has been assessed civil penalties for any previous violations. or
(i) whether payment of the civil penalty will prevent payment for the remaining necessan• remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of Water Quality will review vour evidence and inform you of his decision in
the matter of your remission requess. The response will provide details regarding the case status. directions
for payment and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was no part of the original remission request considered by the Director.
Therefore. it is ven important that yot. prepare a complete and thorouzh statement in support of your request
for remission.
In order to request remission. you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing. and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
J. R. Joshi
Division of Water Quality
1636 Mail Service Center
RaleiLyh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings;
If you �N-ish to contest anv statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Fridav between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and once (1) copy- of the

Page 3
David Stocks Farm. LLC
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Ilearings within five (5)
business days following the faxed transmission. The mailing_ address for the Office of Administrative
Hearin,-,s is:
Office of Administrative Hearinu s
6714 Mail Service Center
Raleigh. NC 27699-6714
Telephone [phone]S Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penn,,, Thompson. Registered Agent
DENR
1601 Mail Service Center
Raleigh. NC 27699-1601
Please mail or hand deliver a copy to:
J. R. ,Yoshi
i)WQ
1636 Mail Service Center
Ralcigl:. NC 27699-1636
Please indicate the case number (as found on pane one of this letter] on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stan ) toot a postmark). will result in this matter being referred to the Attorney
General`- Office for coliection of the penalty through a civil action. Please be advised that 'additional
penalties inay be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact J. R. Joshi at [phone].
Sincerely,
eodore L. Bush. Jr.. Chief
Aquifer Protection Section
Division of Water Qualin•
ATTACHMEN7S
cc: David May . Washinaton APS Re�-Tional Sunervisor w,/ attachments
Megan Stiller. Washington APS Regional Office Nv/ attachments
File = PC-'_d 11-(}416 ,.v/ attachments
APS Central Files w." attachments
Susan Massengale wl attachment
APR 7 2jit

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CRAVEN
File No. PC-2011-0016
IN THE MATTER OF
DAVID STOCKS FARM. LLC
FOR VIOLATIONS OF SWINE WASTE ] FINDINGS AND DECISION
MA' AGEMFNT SYSTEM 1 AND ASSESSMENTS OF
GENERAL, PERMIT AWS100000 } CIVIL. PENALTIES
PURSUANT TO NORTH CAROLINA }
GENEIZ4L STATUE 143 215.1
Acting pursuant to delegation provided by the Secretan• of the Department of Environment and
Natural Resources and the Dire�:lor of the Division of Water Quality. I. Theodore L. Bush Jr., Chief of the
Aquifer Protection Section of the Division of %N ater Quality (DIAIQ}_ make the following:
I. FINDINGS OF FACT:
A. David Stocks Farm, LLC owns and operates David Stocks Farm. LLC, a swine animal
feeding operation in Cra,�-en County.
B. David Stocks Farm. LLC was issued Certificate of Coverage AWS250006 under General
Permit AWS100000 for David Stocks Farm- LLC on October 1, 2009. effective upon
issuance, with an expiration date of September 30, 2014.
C. Condition No. 11.2 of the "Operation and Maintenance Requirements" of the General Permit
states that '-a vegetative cover shall be maintained as specified in the facility's CAWNIP on
all land application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP or upon areas where the crop is insufficient
for nutrient utilization. However. if the CAWNIP allows. then waste may be applied up to
thirty (30) days prior to planting or breaking uormanc- .-
D. On November 1 S. 2010. staff of the NC Division of Water Quality, (DWQ). Aquifer
Protection Section (APS). conducted an annual inspection at the facility and noted irrigation
on land without a suitable vegetative cover. Irrigation occurred more than 30 days prior to
planting a receivinL, crop. Waste application of approximately 76 lbs of Plant Available
Nitrogen (PAN) was z,nplied between September 5. 2010 and October 20. 2010. Irrigation did
not occur every day durinL that time frame. On November 18. 2010 the wheat crop was not
piantcd and the facility was outside the 30 day pre -plant period. On December 6. 2010. an
agronomist with the NC Department of Agriculture and Consumer Sen•ices visited the
facility to determine the condition of the receiving crop and the wheat was still not planted.
The irrigation that occurred was on bare around.
E. David Stocks Farm. LLC does not have a valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled S175.00.

11.
Based upon the above Findings of Facts. I make the following:
CONCLUSIONS OF LAVA':
A. David Stocks Farm, LLC is a '-person' within the meaning of G. S. 143-217.6A pursuant to
G. S. 14 1-212(4).
B. The above -mentioned irrigation on bare ground with no receiving,, crop is a violation of
Condition No. 11.2. of the General Permit, AWG 100000.
C. David Stocks Farm, LLC may be assessed civil penalties in this matter pursuant to G.S. 14
? 1 S.6A(a)(2). which provides that a civil penalty of not more than twenty-five thousand
dollars ($23.000.00) per violation may be assessed against a person who is required but fails
to act in accoruance with the terns. conditions. or requirements of a permit required by G.S.
l4^-215.1.
D. The State's enforcement costs in this matter may be assessed asminst David Stocks Farm,
LLC pursuant to G. S. 143-215. 3(a)(9) and G. S. 14-1B-292.1(b)(8).
E. The Chief of the Aquifer Protection Section_ Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality. has the authority to assess civil
penalties in this matter
Based upon the above Findings of Facts and Conclusions of Lary. I make the following:
Accordingly. David Stocks Farm, LLC, owner of David Stocks Farm. LLC, is hereby assessed a
civil penalty of:
$ o For violating Condition No. 11,2. of the General Permit AVVG100000 for
irrigation on bare*round without a receivin�T crop.
S TOTAL CIVIL PENALTY
S 175.00 Enforcement costs
S TOTAL AMOUNT DUE

As required by G. S. 143-21 a.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 quantity or quality-
(4) The cost of rectif-ving the damage:
(5) The amount of manev slave b. noncompliance;
(6) Whether the violation was committed willfully or intentional:
(7) The prior record of the violator in complying or failing to comply with programs over which
the environmental Management Commission has rep, laton° authority:
(8) Th:.• cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing,*
violations occurring after the assessment period indicated above. Each day of a
continuing Violation relay be considered a separate violation subject to a maximum
um
per day penalty. Civil penalties and investigative cost may be assessed for
any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to David
Stocks Farm, LLC. in accordance with N.C.G.S. 143-213.6(A)(d).
(Date) T o re L. Bush. Jr. Chief
Aquifer Protection Section
Division of'Kater Quality'

JUSTIFICATION FOR REMISSIONRE_QUEST
DWQ Case Number: PC-201 1-0016 Count-: Craven
Assessed Party: David Stocks Fann, LLC
Permit No. (if applicable): AWS250006 Amount Assessed: S 1.675.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Renzi.ssion. II•aiver of R-,ht_io alr_ Adininistrwive I i earina and StrPulcyion of -
Facts" form to request remission of this civil penalty. You should attach arty documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they• may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contestinv whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents. as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in_N.C.G.S. 14313-282.1(b)
were wrongfully a lied to the detriment of the etitioner (the assessment �uctots ate listed ill
the civil penally assessnieitt docuntentj;
(b) the violator promptly abated continuinC3 environmental damage resulting from the
violation (i.e., explain the .steps that 1 ou took to correct the violation and prel1eut furure
occurrences):
(c) the violation ,vas inadvertent or a result of an accident (i.e., explain wh.v the
violation ivas unavoidable or son? ething )lou could riot prevent or prepare raj,
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent pwmient for the remaining necessary
remedial actions (i.e., explain how payiuem of the civil penaty• it ill prevent tiou fi-oni peiformiirg
the ac1h4lies necesscn_v to achieve compliance).
EXPLANATION (attach additional vazes as necessarv):

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSIONT
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT } " AIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
DAVID STOCKS FARM. LLC } STIPULATION OF FACTS
FILE NO. PC-2011-00I6
Having been assessed civil penalties totaling, $1.675.00 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated April I, 2011, the
undersiuned. desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty, (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalti, assessment.
This the day of .20
SIGNATURE
ADDRESS
TELEPHONE

■ Complete items 1, 2, and 3. Also complete
iten. 4 if Restr€cted Delivery is desired.
a Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
MR DAVID STOCKS
3031 KILPATRICK ROAD
KINSTON NC 28501
A. signature
B. Received is rlr+ted a C. Date of delivery
To* o� .3- 1), 11
0, Is deli address different from item 17 ❑ Yea
!f YES, enter delivery address below: ❑ No
3. Service Type
Q Certlfled Mall ❑ Express Mail
❑ Registered Fl Retum Receipt for Merchandise
❑ insured Mall ❑ C.O.D.
4. Restricted Delivery's (Extra Eeej ❑ Yes
2. Article Number 7008 1300 0001 0434 3015
�� �, serer r'aee►�
P5 Form 3811, February 20(A Domestic Return Receipt

UNITED STATES POSTAL SERVICE
+... �•1T;J�^•.):�._ :f�Sr.;��4^n�.S: L�yH ,:.k`i; .l�• .„`i•+••.y+L.r"'
• Sender: Please print your name, address, .and ZP;o*i thl bo -"
,NC I]EPAHTMENT OF ENVWO N, •,JENT
NATUI�AL HS0IJR(-'FS
Aquifer w(jtec[iu„ Scrtinn
943 Washin.tcm Square Mall
A&t>�
14'�'sI,ington, N C
NCDENR

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins {lee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0434 3015
Mr. David Stocks
3031 Kilpatrick Road
KirLg&- North Carplina 28. fUl
Subject:
March 8, 2011
NOTICE OF VIOLATION
David Stocks Farm, LLC 425-06
Permit No. AWS250006
Craven County
NOV-2011-PC-0166
Dear Mr. Stocks:
On February 25, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified of a high freeboard level in the primary lagoon at your facility.
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 21' Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System Genera] Permit No. AWG100000 that you are covered to operate under.
Violation 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. AWG100000,
On February 25, 2011 a lagoon/storage pond level was documented at 18 inches in lagoon one. A level
of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mali Phoney 252-946-6481
Washington, NC 27689 FAX [phone]
An Equal DgportunitylAffirmative Action Ernpioyer - 5G% Recycledl10% Posi Consumer Paper
NorthCarolina
Aawally

Cont. Page Two
March 8, 2011
David Stocks Farm
Required Corrective Action for Violation 1;
A 30 Day Plan of Action (POA) was received by DWQ 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 violations on or before April 1,
2010 and to provide a written response to this Notice within 34 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.
1f you have any questions concerning this Notice, please contact Megan Stilley at (252)-948-3947 or
me a(252)948-3939.
Sincerely,
oo-4J-Mv
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Craven County Soil and Water Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Files
Murphy Brown Farms
4NfHS+iless

Memorandum
To: Keith Larick, Animal Feeding Operations Permitting and Compliance Unit
Supervisor of Animal Feeding Operation Permitting Compliance Unit
Through: David May, Water Quality Supervisor 0L.yvN,
Washington Regional Office
From: Megan 14. Stilley, Environmental Specialist
Washington Regional Office S-
Subject: Enforcement Package
David Stocks Farm LLC
Permit No. AWS250006
Jones County
Date: March 1, 2011
Introduction:
David Stocks Farm LLC is owned and operated by David Stocks Farm LLC. This facility, located at 320
St. Johns Road in Craven County, began operation in 1988. The facility has the capacity to raise 2448
Feeder to Finish swine and the overall design for this facility is 330,486 steady state live weight.
Report:
On November 18, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), conducted an annual inspection at the facility and noted irrigation on land without a suitable
receiving crop. Irrigation occurred more than 30 days prior to planting a receiving crop. Waste
application of approximately 56 lbs of Plant Available Nitrogen (PAN) was applied between September
5, 2010 and October 20. 2010. Irrigation did not occur every day during that time frame. On November
18, 2010 the wheat crop was not planted and the facility was outside the 30 day pre -plant period. On
December 6, 2010 the Regional Agronomist Diane Farrer visited the facility to determine the condition of
the receiving crop and the wheat was still not planted. The irrigation that occurred was on bare ground.
The Finding and Decisions and Assessment Factors are attached for review
Conclusion:
David Stocks Farm LLC, owner and operator of David Stocks Farrn LLC, is in violation of permit and
North Carolina General Statue 143-215.I(a) for irrigation to Mare ground and failure to plant a receiving
crop within 30 day of the irrigation events.
Recommendations:
It is recommended that the appropriate civil penalties be assessed against this subject facility, David
Stocks Farm LLC; located in Craven County, owned and operated by David Stocks Farm LI,C. The
Washington Regional Office recommends that a penalty be assessed for allowing irrigation on bare
ground and failure to plant a receiving crop within 30 da}•s of the irrigation events.
4

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
ENFORCEMENT # NOV-2010-PC-1 176
Section 1: General Information
1. Facility Name: David Stocks Farm LLC
2. Facility or Permit No.: AWS250006
3. Party named in assessment: David Stocks Farm LLC
4. Address: 3031 Kilpatrick Road, Kinston, NC 28501
S. Telephone No.: [phone]
6. Location of Facility: 320 St. Johns Road in Craven County
7. Type of Operation: 2448 Feeder to Finish
8. Registered Agent (if applicable): NIA
9. Registered Agent Address (if applicable): NIA
10. Date(s) of noted violations: Irrigation occurring September 5. 2010 through October 20, 201.0
11. Receiving Stream and Classification (if applicable): NIA
12. Regional Office: Washin on Regional Office
13. Report Prepared By: Megan H. Stilley
Section I1: Findings
1. Case Narrative: On November 18, 2010, staff of the NC Division of Water Qu_aliNv (DW�
conducted an annual com liance ins ection at the facili and discovered that the facili V irri gated
approximately 56 lbs of PAN on bare g[ound. The facility irrigated_56 lbs PAN between September
5, 2010 and October_2_0, 2010 and failed to plant a receiving cro]2 within 30 days.
2. Farm and/or company compliance History: A database and file review indicates that the facili
received a Notice of Violation in 2008 for irri vation ❑utside the_ac_c_eptable crop window, failure to
update crop yield records, and for numerous weeds in the Bermuda sprayf ield. The facility received a
Notice of Deficiency in 2010 for a high lagoon level. The facility has not been issued any civil
penalties.
3. Amount of Waste discharged (if applicable). NIA
4. Sample Results (if applicable) with locations of samples taken noted in relation to discharge point:
N/A
5. Violator's degree of cooperation (including efforts to prevent or restore): David Stocks 1:arm LLC
was not cooperative because they did not plant the receiving crgp after DWQ's recommendations.
However. the facility did provide the Division with the requested information, including irrigation
records for 2010.
6. Damage? Y/N If yes, include report from WRC: N/A
7. Mitigating Circumstances: None
8. Recommendations made to the owner/operator: David Stocks Farm LLC was advised to do the
following: l Plant a receiving crop, and ? irri gate when conditions permit to avoid runoff and
onp_ ding
5

9. Costs to the State for the enforcement procedures (Show Breakdown):
Total Staff Time (2 hours) $ 75.00
Central Office $ 100M
Travel Cost (Routine inspection) $ 00.00
Laboratory Cost $ 00.00
TOTAL $ 175.00
10. Recommendations for further DWQ Action: Recheck facility in the near future to ensure that no
additional problems exist and inspect facility more frequently.
11. Other Comments: NIA
Section 111: Assessment Factors required to be considered by G.S. 143B-282.1(b):
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: Animal waste has the potential to deplete_dissolved
oxygen in the affected water body to a point which is harmful to aquatic life. Waste water also
contains nutrients which have the potential to spawn algal growth to the point which is harmful to
aquatic life. The degree and extent of harm was maximized when the facility failed to plant a
receiving crop within the acceptable time frame
2. The duration and gravity of the violation: The violations are a result of irrigation of wastewater
on bare ground. The irrigationoccurred between Septembey _5, 2010 through October 20. 2010.
The duration and gravity of the violation is moderate.
3. The effect on ground or surface quantity or quality: Unknown
4. The cost of rectifying the damage: The cost to rectify the damage should have been minimal and
would have included the cost of planting a receiving crop for nutrient absorption.
5. The amount of money saved by noncompliance: Mane , is saved when better rnana ement skills
are implemented to improve overall manggement_of the facility, environmentally and
productively.
b. Whether the violation was committed willfully or intentional: The facility was aware that a
receiving crop should he planted within 30 days of irrigation. No money was saved as a_result of
this incident.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority: A database and file review
indicates that the facility received a Notice of Violation in 2009 for irrigation outside the
acceptable crop window, failure to update crop yield records, and for numerous weeds in the
Bermuda sprayfield. The facility received a Notice of Deficiency in 2010.for a high la -goon level.
The facility has not been issued a prior civil penalty
The cost to the State of the enforcement procedures:
Total Staff'Fisne
$ 75.00
Central Office
$ 100.00
Travel Cost (Routine Inspection)
$ 00.00
Laboratory Cost
$ 00.00
TOTAL
S 175.00
6

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF CRAVEN
} File No.
1N THE MATTER OF }
DAVID STOCKS FARM LLC }
}
} FINDFNGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE } AND ASSESSMENTS OF
GENERAL PERAIIT AWG100000 } CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA }
GENERAL STATUE 143-215.1
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush Jr., Chief of the
Aquifer Protection Section of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. David Stocks Farm LLC owns and operates David Stocks Farm LLC, a permitted/certified
swine animal feeding operation in Craven County.
B. David Stocks Farm LLC was issued Certificate of Coverage AWS250006 under General
Permit A W G 100000 for David Stocks Farm LI.0 on October 1, 2009, effective upon
issuance, with an expiration date of September 30, 2014.
C. Condition No. 11.2 of the "Operation and 719aintenance Requirements"' of the General Pen -nit
states that "a vegetative cover shall be maintained as specified in the facility's CAWMP oil
all land application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP or upon areas where the crop is insufficient
for nutrient utilization. However, if the CAWMP allows, then waste may be applied tip to
thirty (30) days prior to planting or breaking dormancy,"
D. On November 18, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer
Protection Section (APS)_ conducted an annual inspection at the facility and noted irrigation
on land without a suitable vegetative cover. irrigation occurred more than 30 days prior to
planting a receiving crop. Waste application of approximately 56 lbs of Plant Available
Nitrogen (PAN) was applied between September 5, 2010 and October 20. 2010. Irrigation did
not occur every day during that tune frame. On Novrember 18. 2010 the wheat crop was not
planted and the facility was outside the 30 day pre -plant period. On December 6, 2010 the
Regional Agronomist Diane Farrer visited the facility to determine the condition of the
receiving crop and the wheat was still not planted. "The irrigation that occurred was on bare
ground.
E. David Stocks Farm LLC does not have a valid permit for the above -described activity.

F. The cost to the State of the enforcement procedures in this matter totaled $175.00.
Based upon the above Findings of Facts, I make the following:
11. CONCLUSIONS OF LAW:
A. David Stocks Farm LLC is a "person" within the meaning of G. S. 143-215.6A pursuant to G.
S. 143-212(4),
B. Irrigation on bare ground violating Condition No. I1.2. of the General Permit.
C. David Stocks Farm LLC may be assessed civil penalties in this matter pursuant to G.S. 143-
215.5A(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 act in accordance with the terms, conditions, or requirements of permit required by G.S.
143-215.1.
D. The State's enforcement costs in this matter may be assessed against David Stocks Farm LLC
pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8).
E. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality. has the authority to assess civil
penalties in this matter
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. ❑ECISION:
Accordingly, David Stocks Farm LLC, owner of David Stocks Farm LLC, is hereby assessed a
civil penalty ❑f:
$ For violating Condition No. 1I.2. of the General Permit for irrigation on
bare ground without a permit as required by G.S. 143 -215.1.
$ TOTAL CIVIL PENALTY
$ Enforcement costs
$ 'TOTAL AMOUNT DUE
7

As required by G. S. 143-215.5A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 143 B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantit V or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(b) Whether the violation NN•as committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

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■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
DAVIT] STOCKS FARM LLC
3031 KILPATRICK ROAD
KINSION-NC 28501
2. Article Number
{Transfer from service label}
PS Form 3811, February 2004
A. Srignature {{ f
%;.. l in i . . . R. 11 et 1 I [ Agant
❑ Addresses
B. Received by (Pdnred Name) C. Date of Pelivery
TO VLLA A Sin CA<-C I 1, MI1)
D. Is delivery address different from item W L J Yes
If YES, enter delivery address below: ❑ No
3. Service Type
It Certified Mail ❑ Express Mall
❑ Reglstered AWeturn Receipt for Merchandise
0 insured Mall 17 C.C.D.
4. Restricted Delivery? {✓ xha Fbq ❑ Yes
7009 2250 0000 9252 3309
Dornest!c Retum Receipt 102595-02-M-15Q
,.. s
I Sinvic ` l ` 1
TtIED,,M, °BEGET
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7.11
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(E�ndorsern�nt Required)
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FARM LLC
Er 3031
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•=i��;-w�wraa:.n .�ui.• �::. �}tio"nsY:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 30, 2010
CERTIFIED MAIL
RETURN RECEIPT RE4UESTED
CNfi� 7009 2250 0000 9252 3309
David Stocks Farm LLC
3031 Kilpatrick Road
Kinston, NC 28501
Subject: NOTICE OF' L'IOLATION/NOTICE OF INTENT
David Stocks Farm LLC 425-06
AWS250006
Craven Counter
NOV-2010-PC-1176
Dear Mr. Stocks:
On November 10, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) conducted an annual compliance inspection at your facility and noted that irrigation occurred
more than 30 days prior to planting a small grain.
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 Genera] Permit No. ANVG 100000 that you are covered to operate under. The specific violations
are as follows:
Vialalion 1:
In accordance with condition 11, item 2 of your State General Permit, a vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance
4N,ith the CANVNIP. No waste shall be applied upon areas not included in the CAW;NIP or upon areas
w°here the crop is insufficient for nutrient utili7.ation. However, if the CA% MP allows, then waste may be
applied up to thirty' (30) days prior to planting or breaking dormariev.
The facility irrigated on land without a suitable vegetative cover. Irrigation activities occurred September
5, 2010 through October 12, 2010, which was more than 30 clays prior to planting the small grain. During
such period, the Coastal Bermuda stand r.+as inadequate for nutrient utilization.
North Carolina Division of Water Quality Internet w vw ncwaterquality ❑rg
943 Washington Square Mall Phone. [phone]
Washington, NC 27889 FAX [phone]
A.rn Equal pppcnunit�(Affirmative Action Employer- 50% Recycled!10% Post Consumer Paper
One
NorthCarofina
Natutally

FORM 1RR-2 Lagoon Liquid Irrigation Fields Record Big Guns 11.77ac.
One Form for Each Field per Crop Cyce Wheat 2009 - 2010
Tract #
Field Size (acres) = (Al
Farm
Owner's Address
Owner's Phone #
Facility Number 25 - 8
Irrigation Operator David Stocks
Irrigalion Operator's 3031 Kilpatrick Road
Address Kinston, NC 28501
Operator's Phone # 252 - 526 - 9938
From Waste Utilization Plan
Crop Type Wheat Recommended PAN
Applic. PariocI7 9I7 to 4130 loading (Iblaae) = [B)125
(1) (2) (3) 14) (5) f61 (7) f81 f91 (101 011
534 Field # 1 Big Guns
11,77 Flow Rate: 60
David Stocks Farms LLC
3031 Kilpatrick Road
Kinston, NC 28501
252 - 526 - 9938
PAN Applied
(lb18<,re)
(8) x (9
1000
Hours
Remaining
on Field
inches
PeriAcre
Remaining
■Flow
Rate
(gal/min)
2 Guns
Totals 46800 1 3976.21 7.16
Owner's Signature Operator's Signature
Certified Operator (Print) Operators Certification Number
NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633
" Enter the value received by subtracting column (1Gj from [Bl. Conlinue subtracting column (10) from column (11) following each irrigation event

FORM 1RR-2 Lagoon Liquid Irrigation Fields Record Sprinklers 11.28ac.
One Farm for Each Field per Crop Cycle Small Grain 09 - 2010
Tract #
Field Size (acres) z;A)
Farm
Owner's Address
Owner's Phone #
Facility Number 25 - 6
Irrigation Operator (David Stocks
Irrigalion Operator's 3031 Kilpatrick Road
Address Kinston, NC 28501
Operator's Phone # 252 - 526 - 9938
From Waste Utilization Plan
Crop Type Small Grain Recommended PAN Small Grain
ApplPC Period 1011 - 3131 Loading (lblacre) = [B) 50
(1) 0] f31 W (5) r61 01 181 (9) f101 O ll
534
Field #: 2,3,&6 Sprinkler
11.28
1 Flow Rate. 60
David Stocks Farms LLC
3031 Kilpatrick Road
Kinston, NC 28501
252 - 526. 9938
Lagoon
Code
Irrigation
Waste Analysis
PAN'
(V1000 gal)
PAN Applied
(Iblacre)
8 x 9
1000
Nitrogen
Balance"
(Iblacre)
(B) - (10)
Hours
Remaining
on Field
Inches
PerlAcre
Remaining
Date
Start
Time
End
Time
Total
Min.
(3) - (2)
# of
Sprink.
❑per.
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7) 1 (A)
12 Sprinklers
2/2612010
800
1200
240
1
170.4
40896
3625.53
1.$
6.53
43.47
26.65
0.89
12 Sprinklers
2J2612010
1300
1650
210
1
170.4
35784
3172,34
1.8
5.71
37.76
23.15
0.77
12 Sprinklers
2128/2010
800
1200
240
1
170.4
40896
3625.53
1.8
6.53
31.24
1915.
0.64
12 S rinklers
3119/2010
900
13oo
240
1
170.4
40896
3625.53
1.8
6.53
24.71
15.15
0.51
Totals ] 158472 ] 14048.94 ] 2529 ]
Owner's Signature Operator's Signature
Certified Operator (Print) Operator's Certificalion Number
NCDA Waste Anaylsis or Equivalent or NRC. S Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) from (B), Continue subtracting column (10) from column (11) following each irrigation event

FORM IRR-2 Lagoon Liquid Irrigation Fields Record Big Guns 11.77ac.
❑ne Farm for Each Field per Crop Cycle Corn 2010
Tract #
Field Size (acres) = (A)
Farm
Owner's Address
Owner's Phone #
Facility Number 25 - 6
Irrigation Operator David Slocks
Irrigation Operator's 3031 Kilpatrick Road
Address Kinston, NC 28501
Operators Phone # 252 - 526 - 9938
From Waste Utilization Plan
Crop 7ype Corn Recommended PAN
Applic. Period 2115 to 6130 Loading (Iblacre) = (8) 148
11) r21 r3i W t5li fiat r7a IRI r91 nog (11)
534
Field S. 1 Big Guns
11.77
Flow Rate: 60
David Stocks Farms LLC
3031 Kilpatrick Road
Kinston, NC 28501
252 - 526 - 9938
Irri alion
Waste Analysis
PAN'
(Ial1000 gal)
PAN Applied
(INacre)
(a) x (9)
1000
Nitrogen
Balance"
(Iblac(e)
A - 00)
Hours
Remaining
on Field
Inches
PerlAcre
Remaining
Date
Start
Time
End
Time
Total
Min,
(3) - (2)
# of
Sprink.
Oper,
Flow
Rate
(gallmin)
2 Guns
Total Volume
(gallonsy
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
1
2/11/2010
700
950
150
1
120
18000
1529.31
1.8
2.75
145.25
131.91
2.97
1
2J1 112010
1000
1250
150
1
120
18000
1529.31
1.9
2.75
142.49
12941
2.92
1
2/1112010
1350
1600
150
1
120
18000
1529.31
1.8
2.75
139.74
126.91
2.86
1
2/11/2010
1650
1900
150
1
120
18000
1529.31
1.8
2.75
136.99
124.41
2.60
7
2120/2010
700
1000
180
1
120
21600
1B35.17
1,8
3.30
133.69
121,41
2.74
i
212012010
1050
1300
150
1
120
18000
1529.31
1.8
2.75
130.93
118.91
2.68
1
2/20/2010
1350
1600
150
1
120
18000
1529.31
1.8
2.75
128.18
116.41
2.62
1
2120/2010
16501
19001
150
1
120
18000
1529.31
1.8
2.75
125.43
113.91
2.57
1
2122/2010
Boo
1100
too
1
120
21600
1835.17
1.0
3.30
122.12
110.91
2.50
1
2/22/2010
1150
135❑
120
1
120
14400
1223.45
1.8
2.20
119.92
108.91
2.45
1
2/22/2010
1400
1650
150
1
120
18000
1529.31
1.8
2.75
117.17
106.41
2.40
1
3/1912010
900
1200
180
t
120
21600
1835.17
1.8
3.30
113.87
103.41
2.33
1
3/1912010
1250
1500
150
1
120
18000
1529.31
1.8
2.75
111.11
100.91
2.27
1
5/28/2010
1000
1300t
180
1
120
21600
1835.17
1.8
3.30
107.81
97.91
2.21
1
51261201G
1350
1600
150
1
120
18000
1529.31
1.8
2.75
105.06
95.41
2.15
1
5/31/2010
900
1200
180
1
120
21600
1835.17
1.8
3.30
101.75
92.41
2.08
1
6114/2010
800
1100
180
1
120
21600
11335.17
1.8
3.30
98.45
89.41
2.01
1
B12012010
1 700
1000
180
1
120
21600
1835.17
1.8
3.30
95.15
86.41
1.95
Totals 345600 1 29362.79 1 52.85 j
Owner's Signature Operator's Signature
Certified Operator (Print) Operator's Certification Number
NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) from (B]. Continue subtracting column (10) from column (11) following each irrigation event

FORM IRR-2 Lagoon Liquid Irrigation Fields Record Sprinklers 11.28ac.
One Form for Each Field per Crop Cycle Bermuda Hay 2010
Tract #
Field Size (acres) = (A)
Farm
Owner's Address
Owner's Phone #
Facility Number 25 - 6
Irrigation Operator David Stocks
irrigation Operators 3031 Kilpatrick Road
Address Kinston, NC 28501
Operator's Phone # 252 - 526 - 9938
From Waste Utilization Plan
Crop Type Hybrid Sermudagrass - Hay Recommended PAN Hybrid 6ermudagrass - Hay
AAplic. Period 311 to 9130 Loading (Iblacre) = (B) 274
f11 (73 11f W r 5 1 IG) (71 181 f9) 110] fill
534
Field A2,3,&6 Sprinkler
11.28
Flow Rate. 14.8
David Stocks Farms LLC
3031 Kilpatrick Road
Kinston, NC 28501
252 - 526 - 9938
Lagoon
Code
Irn ation
Waste Analysis
PAN'
(Ib11000 gal)
PAN Applied
(Iblacre)
8� )x 0)
1000
Nitrogen
Balance"
[lb/acre]
(B) - 00)
Hours
Remaining
on Field
Inches
Per/Acre
Remaining
Date
Start
Time
End
Time
Total
Min.
(3) - (2)
# of
Sprink.
Oper,
Flow
Rate
(gallmin)
Total Volume
(gallons)
(61 x (5) x (4)
Volume
per Acre
(gallacrey
(7) 1 {A)
12 Sprinklers
512512010
900
1300
240
1
177.3
42560.0
3773.05
1.8
6.79
267.21
157.38
5.47
12 Sprinklers
5/31/2010
900
1300
240
1
177.3
42552.0
3772.34
1.8
6,79
280.42
153.41
5.33
12 Sprinklers
611412010
800
1200
240
1
177.3
42552.0
3772.3-4
1.8
5.79
253.63
149.41
5.19
12 Sprinklers
6120/2010
700
1100
240
1
177.3
42552.E
3772.34
1.6
6.79
246.84
145.41
5.05
9 Sprinklers
915/2010
800
1200
240
1
133
31920.0
2829,79
1.1
3.11
243.73
313.19
6.16
11 Sprinklers
9/612010
800
1400
360
1
162.6
58520.0
5167.95
1.1
5.71
238.02
250.25
7.97
11 Sprinklers
9/7/2010
800
1400
360
1
162.6
58536.0
5189.36
1.1
5,71
232.31
244.18
7.78
11 Sprinklers
9/8/2010
800
1100
180
1
162.6
29268.0
2594.68
1.1
2.85
229.46
241.10
7.68
11 Sprinklers
911512010
Boo
1100
180
1
162.6
29268.0
2594.68
1.1
2.85
226.60
238.18
7.59
11 Sprinklers
9/1612010
1000
1200
120
1
162.6
19512.0
1729.79
1.1
1.90
224.70
236.18
7,52
11 Sprinklers
912012010
800
1200
240
1
162.6
39024.0
3459.57
1.1
3.81
220.89
232,18
7.40
11 Sprinklers
912112010
800
1400
360
1
162.6
58536.9
5189.36
1.1
5.71
215,19
225.18
7.20
11 Sprinklers
912212010
800
1504
420
1
162.6
68292.0
6054.26
1.1
6.66
208.53
219.15
6.98
11 Sprinklers
9/2312010
800
1400
360
1
162.6
58536.0
5189.36
1.1
5.71
202.82
213.18
6.79
Totals 621628.0411 55105,87 I 7 1. 1 B ]
Owner's Signature Operators Signature
Certified Operator (Print) Operator's Certification Number
NCDA Waste Anaylsls or Equivalent or NRCS Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event.

FORM IRR-2 Lagoon Liquid irrigation Fields Record Sprinklers 11.28ae.
One Form for Each Field per Crop Cycle Small Grain 10 - 2011
Tract #
Field Size (acres) = IA)
Farm
Owner's Address
Owner's Phone #
Facility Number 25-6
Irrigation Operator David Stocks
Irrigation Operator's 3031 Kilpatrick Road
Address Kinston, NC 28501
Operator's Phone # 252 - 526 - 9939
From Waste Utilization Plan
Crop Type Small Grain Recommended PAN Small Grain
Applic Penod 1011 - 3131 Loading (Iblacre) = (B)50
(1) 01 (31 fd1 fM rFl (71 18) [Al itn1 A 1]
534
Field #: 2,3,&6 Sprinkler
11.28
Flow Rate. 14.78
David Stocks Farms LLC
3031 Kilpatrick Road
Kinston, NC 28501
252 - 526 - 9938
Lagoon
Code
Irrigation
Waste Analysis
PAN'
(lb/1000 gal)
PAN Applied
{Iblacre)
(6) x (9}
1000
Nitrogen
Balance"
(Iblacre)
(B) - 00]
Hours
Remaining
on Field
Inches
PerlAcre
Remaining
Date
Start
Time
End
Time
Total
Min,
(3) - (2)
# of
Sprink,
❑per.
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
11 Sprinklers
10/12/2010
1000
14001
240
1
162.58
39019.2
3459.15
1A
3.81
45.19
48.56
1.55
11 Sprinklers
10/12/2010
1400
2000
360
1
162.58
58526.8
5188.72
1.1
5.71
40.49
42.56
1.36
11 Sprinklers
10/13/2010
800
1200
240
1
162.58
39019.2
3459.15
1.1
3.81
36.68
38.56
1.23
11 Sprinklers
10/14/2.010
800
1200
240
1
162.58
39019.2
3459.15
1.1
3.81
32.88
34.56
1,10
11 Sprinklers
10/19/2010
800
1400
360
1
162.56
58528.8
5188.72
1.1
5.71
27.17
28.56
0.91
11 Sprinklers
10/20/2010
Boo
1200
240
1
162.58
39019.2
3459.15
1.1
3 81
23.36
24,56
0.78
11 Sprinklers
10/2112010
800
1400
360
1
162.58
5B528.8
5168.72
1.1
5.71
17,68
18.56
0.59
11 5 rinklers
1012212010
800
1200
240
1
162.58
39019.2
3459.15
1.1
3.81
13.85
14.56
0.46
Totals I 370682.4 1 32861.91 I 36.15
Owners Signature Operator's Signature
Certified Operator (Print) Operators Certification Number
NCDA Waste AnayIsis a Equivaleni or NRCS Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event

r
FORM #RR-2 Lagoon Liquid Irrigation Fields Record Big Guns 11.77ac.
One Form for Each Field per Crop Cycle Wheat 2010 - 2011
Tract #
Field Size (acres) = (A)
Farm
Owner's Address
Owners Phone #
Facility Number 25 - 6
Irrigation Operator David Stocks
Irrigation Operator's 3031 Kilpatrick Road
Address Kinston, INC 28501
Operator's Phone # 252 - 526 - 9938
From Waste Utilization Plan
Crop type Wheat Recommended PAN
Applic. Period 911 to 4130 Loading (Ihlacre) = (B) 125
f11 (21 (3) f41 f51 f6l (71 181 fg) r101 f111
534 Field #: 1 Big Guns
11.77 Flow Rake. 57
David Stacks Farms LLC
3031 Kilpatrick Road
Kinston, INC 28501
252 - 526 - 993B
Irri anon
Waste Analysis
PAN'
(Ib11000 gal)
PAN Applied
{Ihlacre}
(8) x (91
1000
Nitrogen
Balance"
(Ihlacre)
(B) - (10)
Hours
Remaining
on Field
Inches
Per/Acre
Remaining
Date
Start
Time
End
Time
Total
Min,
(3) - (2)
# of
Sprink.
Oper.
Flow
Rate
(gallmin)
2 Guns
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7) 1(A)
1
91512010
800
1300
300
1
114
34200
2905.69
1.1
3.20
121.80
190.54
4.08
1
916/2010
800
1600
480
1
114
54720
46413.11
1.1
5.11
116.69
152.54
3.91
1
91712010
800
1200
240
1
114
27360
2324,55
1.1
2.56
114.13 1
178.54
3.82
1
91812010
800
1100
180
1
114
20520
1743.42
1.1
1.92
112.21
175.54
3.76
5
9/1512010
800
1100
180
1
114
20520
1743.42
1,1
1,92
110.30
172.54
3.69
7
9116/2010
1000
1200
120
1
114
13680
1162.28
1.1
1.28
109.02
170.54
3.65
1
9120/2010
800
15()()l
420
1
114
47880
4067.97
1.1
4.47
104.54
163.54
3.50
1
9/2112010
800
1400
360
1
114
41040
3486.83
1.1
3.84
100.71
157.54
3.37
1
9122/2010
1 800
1500
420
1
114
47880
4067.97
1.1
4.47
96.23
150.54
3.22
}
9/2312010
1 800
1400
360
1
114
41040
3486.53
1 A
3.84
92.40
144.54
3.09
1
10/7/2010
1000
1600
360
1
114 1
41D40
3486.83
1.1
3.84
88.56
138.54
2.96
1
10/812010
1000
1400
240
1
114 1
27360
2324.55
1.1
2.56
86.01
134.54
2.88
1
101912010
800
1600
480
1
114
54720
4649.11
1A
5.11
80 89
12654
2.71
1
10/1212010
1000
1400
240
1
114
27360
2324.55
1,1
2.56
78.33
122.54
2.62
1
10/12/2010
1400
1800
240
1
114
27360
2324.65
1.1
2.56
75.78
118.54
2.54
1
10/19/2010
800
1400
360
1
114
41040
3486.83
1_1
3.84
71.94
112.54
2.41
1
10/2012010
800
1200
240
1
114
27360
2324 55
1.1
2.56
69.39
108.54
2.32
Totals i 595080 1 50559.05 i 55.61
Owner's Signature Operator's Signature
Certified Operator (Print) Operator's Certification Number
' N C D A Waste AnayEsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
"Enter the value received by subtracting column (10) From (B)- Continue subtracting column (10) from column (11) following each irrigation event

Steven W. Troxler North Carolina Department of Agriculture ❑r. Colleen Hudak -Wise
Commissioner and Consumer Services Director
Agronomic Division
1504-A Honor Circle 24 January 2011
Greenville, NC 27858
Ronnie "Geno" Kennedy Jr.
President of Operations
Agriment Services, Inc.
PO Box 1096 Beulaville, NIC 28518
Dear Geno,
On Monday, December f, 2010, 1 visited David Stocks farm with you in Craven County on St.
Johns Rd, facility # 4788. I looked at the condition of the Bermuda grass receiving crop to
determine health and vigor and also looked at a small grain receiving field to verify if waste
applications were made with regard to good agronomic practices and such practice was in line
with state regulations.
Based on my observations of the Bennuda grass receiving field, this field looked somewhat
healthy and would be suitable for additional waste applications according to the "waste
application management plan. I would strongly recommend better weed management on this
field as the weed pressure looked relatively high.
The farm had received around twenty plus inches of rainfall during the storm event in the last
week ❑f September in 2010. This unusual rain event would warrant same exceptions to a waste
management plan, in particular for this farm; the possibility of an extension for planting date of
small grains, as the soil is more wet natured. A waste application of approximately 37 lb of
nitrogen was applied between the 12`h of October and 22 of October 2010 for small grains pre -
plant. This application date would limit planting small grains to planting up to the 2ls` of
November, at the latest, to stay vvithin the 30 da�, application time for pre -plant waste application
window permitted by the state. On December Gr no small grains had been planned. This is not
following state regulations nor is it a good agronomic practice.
1040 Mail Service Center, Raleigh, North Carolina 27599-1040
[phone] 0 Fax [phone]
TTY:1-800-735-2962 Voice:1-877-735-8200
An Equal ❑pportunity Affirmative Action Employer

I wish you the best of luck as we move forward on this farm. If I can be of assistance in the
management of this farm, or in regards to services provided by the Agronomic Division. please
feel free to contact me again.
Sincerely,
Dianne Farrer
Dianne Farrer, Ph.D.
Regional Agronomist
NCDA&CS
(252) 830-17l 8
d ianne. farrer(o7,neagn,gov

a� Di visiari of:Water. [�ualilLy
Facility Number'';�:Dir�isioi�.ofSvilE and Water'.Conserv;
0,61her A enc tea= ; i
' - , g y
Type of Visit 0 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint 0 Follow up 0 Referral ❑ Emergency 0 Other ❑ Denied Access
Date of Visit: fI- i� Arrival Time: �� Departure Time: County: Region: '
Farm Name:' t� �5�� L Owner Email:
Owner Name: Z�>OLA-"U``ffc" �C'cr. Yy� `-L-C Phone:
Mailing Address: � � � , i % __ c'- s
Physical Address:
Facilitv Contact: 500 � 'S' Title:
Onsite Representative* n� � 1rlT,.Q
Certified Operator:
Sack -up Operator:
Location of Farm:
Phone No:
Integrator r]Y�i
Operator Certification Number:
Back-up Certification Number:
Latitude: 0 9 0,=« Longitude: = n 0 6 0"
- -�k'
_ - tea' �`�",
- - Design Current:',��`:- -':i- •�Dt n 'vF• orient;-,:�-.'.�., Desi n
g _ :�` ���_�:� s:. es g.. r,C ,.
=Swine Wet Paul . Yt':. �'s a.;�'•:; ....:.ozaN
Capacity I'BpulatiOII. Capacity pitlation W _ Capacit
• _: ....:. try .
_ . - .. _ :: Po _ � .� _ PopulattoII:--=
e
❑ Wean to Finish
❑ Wean to Feeder
eerier to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ Other R
❑ Layer
s ❑ Non -Traver
.'Uiy Poultry:'"= - -, �':• „.
Herson-Lavers
Fa
ullets
❑ Turkeys
❑ Turkey Poults
❑ Other
Discharees & Stream Impacts
I - Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
❑ Dairy Cow
❑ Dairy Calf
❑
Dairy Heifer
❑
Dry Cow
❑
Non -Dairy
❑
Beef Stocker
❑
Beef Feeder
❑
Beef Brood Cow
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
2. Is there evidence of a past discharge froth 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?
❑ Yes To ❑ NA ❑ NE
❑ Yes
❑ No
❑ NTA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑Yes
❑No
❑NA
El NE
Ely..
No
❑ NA
ElNE
❑ Yes
No
❑ NA
❑ NE
Page 1 of 3 12128104 Continued

Facility Number: Trj —
Date of Inspection e]
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. If }•es, is waste level into the structural Freeboard?
Structure 1 Structure 2 Structure 3 Structure 4
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): _
5. Are there any immediate threats to the integrity of any of the structures observed?
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
through a waste management or closure plan?
❑ Yes [2 No ❑ NA ❑ NE
❑Yes ONo ❑NA El NE
Structure 5 Structure 6
❑ Yes [n No ❑ NA ❑ NE
❑ Yes 0 No ❑ NA ❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes LI No ❑ NA ❑ NE
S. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes L'I No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks) �
9. Does any part of the waste management system other than the waste structures require [I2 Yes No ❑ NA ❑ NE
maintenance or improvement?
V4'aste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes [2 o ❑ NA ❑ NE
maintenance/improvement? A,,
11, Is there evidence of incorrect application? If yes, check the appropriate box below- ZWes i�►�',Vo ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
side of Acceptable Crop Window [:]Evidence of Wind Drift ❑ Application Outside of Area
12. Crop types) t 5 LZ
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
2-Yes
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes
17. Does the facility lack adequate acreage for land application? ❑ Yes
I S. is there a lack of properly operating waste application equipment? ❑ Yes
as
t?� C.GL
IA -
pi km:ad kA- - ; rr,' a4 t� ar, o►.
(-C.-W.- 1/05 +- Rp flr dy,
[gdGo ❑ NA ❑ NE
El No El NA ❑NE
Q- No ❑ NA ❑ NE
QAU El NA ❑NE
L�fiio ❑ NA ❑ NE
1a-"LZ--1❑ �,1
�n I►�
Reviewer/]Inspector Name ' R:�.^ s -.; ' r ::_ s . �' s. Phone: " U
Reviewer/Inspector Signature: Date: 11—i '�' 10
-__ IF _17 12128104 C antinued

Facility Number: a -�Date of Inspection GT I I— 1 o
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? P`5�es ❑ No ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes L'�'No ❑ NA ❑ NE
the appropriate box. ❑ wup ❑ Desi n ❑ Checklists g El Maps ❑ other
21.
Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes
10
❑ NA
❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers
❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V
Rain Inspections Weather Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
/❑
LRNo
❑l NA
❑ NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
ENA
❑ NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
[l�o
❑ NA
❑ NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
�o
❑ NA
❑ NE
26,
Did the facility fail to have an actively certified operator in charge?
❑ Yes
[1-1�o
❑ NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLA-1) certification?
El Yes
El{J No
[❑1NA
NA
❑ NE
{?they issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
No
❑ NA
❑ NE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
El Yes
LdNa
❑ NA
❑ NE
and report the mortality rates that were higher than normal?
30.
At the time of the inspection did the facility pose an odor or air quality concern?
El Yes
El No
[I NA
/
EkVE
If ycs. contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required by
El Yes
,,��,,I
[J o
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems; over application)
32"
Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
['10
El NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
❑ Yes
'o
❑ NA
❑ NE
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it
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 2l2512011
1. Structure Namelldentifier (ID); I David Stocks 25-6
2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard
a. current liquid level according to marker 18.0 inches
b. designed 25 yr.l24 hr. storm & structural freeboard 19.0 inches
c. line b - line a (inches in red zone) = 1.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 8QQOQ ft2
e. line c112 x line d x 7.48 gallonstW 49867 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 design 807Q5 ft3
h. current herd # 244$ certified herd # 2448
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. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 10/22/2010
m. ((lines e + k)l1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2121l00
80706 ff'
®W
4Q121 ft3
150630 gallons
1.10 Ibs11000 gal.
220.5 lbs. PAN

1
II. TOTAL POUNDS ❑F PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.124
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1.
Structure ID: Davin Stocks 25-6
line m = 220.5 lb PAN
2.
Structure ID:
line m =
lb PAN
3,
Structure ID:
line m =
lb PAN
4,
Structure ID:
line m =
lb PAN
5,
Structure I D:
line m =
-lb PAN
6,
Structure ID:
line rn =
lb PAN
n.lines I+2+3+4+5+6= 220.5lbPAN
III. 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. remaining IRR
2 PAN balance
{Iblacre)
t. TOTAL PAN
BALANCE FOR
FIELD (lbs.)
column r x s
u. application window'
534
1
Small Grain
11.28
13.87
156.5
Oct -Mar
534
1
wheat
11.77
70.00
823.9
Oct -Mar
`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) = 980.4 lb. PAN
IV. FACILITY'S PcA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section II) = 220.5 lb. PAN
x. Crop's remaining PAN balance (line v from section III) = 980.4 lb. PAN
y. Overall PAN balance (w - x) = -760 lb. PAN
PoA (30 Day) 2I21I00

I
Line y must show as a deficit. If line y does not show as a deficit, fist 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.
PoA (30 Day) 2/21 /00

mx�'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of VVater Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secrelary
Novernber 30, 2010
CERTIFIED MAIL
RETURN_ RECEIPT REQUESTED
CM# 7009 2250 0000 9252 3309
David Stocks Farm LLC
3031 Kilpatrick Road
Kinston, NC 28501
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
David Stocks Farm LLC #25-06
A W S250006
Craven County
NOV-2010-PC-1176
Dear Mr. Stocks:
On November 10, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) conducted an annual compliance inspection at your facility and noted that irrigation occurred
more than 30 days prior to planting a small grain.
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. AWG100000 that you are covered to operate under. The specific violations
are as follows:
Violation 1:
In accordance with condition 11, item 2 of your State General Perin it. a vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance
with the CAWMP. No waste shall be applied upon areas not included in the CAINI'MP or upon areas
where the crop is insufficient for nutrient utilization. However, if the CANN NIP allows, then waste may be
applied up to thirty (30) days prior to planting or breaking dormancy.
The facility irrigated on land without a suitable vegetative cover. Irrigation activities occurred September
5, 2010 through October 12, 2010, which was more than 30 da,,•s prior to planting the small grain. During
such period, the Coastal Bermuda stand «vas inadequate for nutrient utilization.
North Carolina Division of Water Quality Internet. www.ncwater ualit .or
943 Washington Square Mall Phone [phone]
Washington. NC 27889 FAX [phone]
Not th Carolina
An Equal 0ppoauniylAffirmative Action Employer — 50% Recyciedl10% Post Consumer Paper

Page Two
November 30, 2010
David Stocks Farm LLC
Required Corrective Action for Violation 1;
Irrigate at agronomics rates when weather conditions permit. Plant designated crop within 30 days of
irrigation events. Consult an agronomist and maintain Coastal Bermuda spray#ield.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered,
please send such information to me in writing within ten (10) days following receipt of this letter.
Please included 2010 irrigation and freeboard records. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
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
than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in
accordance with terms, conditions, or requirements of a permit under authority of G.S. 143-215.bA
If you have any questions concerning this Notice, please contact Megan StilIey at (2 52)-94 8 -3 94 7 or
me at [phone].
Sincerely,
David Mav
Aquifer Protection Supervisor
Washington Regional Officc
CC" Keith Larick CAFO Unit
Craven Countv Soil and Water Conservation District
DSWC-W� RO
aRO Compliance Animal Files
Murphy Brown Farms
MEN Files

� �oF w A �FRQ
_o c
❑ 'C
CERTIFIED MAIL
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
September 30, 2008
RETURN RECEIPT REQUESTED
CM# 7007 0220 0003 1481 4342
Mr. David Stocks
3031 Kilpatrick Road
Kinston. North Carolina 28501
RE: Notice of Violation
David Stocks Farm, LLC
Facility Number 25-06
Permit No. AWS250006
Craven County
NOV-2008-PC-0692
Dear Mr. Stocks:
Coleen II. Sullins, Director
Division of Waler Quality
This letter is to notifv you that facility number 25-06 is in violation of its CAWMP and North
Carolina Administrative Code Subchapter 15A NCAC 2T .1300 for irrigation outside the acceptable
crop ,%vindow, failure to update crop yield records, and numerous weeds in the facility sprayfield.
Megan Stilley from the Washington Regional Office Division of Water Quality conducted an inspection
on September 25.2008 at your facility in Craven County noting these violations. The specific violations
are as follows:
In accordance with condition II, item 4 of your State General Permit, land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed the
agronomic rate of the nutrient of concern for the receiving crop. In no case shall land application
rates result in excessive ponding or any runoff during any given application event. The facility
irrigated outside the acceptable crop window, The crop window was from February 15 to June
30 and the facility applied waste in July and August 1, 2008.
In accordance with condition 11, item 26 of your State General Permit, crops for which animal
waste is land applied must be removed from the land application site and properly managed and
utilized unless other management practices are approved in the CAWMP. The facility failed to
update the crop yield records for corn, hay and soybeans. It was noted during the previous
inspection that the facility needed to update crop yield records.
North Carolina Dis ision of Water Qualit% Internet. wK w nc%vaterqualit, org
943 Washington Square Mall Phone [phone]
Washington, NC 27889 Fax (Z52) 975-3716
One
NorthCarolina
;Uaturally
An Equal OpportunitylAflirmative Action Employer — 50% Recycled110% Post Consumer Paper

Cont. Page Two
September 30, 2008
David Stocks Farm
Facility 4 25-06
In accordance with condition II, item 2 of your State General Permit, a vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers in
accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP. The facility had numerous weeds in the Bermuda Hay sprayfield. It was noted during
the previous inspection that the facility needed to maintain weeds in the sprayfields.
The Permittee shall provide to this office within thirty (30) working days from receipt of this
violation notice a written explanation and a plan that will ensure that the problem does not recur. Your
explanation will be reviewed and be advised that if this violation continues, the Division will send
recommendation for enforcement action to the Director of the Division of Water Quality.
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as possible. For
additional assistance, please contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection, If you have any questions
concerning this matter, please contact me at 252-948-3939, or Megan Stilley, 252-948-3947.
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: Craven County Soil and Water Conservation District
NCDSWC-WaRO
Aqu r Protection Animal Central Files
RO Compliance Animal Files
Murphy Brown Hog Farms
MHS Files

CDEH
North Carolina Department of Environment and Natural ResotlrceS
aeveriv _aver Perdue
Governor
CERTIFIED MAIL.
RETURN RECEIPT RE VESTED
David Stocks Farm LLC
David Stocks Farm LLC
3031 Kilpatrick Rd
Kinston, NC 28501
Dear Permittee,
Division or Waier Quality
Coleen H. Sullins
Director
Tune 28, 2010
Subject: Notice of Violation
David Stocks Farm LLC
Permit Number AW 5250006
Craven County
Dee Freeman
Secretary
As of this date. our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee (S)
2009PR0O3159
i 4/7/2009
5/7/2009
180.00 I
2008PR003305
4/11/2008
5/11/2008
180.00
TOTAL
I 360.00
Please be reminded that the table above covers the period between fears 2006 and 2009. Please
also include payments for invoices that you received in 20I0 and any other ,year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result 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 (525.000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions.. or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
16H, M@11 Serviro anger, Ra'eich. North OmIira 2763 -1.63d
acai:or,, 27 2i CaDrol 9ivl.. Ra!ein. PvDrth 0aroiina 27504
�ho�L:S3-3221 FFY'_�t: 15-L'SB6 -0 523.574F
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1111: w��
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Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at Jaya [e-mail],
Sincerely,
we, Z?9 F Ar-
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Washington Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS254006)

! Complete items 1, 2, and 3. Also complete
Item 4 if Restrlcted Delivery Is desired.
■ Print your name and address'on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front iP space permits.
1. Article Addressed to:
DAVID STOCKS FARM LLC
3031 KILPATRICK ROAD
KINST0N NC 23501
A. Signature
❑ Agent
x axm !UC0rV-4> ❑ Addre
9. Received by ( Printed Name) I C. Date of Dell
D. Is detivery address different from item 17 © Yes
It YES, enter delivery address below: ❑ No
3. Service Type
Id Certified Mail ❑ Express Mail
❑ Registered Wri l tum Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Deliver}? (Extra Fee) ❑ yes
2. Article Number . 7 0 0 8 13 0 0 0 0 01 0435 118 8
_ (rrmr,s�r rmm servrce ►abeq
Ps Form 3811, February 2004 Domestic Return Reaelpt 102595-02-WtW

UNITED TATES P STAL SERVICE
i C". 2 a
• Sender: Please print your name, address,
NC DEPARTMEN r OF ENV1RONNIEN-r &
NA'ruRALMSOURCLS
Aquifer Proteetiolt See 'OR A,rA
943 Wasington Square Mall
Washington, NC 27889 NCDENR

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen N. Sullins Dee Freeman
Governor Director Secretary
CERTIFIE❑ MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0435 1 188
David Stocks Farm LLC
3031 Kilpatrick Road
Kinston, NC 28501
Subject
February 1, 2010
NOTICE OF DEFICIENCY
David Stocks Farm LLC 925-06
AWG250006
Craven County
NOD-2010-PC-0089
Dear David Stocks farm LLC:
On January 25, 2010, staff of the NC ❑ivision of Water Quality (DWQ). Aquifer Protection Section
(APS), were notified by Jonathan Miller of a high freeboard level of 17 inches in the primary lagoon.
We wish to thank Mr. Miller 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 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. AWG100000 that you are covered to operate under; as follows:
Deficiency I:
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 W G 100000
On January 25, 2010 a lagoon/storage pond level was documented at 17 inches in the primary lagoon.
A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
North Carolina Division of Water Quality Internet. www.ncwaterquaiity.orq
943 Washington Square Mall Phone. [phone]
Washington, NC 27889 FAX [phone]
NorthCarolina
An Equal OpporlunitylAtfumative Agion Employer - 50% Recycledl10% Past Consumer Paper

Cont. Page Two
February 1, 2010
David Stocks Farm LLC
Required Corrective Action for Deficiency I-
A 30 Day Plan of Action (POA) has been received by DWQ 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 on or before
February 30, 2010 and to provide a written response to this Notice within 30 days of receipt of
this Ietter. 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 Megan Stilley at (252)-948-3947 or
me at {252}948-3939.
Sincerely,
(0'0j�,'Vj
David May
Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Craven County Soil and Water Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Files
t
hy Brown Farms
Files
stal
Service,,,FIE❑
F
MAIL,,.,
RECEIPT
Mail
Only;
No insurance
coverage
Provided]
information
visit our
website
at www.usps.com),
U L
m
A
r-�
C7 Rewm
C7 jEndmarn
C7 PAMt1kted
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p orPQS
it
Ci[y, Sff
,a Fawn 1 � 'r NOXN f
DAVID STOCKS FARM LLCM--
3031 KILPATRICK ROAD ._._..
KINSTON NC 28501 -

a Complete items 1, 2, and 3. Nso complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the hack of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR DAVIT] STOCKS
3031 KILPATRICK RD
KINSTON NC 28501.
A. Signature
❑ Agent
p Addressee
B. Received by (Punted Name) C. Date of alive
Tr, o, S+c)c ks 1 d`
- -�
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: 0 No
3. Service Type
Certified Mail ❑ Express Mail
❑ Registered p►Retum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (&iia Fee) C] Yes
2. Article Number 70070 00 03 148l-.4342
(Transfer Nom service label)
PS Form 3811, February 2004 Domestic Return Receipt 50259502-M-I

UNITED STATES POAWS& TIO . 4 -.• : + ;
11
• Sender: Please print your name, address, and ZJP+4 in this box •
NC DEYARZ MEN'i OF FNVIRONMENT&
Aquifer Pr lectiouRCFS At"A
Aquifer F'rniteliun Section943 Washington Square Mali
Washington, NC 27889 NCDENR
?-s 1Fllff1llitill li1il1illlilt 11111itill illftill IIlliill/IIIililt

\N A 7'EMichael F- Easley, Govemor
s Q G William G. Koss Jr., Secretary
�!7 7 ?North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
AQUIFER PROTECTION SECTION
September 30.2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7007 0220 0003 1481 4342
Mr. David Stocks
3031 Kilpatrick Road
Kinston, North Carolina 28501
RE: Notice of Violation
David Stocks Farm, LLC
Facility Number 25-06
Permit No. AWS250006
Craven County
NOV-2008-PC-0692
Dear Mr. Stocks:
This letter is to notify you that facility number 25-06 is in violation of its CAWMP and North
Carolina Administrative Code Subchapter 15A NCAC 2T ,1300 for irrigation outside the acceptable
crop window, failure to update crop yield records, and numerous weeds in the facility sprayficld.
Megan Stilley from the Washington Regional Office Division of Water Quality conducted an inspection
on September 25, 2008 at your facility in Craven County noting these violations. The specific violations
are as follows:
■ In accordance with condition 11, item 4 of your State General Permit, land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed the
agronomic rate of the nutrient of concern for the receiving crop. In no case shall land application
rates result in excessive ponding or any ntnoff during any given application event. The facility
irrigated outside the acceptable crap �-indo��. The crop window was from February 15 to June
30 and the facility applied «°ante in July and August 1, 2008.
1n accordance with condition II, item 26 of your State General Permit, crops for which animal
waste is land applied must be removed from the land application site and properly managed and
utilized unless other management practices are approved in the CAWMP. The facility failed to
update the crop yield records for corn, hay and soybeans. It was noted during the previous
inspection that the facility needed to update crop yield records.
North Carolina Division of Water Quali1) Internet: wA A.Timatgrc ❑ahty_org
943 W1' shington Square Mall Phone [phone]
Washington, NC 27989 Fax [phone]
We
NorthCarolina
;Vaturallry
An Equal OpportunitylA kmaIive Action Employer — 50% Recycled110% Post Consumer Paper
---- --------- - ----------------------------—---------- ---------------------

Cont. Page Two
September 30, 2008
David Stocks Farm
Facility ff 25-06
■ In accordance with condition II, item 2 of your State General Permit, a vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers in
accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP. The facility had numerous weeds in the Bermuda Hay sprayfield. It was noted during
the previous inspection that the facility needed to maintain weeds in the sprayfields.
The Permittee shall provide to this office within thirty (30) working days from receipt of this
violation notice a written explanation and a plan that will ensure that the problem does not recur. Your
explanation will be reviewed and be advised that if this violation continues, the Division will send
recommendation for enforcement action to the Director of the Division of Water Quality.
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as possible. For
additional assistance, please contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection. if you have any questions
concerning this matter, please contact me at 252-948-3939, or Megan Stilley, 252-948-3947.
Cc- Craven County Soil and Water Conservation District
NCDSWC-WaRO
Aquifer Protection Animal Central Files
WaRO Compliance Animal Files
Mu Brown Hog Farms
5 Files
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office .
U.S.
Postal
Service
rra
CERTIFIED
MAILT.
RECEIPT
(Domes`Pic
Mae!
Only;
No insurance
Coverage
Provided)
For delivery
information
visit our
website
at
www.usps.com,,)
7-14,FFICIAL
USE
a
CO
posm�a s
rq
Cerdled Fee -
M
Rewrn Receipt Fee r�
Required} a o
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1
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(FrAdwsemarrt of .
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-
Ca
Restricted I]elWry Fee
tEndorserwrt Required)
r
C3
ru
ru to
Total P. co
MR
MR DAVID STOCKS
3031 KILPATRICK RD
USPS
c�
a� KINSTON NC 28501
----

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box ■
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
943 Washington Square Mail
Washington, NC 27889

m SENDER:
I also wish to receive the
v_ ■ Complete items 1 and/or 2 for additional services.
N ■ Complete items 3, 4a, and 4b.
following services (for an
g {
H ■ Print your name and address on the reverse of this form
so that we can return this
extra fee):
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■ Attach [his form to the front of the mailpiece, or on the hack it space does not
1. ❑Addressee's Address
permit.
■Write 'Retum Receipt Requested" on the mailpiece below the article number.
2. El Restricted Delive ry
r■ The Return Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
0 3. Article Addressed to:
4a. Article Number
W
Z SOS [p2 �a CPS
4b. Service Type
aMr. Ed Causey
Faye Causey Farm
❑ Registered ti ertified
P.Q. Box 776
❑ Express Mail ❑ Insured
Gri$on, NC 28530
❑ Return Receipt for Merchandise ❑ COD
7. Date of Delivery
5. Received By: (Print Name)
8. Addressee's Address (Only if requested
and fee is paid)
6. Signature: (Addressee or Agenf)
o '
v'1
.� R Form 3811; December 1994
to25ss-es•a-o229 Domestic Return Receipt
►� t, ��,, rrr� ,ttt t I1 I, it .,,

State of North Carolina
Department of Environment and
Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
14CDENR
NpFZTH GAF2C>LI NA QEPARTMENT c>F
ETVYIRpNMENT ANom N nwuF;?AL RE!SQuFzCI`-5
DIVISION OF WATER QUALITY
February 3, 1999
Mr. Ed Causey
Faye Causey Farm
P.O. Box 776
Grifton, North Carolina 28530
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Faye Causey Farm
Facility No. 25-6
Craven County
Dear Mr. Causey:
On September 30, 1998, I conducted an Animal Feedlot Operation Site
Inspection at the Faye Causey Farm in Craven County. A copy of the inspection
report is attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified
Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; (3)
the farm operation's waste management system is being operated properly under
the direction of a Certified Operator; (4) the required records are being kept; (5)
there are no signs of seepage, erosion, and/or runoff. The following deficiencies
were observed during the inspection.
Y The current waste utilization plan for your facility does not contain all of the
receiving crops and/or land that are being utilized for waste management. All
receiving crops and/or land being utilized for waste management are required=
943 Washington Square Mall, Washington, North Carolina 27889
Telephone 252/946-Wl FAX 252t975-3716
An Equal opportunity Affirmative Action Employer

Page Two
Faye Causey Farm
Facility No. 40-6
February 3, 1999
to be included in the waste utilization plan. Please refer to the attached
inspection form for further comments.
The irrigation records should correspond with the acreage, fields, and PAN per
acre in the waste utilization plan.
It is very important as the owner and the Operator in Charge that you resolve
these aforementioned deficiencies and any other problems that may arise, as
soon as possible. For additional assistance, please contact your Technical
Specialist. 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.
Thank you for your cooperation and assistance during the inspection. Should
you have further questions or comments regarding this inspection, do not
hesitate to call at [phone], ext. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
cc: ❑r. Garth Boyd, Murphy Family Farms
Craven County SWCD Office
DSWC-WaRO
Compliance Group
WaRO

IP
State of North Carolina
Department of Environment
and Natural Resources
Washington Regional Office
James G. Hunt, Jr., Governor
Wayne McDeVitt, Secretary
September 19, 1997
Mr. Ed Causey
P. O. Sox 717
Ayden, NC 28513
Subject: Notice of Deficiency
Faye Causey Farm
Facility Number 25-6
Craven County
Dear Mr. Causey:
di
� ssAr,ra
KXJAIA
On August 14, 1997, Carl Dunn from the Washington Regional Office of the Division
of Water Quality conducted an inspection of your intensive livestock operation. This
inspection is one of two annual inspections as required by Senate Bill 1217. The Division of
Soil and Water Conservation will also conduct an inspection of your intensive livestock
operation during the 1997 calender year.
The inspection revealed that you have failed to follow your most recent animal waste
management plan as required under 15A NCAC 211 .0217(d). All of the crops as listed in
your certified waste management plan have not been planted in the respective waste application
fields. Also, you fail to have the proper irrigation equipment necessary to reach all of the
waste application fields.
Your certified waste management plan also failed to contain the design plan for the
lagoon, an operation and maintenance plan, and an insect and odor control checklist:. These
items must be a part of the certified plan kept on site.
Please respond to the Washington Regional Office in writing within 30 days of receipt
of this letter as to the actions taken or purposed to be taken to resolve the aforementioned
deficiencies. 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.
943 Washington Square Mall. Washington. North Carolina 27889 Telephone 919-946-WI FAX [phone]
An Equal Opportunity Affirmative Action Employer

Fac. No. 25-6
September 19, 1997
Page 2
Thank you for your cooperation and assistance in this matter. If you have any
questions concerning this matter, please call the Washington Regional Office at (919)946-
6481, ext. 208.
Sincerely,
Carl Dunn
Environmental Engineer
cc: WaRO Files
DSWC - WaRO
Craven County NRCS
Compliance/Enforcement Group
Central Files

WASHIN(�#�VE�
N -OFFICE
Post Office Box 717 OCT a b 1997
Ayden, North Carolina
September 26, 1997 D• F. M.
Mr. Carl Dunn, Environmental Engineer
Department of Environment & Natural Resources
943 Square Mall
Washington, North Carolina 27889
Re: Facility Number 25-6
Craven County
Dear Mr. Dunn,
Thank -you for your correspondence of September 19, 1997 regarding your August 14,
1997 visit. The five weeks needed for you to provide a written response certainly indicates
that you are quite busy. Needless to say, this time differential accounts for why the full
context of our discussion was not thoroughly summarized,
We appreciate your time and look forward to your return visit. As stated, we will actively
endeavor to comply with all requirements. We believe our documentation clearly
demonstrates exhaustive efforts during the past year.
You requested a written reply within thirty days. We offer the following comments:
1. We have requested a copy of the lagoon design plan from NRCS. A copy of the request
is enclosed. Based on our experiences, we cannot be assured that NCRS in Craven County
will provide us nominal assistance. Can you believe that they would not assist us with the
layout of some extensive ditching that we accomplished this year!
2.Operation and Maintenance PIan- We thought you were to provide a guide form. Please
provide a guide or more specific directions and we will document our ongoing satisfactory
management.
3.Insect and Odor Control Checklist- Again, we thought you were going to provide a
Ode for same. We have requested this form from NCRS.
4.1t is our desire to provide needed additional irrigation equipment after all crops are
harvested.
5.We intend to plant additional grass that is needed. You advised that same should be
planted in April. We agree. However, we will plant in November, 1997 if specifically
directed. You indicated during your visit that April would be appropriate.

G. For your information, we are enclosing correspondence relative to our efforts at
improving our waste handling. As you can see, we have pursued this matter diligently. We
have been disappointed in many of the dilatory responses. Also, the bureaucracy we are
facing is overwhelming! Everyone wants to tell us what we have to do. No one, it seems,
is willing to admit for the record that our treatment on grant requests "is morally unjust".
Please carefully review our response. If the response is not complete or unacceptable in
any manner we are requesting a follow-up visit in October, 1997 for further direction.
Your prompt consideration and courteousness during your recent visit are appreciated.
Sincerely,
Edwin W. Causey

Post Office Box 717
Ayden, North Carolina
September 25, 1997
Mr James K. Spruill, Chairman
Craven Soil and Conservation District
302 Industrial Drive
New Bern, North Carolina 28501
Dear Mr. Spruill,
Reference is made to our July 21, 1997 correspondence regarding cost share assistance in
1998. We were looking forward to your specific guidance to ensure our best opportunity
for consideration. In any circumstance, we are requesting that you provide necessary
applications and directions for obtaining expeditious assistance. Some of our needed
improvements should be completed immediately,
Please also forward a copy of the design plan (s) for our existing lagoon. In addition,
please forward a copy ofNRCS STD. $633 Required Specifications for waste utilization
plan, odor and insect plan, and mortality checklist.
Your prompt considerationtand positive action will be greatly appreciated!
Sincerely,
Edwin W. Causey

---State of North Carolina
Department of Environment
and Natural Resources
Washington Regional Office
James S. Hunt, Jr., Governor
Wayne McDevitt, Secretary
September 19, 1997
M411141014. u -
Mr. Ed Causey
P. O. Box 717
Ayden, NC 23513
Subject: Notice of Deficiency
Faye Causey Farm
Facility Number 25-6
Craven County
Dear Mr. Causey:
On August 14, 1997, Carl Dunn from the Washington Regional Office of the Division
of Water Quality conducted an inspection of your intensive livestock operation. This
inspection is one of two annual inspections as required by Senate Bill 1217. The Division of
Soil and Water Conservation will also conduct an inspection of your intensive livestock
operation during the 1997 calender year.
The inspection revealed that you have failed to follow your most recent animal waste
management plan as required under 15A NCAC 2H .0217(d). All of the crops as listed in
your certified waste management plan have not been planted in the respective waste application
fields. Also, you fail to have the proper irrigation equipment necessary to reach all of the
waste application fields.
Your certified waste management plan also failed to contain the design plan for the
lagoon, an operation and maintenance plan, and an insect and odor control checklist. These
items must be a part of the certified plan kept on site.
Please respond to the Washington Regional Office in writing within 34 days of receipt
of this letter as to the actions taken or purposed to be taken to resolve the aforementioned
deficiencies. 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.
943 Washington Square Hall. Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

r�
No. 25-d
-ptember 19, 1997
?age 2
Thank you for your cooperation and assistance in this matter. If you have any
questions concerning this matter, please call the Washington Regional Office at (919)946-
6481, ext. 208.
cc: WaRO Files
DSWC - WaRO
Craven County NRCS
Compliance/Enforcement Group
Central Files
Sincerely,
Carl Dunn
Environmental Engineer

P. Q. Box 717,
Ayden, North Carolina
July 21, 1997
Mr James K. Spruill, Chairman
Craven Soil & Water Conservation District
302 Industrial Drive
New Bern, North Carolina 2850I
Dear Mr, Spruill,
Enclosed please find a copy of DEHNR regulations that indicates that upgrading our
waste management system is eligible for cost share. Personnel in other area offices have
expressed optimism regarding our possibilities for assistance in 1998. Needless to say, we
are excited about these possibilities and would like your specific guidance to ensure our
maximum opportunity for favorable consideration.
We look forward to hearing from you at your earliest convenience.
Sincerely,
Edwin W, Causey

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
May 5, 1997
Mr. Ed Causey
Post Office Box 776
Grifton, NC 28530
AL
IDFEHNF1
Division of Soil & Water Conservation
SUBJECT: Operation Review Summary & Corrective Action Recommendation for
The Faye Causey Farm
Facility No.25-06
Craven County
Dear Mr. Causey,
On April 17, an Operation Review was conducted of the Faye Causey Farm, facility no.
25-06. This Review, undertaken in accordance with G.S. 143-215.1 OD, is one of two
visits scheduled for all registered livestock operations during the 1997 calendar year.
The Division of Water Quality will conduct a second site inspection.
During the Review, It was determined that waste was not being discharged to the
waters of the State, and the animal waste collection, treatment, storage and disposal
systems were operated under the responsible charge of a certifiedjoperator. A copy of
the completed review form is enclosed for your information. The following observances,
questions, and management deficiencies were discovered and noted for corrective
action or response:
• Farm name changed from the Ed Causey Farm to the Faye Causey Farm as
requested by you.
• Compliance with the Waste Utilization Plan (WUP) - It is our standard policy to
acknowledge the most recent waste utilization plan which is designed by a
certified technical specialist, agreed to by the producer, and on file with the local
Soil and Water Conservation. Since your farm's WUP, revised 913196, meets
this criteria, it is this revised WUP we used to determine whether your operation
is in compliance with its Animal Waste Management Plan Certification. The
revised WUP requires fields 3, 6 and 7 to be planted in Bermuda Grass for hay
in the Spring of 1997. Coastal Bermuda was not planted at the time of the
Review, but the spring planting window was still open. You relayed that the
Bermuda would not be feasible because of needed equipment. Since you
signed the WUP agreement which states that "...(you) will follow and implement
the specification and the operation and maintenance procedures established in
the approved animal waste utilization plan for the farm...", you could either
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Ernployer

Mr. Ed Causey
May 5, 1997
Page 2
implement the plan as agreed, or have the WUP revised to reflect your cropping
intentions so that your farm will remain in compliance with the 15A NCAC 2H
.0260 Nondischarge Rules. You stated that your current irrigation system could
not reach the 47 acres as required in the Animal Waste Management Plan
Certification; however, the revised WUP drops the required acreage to 26.7
acres which should be more compatible to your irrigation system's range.
• As requested by you, i have enclosed a copy of your farm's WUP which was
written and approved in October of 1991. The 1991 WUP was obtained from the
Craven Soil and Water Conservation District and served as the basis for your
Certified Animal Waste Management Plan according to Andy Metts with the
Natural Resources Conservation Service. On page 2, the plan states "Applying
the above amount of waste is a big job. You should plan time and have
appropriate equipment to apply the waste in a timely manner." This WUP is
consistent with earlier WUPs and is an acceptable component of a Certified
Animal Waste Management Plan.
• The following required records or documents were unavailable during the
Review, and need to be secured and maintained on the farm for future
inspection: waste application records, waste analysis and soil sampling reports,
and the Operation and Maintenance Plan for the waste management system.
• This was not required at the time of the Review but in preparation for your
farm's general permit, you will need to secure and maintain the following records
on your farm: measurements and calculated volumes for all structures; site
schematic; NRCS Standard #633 Required Specifications for the Waste
Utilization Plan; odor, insect and mortality checklists. You should be able to
secure these, depending on the specific document, from either your technical
specialist, the local Soil and Water Conservation District, the Cooperative
Extension Service, or your local agronomist with the N.C. Department of
Agriculture.
The Division of Soil and Water Conservation appreciates your cooperation with this
Operation Review. Please do not hesitate to call Scott Janes or me at 919/946-6481 if
you have any questions, concerns or need additional information.
Sincerely,
Pat Hooper
Environmental Engineer
cc: Craven Soil and Water Conservation District
Carroll Pierce, DSWC Technical Services Chief
Division of Water Quality - WaRO
DSWC WaRO Files

p Routine p Complaint p Follow-up of inspection p Follow-up of DSWC review p Other
IIFJIr, �. i MIJ (M
V
p Not Operational

6. Is facility not in compliance with any applicable setback criteria?
7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/i/97)?
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lap-oons and/or Holding Ponds]
9. Is structural freeboard less than adequate?
Freeboard (ft): Lagoon 1 Lagoon 2 Lagoon 3
..................4......................................................... .................... ........
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. ❑o any of the structures need maintenance/improvement?
(if any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
Waste A Riication
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ............... C0M.(Silage.&..Gzai,n).............. ..Small..G dimC90 eat,..Sarky..,.Miln...
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the cover crop need improvement?
19. Is there a lack of available irrigation equipment?
For Certified Facilities Only
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
p Yes ® No
p Yes ® No
p Yes N No
p Yes N No
Lagoon 4
p Yes ® No
p Yes ® No
p Yes N No
p Yes N No
p Yes ® No
p Yes N No
p Yes R No
p Yes ® No
p Yes H No
p Yes ® No
® Yes p No
® Yes p No
23. Does facility require a follow-up visit by same agency? ❑ Yes ® No
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? p Yes ® No
j Reviewer/Inspector Name
Reviewerlinspector Signature:
Date: 411114 7

16. According to the revised Waste Utilization Plan ()&`UP) signed by Mr. Causey on 913/96, spray fields 3,
6 & 7 are to be planted into Coastal Bermuda for hay in the spring of 1997, while fields 1, 2, 4 & 5 to
remain in com/wheat rotation. Coastal Bermuda was not planted at the time of Review, but farm still in
compliance since spring planting window had not ended. Mr. Causey stated that the Bermuda was not
feasible since he had no way of handling the hay even though he did sign the WUP agreement to follow
and implement the plan. Revised '%`UP was available on site and on file at the Craven SWC District
Office.
19. The farm's earlier WUP (signed by Mr. Causey on 1 018191) served as the basis for the 12195 ANIMAL
WASTE MANAGEMENT PLAN CERTIFICATION FORM (signed by Mr. Causey on 11116195) which
requires 47 acres of com to receive waste. The earlier WUP was not available on site but was on file at the
Craven SWC District Office. Mr. Causey stated his concerns that his solid set system with aluminum pipe
and hydrants could not reach all 47 acres as required by the earlier plan. Since the farm's WUP was
revised by a technical specialist to change cropping patterns in fields 3, 6 & 7, the farm's required land
application acreage dropped to 26.7 acres thus not requiring equipment to reach the originally required 47
acres.
21. See response to 22.
22. Waste application records, waste analysis and soil sampling reports were not available.
No subsurface drainage in lagoon or spray field areas according to Mr. Causey
Earlier WUP was done by Technical Specialist, Andy Metts with NRCS.
Revised WUP was done by Technical Specialist, Hank Gay with Murphy Family Farms.
Mr. Causey claims the neither the earlier or revised WUPs are correct and that his operation was
improperly certified by Technical Specialist, Andy Metts.
r-w f 1 d 0 M ran C n} S if e, i o r-)
?,. - 00'or c01—

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Edwin W. Causey
Post Office Box 717
Ayden NC 28513
Dear Mr. Causey,
e��
E)EHNFZ
Subject: Certification of Facility
Facility Number 25-6
Craven County
Thank you for your February 25, 1997 letter regarding the certification of your swine facility in
Craven County. This facility was certified by Andrew Metts of the Soil and Water Conservation
District in December 1995.
The Soil and Water Conservation District has informed the Division of Water Quality that your
facility was certified according to all applicable NRCS Standards in effect at the time of
certification. Since no error was made in certification, the certification on file and the Soil and
Water Conservation District and with the Division of Water Quality in Raleigh will remain
effective. This does not however, prevent you in any way from making any modification to the
facility, or the waste management plan as long as the changes are certified by an appropriate
technical specialist.
If you have further questions or comments, please do not hesitate to contact Sue Homewood of
our staff at 919-733-5083 ext 502.
Sincerely,
A. Preston Howard, Director
cc: Facility File
Donna Moffit, DSWC
R o, Box 29535, NiAy� FAX [phone]
Raleigh, North Carolina 2762�i-0535 �f An Equol FAX
Action Employer
Telephone [phone]% recyClesl10% post -consumer paper

Cr�veo 5oi1 & Water Conservat`on Disrict
302 Indus�ria| Dive
New Bern, �.C. 28562
Rhone 637-�5+7
May 2, 199T
�r- Edwin W' C�usey
P'O. 8ox T17
Ay�en, N.C. 285�3
Dear Mr- Causey`
In answer to your |eter of Apri| 20, �99T, our fisca|
ye�r is the per/od m Ju|y 1 thru June 30. In most ye71r5
it is probab{y Ssptem�er be�ore we know our new a||ocations
dependinS wen the |eSis\ature approves the state oud1:1et'
�owever, ba.sen current ai|ocation p�rameters, we do not
expect to ask for vr rece.ve �ny an�ma| opera��on funus for
the next fisca-i year. The re�sonin8 beh-1nd this statement
is tat approxIma�e�y 82% o� tne nima| oper�tions in the
Neuse Rive' Bastn witnin Craven Couoty are curren��y
cered' The ,emain\nnave fun1 s prev\ousiy oo\iSated
t" he\p meet 0200 requirements' Tnerefore, b�sed �n
crprevousiy expiaipe� to you, Craven County is not
eii8ib|e to receive addition?,' anim3aste system cost
sh?,re fundin8. Since we Go not have input or paicipate in
makio8 state eiiS�bi|ity sranda/ds for the cost share
pro8r�m, we have no way of knowin8 /f or when tney ma�
chanSe unti| n0t17ipd.
'
As far as rnin8 of new pro8rams, news ar�ic�es o�
such are normenocai newspaer, announced a�
iocaarm meet,nSs and by wor1� of mou'Ln from o'�-'her anima|
operators.
We nope th�� rep1y h�s aodresseiestions as
`mFri osed in your previous/y ment`oneo correspondence.
_
zcincere1y,
Sprui|�
Ch�irm-Eln

r • '
Post Office Box 717,
Ayden, North Carolina
April 20, 1997
Mr. lames K. Spruill, Chairman
Craven Soil & Water Conservation District
302 Industrial Drive
New Bern, North Carolina 28501
Dear Mr Spruill,
Reference is made to your correspondence of February 12, 1997. We are certainly
hopeful that the opportunity will be made available in the near future for needed grant
assistance per our previous request. We want to ensure that we do not miss any windows
of opportunity. Please advise when we should file our next application. Also, how do we
learn of new programs that you have or might acquire that also might provide assistance,
Your consideration is appreciated.
Sincerely,
Edwin W. Causey

DEKQ = air --91,99 r5371F
Dec 17 .96 10;C6 ?. Q-2iO3
authorized sCAliiiCR:S to be 5C7t t4 due Comxrissior. from
the Soil and water Co:servation Ccm.=: ssica on the Neuse River Nutt e tt
-43tza9=Crtt St.*ate9Y and ,^ropcsed rules. The Corunissior,'s
comments will say that tine is nerded to see :.o%v mLch rcducticn car, be
accompUshed `rom the multitude or vcluwary progr=js, ineudir a Cosy Share, an
the current mandatory permi-aing required by Senate Bill 12117 before addironai
rnandatorr measures arc re _uired by fa--rnem. The ro?�enis will also sc-ess rha:
there is in�ciert field resources ,a it :plement the reaui; ed Bi%Qs «ithia the two
year period after adoption of -,he toles.
voted to change the way int,ormadon is provided f;-r the Cost Share use.'
in the annual straaegy plans cegiarEag wits aroar.-a : year 1993. A siandardited Ill -
in -he -blank fort._ will oe c,eaaea by tie Division. Tie Divisiaa will suFz:ly much of
the data from standard sourcas wish the :astr:ct su--pl;:'.-tg Lire rest of t—be kkrmat:on.
(A serarate mailing will go out to all districts-xplakmg t e changes -,ud tz�ring will
be offered this spring on the new methodology.]
voted to accept a recomrienda%on from the TRC oz roofed `ecd lo:s. Cost Sh=
funds shall not be used for roof g a gavel or conc:ate ]wavy use area in a pasture
s;tuation. For confined operations, a roof:nay be cast shared if the designer certifies
4J=t aroof is the most test effective means of managing storm wafter runcff'to tha
waste collect -;on system =d :he pad or neavy use area to be rooted Was i_rstalled prior
to dovember 7, 1996. Crhe cos: e$ecaveness analysis should be =dt crwaea tie
cost of the roof and ::;e cost of expazdiag tl:e ,ate tz thr la -goon or waste s.orage pon
to handle &e r»nofr"without a roof, for example.)
Rom'lent r t;i�a .4 QU Ex! -tilt � Co1{ 51,ar ualffm 4 the Cato Dicer since^ Sty'?
Because ofthe wide ey of sc.-nos possible when .4200 and Cast Skar: cynverge, L�:C
Division staff i as received questions from the field :hat ne:ded review by :Ile TRC to
insure czu.�nt policies are being implemented properly. C;)nsensus was reac"=e! on, Ie
followinb sc:tk r os;
■ When Cost Share L5 used for a waste application s;rsre.:h that meats the .0204
c-:tiFcation requirements, and a rew• water quality pro �Iern assoc:z -d ;4th the ;waste
application system is created tb: ough the actions of the farmer, Cost Share funds si-.!l
not be used to some tee new problem.
• When a waste management system is cenif,ed with a ;uiprment that is not Cost
Farmer
Shaved, the will be eligible to upi _ w the are n wh-t Cost Snare assistance
as long as greater water gtializy benefits can be shown.
■ Cost Share Elands can be used to pay the difference between the ca-rent replace.men:
va'ue of previously Cost Shared u%as a application systems: (e.�t., a honey wagon) and
a new system {z-g.- solid set) so Fong as the new syste;n is shown tc Fro vide g;ester
water duality irnpr o . er;icrts,
• If third parry appii=aror arrang,sent for at, animal operation fails. ti't ❑ce.atorl
cwner may be eli�-ibie fcr Cost Share assistance to install a waste atspi;.ation sysrcaz.

Post Office Box 717,
Ayden, North Carolina
April 20, 1997
Mr, Jonathan B. Howes, Secretary
State of North Carolina
Department of Environment, Health and Natural Resources
P. O. Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Howes,
We have a small hog topping facility in Eastern North Carolina. We have worked tirelessly
for the last year to put together a package to improve our waste disposal system.
Unfortunately, we have a certified plan that apparently eliminates us from any
consideration for grant assistance. We contend that this certification is incorrect. We
accept our share of the responsibility. We need your help!
Everyone we talk with indicates that we have a good argument and that we have been
eliminated from assistance on a technicality. Unfortunately, we cannot seem to find anyone
that has the authority to correct this situation. We apparently need two things:
1. Our farm needs to be decertified.
2. Grant assistance needs to be made available
One of your staff persons indicated that we should contact Mr. Preston Howard. We
wrote him on February 25, 1997. We have not had a response. We understood that the
Governor was our next contact. We have recently learned that we should contact you.
4'or your perusal, we are enclosing copies of related correspondence. We are not
questioning anyone's integrity, Likewise, most hog farmers are not out to harm the
environment; much less our own farms. In addition, we understand that hog farmers are
not currently part of what is "politically correct". In any circumstance, we hope to find
someone to fully consider the merits of our request and help us achieve what is "right".
Any thoughtful consideration that can be given our request will be greatly appreciated.
Sincerely,
Edwin W. Causey

Post Office Box 717,
Ayden, North Carolina 28513
February 25, 1997
Mr. Preston Howard, Director
Division of Water Quality
Post Office Box 29535
Raleigh, North Carolina 27626
Dear Mr. Howard,
Enclosed please find a copy of my December 12,1996 correspondence to Ms. Donna
Mofiit and the January 13,1997 reply from Mr. C. Dewey Botts. I have contacted Ms.
Sue Homewood per the suggestion of Mr. Botts. Ms. Homewood has directed me to
contact you. She indicated that you were the person that could assist with my concerns.
My letter of December 12,1996 outlines my concerns regarding certification for the 0200
requirements. I carefully explained to Ms. Homewood that I was not meeting the
requirements of 0200 at the time the plan was certified. I do have additional land that can
be utilized; but , significant additional cost will be necessary. She researched our situation
and subsequently advised that the certification was proper,
I explained to Ms. Homewood that there was no real difference between my needs and
those persons whose plans were not certified. She agreed and understood that I was
caught by a technicality. This is when she referred me to you. I am in great need of help.
I do not understand why some provision for assistance cannot be provided when the only
reason for my considering improvements is to meet current standards.
Vlease do not hesitate to call if additional information or clarifications is needed. Your
—=nsideration and assistance is appreciated.
Sincerely,
Edwin W. Causey

Craven So i i & WRter" C:CIr,ser'Va.t i ._-r, D i str- i ct
302 Industr-iial 'Drive
New Derr,, N.C.
February 12, 1997
mr. Edwin w. causey
P.0.2,ox 717
Ayden, N.C. 2_F;1:LL
Dear- Mr-. C:ausey:
Reference is made to yOur ccrr-resporidence cif january
1'P')'I. Our district is not requesting any additional funds
f or" an i rna i oP.erat. i oris s i rice a. i i l i vestock operations i rl the
county i',ave e i trier been prev i ous l y cer"t i f i edi to meet `Q7JZV_1;Ei
re9u l at i cans, are p i anrr i n9 tin c i c-s iris their operat inn ter
funds have been ob l i'Jated to ass i st i rr [beet i ng the i r- needs
tr- meet the 02CJ2) dead i i rFe. A i so, your i rr i gat i Cars p i a.r, i-,as
not been subm i tted to the area er13 i.rreer- as they are r,ot
requ i red to rev i ew any p i an that cast share fund i rig i s r cct
being provided.
If in the future the district ci-rario;-s its pr i or- i ty or,
fun-1ir,3 gar p o I ivies car - iegisiative actir_i*ns create different
e l i g i t. i 1 i t y r-equ i r-aiilar,t..s, yc,u CAa-y f e ah l e tc- stot-rrt i t ar,
application witfr favarabfe results.
Sincerely,
James F'. Sprui i l
C ha i rman

Craven So i l rater- C:c_ r,servat i C-fi D i str i ct
1El I n d u s t r i a Dr i ve
New C'er-rf,N.C:. �;
M a r- c h 2, I,-'-)'T
Mr . E d w i ri W. C:ause-
Ayderf, N.C. F1s
Dear- Mr-. C-aLLSeY,
We are uriab 1 e to satisfy your reqlles i. as described i rf
your- letter of February '25th. WnCE-3 key policy in Nr=rth
C:arc. I i rfa. Du I I et i ri N . 451---0-4, dated 2 7-16, sta'tes i 'C, d o e S
not review or design nor, Cost Share Animal Waste Systems
except those rleed i rig tL, meet .S7Q200 Crirnp.I i anCe. Q Cririy Ctf
th is bu l let i rf is attacVie d f �,r further- exp I arfat i ors.
Rwferral to Pfir-. Gary 5calf, Murphy Far-rnw, Inc.,
whi--irl; you Coritr-act yi-Lur- operat i ors arld/c.r Mr. Irarsha l i Lee
Brock of Brock i r-aCtCLr Equ E pmant Company 'whose Cj_trElrFa1-fy
designed your submitted plan is t-e i riS Gsuq Tested. These two .
i rid i v i clues l s are des i 9 n a t. po by the iNi_-r-th C:a.rn I i rla. Sig i 1 k:
Water CoClservat i on Cornrn i ss i orl to c e r t i fy ar7 e n t ii re or-
por"t i r-ri of an art i ma.1 waste F, l ar3 or systern. T rie C:?�rvipi i ss i orf
rays i qns ties E 3riaL i on f or des i on approva I author ! ty an!
i ns.t a 1 l at i Cork aP,prova l bas-ed -.n dernorfstra.tPr! pr i r-r
e-per- i er,ce. i h e s e i rid: i vi dua. i s have beer, des i griatep-2 as
i e c h n i ca.I Spec i a l i st f or I rr i gat i on des i ;iris- and
i rista} I at i ons.
We hc'pe this infor-rna.tiori wi i i 1►sef11i ari=j trelF`fa:I ire
meet i nq your rier-Is.
Sircer_ely, `
C ha i rrnan
enCI.

Post office Box 717
Ayden, North Carolina 28513
February 25, 1997
Mr. James K. Spruill, Chairman
Craven Soil & Water Conservation District
302 Industrial Drive
New Bern, North Carolina 28501
Dear Mr. Spruill,
Reference is made to your correspondence of 2-12-97 regarding my previous request to
have our proposed irrigation plan approved by the engineer. We understand that there is
no requirement to review the plan. However, we are requesting that the plan be reviewed
for certification for the following reasons:
1. As you may recall, I made this specific request at the December appeal hearing. I was
advised that there was no requirement to review the plan. Moreover, I was advised that
you would keep the submission and have the plan reviewed as a matter of courtesy.
2. 1 have pursued this proposal in good faith. My contract with the provider of the plan
requires a payment for same after it has been approved by you. Needless to say, the
review is needed.
3. I understand that plans not approved by 3-15-97 will necessitate an engineer's seal. As
you know, this will require significant additional cost.
Your prompt consideration of the above is appreciated. The positive comments received
at the end of your letter are encouraging. We would appreciate your contacting us at
anytime a chance for reconsideration may occur,
Sincerely,
Edwin W. Causey

P. a. . Box 717
Ayden, North Carolina
January 20, 1997
Mr. James K. Spruill, Chairman
Craven Soil & Water Conservation District
302 Industrial Drive
New Bern, North Carolina
Dear Mr. Spruill,
Reference is made to my correspondence of December 12, 1996 to Ms. Donna Moffitt
regarding several questions relative to my lagoon certification. A copy of this letter was
provided to you. We received a reply from Mr, C. Dewey Botts that was dated January
13, 1997. His letter indicates that a copy was also provided you.
We are in the process of contacting Ms. Sue Homewood as suggested. The last paragraph
of Mr. Botts letter indicates that the district may request additional cost share funds by the
end of January. We are certainly hopeful that our needs and previous requests can receive
appropriate consideration as you submit an updated request for funds. Please note that our
previously submitted irrigation plan is awaiting review by the district engineer.
We greatly appreciate the consideration and courtesy of the committee.
Sincerely,
Edwin W. Causey

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Soil and Water Conservation
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
C. Dewey Botts, Director
January 13, 1997
Mr. Edwin K. Causey
Post Office Box 717
Ayden, N.C. 28513
Dear Mr. Causey:
Thank you for your recent letter to Ms. Donna Moffitt of my staff about your farm
in Craven County. You asked two questions: 1) Who could withdraw your farm
certification and thus establish your eligibility for .0200 cost share monies? and 2) Is it
then possible to have needed cost share monies redirected to Craven County to fund your
application?
On the first question, I do not know of anyone requesting decertification on a
correctly certified farm or any statutory or regulatory authorization to allow this. I would
not support decertifying a farm that has been properly certified. However, you will need
to contact Sue Homewood in the Division of Water Quality at 919/733-5083 ext. 502 to
determine whether you can become decertified.
Becoming decertified may make you eligible for the special animal waste cost
share funds, but only if your operation fits into the water quality prioritization established
by the Craven Soil and Water Conservation District as allowed by the Cost Share
program regulations (15A NCAC 6E.0008). Since you are currently certified, you can be
assisted only from the regular Cost Share allocation. As I understand it, the Craven
District has prioritized these funds for non -animal operations for the 1997 program year.
The Craven District must apply their policies and limitations across the board to all
applicants and not single out operators for special treatment in violation of their
established policies.
On your second question, we do not direct Cost Share funds to a particular
District for a particular operation. The District makes a request for funds at the beginning
of the program year and mid -way through the year based on overall need and water
quality priorities. Those are the usual times funds are allocated to the District. This year,
because of the special funds, the Districts may request additional special funds by the end
of January. It is entirely up to the Craven District to request additional special Cost Share
funds and how much they wish to request.
P.C. Box 27687, Rodelgh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunilty Affirmative Action Employer W% recyciedl 10% post -consumer paper

Finally, if future policies of the Craven District and the Soil and Water
Conservation Commission change, you may be able to submit a successful application at
a later time.
I hope you find this information useful. If you need additional information, you
may contact the Craven District or me.
Sincerely,
C. Dewey Botts
cc: James Spruill
Donna Moffitt
Tom Jones
Deborah Gaul
Sue Homewood

P.O. Box 717
Ayden, North Carolina 28513
December 12, 1996
Ms. Donna Moffitt
N.C, Dept. of Environment, Health & Natural Resources
Division of Soil & Water Conservation
P. 0. Box 27687
Raleigh, North Carolina 27611
Re: Application for Cost Share
Craven County
Dear Ms. Moffitt:
Reference is made to several recent telephone conversations regarding eligibility for cost
share funds for irrigation improvements for my hog operation and my recent rejection for
assistance by the Craven Soil and Water Conservation District.
My application was rejected on November 19,1996. I was given the opportunity to appeal
the decision and meet with the committee on December 10, 1996. We had a very
productive and cordial meeting. The committee explained that my application was
rejected because I had a certified plan in place that met the .0200 regulations. They
emphasized that they were given very strict criteria and did not have discretion to deviate
from the specific criteria provided. They further stated that they had returned nearly
$50,000 in Neuse River Basin Funds.
I explained that my farm certification was completed on December 19, 1995 per the letter
from Mr. Andrew Metts, District Conservationist. The plan calls for 46.4 acres of land
needed for waste application. This is the plan of what I needed to be in compliance. I
was not in compliance with this plan at the time or now. I explained to the committee
what I am presently doing. Highlights include:
1. I have approximately 27 acres of land that my present irrigation system will reach. If
we allow for proper setbacks, available land is less.
2. My present method of irrigation is a solid set system. It requires the physical
movement of approximately 1300 feet of aluminum pipe. Realistically, it is almost
impossible to move the pipe as often as the new regulations seemingly require.
I explained that our operation is within close proximity of our home and that we pump on
adjacent land. We make a diligent effort to be good stewards of the land.
I proposed to the committee that the certification for my farm should be withdrawn. I
would then be eligible for cost share under this program. The committee agreed that this

Ms. Donna Moffitt Page 2
NC Department of Environment, Health & Nat'l Resources
action would establish my eligibility. Unfortunately, Mr. Metts did not believe that he had
the authority to withdraw my certification. Also, the committee pointed out that
remaining monies had also been refunded. The committee seemed receptive to helping if I
could establish eligibility and if funding could be made available. They seemed to agree
that I had been eliminated from needed assistance by an unfortunate technicality.
The committee was receptive to my exploring my concerns at the state level and offering
assistance if eligibility could be established and money redirected to Craven County.
I am not really sure who I need to contact. Hopefully, you can advise who I need to
contact if you cannot assist. To summarize, my two questions are:
1. Who could withdraw my farm certification and thus establish my eligibility for 0200
cost share monies.
2. Is it then possible to have needed cost share monies redirected to Craven County to
fund my application.
Any assistance that you can provide will be greatly appreciated.
Sincerely,
Edwin W. Causey
cc: Mr. James K. Spruill
Craven Soil & Water Conservation District
302 Industrial Drive
New Bern, N.C. 28562

Craven Soil & Water Conservation District
02 Industrial Drive
New Bern, N.C. 28562
Phone 63T-Z547
November 27, 1951
Mr. Edwin W. Causey
P.Q. Box 717
Ayden, N.C.
Dear- Mr. Causey:
In reference to your fetter of November- 2Z, 1996, we
submit the following response. The denial of your
application was eased on the Agriculture Cost Share Manual
and Allocation of Funds Parameters in addition to the
Operating Procedure for Craven County adopted by this board.
More specifically:
1. Cost Shure funds can not tie used to rep- I ace a BMIP
for the convenience of the cooperator or to allow an upgrade
using technological advances when the upgrade is not
required for certificatiran.(Summary of ACSF Manual Changes
for Program year 9 /9T item III. 2. 5.)
Z. Neuse River- Basin Funds must be used to fund .0200
animal operations only. After all nor, certified (.O:'OO)
operations are under contract, unused funds will be returned
to the Division for, other counties in meeting .0 '00
regulations. (Letter of Allocations dated 6/29/96; Operating
Procedures for NCACSF for Craven County adopted by board.)
I feel that Item 1 in your letter has been met with the
application being prepared and submitted to this board using
regular- channels. The board acted by using guide lines
handed dawn and adopted.
It is believed J.H. Fields, District Technician,
answered these questions in his letter- to you dated October
Z1, 199' -. .
Item 6, the plan was submitted and approval was denied
at the Board Meeting held November 18, 1 -:96. No further
action is planned since denial is due to operating
regulations. If in the future regulations change, you may
submit another application.
As to Item 7, the local district has the only known
authority to administer ACSP Funds designated to its county.

Our next scheduled board meeting is at 7:00 p.m.
December 10, 1996, at our office i 6 the Agricultural
L.'uiIding, New Bern, N.C. If you desire to appeal to the
hoard you wi I I be given time to do so.
Sincerely,
J .l•{, 5-r-u i I I
a•�
Cha i rroan

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Ed Causey
Ed Causey Farm
PO Box 776
Grifton NC 28530
MEN
A4
__ _tla
1DEHNR
November 13, 1996
SUBJECT: Operator In Charge Designation
Facility: Ed Causey Farm
Facility'_D#: 25-6
Craven County
Dear Mr. Causey:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Enclosure
cc: Washington Regional Office
Water Quality Files
P.O. Box 27687, �►C FAX 9 ] 9-715-3060
Raleigh, North Carolina 27611-7687 r An Equal FAX
Action Employer
Voice 919-715-4 i QD - 60% recycled/ 10% post -consumer paper

P.D. Box 717
Ayden, North Carolina 28513
November 22, 1996
Mr. James K. Spruill, Chairman
Craven Soil & Water Conservation District
302 Industrial Drive
New Bern, North Carolina 28562
Dear Mr. Spruill:
Reference is made to your correspondence of November 19, 1996 denying our irrigation
application. We would like for this letter to serve as meeting the ten day response time for
requesting an appeal. However, we would like to obtain additional information before we
determine that an appeal is necessary. We would like to also verify that requesting an
appeal creates no lasting "stigma" that would impede our opportunities for utilizing any of
your programs in the future. We sometimes get the impression that our specific questions
on various programs are met with reluctance.
We are farmers in western Craven County, We are operating two hog -topping finishing
floors. As you know, the hog industry is being assaulted from many directions. We have
apparently an approved waste management plan. We cannot fully meet the spirit and
requirements of the new regulations without significant improvements to our irrigation
system. We just cannot afford $31000 worth of improvements without some assistance.
We need your help!
Your letter indicates that the denial was based on current operating criteria and .
guidelines for the 97 Cost Share Program. -Could someone explain the criteria and the 97
Cost Share Program? We really would like to have this information. In addition, we have
the following questions:,
1. We are familiar with some Government programs where the administrators will assist
applicant with their applications and try to help them secure funding in the current period
or provide the best insight possible for subsequent years. Does your agency have any such
provision?
2. Are there other sources of funding that could be of assistance?
3. Are there available monies at the state level that we can request, or from other
districts?

4. Does the district have monies that may go unused that we could qualify for at a later
date?
-> 5. What are the chances of funding our request next year?
6. Has the submitted plan been approved? If not, when will the plan be approved?
7. Is there any chance that we can procure funding ourselves, by contacting the State
Office?
Mr. Spruill, we very much appreciate past assistance. We hope that our inquiry is
received as interested people desperately trying to learn as much as possible about your
programs in order to find needed assistance.
Any help that you can provide will be greatly appreciated !
Sincerely,
Edwin W. Causey

Craven So i I «: Water- C:onservat i on
302 Industrial Dive
New Bern, N.C. L,56y
Phone 6';7-2547
November 19, 1996
Mr. Edwin W. C:ausey
P.C. Box 717
Ayden, N.C. Zg•513
Dear Mr. Gausey:
District
The Craven Soil �: Water- Conservation District at its
November 18th Supervisors meeting -denied approval of your
irrigation application dated November- 12, 1996 request i nS
Cost Share Funding. This denial was based on cur -rent
operating criteria and guidelines for the 97 Cost Shure
Program year.
Individuals whose request are denied have the right to
appeal to the hoard. Appeals must be made in person by the
individual requesting approval. Notice of appeal must be
submitted in writing to the board within 10 business days
after the individual is notified that his request has been
denied. Failure to notify the board in writing concerning
appeals within 10 business days forfeits an individual's
right to appeal.
Sin ere l y,
.lames K. Spru i 1 C�
Cha i r-man

Craven Soil 8: Water- Conservation District
:302 Industrial Dive
New Derv, N.C. Z:'562
Phone 6-37-254T
November 19, 1:96
Mr. Edwin W. Causey
P.O. Box 717
Ayden, N.C. 2851-
Dear Mr. Caus ey:
The Craven So i 1 u Water- Conservation District at its
November 18th Supervisors meeting denied approval of your
irrigation application dated November 12, 1996 requesting
Cost Share Funding. This denial was Eased on current
operating criteria and guidelines for the 97 Cost Shure
Program year.
Individuals whose request are denied have the r-iSht to
appeal to the beard. Appeals must be made in person by the
individual request i rig approval. Notice of appeal must be
submitted in writing to the board within 10 business days
after- the individual is notified that his request has been
denied. Fai I ure to notify the board in writing concerning
appeals within 10 business days forfeits an iridividuaI's
right to appeal.
Sir, erely,
Jaynes K. Sprui I
Chairman

State of North Carolina
Department of Environment.
Health and Natural Resources
James B. Hunt, Jr.. Governor
Jonathan B. Howes, Secretary
November 19, 1996
Edwin W. Causey
Box 717
Ayden NC 28513
Dear Mr. Causey:
s�
EDEHNR
The Department of Environment, health and Naviral Resources wishes to congratulate you upon
passing the examination for certification as an Animal Waste Management System Operator.
As required by Senate Bill 974, An Act to Require a Person Who Performs the Land Application of
Animal Waste from Swine Production to be Certified, certification as an Animal Waste Management
System Operator is a three step process. First, you must complete six hours of instruction on the
operation of animal waste management systems. Second, you must demonstrate competence in the
operation of animal waste management systems by passing an appropriate examination. Finally, to
complete the process, a ten dollar ($10.00) fee must be paid. You have successfully completed the
first two requirements of the certification process. In order to complete the last requirement of the
certification process, the ten dollar ($10.00) fee must now be paid (please see the enclosed yellow
invoice). Upon receipt of the required fee at the address listed on the invoice, your certification will
be validated and your Animal Waste Management System Operator certificate will be mailed to you.
We have attempted to develop a meaningful training program and I hope that you have found that it
has been a productive use of your time. I would appreciate any comments you may have concerning
the content of the training program or the examination. Please contact Ron Ferrell at [phone]
if you have any comments concerning this program.
Thank you for your participation in this effort to ensure the protection of the environment of the State
of North Carolina. If the Division can be of assistance to you in the future, please feel free to contact
me or my staff.
Sincerely,
0 � (f
FOR
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Enclosure
P.Q. Box 27687, �y�
Raleigh, North Carolina 27611-7687 � An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 1, 1996
Edwin W. Causey
Box 717
Ayden NC 28513
Dear Mr. Causey:
F?WA
E)EHfVR
Your registration form for taking the examination for certification as an Animal Waste Management
System operator has been received by this office. Your examination will be administered by a
representative of the Department of Environment, Health and Natural Resources on November 12,
1996, at 9:00 am at the James Sprunt Community College Monk Auditorium located on Highway l l
in Kenansville, North Carolina. if you need directions to the test site, please call [phone].
When you arrive to take the examination, you will be required to provide a positive form of
identification which contains your picture, such as a North Carolina driver's license, and the
Certificate of Completion from your six hour training class.
If you are unable to attend the examination for which you have been scheduled, you must submit a
Reapplication Form, available from your instructor or your local Cooperative Extension Service office,
to the Division of Water Quality. You may mail or fax the form to the address (fax number) listed on
the form in order to be registered to take the examination at another time.
Upon successfully demonstrating your knowledge of animal waste management system operations by
passing the examination, an invoice will be sent to you for the required $10.00 certification fee. Upon
receipt of the fee by this office, your certificate will be mailed to you.
We look forward to your presence at the examination on the date noted above. If you have additional
questions or concerns, please feel free to contact the Technical Assistance and Certification Group at
[phone].
Sincerely,
FOR
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
P.O. Box 27687, W *C
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 - - 50% recycled110% post -consumer paper

Craven Soil and Water Conservation District
302 Industrial Drive - New Bern, NC 28562 - Phone [phone]
October 21, 1996
Mr. Edwin W. Causey
P.O. Box 717
Ayden, NC 28513
Dear Mr. Causey:
I am writing in response to your letter dated October 16th relative to
your request for grant funding for irrigation improvements. I have been in
discussion with the NPS Section, Division of Soil & Water, DEHNR, concerning
your request. They were in agreement with me, based on present program
criteria and the district's adopted operating procedure for program year 1997,
that funding is not currently available through the NC Cost Share Program to
meet your needs. However, future funding and the district's stance on budgeted
funds are unknown.
In answer to your specific questions:
I. Payment on a grant application whereby construction or implementation of
a BMP is begun prior of final approval is prohibited.
2. We are not aware of any other allocations available that may be of
assistance to you.
3. The state currently has no monies for this purpose outside the NC Cost
Share Program.
4. Linable to project availability of future funding as it is based on
legislative appropriations.
5. We are unable to outline any assistance enhancement',based on current
program qualifications.
If you intend to pursue your grant funding request, a design and a formal
application is needed for district supervisors action.
cc: Donna Moffitt
James Spruill
Sincerely,
.H. Pields, Jr.
District Technician
CONSERVATION • DEVELOPMENT - SELF•GOVERNMEN1

RO. Box 717
Ayden, North Carolina
October 16, 1996
Mr, Jimmy Fields
Craven Soil and Water Conservation District
302 Industrial Drive
New Bern, North Carolina 28562
Re: Grant For Irrigation Improvements
Dear Mr. Fields:
Reference is made to our previous conversations regarding my request for grant assistance
for irrigation improvements associated with our swine operation. We are working with
Brock Equipment Company out of Bailey. We understand that they are on the approved
list for preparing certified irrigation plans that are acceptable to you. We believe that this
plan should be available and ready for submission within the next 3 weeks.
We understand that there have been changes in the 0200 eligibility criteria for these grants.
Specifically, we have a farm plan that has been signed as approved. Unfortunately, our
farming operation is not meeting this requirement. We understand also that this may now
qualify us for grant consideration. Your assistance in verifying this eligibility will be
greatly appreciated.
Please understand that the adjustments we are trying to make in our waste utilization plan
were necessitated because of changes in the State requirements. It further appears that we
will be required to make a capital outlay of $25,000-$30,000 with no increase in income.
Consequently, we desperately need your assistance.
In order to qualify for assistance, we are willing to demonstrate maximum flexibility,
Some of the questions and considerations we would like, include the following:
l . After the grant application is submitted, can we proceed with the
plan and be reimbursed at a later date?
2. If regular 0200 money is unavailable, can we qualify and/or obtain
monies from other allocations?
3. Is it possible to get additional monies from the state for this purpose
from other sources of money?
4. Can the committee work with us to project grant availability? For
example, if necessary, we could wait until next year or the year after to

Mr. Jimmy Fields
October 16, 1996
Page 2
install these improvements. Please understand that this effort may
create hardships. However, we are willing to do anything to enhance
our opportunity for assistance.
5. Can you or anyone from the state make suggestions or outline
a program that will enhance our opportunities for assistance?
We greatly appreciate the assistance and accommodations that have been received from
you and your office in the past. Moreover, we would not be actively pursuing additional
assistance if the state requirements were not becoming so stringent. Finally I would like to
point out that the economics of our operation necessitates that I provide 100% of the
labor on the farm, As you can see, there is not a great abundance of cash for non -income
producing assets.
We will be glad to meet with you and your committee or visit at the state level if you
believe these efforts would be helpful. Please advise if a formal application needs to be
completed before completion of the above plan.
Sincerely,
Edwin W. Causey

NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
P. O. Box 1587
Greenville, NC 27835
September 4, 1996
COUNTY: Craven (17-96-21) �
r
SUBJECT: Encroachment Contract - Mr. Edwin Causey �¢ .
Mr. Edwin Causey
P.O. Box 717
Ayden, N.C. 28513
Attached hereto, for your files, is a copy of the Right of Way Encroachment
Contract which has been properly executed. This contract covers the following:
Installation of approximately 60 L.F. of a 6" Irrigation Line Bored Under SR 1469
as shown on the attached plan.
APPROVED SUBJECT TO:
{ 1) Notify the District Engineer's Office in New Bern [phone] prior
to beginning and upon completion of work.
(2) Workmanship and materials to conform to D.D.T. standards and
specifications. Use of Class 200 minimum strength PVC pipe required.
(3) Contact the appropriate Utility Company(ies) involved and make
satisfactory arrangements to adjust the utilities in conflict with the
proposed work prior to construction.
(4) Any pavement or drainage structure disturbed or damaged shall be
restored to its original condition as directed by the District Engineer.
(5) Traffic Control Devices shall be in accordance with the Manual on
Uniform Traffic Control Devices and amendments or supplements
thereto. Proper traffic control devices, signs, etc. shall be installed to
insure public safety.

Page -2-
Mr. Edwin Ca usey
September 4, 1996
(6) Trenching, bore pits, and/or other excavations shall not be left open or
unsafe overnight.
(7) Fill areas/backfill material to be thoroughly compacted to 95% original
density. All trenched material shall be compacted in maximum 6"
layers by mechanical tamp or other previously approved method of
compaction. Any material removed from the trench/pit that is
contaminated or unsuitable for backfill shall be disposed of off DOT
right of way.
(8) Dress, seed and mulch all disturbed areas immediately following
installation.
(9) Proper temporary and permanent measures shall be used to control
erosion and sedimentation in accordance with all local, State and
Federal regulations.
(10) A $500 Performance Bond shall be submitted to the District Engineer's
Office in New Bern before any work begins.
(11) All roadway signs are to be replaced before the end of the same work
day.
(12) Irrigation line under all concrete and asphalt driveways, and State
maintained roads within the State right of way crossed by this
construction shall be installed per attachments #1 and #2 entitled
Special Provisions - Untrenched Construction. Any open cut in
contradiction to the above will be allowed only with written permission
from the property owner.
(13) No open cut of pavement on SR 1460 will be allowed.
(14) if this installation crosses any property other than that owned by the
encroaching party, permission from such owners is required.

Page -3-
Mr. Edwin Causey
September 4, 1996
(15) Irrigation line to be installed at a minimum depth of 36".
(16) Remain 5 foot minimum from edge of pavement to edge of bore pit.
(1 i) . Strict compliance with the Policies and Procedures for Accommodating
Utilities on Highway Rights of Way Manual shall be required.
(18) Where pipelines are installed in the right of way and are not of ferrous
material, a locating tape shall be installed with the pipeline.
(19) In cases where less than minimum bury is necessary or where bores
are greater than 6", the pipe shall be protected with a casing.
(26) The Department of Transportation does not guarantee the right of way
on these roads, nor will it be responsible for any claim for damages
brought by any property owner by reason of the installation.
Sincerely,
G. R. Shirley, Jr., P.E.
DIVISION ENGINEER
GRS,jr:WCR
Attachment
cc: Mr. J. B. Williamson, Jr., Manager of Right of Way
Mr. A. C. Everett, District Engineer
File