330032_PERMIT FILE_20171231

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., F.E., Director
October 24, 1997 -
ke
Ernest Davenport
Ernest Davenport Farm
Rt 1 Box 145
Tarboro NC 27882
Subject: Removal of Registration
Facility Number 33-32
Edgecombe County
Dear Ernest Davenport:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultry with a liquid waste system 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
_R5R
cc: Water QgVLry Regional"Office
Edgecombe Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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❑ D WC Animal Feedlot Operation Review
Q Animal Feedlot Operation Site Inspection
O'Routine O Complaint O Follomr-pe of MVQ inspection O Follow-up of DSWC review O Other r
Date of Inspection{7 G
Facility Number 11
Time of Inspection 301 24 hr. (hh:mm)
13 Registered 0 Certified 0 Applied for Permit © Permitted -ot Operational I Date bast Operated v........................
C no S i de-�l71 f7 County: r,/ -f P
Farm Name: ........... .................. l!.R l l!t - ....., .��f.?�^.. .....,...........
Owner Name: ^'� a Phone No: /� - �? 3- 1��'
:..................................................................................................I....... .....................�? ......... !:......, ..
Facility Contact: ....5 W n.,.... �.:. ....... Title: ................. Phone No:...................................................
MailingAddress:... r.......................D ........................................................ .................Z.................................... ..........................
oe-K 't , SS . t— 41. q av' nsite Representative:•........... ..�,."....................................................................... Integratnr..........................................`.....................................
......
Certified Operator:................................................................................................. Operator Certification Number.............." ....................
Location of Farm:
A
......................................................................................:.................I.................................................................................................................................''. ....
................................ ................................... :.................... .................................................................................... ............. --------- --- ........ .......................................... �
Latitude Longitude �• �r �< '
Design Current Design Current : `Design ' Current
Swine Capacity Population Poultry Capacity, Population Cattle Capactty„ Population'
❑ Wean to Feeder JE1 Layer I I ❑ Dairy
❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish Total Design Capacity',
❑ Gifts�
❑ Boars Total SSLW
Number of LagoonHolding Holding Ponds'' ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
❑ No Liquid Waste Management System
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharv-c originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed. was the conveyance man-made?
b. ]f dischare is observed, did it reach Surface ��',tter'? (lf ye,, nutit'y DWf�}
c. Ifdischarge is observed, what is the estimated flow in galitnin?
d. Dues dischar€e bypass a tag<:)on system? f li' yes, entity DWQ)
3. Is there evidence of past discharge from any part of the operation'?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design'!
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
Cl Yes 0
El Yes �] N
❑ Yes 1l No
❑ Yes �o
❑ Yes Z No
❑ Yes 21'No
o'Ye - VNo
❑ Yes
❑ Yes
❑ Yes No
Continued on back

liF�'Nils!�i�Yif�'4r'�1'^0''".�yMmLn�: L'"••i4?'•.i'd!�'C�K'„xY,�i�I.T'd,'�'R'nf'1c'F.'`,�._:�9�;"c=y;�'�"�'4+`T.���'riSS��C+%i�pi�ib'"�i�>�j�r�h�"'A�y�d'q;��PA'i�/ys'"n:"�''Ya+'rr.-...- �
r
Facility Number: — y
8. Are there lagoons or storage ponds on site which need to be properly closed? /VO Lrl� t y� S ❑ Yes 0"No
Structures {I.aLgosis.tioldinL1 Fonds, Flush Pitsetc.)
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes PTNo
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
.................................................................................................................................................................................................................
Freeboard(ft):...............................................................................................................................................
10. Is seepage observed from any of the structures? ❑ Yes t...l No
11. is erosion, or any other threats to the integrity of any of the structures observed'? ❑ Yes P No
12. Do any of the structures need maintenance/improvement? ❑ Yes 0 No
(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 adequate minimum or maximum liquid level markers? 13"Yes ❑ No
Waste Application
14. Is there physical evidence of over application? ❑ Yes ­❑ No
(If in excess of WMP, or runoff entering waters of the State. notify DWQ)
15. Crop type.............................................................................................................. �
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No
17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ❑ No
18. Does the receiving crop need improvement? ❑ Yes O'No .
19. Is there a lack of available waste application equipment? ❑ Yes 0 No/
r
20. Does facility require a follow-up visit by same agency? ❑ Yes ❑Noy
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes E[ No '
22. Does record keeping need improvement'? ❑ Yes U No
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No
24. _Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
25. W e any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No
pr Ndviolations or. deficiencies were noted during this:visit. Yodw'ill receive no further
0rr6p6ndence about this visit.
7'%c ,Q � �✓ .; I � � 2 Lt7 r�,r �,... � ,.�.. G, � ;� -� G, , .i r� �c . ! -+ .� �� r � ,�-, n.-P -j � �.��,
L � � i �1 �,,., r , ., a r--' �.,. � i •� � 1�� Yy %: ,�^� �, c�->N .Q .� l = �- � G— .� � r a .
7/25/97
Reviewer/Inspector Name,-
Reviewer/inspector Signature:_ �jtr G Date: 022
r

,.'��
Route 1, Box 145
p�NNR Tarboro, NC 27886
April 30, 1996
Mr. A. Preston Howard
Division of Environmental Management
Water Quality Section -Operations Branch
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Howard:
3 3. 3 2_
W4
RECEIVED tAAY 1996
WATER QUALITY SECTION
MAY U 2 1996 DIV OF ENViRON-AENTAI. MGT
DIRECTOR'S OFFICE
OPFRATIONC RR4r'1IrH'
V.
I have requested the Edgecombe District Conservationist assistance in developing a
closure plan for my operation. Please find enclosed a copy of a letter I received from Mr.
Whitley as to the time frame required to develop this closure plan. Steps mentioned in the letter
have been taken to assure we stay in compliance until such a closure can be developed. Waste
analysis has been taken in the event pumping should be required prior to closure.
If you have any questions, feel free to contact me and I will try to answer them.
Sincerely,
Ernest Davenaort
Enclosure

UNITED STATES Natural Resources P. Q. Box 10, 201 St. Andrew St
ft==QIWARTMENT 4F Conservation Tarboro, North Carolina 27886
AGRICULTURE Service Telephone: [phone]
April 19, 1996
Mr. Ernest Davenport
Route 1 Box 145
Tarboro NC 27886
Dear Mr. Davenport:
Re: Closure of Davenport Lagoon
Due to our heavy workload and backlog of engineering
requests for our engineer, we will not be able to develop a
closure plan for your lagoon until early June. I have
inspected the work that you did to repair the low area of
the lagoon and it was not discharging. There was ample free
board and it should be fine until we can get the plan
developed. if we should get an unusual storm event between
now and the time that the closure is completed, or if the
water level gets to within a foot of the top before that
time, then you will need to pump the lagoon out onto the
adjacent pasture. This should be completed at a rate that
will not exceed agronomic rates for the pasture (DgA soils
150 units nitrogen per acre). You should complete a waste
analysis according to the enclosed instructions as soon as,
possible so that application rates can be established. We
will need the waste analysis to complete your closure plan.
If you have further questions, please give me a call.
Sincerely,
A. B. Whitley, III
District Conservationist
Tarboro Field Office

❑ ................ ...._...... .. _ . __ ._.._.
D5,WC Animal Feedlot Operation Review
r3fWQ Animal Feedlot Operation Site Inspection
19'1toutine O Complaint O E ollcfu,-up of l)WQ inspection O Follow-up of I)S WC rc%,iew O Other
Facility Number '7� Dale of Inspection 0 G
Time of Inspection EOsr 24 hr. (hh:mm)
© Registered © Certified © Applied for Permit [l Permitted of
Farm Name: lr ti S
Owner Name: nrt e-
cr:etinr3al Date Last Operated:
County:.,[ .t*'/ G?�^:Q...Ic. ....................
tone No: ZS
Facility Contact: ......!}-�,,,,.........,.. Title Phone No:
..................................,.,................,.....................................
Mailing Address: ... 1`".,...r............ 6 �.�.....��5..........�lgr�7�?!r.0...........� �................��.��..Z........,......,.,...............,. ...,.........
nsiteRepresentative: �..............�..!.`.`e........................................................................ Integrator:.....................................................
Certified Operator;..........:..: Operator Certification Number. ............................
Location of Farm:
C
�� iii iii illl =11111111111iiME
Latitude
Design Currenti
Swine Capacity = Population
❑ Wean to Feeder
'
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Longitude �• �` 0°
.Design , Current Design Current
Poultry Capacity Population Cattle Capacity :Population n
❑ Layer I I ❑ Dairy
❑ Non -Layer ❑Non -Dairy
❑ Other
Total Design Capacity .
Total SSLW
Number of Lagoons / Holding Ponds ❑ Subsurface Drains Present
❑ No Liquid Waste Manager:
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation'?
Discharge ori-inated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made`'
b. If discharge is observed, did it reach Suiface Waier? (I1' yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? Of yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
Lagoon Area 10 Spray Field Area
System 3
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenancelimprovement?
6. is facility not in compliance with any applicable setback criteria in effect at the time of design'?
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
❑ Yes No
❑ Yes No
❑ Yes 7No
❑ Yes
Cl Yes �N
❑ Yes L!J No
❑ Yes VNo
❑ Yes
Cl Yes
❑ Yes No
Continued on back

`i
Facility Number: —
9. Are there lagoons or storage ponds on site which need to be properly closed`? /trip Lg s
11111-
Structures(Lagoons,IioldingPonds, Flush Pits�tc),IioldingPonds, Flush Pits, �
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
....................................................................................
Freeboardtft}:.....................................................................................
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. Do any of the structures need maintenance/improvement?
(If any of questions 9-I2 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ) , {
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
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...................................................................................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement'?
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily availabl ?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP'?
25. W e any additional problems noted which cause noncompliance of the Permit'?
No violations ar. derkiencies were noted, during this.visit.- .You 4ill receive no further
eoerespbndenct about this;visit:-" .
❑ Yes
❑ Yes
Structure 6
es ❑ No
❑ Yes N,
❑ Yes ❑ No
❑ Yes
❑ Yes
❑ Yes vv���
❑ Yes
❑ Yes VNo
ElYes i n'o
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
71t 22a �, f1 t r� t� w-�, a•. u� .�-L,, -F(� �s c,1,-I.7 j�.c re ram-!
F.t,�►-. v 1 d C.w� � �� a Y-,�. aA�S . p'h q h. d&1e4O taw Oa'r11 Jr.
7/25/97
Reviewer/Inspector Name '
Reviewer/Inspector Signature: may y��/�'' Date: 101 6d17"?

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Ernest Davenport
Ernest Davenport Farm
Rt 1 Box 145
Tarboro NC 27882
Aria
HN �ER
November 13, 1996
SUBJECT: Operator In Charge Designation
Facility: Ernest Davenport Farm
Facility ID#: 33-32
Edgecombe County
Dear Mr. Davenport:
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: Raleigh Regional Office
Water Quality Files
P.O. Box 27687, NC W 4.
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
Raleigh Regional Office
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
EDEHNFZ
DIVISION OF WATER QUALITY
August 20, 1996
Mr. Ernest G. Davenport
Route 1, Box 145
Tarboro, North Carolina 27886
Subject: Compliance Evaluation Inspection
Abandoned Swine Operation
North Carolina Highway 122
Edgecombe County
Dear Mr. Davenport:
On August 6, 1996, Mr. Eric Fleek from the Raleigh Regional Office
conducted a compliance inspection of the subject animal facility. This inspection
is part of the Division's efforts to determine potential problems associated with
liquid waste disposal systems.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facilities. The Division of Water Quality is
required to enforce water quality regulations in order to protect the natural
resources of the State. Accordingly, illegal discharges of wastewater to surface
waters of the State are subject to the assessment of civil penalties and may also
result in the loss of deemed permitted status, requiring immediate submission of
a waste management plan.
The inspector noted that this facility has made significant improvements
as the lagoon dam had been repaired and the freeboard level was maintained at or
above the minimum level. During the inspection, discussion centered around
leaving the lagoon in tact, having a contracted land-applier keep the freeboard
levels maintained, and stocking the lagoon with catfish. As the NCDA Agronomic
lab results indicate, the water in the lagoon is essentially harmless.
However, as was agreed upon during joint meetings with the Division of
Water Quality (DWQ), the Natural Resources Conservation Service (NRCS), and the
N.C. Agricultural Cooperative Extension, abandoned swine lagoons must be pumped
down to the extent that the sludge accumulated at 'the bottom can be removed and
land applied correctly. After this step, it would be appropriate to allow this
lagoon to serve as a fish pond. In addition, NRCS regulations require the
installation of an emergency spillway IF the height of the lagoon embankment is
greater than 3 feet. If this is the case for your lagoon, the need for contracted
land application would not be necessary. Please consult with the NRCS for more
details regarding the requirements for obtaining certification for fish ponds.
As discussed during the inspection, please provide this office with a copy
of the land application agreement (contract) as soon as it is completed. Of
course, this agreement will not be required IF the MRCS requires an emergency
spillway. -'
3800 Barrett Drive, Suite 101, NOVAX 919-571-4718
Raleigh, North Carolina.27609 �An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 500k recycled/10% post -consumer paper

k
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
e��
EDF.=HNF;Z
DIVISION OF WATER QUALITY
August 23, 1996
Mr. Ernest G. Davenport
Route 1, Box 145
Tarboro, North Carolina 27886
Subject: Compliance Evaluation Inspection
Abandoned Swine Operation
North Carolina Highway 122
Facility No. 33-32
Edgecombe County
Dear Mr. Davenport:
On August 6, 1996, Mr. Eric Fleek from the Raleigh Regional Office
conducted a compliance inspection of the subject animal facility. This inspection
is part of the Division's efforts to determine potential problems associated with
liquid waste disposal systems.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facilities. The Division of Water Quality is
required to enforce water quality regulations in order to protect the natural
resources of the State. Accordingly, illegal discharges of wastewater to surface
waters of the State are subject to the assessment of civil penalties and may also
result in the loss of deemed permitted status, requiring immediate submission of
a waste management plan.
The inspector noted that this facility has made significant improvements
as the lagoon dam had been repaired and the freeboard level was maintained at or
above the minimum level. During the inspection, discussion centered around
leaving the lagoon in tact, having a contracted land-applier keep the freeboard
levels maintained,'and stocking the lagoon with catfish. As the NCDA Agronomic
lab results indicate, the water in the lagoon is essentially harmless.
However, as was agreed upon during joint meetings with the Division of
Water Quality (DWQ), the Natural Resources Conservation Service (NRCS), and the
N.C. Agricultural Cooperative Extension, abandoned swine lagoons must be pumped
down to the extent that the sludge accumulated at the bottom can be removed and
land applied at agronomic rates. After this step, it would be appropriate to
allow this lagoon to serve as a fish pond. In addition, NRCS regulations require
the installation of an emergency spillway IF the height of the lagoon embankment
is greater than 3 feet. If this is the case for your lagoon, the need for
contracted land application would not be necessary and you will not need to
provide a copy of the land -application contract to this office as was discussed
during the inspection. Please consult with the NRCS for more details regarding
the requirements for obtaining certification for fish ponds.
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, Borth Carolina 27609 N%1W C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/10% post -consumer paper

Ernest Davenport
Compliance Evaluation Inspection
Page 2
The Division of water Quality thanks you for your assistance with this
matter. If you have any questions, please contact Mr. Eric Fleek or Mrs. Judy
Garrett at [phone].
Sincerely
(:;
dy G rrett
Regional Supervisor
CC: Edgecombe County Soil and Water Conservation District
Edgecombe County Health Department
Mr. Steve Bennett-N.C. Division of Soil and Water Conservation

Route 1, Box 145
Tarboro, NC 27886
August 12, 1996 11 LAUFG131996 '
d
of N'NR RAtrjGf f
North Carolina Department of Environment, Health, & Natural Resources
3800 Barrett Drive, Suite 101
Raleigh, North Carolina 27609
TO WHOM IT MAY CONCERN:
After the inspection of my facilities by Mr. Eric D. Fleck, Environmental Technician
with DEHNR, and Mr. A. B. Whitley, Edgecombe County District Conservationist, on August
6, 1996, I was advised that closure of my facility could be completed provided proper freeboard
levels were maintained and dam walls- were properly maintained to prevent erosion. Pumping
of the holding pond when necessary will be executed by Mr. Gary Whitehurst, Route 1, Box
221, Hobgood, NC 27843, if there are any deviations as advised from the above stated
guidelines.
I am to be notified by the North Carolina Department of Environmental, Health, and
Natural Resources as to the course of action required.
Sincerely,
Ernest Davenport

Facility Number:---A-d
'General Information:
Farm Name:
Owner Ndme:
On Sitc Representative
Mailing Address:
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date:'- �{
Time:
i r
Physical Address/Location:
0-4
nty:
ne No: a 3 �-
Latitude: _ rmil Lon itode: I 1
Qneration Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow Q Layer U Dairy
Cl Nursery 0 Non -Layer U Beef
C] feeder A n , rF-
OtherType of Livestock: [l! tuber of Animals:
Number of Lagoons; (include in the Drawings and (ibservations the freeboard of each'lagoon)
Facility Inspection:
.lagoon
Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: YA No Q
Is seepage observed from the lagoon?: Yes ❑ NoA
Is erosion observed?: Yes d No
Is any discharge observed? Yes ❑ No
❑ Man-made 0 Not Man-made
Cover Crop
Does the facility need more acreage for spraying?: GG1 l i Yes Ca
Does the cover crop need improvement?: UQt ye!',
{ list the crops which need improvement)
Crop type: N Acreage:
Setback Criteria
Is a dwelling -located within 200 feet of waste application?
Is a well located within 100 feet of waste application?
Is animal'waste stockpiled within 100 feet of USGS Blue Line Stream?
Is animal waste land applied or spray irrigated within 25 feet of Blue `
A01-- January 17,1996

Maintenance
Does the facility maintenance need improvement?
Is there evidence -of past discharge from any part of the operation?
Does record keeping need improvement?
Did the facility fail to have a copy of the Animal Waste Management Plan on site?
rExplain any, Yes answers: `�` �! �[J /Q,V, C'1„jcwy , 1a(l�,) r
t
Signature
cc. Facility Assessment Unit
Drawings or Observations:
.jo,�:,L
p(r
1 "y
J'
AOI -- January 17,1996
S
Yes ❑
No k
Yes
No ❑
Yes ❑
No
Yes ❑
No
1.
Date: (g /0 � � (a
Use Attachments if Needed

ro
49
Route 1, Box 14 F ?
- } � �
�� �/ Tarboro, NC 27886 % d�
April 30, 1996
Mr. A. Preston Howard�i
Division of Environmental Management '.
Water Quality Section -Operations Branch yy RECEIVED QoatiTy sEcrloN PdAY 199h
Post Office Box 29535
Raleigh, North Carolina 27626-0535 MAY U 1 1996 DIV OF EWIROI•lP1 ENTAI. MGT
DIRECTOR'S OFFICE
Dear Mr. Howard: OPt QATIONc PPANrH.
I have requested the Edgecombe District Conservationist assistance in developing a
closure plan for my operation. Please find enclosed a copy of a letter I received from Mr.
Whitley as to the time frame required to develop this closure plan. Steps mentioned in the letter
have been taken to assure we stay in compliance until such a closure can be developed. Waste
analysis has been taken in the event pumping should be required prior to closure.
If you have any questions, feel free to contact me and I will try to answer them.
Enclosure
Sincerely,
Ernest Davenport
MAY 2 1996
WATER

r'
rUNITED STATES
DEPARTMENT OF
AGRICULTURE
Natural Resources
Conservation
Service
P. 0. Box 10, 201 St. Andrew St,
Tarboro, North Carolina 27886
Telephone: [phone]
April 19, 1996
Mr. Ernest Davenport
Route 1 Box 145
Tarboro NC 27886
Dear Mr. Davenport:
Re: Closure of Davenport Lagoon
Due to our heavy workload and backlog of engineering
requests for our engineer, we will not be able to develop a
closure plan for your lagoon until early June. I have
inspected the work that you did to repair the low area of
the lagoon and it was not discharging. There was ample free
board and it should be fine until we can get the plan
developed. If we should get an unusual storm event between
now and the time that the closure is completed, or if the
water level gets to within a foot of the top before that
time, then you will need to pump the lagoon out onto the
adjacent pasture. This should be completed at a rate that
will not exceed agronomic rates for the pasture (DgA soils
150 units nitrogen per acre). You should complete a waste
analysis according to the enclosed instructions as soon as
possible so that application rates can be established. We
will need the waste analysis to complete your closure plan.
If you have further questions, please give me a call.
Sincerely,
LAD f�L�
A. B. Whitley, III
District Conservationist
Tarboro Field Office

DIVISION OF ENVIRONMENTAL MANAGEMENT
RALEIGH REGIONAL OFFICE
November 13, 1995
M E M O R A N D U M
To: Dianne Williams Wilburn
Supervisor, Facility,Assessment Unit
Through: Kenneth Schuster, P. E.
Regional Supervisor
From: Judy Garrett`
Regional Water Quality Supervisor
Prepared By: -'Eric Fleek
Environmental Technician
Subject: Notice of Violation
Loss of Deemed Permitted Status
Mr. Ernest Davenport
Edgecombe County
Please find attached a letter for signature concerning the above
referenced abandoned swine facility. This facility was visited by
DEM and NRCS staff on August 23, 1995, and was found to be
managed in a grossly deficient manner ultimately conducive to the
discharge of wastewater to surface waters of the State.
If you have any questions concerning this facility please contact
Eric Fleek at the Raleigh regional Office.

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional -Office
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ernest G . Davenport
Route 1, Box 145
Tarboro, North Carolina 27886
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
Abandoned Swine Operation
Facility # 33-32
Edgecombe County
Dear Mr. Davenport:
You are hereby notified that the aforementioned animal facility, which has been deemed
permitted to have a nondischarge permit for an animal waste disposal system pursuant to
15A NCAC 2H .0217, has been found to be in violation of its 2H .0217 Permit. Pursuant
to North Carolina General Statute 143-215.1(b)(4)c, 15A NCAC 2H .0213 and 15A NCAC
2H .0217(d).
On August 23, 1995, Mr. Eric Fleek from the Raleigh Regional Office conducted a
compliance inspection of the subject animal facility. During the inspection, it was noted
that your lagoon had dangerously insufficient freeboard, as low as 4 inches in some
areas. This problem must receive immediate attention in order to prevent further
discharges or a lagoon breach. Properly managed lagoons should have at least 19 inches
of freeboard in your area. Furthermore, there was evidence of past discharges from
the lagoon via a manmade conveyance (ditch) cut into your lagoon dike. These past
discharges have killed many large trees (approximately 10 inches or more in diameter)
directly behind the ditch) .
Within 60 days from your receipt of this letter, the Division of Environmental
Management intends to revoke Ernest G . Davenport's permit unless the following
conditions are completed:
1. Increase the freeboard level of your lagoon to at least 19 inches.
2. Make any modifications needed to ensure there will be no future discharges (i.e.
maintain adequate freeboard levels and repair the ditch in the lagoon dike) .
3. Send in an approved animal waste management plan and have the attached
certification form completed. This form and a copy of your plan must be returned to:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
3800 Barrett Drive, Suite 101, Raleigh, !North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Ernest G . Davenport
Notice of Violation
Page 2
Failure to comply with the above conditions will cause the existing wastewater treatment
system serving your animal operation to be considered being operated without a permit
as required by North Carolina General Statute 143-215.1.
The facility may be deemed to have a permit following revocation if the former permittee
makes such a request in writing and the previously stated conditions are met to the full
satisfaction of the Director.
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land in an environmentally acceptable
manner. To assist you in the development of this plan and to provide the required
certification that the plan is acceptable, you should contact your local agricultural
agencies such as the Soil and Water Conservation District, the USDA Natural Resource
Conservation Service, or the North Carolina Cooperative Extension Service.
If we have not received the requested animal waste management plan and certification
within 60 days of receipt of this letter or if there are additional discharges to the
surface water, a civil penalty of up to $10, 000 may be assessed and you must apply for
an individual non discharge permit from the Division. Please find attached a permit
application which must be completed and returned if you wish to apply for an individual
non discharge permit. This permit, if issued, will contain monitoring and reporting
requirements determined to be necessary by the Division. This letter does not prevent
the Division of Environmental Management from taking enforcement actions for this
violation or any past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either
Kenneth Schuster, P . E . , Water Quality Regional Supervisor at the Raleigh Regional
Office at (919)-571-4700 or Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc, Regional Supervisor
Edgecombe County Soil and Water Conservation District
Edgecombe County Health Department
Mr. Steve Bennett - N.C. Division of Soil and Water Conservation
Compliance/ Enforcement File

Inspection Form for Animal Operations
1. Inspection Date: August 23, 1995
2. Regional Office: RRO
3. Name of owner of property: Mr. Ernest Davenport
Current Address: Ernest Davenport
Route 1, Box 145
Tarboro, North Carolina 27886
4. Name of operator: Mr. Ernest Davenport
5. Description of facility location: North Carolina Highway 122,
near Tarboro, N.C.
6. Date facility began operation: Unknown, abandoned for
approximately 2 years.
7. Date of last inspection: Unknown
8. Has facility registered with DEM: Yes
9. Does facility have approved animal waste plan: No
10. Has facility received a CAFO designation: No
11. Operation type: Swine
12. Number of animals: None, currently abandoned
13. Length of confinement: Year Round
14. Are crops or pasture sustained in normal growing season over
any portion of the facility? Yes
15. Types of waste management: containment structure, solids
collectors, pipes and associated apertures and lagoon.
16. Description of other animal operations in immediate vicinity:
None
17. Proximity of facility to neighboring houses, wells, etc.:
Approximately 150 yards_
18. Groundwater depth: Unknown
19. Proximity of facility to surface waters: Unknown

Inspection Form For Animal Operations
Page 2
20. Was an Animal Waste Discharge occurring during the
inspection? No.
21. Are pollutants discharged into waters of the State?
No.
22. Was the subject discharge caused by a 25yr./24hr. storm
event: No.

'
JUL-14-1995 15:2e FROM DEM WATER QUALITY SECTION TO FeFO P , 03/02-
Site Requires immediate A"tcn6on-
Facility No.
r•} DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: , 1995
Time:
Farm Name/Owner r", r
Mailing Address: O I'0 a
County: _ i CT(UNI------- _
Integrator. __ - - Phone:
On Site Re -presentative: Phone: _
_.
Physical .Address/Location:
Type of Operation: Swine Poultry Cattle
Design Capacity: Number of A.nimais on Site: ^ �` C!.�or
DEM Cen fication Number: ACE DEM Certification Number: ACNEW
Latitude: '1 Y' ' •2'% Longitude: - �" Elevation: Feet,
Circle Yes or No
Does the Animal Waste -Lagoon have suZN-o)
freeboard of 1 Fooz + 25 year 24 hour storm event
(,appro�cimately I Foot + 7 inches) Yes Ac ua . Freeboard: Wit. Inches
Was any seepage observed froth the lag' n(s)? Yes o No as any erosion observed? Yes or 30
Is adequate land available for spray' Y or No Is the cover crop adequate? es r No
Crop(s) being utilized:
Does the facility meet SCS n?>; mum setback criteria'? 200 Feet from DweIIin YES or 330
100 Feet from Wells? Yes or No
�e animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or I¢i�
sni.mal waste Iand applied or spray irrigated within 25 Feet of a USGS Map Blue Line'? Yes or 1` o
'�• animaI waste discharged into waters of Oe state by man-made ditch, flushing syscom, or other
5ir.-:i1,ar man-made devices? Dle
6rWemafiage-MCIIE
If Yes, Please Expiain.
'a,..cs Oic facility maintain adequate wa.Tecords (volumes of manure, land applied.
spray irrigated on specific acreage with cover crop):? Yes r "l/
Additional CYrximems: _ �' �?} P' - 1r _ 'f � -eQ�.5
? _ , C .
.; `.. X :.I.6 � W i92fa tl.Lre
r
cc: Facility Assessuxnt Unit ` Use Attachments if Needed
TCJTPL F • O2.

This photo depicts the size that some of these trees had attained
prior to being killed by the chronic discharge of wastewater.
These trees are located directly behind the ditch cut in the
lagoon dike.
Y
r
This ph(
to the lagoon.
relation
qt
L

-ram
� .\ •.. - .��_"`,.`�.
JI
�

Mate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Harch 7, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. ERNEST G. DAVENPORT
ROUTE 1 BOX 145
TARBORO, NC 27886
Subject: Notice of Violation # 96-014
Notice of Intent to Revoke Deemed Permit
Farm Number 33-032
,-Edgecorritie County --
Dear Mr. Davenport:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H .0217 Permit.
On August 15, 1995, staff from the Raleigh Regional Office conducted a compliance inspection at
the above referenced facility. During this inspection it was noted that your lagoon had only 4
inches of freeboard. Furthermore, there was evidence of past discharges from the lagoon via a
manmade ditch cut into your lagoon dike. These past discharges have killed several large trees
directly behind the ditch.
In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty
(60) days following your receipt of this letter, the Division of Environmental Management intends
to revoke your permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Submit an approved animal waste management plan and have the attached certification form
completed. One copy of the plan must be sent to your local Soil and Water Conservation
District. The certification form and two (2) copies of your plan must be returned to -the address
below:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation
without a permit as required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you will collect, store, treat and
land apply your animal waste m an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, you
should contact your local agricultural agencies such as the Soil and Water Conservation District,
the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension
Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water
Conservation Commission.
If we have not received the requested animal waste management plan and certification within 60
days of receipt of this letter or if there are additional discharges to the surface water a civil penalty
of up to $10,000 may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropriate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Judy
Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at [phone] or
Mr. Shannon Langley at [phone], ext. 581.
Z
,
L;l . I \
A. Preston Howard, Jr.,�.E.
ATTACHMENTS
cc: Regional- Water Quality Supervisor- w
Edgecombe County Soil and Water Conservation District
Steve Bennett - Regional Coordinator; NC DSWC--Raleigh
Compliance/Enforcement File
Edgecombe County Health Department

' October 4, 1995
OCR 191g�5 ''
Ernest Davenport
Rt. 1, Box 145
Tarboro, NC 27886
N.C. Department of Environmental Health and Natural Resources
PO Box 27687
Raleigh, NC 27611-7687
Dear Sir:
In reference to your letter dated September 7, 1995 concerning my swine operation, I
have never dug a ditch or any other type of manmade conveyance into my swine lagoon
dike. I have no knowledge of the lagoon discharging animal waste into the woodland
that joins the lagoon. The only trees that have died are four larger trees that were
growing adjacent to the lagoon dike.
I have not operated this swine facility in over a year and do not have plans to repopulate
in the future. I have raised the lagoon dike 24 inches and it has been seeded with
ryegrass. I have had visits and consultations from the District Conservationist from the
Edgecombe Soil Conservation Service as to the proper steps needed to meet the
requirements of a waste management plan. These steps are being addressed. I have had
visits and consultations from the Edgecombe County Cooperative Extension Service
concerning waste management. I feel the steps have been taken to meet your
requirements.
Sincerely,
Ernest G. Davenport

M2�SS .._.. -.Re ct Na: WO1W<mntc 3ivso4©O Reed Road Raei ,NC 27607; 64bS 99 733
Grower.• .Davenport, Ernest Copies To: County Fattension Director
Rt. 1 Box 145 USDA-NRCS-Edgecombe
Tarboro, NC 27886
- County Ext. Dir. - Edgecombe
Anaiysis Re-hort
as to Farm: Courier Box #07-51-09
TarboroNC 27886
5/ 3/96 JS :'�3� �-V RC ti UQ Edgecombe County
.� ,�,y,,a..�,..
lOLnf�%
-f ,: �:���� .r�'�.-. -� :: .�., ag�sa:.� F��.� - �, Yew �- ;;, .��.�,.
rntillion uWess aWerwise notedM IR �.� ., �� q MUM �� '� t� � � �� `
laborato_ Results ..._� ) x ! V: - rl
k M-,
DM% N P K Ca Mg S Fe Mn Zn Cu E Mo Cl Na Ni Cd Pb
M
14.0 40.2 163 99.8 44.7 24A 2.77 0.28 0.81 0.19 0.36 85.4
Paste Code:
Nutrients Available for First Crop 1bs/1000 goons
Other Elements lbs11000 allons
LIS
Applwalion Method N P205 F20 Ca Mg S Fe - Mn Zn Cu 8 MO Cl
Na Ni Cd Pb
Description:
Irrigation 0.05 0.54 1.3 0.58 0.26 0.14 0.02 T 0.01 T T
0.71
wine Lagoon Li .
.3 :;. rn: �y� . '_. ytG z'.r i`„-d' .,�b,C p tia"s4F - '�S ON
£ :i�' �E _ S 77y'aI' E .#;�5e iij.,'hS.. $$ gjf 'i.,�S�{�i �'_.... SSA,§.. C•. ='��vz�? r`,33.'i -. Autrpm
33's g!?" '.. '"2"Z' i+E.%pdp'�a"� "_� !"I :Ur, b `� a: s:eC F" 7.Y3 "'i � q "1 i!- _VIFv
R
W ble for thefirst crop are baked on esttmaicsdaf rninera3t7ation rate and projected lvssfor the appllcation;metttndtt'lisfed:-Conceni-at#ons oaf iinc�and other mu�'aa5t5 excessive tThe:wasleep odtict
w�£aA`t�s.
�amSS��'.�i:"SR B
cause oducttoy n or,envtronmental. roblem. it utiwe aeoordiri to recommended ract►ces Monitor anti-entE A ltotrld not: pr F 8 P buildup wttlt an'annual so�E test where the waste is routinely aFFlred. 1'woauld applythe,v,*aste
grates tte i to su nitrogen Far.."p production ,n ,1; tail
K: iT A

3�13�Q 1'dNQ1Q3i� KQI�ltl2� tiNri3�1
October 4, 1995
Ernest Davenport
Rt. 1, Box 145
Tarboro, NC 27886
N.C. Department of Environmental Health and Natural Resources
PO Box 27687
Raleigh, NC 27611-7687
Dear Sir:
In reference to your letter dated September 7, 1995 concerning my swine operation, I
have never dug a ditch or any other type of manmade conveyance into my swine lagoon
dike. I have no knowledge of the lagoon discharging animal waste into the woodland
that joins the lagoon. The only trees that have died are four larger trees that were
growing adjacent to the lagoon dike.
I have not operated this swine facility in over a year and do not have plans to repopulate
in the future. I have raised the lagoon dike 24 inches and it has been seeded with
ryegrass. I have had visits and consultations from the District Conservationist from the
Edgecombe Soil Conservation Seryice as to the proper steps needed to meet the
requirements of a waste management plan. These steps are being addressed. I have had
visits and consultations from the Edgecombe County Cooperative Extension Service
concerning waste management. I feel the steps have been taken to meet your
requirements.
Sincerely.
is
Ernest G. Davenport

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes. Secretary
Boyce A. Hudson, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 3, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ernest G. Davenport
Route 1, Box 145
Tarboro, North Carolina 27886
Subject: NOTICE OF VIOLATION
Abandoned Swine Operation
North Carolina Highway 122
Edgecombe County
Dear Mr. Davenport:
On August 23, 1995, Mr. Eric Fleek from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
facility. This inspection is part of the Division's efforts to
determine potential problems associated with liquid waste disposal
systems.
During the site visit, Mr. Fleek noted that your lagoon had
insufficient freeboard, as little as 4 inches in some areas. This
problem must receive immediate attention in order to prevent
further discharges or a lagoon breach. Properly managed lagoons
should have at least 19 inches of freeboard in your area.
In addition, Mr. Fleek found evidence of past discharges from
the lagoon via a manmade conveyance (ditch) cut into your lagoon
dike. These past discharges have killed many large trees
(approximately 10 inches or more in diameter) directly behind the
ditch.
The above mentioned manmade conveyance is in violation of
North Carolina General Statute 143-215 (e) which states:
143-215 (e) "Except as required by federal law or regulations,
the Commission may not adopt effluent standards or limitations
applicable to animal and poultry feeding operations.
Notwithstanding the foregoing, where manmade pipes, ditches, or
other conveyances have been constructed for the purpose of
willfully discharging pollutants to the waters of the State, the
Secretary shall have the authority to assess fines and penalties
not to exceed five thousand dollars ($5000.00) for the first
offense. The definitions and provisions of 40 Code, of Federal
Regulations 122.23 (July 1, 1990 edition) shall apply to this subsection."
38W Barrett Drive, Suite 101, Raleigh. !North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

Ernest G. Davenport
Notice of Violation
Page 2.
This office is issuing you a Notice of Violation regarding
this matter and will require you to immediately repair the ditch.
Furthermore, this office will recommend to the Director that the
subject animal facility lose its Deemed Permitted Status which will
require the immediate development of a certified waste management
plan.
You must respond, in writing, to this Notice of Violation no
later than October 23, 1995. You should specifically explain how
you have repaired the manmade conveyance, how long it has been in
place, and why it is in place. Despite the fact that your your
operation is currently abandoned, you are still required to manage
the lagoon -properly and should therefore include information
regarding your current waste management practices (type of.
equipment, acreage available to apply wastewater, cover crop,
frequency of waste application, etc.).
Please carefully address each of the aforementioned issues in
your response. Thank you for your assistance with this matter -and
if you have any questions, please contact Mr. Eric Fleek or Ms.
Judy Garrett at [phone].
Sincerely,
K neth Schuster, P. E.
Regional Supervisor
/ds
H:\davennov
CC: Edgecombe County Soil and Water Conservation District
Edgecombe County Health Department
Mr. Steve Bennett-N.C. Division of Soil and Water Conservation
RRO-File Copy
Central Office -Water Oualitv

1
-1
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Boyce A. Hudson, Regional Manager
CERTIFIED MAIL
I a
�EHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 7, 1995
RETURN RECEIPT REQUESTED
Mr. Ernest G. Davenport
Route 1, Box 145
Tarboro, North Carolina 2781,36
i
Subject: NOTICE OF VIOLATION
Abandoned Swine Operation
North Carolina Highway 122
Edgecombe County
Dear Mr. Davenport:
On August 23, 1995, Mr. Eric Fleek from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
facility. This inspection is part of the Division's efforts to
determine potential problems associated with liquid waste disposal
systems.
During the site visit, Mr. Fleek noted that your lagoon had
insufficient freeboard, as little as 4 inches in some areas. This
problem must receive immediate attention in order to prevent
further discharges or a lagoon breach. Properly managed lagoons
should have at least 19 inches of freeboard in your area.
In addition, Mr. Fleek found evidence of past discharges from
the lagoon via a manmade conveyance (ditch) cut into your lagoon
dike. These past discharges have killed many large trees
(approximately 10 inches or more in diameter) directly behind the
ditch.
The above mentioned manmade conveyance is in violation of
North Carolina General Statute 143-215 (e) which states:
143-215 (e) "Except as required by federal law or regulations,
the Commission may not adopt effluent standards or limitations
applicable to animal and poultry feeding operations.
Notwithstanding the foregoing, where manmade pipes, ditches, or
other conveyances have been constructed for the purpose of
willfully discharging pollutants to the waters of the State, the
Secretary shall have the authority to assess fines and penalties
not to exceed five thousand dollars ($5000.00) for the first
offense. The definitions and provisions of 40 Code of Federal
Regulations 122.23 (July 1, 1990 edition) shall apply to this subsection."
3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

�* r
Ernest G. Davenport
Notice of Violation
Page 2
This office is issuing you a Notice of Violation regarding
this matter and will require you to immediately repair the ditch.
Furthermore,'this office will recommend to the Director that the
subject animal facility lose its Deemed Permitted Status which will
require the immediate development of a certified waste management
plan.
You must respond, in writing, to this Notice of Violation no
later than September 18, 1995. You should specifically explain how
you have repaired the manmade conveyance, how long it has been in
place, and why it is in place. Despite the fact that this operation
is for the time -being abandoned, you are still required to manage
the lagoon properly and should therefore include information
regarding your current waste management practices (type of
equipment, acreage available to apply wastewater, cover crop,
frequency of waste application, etc.).
Please carefully address each of the aforementioned issues in
your response. Thank you for your assistance with this matter and
if you have any questions, please contact Mr. Eric Fleek or Ms.
Judy Garrett at [phone].
Sincerely,
Kenneth Schuster, P. E.
Regional Supervisor
/ds
H:\davennov
CC: Edgecombe County Soil and Water Conservation District
Edgecombe County Health Department
Mr. Steve Bennett-N.C. Division of Soil and Water Conservation
RRO-File Copy
Central Office -Water Quality

JL'L-14-1995 15:26 FROM DEM WATER QUALITY SECTION TO
RF'O F - 22/02
Site Requires Immediate Arlen ion"
Facility No.
�1 DIVISION OF ENVIRONMENTAL MANAGEMENT
�` lJ ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: , 1995
Farm Na
Mailing
County:
Integrator.
On Site Representative:
Physical Addressll_ocatiton:
V\,
Phone:
Phone:
Type of Operation: Swine Poultry Cattle 4
Design Capacity: Number of Animals on Site: 1� U �l •
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude:'' Longitude:sElevation: Feet,
Circle Yes or No
Does the Animal WasEe Lagoon have stiff freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes No Ac�u Freeboard: _Ft. � Inches
Was any seepage observed from the lag n(s)? Yes o No as any erosion observed? Yes or Fo
Is adequate land available for spray' Ye or No .Is the cover crop adequate? es -No
Crop(s) being utilized:
,.L
Does the facility meet SCS ttnmumsetback criteria_? 200 Feet from Dwellin _ Y or No
100 Feet from Wells? Ye or No 5
he animal waste stockpilers within 100 Feet of USGS Blue Line Stream? Yes or CO {
xdrnal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or `CJ
' animal way-te discharged into wate:ot estate by Haan -made ditch, flushing system, or other
Sir^i;a* man-made de -vices? / e r 1 li Yes. Please Explain.
`�res tic .r tGility maintain adequate was a nttagerncntxecords (volumes of rzianure,.ian.d applied
spray i.m,gated on specific acrea e with c�jover crop):' Yes r ^V n r
Additional ruments: e , ' fin% %Z.2Q� rj r`
r C' ol I
�; t
.. �. z..: Signature
cc: FacilityAssessment Unit r� U t chm i � Use A t3 ents f Needed..
TOTAL. P.02 ,