710069_ENFORCEMENT_20171231

NUH I H CAHOLINA
Department of Environmental Qual

WATER & LAND SECTION Fax:[phone]
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nI"I"OI(N .Y GL-"NL'RAL
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To:
May 3 '01 10 : 43 P. 01
State of North Carolina
Department of Justice
F. 0. BOX 629
RA IfF:IGI-I
27602-Ij629
FAX TRANSMISSION
ENVIRONMENTAL DIVISION
� I g-7 I C-B88a
Fax: 9 1 9-7 1 "766
ATrORNEY-CLIENT PRIVILEGED DOCUMENT
AND ATTORNEY WORK PRODUCT
NOT A PUBLIC RECORD PURSUANT TO N.C. GEN.- STAT_ § 1 32-1 . 1
URGENT PLEASE DELIVER UPON RECEIPT
Tommy Stevens, Dir - DWQ
Rick Shiver, RRO
Stonewall Mathis, WiRO
Greer McVicker, WiRO
Date: May 3, 2001
.1c:
Fax #: Programmed Pages: 2 including this cover sheet
i[ rom: Maty Dee Carraway/ Janet Leach
i+ubject: Charles S. Wooten, Jr., Farm #71-69
j WQDV 00-057, 01 ERR 0566
i
CIO'NWENTS:
I
Please take notice of the attached information in the above referenced matter. If you
13.ve any questions, please contact me. Thank you.
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WATER & LAND SECTION Fax:[phone]
May 3 '01 10:43
P. 02
State of North Carolina
t
RQv Department of Justice
ATTORNI Y c,!✓NERAL P. (). BOX 029
' RALEIGH
27602-0629
MEMORANDUM
io: Tommy Stevens, Director of Water Quality
k *Rick Shiver, Wilmington Water Quality Regional Supervisor
l
Stonewall Mathis, Environmental Engineer
Reply to:
Diary Dce Caraway
Eavironme=d Division
Tel: [phone]
Fax; [phone]
Greer McVicker, Environmental Engineer
f,,'ROM: Mary Dee Carraway, Assistant Attorney General
iiATE: May 2, 2001
FtE: Civil Penalty Assessment Appeal by Charles S. Wooten, Jr., Farm # 71-69,
Pender County, WQDV 00-057, 01-EHR-0566.-
Please note that I have been assigned to handle the above referenced contested case. I will
need to begin preparing our case as soon as possible. Please review the important dates listed
b'i:low and place the hearing date on your calendar as you have.been listed as a witness in this
c.:tse.
April 2, 2001 Prehearing Statements and Document Constituting Agency
Action due to be filed with OAH. I have a copy of the
enforcement file including black:& white pictures. Please make
the original pictures available in the event this case goes to trial.
.Tune 30, 2001 Discovery must be sent to Pctitioner to give us enough time to
receive answers prior to hearing.
August 13, 2001 Hearing is set in Wilmington, NC with Sammie Cress, Jr.,
Administrative Law Judge presiding. PLEASE. NOTE, you have
been listed as witnesses. If for any reason, the witness list should
be different, Please call immediatelv.
j. If you have any questions or comments regarding this case, please call me at.-
(G19) 716-6967.
* [NOT INCLUDED ON THE WITNESS LIST

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Charles S. Wooten, Jr.
Bear Ridge Farm
2850 NC Highway 50
Maple Hill, NC 28454
Dear Mr. Wooten:
RECEIVE
MAR 2 1 Z001
BY:
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND Ko URAL RESOURCES
March 16, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 71-69
Pender County
File No. DV 00-057
This letter transmits notice of a civil penalty assessed against Bear Ridge Farm in the
amount of $5,803.65 which includes $803.65 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal OpportunhylAfirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr.state.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of --
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including adetailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within jhLrty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: QNve , Wilmington Regional Supervisor w/ attachments
Stonewall Mathis, WIRO w/ attachments
File # DV 00-057 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO. DV 00-057
Having been assessed civil penalties totaling _ $5,803.65 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, March 16 2001 , the undersigned, desiring to seek remission
of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF PENDER
File No. DV 00-057
IN THE MATTER OF )
CHARLES S. WOOTEN, JR. )
}
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF ) CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Charles S_ Wooten, Jr. owns and operates Bear Ridge Farm, a swine operation
located along NC Highway 50 in Pender County.
B. Charles S. Wooten, Jr. was issued Certificate of Coverage AWS710069 under
General Permit AWG100000 for Bear Ridge Farm on May 29, 1998, effective
May 29, 1998, with an expiration date of December 31, 2001. This permit does
not allow the discharge of waste to waters of the State.
C. On April 13, 2000, DWQ staff observed a discharge of wastewater by Bear Ridge
Farm from a sprayfield via a ditch to Angola Creek, which are Class C Sw waters
of the State within the Cape Fear River Basin.
D. Charles S. Wooten, Jr. had no valid permit for the above -described activity.
E. DWQ staff estimated the volume of the discharge at greater than 1,000 gallons.
Mr. Wooten did not issue a press release regarding the discharge.
F. The cost to the State of the enforcement procedures in this matter totaled $803.65.

0
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Charles S. Wooten, Jr. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. I43-212(4).
B. Angola Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Charles S. Wooten, Jr. violated G.S. 143-215.10C(h)(1) by failing to issue a press
release for a discharge of 1,000 gallons or more of animal waste.
E. Charles S_ Wooten, Jr. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty.of not more than ten
thousand dollars (S 10,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
F. Charles S. Wooten, Jr. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten
thousand dollars (SI0,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-215,
G. The State's enforcement costs in this matter may be assessed against Charles S.
Wooten, Jr. pursuant to G.S. 143-215.3(a)(9) and G_S. 143B-282. I (b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Accordingly, Charles S_ Wooten, Jr. is hereby assessed a civil penalty of:
$51 o for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.

$-,000 for violating G.S. 143-215. IOC(h)(1) by failing to issue a
press release for a discharge of 1,000 gallons or more of
animal waste
$ 5, 0 0 o TOTAL CIVIL PENALTY, which is 3o percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 803.65 Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.14313-282.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 water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was conunitted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

v
�,
MAY Q 7 2001
State of North Carolina
BY:
ROY COOPER Depariilieni of Justice
Reply to:
.A:i-TORNE=Y GENERAL P. O. Box 629
Mary Der Caraway,
RALEIGH
Environmental Division
2—,602-0629
Tel: [phone]
Fax: [phone]
MEMORANDUM
TO: Tommy Stevens, Director of Water Quality
*Rick Shiver, Wilmington Water Quality Regional Supervisor
Stonewall Mathis, Environmental Engineer
Greer McVicker, Environmental Engineer
FROM: Mary Dee Carraway, Assistant Attorney General
DATE: May 2, 2001
RE: Civil Penalty Assessment Appeal by Charles S. Wooten, Jr., Farm # 71-69,
Pender County, WQDV 00-057, 01-EHR-0566
Please note that I have been assigned to handle the above referenced contested case. I will
need to begin preparing our case as soon as possible. Please review the important dates listed
below and place the hearing date on your calendar as you have been listed as a witness in this
case.
April 2, 2001 Prehearing Statements and Document Constituting Agency
Action due to be filed with OAH. I have a copy of the
enforcement file including black & white pictures. Please make
the original pictures available in the event this case goes to trial.
June 30, 2001 Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing.
August 13, 2001 Hearing is set in Wilmington, NC with Sammie Chess, Jr.,
Administrative Law Judge presiding. PLEASE NOTE, you have
been listed as witnesses. If for any reason, the witness list should
be different, please call immediately.
If you have any questions or comments regarding this case, please call me at:
[phone].
* NOT INCLUDED ON THE WITNESS LIST

` RiF,IVED
MAY 0 7 2001
STATE OF NORTH CAROLINA BY: IN THE OFFICE OF
COUNTY OF PENDER
CHARLES S. WOOTEN, JR.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
ADMINISTRATIVE HEARINGS
01 EHR 0566
RESPONDENT'S PREHEARING
STATEMENT
NOW COMES the Respondent in this contested case, and enters the following
PREHEARING statement.
1. Issues, statutes, rules, legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or
jurisdiction, acted erroneously, acted arbitrarily and capriciously, or failed to act as required by
law or rule in assessing a civil penalty in the amount of $5,000.00 plus $803.65 in investigative
costs, against Charles S. Wooten, Jr. [hereinafter, Petitioner].
B. Statutes, Rules, Legal Precedents: This contested case involves violations of N. C.
Gen. Stat. § 143-215.1 with a penalty assessment based on the requirements of N.C. Gen. Stat. §
143-215.6A, and the factors set forth in N.C. Gen. Stat. § 143B-282.I(b).
r?V"'

2. Statement of facts and reasons supporting Respondent's position:
The facts and reasons supporting Respondent's position are those set forth in the civil
penalty assessment document. A copy of the "Findings and Decision and Assessment of Civil
Penalties" (Attachment A) is attached hereto, incorporated herein, and submitted herewith as the
document constituting the agency action which prompted the contested case petition filing.
3. The following is a list of the Respondent's proposed witnesses:
1. Kerr T. Stevens, Director of Division of Water Quality
2. Stonewall Mathis, Environmental Specialist
3. Greer McVicker, Environmental Engineer
4, Other DWQ employees related to this case.
5. All of Petitioner's witnesses.
Respondent reserves the right to modify this witness list.
4. Respondent wishes to pursue discovery in accordance with the schedule established by
the Scheduling Order.
5. Location of hearing: Respondent does not object to the hearing location of
Wilmington, North Carolina as set forth in the Scheduling Order.
6. The length of this hearing is expected to be one day.
7. All motions, pleadings and orders should be served on Respondent by mail or delivery
to the undersigned counsel.
2

8. Respondent's counsel has three other cases scheduled in Fayetteville the week of
August 13, 2001 and will not be available for this hearing during that week.
This the 2nd day of May, 2001.
ROY COOPER
Attorney General
By: Mary Dee Carraway
Assistant Attorney General
State Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

CERTIFICATION OF SERVICE
The undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearing Statement on the Attorney for the Petitioner by
depositing a copy in the United Sates Mail, first class postage prepaid, addressed as follows:
Richard L. Burrows
BURROWS & HALL
Post Office Box 816
Wallace, NC 28466
This the 2nd day of May, 2001.
ROY COOPER
Attorney General
By /
Mary D. Carraway
Assistant Attorney Gral
State - Bar No. 198
71
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

State of North Carolina
Department of Environment
and Natural Resources
Division of Wafer Quality
Michael F. Easley. Governor
William G. Ross Jr.. Secretan'
Kerr T. Stevens, Director
Mx. Charles S. Wooten, Jr.
Bear Ridge Farm
2850 NC Highway 50
Maple Hill., NC 28454
Dear Mr. Wooten:
1O�
iLFff;q,j
4 • .
NCDENR
ENV1RC>NM£Kf AND NAr4JFAL RESDUR4rS
March 16, 2001
CERTIFIED MAID
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
-MakinE an Outlet to eaters of the
State without a Permit
Farm n 71-69
Pender County
File No_ DV 00-057
This letter transmits notice of a civil penalty assessed against Bear Ridge Farm in the
amount of 55.803.65 winch includes S803.65 in investigative costs. Attached is a copy of the
assessment document explaining this penaiTy.
This action was taken tinder the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Naru,-al Resources. Any continuing violation(s)
may be the subject of a new enforcement action. including an additional penalty.
VA, itbin thirty days of receipt of this notice. you must do one of the following:
1. Summit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and -Natural Resources (do nor include ivaiverform)_
Payment of the >eenalry will not foreclose ft rther-nforcement action for
any continuing or new viOIL ation(s).
Mailing Address_ Telephone [phone] Locarion:
1617 Mail SCrkice Canter ra:: (919) 7=3-0059 612 X. Salisbun, St.
Raleizh, Noah Caroun2 27699-1617 State Cott:ier =5=-01-01 Raieinn. INC _7699-1617
An Equal Oppor:unin /A1�rrniarive Acrion Employer
30"r re:VCled/]07rpos,-consumer_Daver
hrp://r.=o. enr_srat�.rtc.us

Please submit payment to the attention of:
Mr. Steve Lewis
N CDENR ,
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission or mitigation including a detailed
justification for such request;
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request 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 that there are no factual or le4al issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.I (b)
were wrongfully applied to the detriment of the petitioner:
(b) the violator promptly abated continuing environmental damage resulting
from the violation:
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDF—N-R
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit 2 written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chanter
1 5DB of the North Carolina General Statutes. You must rile vour original petition
with the:

Office of Administrative Hearinzs
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
MND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirt days, as evidenced by a date
sta_rap (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with'a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions; please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTA CILMEI TS
cc: Rick Shiver, Vrilmington Regional S upervisor w/ attachments
Stonewall Mathis, IArIRO w/ attachments
SMI:W DA-1d57 w/ attachmenrs
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL NLA NTAGEMENT
CON vUSSION
COUNTY OF PEN -DER
1:N THE MATTER OF ASSESSNIEN'T ) WAIVER OF RIGHT TO AN
OF CiV1L PENALTIES AGAINST } ADNIINISTRATIVE HEARING AN'D
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DV 00-057
Having been assessed civil penalties totaling S5.803.65 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, March I 6. 2001 _ , the undersigned, desiring to seek remission
of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of
ADDRESS
TELEPHONE
SIGNATURE
2001.

STATE OF NORTH CAROLiNA
COU 7Y OF PEN'DER
1N. THE MATTER OF
CHA.RLES S. WOOTEN, JR.
FOR MAKNG AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
W=Oli F A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENi IRONI�SNT AND
NATURAL RESOURCES
File No. DV 00-057
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to oelegatian provided by the Secretary of the Department of
Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
1. FLNDLNGS OF FACT:
A_ Charles S. Wooten, Jr. owns and operates Bear Ridge Farm, a swine operation
located alon; NC Ibgbway 50 in Pender County.
B. Charles S. Wooten, Jr. was issued Certificate -of Coverage AWS710069 under
General Permit AWG100000 for Bear Ridge Farm on May 29, 1998, effective
May 29, 1998, with an expiration slate of December 31, 2001. This perrair does
not allow the discharge of waste to waters of the State.
C. On April 13, 2000, DWQ staff observed a discharge of wastewater by Bear Ridge
Farm from a sprayfield via a ditch to Angola Creek, which are Class C Sw waters
of the State within the Cape Fear River Basin.
D. Charles S. Wooten, Jr. had no valid permit for the above -described activity.
E. DWQ staff estimated the volume of the discharge at greater than 1,000 gallons.
Mr. Wooten did not issue a press release regarding the discharge.
F. The cost to the State of the enforcement procedures in this matter totaled 5803.65.

Based upon the above Findings of Fact, I make the following:
E. CONCLUSIONS OF LAW: .
A. Charles S. Wooten, Jr. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G_S. I43-212(4).
B. An=ola Creek constitutes waters of the State within the meaning of G.S. I43-
215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(I ), for which a permit is required by G.S. 143-
215.1.
D. Charles S. Wooten, Jr_ violated G.S_ 143-215.1OC(h)(1) by failing to issue a press
release for a discharge of 1,000 gallons or more of animal waste.
E. -Charles S. Wooten, Jr. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars (510,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S - 143-215.1.
F. Charles S. Wooten, Jr. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(1),'which provides that a civil penalty of not more than ten
thousand dollars (510,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-215.
G. The States enforcement costs in this matter may be assessed against Charles S.
Wooten, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon 'the above Findings of Fact and Conclusions of Law, I make the following:
ZII. DECISION:
Accordingly. Charles S. Wooten. Jr. is herebv assessed a civil penalty of:
for making an outlet to the waters of the State without a
permit as required by G.S. 1-: 3-215.1.

M
S coa
$803.65
for violating G.S. 143-215. 10C(h)(I) by failing to issue a
press release for a discharge of 1,000 gallons or more of
animal waste
TOTAL C1NIL PENALTY, which is 3o percent of
the maximum penalty authorized by G_S. 143-2I5.6A.
Enforcement costs
TOTAL AMOUA'T DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the darnage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionaby;
(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) Kerr T. Stevens, Director
Division of Water Quality

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
.Tames B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
August 31., 2000
MEMORANDUM
,..
�f
I Tk
NCDENRNORTH ENVIRONMENT AND NATURAL RESOURCES
TO: Coleen Sullins, Water Quality Section Chief
THROUGH: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
FROM: Stonewall Mathis, Environmental Engineer I, Wilmington Regional Ofn
SUBJECT: Enforcement Report
Charles S. Wooten, Jr.
Bear Ridge Farm
Permit No. AWS710069
Pender County
Attached please find the subject enforcement report which was prepared by Mr. Brian
Wrenn of the Wilmington Regional Office. The report concludes that Charles S. Wooten, Jr.
violated his Animal Waste Permit Number AWS710069, pursuant to G.S. 143-215.1, by failing
to properly operate land application equipment and making an outlet to waters of the State. Mr.
Wooten also violated G.S. 143-215.1 OC(h)(1) by failing to issue a press release for a discharge of
1,000 gallons or more.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS
143-215.6A (a)(2).
If you have any further questions, please contact me at 910-395-3900, ext. 203.
ATTACHMENTS
cc: ilrnin - n egAMR
I27 worth Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
CHARLES S. WOOTEN, JR.
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTES 143-215.1(a)(1) and
143.215.1 C(6)(1)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
File No. DV
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Kerr T. Stevens,
Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Charles S. Wooten, Jr. owns and operates Bear Ridge Farm located on NC Hwy.
50 in Pender County.
B. On April 13, 2000, DWQ staff from the Wilmington Regional Office inspected
the facility. Excessive ponding of animal waste was observed in the spray field in
pull #4. Runoff of animal waste had occurred and had discharged from the spray
field through a storm water diversion and into an adjacent ditch. The ditch feeds
into Angola Creek which is Class "C-Swamp" waters of the State.in the Cape
Fear River Basin.
C. Charles S. Wooten, Jr. had no valid permit for the above noted discharges of
wastewater.
D. DWQ staff estimated the volume of the discharge to be greater than 1,000 gallons,
and instructed Mr. Wooten to follow the appropriate notification procedures. Mr.
Wooten did not issue a press release for a discharge of 1,000 gallons or more.
E. The costs to the State of the enforcement procedures in this matter totaled
$803.65.

Based upon the above Findings of Fact, I make the following:
Il. CONCLUSIONS OF LAW:
A. Charles S. Wooten, Jr. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. I43-212(4).
B. Angola Creek is classified as "C-Swamp" waters, located in the Cape Fear River
Basin, and constitutes waters of the State within the meaning of G.S. 143-
215.1(a)(1) pursuant G.S. 143-212(6).
C. The above cited discharge that was discovered on April 13, 2000 constitutes
making an outlet to waters of the state for purposes of G.S. 143-215.1(a)(1), for
which a permit is required by G.S. 143-215.1.
D. Charles S. Wooten, Jr. violated NCGS 143-215.10C(h)(1.) by failing to issue a
press release for a 1,000 gallon or more discharge of animal waste.
E. Charles S. Wooten, Jr. may be assessed civil penalties pursuant to G. S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars per violation may be assessed against a person who is required
but fails to apply for or to secure a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Charles S.
Wooten, Jr. pursuant to G.S.143-215.3(a)(9) and G.S. 143B-282.1 (b)(8).
G. Pursuant to N.C. G.S.143-215.6A, the Secretary. of the Department of
Environment and Natural Resources has the authority to issue civil penalties in
this matter. The Secretary has delegated this authority to the Director of DWQ
pursuant to N.C. G.S.143B-10.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
Accordingly, Charles S. Wooten, Jr. is hereby assessed a civil penalty of:
$ for making an outlet to waters of the State without a permit
as required by G.S. 143-215.1.
$ for failing to issue a press release for a discharge of 1,000
gallon or more of animal waste as required by NCGS .143-
215.10C(h)(1).
$ TOTAL CIVIL PENALTY, which is _ percent of
$ 803.65 Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) 'The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date)
t-
„.
Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF )
CHARLES S. WOOTEN, JR. }
}
FOR VIOLATIONS OF )
ANIMAL WASTE PERMIT }
AWS710069 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Charles S. Wooten, Jr. owns and operates Bear Ridge Farm located on NC Hwy.
50 in Pender County.
B. Charles S. Wooten, Jr. was issued Animal Waste Permit AWS710069 on May 29,
1998 with an expiration date of December 31, 2001 for the operation of the Bear
Ridge Farm.
C. Part Il.(l) of the issued permit states that the collection, treatment and storage
facilities, and land application equipment and sites shall be properly maintained
and operated at all times.
D. On April 13, 2000, DWQ staff from the Wilmington Regional Office inspected
the facility. Excessive ponding was observed in the spray field in pull #4. Runoff
of animal waste had occurred and had discharged from the spray field through a
storm water diversion into an adjacent ditch.
E. The costs to the State of the enforcement procedures in this matter totaled
$100.00.
Based upon the above Findings of Fact, I make the following:

11. CONCLUSIONS OF LAW:
A. Charles S. Wooten, Jr. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212.4.
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Charles S. Wooten, Jr. violated Part II.(1) by improperly operating the land
application equipment.
D. Charles S. Wooten, Jr. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Charles S.
Wooten, Jr. pursuant to G.S. 1-43-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. - The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Charles S. Wooten, Jr. is hereby assessed a civil penalty of.
$ for violating Part IL(1) of Permit Number AWS710069 by
improperly operating the land application equipment.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 100.00
Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty i considered the
factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
�^ (Date)
Kerr T. Stevens, Director
Division of Water Quality

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: Charles S. Wooten
Contact Person: Same
Address: 2850 NC Hwy. 50, Maple Hill, NC 28454
Facility Name: Bear Ridge Farm
Facility #: 71-69
Permit #: AWS710069
Receiving Stream and Classification: Angola Creek, Class "C-Swamp" waters of the State,
Cape Fear River Basin
Regional Office: Wilmington
Inspector / Report Prepared By: Brian Wrenn
Registered Agent: (if applicable)
Address: (if applicable)
Case Narrative: On April 13, 2000, Mr. Stonewall Mathis and Ms. Greer McVicker of the
Wilmington Regional Office of the Division of Water Quality inspected the referenced facility.
Excessive ponding of animal waste was observed in the spray field in pull #4. Runoff of animal
waste had occurred and had discharged from the spray field through a storm water diversion into
an adjacent ditch that feeds Angola Creek. Angola Creek is class "C-Swamp" waters of the State
in the Cape Fear River Basin. Mr. Wooten applied waste on 5.76 acres in pull #4 on April 11,
2000 from 8:50 am to 12:00 pm. Mr. Wooten indicated that he observed -the waste application
from the location of the reel but did not walk down to where the gun was spraying. Mr. Wooten
said he did not observe any ponding or runoff on April 11, 2000. On April 13, 2000, Mr. Mathis
and Ms_ McVicker observed the ponding in the spray field and discovered that waste runoff had
occurred and discharged into the adjacent ditch. Mr. Mathis followed the ditch to where it
entered Angola Creek. Water quality samples were taken at the ponded area in the spray field,
at the point where the waste entered the ditch, at a point downstream of where the ditch entered
Angola Creek, and at a point upstream of where the ditch entered into Angola Creek. Mr. Mathis
advised Mr. Wooten to contain and collect the waste and reapply it to the spray field. On April
14, 2000, Mr. Mathis returned to the Bear Ridge Farm to monitor clean-up procedures. Mr.
Wooten and Mr. Kevin Weston of Murphy Farms, Inc. were on site. Mr. Wooten said that 0.3
inches of rain had fallen since April 11, 2000. Mr. Mathis took water quality samples where the
waste entered the ditch and at a point just upstream from where the ditch entered Angola Creek.
Mr. Mathis estimated that the volume of waste discharged to waters of the State was greater than
1,000 gallons and requested that Mr. Wooten follow the proper notification procedures. Mr.
Wooten did not comply with the proper notification requirements.

Farm and/or Company Compliance History: Include a copy of CAFO Designation letters,
previous NOV=s, NOD=s,_previous civil assessments, etc. - The referenced facility was issued a Notice of Deficiency on rune 20, 1997 for erosion on the
lagoon dike wall. A civil penalty was assessed on October 31, 1997 for failure to designate an
Operator in Charge.
Amount of Waste Discharged (If applicably. If amount cannot be estimated, what is the
rate of flow reaching surface water:
It is difficult to estimate the volume of the discharge -Mr. Wooten applied waste for 190 minutes
on April 13, 2000 at 191 gallons per minute for a total of 36,290 gallons. Mr. Mathis estimated
that the volume of the discharge was greater than 1,000 gallons.
Sample Results f applicable) with locations of samples taken noted in relation to
discharge paint:
The results from the two sets of samples taken on April 13, 2000 and April 14, 2000 at the Bear
Ridge Farm are as follows (see attachments):
April 13, 2000
Field
Ditch
Fecal Coliform
220,000 col./100ml
310,000 col./100ml
Ammonia Nitrogen,
217 mg/l
455 mg/l
NH3-N
TKN
256 mg/l
560 mg/l
NO3 + NO2
1.12 mg/l
1.08 mg/I
Total P
33.4 mg/l
32.8 mg/1
April 14, 2000
Ditch
Ditch 2
Fecal Coliform
1,180,000 col./100m1
5,300 co1J100m1
Ammonia Nitrogen,
490 mg/l
46.9 mg/l
NH3-N
TKN
532 mg/l
52.5 mg/l
NO3 + NO2
1.28 mg/1
0.14 mg/l
Total P
48.0 mg/l
1.81 mg/1
Violator's deLrree of cooneration (includinL- efforts to prevent or restore) recalcitrance:
On April 13, 2000, Mr. Mathis advised Mr. Wooten to contain and collect the animal waste. On
April 14, 2000, Mr. Mathis returned to the farm at 11:10 am. Mr. Wooten had not begun the
clean-up procedures requested by Mr. Mathis the previous day. Mr. Wooten indicated that he
had been loading hogs at another farm all morning. Mr. Wooten began clean-up procedures as
Mr. Mathis left -the site. Mr. Wooten did not comply with the proper notification procedures.
Fish kill observed? Y/N_ If yes, include report_ from WRC:
No fish kill was observed at the time of the inspection.

Mitigating Circumstances:
None.
Recommendation:
The Wilmington Regional Office of the Division of Water Quality is recommending assessment
of a civil penalty to the Director of the Division of Water Quality, pursuant to G.S. 143-215..6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and
site sketch of waste flow if waste is discharged -to surface waters. Also include violator's
response to Notice of Recommendation for enforcement. If citing certified plan or permit
condition violations, include copies ofpermit or plan.
Assessment Factors required to be considered by G. S. 143B-282.1(b):
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:
Water Quality samples taken downstream of the discharge point in the ditch leading to
Angola Creek displayed fecal coliform bacteria levels of up to 1,180,000. colonies per 100
ml. This represents levels of 5,900 times the assigned stream standard. Levels of other
constituents found were as follows:
April 13, 2000
Field Ditch .
Ammonia Nitrogen, NH3-N 217 mg/l 455 mg/i
TKN 256 mg/1 560 mg/l
NO3 + NO2 1.12 mg/1 1.08 mg/1
Total P 33.4 mg/1 32.8 mg/1
April 14, 2000
Ditch
Ditch 2
Ammonia Nitrogen, NH3-N 490 mg/l
46.9 mg/1
TKN 532 mg/l
.52.5 mg/l
NO3 + NO2 1.28 mg/l
0.14 mg/I
Total P 48.0 mg/l
1.81 mg/1
2. The duration and gravity of the violation:
The application event occurred from 8:50 am to 12:00 pm on Tuesday, April 11, 2000. The
ponding, runoff, and discharge were not discovered until approximately 6:00 pm on
Thursday, April 13, 2000. The discharge was not blocked until approximately 12:00 pm on
Friday, April 14, 2000. Over 1,000 gallons of animal waste discharged to a ditch that feeds
Angola Creek in the Cape Fear River Basin. The discharge was a result of poor land
application operations and could easily have been avoided with the proper precautions. Mr.
Wooten was advised on April 14, 2000 to submit a press release to the appropriate news
stations within 48 hours. Mr. Wooten did not follow the notification procedures.

3. The effect on ground or surface water quantity or quality:
The effects to groundwater and air were not documented. Water quality was impacted as
determined by water quality analysis.
4. The cost of rectifying the damage:
The cost to rectify the environmental damage cannot be easily estimated. The surface waters of
Angola Creek are classified as CIass "C-Swamp" waters of the State. Animal waste discharged
into a receiving stream will degrade water quality due to very high levels of pathogens (IE. fecal
coliform bacteria), ammonia, nutrients and other dissolved oxygen reducing constituents.
5. The amount of money saved by noncompliance:
The amount -of money saved by noncompliance is not known.
6. Whether the violation was committed willfully or intentionally:
In the opinion of the inspector, the discharge was not willful or intentional, but did show a lack
of proper management that is required when applying animal waste. Mr. Wooten willfully did
not issue a press release to the appropriate news stations for the discharge.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
The referenced facility was issued a Notice of Deficiency on June 20, 1997 for erosion on the
lagoon dike wall. A civil penalty was assessed on October 31, 1997 for failure to designate an
Operator in Charge.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $903.65, as follows:
Mathis, 10 hours @ $20.93
$209.30
McVicker 4 hours @ $14.77
$59.08
Wrenn, 4 hours @ $19.20 per hour
$76.80
Mileage 170 miles @ $0.31 per mile
$52.70
Photography (film & Development)
$13.77
Laboratory costs
$392.00
Administrative costs
$100.00

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens. Director
-- - July 5, 2000
CERT rl FD MAIL - : 0c70 0600 0023 4229 8421
RETURN RECEIPT REQUESTED
Mr. Charles S. Wooten, Jr.
Bear Ridge Farm
2850 NC Hwy 50
Maple Kill, NC 28454
Dear Mr. Wooten:
1'r
1 is •
NCDENR
ENVIRONMElYT AMC) NAWURA- RESOLfRCES
Subject: Notice of Violation & Recommendation for Enforcement
Bear Ridge Farm
Facility Number: 71-69
Pender County
This letter is to notify Mr. Charles S. Wooten, Jr., who holds Certificate of Coverage
AWS710069 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina
General Statute 143-215.1, of violations of the General Permit.
On April 13, 2000, Mr. Stonewall Mathis and Ms. Greer McVicker of the Wilmington
regiorul OfEce of tl.t:DIvIsior, of IV?.ter 1<uali:y 0eifrniied an-inEpeGd0n at. tlzei:D 6& Ridge I+ann.
Dur:ng the in:-pectio.,-4 it -was discovered that animal waste had disel ged fi-orn the land
application system into a ditch that drains to Angola Creek. Angola Creek is a tributary to the
Northeast Cape Fear River and is classified as (C-swamp) waters of the State. Ponding of animal
waste was also observed in the sprayfield.
-•---.._...�..:.�...r.,T1us�s�.;r.1�]asio�t�fPartl_.Ye�ife��.nces:.,�,tlards Secdoi��l.�rftixe-.��e�era:-?ernrt - _ _.._._...
which rPquii es -that the.ar `::1=vvQ,ntQ m2r)agement'sysv m be e$'ect:vely maintai_-Ied and operated
as anon -discharge system to prevent -the discharge of pollutants to surface waters, wetlands, or
ditches. This is also -a violation of Part I. Performance Standards, Section 2 of the General Permit
which incorporates the Certified Animal Waste Management Plan (CAWMP) into the General
Permit and specifies that any violation of the CAWMP shall be considered a violation of the
General Permit; the CAWMP requires that animal waste not be discharged into surface waters,
drainageways, or wetlands by discharge or by overspraying, that animal waste be applied such that
runoff does not occur, and that no ponding should occur. This is also a violation of Part II.
Operation and Maintenance Requiiernents, Section I of the General Permit which requires that
the land application equipment and fields be properly operated. This is also a violation of Part
II(4) of the General Permit which requires that runoff shall not result during any given application.
You are also in violation ofPart Ill. Monitoring and Reporting Requirements,
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone 9I0-395-3900 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

-
Mr. Charles S. Wooten, 3r.
July 5, 2000
Page Two
Section 6 of the General Permit for failure to report by telephone to the Wilmington Regional
Office this overapplication of animal waste in excess of the limits set out in the CAWMP and for
failure to file a written report to the DWQ Regional Office outlining this occurrence and
corrective actions addressing this occurrence within 5 days_
Please submit a Plan of Action which addresses the noted violations. The Plan of Action
should include:
i) A. list of any and all actions taken to correct the noted violations. Please include any
rrritigation efforts.
2) A list of any and all modifications that have been and will be implemented to prevent
future violations along with a timetable for completion of the modifications.
The written Plan of Action must be submitted to this office within ten days of receipt of this
notice.
Please be advised that this office is considering recommending assessment of civil penalties
to the Director of the Division of Water Quality for the above noted violations. These violations
may result in civil penalties of up to $I0,000 per violation in accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
investigation in accordance with North Carolina General Statute 143-215.3(a)(9). If you have an
explanation for these violations that you wish to present, please submit your written response
along with the Plan of Action. Your response will be forwarded to the Director along with the
enforcement package for his consideration.
.3 -
Be advised that if the above violations are not corrected, the Division of Water Quality
may take further action including assessment of additional civil penalties, injunctive relied and
permit revccatior..
If you have any questions concerning this matter, please do not hesitate to call Mr.
Stonewall Mathis at 910-395•-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 exit. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Jason Turner, Pender County Soil and Water Conservation
Harry Lewis, Pender County Health Department
Kevin Weston, Murphy Farms
Central Files
Wilmington Files
S:IWQSIANMALr.S1PENDER12000171-69novrfe

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Charles S. Wooten. Jr.
Bear Ridge Farm
A S710069
Pender County
Not to scale
Sar•.p re P�.
Reel and Spray
Gun Ponded Area
Spray Meld
Houses and Lagoon

State of North Carolina
Department of Environme=BY
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
May 29,1998
Charles S. Wooten, Jr.
Bear Ridge Farm
270 Old Maple Hill Rd.
Maple Hill, NC 28454
vs
1 • •
Emma
NCDENR
-
ENviRONMENT AND NA MRAL RESOURCES
Subject: Certificate of Coverage No. AWS710069
Bear Ridge Farm
Swine Waste Collection; Treatment,
Storage and Application System
Pender County
Dear Charles S. Wooten, Jr.:
In accordance with your application received on April 24, 1998, we are forwarding this
Certificate of Coverage (COC) issued to Charles Wooten, Jr., authorizing the operation of the subject
animal waste collection, treatment, storage .and land application system in accordance with General
Permit AWG100000. This approval shall consist of the operation of this system including, but not
limited to, the management of animal waste from the Bear Ridge Farm, located in Fender County, with
an animal capacity of no greater than 3672 Feeder to Finish and the application to land as specified in the
Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until December 31, 2001. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of
wastes to surface waters. An- adequate system for collecting and maintaining the required monitoring
data and operational information must be established -for this farm. .Any increase in waste production
greater .than the certified design capacity or increase .in .number of stocked animals above the -number
authorized by this COC will require a modification to the CAWMP and this COC-and shall be completed
prior to actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General
Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS
.143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request'shall be made within 30 days of notification by the Division.
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

Certificate of Coverage AWS710069
Bear Ridge Farm
Page 2
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Reponal Office. The Regional Office Water
Quality Staff may be reached at [phone]. - If you need additional information concerning this
COC or the General Permit, please contact J R Joshi at [phone] ext. 363.
Sincerely, Z
[, 1,
2,L
A. Preston Howard, Jr., -PE.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Depamnent
Wilmington Regional Office, Water Quality Section
Pender County Soil and Water Conservation District
Permit File

NORTH CAROLINA
ENVIRONIIZENTAL MANAGEMENT COMMISSION
4' DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
SWINE WASTE OPERATION GENERAL PERMIT
This permit shall- be effective from the date of issuance until December 31' 2001. Holders of
Certificates of Coverage under this permit shall comply with the following specified conditions and
limitations:
1. PERFQRMANrE STANDARDS
The animal waste collection, treatment, storage and transmission system permitted under
this permit shall be effectively maintained and operated as a non -discharge systerr. to
prevent the discharge of pollutants to surface waters, wetlands, or ditches. Facilities which
are in compliance with their Certified Animal Waste Management Plan (CAWMP) and this
permit, which unintentionally discharge as a result of a storm event greater than the 25
year, 24 hour storm, will not be considered to be in violation of this permit.
2. The CAWMP is hereby incorporated by reference into this general permit. New or
expanding farms are required to be certified prior to the stocking of animals. The CAWMP
CP
must be consistent with all applicable statutes, rules and standards in effect at the time of
siting, design and certification of the facility. Any violation of the CAWMP shall be -
considered a violation of this general permit and subject to enforcement actions. Such a
violation may require the Perminee to cease applying animal waste to the site and to take
=1' any immediate and long term corrective actions as may be required by the Division of Water
Quality (DW Q). j
3. This facility may -not be expanded unless the CAWMP is first modified and recertified by a
technical specialist to.reflect this expansion. Additional animals may not be stocked until all
applicable parts of the CAWMP Have been recertified. A copy of the complete modified
CAWMP and the new certification must be submitted to the local Soil and Water
Conservation District Office and to the DWQ.
4. A copy of this Certificate of Coverage (COC), General Permit, certification forms, lessee
and landowner agreements, and the CAWMP.shall be maintained at the farm (stored at
places. such as the .farm residence, office, outbuildings, etc.) where .animal waste
management activities are being conducted for the life of this permit. 'These documents
shall be kept in good condition and records shall .be maintained in an orderly fashion.
5. For all new and expanding operations, no collection or storage facilities may be constructed
which could be inundated by a 100 year flood. In addition to protection from inundation,
the facility shall be designed in order to minimize potential harm to or within the floodplain.
II. OPERATION AND ^,MAINTENANCE REQMREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and sites
shall be properly maintained and operated at all times.
2. A suitable vegetative cover shall be maintained on all land application sites and buffers in
accordance with the CAWMP. No waste may be applied upon fields not approved by or
prepared in accordance with the CAWMP.

3. An acceptable pH of the soil shall be maintained on all land application sites to insure
optimum yield for the crop(s) being grown.
4. The Plant Available Nitrogen application rates -and hydraulic loading rates, identified in the
CAWMP, shall not be exceeded.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
within 30 days prior to or during the planting of the crop or at any time during the growing
season, or in the case of fruit bearing trees, 30 days prior to breaking dormancy.
Application of animal wastes shall not occur within 30 days of the harvesting of fiber and
food crops for direct human consumption that undergo further processing. If waste is to be
applied on bare soil, the waste shall be incorporated into the soil within twenty-four (24)
hours after application on the land. "
5. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and transmission system.
Washdown of stock trailers, owned by and used to transport animals from this farm.only,
will be permissible as long as system design accommodates the additional flow and as long
as only. those detergents and disinfectants are utilized which are labeled by the manufacturer
as readily biodegradable.
7. Disposal. of dead animals shall'be done in accordance with the North Carolina Department
of Agriculture (NCDA) Veterinary Division's regulations and the CAWMP.
8. Grazing animals on an application site shall be controlled in accordance with Natural
Resources Conserva6on.Service (MRCS) Standards.
9. All uncontaminated stormwater runoff from the surrounding property and buildings shall
be diverted away from the animal waste lagoons and storage ponds to prevent any
unnecessary addition to the liquid volume in the structures.
10. A protective vegetative cover shall 'be established on all disturbed areas (lagoon
embankments, berms, pipe runs, erosion control areas, etc.) Emerging vegetation such as
trees, shrubs, and other woody species shall not be allowed to grow on the lagoon dikes or
sideslopes. Lagoon areas should be kept mowed and accessible.
11. Disposal of the sludge shall be in accordance with the CAWMP. When removal of sludge
from.the lagoon is necessary, provisions must be taken to prevent damage_ to lagoon dikes
and liners.
12. Solid materials including, but not limited to, bottles, light bulbs, gloves,.syringes or any
other solid waste from the animal waste operation shall be prevented from entering the
treatrnentlstorage lagoon and shall be disposed of properly.
13. The facility must have at all times (a) adequate animal waste application and handling
equipment on site, (b) a lease for the use of the necessary equipment, (cl a contract with a
thud parry applicator capable of providing adequate waste application, or (d) a contract for
the purchase of the equipment. In all cases, the equipment and any contractor must be
capable of land applying the waste on the sites specified in the CAWMP in compliance with
both the agronomic and hydraulic loading rates for the sites.
2

III. MONITORING AND REPORTING REQUIREMENTS
l . Waste collection, treatment, storage and transmission structures (i.e. piping, pumps, reels,
etc.), under the control of the owner/operator shall be inspected weekly. Lagoon berms,
storage ponds, and structures should be inspected for evidence of erosion, leakage, animal.
damage or discharge. A written chronological record of maintenance and repairs shall be
maintained on the farm and be made readily available during a scheduled inspection of the
farm. These records shall also be made available at the request of the Division. All repairs
shall be approved by a technical specialist prior to initiation and completed promptly. If a
piece of equipment is being replaced with a piece of equipment of the identical
specifications, no technical specialist approval is necessary [i.e. piping, reels, valves,
pumps. (if the GPM capacity is not being increased or decreased), etc.]. Any major
structural repairs (to lagoons or waste storage ponds) shall have the approval of a technical
specialist.
2. If not already installed at this facility, a level gauge shall be installed within 60 days of
issuance of the COC under this general permit to monitor waste levels. This gauge shall
have readily visible permanent markings indicating the maximum lagoon levels at which
pump -out must begin, end of pump -out, and freeboard elevations_ Where storage ponds
are utilized, only a gauge with visible permanent markings indicating the pump -out begin
and freeboard elevations need be installed. Caution must be taken not to damage the
integrity of the liner when installing the gauge. Waste lagoon and storage pond levels s:uU
be recorded weekly on forms supplied by the DWQ.
3. A representative Standard Soil Fertility Analysis shall be conducted annually on each
application site receiving animal waste. The results of these tests shall be maintained on file
by the Permittee for a minimum of three years and shall be made available. to the DWQ
upon request.
4. An analysis of the liquid animal waste from the lagoon shall be conducted initially after
issuance of the COC :and thereafter as close to the time of each waste application as
practical. This test shall be conducted as close to the time -of application as practical and at
least within 60 days Ibefore or after) of the date of application. This analysis shall include
the -following parameters -
Nitrogen Zinc
Phosphorous Copper
pH
5. Proper records, including maintenance, repair and irrigation records, shall be maintained on
site.and in chronological and legible form for a minimum of three years by the Permittee.
These records shall be maintained on forms.provided by the DWQ and shall be readily
available for inspection.

6. Regional Notification:
The Permittee shall report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the occurrence of
any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to surface waters.
b . Any failure of the animal waste treatment and disposal program that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or sludge.
c. Spillage or discharge from a vehicle or piping system transporting animal waste or
sludge to the application sites which results in, or may result in, a discharge to surface
waters.
d. Any deterioration or leak in a lagoon -system or storage pond that poses an immediate
threat to the enviroamenL
e. Failure to maintain adequate storage capacity in a lagoon or storage pond that poses an
immediate threat to public health or the environment.
f. Overspraying animal waste either in excess of the limits set out in the CAWMP or
.where runoff -enters waters of the State_
g _ -Any discharge that bypasses a lagoon system or storage pond.
For any emergency which requires immediate reporting after normal
business hours, please contact the Division of Emergency Management at
1-800-858-0368.
The pern-i1ttee shall also file a written report of the occurrence in letter form within 5 days
following first knowledge of the occurrence, unless waived by the Regional Office. This
report shall outline the actions taken or proposed to betaken to correct the problem and -to
ensure that the problem does not recur.
IV. JNSPECTIQ, !S
Any duly authorized officer, employee, or representative of the DWQ may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecurity
measures, enter and:inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this permit; may inspect and obtain a copy of any records that
must .be kept under the terms and conditions of this permit; and may obtain samples of the
wastewater, groundwater, or surface water.
V . GENERAL CONDTTI N
1. The issuance of a COC under this permit shall not reheve-the Permince of the responsibility
.for damages to surface waters or ground waters resulting from the operation of this
program.
2. The Permittee shall designate and employ a certified animal waste management system
operator to be in charge (OIC) of the animal waste management system.. No animal waste
management system shall be operated unless supervised by the OIC.
4

3. For existing farms, the operating level of lagoons and other uncovered waste containment
structures must not exceed the level that provides adequate storage to contain at a minimum
a 25 year, 24 hour storm plus any additional storage required in the CAWMP. For new
and expanding farms, the operating level of lagoons and other uncovered waste
containment structures must not exceed the level that provides adequate storage to contain at
a minimum a 25 year, 24 hour storm event, chronic rainfall, plus an additional 1 foot of
freeboard. In either case, the maximum waste level shall not exceed that specified in the
CAWMP.
4. Upon reasonable cause to believe that any activities conducted pursuant to this permit may
cause or contn'bute any waste, directly or indirectly, to be intermixed with the waters of the
State, the DWQ may require any monitoring (including but not limited to groundwater,
surface water, sludge, soil and plant tissue) necessary to determine the source, quantity,
quality, and effect of such waste upon the waters of the State. Such monitoring, including
its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet
all applicable Commission requirements. "Reasonable Cause" may be based on the
findings of a related Federal, State, Commission or DEHNR authorized study or report, or
on showing that violations of State water duality or other applicable environmental
standards have occurred or may occur.
5: Failure to abide by the conditions and limitations contained in this permit, the facility's
CAWMP and any COC issued under this permit may subject the Permittee to an
enforcement action by the DWQ in accordance with North Carolina General Statutes and
may include the requirement to obtain an individual animal waste operation permit, the
addition of treatment or storage units, or the addition of land application sites.
r- 6. The issuance of a COC under this permit does not excuse the Permittee from the obligation
to comply -with all applicable statutes, rules, regulations, or ordinances (local, state, and
federal).
7. if animal production at the facility is to be suspended or terminated, the owner is
responsible for developing, implementing and completing a "closure plan" which will
eliminate the possibility of an illegal discharge, pollution, erosion, and the potential for
injury and shall be in accordance with NRCS lagoon closure standards in.effect when the
closure plan is developed and implemented. Closure shall also include notifying the-DWQ.
8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation
of this COC.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are -required in the CAWMP, shall constitute grounds for.revocation of
this COC.
This General Permit issued the fourteenth day of January, .1997.
NORTH C OLINA ONN=AL MANAGEMENT CONGMSION
A. Preston Howard, Jr.,-.E., r
Division of Water Quality
By Authority of the Environmental Manageraient Commission
Swine Waste General Permit Number AWG100000
5

ision`of Soil and
in Revi
Routine OComplaint O Follow-up of DIVQ inspection Q Follow-uEof DSWC review Q Other
Facility Number Date of Inspection 3
Time of Inspection 24 hr. (hh:mm)
Permitted ©Ce Tied ❑Conditionally Certified [3 Registered 10 Not O eFabonal Date Last Operated-
............_ _
� Coon p f /
Farm Name: _-. r�........... ......... ............ 1.�/!1 �........_._........ .._l
Owner Name: ._..... r. ......._...._ _ ...__. Phone Na: 1U dl` � �.��.
Facility Contact: _. 1Q�.__.. t%2) � `. �.� ...Title: • �.........................._.. Phone No: _.�_�.__ _.� ...
Mailing Address: .................. ......_...... ...............
Onsite Representative:_
-'...............1 ..:............................ Intefirator:........ L� l_..._ _ . _ _ _.._
Certified Operator:,,__,_,,�x1.- ,�!��_l._:_ .._ ... Operator Certification Number:
Location of Farm:
:...................... --••• •. .. • .
Latitude t F 7_11
1
Longitude
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle - -. Capacity -,Population
Wean to Feeder ❑ Layer ❑ Dairy
Feeder to Finish S it 17z 3606 ❑Non -Layer ❑ Non -Dairy
Farrow to Wean
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish Total Design Capacity
Gilts -
❑ Boars Total SSLW _
Number of Lagoons Subsurface Drains Present ❑Lagoon Area ❑ Sprav Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharg.es & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑ Yes r] No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the convevance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ yes ❑ No
c. If discharge is observed, what is the estimated Flow in callmin?
d. Does discharge bypass a lagoon systcm? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ,'0 Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑Yes No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 5
Idendier: !f
Freeboard (inches): Z_l _._---•_-...
5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, [I Yes fit] No
seepage, etc.)
3/23/99 Continued on back

Facility Number: hate of Inspection
6: Are -there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancelimprovement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of oapplication.
❑ Excessive Pondin
12. Crop type j ve 1/ '0/
13. Do the receiving ops differ with those designated in a Certi
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvemenv?
16. Is there a lack of adequate waste application equipment?
_ 0PAN..,,�-
M
❑ Yes JR No
❑ Yes IR No
❑ Yes No
❑ Yes KI No
[3 Yes F5 No
0 Yes ® No
Animal Waste Management Plan (CAWMP)? ❑ Yes
No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
Required Records & Documents
I7. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management'Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
violafianis:oi deft. cWnties were ino#ed du-riitg Ors'visit' . Y'oi>t ;will-ieeeiye Rio: further •
tOrieS}lOit[�el7t a abbidth s Vlsit: .
E9 Yes ❑ No
❑ Yes -0 No
❑ Yes ']Eg No
❑ Yes :@ No
® Yes ❑ No
❑ Yes j No
❑ Yes No
❑ Yes No
❑ Yes No
❑ Yes +M No
10 Yes ❑ No
Comments (refertuguestion #): Explain any YES answers and/at.any recommendattons or ally other comments:
Use drawings of factLty to"_better explain sttuattons (use addebonal pages as aeeessa
}
- r3' —
_. f +
1 / r t �71 Z , i,.t<.r}�e d :SrGh•,nt�cldl-l'.• p.`�l Sprcit�x, t +t( Brent t40 T iGI G7 : fGL�. .Ur-,L;+ta��
Pc'-}L, o� 'f` i�(pl`Ja7,TGh 'eGtL�GS � Igl:SG1•i�►rc}c� -To �✓'�tr'1G�. �n1R"�e�r' �'%iu j�"r��
.s�:►^�� !ems c�, +� �; t { v rep we --e 4akeYl . 11k.,e x4-zvL di SG ►«, e e res tJ 4,d
4o Iz'oo
1 , f I'
Irl dcfeTrni-1 CatJUf,'+% q
l,Je�'C[q lw' ,E rVCrrt Y't "'1-q 4117C fe�fa:di-�R-
• LJaS-Fe 1�"� Wr'.syt �gscG{ a� .l �!
GjCref C� rr1'r�q`�,ae-� L�cS,'�►'z
qjr
Reviewer/Inspector Name 1�1_ .
Reviewer/Inspector Si

Facility Number: 1 - & C I I)ate of Inspection
� M /
" Odor'lssues c:Sltc:
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27, Are there any dead animals not disposed of properly within 24 hours? ❑ Yes,, D3!No
S
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes .R No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? []Yes ` No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc-) ❑ Yes No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
Additional omments an or rawings
i4n4 iaLn dES io-" GIAS C.Ov yl e-4 cof t,
s-
]S. �P rOL y F;CJeJ is ro i.► } : �e1.r . C u-i -icer SGd Th.s ��q ✓�S � 107 ��
&Ar-C a--eeA in 44,,e F:614..Baee are,�,J Crt►• 1e,,d 4o ✓'vnoxc�r'ejre
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Sre,;40 S4 erci4:vC 2X+-A Cio+-t -For
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C.-nll 1 r � SCC4J40^ � RPGO�'C� Q► rI r GCt+;'O s. O+�
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Me4C' CC/'OZ.% V AOLdd J111u.rQ Ott'OL't� hOw •ro �rcarC� �-ygr� ��I4h�s
tw : f4-, -f CJ; V¢L, C, rc► ff "I-,).r &f erVI
3/23/99

Facility Number i Date of Inspection `{/! 4/pO
Time of Inspection 1 !! Q 24 hr. (hh:mm)
® Permitted ❑ Certified © Conditionally Certified 0 Registered 10 Not O erational Date Last Operated .
Farm Name: e c, r ' d�} e �r q r'' ` ........ County: f'e d c ✓
Owner Name . ........ Ch5 r' !cS .. Li°oei..T''..: .
Facility Contact:
Mailing Address:
Title:
Phone No: ..._._....__.._.......
.................. _... Phone No:
Onsite Representative: �c v ' r` I,Je s4o, C L.SrI cS tj,,, ��+ Integrator: M V' !t Ia
_ _. ...... c........ --- _.... _.... ................ ... __..... _....__ .....................
5
Certified Operator: ........... __......----•-...._.............. ............. ............. ............ ...................... Operator Certification Number:.,...._. ... ..._.....
_
Location of Farm:
.'V
Latitude �' �° �•� Longitude
Design Current Design Current Design °Current
Swine Capacity Population Poultry Capacity Population Cattle _ -Capacity Po ulation
❑ Wean to Feeder 10 Layer ❑ Dairy
❑ Feeder to Finish JCI Non -Layer 10 Non -Dairy
❑ Farrow to Wean
El Farrow to Feeder ❑Other
❑ Farrow to Finish Total'Design Capacity
❑ Gilts .
❑ Boars Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Dischares & Stream Im32acts
1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑Yes ❑ No
b. If discharge is observed, did it reach Water of the State'? (Ii' yes, notify DWQ) ❑ Yes ❑ No
c. if discharge is observed, what is the estimated flow in gaUrnin?
d. Does dischargebypass a lagoon systcm'' (ll' ves, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
W. ste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (inches): ......... ................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
323/99 Continued on back

i~acilityNumber: `]1 — (p�} Date of'] nspection 4 + 00
6. Are there structures on=site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ❑.No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancetmprovement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance improvement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
Waste Application
10. Are there any buffers that need maintenancermprovement?
❑ Yes
❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN.
❑ Yes
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Ret wired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis &sail sample reports)
❑ Yes
❑ No
20. 1s facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
•❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
JR No
24. Does facility require a follow-up visit by same agency? [--]Yes .❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
❑' No•violations "or deficiencies •were ho(ea• d(rr'ing �hjs;visit; • You will-feeeive 06 further; ;
;comes oricienc,e a�nnit this visit. ; ' : "
Comments`{refer to ques6oi `#): _'ExpWn-"n TES answers -and/or any recommendations or any 'other' eats s
.. ... .
Use drawings of facility tti better.explain situations. (use adrLtianal pages as.necessaiy) . - s
GardV6- r-4 .- i d;sL4eLv,cQred.S Cc � )'o Vl :�e.rry r�C�1
u1r31nv -A ,, a c,,4s
`
ticTEr'-I,-. tvoa4eYl -ld rv•+-y �n5}e ��or� 4'4cl, Q,4v Vcctif���,or�
i� Stp�Ry�:Lfe( rt►1d Gl���,cE►1-� wovdltinc( For , e� I zl
I i
hlo7� = MuCt, �-.' c wars speLA4 e4vr:.%5 4kr— 'o.,) 4kc 4-4, i
y0lo►\r oi4 4kc- 4o 4k< inaea( 4 1ssvr,r1Ce0-1/1
tx �rCSS re le-rSd- T S�i1'���.Srr urr� Wj; 100e4e`l +o ittlle pI-e5S release -iof
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date: [1 (I

'Facility Number. j ,��I Date of Inspection /
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ElNo
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes, ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31_ Do the animals feed storage bins fail to have appropriate cover? - ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
Additional. omraents:an or win _ _ _ 77 r = � �.
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3123/99

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CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, North Carolina 28405
[phone] (Lab) • [phone] (Fax)
EchemW @aol•com
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: April 25, 2000
127 N. Cardinal Drive Ext.
Wilmington, NC 28405 Purchase Order #:
Attn: Stonewall Mathis
REPORT OF ANALYSIS
Date Sampled: 04/13/00
Sampled By: Stonewall Mathis
STREAM / PUDDLE:
Report Number: 0-123 L
Report To: Stonewall Mathis
PARAMETER
Sample ID
Up
Field
Ditch
Down
Lab ID
# 3132
# 3133
# 3134
# 3135
Fecal Coliform, colonies/100m1
I 69
220,000
I 310,000
280
Nitrate + Nitrite Nitrogen, NO3 + NOz - N mg/L
0.32
1.12
1.08 j
0.06
Ammonia Nitrogen, NH3-N, mg/L
0.2
217
455
1.8
Total Kejeldahl Nitrogen, TKN mg/L
1.3
256
560
3.2
Total Phosphorus, P mg/L
0.16
33.4
32.8
0.23
Reviewed b , , - - D4i and approved for release to the client.
J

ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
Client: tQ C DEN 2- p W C3 w 11 PD
Collected D: S4 a ne w l ,0 ti-' J
SAmnIP Tine: f - influent_ F = Fffiuent. W =Well. vR=:trea6i. qn = nil. SI Rlurlae tlrer� 'Pu
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Sample Identification
Collection
o
`-
Q
PRE, S tvATION
ANALYSIS REQUESTED
o
x
d
d
p
DATE
TIME
TEMP
L)
jZ
S T
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NOTICE -- DECHLORMATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must he dechlorinated
0.2 Rpm or less in the field at the time of collection. See reverse side for Instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
I.
2.
Temperature whel Received: t •4*C, Accepted: - - _ Reject sample Requested:
Delivered By: Received By. ' Dater J3--a� Time:
oinments:

envirochem
CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Stonewall Mathis
Date Sampled: 04/14/00
Sampled By: Stonewall Mathis
STREAM:
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, North Carolina 28405
[phone] (Lab) • (910) 3924424 (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, DL.S CERTIFICATE #37729
REPORT OF ANALYSIS
Date of Report: April 25, 2000
Purchase Order #:
Report Number: 0-1242
Report To: Stonewall Mathis
PARAMETER
Sample ID
Ditch
Ditch 2
Lab ID
# 3159
# 3160
Fecal Coliform, colonies/100m]
1,180,000
I 5300
Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mg/L
1.28
0.14
Ammonia Nitrogen, NH3-N, mg/L
490
46.9
Total KejeIdahl Nitrogen, TKN mg/L
I 532
52.5
Total Phosphorus, P mg/L
48.0
1.81
Reviewed b i i and approved for release to the client.

Evi7r(
chern
ENVIRONMENTAL CHEMISTS, INC
Samllle Collection and Chain of Custody
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
F 910 392 AA2A
Client: C- �� D �'J r n Email: EchemWAagl.com
Collected H S� s n ✓ Il 1'+� -, �, s - Re art No: o z qz—
SamDle Tvne: I= Influent. E = Effluent. W =Well ST =Sire . SO =Sall. SL= Sludge ther:
Semple Identification
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NOTICE - DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must he dechlorinated
0.2 ppm or less In the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
1.
!2.
Temperature wheA Received: 0•2- °C, Accepted; ✓ Re' cted: Resample Requested:
Delivered By: Received By: �.�'— Date: G, Time:^ /6 X
kamments:

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonithan B.. Howes
Governor Secretary
June 2% 1997 -`4- -
a i + * M ;�+
Charles Wooten, Jr.
Bear Ridge Farm
270 Old Maple Hill Road
Maple Hill, NC 28454
Subject: NOTICE OF DEFICIENCY
Bear Ridge Farm
Facility Number: 71-69
Pender County
Dear Mr. Wooten:
On June 18, 1997 -Staff fiom the Wilmington Regional Office of -the Division of Water Quality,
inspected your animal operation and the lagoon(s) serving this operation. It was observed that some erosion
of the clay liner has occurred on the lagoon. Large cuts were observed in various sections of the inner and
outer dike walls of the lagoons. It is our concern that some of these gullies may become deep enough to
cut.through the liner material and sacrifice the integrity of the structure.
As was discussed at the time of the inspection, the cuts should be filled with. a suitable clay material,
compacted and reseeded with an appropriate vegetative cover. In addition, the washout along the ditch line
adjacent to the spray fields should be -filled and reseeded to prevent further erosion and to reduce the risk
of runoff. We suggest that you contact.yaur service company, .local MRCS or Soil and Water District office
for any assistance they may be able to provide to correct the situation.'
To remain a deemed permitted facility, you must -notify this office m wntmg within fourteen (14) days
of the receipt of this notice, what actions will betaken to comply with your waste management plan. Failure
to do so. may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non
discharge permit.
127 Cardinal Drive ExLemion, Vrdmington, N.C. 2MS-3945 a Telephony 910-395-3900 a Fax 9I0-350-2004
An Egwi Opporo ity Affirmative Action Employer

Charles Wooten, Jr.
June 20, 1997
Page 2.
Please be aware it is a violation of North Carolina General Statutes and Rules to discharge wastewater
to the surface waters of the State without a permit and/or to ' fail to follow a certified. waste management plan.
The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of
not more than $10,000 per day per violation.
When the required corrective -actions are complete, pleasi-notify-this office in writing at the address
below. If you have any questions concerning this matter, please call David Holsinger, Andy Helminger or
Brian Wrenn at 910-395-3900.
Sincerely,
Brian L. Wrenn
Environmental Specialist
cc: Jason Turner, County Soil and Water Conservation
Sandra Weitsel, NC Division of Soil and Water Conservation
Dan Sams, Land Quality Section, NCDEHTIR
Garth Boyd, Murphy. Family Farms
Operations Branch
W11ID1ngtOII Files

Bear Ridge Farm L=
270 Old Maple Hill Rd.
Maple Hill , N.C. 28454
1BY.�
Brian L. Wrenn
D.E-M.
Dear Mr. Wrenn:
1 have made arraignments with a contractor. To repair all erosion areas on the lagoon dike and
to the ditch next to my spray field. It is my intention to have this completed by AUGUST 10, 1997
.� Sm;1es
y
C S. 'ooten r.

State of North Carolina
Department of Environment,
Health and Natural Resources ` •
Division of Water Quality
James B. Hunt, Jr., GovernorAM
1D1HHNFZ'
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 3, 1997
Charles Wooten
Charles Wooten, Jr. Farm
PO Box 44
Maple Hill, NC 28454
SUBJECT. Notice of Violation
Designation of Operator in Charge
:Charles Wooten, Jr. Farm
Facility Number 71--69
Pender County
Dear Mr. Wooten:
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is .a violation of N.C_G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and.
Certification Group at .(919)733 -0026.
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bblawdesletl
cc_ Wilmington Regional Office
Facility File
Enclosure
P.O. Sox 29535, ��y� FAX [phone]
Raleigh, North Carolina 27626-0535 N16 An Equal OpPortunitY/Afkmalive Action Employer
Telephone [phone]% recycles/10% post -consumer paper

1 DEC 1g�7
"VA-FER QUAD T Y
CTi{J'N
Mr. Steve W. Tedder
Water Quality Section Chief / DWQ
P. 0. Box 29535
Raleigh, NC 27626-0535
270 Oid Maple Hill Rd.
Maple Hill, NC 28454
2 December 1997
Re: Notice of Violation and Assesment of Civil Penalty for -
Violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F. 0201
Bear Ridge Farm
Facility #: 71-069
Pender County
Case #: OV 97-068
Dear Mr. Tedder:
This is to request release of the civil penalty assessed against the
referenced farms because of the following reasons
1. There was no water quality problem according to G.S.
143B-282. I (b)_
2. We had several inspections and no inspector pointed out
this problem I was not awareof the rule requiring this information to
be sent in. I sent in the O1C designation form as .soon as I became
aware of the problem
3. After I completed the class and testing, I assumed that the
certificate that was issued wasall that was needed. As soon as I became
aware of the required procedures, I completed and faxed the
necessary form. If I fad been aware of these procedures and
requirments sooner, I would have complied with the requirements_
1�
I am enclosing herewith the Waiver of Right to An AdmizTsu tive
Hearing and Stipulation of Facts.
ECEED
DEC s t 1997i
41lA7� QLj ! i ' SECTION
Non-nlsr: ;,--m- C;mnilance cn1f.

If futher information is needed, please let me know.
c ely,
Charles Wooten Jr.

•
STATE OF NORTH CAROLINA
COUNTY OF A/ct � R
ENVIRONyMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADbIJ1NISTR.ATTVE HEARI�i =G AND
PERMIT NO. 7 f - o (U �_ _ ) STIPULATION OF FACTS
- FILE N0. el) �!c1 �Tc7 tp
Havin- been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division 'of Water Quality
dated, _ r°'} i ? / 1 ` �l % the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document_
This the day of 04� , lg a-7
ADDRESS
TELEPHONE

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
July 22, 1998
Charles S. Wooten, Jr.
Bear Ridge Farm
270 Old Maple Hill Road
Maple Hill, NC 28454
IN �5
4 •OV •
ID E N F=I
SUBJECT: Acknowledgment Receipt Letter
Bear Ridge Farm
Farm# 71-69
Case No. O V 97-68
Pender County
Dear Mr. Wooten:
• This letter is to acknowledge receipt of your check No. 583 in the amount of
$500.00 received from Bear Ridge Farm -on July 21, 1998.
This payment satisfies in full the civil assessment levied against Bear Ridge Farm
and this case has been closed. Payment of this penalty in no way precludes further action
by this Division for future violations of the State's environmental laws.
If you have any questions please call Shannon Langley at [phone]
extension 581.
Sincerely,
4ffTePoupart, Supervisor
Non -Discharge Compliance/Enforcement Unit
Silky
cc: VRMNWRIFdel
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, Worth Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina ����
Department of Environment
VE
and Natural Resources AN 2 9 199
Division 'of Water Quality
BY
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 25, 1998
Certified Mad
Return Receipt Requested
Attn: Charles Wooten
Bear Ridge Farm
270 Old Maple Hill Rd.
Maple Hill, NC 28454
Dear Charles Wooten:
WA
4�•
3
CDENR
NORTH CAROUNA DEPARTmv4T OF
ENVIRONMENT AND NATURAL REsouR=5
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Bear Ridge Farm.
Pender County
Farm #: 71-69
OV 97-68
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G:S.' 143-215.6A(h) and have not
found grounds to modify the assessment of $500.00
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment
of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request.wdl be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycledflO % post -consumer paper

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
cc:
Case File #QV 97-68
Central Files
S
A Preston How , Jr., P.E.

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04/13/00 — Excessive ponding and runoff in grassed waterway. Grassed waterway floes
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State of North Carolina ��I'✓`'
Department of Environme t MAR 2 1 2001
and Natural Resources
Division of Water Quality BY:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Charles S. Wooten, Jr.
Bear Ridge Farm
2850 NC Highway 50
Maple Hill, NC 28454
Dear Mr. Wooten:
17
A
0 •
W
NCDENR
NORTH CARoumA DEPARTMENT of
ENVURONNIENT AND NATURAL RESOURCES
March 16, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 71-69
Pender County
File No. DV 00-057
This letter transmits notice of a civil penalty assessed against Bear Ridge Farm in the
amount of S5,803-65 which includes S803.65 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: I Telephone [phone]
16I7 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-I617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
htrp://h2o. enr, state. nc_ its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This.request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Adtninistrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments
„ onew5l1-Mathis WIRO w/ attachments
ile # DV 00-057 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DV 00-057
Having been assessed civil penalties totaling $5,803.65 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, March 16 2001 , the undersigned, desiring to seek remission
of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of , 2001.
SIGNATURE
0a]01*a ►X�
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF PENDER
File No. DV 00-057
IN THE MATTER OF )
CHARLES S. WOOTEN, JR. )
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF ) CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Charles S. Wooten, Jr. owns and operates Bear Ridge Farm, a swine operation
located along NC Highway 50 in Pender County.
B. Charles S. Wooten, Jr. was issued Certificate of Coverage AWS710069 under
General Permit AWG100000 for Bear Ridge Farm on May 29, 1998, effective
May 29, 1998, with an expiration date of December 31, 2001. This permit does
not allow the discharge of waste to waters of the State.
C. On April 13, 2000, DWQ staff observed a discharge of wastewater by Bear Ridge
Farm from a spray -field via a ditch to Angola Creek, which are Class C Sw waters
of the State within the Cape Fear River Basin_
D. CharIes S. Wooten, Jr. had no valid permit for the above -described activity.
E_ DWQ staff estimated the volume of the discharge at greater than 1,000 gallons.
Mr. Wooten did not issue a press release regarding the discharge.
F. The cost to the State of the enforcement procedures in this matter totaled $803.65.

IL
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Charles S. Wooten, Jr. is a "person" within the meaning of G.S_ 143-215.6A
pursuant to G.S. 143-212(4).
B. Angola Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Charles S_ Wooten, Jr_ violated G.S. 143-215.10C(h)(1) by failing to issue a press
release for a discharge of 1,000 gallons or more of animal waste.
E. Charles S. Wooten, Jr. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S_ 143-215.1.
F_ Charles S. Wooten, Jr_ may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-215.
G. The State's enforcement costs in this matter may be assessed against Charles S.
Wooten, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Charles S. Wooten, Jr_ is hereby assessed a civil penalty of:
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.

for violating G.S. 143-215. IOC(h)(1) by failing to issue a
press release for a discharge of 1,000 gallons or more of
animal waste
$ .5j O O O TOTAL CIVII, PENALTY, which is 3o percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 803.65 Enforcement costs
$- S 4 %01.G5 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date)
Kerr T. Stevens, Director
Division of Water Quality

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enviroche
CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmili Way • Wilmington, North Carolina 28405
[phone] (Lab) • [phone] (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: April 25, 2000
127 N. Cardinal Drive Ext.
Wilmington, NC 28405 Purchase Order #:
Attn: Stonewall Mathis
REPORT OF ANALYSIS
Date Sampled: 04/13/00
Sampled By: Stonewall Mathis
STREAM / PUDDLE:
Report Number: 0-123 i
Report To: Stonewall Mathis
PARAMETER
Sample ID
Up
Field
Ditch
Down
Lab ID
# 3132
# 3133
# 3134
# 3135
Fecal Coliform, colonies/100m1
69
220,000
310,000
280
Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mg/L
0.32
1.12
1.08
0.06
Ammonia Nitrogen, NH3-N, mg/L
0.2
217
455
1.8
Total Kejeldahl Nitrogen, TKN mg/L
1.3
256
560
3.2
Total Phosphorus, P mg/L
0,16
33.4
32.8
0.23
Reviewed b 'a�i and approved for release to the client.

49 en�Tirochm
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
Client: W DE-N e` D W Q W' AD
Collected B: S4 o n e w r Yy a-i ti; J
Sarnnlp Tvtnet T = Tnflnpnt_ F. = F.Mmont_ W =Well_
Rn =RML Ri ^ Rlndap fsthpr! 'Pu
6602 WindMM Way
Wilmington, NC 28405
Phone: [phone]
Fa:: [phone]
Sample identification
Collection
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PRES NATION
ANALYSIS REQUESTED
a
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DATE
TIME
TEMP
U P
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NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
_(0.2ppmor less In the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
1.
2.
Temperature when Received: 1 a 'F °G Accepted:---V-- - -- Rej
it Delivered By: Received By. —,
Comments:
.w
mple Requested:
Date: ,�' J3---cR7 Time: : )D

DdPORTANT NOTICE
North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection
and preservation.
Client Must Provide the Follo Information
I. SAMPLE IDfiN=ATiOI� (Container Associated with requested testing)
2. SAMPLE 'i'CYE (Composite, Grab, water, Sod, etc.)
3. SATE COLLECTED
4. T W_ COLLECTED
5. SAMPLE COLLECTOR
6. PRESERVATION (Including Temperature and pH)
Tesnoerature I Samples M be refrigerated or received on ice between
2 and 6° C. Samples received within two (2) hours of collection must show a downward trend.
Fore, please record temperature at.collection: in space provided on collection sheet.
lam: _A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for
metals samples reported to the Groundwater Section which must be acidified at the time of collection
DECHLORINATION INSnWMONS
CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting sample as a
violent reaction will occur.
DeddorimIdngSamples that Require Acid Preservation
1. Add 4-5 granules of thiosulfate to a bottle with no acid preservative
( unpteserved BOD/TSS battle).
2. After mnmff to disslove the thiosulfate. pour half of the sample into a bottle containing acid as a
P ti'" e ( Ammer
3. Theo completely fill bath bottles with fresh sample.
The Laboratory will verify and document the above requested informaptioa _ _ _-
ref NCAC 2H M05 (a) M M
"At anytime a labaratory.receives samples which donut meet sample collec tim balding time, or prwa vatioa
regcrit�ds, the laboratory must notify the sample collector or dlient and seems another sample if possible. If
another sample da nnet be secured, the original sample may be anaiyaed, but the resnhs reported mast be
qualified with the mature ofthe kfiaction(s). And the laboratory mist notifythe State Laboratory about the
kftctien(s). The not fiicadian must include a indicating cmTec Live actions taken to prevent The
problem for flmmre samples.
ref NCAC 21 LOS05 W M M "

6,- 7!� @
CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way - Wilmington, North Carolina 28405
(9I0) 392-0223 (Lab) - (910) 392- 424 (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: April 25, 2000
127 N. Cardinal Drive Ext.
Wilmington, NC 28405 Purchase Order #:
Attn: Stonewall Mathis
REPORT OF ANALYSIS
Date Sampled: 04/14/00
Sampled By: Stonewall Mathis
STREAM:
Report Number: 0-1242
Report To: Stonewall Mathis
PARAMETER
Sample ID
Ditch
Ditch 2
Lab ID
# 3159
# 3160
Fecal Coliform, colonies/100m1
1,180,000
5300
Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mg/L
1.28
0.14
Ammonia Nitrogen, NH3-N, mg/L
490
46.9
Total Kejeldahl Nitrogen, TKN mg/L
532
52.5
Total Phosphorus, P mg/L
48.0
1.81
Reviewed b and approved for release to the client.

GY7�T.irLi�: ].:rn
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
6602 Windmill Way
Wilmington, NC 28405
Phone: (910) 39M223
F 910 392 4424
CIient: A, � � E D t J (..l ' DEwa
a a( )-
V � �'. � � d� Email: Ech n►W aol.com
Coll ted B : YLi-nL,s Re ort No: o - z. qL
Samnle Tvne: I = Influent. E = Effluent. W=WelogT Sn =gnil. fiir-,qludffe ther! 1,,,
Sample Identificatiop
Collection
�
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PRESERVATION
ANALYSIS REQUESTED
a
d
p
DATE
TIIVIE
TEMP
f''[c
C
3,f9.4
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C1
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NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 ppm or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
1.
2.
Temperature whefo Received: 0•2 °tom Accepted: ✓ Re' cted: Resample Requea ed:
Delivered By: i'r:1:4 Received By: Date: Time: /6 y
Comments:

EWPORTANT NOTICE
North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection
and presumttion.
Client Must Provide the FolloMin Information
1. SAMPLE M04TMCATION (Cow Associated with requested testing)
2. SAWU TYPE (Composite, Grab Water, Sod, etc.)
3. DATE CO
4. TDAE COLLECTED
5. SAMPLE COLd.ECTO
6. PRE ERVATION (Including Temperature and pH )
Temperature _Samples MIIST be refrigerated or received on ice between
2 and 60 C. Samples received within two (2) hours of collection must slow a downward trend.
more, please record temperature at.collectioa:in space provided on collection sheet.
pH : _A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for
metals samples reported to the Groundwater Section which must be acidified at the time of collection.
DECHLORINATTON INSMUCTIONS
CAUTION: DO NOT Mix thiosulfate with acid in battle before collecting sample as a
violent reaction will occur.
DecWorbuitine Nmmles that Amain Acid P ticon
I. Add 4-5 granules of thioseffate to a bottle with no acid preservative
( unpraswved BODMS bottle).
2. After mixing to disslove the thiosalfate, pour half of the sample iato a battle containing acid as a
preservative ( Arm amia(M)
3_ 'Then completely fill bath battles with finish smnple.
The Laboratory w-M verify and document the above requested in%rmadc-UL
ref. NCAC 2HAB05 (A) (7) M
" At anytime a labararnry.receives sampiee which do not meet sample collection, hoidi ng time, or preservation
re niremea�s, the laboratory must notify the sample collector or cheat and secure another sample if poolle. If
another sample cannot be secured, the original sample may be analyzed, but the results repaated must be
qualified with the nature ofthe infraction(s). And the lal may must notify the State Laboratory abamrt the
mfractiau(s). The notif corn must include a statement mdicatmg corrective actim tal en to prevent the
problem fiar fixture samples. _
ref. NCAC AL080S jam. "

Apr-25-00 10:50A Envirocham r]/ j Q 910 392 4424 P_01
envirochem
CONSULTING CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way 910392.0223 phone
Wilmington, 910.392.4424 fax
North Carolina 28405 EchemW*,aol.com
facsimile transmittal .................
To:From:
Company: Date:Fax No.: 3F� Q - 2 LSO Pages to
Re: r2 es t t j �5 _ Follow:
Message:
2

Apr-25-00 10:50A Envirachern 910 392 4424 P_02
CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Stonewall Mathis
Date Sampled: 04l13/00
Sampled By: Stonewall Mathis
STREAM / PUDDLE:
Environmental Chemists, Inc.
6602 Windmill Way - Wilmington. North Carolina 29405
[phone] (Lab) - [phone] (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
REPORT OF ANALYSLS
Date of Report:
Purchase Order #:
Report Number:
April 25, 2000
0-1231
Report To: Stonewall Mathis
PARAMETER
Sample ID
Up
Field
Ditch
Down
Lab ID
# 3132
# 3133
# 3134
# 3135
Fecal Coliform, colonies/100ml
69
220,000
310,000
.280
Nitrate + Nitrite Nitrogen, NO3 + N% - N mg/L
0.32
1.12
1.08
0.06
Ammonia Nitrogen, NH_,-N, mg/L
0.2
217
455
1.8
Total Kejeldahl Nitrogen, TKN mg/L
1.3
256
560
3.2
Total Phosphorus, P mp/L
0.16
f 33A
32.8
0.23
Reviewed b • IJ �`�} chlf-ovA and approved for release to the client.

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ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way
Wilmington, NC 28405
Sample Collgction and Chain of Custody Phone: [phone]
Fax: [phone]
�n Email: FehtmWQ4oI.cow
f
—_wort No; _ n -
4 9 PRESERVATION
Collection L 4
Sample Identification o o; d 0 ANALYSIS REQUESTED
DATE TEKE TEMP V u " x
U %� 12.b C 5T 1 G 41Fe c,a I
U Z b�` 5 C G
P > U�r,�n �s
�' e. ! Ci '��[Ic C Fe e q
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C P
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C P
NOTI E - DE HLO ATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must he dechlorinated
0.2 ppm or less In the field at the time of collection. See reverse side for Instructions.
Transfer Relinquished By: Date/Time Received By: , Date/Time
1.
2.
Temperature whe Received: I.4 °G Accepted: Rejec sample Requested:
Delivered By: �'� Received By. Date: -ate Time: �D
Comments:

Apr-25-00 10:51A Envirochem
910 392 4424
P.04
enviroc
CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Stonewall Mathis
Date Sampled: 04/ 14/00
Sampled By: Stonewall Mathis
STREAM:
Environmental Chemists, Inc.
6602 Windmill Way - Wilmington, North Carolina 28405
[phone] (Lab) - [phone] (Fax)
EchcmW @aol.com
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
REPORT OF ANALYSIS
Date of Report: April 25, 2000
Purchase Order #:
Report Number: 0-1242
Report To: Stonewall Mathis
PARAMETER
Sample ID
Ditch
Ditch 2
Lab ID
# 3159
# 3160
Fecal Coliform, colonies/I 00:n1
1,180,000
5300
Nitrate +Nitrite Nitrogen, NO., + N% - N mg/L
1.28
0.14
Ammonia Nitrogen, NH1-N, mg/L
490
469
Total Kejeldahl Nitrogen, TKN mg/L
532
52.5
Total Phosphorus, P Ong/L
48.0
1.81
Reviewed b and approved for release to the client.

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ENVIRONMENTAL CHEMISTS, INC
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Sample Coll c 'on and Chain of Custody
6602 Windmill Way
Wilmington, NC 28445
Phone. [phone]
Fax:[phone]
Collet d B : s e �ti a rl 1 �^ , r - - rt No: v
Sample Tvoe: I = Influent. E = Effluent. W =Well: ST =5trea4. SO --Soil. SL,- Siudue ther: �' �� ►
Sample Identification
Collection
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ANALYSIS REQUESTED
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TEMP
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G
G
C
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NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 p m or less In the Held at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By;
Date/Time
1.
2.
Temperature wbep Received: Accepted: ✓ Re' cted: Resample Requested:
Delivered By:_-�`�''�� Received By: Date: o Time: /6 y _.
Comments:

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Charles Wooten, Jr. Bear Ridge Farm, Facility 71-69 Memo
On April 13, 2000, Ms. Greer McVicker and I inspected the facility. Waste had ponded in
the sprayfield, entered a waterway in the field, and discharged into a ditch that drains into
Angola Creek. Water quality samples were taken.

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Charles Wooten, Jr. Bear Ridge Farm, Facility 71-69 Memo
On April 13, 2000, Ms. Greer McVicker and I inspected the facility. Waste had ponded in
the sprayfield, entered a waterway in the field, and discharged into a ditch that drains into
Angola Creek. Water quality samples were taken.

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Charles Wooten, Jr., Bear Ridge Farm, Facility No. 71-69, Pender
County, Narrative
On April 13, 2000, Greer McVicker and I inspected the facility and discovered animal waste
ponded in the sprayfield and that animal waste runoff had occurred into a ditch adjacent to the
field. The ditch drains to Angola Creek which is a tributary to the Northeast Cape fear River.
Stonewall Mathis