760005_ENFORCEMENT_20171231

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NCDENR lh'rnst�n- : •etn
North Carolina Department of Environment and Natural Resources Regional office
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 10, 2013
Kimberly Griffin
KLS Swine Farm
PO Box 130
Liberty, NC 27298
RE: Acknowledgment of Receipt of Payment
Case No.: DV-2013-0009
Farm No.: 76-0005
Randolph County
Dear Ms. Griffin:
This letter is to acknowledge receipt of your check No. 6616 in the amount of $2272.93
on April 8, 2013. This payment satisfies in full the civil assessment in the amount of $2272.93
levied against Kimberly Griffin and the case has been closed. If you have any questions, please
call me at [phone].
cc: APS-Winston-Salem Regional Office
File # DV-2013-0009
APS Central Files (AWS760006)
AQUIFER PROTECTION SECTION
1636 Mali Service Center, Raleigh, North Carolina 27699.1635
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: [phone] FAX 91HO7448D1FAX• 919- 07-6496
Internet:
Sincerely,
Miressa D. Gamma
Animal Feeding Operations Unit
NorthCarolina
Naturally
An Equal Opportunity l Affrrmalwo Acwn Empty&

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RANDOLPH
FILE NO. DV-2013-0009
IN THE MATTER OF
}
KIMBERLY S. GRIFFIN
}
}
}
FOR VIOLATIONS OF SWINE
} FINDING AND DECISION
WASTE MANAGEMENT SYSTEM
} AND ASSESSMENT OF
GENERAL PERMIT AWG100000
} CIVIL PENALTIES
AND NORTH CAROLINA
)
GENERAL. STATUE 143-215.1
}
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (DWQ), I, Keith Larick, Supervisor of the Animal
Feeding Operations Unit of the DWQ, make the following.
I. FINDINGS OF FACT:
A. Kimberly Griffin owns and operates KLS Swine Farm, a permitted swine operation in Randolph
County.
B. Kimberly Griffin was issued Certificate of Coverage AWS760005 by the Division of Water
Quality, under General Permit AWG100000 for KLS Swine Farm on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014.
C. G.S. 143-215.1(a) states that "No person shall do the following things or carry out any of the
following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in the permit: make any outlets into the waters of the
State".
D. Condition No. 1. 1, of General Permit AWG100000 states in part that "Any discharge of waste:
which reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift manmade conveyance, direct application, and direct
discharge or through ditches not otherwise classified as State waters."
E. On January 11, 2013 DWQ staff from the Winston-Salem Regional Office received a
notification from Kimberly Griffin, owner and Operator in Charge (OTC) of KLS Swine Farm,
that approximately 5,000 gallons of swine waste had discharged from an isulation barn and
reached surface waters. The OTC stated that a fill pomp motor was accidently left on (pulling
waste from the lagoon) while the pump out motor was turned off (sending waste back to the
lagoon). This Caused the waste level to rise, allowing waste to discharge through two holes in

the wall of the barn into an unnamed tributary (UT) to Sandy Creek, which are Class WS-111
waters, within the Cape Fear River Basin.
F. Kimberly Griffin had no valid permit for the above -described activity.
G. On January 22, 2013, the Division issued a Notice of Violation/Notice of latent to Enforce
(NOVINOI) to Kimberly Griffin identifying violations of N.C.G.S. 143-215.1 and General
Permit No. A WG 100000.
H. Tire NOVIN01 Notice was sent Certified Mail, return receipt requested and received by
Kimberly Griffin on January 28, 2013.
The cost to the State of the enforcement procedures in this matter totaled $772.93
Based upon the above Findings of Fact, 1 make the following:
IT. CONCLUSIONS OF JAW:
A. Kimberly Griffin is a "person" within the meaning of N.C.G.S, 143-215.6A pursuant to
N.C.G. S..143-212(4).
B. Unnamed tributary to Sandy Creek constitutes waters of the State within the meaning of G.S.
143-215.1 pursuant to G.S. 143-21.2(6).
C. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
D. The above -cited discharge constituted snaking an outlet to waters of the State for purposes of
G.S. 143.215.1(a)(1), for which G.S. I43-215. I requires a permit. The discharge also violated
Condition 1.1 of General Permit AWG100000,
E. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, -conditions, or requirements
of a pen -nit required by N.C.G.S. 143-215.1.
F� N.C.G.S. 143-2 i 5.3(a)(9) and N.C_G.S. 143B-282.1(bXg) provides (hat the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G,S. 143-215.2.
G. The Supervisor of the Animal Deeding Operations Unit, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, has the authority to assess civil penalties in
this matter.

a
Based upon the above Findings of Fact and Conclusions of Law; 1 make the following:
llI. DECISION:
Accordingly, Kimberly Griffin is hereby assessed a civil penalty ❑f
$ I rSQo. I.? ❑ for making an outlet to the waters of the State without a permit as required by
G.S. 143-215.I., and in violation of Condition I.1 of General Permit
AWG 100000.
$ 6-00, 00 TOTAL CIVIL PENALTY which is '3. 43 percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$ 772.93 Enforcement costs
$ T* • °r3 TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B=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 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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,004.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall he transmitted to Kimberly Griffin in
accordance with N.C.G.S. 143-215.6(A)(d).
3 c Ao 13
(Date)
Keith Larick, Supervisor
Animal Feeding Operations Unit
Division of Water Quality

❑WISION OF WATER QUALITY
CIVILPENALTY ASSESSNENT FACTORS
Violator: Kimberly Griffin
County: Randolph
Case Number: DV-2013-0009
Permit Number: AWS760005
ASSESSMENT FACTORS
1) The degree and extent of harsh to the natural resources of the State, to the public health, or to
private property lresulting from the violation;
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e Tow" 10� RoY►"!S'e Zi1'r / V Aar*K LA. .F 11GI'46�
2) The duration and gravity of the violation; ll L
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3) The effect oh ground or surface water quantity or quality or on air quality; _1
Pm no7L 7o/e any �G� Co�1`j� �f4,
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4) Thecostof rectifying the damage;
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5) The amount of money saved by noncompliance; "
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Jo rho., ey a.4 a 5a+•e4l
6) Whether the violation was committed willfully or intentionally; rr
TAe- v i o /a i o n was crlsr e 4cn 11I a Jve-At4 T I�15]� ��• 7 e rsy1
Dwrre�.
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
One .VDD In aa0l D - ir' /Iflawe ft4 2"�yee-loon/
8) The Gast to the State of the enforcement procedures.
$772.93
3ls/J0/3
Date
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Supervisor Name
rev 1.0.8.31.09

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
❑IVISION OF WATER QUALITY
F cbruary g, 2013
Ml?MOItANI UM:
To: Keith I.arick
From: Sherri Knight Vj'-'
Melissa Rosebrock *V
Subject: Recommendation for Civil Penalty.
Case # I)V-2013-0009
KI,S Swine Farm, AWC760005
Randolph County
Please find attached, documents supporting the Winston-Salem Regional Office request
for a civil penalty assessment against Kimberly S. Griffin of KLS Swine Farm for making an
outlet to waters of the State without a permit and for failing to operate the swine farm as a non -
discharge facility. Our investigation concludes that an unpermitted discharge of waste occurred
on January 11, 2013 after a waste -fill pump switch was accidently left on by Ms. Griffin (ovvner
and OIC). The swine waste level rose in the isolation barn, allowing waste to flow from two
openings located in the wall of the barn. An estimated 5,000 gallons of waste entered an
unnamed tributary to Sandy Creek, a class DVS-I11 water within the Cape Fear River Basin.
The violator made immediate efforts to abate the discharge and to mitigate the impact to
water quality. Additionally, repairs and a float switch were subsequently added to prevent future
discharges from the barn. Ms. Griffin vas and continues to be very cooperative and has pro%rided
DWQ with numerous written updates.
While our office acknowledges the actions of the violator in addressing water quality
concerns after the discharge, we believe that Ms. Griffin could have been more proactive in the
management of animal waste before the discharge occurred. For example; she was aware that the
receiving stream is a water supply and concedes that it was suggested, during several inspections,
that the holes in the wall of the isolation barn be capped or plugged, We therefore request that
you initiate appropriate action from'your office and forward the attached package to the Aquifer
Protection Section Chief. The following items are being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
13) A completed "Water Quality Enforcement Case Assessment Factors."
C) Correspondence between the violator and DWQ and a copy of the "NOVINOI letter."
D) Photographs depicting the conditions causing the discharge violation.
Ej Maps denoting the location of KLS Swine Fartn and unpermitted discharge.
Please: contact Melissa lZosebrock in our office for any additional inforniation you may need.
Attachments
cc: Winston-Salern Regional office Facility files

Findings and Decisions
Assessment of Civil Penalties
Attachment A

STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MA'I"I'11R OF
KIMBERLY S. GRIFFIN
FOR VIOLATION OF
NCGS 143-215.1(a)(1)
[,OR MAKING AN Oia'1 L i" 1'O ;
THE WAT'i RS OF THE STATE ;
OF NORTH CAROLINA ;
WITHOUT A PERMIT
AND
}
FOR VIOLATION OF SWINE WASTE )
MANAGEMENT SYSTEM )
GEN°ERAL PERMIT AWG100000 )
PURSUANT TO NORT'I I CAROLINA )
GENERAI. STATUE 143-215.1 }
NORTH CAROLINA
DEPART INTENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. DV-2013-0009
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (I)WQ), I, S. Jay Zimmerman, Chief of the Aquifer
Protection Section of the DWQ, make the following:
FINDINGS OF FACT:
A. Kimberly S, Griffin owns KLS Swine Farm, a permitted swine operation in Randolph County,
B. Kim Griffin was issued Certificate of Coverage AWS760005 by the Division of Water Quality,
under General Permit AWG100000 for KLS Swine Farm on October 1, 2009, effective upon
issuance, with an expiration date of September 30, 2014.
C. North Carolina General Statute (hereafter known as G.S.) 143-215.1(a)(]) states that "No person
shall do any of the following things or carry out any of the following activities unless that person
has received a permit from the Commission and has complied with all conditions set forth in the
permit: Make any outlets into the waters of the State. "
1). Condition I. I. of the General Permit AWG I00000 states in part that "Waste shall not reach
surface waters" and that "The waste collection, treatment, storage, and application system
operated under this General permit shall be effectively maintained as a non -discharge system."

11, On January 11, 2013, staff of the DWQ Winston-Salem Regional Office Aquifer Protection
Section (WSRO-APS) received notification from Kim Griffin, owner and Operator in Charge
(OIC) of KLS Swine Farm, that approximately 5,000 gallons of swine waste had discharged
from an isolation barn and reached surface waters. The OIC stated that a fill pump motor was
accidently left on (pulling waste from the lagoon) while the pump out motor was turned off
(sending waste back to the lagoon). This caused the waste level to rise, allowing waste to
discharge through two holes in the wall of the barn.
F. The unpermitted discharge occurred into ii[l unnamed tributary to Sandy Creek, Class WS-I11
waters, within the Cape Fear River Basin.
G. On January 22, 2013, the Division issued a Notice of Violation/Notice of Intent to F"Inforce
(NOVINOI) to Kim Griffin, identifying violations of G.S. 143-215.1(a) and General Permit No,
AWG100000. The violations include: discharging to waters of the state and failure to operate its
a non -discharge facility, The NOVIN IOI was sent Certified Mail and received by Kim Griffin on
January 28, 2013.
11. DWQ received Ms. Griffin's incident report on January 13, 2013. Waste analysis reports were
received electronically on January 16 and February 4. D11'Q WSRO received Ms. Griffin's
written response to the NOVINOI on February 6, 2013.
The cost to the State for the enforcement procedures in this matter totaled $772.93
Based upon tire above Findings of Fact, I make the following:
li. CONCLUSIONS OF LAW;
A, Kimberly Griffin 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. Sandy Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to
G.S. 143-212(6).
D. Kimberly Griffin violated G.S. 143-215.1(a)(1) by makirig an unpermitted discharge into waters
of the State.
E, Kimberly Griffin 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 twenty-five thousand dollars
($25,000.00) per violation per day 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, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
F. The above -cited failure to operate the facility as a non -discharge system and prevent a discharge
of waste that reached surface waters violated Condition No. 1.1. of General Permit AWG 100000.

G. G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous, a
civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
H. G.S. 143-2 i 5.3(a)(9) and G.S. 143B-282.1(b)(8) provide that the reasonable costs of any
investigation, inspection or monitoring survey may be assessed against a person who violates
any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to G.S. 143-215.1,
or special order or other document issued pursuant to G.S. 143-215.2.
'The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of I-aw, I make the following:
III. DECISION:
Accordingly, Kimberly Griffin 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 and for violating Condition No. I. i . of General Permit
AWG 100000 by (161irig to operate the facility as a non -discharge system.
$ TOTAL CIVIL PFINALTY which is percent of the maximum penalty
authorized by G.S. 143-215.6A.
$ 772.93 ];nforcement costs
$ TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282. 1 (b), which arc:
(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) "file 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.

IV. N*TM
l reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to it maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any othor ride. and statutes for which penalties have not yet been assessed.
V, TPANSIWIT'J'AIJ.
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Kimberly Griffin in
accordance with G,S. 143.215.6(A)(d).
(Ditto) S. Jay Zimmerman, L.G,, Chief
Aquifer Protection Section
Division of Water Quality

Assessment Factors
Attachment B

D[VISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Kimberly S. Griffin
County: Randolph
Case Number: I)V-2013-0009
Permit Number: AWC760005
1)
2)
3)
4)
ASSESSMENT FACTORS
The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violations;
Our investigation confirms that a drinking water source has been contaminated with animal
waste. However, two rain events and several hundred feet of vegetated pasture helped to mitigate
harm to the receiving stream.'
The receiving stream is a class WS-III. Water supply (WS) streams are used as sources of water
supply for drinking, culinary, or food processing purposes. Additionally, WS streams are to he
protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life
including propagation, survival and maintenance of biological integrity and agriculture.
The duration and gravity of the violations;
While the fill -pump motor was accidently left turned "ON" at 3:00 p.m. on January 10, 2013, the
actual discharge from the barn is estimated to have occurred from 8:00 a.m. until 2:00 p.m. Oil
January 11, The OIC immediately stopped the flow of animal waste leaving the barn when the
discharge was discovered at 2:00 p.m. on January 11, 2013. The swath of the discharge was
approximately 6-12 inches wide and f]owcd at least 950 feet until it left the KLS Swine Farm
property. The OIC reported that she observed waste in the UT, approximately 500 feet
downstream of the KLS Swine Farris property line.
The effect on ground or surface water quantity or quality or on air quality;
The 'Town of Ramseur water treatment plant noted no "spikes" in the fecal coliform bacteria in
their intake water after the discharge, No fish kills were reported to or observed by Randolph
County Emergency Services or Randolph County Environmental Health. Foam and waste
remained visible in the spring on KLS Swine farm property three days after the discharge.
The effect on ground or air quality is unknown. The odor was only noticeable near the waste
pools in the fresh water spring.
The cost of rectifying the damage;
Ms. Griffin submitted documentation that she has spent $160.48 to rectify the damage and install
preventative discharge measures. This expenditure does not take into account tier labor cost.
rev 1.0 - 8.31.09

5)
fi ]
7)
8)
The amount of money saved by noncompliance;
Excluding the cost of 23 hours worth of electricity, the OIC's failure to turn off the fill -
pump motor slid not benefit KLS Swine Form financially.
Whether the violations were committer{ willfully or intentionally;
The WSRO does not consider these violations to have been committed willfully or intentionally
but rather an unfortunate accident. The O1C was and continues to be very cooperative with the
discharge investigation.
However, the OIC also concedes that she was told during several previous inspections that the
"potential discharge points" in the isolation barn should be filled or plugged. Additionally, the
WSRO has also requested, on numerous occasions, that the violator c.xoltide cattle from the
spring area so that permanent vegetation might become established. Since the waste application
fields are located uphill from the spring area, it ►vas strongly suggested that a well vegetated
buffer could help absorb the run-off of waste should an accident occur.
The prior record of the Violator in complying or failing to comply with programs over
which the Environmental N-lanagement Commission has regulatory' authority; and
April 2003 — Notice of Violation for inadequate freeboard.
May 2010 — Notice of Deficiency for inadequate freeboard.
The cost to the State of the enforcement procedures.
Investigator —3.5 hours field time $105.04
Investigator — 16 hours enforcement time $480.16
Sherri Knight— i hour for supervisor enforcctncnt reView S 39.71
Mileage — 98 miles @ 0.49 cents/mile S 48.02
Administrative costs S100.99
Total Cost — $772.93
lal�
Supervisor Name
rev 1.0 - 8.31,09

GALA
CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, R E. jo�n E. Skvar;a, ICI
Govemor. DireCtor Secretary
January 22, 2013
CER'1'MED MAIL # 7008 3230 0003 2547 0480
RETURN RECi E-r REQUESTED
Ms. Kim Griffin
KLS Swine F arin
P.O. Box 130
Liberty, NC 27298
SU13J1,"CT: Notice of Violation/Notice of Intent to Enforce
Permit Condition Violation NOV-2413-13V-0014
Certificate of Coverage #AWC760005, Randolph County
Dear Ms. Griffin:
As required by the Swine Waste Management System General Permit ('Permit), our office
received notification from KLS Swine Farm on January 11, 2013 that a discharge had occurred
from the isolation barn that reached surface waters. According to the farm's Discharge Report, a
fill purnp motor (pulling waste, from the lagoon) was mistakenly left on while the pump out
motor (sending waste back to the lagoon) was turned off. This caused the waste level to rise and
enabled the waste to discharge through two Small pipes extending out from the wall of the
isolation barn. Our records indicate that these pipes exist to facilitate an electrical line for the
motor and the return flush pipe back to the lagoon.
Your Discharge Report estimates that approximately 5,000 gallons of swine waste was
discharged into a well vegetated pasture, doNNm a ravines and then continued through a grassed
waterway where the waste then flowed into a fresh water spring. The discharged waste continued
flowing downhill and into an unnamed tributary (UT) to Sandy Greek, a WS-I11(drinking water
supply) stream. The Winston-Salem Regional Office concurs with the details contained
submitted Discharge Report.
During our January 14, 2013 site visit, there was no remaining evidence. of waste having flowed
from the isolation barn to the grassed waterway. Only two areas of the waterway still contained
any visible swine waste. The surface water in the UT leaving the farm displayed no visible foam,
solids, or, algae.
585 waughto:vn $treat
SNins"Sa€em. NoM Camrnna 27107
Phone: [phone]DOD 1 FAX: 336-771ASV
Internet tinrw.ncrraterouar�iv.cra
An Equd Oppomnity `. Affirmative Action Employer
NOne
pr hCarolina
AWA(ralli

K. Griffiri �
January 22, 2013
Page 2 of 3
Violations
1) The unpermitted discharge cited above violates NC General 'Statutes (NCGS) and the
Swine Waste Management System General Permit:
NCGS 143-215.1 (a) - "Activities for Which Permits required. — No person shall do any
of the following things or carry out any of the following activities unless: that person has
received a permit from the Commission and has complied with all conditions set forth in
the permit: (1) Make any outlets into the waters of the State."
Section 1. 1, of the Swine Waste Management System General Permit states that "Waste
shall not reach surface waters or wetlands by runoff, drift, manmade conveyance:, direct
application, direct discharge or through ditches, terraces, or grassed waterways not
classified as state waters.
Corrective Actions:
1) Our office received a Discharge Report on January 13, 2013. The report indicates that the
discharge of waste from the isolation bam was stopped within a few minutes of your
arrival at the farm on January I 1 at 2:00 p.m. The report also states that the fill pump was
turned off immediately and that the pump -out motor was turned on, seeding waste back
to the lago6. The pipes were then plugged to cease any further discharge from the barn.
Our records indicate that DWQ was notified of the discharge at 3:30 p.m. on January 11,
2013. Bales of hay were placed in the waterway in an attempt to slaw down the rate of
run-off. Lime was also spread onto the largest area of waste to kill the fecal coliform
bacteria. The flow of waste through the UT was properly monitored on January t I and 12
and the findings reported to DWQ.
2) During DWQ's site visit of January 14, 2013 a portion of the irassed waterway was
found to lack suitable vegetation due to cattle traffic in and around the waterway. Our
office strongly suggests that cattle be excluded from this area so that a vegetated buffer
can be established. An adequate buffer can help filter any potential discharges from the
barn, lagoon, and application fields in the future.
3) If you have not already done so, afloat or `kill switch" system should be installed in the
isolation brim to prevent potential discharges in the future.
4) During the site visit, DWQ was provided with all requested documentation for rainfall,
freeboard, and application events from December 2012 to present.
5) Per House Bill 1160, DWQ received confirmation that a press release was received by
the Courier'1'ribune in Asheboro. A follow-up article was published by the newspaper on
January 18.
6) Per the Permit, DWQ received a copy of the NCDA Waste Report on January 16. A
reminder that section I11.9.f. of the permit states that monitoring results for additional
parameters must be submitted to DWQ within thirty (30) days of the discharge event.

J.
f'
K. Griffin
January 22; 2013
Page 3 of3•
This office is considering roconimending an assessment of civil penalties against KLS Swine
Farm for the above referenced violations. If you wish to present an explanation for the violations
cited, or if you believe them are other factors which should be considered; please send such
information to me in writing within ten (10) days following rceeipt of this letter. All information
will be reviewed, and, if an enforcement action is still deemed appropriate, your explanation will
be forwarded to the Director with the enforcement package for consideration. Any written
responses)should he sent to my attention at the address shown on the letterhead.
Be advised that NIC General Statutes provide for penalties of up to $25,000 per day per violation
as well as criminal penalties for violations of state environmental laws and regulations. If you
have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-
5000.
ce: APS tAnintal Feeding Opentions Unit
Randolph County MRCS
WSE Facil ty"pil� 3
_ - V .
1 'Q Complete iterits'I; -and 3: Also Complete - ;A:,s1g
Item 4 iF,l�e�strt i6d tietivery Is desired..
�+ Print" nW9,6 di ,d address on the ' • ;JL' reverse'•.
so that we can iBturn the card #a you:. ¢f1li,
Attach this curd to the tack of the mallpleae; ' ;';�'' S.
:fa
or on the front i
� T Space pB its. ss
;C
1. ArticleAddre*�,ed to: t
IIIiS. Kim',Griffin {,
KLs swine Farm i
-i P.O. BoiJ'An
Sincerely,
J. V,b,P L ,
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
-7
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- �L7'Addresses �
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D. Is delivery address ddfowt'fmm Item 1? • la Yes:-;
i!ES, enter deilvery address below,, OSNa W
Liberty, NC 27298 i- 3}'flyed loft :17`Erasa Matl
' ' 1 ; '1 R' istered ; _ ;
� .0 Retum' Reoelpt for Merchandise I
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I P.S Form 381 Z . February 2004 .
[ ° F = r ! , : i p9q= io Retum Receipt'
s s: r 1 i 102%5sC24a-1540 t

Rosehrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, January 11, 2013 4.13 PM
To: Kim Griffin
Cc: Mitchell, Patrick
Subject: Discharge Requirements
Attachments: Anim@I Spill pressRelease.dQc
Kim,
First thing; earthen berm to contain waste. Please let me know how far it traveled (i.e, road/bridge).
Example of press release is attached....submit within 48 hours and copy me. I can review it for you before you send it
to newspaper if you if you want. Discharge was into UT Tunnamed tributary] to Sandy Creek
Samples of waste in lagoon within 72 hours and submit results to DWQ (me) w/in 30 days. (111.9. in permit).
Spill report to me within 5 days (see number 111.9. in permit).
Research and Analytical labs "R & A"
Sid Champion 336.996.2841
Hope this helps. Keep me posted, Thanks,
Melissa
Melissa Rosebrock
-mail Address; melissa.rosebrock(ZDncdenr.gov .
ICDENR Division of Water quality
lliinston-Salem Regional Office
S85 Wauslitown Street, Winston-Salem, NC 27107
336) 771-5289: fax [phone]
Nww.ncwater ualit .or
-mail correspondence to and from this address may be subject to the
Vorth Carolina Public Records !ow and may be disclosed to third parties,

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, ,January 11, 2013 4:25 PM
To: Kim Griffin
Cc: Mitchell, Patrick
Subject. More info for press release
Unnamed Tributary to Sandy Creek, which is classified as WS-lll... in the Cape Fear River Basin.
Melissa Ro_ ebr,5ck
E-rnailAddress: nigli sg.rasebrockencdanr.Pav
NCDE,,NR Division of Water Quality
Winston-5alern Regional Office
585 Waugntown Street, Winston-Salem, NC 27 07
(336) 771-52S9; fax [phone]
www. ncwatergua I itu,ar�
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records law and may be disclosed to third parties.

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, January 11, 2013 8:54 PM
To: kimsgriff
Cc: Mitchell, Patrick
Subject: RE:
Good deal. Thanks for your efforts. As a precaution, I notified emergency management and the Ramseur
water plant since the since the discharge will eventually make it to their water intake. Hopefully by then, it
will have diluted enough that it won't affect their plant.
4s another precaution, would you please treat/cover the waste on the ground with powdered lime? You can
get it from Southern States I believe (others may carry it as well). The lime will help kill the fecal coliform
bacteria. Then if it should rain, any further run-off into the Stream will have been treated. I'm not
2xpecting anyone to be playing in the creek this time of year, but you never know about kayakers and
;anoeists. I would keep track of your expenses for your awn info.
Nere you able to construct a berm to help contain the waste still on the ground?
'lease continue to keep me posted. Thanks.
Melissa
'rom: kimsgriff [[e-mail]]
sent: Friday, January 11, 2013 6:50 PM
'o: Rosebrock, Melissa
subject:
Melissa,
checked the creeks just before dark on the highways and they were no signs of lagoon water. It was clear water. 1
vould say it is about three miles from my place thru the woods to the highway. I will check it again tomorrow morning
nd let u know.
:im Griffin
�cnt from niy Samsung Galaxy Tab 10,1

Rosebrock, Melissa
From; Kim Griffin [[e-mail]]
Sent. Saturday, January 12, 2013 14 30 AM
To: Rosebrock. Melissa
Melissa.
This morning the lagoon water had not reached the creek on the highway. There is clear spring water running and no signs of any
runoff. Most of the areas the lagoon water was absorded into the ground no sign of really standing on ground. The areas that has
high grass and deep pockets(cow prints) is the only area you seen sign of lagoon water. This area is way before the spring start.
l put time in this area to help kill bacteria if futher run-off occurs if it is not absorbed into ground before the next rain next week. I
put quite a few bales of hay to absorb what was left of the runoff. It is so wet and low area that I would have problem with bobcat
working in wet ground. I will put a load of dirt down in the loin area between now and Monday when the sun and weather warms
tomorrow. l will have this ready before the next rain: occurs to cover it all of what left is not absorbed or dried up.
Thanks
Kim

Rosebrock, Melissa
From:
Rosebrock, Melissa
Seen:
Sunday. January 13, 2013 5:44 PM
To:
Kim Griffin
Subject:
RE: Press Release
Attachments:
Press Release - Ian 11,2013.docx
Kim, sounds ok. I made a Couple suggestions in red.
From: Kim Griffin [kimsgrff@aol,com]
Sent: Saturday, January 12, 2413 20:58 AM
To: Rosebrock, Melissa
Subject: Press Release
Melissa,
Attached is the Press release for Courier -Tribune for your review. Aslo I assume that on their website to summit i will use:
Submit a News: Suggested Story Headline- I put Press Release. Text of Release - be Notication.
Kim

Notification of Wastewater Spill in Randolph County
House Bill 1160, which the Genera! Assembly enacted in July 1999, requires that municipalities,
animal operations, industries and others who operate waste handling systems issue news releases when
a waste spill of 1,000 gallons or more reaches surface waters.
In accordance with that regu#ation, the following news release has been prepared and issued to
media in the affected county.
KLS Swine Farm, LLC of Staley had a waste water spill on January 11, 2013 of an estimated 5,000
gallons from a pumping error off of Shady Hallow Road in Randolph County. The untreated animal
waste entered a tributary to Sandy Creek, which is classified as WS-111 in the Cape Fear River Basin,
The Division of Water Quality was notified of the event on January 11, 2013 and is reviewing the
matter. For information contact KLS Swine Farm, LLC at [phone].

Rosebrock, Melissa
From: kimsgdff@aol,com
Sent: Sunday, January.13,,2013,9:40 PM4p
To:RosetirockaMelissa
Subject.: Re: Report
I will see you tomorrow thanks.'
Sent from my Verizon Wireless B1ackBerry
From: "Rosebrock, Melissa" <melissa.rosebrock@iiedeiir. oi->
Date: Mon ;:1,4,Jan-241.3 42:38:03 +OQflO; ; .'T
To: Kiir Griffindi3n if#�r� visa
Subject: RIB: Report
Not at this time. I will probably stop by the farm on Monday around 11:30 or so. I will check in at your
office first and I have NOT been to any swine farms ---in over a month.
From: Kim Griffin [[e-mail]]
Sent: Sunday, January 13, 2013 5:28 PM
To: Rosebrock;
..
Subject: Re: Report
Yes,
I will checked into getting something automatic..
I will correct press release with correction and submit it tonight.
Today, there was no standing water from building down thru pasture, the only standing water was one area where the thick
grass where cows walk is before you get to the spring that feeds that tributary. If there is water still stand in the morning this this
area I place a barrier between that and spring. It was only clear water Tuning from spring down tributary, did not see any holes
with waste water.
Any thing else I need to do?
Kim
---original Message —
From: Rosebrock, Melissa <melissa.rosebvockCc7ncdenr.gov>
To: Kim Griffin skims riff aol.com>
Sent: Sun, Jan 13, 2013.5:08 pm
5 u b ject~' R E:= Rei#l'
Got it, thanks. Just a thought ---is there a way to put an automatic shut off on the pump if it gets too full
again? Sort of like the rain breakers?
From: Kim Griffin [k!msgriNZaol.com]_
Sent: Sunday,9anuary=l3,'1613'12:51IPM'
To: Rosebrock, Melissa
Subject: Report
Melissa,
Report on discharge:

Should have waste analysis back this week.
Samples will be obtained on Monday (1-14-13) and taken to lab.
Kim

KL5 Swine Farm, LLC
Kim Griffin
January 13, 2013
Report on Discharge:
The discharge occurred at the isolation barn where a fill -pump motor was mistakenly left on. The fill -
pump puts lagoon water into the floor to thin waste so waste can then be pumped out into the lagoon,
The fill and remove pump are operated manually. The discharge released around 5,000 gallons. The
discharge came out two 1" pipes extend out the building. The discharge went down into the pasture,
down a raven, continue down a vegetated waterway, meets a spring and then flowed down a unnamed
tributary to Sandy Creek.
The time of the discharge occurred from around 8:00AM to 2:OOPM on January 11, 2013. The pump was
accidently not turned off on January 10, 2013 around 3:OOPM. The isolation barn at the time had very
little waste in the barn s❑ it would have taken all night to fill barn floor up before it starting flowing out
of the barn. There are 3 fill pipes that go into the building but only one pipe was opened, The discharged
was immediately stopped when found on January 11, 2013 at 2:OOPM. The pump out was turned on to
remove waste out of building and pumped into lagoon. The discharge flowing out of barn was
immediately stopped by plugging the pipes where overflowing was occurring.
On January 10, 2013 I (Kira Griffin) was pumping waste out of the isolation barn into the lagoon. I turned
on the fill -pump to put lagoon water into the barn to thin the waste so it could be pumped back out into
the lagoon. The system is turned on manually when operated. For some unknown reason it seems that l
forgot to cut the fill -pump switch off but I did tut the pump -out switch off.
When known of accident steps taken were immediately to turn off fill -pump switch. Pump -out turned
on to help remove waste and primped into lagoon. Pipes plugged so stop from running out of the
building. Due to the fact from raining that day, S bales of hay were placed in the creek pathway to slow
the runoff down. It was hard to get equipment down to this area from being wet to build a earthen
barrier. A lot of the run-off was in the vegetated waterway where thick grass is and that also has
drainage pipe in ground. Also 2 bags of lime were placed in vegetated waterway to kill fecal coliform
bacteria in cases of further run-off or rain. The next morning there were no signs of anymore run-off.
Clean spring water was running down tributary and no run-off was seen in tributary on highway. The
second morning(Sunday) no further runoff seen, lime still in place, some absorbing and drying in the
thick grass.
The future prevention of this situation would be to remember to always turn off the fill-in and pump -out
switches and to always double check.

r
ecembuz"w 201 2 � �•��� � ��}`
EF E
7f,
Date: Rainfall ToWi
Lagoon Depth: {1)_(2)_(3)_(4)•_
Rainfall
Fumped Lagoon
Structural Check Initials -
Notes.
33&W
3
4
5
6
7
8
Date, Rainfall Total:2
Rainfall—_
RAWAll
Rainfatl__
Rainfall--
Rainfall—_
Lagoon,Depth: (1) '(2) % (3)_(4)_
pumped L {7r K 114
Pw jwd t, apoon
Pumped Lagoon
llumyed Lagoon
Pumped Lagoon
Pumped Lagoon,
Pi.ved Lagoon
Structural Check Initials,
Notes;
337)29
1
337R7
34026
XIAM
34224
U=
9
10
11
12
13
5
Date: Rainfall Total:
I
Lapon Depth: (1)_(2)_i3)_(4)_
Purnp,w Lw(mjn
Pj"L"'C! t aKpm
Pumpoo; aqpon
Pu�)peo LaGpx'n
Purpwl l.agppA
P-V.-.d Lou--
Pumped Lanoof,
Structural Cheek Initials:
Notes:
3MM
301M
3MZ
30WO
MM
-16
17
18
20
22
Date: Total:
RainlM
.19
R;iinM_
RoWaO
RaRftfl__._
_Rainfall
1 Lagoon Depth! �1). (2)_i3)_(4)_
Pumped Lrpg-x;r,
i,vqLx)n
Pjrnoad Ljqmn
Popr4md UHPW
Purnparl UngDorj
Pjnpad L-aQ&&n
P,4anped Lagoon
Structural Check tnitlais:
Notes:
Date: —Rainfall Total:
23
24
25
2
.
27
28 Fdmm
29 ez-,,-.
LO Iv
Lagoon Depth: (1)_(2)_(3)_(4)_
P(ampW Lagoon
P�nW. Lagoon
Pumped Lagoon
Pumped Lagcvn
Pumped Lagoon
Parnpeo Lagoon
Dumped Lagoon
Structuial Chock lnfttals-.
Notes:
3517
36R'S
36 F's
3SM
J"a.
30�`�
31
S M T W T F -S
- M1 �nwry-ml?
S M •T w T:',,' F 'S
Date: 'L. Rilnfall Total:
1 2 31.
1 2 $ -C4 S
Lagoon. De,pthz! (1)
if 11' 13 14 1 17
13 it Ti sk is
Struciviril Che6k Inillaia:
21 his tl� .
N at".
,7

January 2013
Office DEpom
Sunday
Monday -
Tuesday
Wednesday
Thursday
Friday
Saturday
01 wl INo. Y■srsDay
02'w
03 Ow
04 0D4
05 Om
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20
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22 `m
23 m
24
25 °
26�
27 027
28 ose
29 r29
30 m
31 m,
01 ::4
02 cm

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Wednesday, January 16, 2013 11:15 AM
To: 'Kim Griffin'
Subject: RE: Waste Analysis Report
Thanks. Looks "normal" for a swine farm I think?
Melissa Rosebrock
E-mail Address: melissa,[e-mail]
ncdenr.gov
NCDENR Division of Water quality
Winston-Salem Regional office
585 Waughtown Street, Winston-Salem, NC 27107
336j 771-5289; fax [phone]
www ;ncwateraual iIy.orA
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Kim Griffin [ ailt ,Kim riffaol.com]
Sent: Wednesday, January 16, 2013 9:57 AM
To: Rosebrock, Melissa
Subject: Waste Analysis Report
Melissa.
Copy of the current waste analysis.
1X Mdvem 11re

`lNCDABCSAgmnomic Dlvlalen"xt aaphotk t(919)7332858( We0N1e 'M1ewvrneagrgoefagrorwm0 ci',:'a q.
Report NwFY73AN004225-'
.`
} .. - Y'' *• Cperrt KLS S m. Fame LLC - Aphi
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Rosebrock, Melissa
From, Kim Griffin [[e-mail]]
Sent: Monday, February 04, 2013 11.31 AM
To: Rosebrock, Melissa
Subject: Revised LAB report
Attachments: Revised Lab Report.jpg
Melissa,
New revised report from RA Labs. Called and said misread the Fecal count. Sending new copy.
A'so, my le!ler who's attention do I send it to Sheri or you?
Kim

i 02/01/2013 10:12 336-9960326 R & A LABORATORIES PAGE 01/92
RESEAWh & ANA1YTiCA[ o A
UbmmoWws, ING
Aneyticauprocess cansvitations
XLS SWine Farm LLC
Date Sample Collected
01/14/13
P.O. Box 130
Date Sample Received
01/14/13
Liberty, NC 27299
Data Sample Analyzed
01/14/13
Attn: Rim Griffin
Date of Report
01/24/13
Analyaes Performed by
SA -DW -YJ -Zp -.SS -3rL.
Lab Sample Number
748684
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Results
SOD-$ (00310)
630 tmg/l
VO-3-N (00620)
<0.050 mg/1
TSS (00530)
360 mg/1
XR-3-N 1 00610)
943 mg/1
Phoa,Tot �00665)
9.13 mg/X
TXN 00625)
1,290 mg/l
Fee col i-Mpx 131615)
240,000 MPN/I00 ml
---------------------
Clients Sample Source , Number CEI F�Of E3VF;�Cir1Vi=L�
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Time Collected (Hro) 1355
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Winston-Salem x'
. Regional 4111ce
PQ Box 473 • 106 Short 3tireet • Klarnw-Wie. North Carnfina 27294 • 338- 906.2 B41 • Fax 3313•9135.0326
www.rendaii5ba.com .rendaleba.com
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To: North Carolina Department of Environment and Natural Resources IPIECXt" �:o
Division of Water quality N.0. o" pi.ui rugn
From: Kim Griffin
KLS Swine Farm, LLC Fteg-'Un::! o•tice
Subject: Notice of Violations /Notice of Intent to Enforce
Date; February 1, 2013
I am writing an explanation for the violations cited against KLS Swine Farm, LLC_ On January 10,
2013, 1 (Kim Griffin AWS #23281) was working in the isolation barn to remove waste from the
barn. This barn has a fill pump motor (pulling waste water from the lagoon) and a pump -out
motor [sending waste water back into the lagoon] that is used. At 1:00PM that afternoon, I
turned on the fill pump motor to thin the waste to be pumped out into the lagoon. I was
working for two hours pumping waste out of the barn for arrival of gifts the next day. I normally
run the fill pump motor for a few minutes and then shut off while I am pumping out waste. I do
this a few times cutting on and off the fill pump motor while pumping out waste. I am always in
the barn during this procedure the whole time.
The last time I turned on the fill pump motor to put waste water in and then to pump waste
water out for the final time, I inadvertently forgot to turn the fill pump off which caused the
accidental discharge. I did however cut the pump out motor off_ This was around 3:OOPM on
January 10, 2013; the fill pump ran all night with one value open out of three values that pump
waste water into the barn. The waste level was very low due to pumping out that day, which
took all night to fill floor up to maximum level_ The waste water started flowing out of two
small pipes that extend out the building that morning on January 11, 2013. The accidental
discharge was corning out of a pipe to facilitate an electrical line for the pump out motor and
return flush pipe back to the lagoon. My employee did not find this discharge until 2:OOPM and
immediately turned off.
On the morning of January 11, 2013, 1 was not at work as I normally would have been because I
was at the hospital early that morning with my husband who was having out -patient surgery. l
would have found this problem first thing that morning if t was at work because I still had a few
things I could do to finish prior to arrival of gilts. I did not return home from hospital with my
husband until 1:30 PM that afternoon. My employee called me a few minutes after 2:OOPM
when he found the accidental discharge situation. I immediately went to farm to take action on
this matter.

!When I arrived at farm, I found waste water flowing through two small pipes extending out
from wall of the barn, I immediately plugged the two opening to stop the discharge flow and
turned on the pump out motor to get the level of waste below the two openings. This action I
performed immediately stopped the discharge From barn, I proceeded to see how far the
discharge waste was running into pasture. I found the discharge waste flowing down a well
vegetated pasture, Clown a ravine and continuing through a well grassed waterway where
discharge had reached the fresh water spring. The discharge waste continued flowing downhill
and into an unnamed tributary to Sandy Creek stream. I continued walking onto the adjacent
property around 500 ft. and observed that discharge water was slowing running down the
creek. I immediately called at 3.30 PM to notify Melissa Rosebrock at the Winston Salem office
of this accidental discharge. I told Melissa what had happened and that 5,000 gallons of waste
water had been discharged. I also informed Melissa of the steps already taken to stop the
discharge. She informed me to try to do an earthen berm to contain the discharge. Due to rain,
where the area was located there was no way to get equipment down there to construct a
berm. 5o I went and purchased 8 bales of straw to be placed in areas to slow, catch and
contain discharge water which now is around 4:30PM. I then proceeded to check on highway
where the creek flows and found that no discharge has reached the highway which now is
around 5:OOPM. I returned back to farm to see that the pump out motor had reduced the level
way below the pipe openings and observed no more immediately danger of discharge and cut
the pump out motor off which is now around 5:30PM. Being close to dark I went back on
highway again to check the creek and still found no evidence of discharge waste flowing it was
clear creek water. I emailed Melissa that evening that there was no evidence discharge has
reached the highway where creek flows.
The next morning recommended by Melissa Rosebrock, I purchased four bags of powdered lime
to treat and cover the grassed waterway areas that is before the fresh water spring that will
help kill the fetal coli form bacteria. I then checked the bales of straw and also observed that no
evidence of discharge waste water only clear spring water running, I went back to highway to
see if any discharge waste water had reached during the night and there was still no evidence
of waste water only clear running water. I also emailed Melissa on Saturday, January 12-2013
that no discharge had reached the creek at the highway and lime had been spread.
On January 14, 2013, Melissa Rosebrock and Patrick Mitchell come to farm to inspect site and
found no remaining evidence of waste having flowed from the isolation barn. She instructed me
on the corrections need to be performed so this would not happen again.
1. A float has been installed to the electrical switch for the fill pump motor to cut off at a
certain level when reach to prevent potential future discharge.( See attached pictures —
before and after )

2. To plug the two small pipes opening with silicone that extends out thru the wall. (See
attached pictures — Before and after)
3. To remove spigot and replace with cap and to replace air clean out value with cap. (See
attached pictures — Before and after)
Required Actions Taken:
1. Press release submitted within 48 hrs and follow-up article in newspaper on January 18,
2013 (See attached copies).
2. Sample of waste from lagoon taken within 72 hrs. Taken and delivered on January 14,
2013 to Research and Analytical Labs in Kernerville, NC. Lab report returned with
analysis on January 24, 2013. (See attached cost receipt and lab report).
3. Recent NCDA Waste Report sent on January 16, 2013.(See attached copy)
4. Receipts attached of all expenses required to make corrections so this would not
happen in future.
S. All copies of corresponding materials with Melissa Rosebrock.
6. Copy of Melissa Rosebrock Incident Report dated January 17, 2013.
7. Fulfill preventative measures as outlined by DWQ during inspection on January 14,
2013.
I respectfully request upon review on my explanation of actions taken upon discovery of the
discharge, actions taken to immediately stop and correct the discharge. My cooperative efforts
in working with ❑WQ staff, and efforts and expense taken as preventative measures to ensure
that this does not occur again, that you office not recommend as assessment of civil penalties
against US Swine Farm at this time.
Sincerely,
��4p-
Kim Griffin
AWS # 28381
KLS Swine Farm, LLC

?"S5 P--OdeAb e-
� JylfY ad 33
Notification of Wastewater Spill in Randolph County
House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities,
animal operations, industries and others who operate waste handling systems issue news releases when
a waste spill of 1,000 gallons or more reaches surface waters.
In accordance with that regulation, the following news release has been prepared and issued to
media in the affected county.
KLS Swine Farm, LLC of Staley had a waste water spill on January 11., 2013 of an estimated 5,000
gallons from a pumping error off of Shady Hallow Road in Randolph County. The untreated animal
waste entered a tributary to Sandy Creek, which is classified as WS-Ill in the Cape Fear River Basin.
The Division of Water Quality was notified of the event on January 11, 2013 and is reviewing the
matter. For information contact KLS Swine Farm, LLC at [phone].

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KLS Swine Farm LLC Date Sample Collected c 01/14/13
P'0. Sox 130 Data Sample Received : 01/14/13
Liberty, NC 27298 Date Sample Analy2ed : 01./14/13
Attn; Kim Griffin Date of Report : 01/24/13
Analyses Performed by ; SA -DW -YS -ZP -MS -XL
Lab Sample Number
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Page 1 of 2
Kim,
First thing: earthen berm to contain waste. Please let me know how far it traveled (i.e.
road/bridge)..
Example of press release is attached... ,submit within 48 hours and copy me. I can review it
for you before you send it to newspaper if you if you want. Discharge was into UT
unnamed tributaEr_yti to Sandy Creek
Samples of waste in lagoon within 72 hours and submit results to DWQ (me) Win 30 days.
(111.9. in permit),
Spill report to me within 5 days (see number 111.9. in permit).
Research and Analytical Labs "R & A°
Sid Champion 336.996,2841
Hope this helps. Keep me posted. Thanks,
Melissa
Melissa Rosebrock
E-mail Address: meliss .rosebrock _ ncdenr,gQv
NGDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]: fax (335] 771-4630
hitp://ninii.aol.com/37309-11 llaol-Glen-uslSuite.aspx 2/3/2013

1E: Page l of 1
From. Rosebrock, Melissa <[e-mail]>
To: kimsgrifE <[e-mail]7
Cc, Mitchell, Patrick <Patrick.Mitche1) NCDENR.gov>
Subject: RE:
Date, Fri, Jan 11, 2013 8:53 pm
Good deal. Thanks for your efforts. As a precaution, I notified emergency management
and the Ramseur water plant since the since the discharge will eventually make it to their
water intake. Hopefully by then, it will have diluted enough that it won't affect their plant.
As another precaution, would you please treat/cover the waste on the ground with
powdered lime? You can get it from Southern States I believe (others may carry it as well).
The lime will help kill the fecal coliform bacteria. Then if it should rain, any further run-off
into the stream will have been treated. I'm not expecting anyone to be playing in the creek
this time of year, but you never know about kayakers and canoeists. I would keep track of
your expenses for your own info.
Were you able to construct a berm to help contain the waste still on the ground?
Please continue to keep me posted. Thanks.
Melissa
From. kimsgriff (kimnrifffta_Qi.corn)
Sent: Friday, January 11, 2013 6:50 PM
To: Rosebmck, Melissa
Subject:
Melissa,
i checked the creeks just before darn on the highways and they were no signs of logoon water. It was
clear water, I would say it is about three miles from my place thra the woods to the highway. I will
check it again tomorrow morning and let u know_
Kim Griffin
Sent from my Samsung Galaxy Tab 10. l
http://mail.aol.com/37309-11 1Iaol-6len-rislmaii/PrintMessage.aspx 213/2013

ft i.: Page 1 of 1
From: Rosebrock, Melissa <[e-mail]?
To: Kim Griffin <[e-mail]
Subject: RE:
Date: Sun, Jan 13, 2013 4:58 pm
Kim, Were you able to work any more? It is supposed to be rainy Monday -Wednesday.
Thanks for checking on things.
Melissa
From: Kim Griffin [kirnsgriffRaol,comti
Sent: Saturday, January 12, 2013 10:30 AM
To: Rosebrock, Melissa
Subject:
Melissa,
This morning the lagoon'water had not reached the creek on the highway. Where is clear spring water running
and no signs of any runoff. Most of the areas the lagoon water was absorded into the ground no sign of really
standing on ground. The areas that has high grass and deep pockets(cow prints) is the only area you seen
sign of lagoon water. This area is way before the spring start. I put lime in this area to help kill bacteria if father
run-off occurs if it is not absorbed into ground before the next rain next week. I put quite a few bales of hay to
absorb what was left of the runoff. It is so wet and low area that l would have problem with bobcat working in
wet ground. i will put a load of dirt down in the low area between now and Monday when the sun and weather
warms tomorrow. I will have this ready before the next rain occurs to cover if all of what left is not absorbed or
dried up.
Thanks
Kim
http://mail.aot.com/37309-11 I/aol-S/en-usfmaiYPrintMessage.aspx 2/3/2013

Rl?: Report Page I of 1
From: Rosebrock, Melissa <[e-mail]>
To: Kim Griffin -kimsgriff@aof,com>
Subject: RE: Report
Date: Sun, Jan 13, 2013 5:08 gm
Got it, thanks. Just a thought ---is there a way to put an automatic shut off on the pump if it
gets too full again? Sort of like the rain breakers?
From: Kim Griffin [[e-mail]]
Sent: Sunday, January 13, 2013 12:51 PM
To: Rosehrock, Melissa
Subject: Report
Melissa,
Report on discharge:
Should have waste analysis back this week.
Samples will be obtained on Monday (1-14-13) and taken to lab.
Irig 11
http:lft37ai 1.aol.com137309-1111aol-6/eii-us/mail/PrintMessage,aspx 21312013

lt1a: Itcpori Page I of 1
From: Rosebrock, Melissa <melissa.rosebrockaa nedenr.gov>
To: Kim Griffin <[e-mail]>
Subject: RE: Report
Date: Sun, Jan 13, 2013 9:38 pm
Not at this time. I will provably stop by the farm on Monday around 11:30 or so. I will
check in at your office first and I have NOT been to any swine farms ---in over a month.
From: Kim Griffin Wmsgriff�aol.com]
Sent: Sunday, January 13, 2013 5:28 PM
To: Rosebrock, Melissa
Subject: Re: Report
Yes,
I will checked into getting something automatic.
1 will correct press release with correction and submit it tonight.
Today, there was no standing water from building down thru pasture, the only standing water was one area
where the thick grass where cows walk is before you get to the spring that feeds that tributary. If there is water
still stand in the morning this this area i place a barrier between that and spring. It was only clear water Tuning
from spring down tributary, did not see any holes with waste water.
Any thing else I need to do?
Kim
-----Original Message -----
From: Rosebrock, Melissa <melissa.rose brockiQnadenrgop
To: Kim Griffin Ekimsgnff0_aoLcorm>
Sent: Sun, Jan 13, 2013 5:08 pm
Subject: RE: Report
Got it, thanks. Just a thought ---is there a way to put an automatic shut off on the pump if it
gets too full again? Sort of like the rain breakers?
From: Kim Griffin 1kimsariff�a7aol cgm1
Sent: Sunday, January 13, 2013 12,51 PM
To: Rosebrock, Melissa
Subject: Report
Melissa,
Report on discharge:
Should have waste analysis back this week,
Samples will be obtained on Monday (1-14-13) and taken to lab.
IIN ra
http://mail.aol.com137309-1111aol-41cn-uslmztitl?rintNiessage.aslax 2/3/2013

Report
Page IofI
From: Kira Griffin <kirnsgriff@acLcom>
To: Melissa .Rosebrock <Melissa.Rosebrocka@ncdenr,gov>
Subject: Report
Date: Sun, Jan 13. 2013 12:51 pm
Attachments: DisCharge.-01-11-2013.docx (I6K)
Melissa,
Report on discharge:
Should have waste analysis hack this week.
Samples will be obtained on Monday (1-14-13) and taken to lab.
Kim
http:HrnaiLaol.com/37309-1111aol-6/en-uslmaillPrintMessagc.aspx 2/4/2013

KL5 Swine Farm, LLC
Kim Griffin
January 13, 2013
Report on Discharge;
The discharge occurred at the isolation barn where a fill -pump motor was mistakenly left on. The fill -
pump puts lagoon water into the floor to thin waste so waste can then be pumped out into the lagoon.
The fill and remove pump are operated manually. The discharge released around 5,000 gallons. The
discharge came out two 1" pipes extend out the building_ The discharge went down into the pasture,
down a raven, continue dawn a vegetated waterway, meets a spring and then flowed down a unnamed
tributary to Sandy Creek.
The time of the discharge occurred from around 8:OOAM to 2:OOPM on January 11, 2013. The pump was
accidently not turned off on January 10, 2013 around 3;OOPM. The isolation barn at the time had very
little waste in the barn so it would have taken all night to fill barn floor up before it starting flowing out
of the barn. There are 3 fill pipes that go into the building but only one pipe was opened. The discharged
was immediately stopped when found on January 11, 2013 at 2:00PM. The pump out was turned on to
remove waste out of building and pumped into lagoon. The discharge flowing out of barn was
immediately stopped by plugging the pipes where overflowing was occurring.
On January 10, 2013 1 (Kim Griffin) was pumping waste out of the isolation barn into the lagoon. I turned
on the fill -pump to put lagoon water into the barn to thin the waste so it could be pumped back out into
the lagoon. The system is turned on manually when operated. For some unknown reason it seems that l
forgot to cut the fill -pump switch off but I did cut the pump -out switch off.
When known of accident steps taken were immediately to turn off fill -pump switch. Pump -out turned
on to help remove waste and pumped into lagoon. Pipes plugged so stop from running out of the
building. Due to the fact from raining that day, 8 bales of hay were placed in the creek pathway to slow
the runoff down. It was hard to get equipment clown to this area from being wet to build a earthen
harrier. A lot of the run-off was in the vegetated waterway where thick grass is and that also has
drainage pipe in ground. Also 2 bags of lime were placed in vegetated waterway to kill fecal coliform
bacteria in cases of further run-off or rain. The next morning there were no signs of anymore run-off.
Clean spring water was running down tributary and no run-off was seen in tributary on highway. The
second morning(Sunday) no further runoff seen, lime still in place, some absorbing and drying in the
thick grass.
The future prevention of this situation would be to remember to always turn off the fill-in and pump -out
switches and to always double check.

IN Division of Water Quality
Division of $ail and Water Conservation
❑ Other Agency
Facility Number : 78Q17ti5 Facility Status: Active _ Permit: AWS76QD05 ❑ Denied Access
Inspection Type: Corn2liLince In5pectioa inactive or Closed Bate:
Roason for Visit: Erne[geacy County: Randolph Region;Win5ton-Salem
Date of Visit: 011112012 Entry Time: 11: §.AM. Exit Time: OLDO PM Incident #:
Farm Name: KLS Swim Farm Owner Email: W§griffL8add&cm
Owner: Kira Grif(1fL-_ - _ _ Phone: [phone] -i
T M II. . ommZe7 233ii<I+ R •Q i iL� �� : r
Physical Address: 9 t alay N, 27355
Facility Status: ❑ Compliant ® Not Compliant Integrator: Carolir.�LHoward
Location of Farm: Latitude: °4 '43" Longitude: 79°37'32"
Farm Location: SR 2543 - Shady Hollow Road. From GSO, take US Hwy 421 south to Old Liberty Rd. and take right. Take left onto
Brower Meadow Rd. Left onto Sandy Creek Rd., right ontoShady Hollow Rd.
Question Areas:
Dischrge & Stream Impacts ® Waste Cal, Stor, & Treat jj Other Issues
Certified Operator: Kimberly S. Griffin Operator Certification Number: 23281
Secondary OiC(s):
On -Site Representative(s): Tame Title Phone
24 hour contact name Kim Griffin Phone:
On -site represenlative Kim Griffin Phone:
Primary Inspector: Melissa Rosebrock Phone,
inspector Signature:
Secondary Inspector(s):
Patrick Mitchell
Date:
Phone:
Page; 1

Permit: AWS760005 Owner - Facility: Kim Griffin Facility Number: 760005
inspection Date: 01/1412013 inspection Type: compmence Inspection Reason for Visit: Emergency
inspection Summary:
1. - 3. Today's emergency visit was the result of a discharge into an unnamed tributary {UT} to Sandy Creek, class WSJ II waters, in the
Cape Fear River Basin. The discharge occurred as a result of waste flowing out holes in the waiis of the isolation gift barn duo to the
flush pump being left on from approximately 3:00pm on Thursday January 10, 2013 until 1:00pm on Friday January 11, 2013. The
holes were in place to facilitate electrical lines and the return flush pipe back to the lagoon. The OIC, Kim Griffin, estimates that the
waste discharged from the isolation barn between 8:00am•10:00am on Friday 111112013.
The Rush pump is used to pump water from the waste lagoon into the isolation barn so that the waste becomes fluid enough to then
pump it back to the lagoon for treatment and storage. The isolation bafn is flushed/purnped about once every two weeks and this
procedure has been going on for the last four to five years,
The discharge was discovered by farm employees at 1.00pm on 1/1112013. Ms. Griffin. was notified of discharge at 2:00pm and
immediately ask the employee to turn the pump off. She was onsite by 2:10pm. The QIC then tracked ttfe discharge into a wooded
area on a neighboring prop(My. She notified WSR0-DWQ of the incident at 3:29pm. DW4 notified the Ramseur WTP and Captain
Jared Byrd with Randolph County Emergency Services at approximately 5:00pm on 1/11/2013. DWQ Surface Water and DENR Public
Water Supply staff were also made aware of the incident. Emergency Services also notified Wayne Jones with Randolph County
Environmental Health about the discharge.
On Ill1/2013. Ms. Griffin was Instructed by DWO to try to track the discharge to the furthest point before sundown. We also ask her to
construct an earthen berm, if necessary, to exclude any additional waste from the UT. DWQ reviewed the permit requirements for
responding to a discharge with Ms. Griffin. Ms. Griffin was in contact with DWQ throughout the weekend with updates regarding the
use of lime on the waste, hay bales to slaw the flow of waste, and additional tracking of the waste on Saturday 1/12/2013. She
submitted a spill report and press release as required by the permit. The OIC was and has been very cooperative.
The discharge stream was about 6-12 inches wide and flawed AT LEAST 950 feet until it left KLS Swine property. However, waste
was NOT observed in the UT at the bridge on Ramseur -Julian Road, approximately 1.1 miles from the isolation barn at KLS Swine.
No fish kills were observed or reported and the water treatment plant did not report any unusual readings. Very little waste and foam
was observed in the UT on the farm property on 111412013. It should be noted that it rained at KLS Swine on 1111/2013 and 1114/2013,
DWQ staff met with Ms. Griffin on 1/14/2013 and requested that the following repairs and preventative measures be implemented: 1) a
cap be placed on the clean out valve; 2) that the electrical pipe hole be plugged; 3] remove the spigot and replace with cap; 4) that the
area surrounding the returnlexit pipe be plugged; and "'5) that a float and "kill switch" be installed in the Isolation barn or on the
pump. The OIC also provided DWQ with lagoon level, rainfall, and application records as requested on 111412013.
A predictive waste report (i.e. waste analysis) was received by DWQ on 1/16/2013
Page: 2

Permit: AWS760005 Owner - Facility: Kim Griffin
Facility Number. 760005
Inspection Date: 01/14/2013 inspection Type: Compliance Inspection Reason for Visit: Emergency
Waste Structures
Designed Observed
Type Identifier Closed Date Start Date Froeboard Freeboard
Lago",
LAGOON 33.00
Page: 3

Permit: AWS760005 Owner • Facility: Kim Griffin Facility Number. 760005
Inspection Date: 01/14/2013 Inspection Type, Compliance inspection Reason for Visit: Emergency
Discharges & Stream Impacts Yes No HA NE
1. is any discharge observed from any part of the operation? ® ❑ ❑ ❑
Discharge originated at:
Structure ❑
Application Field ❑
Other 13
a_ Was conveyance man-made? 13 ❑ n
b. Did discharge reach Waters of the State? (if yes, notify DWq) ®❑ fl ❑
c. What is the estimated volume that reached waters of the State (gallons)? 5200
d. Does discharge bypass the waste management system? (if yes. nottfy DWO) ®❑ ❑ ❑
2, Is there evidence of a past discharge from any part of the operation? ®❑ ❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than El ❑ rl ❑
from a discharge?
Waste Collection, Storage & Treatment Yes No NA NE
4, Is storage capacity less than adequate? ❑ 83 fl
If yes. is waste level into structural freeboard? ❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e.l large trees, severe ❑ 0 0 ❑
erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a waste management ❑ ®❑ ❑
or closure plan?
7. Do any of the structures need maintenanco or improvement? ❑ ®❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ®❑ ❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or it ®❑ ❑
improvement?
n�L..._ ..... .... Yaa Ain AiA MF
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report ❑ ❑ ❑
mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? if yes, contact a regional 1] ®❑ ❑
Air quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? (i.e., discharge, ❑ M n ❑
freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? ❑ ❑ ❑
If yes, check the appropriate box below.
Application Field 1=
Page: 4

Permit: AWS760005 Owner • Facility: Kim Griffin
Inspection Date: 01114/2013 Inspection Type: Compliance inspection
Otherlssues
Lagoon ! Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
33. Did the Reviewerllnspector fall to discuss review/inspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Facility Number : 760005
Reason for Visit: Emergency
Yes No NA NE
Page: 5

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01/1412013
#r ter' Waste lagoon.
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Photo taken after two rain events.
5

KL$ Swine Farm DV-2013-0009
01 /14/2013
u

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01/14/2013
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I

KLS Swine Farm ❑V-2013-0009
01/14/2013
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01/14/2013
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01/14/2013
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12

Randolph County, NC - Printable Parcel Map
The data collection used to produce this media was last updated on 01/29/2013 @ 5:00:03 AM; I
_
Parcel ID Kbr
8715401606
Owner Name
KLS SWINE FARM LLC
Owner Address
P o BOX 130
owner City/St/23p
LIBERTY, NC 27298
Property Description
R2543:END OF FAD
T
Area Location Map
Map Legend
MunicipalitieFE
Outlined
Parcel Car►erage{s)f
Addresses
K►
$
Parcel Annotation
f�.s Lot Dimensions
�`�
,fi r .i 1� +� u' ei ��
} } e'S'
Lot Numbers
Parcel Numbers
u+Z
Parcel Lot Lines
Legal Lot Lines
V.
® Subdivisions
{outlined)
Tax Parcels
Water Coveragels]
wc, ,
,;_• - -.•:ei �,�,�r
,;
Flood Zones q 1001500
Year)
Flood Way (AEFW)
Base 100 Year
Other - 500 Year
r (Shaded K)
Other Coverage(A)
a 2007 Aerial Photos
Date/Time Stamp
1/29/2013 11:29:19
AM EST
%t:rslon 5.2 (August 2012)
Server. 01
Al information on this media is prepared to the inventory of real property found within Randolph County. AA data, including maps, is
compiled firm recorded deeds, plats, and other public records and data. users of this data are hereby notified that 0*
aforementioned public primary information sources should be consulted for verification of the information. All information contained
herein was created for the County 's internal use. Randolph County, its agents and employees make no warranty as fa tfhe
correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including without
limitation the irnpbed warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in
accordance wllh North Carolina General Statute 132.14. Grid is based on North Carolina State Plane NA083.
Ciase VVldow

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Oelum: MADZ! Copyright (C) 2009 MyTopo

CA201210705944 5(),1D: 0578887
Date Filed: 4/16/2012 11:11:00 AM
Elaine F, Marshall
LIMITED LIABILITY COMPANY ANNUAL R North Caroline, Secretary of State
0 A201210705 44
NAME OF LIMITED LIABILITY COMPANY: II7 S Swine Fornt, L.L.C.
SECRETARY OF STATE 10 NUMBER: 0578887
REPORT FOR THE YEAR: 2012
STATE OF FORMATION: NC
1. NAME OF REGISTEREO AGENT: MMSI RLY S GRIFFIN
2. SIGNATURE OF THE NEW RI=G[STEREO AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
3565 Old Liberty Rd
Liberty, NC 27298 Randolph
h����fi�il���i 1�Ji�fF I • E : i. = i�i �
FWQ officeU" orh
Ganges
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
1. DESCRIPTION OF. NATURE OF BUSINESS: Swine production
3565 Old Liberty Rd
Liberty, NC 27298 -
2. PRINCIPAL OFFICE PHONE NUMBER: (336) 62241891 3. PRINCIPAL OFFICE EMAIL:
4, PRINCIPAL OFFICE STREET ADDRESS A COUNTY
5239 5hady Hollow Road
Raley, NC 27355 Randolph
5. PRINCIPAL OFFICE MAILING ADDRESS
PO Box 130
Liberty, NC 27298
SECTION C: MANAGS4111 (Enter aril"tionalManageerslMembers/Organcters In Section E.)
NAME i fmberlyS. Grim NAME'
TITLE: AfemherlMunager TITLE:
ADDRESS:
P 0 Box 369
LlbeRy, NC Z7t98
ADDRESS:
NAM E:
TITLE:
ADDRESS:
SECTION D: 0RL Section D mast be aofmplet In its entirety by a personlbusiness entity.
SIG UfiE DATE
Form rnu14 be signed by a Manager1MemW listed Loder Section C of fhiip farm.
PrinI or Type Name of Martagermefter TITLE
THIS ENTITY GOES NOTOUALIFY FOR THE 201 S ANNUAL REPORT FILING FEE EXEMPTION GRANTED VNOER SL2010-31
$-IjBhS]TTH1S ANNUAL REPORT yyfiFi-I1SE REQ�I�EJ1„IHG��.4.E324(y
MAIL TO: 8scmiary of State, CorporaWs Oi&bw, Pest Oltca 6ox29625. Refeigtt NO 27626-06M

To: North Carolina Department of Environment and Natural Resources RECEIVED
Division of Water Quality N.C. Dept. of ENR
FEB 0 6 2013
From: Kim Griffin
KLS Swine Farm LRegion; satcm
Farm, Regfo��:l oftfse
Subject: Notice of Violations /Notice of Intent to Enforce
Date: February 1, 2013
I am writing an explanation for the violations cited against KLS Swine Farm, LLC. On January 10,
2013, 1 (Kim Griffin AWS #23281) was working in the isolation barn to remove waste from the
barn. This barn has a fill pump motor (pulling waste water from the lagoon) and a pump -out
motor (sending waste water back into the lagoon) that is used. At 1:0013M that afternoon, l
turned on the fill pump motor to thin the waste to be pumped out into the lagoon. I was
working for two hours pumping waste out of the barn for arrival of gilts the next day. I normally
run the fill pump motor for a few minutes and then shut off while I am pumping out waste. I do
this a few times cutting on and off the fill pump motor while pumping out waste. 1 am always in
the barn during this procedure the whole time.
The last time I turned on the fill pump motor to put waste water in and then to pump waste
water out for the final time, I inadvertently forgot to turn the fill pump off which caused the
accidental discharge. I did however cut the pump out motor off, This was around 3:00PM on
January 10, 2013; the fill pump ran all night with one value open out of three values that pump
waste water into the barn. The waste level was very low due to pumping out that day, which
took all night to fill floor up to maximum level. The waste water started flowing out of two
small pipes that extend out the building that morning on January 11, 2013. The accidental
discharge was coming out of a pipe to facilitate an electrical line for the pump out motor and
return flush pipe back to the lagoon. My employee did not find this discharge until 2:00PM and
immediately turned off.
On the morning of January 11, 2013, 1 was not at work as I normally would have been because I
was at the hospital early that morning with my husband who was having out -patient Surgery. I
would have found this problem first thing that morning if I was at work because I still had a few
things i could do to finish prior to arrival of gilts. I did not return home from hospital with my
husband until 1:30 PM that afternoon. My employee called me a few minutes after 2:00PM
when he found the accidental discharge situation. I immediately went to farm to take action on
this matter.

When I arrived at farm, I found waste water flowing through two small pipes extending out
from wall of the barn. I immediately plugged the two opening to stop the discharge flow and
turned on the pump out motor to get the level of waste below the two openings. This action I
performed immediately stopped the discharge from barn. I proceeded to see how far the
discharge waste was running into pasture. I found the discharge waste flowing down a well
vegetated pasture, down a ravine and continuing through a well grassed waterway where
discharge had reached the fresh water spring. The discharge waste continued flowing downhill
and into an unnamed tributary to Sandy Creek stream. 1 continued walking onto the adjacent
property around 500 ft. and observed that discharge water was slowing running down the
creek. I immediately called at 3:30 PM to notify Melissa Rosebrock at the Winston Salem office
of this accidental discharge. I told Melissa what had happened and that 5,000 gallons of waste
water had been discharged. I also informed Melissa of the steps already taken to stop the
discharge. She informed me to try to do an earthen berm to contain the discharge. Due to rain,
where the area was located there was no way to get equipment down there to construct a
berm. So I went and purchased 8 bales of straw to be placed in areas to slow, catch and
contain discharge water which now is around 4:30PM. I then proceeded to check on highway
where the creek flows and found that no discharge has reached the highway which now is
around 5:00PM. I returned back to farm to see that the pump out motor had reduced the level
way below the pipe openings and observed no more immediately danger of discharge and cut
the pump out motor off which is now around 5:30PM. Being close to dark I went back on
highway again to check the creek and still found no evidence of discharge waste flowing it was
clear creek water. I emailed Melissa that evening that there was no evidence discharge has
reached the highway where creek flows.
The next morning recommended by Melissa Rosebrock, I purchased four bags of powdered time
to treat and cover the grassed waterway areas that is before the fresh water spring that will
help kill the fecal toll form bacteria. I then checked the bales of straw and also observed that no
evidence of discharge waste water only clear spring water running. I went back to highway to
see if any discharge waste water had reached during the night and there was still no evidence
of waste water only clear running water. I also emailed Melissa on Saturday, January 12-2013
that no discharge had reached the creek at the highway and lime had been spread.
On January 14, 2013, Melissa Rosebrock and Patrick Mitchell come to farm to inspect site and
found no remaining evidence of waste having flowed from the isolation barn. She instructed me
on the corrections need to be performed so this would not happen again.
1. A float has been installed to the electrical switch for the fill pump motor to cut off at a
certain level when reach to prevent potential future discharge.( See attached pictures —
before and after )
N

2. To plug the two small pipes opening with silicone that extends out thru the wail. (See
attached pictures -• Before and after)
3. To remove spigot and replace with cap and to replace air clean out value with cap. (See
attached pictures — Before and after)
Required Actions Taken;
1. Press release submitted within 48 hrs and follow-up article in newspaper on January 18,
2013 (See attached copies).
2. Sample of waste from lagoon taken within 72 hrs. Taken and delivered on January 14,
2013 to Research and Analytical Labs in Kernerville, NC. Lab report returned with
analysis on January 24, 2013. (See attached cost receipt and lab report).
3. Recent NCIDA Waste Report sent on January 16, 2013.(See attached copy)
4. Receipts attached of all expenses required to make corrections so this would not
happen in future.
5. All copies of corresponding materials with Melissa Rosebrock.
6. Copy of Melissa Rosebrock Incident Report dated January 17, 2013,
7. Fulfill preventative measures as outlined by DWQ during inspection on January 14,
2013.
i respectfully request upon review on my explanation of actions taken upon discovery of the
discharge, actions taken to immediately stop and correct the discharge. My cooperative efforts
in working with DWQ staff, and efforts and expense taken as preventative measures to ensure
that this does not occur again; that you office not recommend as assessment of civil penalties
against KLS Swine Farm at this time.
Sincerely,
Kim Griffin
AWS # 28381
KLS Swine Farm, LLC
3

aiO 13
Notification of Wastewater Spill in Randolph County
House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities,
animal operations, industries and others who operate waste handling systems issue news releases when
a waste spill of 1,000 gallons or more reaches surface waters.
In accordance with that regulation, the following news release has been prepared and issued to
media in the affected county.
KLS Swine Farm, LLC of Staley had a waste water spill on January 11, 2013 of an estimated 5,000
gallons from a pumping error off of Shady Hollow Road in Randolph County. The untreated animal
waste entered a tributary to Sandy Creek, which is classified as WS-III in the Cape Fear River Basin.
The Division of Water Quality was notified of the event on January 11, 2013 and is reviewing the
matter. For information contact ILLS Swine Farm, LLC at [phone].

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RESEAR6 & ANAlyTiCAI
LAboRATGRiES, INC.
Analytical J Process Consultations
Phone [phone]e4l
��. CHAIN OF CUSTODY RECORD
WATER I WASTEWATER I VISE.
COMPANY
�{L5 Ste, iI,� �� LL-C-
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REQUESTED ANALYSIS
STREW Q RESS
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PROJECT
CITY. ST TE xIP �}
SAMPL R NAME LEAS44INT]
CONTACT PHONE
SAMPLER SIGNATURE
SAWPLENUMBER
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_y80./2013 1e:12 336--9966326 R & A LABORATORIES 1PAGE 01/02
' 'b. RESEARCh & ANA[yTiCA[ PC
❑
LAbORATOMES, INC.
i
j Analytical/Process Consultations
KLS Swine Farm
LLC
nat.e Sample Collected
01/14/13
P.O. Box 130
Date Sample Received :
01/14/13
Liberty, NC 2729E
bate Sample Analyzed
01/14/13
Attn: Him Griffin
Bate of Report
: 01/24/13
Analyses Performed by
SA -DW -YJ -2P -MS -RL
lab Sample Number
746604
Parameter
Storet $
Results
BOD-5
(00310)
630 mg/l
NO-3-N
(00620)
<0.050 mg/l
TSS
(00530)
360 mg/l
NH-3-N
(00610)
943 mg/1
Phos, Tot
(00665)
9.13 r.►9/1
TM
(00625)
1,290 mg/l
Fec Coli-MPN
(31615)
240,000 MPN/!00 mi
Clients Sample Source
Number
Time Collected {Mrs) 1355
R0. Box 473. 106 Shprt Street • Karnersville, North Carolina 27;R54 • 33C•990.2a4l -Pax 33B-996-1332S
www.randelabs.com

0 Division of Water Quality
d Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 760005 Facility Status: Acklye Permit: AW.3760005, iE1 Denied Access
Inspection Type: Qgmoliance Inspection Inactive or Closed Date:
Reason for Visit: Emergency County: Region: Win§ton-Salem
Date of Visit: 01114120133_ Entry Time: 1.1:15 AM Exit Time: 01:00 PM T Incident #:
Farm Name: KL� Swine Farm Owner Email: kimsurif Oadd.cor0
Owner: Kim Griffin Phone: a36-622-4891
Mailing Address: PQBox 130 _ Libegv NC 272980130
Physical Address:
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 35'48'43" Longitude: 79'37'38" _
Farm Location: SR 2543 - Shady Hollow Road. From GSO, take LJS Hwy 421 south to Old Liberty Rd, and take right. Take left onto
Brower Meadow Rd. Left onto Sandy Creek Rd., right ❑ntoShady Hollow Rd.
Question Areas:
Disohrge & Stream Impacts waste Col. Stor. & Treat Other Issues
Certified Operator: Kimberly S. Griffin Operator Certification plumber: 23281
Secondary OIC(s):
On•Slie Representativetsj: Name Title Phone
24 hour contact name Kim Griffin Phone:
On -site representative Kim Griffin Phone:
Primary Inspector: Melissa Rosebrock Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Patrick Mitchell Phone:
Page: 1

Permit: AWS760005 Owner - Facility: Kim Griffin Facility Number: 760005
inspection Date: 0111412013 Inspection Type: Compliance Inspection Reason for Visit: Emergency
Inspection Summary:
1. - 3. Today's emergency visit was the result of a discharge into an unnamed tributary (UT) to Sandy Creek, class WS111 wafers, in the
Cnpo Fear River Basin. The discharge occurred as a result of waste flowing out holes in the walls of the isolation gilt barn due to the
flush pump being left on from approximately 3:00pm on Thursday January 10, 2013 until I -.GOpm on Friday January 11, 2013. The
holes were in place to facilitate electrical lines and the return flush pipe back to the lagoon. The 01C, Kim Griffin, estimates that the
waste discharged from the isolation barn between 8:00am-10:00am on Friday 111112013.
The flush pump is used to pump water from the waste lagoon into the isolation barn so that the waste becomes fluid enough to then
pump it back to the lagoon for treatment and storage. The isolation barn is flushed/pumped about once every two weeks and this
procedure has been going an for the last four to five years.
The discharge was discovered by farm employees at 1:00pm on 1/1112013, Ms. Griffin, was notified of discharge at 2:00pm and
immediately ask the empioyee to turn the pump off. She was onsite by 2:1Opm. The 0IC then tracked the discharge into a wooded
area on a neighboring property. She notified WSRO-DWQ of the incident at 3:29pm. DWO notified the Ramseur WTP and Captain
Jared Byrd with Randolph County Emergency Services at approximately 5:04pm on 1/11/2013. DWO Surface Water and ❑ENR Public
Water Supply staff were also made aware of the incident. Emergency Services also notified Wayne Jones with Randolph County
Environmental Health about the discharge.
On 111112013. Ms. Griffin was instructed by DWO to try to track the discharge to the furthest point before sundown. We also ask her to
construct an earthen berm, if necessary, to exclude any additional waste from the UT. DWO reviewed the permit requirements for
responding to a discharge with Ms, Griffin, Ms. Griffin was in contact with DWO throughout the weekend with updates regarding the
use of lime on the waste, hay bales to slow the flow of waste, and additional tracking of the waste an Saturday 111212013. She
submitted a spill report and press release as required by the permit. The ❑IC was and has been very cooperative.
The discharge stream was about 6-12 inches wide and flowed AT LEAST 950 feet until it left KLS Swine property. However, waste
was NOT observed in the LIT at the bridge an Ramseur -Julian Road, approximately 1,1 miles from the isolation barn at KLS Swine.
No fish kills were observed or reported and the water treatment plant did not report any unusual readings. Very little waste and foam
was observed in the UT on the farm property on 1114/2013. It should be noted that it rained at KLS Swine on 1/1112013 and 1/1412013.
DWQ staff met with Ms. Griffin on ill412013 and requested that the following repairs and preventative measures be implemented: 1 j a
cap be placed on the clean out valve; 2) that the electrical pipe hole be plugged; 3) remove the spigot and replace with cap; 4) that the
area surrounding the returnlexit pipe be plugged; and "'5) that a float and "kill switch" be installed in the Isolation barn or on the
pump. The OIC also provided DWO with lagoon level, rainfall, and application records as requested on Ill412013.
A predictive waste report (i.e. waste analysis) was received by 0WD on 1/1612013
Page: 2

.y
Permit: AWS760005 Owner • Facility: Kim Griffin
FaCility Humber : 760005
Inspection Date: 01114/2013 Inspection Type: Compliance Inspection Reason for Visit: Emergency
Waste Structures
Designed Observed
Type Identifier Closed Data Start pate Freeboard Freeboard
k1glon LAGOON 33.I50
Page: 3

Permit: AWS760005 Owner - Facility: Kim Griffin Facility Number. 760005
Inspection Date. 01/14/2013 Inspection Type: Compliance Inspection Reason for Visit: Emergency
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? ■ ❑ ❑ ❑
Discharge originated at:
Structure ❑
Application Field ❑
Other ■
a, Was conveyance man-made? ■ ❑ ❑ ❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ) ■ ❑ ❑ ❑
c, What is the estimated volume that reached waters of the State (gallons)? 5200
d. Does discharge bypass the waste management system? (if yes, notify DWO) ■ ❑ ❑ ❑
2. Is there evidence of a past discharge from any part of the operation? ■ ❑ ❑ ❑
3. Were there any Observable adverse impacts or potential adverse impacts to Waters of the State other than ■ ❑ ❑ ❑
from a discharge?
Waste Collection, Storage & Treatment Yes No NA NE
4, Is storage capacity less than adequate?
If yes, is waste level into structural freeboard?
❑ ■ ❑ ❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.eJ large trees, severe ❑ ■ ❑ ❑
erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a waste management Cl ■ ❑ ❑
or closure plan?
7. Do any of the structures need maintenance or improvement? ❑ ■ ❑ ❑
8, Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ■ ❑ ❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ■ ❑ ❑
improvement?
full- Yae Nn NC NY:
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report ❑ ❑ ❑ ■
mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ ■ ❑ ❑
Air Quality representative immediately,
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? (i.e., discharge, ❑ ■ ❑ ❑
freeboard problems, over -application)
31. Do subsurface file drains exist at the facility? ❑ ❑ ❑ ■
If yes, check the appropriate box below.
Application Field ❑
Page: 4

Permit: AWS760005 Owner • Facility; Kim Griffin
Inspection Date: 01/1412013 Inspection Type: Compliarce Inspection
^.. -- 9__.. __
Lagoon ! Storage fond
Other
If Other. please specify
32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
33. Did the Reviewer/inspector fail to discuss review/inspection with on -site representative?
34. Does the facility require a (allow -up visit by same agency?
Facility Number: 760005
Reason for Visit: Emergency
Yes No NA NE
11
❑ ❑ ❑ ■
❑ ■ ❑ ❑
❑ ■ ❑ ❑
Page: 5

NCQABCS AgronmlaQivfsion, Pone:=(818y 733 25:`
Website: www,nca r. ovla ronom
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'Attn-.Kiim Griffin
Report
PC Bois 130
Liberty, NC z7as8
s•
Waste
-�l r•`
County- Randolph;
-
Iji s to_Ffeldfut lnfoirriation
Ssrripied; 0110912013 Ris a,04d` 0116412013
Completed: Q1/1012013
F&rn' 70-05
Sample Information
f�[titriont and Othor Maasurerri8rlts
Nitrogen (N) (ppm) P (pp►►f1
• ..
K (ppm) Ca (.')pm) Mq (apm)
S.(ppm) Fe (ppm) Mn fppm! Zn (oam;
CU (ppm] $ fpA!+f]. Na {PP►n) C (PPm)
"
Sample 1D: 201301
i. •
Total N' 69.9
1210 122 25,8
57.4 349 0.16 1.24
}• .: ;
1.07 0.98 360
Waste Code: ALF
Description:
Tolai Ag6ldt h► N 493
`
Farrow to Ween
pH
0M (%) SS (10-55Jem)
EC (MSfcm) CCE {%)
ALE(1000 gal.) C:N
Inorganic N
t
'-R
Comments:
• . ..NO3..
Organic N Ni (ppm)
Cd rppm) Pb (ppm) At (ppmj
So (ppm) Li (ppm) As (ppm) Cr (PpM) Co wpm) C! (PPM) M0 (ppm)
tree
Application Method
irrigation
Estimate of Nutrients Available for First Crop (lb 1 106Q gal.)
N P:05 H2O Ca Mg S Fp Mn Zn Cu
2.06 094 9"67 0.71 0" 15 0 3•1 0.02 T 001 0.01
Agronomist's Comments:
Aaron Pettit 111617013 8 43 AAA
Other Elements (tb 1 1000 gal.)
6 M& Cl Na lUr Cd Pb
0.01 s ae
At Se U
North Caro lna Reprogramming of I"- laboratvry�nforrnation-rnanagement system that makes this report passible rs being funded
,~ through a grant from the North Carolina Tobacco Trust Fund Commission.
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CAR�LINA 211A E. aamaron Ave.
P.O. Box 1549
WATER SYSTEMS arty. NC 2729B
Phone: [phone]
SUPPLY, INC. Fax (336) 622-GSW
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LIBERTY FARM & GARDEN SUPPLY
4739 N.C. Hwy. 49 N.
U9ERTY, N.C. 27298-8566
(336) BM-25M
Order No. _ _ Date
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Page 1 o['2
.
Kim,
First thing: earthen berm to contain waste. Please let me know how far it traveled (i.e.
road/bridge).
Example of press release is attached.... submit within 48 hours and copy me. 1 can review it
for you before you send it to newspaper if you if you want. Discharge was into UT
unnamed tributa to Sandy Creek
Samples of waste in lagoon within 72 hours and submit results to DWQ (me) w/in 30 days,
(111.9. in permit).
Spill report to me within 5 days (see number 111.9. in permit).
Research and Analytical Labs "R & A"
Sid Champion 336.996.2841
Hope this helps. Keep me posted, Thanks,
Melissa
Melissa Rosebrock
E-mail Address: melissa.rose brockOncdenr,gov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]: fax [phone]
http://niaii.aol.com/37309-11 llaol-Glen-us/Suite,aspx 2/3/2013

RE: Page 1 of I
From: Rosebrock, Melissa <melissa.rosehrock@ncdenr,govw
To: kimsgriff <kirnsgdff@aal,com7
Cc: Mitchell, Patrick <[e-mail]7
Subject: RE:
Date: Fri, Jan 11, 2013 8:53 pm
Good deal. Thanks for your efforts. As a precaution. I notified emergency management
and the Ramseur water plant since the since the discharge will eventually make it to their
water intake. Hopefully by then, it will have diluted enough that it won't affect their plant.
As another precaution, would you please treat/cover the waste on the ground with
powdered lime? You can get it from Southern States I believe (others may carry it as well).
The lime will help kill the fecal coliform bacteria. Then if it should rain, any further run-off
into the stream will have been treated, I'm not expecting anyone to be playing in the creek
this time of year, but you never know about kayakers and canoeists. I would keep track of
your expenses for your own info.
Were you able to construct a berm to help contain the waste still on the ground?
Please continue to keep me posted. Thanks.
Melissa
From: kirnsgriff [kimsgriff [e-mail]]
Sent: Friday, January 11, 2013 6:50 PM
To: Rosebrock, Melissa
Subject:
Melissa,
I checked the creeks just before dark on the highways and they were no signs of logoon water. It was
clear water. 1 would say it is about three miles from my place thru the woods to the highway. 1 will
check it again tomorrow morning and let u know.
Kim Griffin
Sent from my Samsung Galaxy Tab 103 l
http://mail,aol.com/37309-1111aol-Glen-uslmailll'rintMessage.aspx 21312013

RE:
Page. 1 of 1
From: Rosebrock. Melissa <[e-mail]>
To: Kim Griffin [e-mail]>
Subject: RE:
Date: Sun, Jan 13, 2013 4:58 pm
Kim, Were you able to work any more? It is supposed to be rainy Monday -Wednesday.
Thanks for checking on things.
Melissa
From: Kim Griffin f kimsgrifffiaol.com]
Sent: Saturday, January 12, 2013 10:30 AM
To: Rosebrock, Melissa
Subject:
Melissa,
This morning the lagoon water had not reached the creek on the highway. There is clear spring water running
and no signs of any runoff. Most of the areas the lagoon water was absorbed into the ground no sign of really
standing on ground. The areas that has high grass and deep pockets(cow prints) is the only area you seen
sign of lagoon water. This area is way before the spring start. I put lime in this area to help kill bacteria if futher
run-off occurs if it is not absorbed into ground before the next rain next week. l put quite a few bales of hay to
absorb what was left of the runoff. It is so wet and low area that 1 would have problem with bobcat working in
wet ground. I will put a load of dirt down in the low area between now and Monday when the sun and weather
warms tomorrow. I will have this ready before the next rain occurs to cover if all of what left is not absorbed or
dried up.
Thanks
Kim
h1tp:llmail.ao1.com137309-1 I I laol-Glen-uslmail/PriiitMessage.aspx 2/3/2013

1tE: Report Page 1 of 1
From; Rosebrock, Melissa <[e-mail]>
To: Kim Griffin [e-mail]>
Subject: RE: Report
Date: Scan, ,Jan 13, 2013 5:08 pm
Got it, thanks. Just a thought ---is there a way to put an automatic shut off on the pump if it
gets too full again? Sort of like the rain breakers?
From: Kim Griffln [[e-mail]]
Sent: Sunday, January 13, 2013 12:51 PM
To: Rosebrock, Melissa
Subject: Report
Melissa,
Report on discharge:
Should have waste analysis back this week.
Samples will be obtained on Monday (1-14-13) and taken to lab.
2�
http:llmail.aol.com137309-11 I /aol-Glen-uslmail/PrintMessage.aspx 2612013

RE.: Report Page I cif i
From: Rosebrock, Melissa <[e-mail]>
To: Kim Griffin <kimsgriff@aol,com>
Subject: RE: Report
Date: Sun, Jan 13, 2013 9:38 pm
Not at this time. I will probably stop by the farm on Monday around 11:30 or so. I will
check in at your office first and I have NOT been to any swine farms ---in over a month.
From: Kim Griffin [kims riff l m]
Sent: Sunday, January 13, 2013 5:28 PM
To: Rosebrock, Melissa
Subject: Re: Report
Yes,
I will checked into getting something automatic.
l will correct press release with correction and submit it tonight.
Today, there was no standing water from building down thru pasture, the only standing water was one area
where the thick grass where cows walk is before you get to the spring that feeds that tributary. if there is water
still stand in the morning this this area I place a barrier between that and spring. It was only clear water runing
from spring down tributary, did not see any holes with waste water.
Any thing else l need to do?
Kim
-----Original Message -----
From: Rosebrock, Melissa <melissa.rose brock_(a�ncdenr.gov>
To: Kim Griffin <kimspriff(Maol.gom>
Sent: Sun, Jan 13, 2013 5:08 pm
Subject: RE: Report
Got it, thanks. Just a thought ---is there a way to put an automatic shut off on the pump if it
gets too full again? Sort of like the rain breakers?
From: Kim Griffin (kimsgriff(aaol.com]
Sent: Sunday, January 13, 2013 12:51 PM
To: Rosebrock, Melissa
Subject: Report
Melissa,
Report on discharge:
Should have waste analysis back this week.
Samples will be obtained on Monday (1-14-13) and taken to lab.
K'rn
hitp:fhnaii.aol.com/37309-11 I /aol-Glen-uslmaii/PrintMessage.aspx 213i2013

, Deport
Page l of' 1
From: Kim Griffin <[e-mail]
To: Melissa. Rosebrock <[e-mail]
Subject: Report
Date: Sun, Jon 13, 2013 12:51 pm
Attachments: Discharge_O 1 - 11-201 3.docx 116Ky
Melissa,
Report on discharge:
Should have waste analysis back this week.
Samples will be obtained on Monday (1-14-13) and taken to lab.
http://mail.aol.com/37309-1111ao!-6len-uslsnailil'rintMessage.aspx 2/4/2013

KLS Swine Farm, LLC
Kim Griffin
January 13, 2013
Report on Discharge:
The discharge occurred at the isolation barn where a fill -pump motor was mistakenly left on. The fill -
pump puts lagoon water into the floor to thin waste so waste can then be pumped out into the lagoon.
The fill and remove pump are operated manually. The discharge released around 5,000 gallons. The
discharge came out two 1" pipes extend out the building. The discharge went down into the pasture,
down a raven, continue down a vegetated waterway, meets a spring and then flowed down a unnamed
tributary to Sandy Creek.
The time of the discharge occurred from around 8:OOAM to 2:OOP M on January 11, 2013. The pump was
accidently not turned off on January 10, 2013 around 3.00PM. The isolation barn at the time had very
little waste in the barn s❑ it would have taken all night to fill barn floor up before it starting flowing out
of the barn. There are 3 fill pipes that go into the building but only one pipe was opened. The discharged
was immediately stopped when found on January 11, 2013 at 2:00PM. The pump out was turned on to
remove waste out of building and pumped into lagoon. The discharge flowing, out of barn was
immediately stopped by plugging the pipes where overflowing was occurring.
On January 10, 2013 1 (Kim Griffin) was pumping waste out of the isolation barn into the lagoon. I turned
on the fill -pump to put lagoon water into the barn to thin the waste so it could be pumped back out into
the lagoon. The system is turned on manually when operated. For some unknown reason it seems that I
forgot to cut the fill -pump switch off but I did cut the pump -out switch off.
When known of accident steps taken were immediately to turn off fill pump switch. Pump -out turned
on to help remove waste and pumped into lagoon. Pipes plugged so stop from running out of the
building. Due to the fact from raining that day, 8 bales of hay were placed in the creek pathway to slow
the runoff down. It was hard to get equipment down to this area from being wet to build a earthen
barrier. A lot of the run-off was in the vegetated waterway where thick grass is and that also has
drainage pipe in ground. Also 2 bags of lime were placed in vegetated waterway to kill fecal coliforrn
bacteria in cases of further run-off or rain. The next morning there were no signs of anymore run-off.
Clean spring water was running down tributary and no run-off was seen in tributary on highway. The
second morning(Sunday) no further runoff seen, lime still in place, some absorbing and drying in the
thick grass.
The future prevention of this situation would be to remember to always turn off the fill-in and pump -out
switches and to always double check.

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. Joan E. Skvada, Ill
Governor. Director Secretary
January 22, 2013
CERTIF11,I) MAI I. !# 7008 3230 0003 2547 0480
RETURN RI:CE111T REQUESTED
Ms. Kim Griffin
US Swine Farm
P.O. Box 130
Liberty, NC 27298
SUBJI?Ci': Notice of Violation/Notice of intent to Enforce
Permit Condition Violation NOV-2013-I)V-0014
Certificate of Coverage #A WC760005, Randolph County
Dear Ms. Griffin:
As required by the Swine Wastc Management System General Permit ("Permit"), our office
received notification from KLS Swinc Farm on January 11, 2013 that a discharge had occurred
from the isolation barn that reached surface waters. According to the farm's discharge Report, a
fill pump motor (pulling waste from the lagoon) was mistakenly left on while the pump out
motor (sending waste back to the lagoon) was turned off. This caused the waste level to rise and
enabled the waste to discharge through two small pipes extending out from the wall of the
isolation barn. Our records indicate that these pipes exist to facilitate an electrical line for the
motor and the return flush pipe back to the lagoon.
Your Discharge Report estimates that approximately 5,000 gallons of swine waste was
discharged into a well vegetated pasture, down a ravine, and then continued through a grassed
waterway where the waste then flowed into a fresh water spring. The discharged waste continued
flowing downhill and into an unnamcd tributary (UT) to Sandy Creek, a WS-111(drinking water
supply) stream. The Winston-Salem Regional Office concurs with the details contained
submitted Discharge Report.
during our January 14, 2013 site visit, there was no remaining evidence of waste having flowed
from the isolation barn to the grassed waterway. Only two areas of the waterway still contained
any visible Swine waste. The surface water in the UT leaving the farm displayed no visible foam,
solids, or algae.
585 Waughbowm Street
Winston-Salem. North Carolina 27107
Phone: 336.771-M % FAX: [phone]
Internet www.nmatemuaQY-aro
An Ec,ual Opporririty l Affirmative ACUCn Employer
North Carolin a

K. Griffin
January 22, 2013
Page 2 of 3
Violations
1) The unpermitted discharge cited above violates NC General Statutes (NCGS) and the
Swine Waste Management System General Permit:
NCGS 143-215.1 (a) - "Activities for Which Permits Required. --No person shall do any
of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in
the permit: (1) Make any outlets into the waters of the State."
Section 1. 1. of the Swine Waste Management System General Permit states that "Waste
shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, direct discharge or through ditches, terraces, or grassed waterways not
classified as State waters.
Corrective Actions:
1) Our office received a Discharge Report on January 13, 2013. The report indicates that the
discharge of waste from the isolation barn was stopped within a few minutes of your
arrival at the farm oil January 11 at 2:00 p.m. The report also states that the fill pump was
turned off immediately and that the pump -out motor was turned on, sending waste back
to the lagoon. The pipes were then plugged to cease any further discharge from the barn.
Our records indicate that DWQ was notified of the discharge at 3:30 p.m. on January 11,
2013. Bales of hay were placed in the waterway in an attempt to slow down the rate of
run-off. Lime was also spread onto the largest area of waste to kill the fecal coliform
bacteria. The flow of waste through the UT was properly monitored on January I I and 12
and the findings reported to DWQ.
2) During DWQ's site visit. of January 14, 2013 a portion of the grassed waterway was
found to lack suitable vegetation due to cattle traffic in and around the waterway. Our
oft -ice strongly suggests that cattle be excluded from this area so that a vegetated buffer
can be established. An adequate buffer can help filter any potential discharges from the
barn, lagoon, and application Fields in the future.
3) If you have not already done so, a float or 'kill switch" system should be installed in the
isolation barn to prevent potential discharges in the future.
4) During the site visit, DWQ was provided with all requested documentation for raunfall,
freeboard, and application events from December 2012 to present.
5) Per House Bill 1160, DWQ received confirmation that a press release was received by
the Courier "Tribune in Asheboro. A follow-up article was published by the newspaper on
January 18.
6) Per the Permit, DWQ received a copy of the NCDA Waste Report oil January 16. A
reminder that section III.91 of the permit states that monitoring results for additional
parameters must be submitted to DWQ within thirty (30) days of the discharge event.

K. Grifrn
January 22, 2013
Page 3 of 3
This office is considering recommending an assessment of civil penalties against K1.S Swine
Farm for the above referenced violations. Ifyou wish to present an explanation for the violations
cited, or if you believe there are other factors which should be considered; please send such
information to me in writing within ten (10) days following receipt of this letter. All information
will be reviewed, and, if an enforcement action is still deemed appropriate, your explanation will
be forwarded to the Director with the enforcement package for consideration. Any written
response(s) should be sent to my attention at the address shown on the letterhead.
Be advised that NC General Statutes provide for penalties of up to $25,000 per drry per violation
as well as criminal penalties for violations of state environmental laws and regulations. Ifyou
have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-
5000.
cc. APS Animal Deeding Operations Unit
Randolpli CountyNIZCS
WSRO Facility Fifes )
IN Complete sterns)', 2, and 3. Also complete
' Item 4 if Restrictsd Delivery is desired..•
t IN Print your namd aril address on the reverse
so that we can' "return the card to you.
■ Attach this card tv the back of the mailplece,
or on the front If space permits.
1. Article Addressed to:
Ms. Kim Griffin
KL.S Swine Farm
P.G. Box' 130
Liberty, NC 27298
Sincerely,
�jLG Lac !r k1t,
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
A.
Z�2�
❑ Agent
x
❑ Addressee r
B. RQce by( N
C. 0
e of Delivery ,
D. Is delivery address different from stern 17
❑ Yes I
If YES, enter delivery address below:
❑ No
I
3. cs Type
(Cwtifled Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise }
❑ Insured Mail ❑ C.O.D.
4. Restrlcted Delivery? (Extra Fee) ❑ Yes
7008 3230 0003 2547 0480 t/Z9 V-4;1`
{ PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M-1540
r

Rosebrock, Melissa
From: Kim Griffin jkimsgriff@aol,com]
Sent: Monday, February 04, 2013 11:31 AM
To: Rosebrock, Melissa
Subject: Revised LAB report
Attachments: Revised Lab ReportJpg
Melissa,
New revised report from RA Labs. Called and said misread the Fecal count. Sending new copy.
Also, my letter who's attention do I send it to Sheri or you?
Kim

r
J 02/01/2013 10:12 336•-9960326
4 RESEAWh & ANAIYTICAL
LkORATOMES, ANC.
I i R
AnalytioaUProcass Consultations
R 8 A LABORATORIES
12=01111 V
PAGE 01/02
KLS Swine Farm LLC
Date Sample Collected
01/14/13
P.O. SOx 130
Date Sample Received
01/1.4/13
Liberty, NC
27298
bate Sample Analyzed
01/14 /13
Attn- Kim Griffin
Bate of Report
01/24/13
Analyses Performed by i
SA -DW -YJ -ZP -MS -KL
Lab Sample Number
---------------
74$6$4
-----------------------------
Parameter
storet #
Results
BOD-5
(00210)
630 mg/l
N•0-3-N
(00620)
a0.050 mg/1
TS8
(00530)
360 mg/1
Nil-3-N
(00610)
943 mg/1
Phoa,Tot
(00665)
9.13 mg/1
TKN
(00625)
1,290 mg/1
Fec Coli-MPN
(31615)
240,000 MPN/100 ml
------------------
Clients Sample Source I RECEIVE
Number N.C, Dept. ENR
Time Collected (Hra) 1355
FEB 0 4 20I3
F
Winston-Salem `
.adam. Regional Office ,
PO- Sox 473 - 108 Short Street • Kornersville, North Carolina 27294.336-990.2841 • Fax [phone]
www.rsndeiaba,com
r

RESEARCh 16
LAbORAFOR
Analytical/Process [
KLS Swine --arm LLC
P.C, Sox 130
Liberty, NC 21296
Attn: Kim GriErin
rYea es�==r=====ara=arY�vs
Parameter
5coret. Il
DOD-$
(00310)
NC-3-I]
(00620)
TSS
(00530)
NH-3-11
(00610)
Phor..Tor-
fpOn55)
TKN
(00625)
FCC Coli•MPN
(31615)
Clients Sample 501:rei--
ANA[yTICAI
.S, INC.
iV.G.. Ueptra+-��:ri
.BAN 2 5 201.
Sal
Gyq.. Flegbonal DH€Grj, ,
0.
NC ##34 x: M : �
rr0. -ry A�pL'`.- �
Dat'_ Sample Collected
41/14/13
Dote !';temple Received
01/141
3
Date Sample Analyzed
01/14/13
D.zte Of Rt,='L
01/24
3
Analyses Performed by
SA -M.
-7,3 -ZP -MS -VI,
Lab Sample Number
--------------------
�1a5sa
iZC ra Li 1:,U
G30 mg/l
e-0.050
360 mg/1
943 ma/'.
0.13
1,290 my/l
240 MPN/100 m1
Number f
Time Collected (Nx-o) 1355
P.O. Box 473 • 106 Short Strec• • Kerners-Mle. Nonh Carolina 272164 . 336.996-284 1 • Far
wwtiv,randafak�a.CAm -
6ski=IIakY�=!

RESEARch & ANA1yTICA1
CHAIN OF CUSTODY RECORD
LkoRATORiES, INC. v ` �` N. Eep.. Oi FCEIVED ,
i : r, D
Analytical 1 Process Consultations� .IAH
Phone i3381956-2841 WATlrarWA5TEWAIER miss. 51"_1
COMPANY JOS Nn f
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CONTACT PRONE SAMPtEP, S3GlFA7URE i
SAMPLE RU CH p►TE Tlr'F pj � a TEII RES ��`r�xc`a �i c ryp ~� 4 Y G Q 4 � C v }
{ M USE OW) _ `G C1 rr»u. n. 4r SAMPLE LOCADMI114. � ry ti� +" � Li � REQU,EST-0 ANALYSIS
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• �x Y r
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• -SAMPLE TEMPERATURE AT RECEIPT -C
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I

Water spill impact minimal from Staley swine house �
Courier Tribune, Asheboro
http:llcourier-tribune.camisectionslnewsllocaIIwater-spill-inip act-minimal-staIey- swine -house.hVI January 18, 2013
STALEY — On Jan. 11, KLS Swine Farm, LLC, of Staley had a waste water spill ❑f an estimated
5,000 gallons due to a pumping error off Shady Hallow Road in Randolph County.
The untreated animal waste entered a tributary to Sandy Creek, which is a source of water for the
Town of Ramseur.
Melissa Rosebrock, with the Division of Water Quality in Winston-Salem, said the spill was caused
when the owner mistakenly left a water line open while cleaning one of the swine houses. Water
backed up in the house during the evening and escaped through holes that were made in a building
wall forthe placement of future conduits.
The waterflowed from the house, through a swatch of vegetation and into the tributary to Sandy
Creek, Rosebrock said. She added that the spill did not occur in a critical zone of Ramseur's water
supply. Water treatment plant workers were notified of the problem to be ready in case they
needed to treat for contaminants.
Rosebrock said final testing is not complete and Raleigh ❑fficials still have to review the case;
however, there was no fish kill and no immediate evidence of impact on the health of area
residents.

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Wednesday, January 16, 2013 11:15 AM
To: 'Kim Griffin'
Subject: RE: Waste Analysis Report
Thanks. Looks "normal" for a swine farm I think?
Melissa Rosebrock
E-mail Address: melissa.rosebrock2ncdenr.g_ov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www. n cwaterqu a I ity.org
E-moil correspondence to and from this address rnoy be subject to the
North Carolina Public Records [ow and may be disclosed to third parties.
From: Kim Griffin [mailto:[e-mail]3
Sent: Wednesday, January 16, 2013 9:57 AM
To: Rosebrock, Melissa
Subject: Waste Analysis Report
Melissa,
Copy of the current waste analysis.
Kim Griffin

1
NCOA&CS Agronomic Division Phone- [phone]
Websitr_ www.ncagr.govlagronomil
Report Na
Client: KLS Swine Farm LLC
Advisor:
'•Y ''
Predictive
Attn;Klm GnfTin
PO Box 130
,
`A r
a se R e
Liberty, NC 2728$
1F Y
Corr:ry. Randolph .
Link t Hel f f Information
sampw& 01/09/2013 Roc■Wedz 01109,12013
comp: 0111012013
Farm: 7645
Sample Information
Nutrient and Other Measurements
JWrzigen (N) (pprN P (MWN
K (PP-) Ca (avor) ft rAam)
S 1PA-1 Fe (pent} Mn tmm)
Zn (mm)
Cu (oam) 8 (pprn) Na lnprn) C lawn]
Sample 10: 201301
Total N 69.9
1210 122 25.8
57.4 3.29 0,115
T_2-t
1.07 0.98 360
Waste Code: ALF
Description:
Total Kjoldahl N 493
Farrow to Ween
pH
DM (%) SS (10-5s/cm)
EC {ms/crn)
CCE (so)
ALE(i1700 gala C:N
inorganic N
Comments:
H4W f.tA
KC33-N
Organic N Ni (poml
Cd fppm) P6 fApm) Al tppml
Se (ppm) Li (ppm) As (pp-) Cr (oprn) Co (porn) Cl (ppm) Mo (ppm),
Urea
Estimate of Nutrients Available for First Crop (Ib 1 1000 gai_j
Other Elements (1b 11000 gal.]
Application Method
N P20S K20 Ca Mg
S Fe Mn In
Cu a Mo 0
Na
Ni Cd Pb At Se Li
E.rrigation
2.06 0.9a 9.67 0.71 0.15
0.34 0.02 T 0,01
0.01 0.01
3.00
Agronomist's Comments.
Aaron Pettit 11t6C,'013843
AM
North Carolina
Roprmgramrning of the la boratory-in formal ion-m a n ag eme nt system that makes this report possible is being funded j
through a grant from the North Carolina Tobacco Trust Fund Commission.
7 hunk } uu Tor using a);rrrramic sCrYii rs !n ururruge nrrrrlrnrs rind sr�rgrrrrrrl c+rvirraermcrtrrrl gxttEilt:
U'&Aea 1n" I ux! Sieve Trc[rler, Commissioner o/'Agriculrure.

0 Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 760005 Facility Status: Active Permit: AWSZQ0005 ❑ Denied Access
Inspection Type: Compliance Inspection „ , _ .. Inactive or Closed Date:
Reason for Visit: Emergency County: Randolph Region: Winston-Salem
Dato of Visit: 01/1412013^ Entry Time: 11:15 AM Exit Time: 01:00_P_M- Incident #:
Farm Name: KLS Swine Farm Owner Email: kimsgriff s'tdd,p,grn
Owner: Kim Griffin Phone: [phone]
Mailing Address: PO Box 130 Libby NC 272980130
Physical Address: 5239 Shady HollowStaley NC 27355
Facility Status: ❑ Compliant 0 Not Compliant Integrator:
Location of Farm: Latitude: 35°48'43" Longitude: 79°37'38"
Farm Location: SR 2543 - Shady Hollow Road. From GSO, take US Hwy 421 south to Old Liberty Rd. and take right. Take left onto
Brower Meadow Rd. Left onto Sandy Creek Rd., right ontoShady Hollow Rd.
Question Areas:
W Dischrge & Stream Impacts Waste Col, Stor, & Treat Other Issues
Certified Operator: Kimberly S. Griffin Operator Certification Number: 23281
Secondary OIC(s):
On -Site Representative[s]: Name Title Phone
24 hour contact name Kim Griffin Phone:
On -site representative Kim Griffin Phone:
Primary Inspector: Melissa Rosebrock Phone:
Inspector Signature: Date:
Secondary Inspector(sj:
Patrick Mitchell Phone:
Page: 1

Permit: AWS760005 Owner - Facility: Kim Griffin Facility Number : 760005
Inspection Date: 0111412013 Inspection Type: Compliance Inspection Reason For Visit: Emergency
Inspoction Summary:
1. - 3. Today's emergency visit was the result of a discharge into an unnamed tributary (UT) to Sandy Creels, class WSIII waters, in the
Cape Fear River Basin. The discharge occurred as a result of waste flowing out holes in the walls of the isolation gilt barn due to the
Hush pump being left on from approximately 3:00pm on Thursday January 10, 2013 until 1:00pm on Friday January 11, 2013. The
holes were in place to facilitate electrical lines and the return flush pipe back to the lagoon. The OIC, Kim Griffin, estimates that the
waste discharged from the isolation barn between 8:00am-10:00am on Friday 1111/2013.
The flush pump is used to pump water from the waste lagoon into the isolation barn so that the waste becomes fluid enough to then
pump it back to the lagoon for treatment and storage. The isolation barn is flushed/pumped about once every two weeks and this
procedure has been going on for the last four to five years.
The discharge was discovered by farm employees at 1:00pm on 1/11/2013. Ms. Griffin, was notified of discharge at 2:00pm and
immediately ask the employee to turn the pump off. She was onsite by 2:10pm. The OIC then tracked the discharge into a wooded
area on a neighboring property. She notified WSRO-DWQ of the incident at 3:29pm. DWQ notified the Ramseur WTP and Captain
Jared Byrd with Randolph County Emergency Services at approximately 5:00pm on 111112013. DWQ Surface Water and DENR Public
Water Supply staff were also made aware of the incident. Emergency Services also notified Wayne Jones with Randolph County
Environmental Health about the discharge.
On 1/1112013. Ms. Griffin was instructed by DWQ to try to track the discharge to the furthest point before sundown. We also ask her to
construct an earthen berm, if necessary, to exclude any additional waste from the UT. DWQ reviewed the permit requirements for
responding to a discharge with Ms. Griffin. Ms. Griffin was in contact with DWQ throughout the weekend with updates regarding the
use of time on the waste, hay bales to slow the flow of waste, and additional tracking of the waste on Saturday 1112/2013, She
submitted a spill report and press release as required by the permit. The OIC was and has been very cooperative.
The discharge stream was about 6-12 inches wide and flowed AT LEAST 950 feet until it left KLS Swine property. However, waste
was NOT observed in the UT at the bridge on Ramseur -Julian Road, approximately 1.1 miles from the isolation barn at KLS Swine.
No fish kills were observed or reported and the water treatment plant did not report any unusual readings. Very little waste and foam
was observed in the UT on the farm property on 111412013. It should be noted that it rained at KLS Swine on 1/11/2013 and 1/1412013.
DWQ staff met with Ms. Griffin on 1 /14/2013 and requested that the following repairs and preventative measures be implemented: 1) a
cap be placed on the clean out valve; 2) that the electrical pipe hale be plugged; 3) remove the spigot and replace with cap; 4) that the
area surrounding the returnlexit pipe be plugged; and "'5) that a float and "kill switch" be installed in the isolation barn or on the
pump. The OIC also provided DWQ with lagoon level, rainfall, and application records as requested on 111412013.
A predictive waste report (i.e. waste analysis) was received by DWQ on 1/16/2013.
Page: 2

Permit: AWS750005 Owner -Facility: Kim Griffin Facility Number : 760005
Inspection Date: 01/14/2013 Inspection Type: Compliance Inspection Reason for Visit: Emergency
Waste Structures
Designed Observed
Type Identifier Closed Date Start Date Freoboard Froeboard
agoon LAGOON 33,00
Page: 3

Permit: AWS760005 owner -Facility: Kim Griffin Facility Number : 760005
Inspection Date: OVM2013 Inspection Type: Compliance Inspection Reason for Visit: Emergency
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? ■ ❑ ❑ ❑
Discharge Originated at:
Structure ❑
Application Field ❑
Other 0
a. Was conveyance man-made?
■
❑
❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
■
❑
❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
5200
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
■
❑
❑
❑
2. Is there evidence of a past discharge from any part of the operation?
MOO
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than
■
❑
❑
❑
from a discharge?
Waste Collection, Storage & Treatment Yes
No
NA
NE
4. Is storage capacity less than adequate?
❑
■
❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe ❑ ■ ❑ ❑
erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a waste management ❑ ■ ❑ ❑
or closure plan?
7. Do any of the structures need maintenance or improvement? ❑ ■ ❑ ❑
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ■ ❑ ❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ■ ❑ ❑
improvement?
❑ther Issues Yes No NA NE
M Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report ❑ ❑ ❑ ■
mortality rates that exceed normal rates?
29, At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ ■ ❑ ❑
Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency siluations as required by Permit? (i.e., discharge, ❑ ■ ❑ ❑
freeboard problems, over -application)
31, Do subsurface tile drains exist at the facility? • ❑ ❑ ❑ ■
If yes, check the appropriate box below.
Application Field ❑
Page: 4

Permit: AW5760005 Owner - Facility: Kim Griffin
Inspection Date: 01/14/2013 Inspection Type: Compliance Inspection
Lagoon 15torage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
33. 0 i d the Reviewe rllnspector fail to discuss reviewfinspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Facility Number : 760005
Reason For Visit: Emergency
Yes No NA NE
13
Page: 5

KLS Swine Farm OV-2013-0009
01/14/2013
San
i `—
T'r;{ Y.►'". r ' � .. 1. � r -
isolation barn at KLS Swine Faun.
Note discharge points.
1

KLS Swine Farm DV-2013-0009 01 /14/2013

MIN
1
No die frwn rear ct isalalin 1 bwn.
WIW JjW-
AML

KLS Swine Farm DV-2013-0009 01/14/2013

KL5 Swine Farm OV-2013-0009 01114/2013

_ - x
;12013 ] }
r�l �i
a,
r
�.
T
dischargeNo waste from 1/11/2013 -ed in wooded area

KLS Swine Farm ❑V-2013-0009 01 /14/2013

KLS Swine Farm OV-2013-0009
01/14/2013
Flow path of discharged waste on f/11/2013 +,
Note algae in fresh water of the denuded tributary it r
8

KLS Swine Farm DV-2013-0009
01 /14/2013
de
Pods of waste remain fixgg es
days after discharge.
, a- -s4fA���� r - Y • r
'r
; ..
h{:jfir--
.ts
R,��'
•.fir,. �'�,` _i y'_ •7 ,� .^ ..
•r
�
Y•i. -•s4 - �, � .
F.
...;V h ,r .•D r•
r -r
�f..'. {.
le
Pools of waste and foam remain 1,1
three days after discharge- '.
�1 �� �►��� y e 1 r �
01

OwVIOL-.
Flow path of discharged 1
4
a•
AXt O.jj�
► +�
A
rA
mo ie -- A
J
F

r_
Vy
-F
_ •.� �"'�yC ter'
4

KLS Swine Farm DV-2013-0009
01/14/2013
r
� r7%plwa - -_
Alb
�r ri M1 •`_
KLS 'Swine Farm property line- Waste discharged into
flowing UT to Sandy Greek on the other side of fence.
12

KLS Swine Farm DV-2013-0009
01/14/2013
Waste ievel is 2.3 inches below maximun1
hp
13

KLS Swine Farm DV-2013-0009
01/14/2013
14

Rosebrock, Melissa
From: Rosebrock. Melissa
Sent: Sunday, January 13, 2013 5 04 PM
To: Kim Griffin
Subject: RE Press Release
Attachments: Press Release - jan 11,2013 docx
Kim, sounds ok. I made a couple Suggestions in - '.
From: Kim Griffin [kimsgriff@aoLcomj
Sprit: Saturday, January 12, 2013 10:58 AM
To: Rosebrock, Melissa
Subject: Press Release
Melissa,
Attached is the Press release for Couner-Tribune for your review. Aslo I assume that on their website to summit I will use.
Submit a News Suggested Story Headline- I put Press Release. Text of Release - be Notication
I22CV

Notification of Wastewater Spill in Randolph County
House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities,
animal operations, industries and others who operate waste handling systems issue news releases when
a waste spill of 1,000 gallons or more reaches surface waters.
In accordance with that regulation, the following news release has been prepared and issued to
media in the affected county.
KLS Swine Farm, LLC of Staley had a waste water spill on January 11, 2013 of an estimated 5,000
gallons from a pumping error off of Shady Hollow Road in Randolph County. The untreated animal
waste entered a tributary to Sandy Creek, which is classified as WS-III in the Cape Fear River Basin.
The Division of Water quality was notified of the event on January 11, 2013 and is reviewing the
matter. For information contact KLS Swine Farm, LLC at [phone].

ri
Rosebrock, Melissa
From: kimsgnff@aol cam
Sent: Sunday, January 13, 2013 9140 PM
To: Rosebrock. Melissa
Subject: Re Report
I will see you tomorrow thanks.
Sent from my Verizon Wireless BlackBerry
From: "Rosebrock. Melissa" <jnelissa.rt)scbmck'cr ncdcur.goN >
Date: Mori, 14 Jan 2013 0239:03 +0"
To: Kim GriMn<kirriskrifl'u_aoIxom>
Subject: RE: Report
Not at this time. I will probably stop by the farm on Monday around 11:30 or so. I will check in at your
office first and I have NOT been to any swine farms ---in over a month.
From: Kim Griffin [[e-mail]]
Sent: Sunday, January 13, 2013 5:28 PM
To: Rosebrock,, Melissa
Subject: Re: Report
Yes,
I will checked into getting something automatic.
I will correct press release with correction and submit it tonight.
Today, there was no standing water from building down thru pasture, the only standing water was one area where the thick
grass where cows walk is before you get to the spring that feeds that tributary if there is water still stand in the morning this this
area I plaice a barrier between that and spring It was only clear water runing from spring down tributary, did not see any holes
with waste water
Any thing else I need to do?
Kim
----original Message ---
From Rosebrock, Melissa <meIHssa. roseb_rock(a7ncde_ nr go >
To. Kim Griffin <kim_sgriffftaol cqm>
Sent Sun, Jan 13. 2013 5:08 pm
Subject RE Report
Got it, thanks. Just a thought ---is there a way to put an automatic shut off on the pump if it gets too full
again? Sort of like the rain breakers?
From: Kim Griffin Lkjmsariff� a .:. ]
Sent: Sunday, January 13, 2013 12:51 PM
To: Rosebrock, Melissa
Subject: Report
Melissa,
Report on discharge

Should have waste analysis back this week
Samples will be obtained on Monday (1-14-13) and taken to lab.
Kim

KLS Swine Farm, LLC
Kim Griffin
January 13, 2013
Report on Discharge:
The discharge occurred at the isolation barn where a fill -pump motor was mistakenly left on. The fill -
pump puts lagoon water into the floor to thin waste so waste can then be pumped out into the lagoon.
The fill and remove pump are operated manually. The discharge released around 5,000 gallons. The
discharge came out two V pipes extend out the building. The discharge went down into the pasture,
down a raven, continue down a vegetated waterway, meets a spring and then flowed down a unnamed
tributary to Sandy Creek.
The time of the discharge occurred from around 8:OOAM to 2:OOPM on January 11, 2013. The pump was
accidently not turned off on January 10, 2013 around 3:OOPM. The isolation barn at the time had very
little waste in the barn so it would have taken all night to fill barn floor up before it starting flowing out
of the barn. There are 3 fill pipes that go into the building but only one pipe was opened. The discharged
was immediately stopped when found on January 11, 2013 at 2:OOPM. The pump out was turned on to
remove waste out of building and pumped into lagoon. The discharge flowing out of barn was
immediately stopped by plugging the pipes where overflowing was occurring.
On January 10, 2013 1 (Kim Griffin) was pumping waste out of the isolation barn into the lagoon. I turned
on the fill -pump to put lagoon water into the barn to thin the waste so it could be pumped back out into
the lagoon. The system is turned an manually when operated. For some unknown reason it seems that I
forgot to cut the fill -pump switch off but I did cut the pump -out switch off.
When known of accident steps taken were immediately to turn off fill -pump switch. Pump -out turned
on to help remove waste and pumped into lagoon. Pipes plugged so stop from running out of the
building. Due to the fact from raining that day, 8 bales of hay were placed in the creek pathway to slow
the runoff down. It was hard to get equipment down to this area from being wet to build a earthen
barrier. A lot of the run-off was in the vegetated waterway where thick grass is and that also has
drainage pipe in ground. Also 2 bags of lime were placed in vegetated waterway to kill fecal coliform
bacteria in cases of further run-off or rain. The next morning there were no signs of anymore run-off.
Clean spring water was running down tributary and no run-off was seen in tributary on highway. The
second morning(Sunday) no further runoff seen, lime still in place, some absorbing and drying in the
thick grass.
The future prevention of this situation would be to remember to always turn off the fill-in and pump -out
switches and to always double check.

Rosebrock, Melissa
From: Kim Griffin [kirnsgriff@aol com]
Sent: Saturday, January 12, 2013 10,59 A#A
To: Rosebrock, Melissa
Subject: Press Release
Attachments: Press Release - jan 11,2013.docx
Melissa.
Attached is the Press release for Courier -Tribune for your review Aslo I assume that on their website to summit I will use
Submit a News Suggested Story Headline- I put Press Release. Text of Release - be Notrcation
Kiwi

f
Notification of Wastewater Spill in Randolph County
House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities,
animal operation, industries and others who operate waste handling systems issue news releases when
a waste spill of 1,OD0 gallons or more reaches surface waters.
In accordance with that regulation, the following news release has been prepared and issued to
media in the affected county.
KLS Swine Farm, LLC of Staley had a waste water spill on January 11, 2013 of an estimated 5,000
gallons from a pumping error off of Shady Hallow Road in Randolph County. The untreated tributary to
Sandy Creek, which is classified as WS-III in the Cape Fear River Basin.
The Division of Water Quality was notified of the event on January 11, 2013 and is reviewing the
matter. For information contact K1S Swine Farm, LLC at [phone].

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Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, January 11, 2013 4:13 PM
To: Kim Griffin
Cc: Mitchell, Patrick
Subject: Discharge Requirements
Attachments: ANmalSpillPressRelease- doc
Kim,
First thing: earthen berm to contain waste. Please let me know how far it traveled (i.e. road/bridge).
Example of press release is attached.... submit within 48 hours and copy me. I can review it for you before you send it
to newspaper if you if you want. Discharge was into UT (unnamed tributary] to Sandy Creek
Samples of waste in lagoon within 72 hours and submit results to ❑WQ (me) w/in 30 days. (I11.9. in permit).
Spill report to me within 5 days (see number 111,9. in permit).
Research and Analytical Labs "R & A"
Sid Champion 336.996.2841
Hope this helps. Keep me posted. Thanks,
Melissa
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwater ualit .or
E-mail correspondence to and from this address may be subject to the
North Carolina Public petards Low and may be disclosed to third parties.

E' ample of Animal News Release
Notification of Wastewater Spill in Sampson County
House Bill 11.60, which the General Assembly enacted in July 1999, requires that
municipalities, animal operations, industries and others who operate waste handling
systems issue news releases when a waste spill of 1,000 gallons or more reaches surface
waters.
In accordance with that regulation, the following news release has been prepared
and issued to media in the affected county (ies):
The John Doe Animal farm of Springfield had a wastewater spill October 1, 1999
of an estimated 1,000 gallons from a spray field near the intersection of State Road 1445
and Big Curve Road. The untreated wastewater spilled into an unnamed tributary that
flows to Big Creek in the Cape Fear River Basin.
The Division of Water Quality was notified of the event on October 1, 1999 and is
reviewing the matter. For information contact the John Doe Animal Farm at (457) 968-
2254.
#################

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, January 11, 2013 4:25 PM
To: Kim Griffin
Cc: Mitchell. Patrick
Subject: More info for press release
Unnamed Tributary to Sandy Creek, which is classified as Wes[[[... in the
Melissa Rosebrock
E-mail Address: [e-mail]
NCUENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street. Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwateroaiit oorg
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records [ow and may be disclosed to third parties.

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, January 11, 2013 &54 PM
To: kimsgriff
Cc: Mitchell, Patrick
Subject: RE:
Good deal. Thanks for your efforts. As a precaution, I notified emergency management and the Ramseur
water plant since the since the discharge will eventually make it to their water intake. Hopefully by then, it
will have diluted enough that it won't affect their plant.
As another precaution, would you please treat/cover the waste on the ground with powdered lime? You can
get it from Southern States I believe (others may carry it as well). The lime will help kill the fecal coliform
bacteria. Then if it should rain, any further run-off into the stream will have been treated. I'm not
expecting anyone to be playing in the creek this time of year, but you never know about kayakers and
canoeists. I would keep track of your expenses for your own info.
Were you able to construct a berm to help contain the waste still on the ground?
Please continue to keep me posted. Thanks.
Melissa
From: kimsgriff [kimsgriff@aol,com]
Sent: Friday, January 11, 2013 6:50 PM
To: Rosebrock, Melissa
Subject:
Melissa,
I checked the creeks just before dark on the highways and they were no signs of Iogoon water. It was clear water. I
would say it is about three miles from my place thru the woods to the highway. I will check it again tomorrow morning
and let u know.
Kim Griffin
Sent from my Samsung Galaxy Tab 10.1

Rosebrock, Melissa
From: Kim Griffin [e-mail]
Sent: Saturday, January 12. 2013 10 30 AM
To: Rosebrock, Melissa
Melcssa,
This morning the lagoon water had not reached the creek on the highway There is clear spring water running and no signs of any
runoff. Most of the areas the lagoon water was absorded into the ground no sign of really standing on ground. The areas that has
high grass and deep pockets(cow prints) is the only area you seen sign of lagoon water. This area is way before the spring start
I put lime in this area to help kill bacteria if futher run-off occurs if it is not absorbed into ground before the next rain next week I
put quite a few bales of hay to absorb what was left of the runoff. It is so wet and low area that I would have problem with bobcat
working in wet ground. I will put a load of dirt down in the low area between now and Monday when the sun and weather warms
tomorrow I will have this ready before the next rain occurs to cover if all of what left is not absorbed or dried up
Thanks
Kim

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Rosebrock, Melissa
From: Boyd, Tom
Sent: Friday, January 18, 2013 12:50 PM
To: Rosebrock, Melissa
Cc: Edwards, Lisa
Subject: RE: Water spill impact minimal from Staley swine house I Courier Tribune, Asheboro
Spoke with the plant operators today and they have not seen any impact from the spill.
Thanks,
Tom Boyd
Environmental Senior Specialist
NC DENR Winston-Salem Regional Office
Division of Water Resources, Public Water Supply Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice [phone]
FAX [phone]
Please note: My new a -mail address is [e-mail]
*********************.***************
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the Content is exempt by statute or other regulation.
From: [e-mail] [ma iIto: [e-mail]]
Sent: Friday, January 18, 2013 12:41 PM
To: Boyd, Tom
Subject: Water spill impact minimal from Staley swine house I Courier Tribune, Asheboro
,fieIissa,rusebroc, k(ciiicdenr.gov seat you ail article.
Fyi
Water spill impact minimal from Staley swine house I Courier Tribune,
Asheboro
STALEY --- an Jan. 11, KLS Swine Farm, LLC, of Staley had a waste water spill of an estimated
5,000 gallons due to a pumping error off Shady Hollow Road in Randolph County. The untreated
animal waste entered a tributary to Sandy Creek, which is a source of water for the Town of
Ramseur. Melissa Rosebrock, with the Division of Water Quality in Winston-Salem, said the spill
was caused when the...
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