820077_2001 - 2002 Correspondence_20171231

CORRESPONDENCE
NORTH CAROLINA
Department of Environmental Qual

B.
L
€ c Z rtYv
`t3 :� ..................
M4. 4 -.

mr,
mI

1:
11
�. w..
.,.
I I
­v- I ---- - ---- - 11 .... :::::::::* O
� Ei11 I ire
i Oi, 0:::::[8�:,
"
r"st tsr rm,�s� r
c th t w € :r t r€ t R yam t
c
t i � t the GI s
" t Pa rt It ,
b trd ..ts;
dr ti(ivey i
hiss
a H, ' S� U
DOSE' Hlm' N.
rt
°rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr ii
T giOamr 0tQMi0f QI
a<
t
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr:rr7rrrrr:rrrrrr:
:
r �rrr drvi ts��

1%
P
DM FARMS of Rose Hill, LLC
P.O. Box 1076 Rose Hill, NC 28458
August 31, 2001
Mr. Paul Rawls
NCDENR
Fayetteville Regional Office
Division of Water Quality
DERIR FRO
4 2001
Dwo
Paul,
For the purpose of clarification, 1 have made a couple of minor revisions in the document
that was previously faxed to you. Please disregard the faxed copy.

--------------- ---------- - ----------
...............
.............
... .... . ....
. Hl \/\\/Of.....
M F\\\os\/\\\/IS
......... ..
Att 31 0 ::200,
-g

if o er r questions r mm �t ca 1 �7298
n yi
Assistant. ' oducti a h for

1 L!. tI" �I t 11 C31]I IS I :IiL ::ilidiliG�Ti IGi /7ii13 ti d kl Ylif.
U: Y
U 3Y43..
11, is there evidence of'aver n s slaeat crnO-Excessiv l'arrdrn dr ttlrc t ry rload-
No
130 the r rurrr dri# vrtl these , esr oai d to the C ertrfr rl r rrral' rite lvlaraa erxretrt Matt (C:A'fill )?
Yes
ONO
14. };Does th facrlrt lacy acie mate aerea e B lcilrCl a lahcattozr:r
ales
b) Docs the dote� islation't
des
N6
c This faerhty rs;perredicrr atcttalile acreletxtxrlrratrrre
g
15. Dees the recervtrr crcrfi need rrrlarcrverrrent
des
I6, is them a jackof a*quate wasteapplication equ- ,m ,t
OYes
0 No,
t errrea l 'Cords
Rail to have C�rIffi �rte ofC:overag� & General ertrrit or other l�er�rrrt readily available?
U Ycs
El No
IS, Does ffie fsc flit tail t bays all composents of the CeriI ed d i al Waste NTana e en1ari roadily avatlable?
7
�
14. braes record kcc sxi aced irrrfrro�rerrrerit' {► (rrrr atttrrr3 freeboard, iva to air lysrs sail sar rr l relaort
El YesEI,NCF
. l facility irtat izx cotrilalrasrce vrrtlr air a slalrca le setlaacl� criteria in cf ect at the time of ........... OR
Ycs
i is
1, Did the facility fail to hav a acttuely cerTified op a,0 . to charge`
� ��s
� No
. Faihonottfy re tonal of cs�er ertcy sattratrraris as;regttzrecl by Cxeneral �ernut,
� ? disclaai cp fr lacrard lrroblettts� csver afslrlrcairrar�)
ices
0 NO,
. l od i2evt tlbispo for tail to discuss re revs/trts}recta€rrr crib c�rr arte relaresentatcve?
es
I
4. Does facility regvire a frrilo �rrp visit by sarrr a eaac�,
es
? s Werc atiy a lclrtirriral rol ferns irrated hrelr cause rtrair rarer lrarrc of tia ertrfied P?
E]Yes
[I No
No vrr>latrrrsas crr-dcPrererrcre ire rioted dtrr ing dire visit. You: will reccive,atrr ffirther corr.gptrrrde ce about titre vrsrt>
RevlewerllstspectorName �ttcrly lr rtrra�r
c�wer{l rleccar 'itttrr°e{
5103101
■
'e�rrtirr�r

05103101

Division of Water Quality
Division of Soil and Water Conservation
a Other Agency
(Type of Visit 9k Compliance Inspection O Operation Review O Lagoon Evaluation I
Reason for Visit O Routine O Complaint O Follow up 0 Emergency Notification O Other ❑ Denied Access
Dale of Visit: $ 4-7ei Time: o? t oD
Facility Number '`( '
Q Not O erational C Below Threshold
Permitted j Certified 13 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ....................
Farm Name; ......
..f..�t�.t!'..Ifs.........�.r.�..t..t:.�.S:y County:.......a!l Pion ............................. ..... v......
OwnerName: ...... Opt ... Fk n.:5 ......................................................................................Phone No:........ .....................
Facility Contact: ..... Mrry..... 7k4C..................................... Title: .......z1.1.11.:... !14 'k .......................... Phone No:...................................................
MailingAddress: ....... .20..8.o.X...... t �7.0........%................j..................................... ....2O.w"..tJ..41.1 .. VC ... ...................................
Onsite Representative: , �<ED/ 'de........L 7...f��l�. ....................... Integrator: ............. Mk;0Lj.................................................
Certified Operator;,,,,,,,,,,,, It'd
l....................... LAa. ................................. Operator Certification Number:........��.�j 2„ ............
Location of Farm:
Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' 6 « Longitude ' 4 «
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
Wean to Feeder oo ❑ Layer I I I[] Dairy
Feeder to Finish o ❑ Non -Layer I I ❑ Non -Dairy
Farrow to Wean
El Farrow to Feeder Other
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Molding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? Yes ❑ No
Discharge originated at: ❑ Lagoon ISpray Field ❑ Other
a. if discharge is observed, was the conveyance man-made? ❑ Yes allo
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) j�Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes RNo
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'? ❑ Yes f XNo
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2 Structure 3
Identifier: M T�; y........ !I
Freeboard (inches):
5/UO
❑ Spillway
Structure 4 Structure 5
............... ........ ........... .... ............. I...............
❑ Yes ❑ No
Structure 6
Continued on back

Facility Number: 11 Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
1O *iP1)t(Wtls or- fttjcjen�i", vtore PjAp d(Whig #bjs'vjsjt' • Yo0 witj•>�eet~i ye 46 t?uj-tjiQr;
correspondence. ab"f this visit. • ; .:.. • . . . . . . . . .
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary
Q
�l)-
CI Jar3" on /`Inc° �%.
OtJ(� was no'�'�e��
�
-�Pn, vn g/B`i /01 �1no7[ u
Wcls4r ��Sc e
0CC_tArej d-P
we avo ar
5``CPR.?(o�Cjj I
6L )IN0, t'h2
zs�Y��C?� I�W M
S C �QS j �VcS rn��iLzdt "1Y� d1�5C [J�'
On InI�Y 1tt ( n qL CLjkclnL.)n
ReviewerAnspector Name
�` 5h qr c
Reviewer/Inspector Signature:
Date: r} 5/00

Facility Number: 9.2 —tl.7 Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below []Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of property within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, C] Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? 0 Yes 0 No
30. Were any major maintenance problems with the ventilation fan(s) noted? (ix, broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) 0 Yes [I No
31. Do the animals feed storage bins fail to have appropriate cover? 0 Yes [I No
32, Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? 0 Yes [:1 No
o Additlo kComments; anor'Dra ngs: T
Ck earx OPA-41005 (jugMmi-ld L A JA e-r e WCZ15
WOL's U--A'S Q P
t%u-
A
W" ACJ
0 SPI*d-j
Love
ctx, aA, 4-a 4
Sarnpless ups4,-m,
(J 4 4\,
L')as Con .5"Jerf-S r s:
Al I
%.A.j f IAA11 V'-~ T-4 P tit Qe-
rt3y'orn,& CLr',e
QG" art Qp be 4A I 4 "Ti rcA re -. &OU, ' t i e
0�

[I Yes 0 No
I Facility Number: v;j, — 7 7 Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
......................
below C] Yes [ No
28. Is there any evidence of windciixift curing land application? {i.e Bue on neighboring vegetation, asphalt,
roads, building structure, and/or public
29. Is the land application spray system intak ocatc e liquid surface of the lagoon?
major
m e id sur� 30. Were any major mainte roblems with the ventilation fan(s) noted? i.e. abelts, missing or
or broken fan s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?

917 Cault Hayne Sow
Fayettevilte, NC 29303 Phone [phone] Fax [phone]
FAYUTTEVU I MMON
CHAIN OF CUSTODY RECORD
PAGE-- 1 OF I
CODE:ONLY
0 - MNO3 (pN-:24 +,cg
C - ft2SO4 Q*<o
E - ZN Aostdo + <410
F-
MIMI!
loons
1111111
1
mallco
looms
son
mommonsommose
m
lingloommoom
m
0
inns
=MEMO
1
2
7/f, f10
toOnqufthod or. pppmwtW*l
0-06
Tb"
Do*
Tbb*
3
4
Tiam
ROCW..d W. rMPbMVj
Dow
rum
8r
Commftft or Specirl Hxmrds:

Report to:, WATER QUALITY SECTION Page I Of
CHAIN OF CUSTODY (COG) RECORD
NC DENWDWQ LABORATORY (check one), P(CENTRAL I I ARO -i I WaRO
For Investigation of.
Dff
.;
Sample collector (printriame) , !:�� M an
and DM -I forms completed by: r" I 1��
_pa..............................
Sample collector's signature:
Field storage conditions and location (when applicable):
Lab Use Only
LAB NO.
STATION NO.
STATION LOCATION
DATE
SAMPLED
TIME
SAMPLED
NUMBER
OF
CONTAINERS
m
-11,00
I:z
4,
44;ab
A
DIAM)
Relinquished tature):
Date
6,1*A 1
Time
6$3c,
Received by (signat re):
Date
Time
Relinqukked by (signature):
Date
Time
Received by (signature):
Date
Time
Relinquished by (signature);
Date
Time
Received by (signature):
Date
Time
Method of Shipment (circle one):
to Couri Hand -delivered Federal Express UPS
Other:
Security Type and ConditionS7.,
Sealed by:
st e"nu,-,
Broken by:
I
INTRALABORATORY CHAIN OF CUSTODY - Lab Use Only
MBERS
THROG
RIM
I ANALYSES
REQUESTED
RELINQUISHED
BY:
RECEIVED
By.-.■
NMI
/ 1
�I�IIL��I
QA\ForrnsiSample Receiving\COC form WQ 4/1010ldbs

1W Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
— # vn✓ — uA A1i,MA4-Ai �inEui
FAYETTEVILLE, NC 28303
[phone] I [phone] (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY + CONSUMER PRODUCTS
WATPQ *AID s WACTVQ. P00r).1>MARkAArpiiTirAt C • MTTTDACRYTTYrAi C
CLIENT: NC DENR -- DWQ
ADDRESS; Wachovia Building, Suitt 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Paul, Rawls
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Source - #01WE86110
2. Upstream - ID #01WU86111
3. Downstream - ID 001WD86112
OF
DATE REC'D: 1 : f 1
SAMPLED BY: P.
NC #11 q5
NC »3'71Y
USDA #3787
SAMPLED: 08/30/01
M '_tf f�_ Ik4t
SAMPLE CODE: WW, Grab
REFERENCE: MAG 4
DATA REVIEWED BY:
DATE REPORTED: 09104101
ANALYSIS METHOD 1 2 3 4
wwt*ww*+wk*wwwwwwwwwww*wwwwww+w,wwwww+w++s+,r++r+*++*wx*srvrr++rwwr++#++++++�.*+w++�.+tw++#+++
x
COLIFORM, FECAL (per 100 ml) SM18 9222D 4200 1545 3400
cobfions: < = Less than
> = Greater than
FM>Tj51
EP ` 6 2001
The data and other information contained on this, and other accompanying documents, represent only the. MEMBER
sample(s) analyzed and is rendered upon the condition that It is not to be reproduced wholly or In part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting chemical and Microbiological Analyses and Research

CLIENT. NC DENR - DWQ DATE REC'D: 08/30/01 SAMPLED: 08/30/01
ADDRESS: War;hovia AU:11dirig, SuiLo 714 SAMPLED BY: P. Sherman
rayottevillo, UC 28301 DELIVERED BY: P. Sherman
CONTACT PERSON: Mr. Paul Rawls SAMPLE CODE: WW, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: MAG 4
SAMPLE ID: '1- Source #01WE86110
2. Upstrebm - ID #01WU86111
3. Down Li -All ri)) 015.IWIL)86112
4.
DATA REVIEWED BY:
DATE REPORTED09/0i/Of
+ 4- + 44- 4 4, 4 4. A + -4r 4-,+ .� 41 41 + 4- 4 4 4, + 41 4, �b• 4-& + 4- 4 4, + A + 4, + 4 + + 1 4 4- 1, 4- A, 4 4, V 4 + + 4- + 4, + a, A� 4 4•
At"YSIS µ 3
COLIFORM, FECAL (per 100 ail) 5M18 9222D 4200 1545 3400
cobodws: <- = Lei.,; than
> - Greater that
DENR
6
PAGE 1' OF 1-
The data and other information contained on this, and other accompanying documents, represent only the
sample(s) analyzed and is rendered upon the condition that It is not to be reproduced wholly or in part for M E M 13 6 R
advertising or other purposes without written approval from the laboratory,
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

............. ..................
SEP-13-2001 THU 09:39
............
AM SANDERSON PIPE
......
.......
FAX NO. 19042753247
....................
P. 02/03
DIMENSIONAL SPECIFICATIONS
O"de
ScImIule
Nominal Pipe
Diameter
"
10-P 0
�w
minimurnWall
Average Inside
Weight of Pipe
or
Siza Inches
Diameter Inches
I
Mmr-
Thickness Inches
Diameter inches
_ pe r Ft. (lbs-1.
sc . t4n 43
5o111) 41
1840
600
860
'109
147
X02
.826
.1"
206
315
062
.616
.106
SCI-11) go
314
1.050
480
600
164
.722
'218
.278
SDFJ
200
.131
WI ID 40
1.315
450
'133
1,020
W1011) cc)
00
.936
A,00
fprLti-
200
(1111 fry 40
1.61)o
370
140
1138
.434
V1.0 11) 60
1 1/4
820
.191
1.255
.507
6111) 21
200
.0so
1,480
.268
r.m 26,
ISO
.004
1.522
--M-
�,Q 10 40
.145
11590
1510
FACHD 813
SM 21
1 112
470
200
.200
.090
1.476
1.700
.686
345
_-
VNI) 40
2.376
280
A54
2,047
.606
I)CM) 110
ft
400
.21 B
1.913
,w
60n 21
200
.113
2.120
.51
P1,111 ".
160
al
9,173.
.44
8641) 4f)
2.875
300
.203
2.445
11096
f5cl 1r) A0
420
.276
2.200
1,449
Sort 21
2 1 /2
200
A37
2.551
.70
C)Dri IN
180
.110
2,635
.663
j.,
125
AN
2.680
4 14" 1 r)
3.500
260
1916
3.042
1.435
$('1110 30
370
.300
2.864
11938
21
3
200
.167
3.148
1,127
Gorl K
100
31210
.932
ell Irl W.5
126
A08
3.264
J04
Pltl 14 1 ..
. . .
-,. ....
-
3,310'
1=0 10
4.500
220
.237
31998
2.048
=1 it) 00
320
337
3,786
2,833
S01"I 21
200
.214
CO46
I.8S9
=11 20
ISO
.173
4133
1.521
US
.136
4.204
1.234
ton
.11()
4,?00
8CH) 40
5.603
190
968
5.018
2.770
,f,rl ID tit)
290
.375
4,768
3.930
on 21
A000
'205
5.001
P-83
curl w
160
214
6.107
2.32
V)n 3A.5
128
171
5.199
1,876
T,�Dfi 4!,. .-
-.. -,-. - ----
100
.136
GUI 10 40
6493
180
280
6.031
5,709
3.60
*Drl PC
60 015.5
(1I)n 41
US
100
PBS
.204
'.162
6.084
0.193
6.201
3.200
2.852
2120
swipj_
0
.394
kM7---
1.30
661) 40
&S26
160
-.
.322
­
fA
7.i
5.427
MI 02.5
126
.265
0.063
4,401
81)n 41
100
1210
8.160
3.5011
601 In 41) 10.760
140
9.976
7.683
8r.1 11) 81)
230
.503
0.403
12.106
wn 21
10
w
. .511
9.667
10.54
t-111H rO
160
413
0.874
0.00
fInrl Xilo
121
.331
10,046
6.95
1
100
202
1-0.j
&S84
?"?:I FJil)- 2.7116
ISO
'4018
11.888
10,171
SCA ID 00
pan
,6A7
i i.29-i
18.78S
60fi 21
ani 1 .110 12
0.00
160
.806
MO
11 AOS
11.711
14.70
12111
MR Nrl
125
.392
11.919
3.77
C011 41
100
.311
112.091
7.05

.............. -13-2001 THU 09:35 AM SANDERSON PIPE FAX NO. 19042753247
Ono Entotprit.o WOO, SaAderson, FL 32087 a Telephone (904) 275,4W89 * Fax [phone] * Wais 1 -800,609-3553
TZ am A K W;
I �Y A it 4 1 2TA44111 1-91 ;&-S 0
P140DUCT MANUFACTUR150
* MV I Of & 20' 1 114" - 12"
* Solvent Sewer 2729 & 3034
# SCH 40 112" - 18"
Well Casino 2" llall
• Gasket Pressure Pipe 2" - 12"
a Foam Core 11/211 - fl"
* Prassure Rated 1112" - 1811
# SC H 80 1/2" - 611
* Gasketed Sewer 4'f - 15-
# Highway Underdraln 4" - 8"
* Voctrical Condult 1/211- 611
- tIL Approved
PVC (Polyvinyl Chloride) Typo 1, Grade 1 PVC
Istho mostfrequantly specified of all plastic piping
materials, It has been usedsuccessfullyforover30
years In su&t areas as chemical processing,
hidu5;Lrial plating, chillodwaterdistribution, deionized
waierliries, chemical drainage, DWVpiping, and
ifflUntion systems. PVC is characterized by high
physio,al properties and resistance to corrosion and
chomiCal attack by acids, alkalies, salt solutions
--dainnyolherch-mica's Ifflisa"ack-A however ftl I I Ulf OV-11 W lull f.
byTx)tar, solvents such as ketones, some chlorinated
hydrocarbons and aromatics. Of the various types
rind grades of PVC used in plastic piping, Type 1
(' virfii I PVC. f0ell C.1m;1firation 19.41rtit-Rl
confoaning to ASTM D-1 784 issuporior with respect
to tho. above properties. The maximum service
t6rnpomiure for PVC Is 1400 F. With a design stress
nt 2000 PSI, PVC has the highest long term
hydrostatic strongth at 730 F of any of the major
i hem -soplastics being used forpiping. PVC is joined
by solvent comenting or,threading. (Schedule 40
1t1ponhould out bu llwmdud.)
*1
MANUFACWRERSCERTIFICA710N
Sanderson Pipe Corporation manufactures
PVC pipe to meet one or more of the following
standards:
• ASTM D 2720 Sewer Pipe
ASTM D 1784 PVC Compounds
• ASTM D 1796 PVC Plastic Pipe Schedules 40 & 80
• ASTM D 2672 Bell -End PVC Pipe
ASTM D 2241 PVC Pipe (SOR-PA)
• ASTM D 2665 PVC Plastic Drain Waste
& Vent Pipe
F 480 PVC Well Casing Pipe
F891 Coextruded PVC Pipe with Cellular Core
ASTM3034
NSF Standard No. 14
1 1A J, I;J 4 - U-1111 J11T-ZT*1*A V fl-tlft-
Thermoplastics and thermosets will decrease in tonsilo
strength as the temperature Increases, thorolore the working
pressure must be reduced accordingly. *fhe foilowint factors
Will apply:
Temperature Correction Factors
Opervift
FACTORS
rempernuffe
PVC
CIPVC
plo
Mr,
F. 70
C. 21
1.00
IA)
1.00
1.00
80
27
0.90
0.96
0.97
0.95
90
32
0.75
O�92
0,91
0,87
,AA
1UV
11 n
J0
A &^
V,uz-
^ tic
0.85
^ ele
U.0-1
A Oft
U.QU
110
43
0.50
0.77
0.80
0.75
115
46
0.45
0,74
0.77
0.71
120
49
0.40
0.70
0.75
0.68
t
V 0
A Ce
7A
0.71
kK
130
54
0,30
0.62
0.08
0.62
140
60
0.22
0.55
0.65
0.59
ISO
66
N.R.
0.47
0.57
0.52
1 ACA
; V111
"71
I J
XT in
I If . IN.'
A AA
U."tv
A CA
%,A , Its
n
A A-lf
111. *T
170
77
N , R.
0.32
26
0.26
0.45
IRO
92
N.R.
0.25
it.
0.42
200
93
N.R.
0.18
NA,
0.36
,M)
QQ
N
0.15
N W-
n 11
240
116
MR.
N.R.
N,R.
0.25
280
138
N.R.
NK
N.R.
0.18
t• K.-14ut1U:Lunmjcjidt:d.
tRecommandati, for continuous drainage prvilitire rattly.

09/14/2001 11:39 DR FEHR INC NC 4 19196581413
4 VW-1-UAQ-r04-4-,) MHNtU I I4977461YJ
K F UM
I Annfitable Standgrog,fi
Materials: ASTM D-1784, NSF 14
Joints: ASTM D-3139
Gaskets; ASTM F-477
Wall Thickness: SDR-21
NSF 14 Certification.
NOTES,
AJI tOy length$ & W0lQht4 are approidmate and are subject to
Chang. -'th.nm!".
- I with., It 'VA.
Fabricated fitting configurations may vary,
STYLE LIMENn:
H — Marco style one piece molded,
HS Marco style one piece molded, reduced by use of (lush eyek
the V ihri him -g
�nn
. -- 11 . -- —h,
F — Flo style one 0000, Molded,
FS Flo style one piece molded, reduced by use o(JIUGtl eye thd
x the bushing.
C Manufactured by Carlalrt-Teed Qorporation.
A Assembled using one oloce Molded fitting With MIPT x
Qask,etod adopter or Spigot 4d2PlQf lot branch of BEL1
Fab - Fabricated using ScH-40 PVC fittings Mth HIIMD Spigot
allipters (or pipe) solvent welded togatner. (Sao pressure
failing warri;no on this page,)
Witping: Frequent or $$Vote Cyclical pre8guire surges (WATER
HAMMER) can dost-1 PVC It. wn9z, "ofe. ow-1- mr-0ansimay
VIA
44R. MARGO 13EEP BELL DU"C'TILS IRON FITTINGS for IRS size
PVC pipe should be gonsiderad. MARCO DEEP SELL DUCTILE
IRON FITTINGS are available In sizes 1114" through 12".
Pab gbdl; Thaae flttlMgb use $CHAO PVC Ottinge. SCH-40 PVC
Ft7ING8 00 NOT HAVE A LONG TERM PRESSURE RATING.
Son section 8,32 of ASTM 0248a-07. Use Of thee* filliml)s In
pressure xystarns is W user'; risk,
The use of anything but oroparly designed and installed thrust
blocks YAII reduce the V* of plastic IlWnp, Thrust blocks must be
poUracll concrete only and sized for 00 soil =4111ons. Joint
tealf4tnt PrOOV013 are available,
DATA
Nor 111 1111111111 1
KE
—1171
0111111muff
�an
IN
•
EM
KFM
I
REDIXER (SxG)
CALL FOR OTHER SIZ93, CONFIGURATIONG & OASKET MATCMA0,
THE HARRI Cs ON CORPORATION
F 0 PDX 1033'5-v-LYNCH5Wt0 VtROINIA24004 * 10107-3721 CORIEN PLACE - LYNCHOWRO W(GINIA ASoI
PHONC 49t 646-7004 9 FAX (6M 846-13562 selasuristoollhings.com
4

J
Table 2. ..Factors for Calculating Thrust W for
Elbows -and: Tees.
El bows: 90o W 1.41 Tees = 0.70 1-
600 1. 00
4 0.76A
300 .0.52
2 'to ,0.39
Table 3 gives the safe bearing load for different soil types.
Table 3. Safe Be'aring Load
Soil lb/ft2
Mulch, peat and similar 0
Soft Cl ay 1000
2000
Sand and qravel 3000
Sand and gravel cemented
with clay 4000
Hard shale 10,000
Thrust block area (ft2) .= W Thrust (Table I & Table 2)
Soi I bearing strength (lab I e 3)
In placing concrete thrust blocks, check with the manufacturer of the
pipe be . ing used to ensure that the correct size thrust blocks are
being,used.
There are a number of machines that can be used to prepare -the
trench for PVC plastic pipe. Soil types, moisture content, depth of
trench required and type and diameter of pipe MW4t —+ be considered.
L' -
Generally chain trenches, wheel trenches, -backhoes, or vibrating plows
will be.
used for trench preparation. The vibrating plow can only be
used for solvent weld PVC pipe and generally is limited to the smaller
diameter of pipe. Under most conditions the chain. trencher or wheel
trencher will be faster than the backhoe. * ' Where wide trenches for large
pipe are required, the backhoe will be most satisfactory. If soil
conditions permit, long stretches of open trench will expedite pipe
installation. However, if rain is forecast the pipe should be installed
and the trench backfilled. To avoid sharp turns in the line at obstructions,
trenches should be curved within limits of curvature of the pipe.
-7-

U11
0
Figure 2. Anchorage blocks for in -line valves.
Table 1 is the forces encountered at end plugs. to calculate
forces encountered at bends, tees and wyes, multiply the figure in
Table I by the factors given in Table 2.
Table 1. Thrust W at End Plugs
Thrust in 1hq. ff)r test nrPr.,;urp in neti
Pipe Diameter
inches
100 PSI
150 PSI
206*PSI
250 PSI
11
295
440
2
455
680
910
1140
21�
660
990
132'0
1650
3
985
1480
1970
2460
4
10 r.V
011) n
Ll LW
A
4.;40
6
3740
5600
7460
9350
8
64,90-'
9740
13, OM
16,200
10
10,650
16,000
21,300
26,600
.
_
1� 150
22.700
30,200
37,800
14
201600
30',800
41.,100
51,400
16,
26,600
39,800
-53,100
66,400
I
m

T
j j
._..---�--._ ._ _-.
----- Yi ►•1'� +ram" �A+1��,.�-� '"_'"' j t��S"��2 �^ � --� ..__ __._ . _ . .
_...... _........ _
i �
J e_ -___ fir . and . ..._ 1 t �_+new "-. ad .,�►► e
,
1K� v c, Y CJr dA � ...Y. i�'l't if"L- . ere-S I Arl n

+
C f A L.• F•� +t jtt".+..1
roll 4^A40—

4
have been revised. If the system is only operated in the upper fields, the
operators have, been instructed to open the valve to the pivot in the lower
field 'd long enough to vacate Si iel ate the air. Since this time, there have been no
further problems with the operation of this system. If additional
information is required, you may contact Gary Scalf @ 919-658-1412.

Attachment I
IRRIGATION MODIFICATION FOR MAG 4 SITE
Description of Piping
This system is being retrofitted from an all traveler system to a partial pivot
irrigation system. In order to adapt this system, new pipe and risers have
been installed and some of the existing risers have been removed. All of the
new risers and replactmen ' t risers are epoxy -coated, galvanized steel risers.
The existing pipeline and the new piping is 6" Class 200 psi PVC pipe, All
fittings are Harco gasketed SDR-21 fittings.
Description of "T" Fitting
The fitting where the failure occurred was a Harco gasketed SDR-21 tee
fitting. This fitting is rated for operating pressures of 200 psi. There was no
failure in the PVC portion of the fitting or in the thrust blocking. The
gaskets were actually rolled out of the fitting between the pipe and the PVC
portion of the tee. Contact was made with the Engineer at Harco ( David
Manning 434-845-7094) and after consulting with his people it was
determined that this situation can occur with extreme pressures in the range
of 600 psi: 7
Description of IndustEy Standards for Dekgn and Installation
The system changes were designed by Gary R. Scalf, Certified Irrigation
Designer with Rainman Irrigation, Inc. of Mount Olive, NC. The standards
used in the design and installation are based on specifications of the
Irrigation Association and MRCS. The pipe and fittings installed in this
system have a pressure rating of 200psi. The thrust block design standards
and calculations are attached. There was not a failure in the design or
, - �+_ 11 4-L
NlKauafion ofV the pipe, fitting, or thrust block. The problem that occurred
was the result of removing risers equipped with air vents which had
previously provided more rapid evacuation of air from the system. Upon the
initial start-up, the Divot in the lower field was one -rated at 80 pi with no
failure. The failure occurred later when a reel was operated in the upper
field at approximately 140 psi. Following this event, we determined the
cause to be excessive air pressure in the system. The design standards do
not include any equation for determining how many air vents are needed per
linear feet of pipeline. Experience has shown that end risers and Z-pipes
should be equipped with air vents as well as at least half of the line risers.
Five additional 2" air vents were installed in the high points of the system to
assist with purging air from the pipeline. In addition, start-up procedures
11. k ,

vkM rAKmN of nose Hil1,LLC
P.O. Box 1076 Rose TE11, NC 29458
September 19, 2001
Mr. Paul Sherman
NCDENR
Fayetteville Regional Office
Division of Water Quality
Mr. Sherman,
DES
9 SEP 2.4 2001
DO
In response to your letter dated September 7, 2001 requesting additional information be
provided to the Division, I am providing two attachments. Please see Attachment I as a
response to your points I through 4. Attachment 2 provides copies of our' IRR- I and
IRR-2 forms for the three months prior to and including August 29, 2001.
Please contact me if you have questions or need additional information.
Sincerelv.
-zTjate
Assistant Production n;rp^tnr

rt
6''C}ii Analytical and Consulting Chemists
)M
,%Now ff % N Mawr saw 1316 South Fifth Street
Wilmington, N.C. 28401
boratories DATE RECEIVED 08-30-01 [phone]
nc:. DATE REPORTED 09-04-01 Fax [phone]
()IT1431
PAGE I OF I
VANN LABOIATORIES P'O'
P.O. BOX 668
WALLACE, �-'C 28466
ATTENTION: WAYNE VANN
SAMPLE DESCRIPTION: 4.WASTEWATERS 08-29-01
1.
VL
08
29
01
101
2.
VL
08
29
01
102
3.
V1,
08
29
01
103
4,
VL
08
29
01
104
Total Phosphorus, as PO4-P, PPM
Nitrate, as NO3-N, PPM
Dissolved Phosphorus, as PO4-P, PPM
RESULTS
1 2 3
4
34.8 1.04 0.19
0,25
<1-00 <1.00 <1,00
51.00
16.4 0.45 <0.05
<0,05
Q
ROGER OXFORD, CHEMIST

Ocr 2 201
MA/0,
For:
Vann Laboratories Phone: [phone] X.,
R 0. Box 668
Wallace, NC 28466 Wastewater ID #: 22
WASTEWATER ANALYSIS REPORT
se Hill., LLC Date Samples Collected:
August 29,2001
PARAMETER
UNITS
DATE
ANALYZED
Source
Point of
Entry
Upstream
Downstream
PH-
8-29-01
7.7
6.7
6.5
6.5
BOD5
mg1L
8-30-011
98
33
3,3
4.5
COD
mg1l,
f
Fecal Coliform
cO1.1100 ml
8-29-01
28,000
4600
280
420
Total Kjeldahl Nitrogen
mg1L
8-31-01
134
9.0
3.08
2.7
Total Residue
mg1L
Total Suspended Residue
mg1L
8-30-01
1372
68
<20
20
Detergents MBAS
mg1L
Oil & Grease
mg1L
Total Phosphorous
mg1L
8-31-01
34.8
1.04
0.19
0.25
Sulfides
mg1L
Phenols
U91L
Total Chromium
UgIL
Total Copper
UgIL
Total Magnesium
mg1L
Total Zinc
U91L
Ammonia Nitrogen
mg1L
8-29-01
96.6
6.3
<0.8
<0.8
Nitrate
mg/L
8-30-01
<1.00
<1.00
<1.00
<1.00
Dissolved Phosphorus
mg/L
8-31-01
16.4
0.45
<0.05
<0.05
L
Signed:
Date: Septimb,er 8,2001

NC DENR/DWQ Chemistry Laboratory
Report to:
Sample Condition Upon Receipt Anomaly Report (SOUR)
LANti'm ber:"
-AX P"2T
ample'ID:
a k4
e c, 6 n ty
�640 ver asm.
Collector: '
'Date Bikiii: Time Begin:
Priority:
$ample'Type:
Affected Parameters:
The condition of these samples were not acceptable because (check all that apply):
• Coolers 0 Samples (affected samples are described below)
• Samples were not received on wet ice M laL,
arnples not received, but listed on fieldshect
• No temperature blank submitted: a Samples received, but not listed on fieldsheet
Ci Sample T* reading 0C C3 Samples not received, but listed on COC
0 Cooler To reading: 0C C3 Samples received, but not listed on COC
• Temperature >6*C, T* reading: _'C a Mislabeled as to tests, preservatives, etc,
• Samples frozen C3 Holding time expired
C1 Improper container used
• Containers C1 Insufficient quantity for analysis
• Leaking
• Broken
C3 Without labels
0 VOA vials with headspace
C1 Sulfide samples with headspace
0 Container Labels
D
Not the same ID/info. as on COC
0
Not the same ID/info. as on fieldsheet
Q
Incomplete. Missing the following:
C3 Station #/Sample ID
• Collection date
• Collector
• Analysis
• Preservative
• Other:
0
Markings smeared or illegible
0
Torn
Corrective Action:
0 Chain of Custody
• No custody seals
• Custody seals not intact
• Not relinquished.
• No date/time relinquished
• No Signature
• Incomplete information
N
Documentation
• Fieldsheetwet/ille.,crib-le
• Fieldsheet incomplete:
• Records not written in indelible ink
0 Other (specify):
0 Samples were rejected by;DWQ.Lab. Authorized by:
E3 Accepted and analyzed ppr,collector's request after notifying the collector.
C3 Accepted and analyzed,a.fter notifying the .client and deterrnining that another sample could not be secured.
• Sample(s) on hold until-.
• 'Sample(s) accepted and analyzed. No notification required.
• -Other (explain):
Person Contacted:
Unit Leader Review (initial):
NUT
WCH
Date:
Form completed by: Date:
VGA SVGA MET
PEST lVlIC
QATonnASample RecrivingkSCUR 9/29/01dbi

LHVISJON OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI)
COumy PRIORITY SAMPLE TYPE
RPAM BASIN C01)2_ P�.r (D
REPORT TO: AROO�RO RRO WaRO WIRO WSRO Ts QA STREAM EFFLUENT
AT BM I"
nC..P.A.C. CHAIN
other OF CUSS - A -As It
Shipped -*.(I, Ob.r E)EMERGENCY OCH Y cb�my
nfn�­ ZRI ,
COLLECTOR(S)-. I S�
'on STATION LOCATION: MOA 44 (1 zllorc; Sin-,
Estimated BODR -6S/40-Mor]00 pros STATION
Y*60 N.13 Chl000xtd.yten N.(E REMARKS:
For Lab Use ONLY
Date R.celvgo:,,
1 Tim0_"2 V-!5
c'
R.d by- 1WIZ)
1 Fc�w:'a r;.r-H Del
DATA ENTRY BY:
�Mand
CK:
DATE REPORTED-.
iiel Date -End
Time End
Depth DM DB DBM
Value Type
L
Composite
T S
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
0
18
19
20
DODS 310 fi/i
lChlU,14g
940
as IN 610 mail
P-1.1thJum 1132 usa
cOD High 340 mgA
Chi 4: TO 32217 USA
TKN as N 625 mgn
Mi;+f&grw.iuv% 927 mg/l
ICOD
Low 335 ma/1
Chi s; Corr 32209 u9A
NO2 plus NO3 as N 630 m9A
Mn-Manganese tOSS USA
Cotifor.- 14F Fecal 31616 /rooml
Pheophyti. a 32213 Ug/l
P: Total as P 665 mg/I
Na-sodfun, 929 .9vi
Collforva: XF Total 315N /100ml
Col., True $0 Pi Co
PO4 a. P 70507 .9/1
A,selcTUtat 1002 Uq/j
Colllor­ Tobe Fecal 31615 /100ml
Cotr.(PH )83 ADMI
P- Dissolved as P 666 mgA
Se -Selenium 1147 ugA
C.Iff— Fecal Strep 31673 1100rut
Color. PH 7.6 82 ADMI
Hg-Mercuty 719W USA
lt.slduc Total SM
Cyanide 720 .9/1
Cd-Cadrula. 1027 ug/l
Organochlortne Pesticides
Volatile 505 ing/f
Fluoride 951 .9/1
Cr-chromi.—Toul 1034 uqA
omma-0-whoU. Pesticides
Fixed 510 mg/1
Formaldehyde 71880 angl.
Cu40oppr 1042 .9/1
Residue: Suspended 530 mg/l
Grease and Offs SS6 .911
Ni-Nickell 1067 USA
Acid Hadbicides
Volatile 535 .9/1
".rdne,s, Total 900 mg/i
Pb-LAd 1051 UJI/I
Fixed 540 .9/1
Specific Cod. 95 umhos/cm 2
Z-Zlu. 1092 g/l
Boo Neutral Extractable Organics
PH 403 ..it.
MRAS 38M man
Acid Extractable Organics
Acidity to pH 4,5 436 mSA
Phenol. 32730 USA
Aq­Sjlve, 1077 ugn
Acidity to pit 8 3 435 g/1
5.1faft 945 m9A
Al -Aluminum 1105 U11/1
Purgeablir Organics (VOA battleread)
Alkalinity to PH SJ 415 -9/1
Sulfide 745 mg/l
at -Beryllium 1012 Ugn
Alkalinity to PH 4.5 410mg/l
Ca -Calcium 916 UASA
TOC 680 mmailC.-C.balt
1
1
1
1037 g/l
T.rbldlty 76
P.4m. 1045 USA
E
phymplakron
Sampling Point X
Conductance at 25 C
Water Temperaftne, 40
D.O. m9A
PH
Alkalinity
Aridity
Air Temperstum 40
PH sa PH 4-5
PH 4-5 PH 9-3
2
94
10
300
A00
82244 431
82243 182242
20
Salinity S
Preelpition &Vd.14
Cloud Ca. X
What Direction 0)eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
gas Stream Depth it
Stream Width it
490
45
32
136
1351
1350
ls—
DMI/Revised

DENR-FR'Q
I ocr 19 n, 11
DIVISION OF WATER QUALM
ch"Wary I.Am"t"y PAP*" I Wafer Owns,
MW
SAMPSON PRIORITY
RIVER BASIN; AMBIENT F-1 QA MX STREAM 0 EFFLUENT
REPORTTO FRO 949iortal Offim M COMPLIANCE Q CHAN OF CUSTODY M LAKE INFLUENT
oth. . M EMERGENCY VISIT fl) f—I EMARY
COLLECTORM ipir--S
L&bN..ba
IW6995
Dam 9tod".1:
8/31/2001
T— R&d� ed:
9:45 AM
R.mved By
U34W
Data Rclemd
AR
Dau, Repotted:
0/10/ZWI
Estimated BOB R-sc MA04DISCHARGE
Date E" ("t—mo H. 1. —P.ZT, S. 0 1 U.'s, Typa
13DOWNSTREAM 200IM30 ?jt I
x
BOO 310 10 G3 2!-
COD ffigb 340 .8/1.
001) 1— 335 9/L
cdir.- MF Fcam 31616 /100.1
Colifix— MF TOW 31 sod /100.1
C.Iifo—= fta,e F—I 3 16 15 1100.1
Colif.— I—[ SM, 31671 /two
Rmkfu Total SW .9/1-
Volatile so mg/L
Fuss 510
lk..dt 330
Vbudle $35 L
F—d 540
PH 403 units
Acidity M PH 4,5 436 FA
Addilytor.11 .3433 mgL
AJkfl.jfyupH9,34l$
Alkafirotytvp)44.5410 rC
TOC6W 1911.
Tlt!!t4o 76 NTU
Cohlb— Total Tube IW os
COMMENTS:
Chtmi& 940 mWL
CM.- Tfi 32217 n/L
CW a: Cos 32209 uga
P"hybn . 32213 g/L
Col-. T— AD
C,4-.(pH)93 . pit -
Color. PH ?A 82
Cyanitle 720 WL
Fluoride 951 mFVL
F—k*hV* Tim -,A/L
G— ..d Oils 556 mV/L
H-I.=- Total 9W mg/L
5 'fic Cond. 91 mahW=2
MRAS 39260 mafl.
ph,00b 32730 oll/l.
Sulf-943 WL
Sulfide 745 -WL
Boton
Tannin & Likoi. g/L
H—loolch—do.
X
NH3 . 1:610
0,56
IR/L
x
TKN..N625
20
WL
NO2 pl. NO3 a N 630
0,63
mg/L
P, Total as P 665
,g/L
PO4 as P 70307
9/L
P., DimNod . P 666
WL
K.Po Was
mg/L
Cd. Cadmium 1027
uWL
Cr-ChmWuatTotaI 1034
Cu- Cop, 1042
WAL
Ni-Nke 1067
ug/L
Pb-Lead 105
u$VL
Z. 4. Im
ug/L
V-V..d-...
ug/L
AS- Sil— t071
U�L
At-Al—inum 1105
ul-
Ca-Calcium Old
mjVL
co- Cobalt 1037
uSIL
F, I— lots
uF,/L
1132 g/L
Mg- Mag—fto 927 WL
Mn-Man 1035 . L
Na-Sodium 929n*/L
ArSv1iC-.ToW 1002 ug/L
Sc S,kziiurrl 1147 WL
HS- Mc—p�. 71900 ug/L
NLR-lito usVL
OfloanophosPhoratt PtatuclM
Add Hbda
R—/Nmmald:AddExWactaW0fpnim
TPH Dqrsef Ranto,
P.Wbk Opi. (VOA bonk 4d)
TPH Gasoline R..=
TPH/BTEX Guoum Rgnp
phytopinam.

NC DENRIDWQ Chemistry Laboratory
Report to:
Sample Condition Upon Receipt Anomaly Report (SCUR)
4-7
::7 LC:!
Lab Nu
wri
iaiio n Location.
(,-,OL'ntv:
lver Basin:
.Collector- / A
Date l3eg'tn': Time Begin:
Priority: L40
Sample Type: 144 492e - .l
Affected Para -meters:
6f
kcr
The condition of these samples were not acceptable because (check all that apply):
C1 Coolers 0 Samples (affected samples are described below)
a Samples were not received on wet ice 0 Samples not received, but listed on fieldsheet
13 No temperature blank submitted: C3 Samples received, but not listed on fieldsheet
a Sample T* reading 0C 0 Samples not received, but listed on COC
C3 Cooler T* reading-, 0C 0 Samples received, but not listed on COC
0C 0 Mislabeled as to tests; pr servatives, etc.
C) Temperature >61C, T' reading; 1,`e .­ �
0 Samples frozen 0 Holding time expired
a Improper container used
0 Containers Q Insufficient quantity for analysis
• Leaking
• Broken
• Without labels
• VOA vials with headspace
• Sulfide samples with headspace
13 Container Labels
•
Not the same ID/info. as on COC
•
Not the same ID/info. as on fieldsheet
•
Incomplete, Missing the following:
0 Station #/Sample ID
E) Collection date
• Collector
• Analysis
El Preservative
Q Other:
•
Markings smeared or illegible
•
Torn
Corrective Action-
0 Chain of Custody
• No custody seals
• Custody seals not intact
• Not relinquished.
• No date/time relinquished
• No signature
• Incomplete information
0 Documentation
0 Fie Idsheet wet/illegible
C3 Fieldsheet incomplete;
cl Records not written in indelible ink
0 Other (specify):
C3 Samples were rejected by DWQ Lab. `Authorized by:
• Accepted and analyzed per collector's request after notifying the collector.
• Accepted and analyzed after notifying theslient and determining that another sample could not be secured.
• Sample(s) on hold until:
• Sample(s) accepted and analyzed. No notification required.
• Other (explain):
Person Contacted-, Date:
Form completed by: Date:
Unit Leader Review (initial):
NUT VOA SVOA MET
WCH PEST MIC
QMformMample ReceivinglSCIJR 9PS/Oldbs

UlViSION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY FIELD -LAB FORM (DMI)
COUNTY PRIORITY
RrVERBASIN Ca _
REPORT TO: ARQ:j" MRO RRO WaRO WIRO WSRO TS nAMBIENT FIQA
AT SM
Other nCOMPLIANCE 0 CHAIN
llblppwdbr.<11�u��Cwf CIEMERGENCY OF CUSTODY
Estimated 800 Range: 0-5 -25 25-65/40-130 or 100 plus STATION LOCATION:
Seal: YORCI NOE] Chlorinated-. Yes C1 NOR REMARKS:
Q,
SAMPLE TYPE
STREAM
EFFLUENT
tJ LAKE
C1 0'*WENT
k it r, 't U sT# 0 rw) Y
For Lob Use ONLY
Lab Nutube,
Date Recsi Td:49LI19!a TI-0
DO
DATA ENTRY BY: CH:
DATE REPORTED:
LIP
111,11 Begin (I
01 , C
Time EadlDapth
DM DB DBM Value Type
Campodta Sample Type
C GNXX
I
2
$—
4
5
6
7
8
9
10
I I
12
13
14
15
16
0
18
RODS 310 .0/1
Chi -rid. 940 mg/t
NH3 a. N 610 mg/l
U4Jthiu- 1332 .9/1
COD High 340 mg/l
Chi Trl 32217 ug/l
TXN as N 625 mnA
Mg Magrrraium 927 mg/f
COD Lost 335 mg/l
Chi Carr 32209 ug/l
NO2 plus NO3 as N 630 #.gA
M.-M..lim"mae 1055 ug/l
Conform: 14P Fecal 31616 /100mt
Phophyti. . 32213 ug/l
P: Total a. P 665 MVI
Na-Sodlem 929 mg/l
C-llf-rm MF Total 31504 /100.1
Pt-Ca
Color. True 80 Pt -Co
PO4 as P 70507 ragA
ArsenicTotal 1002 g/l
Collformu Tube Facat 31615 /100.1
I
C.Ior;(pH )83 ADMI
h'
P, Dissolved A. P 666 gA
Se-S.1c.lu. 1147 O%A
[C.11fortut Fecal Simi, 31673 /100.1
Color, PH 7.6 82 anal
. ..... —
1"ercury 71900 UgA
Residue:Total SW .9v1
Cyanide 720 .0/1
Cd-Cd.i.. 1027 ug/l
Organochlorine Pesticides
vrtlaule $05 mg/l
Fluoride 9SI ma/l
C.-Chroutfunk7r6w I034 -an
ompoophotphoft. Paxoddes
Fixed 510mg/l
F.,..Id.hyd. 71880 mg/l
C.Cpper IG42 .9/1
Residue: Suspended 530 WO/I
Grasse and Oil. 556 .9/1
NFNlcktl 1067 -9/1
Acid Herbicides
Volatile $35 virt(l
Hardness Total 900 mqA
Pb-Land 1051 UgA
Fixed 540- -
Specific Cond. 95 Mhux/c.2
Zo-Zl.. 1092 u
Base/ Neutral Extractable Organics
PH 403 units
MBAS 38260mg/l
ugA
Acid Extractable Organics
Acidity to PH 4.5 436 mg/l
Phenol. 32730 ug/l
�JA�"Ilv"er
10�77
Acidity to PH 9.3 435 .911
Sulfate 945 tMA
1AlA'uminuto 1105 ugn
P.rge.blit Organics (VOA bottle reg*d)
Alkalinity to PH 8.3 415 .9/1
Sulfide 745 .0/1
Bs -Beryllium 1012 no/[
Aft-lialitt to pH 4.5 410 g/i
Ca•Calcium 916 .40
TOC 680 mgfl
Co-C.b.1t 1037 ugll
Turbidity 76
Fe4ron 1045 u9n
Phytophutitton
Sampling polar x
nductance at 25 C
Water Temperature fa
D.O. mg/l
Pit
Alkalinity
Acidity
Air Temperature fo
PH 8.3 PH 4.5
PH 4.5 PH IL3
2
14
10
300
400 1"52241
431
9224.1 IR2242
20
Salinity X
Ptecipitionon/day)
Chad Cover
Wind Direction iDes)
— no" 7111yl
S­ft
Turbidity Severity
Wind VelocityM/H
®nSoream Depth it
StreamIqn
36
1351
,I
Ic
DMIIR.vl.a,i 10/86

F �DENR-FRC
mile
DIVISION OF WATER QUALITY
COW" SAMPSON PR
R11/19 BASH: AMBIENT QA n sntEAm EFFLUENT
REPORT TO mo Rtxk4xwor= n COMPLIANCE MX CHAIN OF CUSTODY [:] LAKE INFLUENT
Other ; n EMERGENCY vlstT IV ESTUARY
axucmws): REVELS
Lab Numbs : IW6984
Date R4x6vw 8/31/200J
Time R4a9dm1= tAS AM
Remind R, RMW
Eudmat.d BOB An. Station Lontiomz MAG 4 D6CHAKGE UP SMEAM
Seed: CM.A.audt R.—k.;
D li- Wl--Idd) Daft E.d (yyAuWdd) —9.0. — Fd ptb - DM. DIL DiRd
- Bl2WI0330 _ _ IT' 04t0
I T, T --L= �1�
x
BOD310 II G3 81L
COD High 340 mS/L
COD 1— 335 mj/L
C410M MF F—I 31616 /100.0
Wifo=MFT.w3l5N /I00.1
Cofifu— tube F—I 31615 /100.1
culif— F-1 sb= 31673 /100.1
Residue T4ta1
V.Lfik 503 WL
Fbced 510
'ILL—
kmd— 530 'WL
---
VbtafiL 533 L
Fbord 540 uglt.
PH 03 -im
Addltv. . ilff 4.3436
Ackray to PH8.3435
ATk.1WtytpH&341S /L
Alkarinity to PH tS 410
Toe. 2w
—L
Turbidi 16 NTU,
.. Tube /Ioo.b
Colifmm �
COMMENTS-
chlud* 940 -P./L
Chl a, Tri 32217 ug/L
CM a: C— 32204 -VL
Phwohytin, 32213 MLL
Cotor. T— go c_u_
Colm (PH) 83 pH= cu.
Cy..i&- 720 L
Fluoride 951 g/L
Formid&-h*11880 wy.
Grease and Oils 556 ZfL
Har4n T-W 900 WL
SpmfwCond- umtm/cm2
MRA538260 ..-/I
Phenols 32730 ug/L
Sulfate 943 mg/L
S.M.& 745
Rm
Yaruun & Li in
H—.lm Ct-.u.. uVL
x
NIV.N610
1.0
*/L
X
TKN�NVS
2.8
r/L
X
X02pl.NO3.,N630
005
mga
P-Tml"?665
WL
PO4 . P 70507
mg/L
P: Eli—laed . P 666
a/L
rpeL
Cd-Cadmium 1027
WL
Cl-Ch-W.-T44a1 1034
ugrL
Cu C.PW 1042
L
e—
NJrNwW 1067
-----------
ueL
Pt� LI-4 losl
31—
Zn, Zi- 1092
ML
ug/L
Ag-Sil-1077
uglL
At- lumimmllUS
ug/L
- B"Afi.. 1012
aeL
C., C&w. 916
ca G.*bW. 1, 1037
ug/L
Fe- bon 1045
Li -lithium 1132 u8/L
WL
MI4,oMa927
bn.nese1055 gL
N. Sodium 9" L
A—iz.T.W 1002 ug/L
Se. Seknium 1147 WL
Ng- Mmury 71900 ug/L
ujVL
OwpwphFruadm
Add R.Wd.
Bw/ kuwMAdd Eat—N, Rrew.
TPH Diml R.m,
�anf* Opnda (VOA b.Ok mqd0
TPH Gasoline Ransr
TPH/RTEX G—H- R-ge
Phywpjankt4n

For Lab Us. ONLY
utvt�fVty V17 ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI)
COUNTY "- E/stt o r St9"."� PRIORITY
REPO T TO. IH�{7, Q1- ❑AMRIENT QA
REPORT TO: AR AO RO RRO WaR4 WIRO WSAO T5
AT BM
Other COMPLIANCE CHAIN
OF CUSTODY
Shipped by: Bns Courier, tall, Other J;y EMERGENCY
COLLECTORIS), n.a.( Jstt/'maa
Estimated ROD Range: 0-5 -2S 5-65/40.130 or 100 plus
Sesd; Yes ❑ No❑ Cblorfoated: Yes ❑ Now
SAMPLE TYPE Ju—
❑)j STREAM IGSI EFFLUENT
1� LAKE INFLUENT
❑ES„'j,'CI$T4Y11tkk Ii��4 it i Y
Lab Number.
--
Detg Recgfved /00
�ry��._._
�Ainrirz?�
Rec'd by:�
From: Bus ostler and Del
DATA ENTRY BY:
CR:
DATE REPORTED:
staff— # Dnte Regis ipy/mm/dd)
S Cyi,-,t�... � �
Tlma Begin
{�; i3�
Datg End
Tlma End
Depth DM DB DRM
Value Type
A H L
Composite
T S It
Semple �Ty-�pe
4gl GNXX
1
2
3
4
5
6
7
8
9
10
I I
12
13
14
. 15
16
17
18
19
24
BOD5 310 mg/I
Chloride 440 mgA
NH3 as N 610 mgA
Li-Lithlum 1132 ugA
COD High 340 -till
Chi a: TO 32217 ug/1
�
TAN as N 625 -9A
MV�Magt-stum 927 mgA
COD Low 335 m8/1
Chi a: Corr 32209 ug/1
x
NO2 plus M03 as N 630 m9A
MmMangatrese 1055 ug/i
Collins.- MF Fecal 31616 1100.1
Pheophytin a 32213 ug/I
P: Total as P 665 m%A
N*,Sodium 929 MSA
Coltiorm: MF Total 32e04 "MiGad
Color: True 80 Pt -Co
PO4 as P 70507 mgA
AtsenittiTotat t002 uvI
Coliform: Tube Fecal 31615 /Ioomi
Col.HPH ) 83 ADMI
P. Dissolved as P 666 mgA
Se-Seieulam 1147 ug/i
Colitarm: Fecal Strep 31673 /100mI
Color. PH 7.6 82 ADMI
Hg­Mercury 719M USA
Residue: Total 600 +nail
Cyanide 720 � . mvi
Cd-Cadmium 1027 "A
Orgatuchlorine Pesticides
Volatile 505 mg/1
fluoride 951 mg/I
CrCIur d.saTwrd 1G34 no
Onganoph sgrMxus Perticides
Fixed 510 mgA
Formaldehyde 71880 mg/I
C.-Copper 1042 ugA
Residue: Suspended 530 mg/I
Grease and Oils 556 mSA
NFi4fcke1 1067 u9A
Ark! Hatbicides
Volatile 535 mg/i
Hardness Total 900 mgA
Pb-Lead 1051 ugA
Fixed 540 mg/I
Specific Corm. 95 umbos/cm2
Zo-Zinc 1092 u9A
Be"/ Neutral Extractable Organics
pal an3 units
MBAS 38260 -9/1
Acid Extractable Organics
Acidity to PH 4.5 436 mg/I
Phenols 32730 ugA
A"Ilver 1077 ttgA
Acidity to pH 8-3 435 mg/I
Sulfate 945 m9A
AFAluminmm 1105 USA
Forgeable Organics (VOA bottle reg'd)
Alkalinity to pH 8.3 415 mgA
Sulfide 745 m9/1
Be -Beryllium 1012 agA
Alkalinity to pH 4.5 410 mg/I
Ca -Calcium 916 m8/1
TUC 680 rnSA
Co -Cobalt 1037 agA
Turbidity 76 C1Ii)
Fe -iron 1045 .94
1
Phytopiankton
Sampling Point
conductance at 25
aft, Temperer-
D.O. mSA
PH
Alkalinity
Acidity
Air Ternpemture 40
pH" PH a..5
pH 4.5 PH 8.3
2
94
to
300 1
82244 1431
82243 182242
20
Salinity X
Preclpltian 0.1dwA
Claud Cover X
What Direction loeg)
Sumus Flow y
Turbidity Severity
11350
Wind Velocity M/H
Plearr Stream Depth it,
Stream Wdth tL
490
45
32
36
135I
35
L
4
DMIAtevised 20A)6

DIVISION OF WATER QUALITY
cb_,hPy taberm—y RV.A! vv.ftr Q=Ikr
MW SAMPLETYPE
COUNTY SAMPSON
131ORrrY
RIVER BASIN:
FX] AMBIENT a QA
STREAM
EFFLUENT
RE-PORTTO FRO
r_1
E i COMPUANC-E r
IX I
LA_
INFLUENT
Oa— :
M wERGENCY VISIT TO
ESTUARY
COLLECTOR(S) REVELS
Lo N..e— IW6M
Date Received: 8/31/2001
7— Ro.-,d: &-45 AM
R"'i-d BY HMW
Dal, Rqmted: 101ZV2001
F.fi­t,d ROD R..gc Stator. Location: MAY 4 DISCHARGE SOURCE
Seed: Cbbd..1.4; Rao.m.
Statbma -d 1I*A � DK Do, num C—p.U'T,S,13 I Sm.* Tn. 1-SOURCE I T 1 —1
x I
ROD 310 8.0 J2.G3 mg/L
tCOD
High w ­0 -
COD 1— 335 g/L
Cold— MF F—I •31616 /100"
C.Iilo m: MFToMI 31504 pooml
C.M.— tub. 1-.131615 /loom[
COO— I—] Shvp 31673 00.d
ReMdt- Total 500 ZL
YdaHle 505 m/L
Fixed 510 mg/L
Residue Sus 530g/L
.g/L
F'..d 50 mSIL
..it.
Aridity to Ii 4.5 4% p.9fL.
Acid is 3436 w/L
A£kakhd to 8.3415 -K/L—
A] gw to S 410 /L
TOC 680 g/l,
Iturbidity 76 NTU
1c.1.0— T—Ir,+o - ,I00.L
COMMENTS:
Chloride 1W
Cbl w Tri 1m7
lc7da:Corr3=9 uKjL
PheoEhvti,,_1nI3 ug/L
Cot- T­ go
Cola: (PH) 83 PH-
Col— PH T6 82
C­nide 720 mrjL
Fluoride 951 m/L
F.—I&hWe71NO 11mVL
G­MOOh556 mg/L
H.,d_ Tom1900 mg/L
sp�cilw c..L 95 r.11-1c,.2
MBA5382W Ing/L
FFceaai,wm g/L
5.1f.w 945 gjL
Sufflidem mVL
B­
T.—io & Lignin n/L
H-1-t Chromium ug/L
x
Niz as N 610
1,2
ME
Ma. N 625
3.8
—
.1giL
3,
NO2 Plus NCR as N 6m
0_DIU
g/L
P, Total as P 665
-9/L
PC4 . P -70507
mg/L
P. D-1,td as P 666
mg/L
K.F.—i—
mj!j L
Cd_C3drd_1027
ug/L
IBM
-g/L
_.C1_ch­i1mTotaf
Cu-Co IW
.&/L
Ni-Nickel 1067
ugZL
I Pb-Lead 1051
ug/L
I Zr~ 7a. Im
_/L
Iv.V_di_
ugZL
Ag, Silver 107
, fI-
Al- Alurrioom TIPS
.9/1.
C.-C.ki.-916
mg/L
Co- Cobalt 1037
ug/L
Fe, 1— 1045
R/L
Li -Lithium— 1137 z/L
ME- M.Em.. 927 g/L
Mat-m—K.— 1055 MIL
Na-5odium " M/L
A­jc:Toftl 1002 u L
Sr Sol..i.. 1147 u L
HR­ M.— 71900 ug/L
w-B.two, .,j L
Om—hkwi— Pest-d-
OqgaMhmpho Fstkidm
And Hebkids
Base 1NourmI&Add Eatt-tabkorg-k"
ITPH Diesel R..m
Pm..ble A btfl­od)
TPH C­oji- Roc
TPH/VrEX C—ol— R,,p
DENR-
WT 2 22mi

DM FARMS FIELD RECORDS
I IRR I
Operator -i tuq.4�
Date 6-7-at '
Start','Level
Stop Level
IrriglogAs

DM FARMS FIELD RECORDS
IRR I --
Operator
Date 4-yi-6711
Start Level e(l
Stop Level
Irrigation
Time
Gun
Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Lagoon i
Riser #
Start
I Stop
Total
6-11-01
Pftq�S4 1A
11-
j"
A15*04
-f-r
32r.0
.2.1
60
_70f —,,,
It. $k
it-ft.
ct:2t 7
"4
it. jj-
.2./
i o: Je-2A!r
.
k,
&-tt -a{lrls�a-,q
#fbr
1!14:r
11cf, TV.6"
60
;4!00
3.'W
RA
J.'c r
y
X-rUK—
w1i I
o
.2.1
S'6
r.,Iv
IVA
y
ro
T, SS
t,,- Z-g
370.0
psl.'I
WA,
19-A
IT—*14
37T9.4
i)As,0
50
7TS
u-A.
t.
R.A.
C-11,j
wNa
I
T7n4,x-)&3.Q
--ZP,6`
SO
i4o
A.
7- 6 r1.
,
Id V�A.
wp It P,
Z2.
Irriglog.xis

DM FARMS FIELD RECORDS
IRR 1
REM
sm
� e
�
i -
Jl
1 i.11 I'm,
i .
®mow"
��.+
• I
�
r 1
s
r d
to
�
.
/tSm
mmm
�
0^;g,vg.:!s

Qperator
Date
fr
�����±ii f•
��� �
ICJ
1J a
®MKMORE
■
11���1��!/�
� -
`
Sll .
l.li.... r
■li!i�
i� t tt.
�III�
... , 1..�
��
���
1
itr[glog.xls

DIM FARMS FIELD RECORDS
IRR I
Operator Start Level I?
Date &-Ic) Stop Level
irrigation
Time
Gun
Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Lagoon
Riser#
Start
Stop
I Total
6-14-01
1-i
5:30
W20-"r
A
1. 1
gc)
Y-
Sod
S.13t KA.
*4:00
9014
17".0
3-0vf�-
Stop. K VL-
V.
j741,_0
/.0
�,51-
'$to 0.
g
s-0
Cf S S- XA
la,
AX
AX
1-1
L))-A
336-a
37614.03-'
J-0
10,00 d
j1-'o-1m,4,
sv, V, A
117-3
lr56-
32,r,,j
-
3 3 7 -j..n
- -
'r
'Z"'7��A
1
%-
r
zl,-1�701- tt
'Lio
V41
.2-g
So
.?.a
0
3,7213
V2,ry
44
-AO F IVA-
Z7.-',e 0
KA-
Z!-w
50
V
X-X
Irriglog.xis

\Operator
Date
Start Level jgw�ZSI
Stop Level 30 "
MFNM M-
M'I .111
m1c.
WAN M
F 1 W
NO MIP",
W.
MIN,
M A
m
m
mm
NEW,
wlfma�m
im,mm,
WM. Wj
1 1 WO
M,4,M,
, Mi A
M.
M
WW-. I i
Eci M
ON M-
9"40
MR, F, -, ME 1 5
3,�. q kgglog.)ds
�4) �. =4+i,5
C, I- . ?—*+IN5

111M FARMS FIELD RECORDS
IRR I
Operator f .17 -
Date ezA,9-ol
Start Level
Stop Level
7111111111111
Immsm,
�
Bonn
IrrigiGgAs

DM FARMS FIELD RECORDi
IRR I
Operator 4&
Date -dj
Start 'Level - ---411
k-mL—
Stop Level 3fY
Kam
am
• I W-4 ,
mp.
2,
1 "n - 1,
P, "I.
p- I
m
".W
0 AM -011.
, W. IN,
alm
I i "m ,
P, , - R.
m
m
J,
0. - "Is
I\C—V-3 'We^4L 1,^ C--
Owvxd J,\,tr r V.0 OAQf--+6,- %jk.r.444, Iniglog-As

DM FARMS FIELD RECORDS
[TIT, I
Start Level rr
Stop Level
��JjjmmMtuy
SKUTrAm
MOM-
rkm
- W-..,
=-m
MR.
mmwmlwowl
=mlmmmplw.
WARWA
—��e�s�i�i�i�
IrriglogAs

X,M FARM$ FIELD RECORDS
IRR I
Operator P�. LCA
Date 7-6�, f
Start Level j4
Stop Level a,7
Irrigiog.xis

wr
DM FARMS FIELD RECORDS
. IRR 1
Operator k A -
Date 7-4-61
Start Level 3
Stop Level
EMS=
■i-����■�■■�■i�iiiiiii�ii�
Im's I to -W -

Fillritur-M, T,44=1�
Operator K A ,
Date -7-t:i-oj
Start Level
Stop Level *,-& 2
mgmm
Imam
7INTIT
MM.
mm
MIN
"I

DM FARMS FIELD RECORDS
IRR 1
Operator pnioe Start Level --.?P
Date 2-5-m' Stop Level — 3c
Irrigation
Time
Gun
I Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME . I
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Riser#
Start I
Stop I
Total
-Lagoon
fit
j. Fj Tp --
To9p,
X,,i�
7-c?-o)
1-4
q?h
30.3133k.9,
60
vp
4 ;4 qft.,
yp
3qov I
A4, 1
30q.3
1331.1
&0
4-.01 0
1
y. VP 55ye-
11-cip-
VA,
17-13-01
1-4
St
3314.(,336
2
1. to
60 ,
- 14
0
I-q
53
_33 4 - (o
331o. j
2.3
70
$* I D-4x
ep
ep
'9.'55 4A,
I a
r2_13-61
j_q
47h
334,1133N,
.2.7
(00
12"10to-
1: 0'7pm
$y?_
I t4
1.11?
33to.Q
V. to
2.7
toO
12:17p&,
&I.*
Peo?m
P
lniglog.xls

DM FARMS FIELD RECORDS
IRR 1
Operator L1.2.
Date 7 -17 - 01
Start Level 31
Stop Level -33
MOM-
mmmmmmm
iiiiii����i■�i��iii�i�i�
MM =.!

DM FARMS FIELD RECORDS
IRR I
Operator
Date
Start Level 3 -"-'
Stop Level X7,
Irrigation
Time
Gun—
Press
� TIME
INITIALS I
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Lagoon
Riser#
Start
Stop I
Total I
A
Tio.1.1
X.A-
1&- 01
Yh.L1 Ir
--
2.-7
ct',,t!5KA
KJV
11f2o
/6-01
No'l,
a. S -
3-6
to
3L" is
1'.) S
V 5-u
1.
?-/6- (q
rAt I ;1
11-1
%44!
3
13�
-34
16o
18!.10 X.A.
q, 'k�A-
00
IW 00
11' 5S'
C'tj
mt j -T
14
IWO
V.10,18
10,0)
7- P—ol
wet z
31
116 la'-�
Kk
Kk
0�
Q0,
14,
10
16.
9A
k.fv
6,o
q S7
I d.'O
S'
rntl —r
7
elk\
10"os
K.
co
11115
xl ~cat
m
15
a 1.9 f
-1 f q 5-
",t —T
10
3'j4,06
1-0
50
I�lh
1! 0S
1.144(jA<-P�
114-
Kft
S' KX
kifk.-
V 3o k.
loft t 4/3
------ irvigiog..Yjs

x DM FARMS FIELD RECORDS
IRR 1
Operator V )k
Date -)- ni-oi
Start Level
Stop Level 31"
Imam
IN
IN

DM FARMS FIELD RECORDS
IRR 1
operator K -A -
Date c)k
Start Level -3 9 '1
Stop Level Ye' ,
T-W ---1 IME
INITIALS!
TIME
INITIALS'
Iniglog.xIs

Me- t --AL
DM FARMS FIELD RECORDS
IRR 1
Operator j�, A -
Date $-6-ot
Start Level
Stop Level
irdglog.xis

DM FARMS FIELD RECORDS
IRR I
operator j� A-
Date j-4-01
Start Level
Stop Level I 1
irrigation
Time
Gun
Press
TIME
INITIALS
'TIME
INnuLs
TIME
INITIALS
TIME
INITI�A&
TIME,
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Lagoo
Riser #
Start
Stop
Total
RX'7
Xfk
A�� -
S*
2-(,
60
ct" 0.
ci., '0 S' kx
to! (nr
I/ 1.14i.
ja
13
so-,?
3SV/ IX.'?
20
&iiq,.
<_,foo
its- i+a)-.q-
S41-11k
3So)
35Y.3 1
3.1
60
16
QL .31
3:15
4"
.
-0
1-
4
1�j
3 S�t_f'
Ls,?.3
-)o,
sci
"
.0j, 315
*
_60
V k,
3
s bj.
)-q
.5 _'L
7?T7-1
-2o.
.1, Oki
jq!tz
r�A_
340.3
'?o
cv.10
ikf.
10 1110
I<fl
U'Us
9P_
it! 30
11 'qo 0,L
k#,
U!jo
5- 1-,�) I
I_q
IGIG
Y.T-)
3
6o
011
---TAW
i. ! q 5
CIO
S
IU!b r4j".3
-a o'
6c)
3_'�o
-_>0 04L
36 1.1
A,q
40
1 )4 Pt
1, ��s
JO �kf
R-0-
,
10W
S-q -bi
1-%1
36
3c) �y
1: 1.7
60
N1 a,.
t jtf 44
kf-
tivl
;td
�
3b9t1
34c1L
I %c
!s
IrrigfogAs *

L
U-- L
DIVI FARMS FIELD RECORDS
IRR I
Operator
Date
Start Level 3 b
Stop Level 3 s-
inigation'rime
Gun
Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME,
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Lagoon
Riser #
Start
I Stop,
Total
A
Z>
if
i I I, IS*
14! CD
KA-
01;0S
13'(- d
4
H!
1
q
-3
IZA
LI , :I E;
T., S7.0k#-
I-Is
Lia.q
6-7
1. 1
ISID
f6 - % -
Is-f - is
�-,q
.2, s-
b o
s
Ty
Y-Y,-
i4- "16
1: o ok;d.
13%
±1L-1 S
KITS -
too A*-
21.)3 ".A
Ll ,)L V
q-9-61
TvO t
3 1 --tl
awl
146 V.
Ifei-3
3
1-00
14-w-
'314&
q os,X'�q,.qo
Y4,
-1%
SRt.Q.
lw(l 0
1 )')s rw
So
4,1
'M-1-1
L'-tk
13'1- A
-)o
'30
13
'Ll"as
-ilo46j.
I bo
A)
k
')o
c, l2b
.
i 1, o—
IrrIgIog.)ds

V-
I -- -1
1M FARMS FIELD RECORDS
IRR I
Operator 14-V-
Date %—(aa(
Start Level 31
Stop Level "j%',
imp,
mi
mUmmommilp-m

im
Ddi FARMS FIELD RECORDS
IRR I
Operator 14,1\
Date
Start Level 9L,%"
Stop Level
a I F-1 16-m
I ill I F-1 16m
m 1"16 1 w
=Jolla
m
oil
M
W-
M,
a
������
mmmmmm
1(aglog.As

d— ";,-- DM' FARMS FIELD RECORDS
IRR I
Operator
Date 9-11a-ci '
Start Level
Stop Level
M!0102�17mm
wr
K M-fimm-m-mm,
MEL.=
9-0 "10
immmmAIJ"Immm
�ii®®s®����i�is�i��
ii
i�
ii
�
�
s�
�
■�
�
ii
ii
i■i
�
�■■�
��iii-����■�i�i�®iii�■�i■r
lniglog.)ds

DM FARMS FIELD RECORDS
IRR I
Operator
Date
Start Level -2
Stop Level .,a
Inigation
Time
Gun
Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME.
INITIALS
TIME
INITIALS
TIME
INITIALS
Date I
Lagoon
Riser#
Start I
Stop
I Totad,
L
so
3: kiS
15
m , Lai-
2Y:LL
o
-2 0
so
1:
9.,,, T
5,
410
jr
SS
.2.1
-
Xk
To
rl
jx4o
YL�.
50
1:3s oa-
AVC
3-3
10
-WTI.
J�'a:r
1-N-5s
1: CS
-
�
%-15-
5- A
L
XUA
so
C1,01S
to. oo
I 1: 00
aw.7
3-
so
t),.j 0
1XI O sj'vl*
;eo
Irriglog.)ds

DM FARMS FIELD RECORDS
IRR I
Operator
Date
Start Level 2, % "'
Stop Level J-1 jk,�
W
lation Time
Gun
Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
Date
Lagoon
Riser #
Start
Stop
Total
-!A,
4L(
-.-_S
60
1.6-1)
3SI&T
-3-6
1 , 't
540
1,00 y", -
C30 kX
So
VA I
sita
a,4u )eA
I")-
h
L, �vT212�t!L2
1
13
(00
3 5
3
1Y
10!05- PA
W03
I K*1
X jk
Y. w
S*P,
faigtog.)ds

!—) f I I
DM FARMS FIELD RECORDS
IRR I
Operator ).�
Date
Start Level
Stop Level
WOT

RECORDSDM FARMS FIELD
r A
Operator t<.lN
Date
Mart Level
Stop Level
�11f(-Pilr-1
full
lrOglog.xls

m
3FIVI FARMS FIELD RECORDS
19V I
Operator
Date 7-of
Start Level
Stop Level
Emmm-901
��Wmrr
ml
moll m.
110jimi
indglog.xis

DM FARMS FIELD RECORDS
IRR 1
Operator
Date
Start Level tI2
Stop Level
inigationTune
Gun
Press
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME
INITIALS
TIME 7
INITIALS
TIME
INITIALS
TIME
INITIALS
Date .
Lagoon
Riser#
Start
( Stop
Total
-01
M—TV 4c
W,14A3
4-5-
12!1,Pf*l
1*14
& S,
. AO LG
i lei
ye
7 'a
76
12' 24fw,
.xe
;J., JJ,
/!.0
;2,
K4
1,
AA
"41 �w
I
Kffi-
0
3%nlSo
i
40f
r--!,Zi
A
eta..h5L-,L
1.3
so
1"s
)(T.
$pop.;
t ir tl
2.7
. . . . . ................ .. ...
Iniglog.)ds

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma -q IV Field # I pivot #1
Field Size (acres) = (A) 5.7
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext,4541
Facility Number r — — — — — — 82 -F 771
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone# [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 94.72
1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Total
Minutes
Total Volume—
(gallons) —11
(6) x (5) x (4)-11,
volume
per Acre
(galfacre)
(7) (A)
Crop Cycle Totals( 0 0.00
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ), Contnue subtracting column 10 ) from ( 11 ) falkwAng each irrigation event

l;r#T:T,r.1
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma g # Field IV F pivot #2
Field Size (acres) = (A) &B
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number r------8--21 - F — — — — — — — 7-71
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 94.72
1 1 Loading (lb/acre) = (B) I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(rnmfdd/yr)
Irrigation
Waste Analysis
PAN'
(lb/1000gal)
PAN Applied
(lb/acre)
(8) X (9
1000
Nitrogen
Balance—
(Iblacre)
(13) - 0 0)
Start
Time
End
Time
Total
Minutes
(3)-(2)
#Of
Sprinklers
Operating
Flaw
Rate
(gaVmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gatfacre)
(7) / (A)
B 94.72
8116/01
3841.0
3845.1
246
1
250
61500
6988.64
0.68
4,75
89.97
8/24/01
3874.71
3879A
2641
1
250
66000
7500M
0.68
5.10
84.87
8/27/01
3882113888.7
3901
1
250
97500
11079.55
0.68
7.53
77.33
8128/01
388&313892.4
2461
1
250
61500
6988,64
0.68
4,75
72.58
Crop Cycle Totals) 286500 22.14
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
* NCDA WasteAn-aylsis or Equivalent or MRCS Estimate, Technical Gude'Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma g IV Field # I pivot #3
Field Size (acres) = (A) 8,8
Farm Owner DIVI Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill INC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 94.72
1 -7 Loading (Iblacre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
(mrn/dd/yr)
Irrigation
Waste Analysis
PAN*
(th/1000 gal)
PAN Applied
(Ilatacre)
(8) X (9)
1000
NitrogenDate
Balance—
(b/acre)
M-00)
Start
Time
End
rime
Total
Minutes
(3)-(2)
# of
Spriniders
Operating
Flow
Rate
(gavmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavaore)
(7) 1 (A)
B 94.72
8/20/01
3845.1
3847.4
138
1
250
34500
3920.45
0.68
2.67
92.05
8/20/01
3847.41
3848.9
90
11
250
22500
2556.82
0.68
1.741
90.32
8/22101
3866,9
3870.4
210
1
250
52500
5965.91
0,68
4.06
86.26
8/22/01
3864.9
3865.5
36
1
250
9000
1022.73
0.68
0,70
85.56
8/23/01
3870.4
3874.7
258..
1
250
64500
7329.55
0.68
4.98
80.58
Owners Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totalst 183000
Operators Signature
Operators Certification No,
18625
* NCOA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # —Mag IV Field # 8
Field Size (acres) = (A) 2A
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext,4541
F Facility Number -1 -------771
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 250
1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) It 1)
Date
(mnVddlyr)
PAN Applied
(lb/acre)
(8) X (9)
NitTogen
Balance —
(lb/acre)
Total
Minutes
# Of
Spriniders
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) X (5) X I
Volume
per Acre
(galfacre)
Owner's Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsi 0
Operators Signature
Operator's Certification No.
NCDA Waste Artaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event,

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma g IV Field # 9
Field Size (acres) = (A) 4.2
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
t - _1 E_1M
Irrigation Operator AJ Linton
Irrigation Operator's PO fBox1076
Address rRose Hill NC, 28458
Operator's Phone# [phone]�
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
I Loading (Iblacre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/dd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(lb(acre)
(8) X (9)
1000
I
Nitrogen
Balance—
(Iblacre)
P-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
S p H n tkd e ��rrrra
Operating
Flow
Rate
(gattmin)
Total volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) / (A)
B 275
5/2101
3724,7
3728-6
234
1
233
54522
12981,43
"4
7.01
267.99
5/9/01
3734.0
3737.8
228
1
255
58140
13842.86
O�54
7.48
260.51
617101
3747.5
3748.6
66
1
255
16830
4007.14
0.54
2.16
258.39
6/8/01
3748.6
3750.8
132
1
233
30756
7322.86_79
O�54
3.95
254.40
Crop Cycle Totals'
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No.
NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ), continue subtracting column 110 ) from ( 11 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma g IV Field # pivot #9
Field Size (acres) = (A) 13.15
Farm Owner DIVI Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext,4541
Facility Number F ------ 821-1 771
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 248.5
1 1 Loading (Iblacre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (io) (11)
PAN Applied
(Ihfacre)
M X (9)
1000
I Nitrogen
Balance —
(Iblacre)
(B) - (10)
Total
Minutes
g
Volume
per Acre
(7) (A)
Owners Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals 0
Operators Signature
Operators Certification No.
18625
* NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( S ). Continue subtracting column ( 10 ) from 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Traci 9 17-777-7=� -W1
IvIdy IV I r1tNU ft I IJIVVL It 1W
Field Size (acres) = (A) 13.6
Farm Owner DM Farms of Rose Hill LLC-
owners Address PO Box 1076
Rose Hill INC, 28458
Owner's Phone # [phone] ext,4541
Facility Number
Irrigation Operator [AJLinton � OP2
Irrigatic rato PO Box 1076
C
Address Rose Hill NC, 28458
Operator's Phone # 9110, 289-7364
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 248.5
1 Loading (Ibfacre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/drityr)
irrigation
Waste Analysis
PAN'
(lb/10009al)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance—
(lb/acre)
M-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flaw
Rate
(gaYmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7) / (A)
I B 248.8
8/20/01
3845A
3847,4
138
1
350
48300
3551.47
OM
2,421
246.44I
8/25/01
3875.1
3882.2
1861
11
3501
651001
4786.76
0,68
3.251
243,181
8/27/01
388221
38883
3901
1
350
136500
10036.76
0.68
6.83
236.36
8/28/01
3888.313892.4
246
1
350
861 GO
6330.88
0.68
4,30
232.05
Owner's Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totalsl 336000
Operator's Signature
Operators Certification No.
1 16.80
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633,
`Enter the value received by subtracting column ( 10 ) from ( B ). continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FXOTEMInTMIN
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # mag IV I Field;f I Eivot#11
Field Size (acres) = (A) 8.9
Farm owner DM Farms of Rose Hill LLC,
Owners Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
, Facility Number 82 7711
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1107;6
Address rRose Hill NC, 28458
OperatorsPhone # 910-2;89-7364�
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 248.5
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mmIdd/yr)
=H1 MUM
. . . . .
PAN*
(lb[l 000 gal)
P AN Applied
(lblacre)
(8) X (9)
1000
Nitrogen
Balance —
(lb/acre)
Total
Minutes
Flow
Rate
(gaUmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volurne
per Acre
(gatfacre)
(7) (A)
Owner's Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals 0
Operator's Signature
Operators Certification No.
ITINVA
NCDA Waste Anaylsisor Equivalent or NRCS Estimate, Technical Guide Section 633,
'Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
7-7-1
r — — — — — — 8_r ------- Tract # MaQ IV Field # 10a Facility Number 2� Field Size (acres) = (A) 3.6
Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator AJ Linton
,
Owner's Address PO Box 1076 Irrigation Operator's PO Box 1076
Rose Hill NC, 28458 Address Rose Hill NC, 28458
Owners Phone # [phone] ext,4541 Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
11 1 Loading (lb/acre) = (B) I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mmtdollyr)
-
PAN Applied
(lblacre)
(8) X (9
1000
INnTown
Balance—
(lblacre)
Start
Time
End
Time
Total
Minutes
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) (A)
Owner's Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals' 81690
Operator's Signature
Operators Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ), Continue subtracting column ( 10) from ( 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # r �7­1
IVIdq IV I rlelu ff I IUU
Field Size (acres) = (A) 4.2
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
F-----
Facility Number F ----0 771I-- 82 -
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN
I Loading (lb/acre) = (B)=
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/ddlyr)
itr
N"en
Balance**
(Iblacre)
Total
Minutes
I # Of
sprinklers
Operabrig
To'.'
I
(6)7(V
--volume
per Acre
(gavacre)
(7) 1 (A)rrr.
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle TotalsL___ 29358
Operator's Signature
Operators Certification No.
18625
* NCDA Waste Amaylsis or Equivalent or NRCS Estimate, Technical Guide section 633,
*Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from (11) following each Irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract# r ma Iv I Field if 1111a
Field Size (acres) = (A) 4.1
Farm Owner DM Farms of Rose Hill LLC,
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number - r I --------
I OZ r 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mmtdd/yr)
Irrigation
Waste Analysis
PAN*
(bli 000 gal)
PAN Applied
(lb/acre)
(8) x (9)
1000
Nitrogen
Balance—
(Iblacre)
M-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(galtacre)
(7) 1 (A)
16 275
5/8/01
3728.7
3731,3
156
1
275
42900
10463.41
i 0.54i
5,651
269.35
5/9/01
3737.813740.8
1801
11
2551
459001
11195.121
0,541
6.051
263.30
6/7/01
3748.1
13748.6
30
1
233
6990
1704.88
0,54
0.92
262,38
6/11/01
3750,81
37519
126
1
255
32130
7836.59
0.54
4.23
258.15
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals] 127920
Operator's Signature
Operators Certification No.
u
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma g IV Field # 11b
Field Size (acres) = (A) 3.5
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number F 82 - 771
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
I Data
(mnVdd/yr)
PAN Applied
(Iblacre)
(8) x (9)
Nitrogen
Balance—
(lb/acre)
# of
Sprinklers
Total Volume
(gallons)
Volume
per Acre
1 (galifacre)
Crop C-,"—TatalsI —78030l Ae
Owner's Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633. "
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma IV ;:imq it F T9-;T--1
2.9 Field Size (acres) = iIA) 7s�
Farm Owner gDM !F%�arms of Rose Hill LLC.
Owners Addre-s­s 0171 Q­ I n7A
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number
Irrigation Operator IAJ Linton
i—iq.ti­ I Pri Rv 1 n7A
7�;r ;S; lRose Hill' NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
I I Loading (lb/acre) = (B)F
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
PAN Applied
(Iblacre)
(8) x (9)
1000
Nitrogen
Balance —
(lb/acre)
(B) - (10)
Total
Minutes
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gal/aicra)
(7) 1 (A)
son =-I
0M
Owners Signature_
Certified Operator (Print) AJ Linton
Cro. r-1. TM.1.11 r,5A3n1
Operator's Signature
Operators Certification No.
I in AnII
I — .-I
NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from (11 ) following each irrigation event,

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma cl IV Field # 12b
Field Size (acres) = (A) 3.3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owner's Phone # [phone] ext,4541
Facility Number 82 - r 77
Irrigation Operator JAJ Linton
irriglation, Ope-tor's ion ci^- 4n7a
'Address JRose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
oil
PAN Applied
(ibtacre)
(8) X (9)
1000
Nitrogen
Balance -
(lblacre)
M-00)
Total
Minutes
(3)-(2)
# Of
Spriniders
Operating
Volume
per Acre
(gavacre)
(7) (A)
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals[ 01
Operators Signature
Operator's Certification No.
I OM
* NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B )- Continue subtracting column ( 10 ) from 11 ) follovAng each irrigation event,

I VT;T 3
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma q IV Field # 13a
Field Size (acres) = (A) 2.3
Farm Owner DIVI Farms of Rose Hill LLC,
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext,4541
r ------- Facility Number 82 - 771
Irrigation operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)l
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(MrrVddly
Imigation
Waste Analysis
PAN*
(IbIll 000 gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance—
(Iblacre)
(B) - (10)
B 275
start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
operating
r-
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
512J01
3726.6
372-8.6
120
1
255
30600
13304.35
0.54
7A8
267.82
5/9/01
3735.9
3737,8
114
1
255
29070
12639,13
0.54
6.83
260.99
6/7101
3745.6
3747.5
114
1
233
26562
11548.70
0.54
6,24
254.75
6111/01
3752.9
3754.7
108
11
233
25164
10940.87
0.54
5.91
248.85
Crop Cycle Totalsll 111 1AQAl
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma q IV Field # 13b
Field Size (acres) = (A) 1.8
Farm Owner DM Farms of Rose Hill LLC,
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owners Phone# [phone] ext.4641
Facility NumberF------872 - F------771
irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# 9I0-289-7364
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 ::1 Loading (Iblacre) = (S)F
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(rnnVddfyr)
PAN*
(lb/1000 gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance
(lb/acre)
(B) - (110)
Total
Minute s
# Of
sprinklers
•.
Flow
Rate
(g.V.in)
1 Total Volume
(gallons)
(6) x (5) x (4)
Volume
per ore
A
(gavacre)
(7) (A)
Crop Cycle Totals j 63018 ---- 18.911
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) follamrig each irrigation event

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma q IV Field # 14
Field Size (acres) = (A) 2.3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number F ------- 8-2 - 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
PAN Applied
(Iblacre)
(8) X (9)
low
Nitrogen
Balance
(Iblacre)
(B) - (10)
# of
Sprinklers
operating
11
Total Volume
(gallons)
(6) X (5) X (4) 1:
Volume
per Acre
(gallacro)
(7)1 (A)
Crop Cycle Tot--Isl r,-77,%n1 1 14 7'41
- --I L ------- LLLLZJ
Owner's Signature Operator's Signature
Certified Operator (Print) AJ Linton Operator's Certification No- 18625
' NCDA Waste Anaylsis or Equivalent or'NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Mao IV Field # 15
Field Size (acres) = (A) 0.6
Farm Owner DIVI Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owners Phone # 91 D-289-6439 ext.4541
Facility Number F - - - - - 1 80 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill INC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mnVdd/yr)
PAN Applied
(lblacre)
(8) X (9)
1000
Nitrogen
8alance—
(blacre)
Total
Minutes
(3)-(2)
# of
Sprinlders
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
F(7) 1 (VA)
Owner's Signature_
Certified Operator (Print) AJ Linton
-- Crop Cycle TotalsI-ni
--;j
Operators Signature
Operators Certification No.
18625
* NCDA Waste Ariaylsis or Equivalent or NRCS Estimate, Technical Guide S6ction 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event,
n nni

Ff9T.TN9U-=
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # — ivieTv-j—ue-EField # 16
Field Size (acres) = (A) 2.3
Farm Owner DM Farms of Rose Hill LLC,
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.45411
Facility Number 82 r—-----771
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
N.
PAN:
PAN*
(lb/1000 gal
l000 gal
rAN Apphed
(lblacre)
9
(8) X (9
100d
AIRrogen
Balance—
(lb/acre)
M-00)
Total
Minutes
Total Volume
(gallons)
(6) x (5) x (4)
T to v
ve ume
per Acre
(gal/acre)
(7) 1 (A)
Crop cycle'rot—als-1 ir,77AI I IA I'll
Owner's Signature Operator's Signature
Certified Operator (Print) AJ Linton Operator's Certification No, 18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

IVIRTLIK
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 17
Field Size (acres) = (A) 2.5
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owner's Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill INC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 262.5
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/ddlyr)
Irrigation
I
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(Iblacre)
(8) x (9)
1000
I
Nitrogen
Balance—
(lb/acre)
(a) - 0 0)
start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaYmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
B 262.5
7/10/01
3791-4
3793.2
108
1
255
27540
11016.00
1.8
19,83
242.67
7/10/01
3793.2
3795.1
114
1
255
29070
11628.00
1-8
20.93
221134
7111/01
3796.3
3797.1
48
1
233
11184
4473.60
1.8
8.05
213.69
7113/01
3797-1
3798.3
72
1
255
18360
7344.00
1.8
13.22
200.47
Owner's Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsj 86154
Operators Signature
Operator's Certification No.
18625
1�:
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from I B I- Continue subtracting column ( 10 ) from I 111 following each irrigation event.

YOUTFIET-W
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
r I
lintnVilic I rmlu 1* 1 1043
Field Size (acres) = (A) 4.2
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number =8 2 77"1
Irrigation Operator AJ Linton
irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 84A4
1 1 Loading (Iblacre) = (B)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(-rWdd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(Ilatacre)
(8) X (9)
1000
Nitrogen
Balance—
(lb/acre)
M-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) / (A)
I B 8414
6/12101
3757.0
3759.4
144
1
233
33552
7988.57!
0.54i
4,311
79.83
6113/01
3759.413763,0
2161
11
2331
503281
11982MI
0.541
6,471
73.36
7/9/01
3787.2
3788.4
72
1
233
16776
3994.29
1.81
7A9
66.17
719/01
3788.4
3791,4
180
1
233
41940
9985.71
1.8
17.97
48.19
8/22/01
3865.5
3866.9
84
1
233
19572
4660.00
0,68
3.17
45.02
8/23101
378.4
380.5
126
1
276
34776
8280.00
1.8
14.90
3012
Owners Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totalsl 196944
Operators Signature
Operators Certification No.
18625
1 54.02
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 18b
Field Size (acres) = (A) 3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number F-----821 . F ----- 7?
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 125.52
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Data
(mnVddlyr)
t-AN,�ppflea
(lb/acre)
(8) X (9)
1000
Nffogen
Balance—
(Iblacre)
(B) - 00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# af
Sprinklers
operating
Rate
Fiow)n
(galtmin
Voiume
per Acr.
(g2Vacre)
(7) (A)
Owner's Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals 1011601
Operator's Signature
Operators Certification No.
18625
1 34.27
* NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633.
`Enter the value received by subtracting column ( 10 ) from ( B ). continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 19a
Field Size (acres) = (A) 5.3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
-------
Facility Number F 82 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 60,86
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
F—
Date
(mm/dd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
(Iblacre)
(8) x (9)
1000
I I
-..w ...
Balance—
(Iblacre)
(B) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
I
# Of
Spriniders
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaYacre)
(7) / (A)
B 60,86
6/13/01
3759.4
3763.0
216
1
233
50328
9495.85
0.541
5A3
55.73
7/10/01
3791,41
37912
1081
11
233
25164
4747.92
1.8
8.551
47A91
7110/01
3791213795.1
1141
1
233
26562
5011,70
1.8
SIMI
38.16
8/22101
3865,5
3866.9
84
1
233
19572
3692,83
0.68
2.51
35.65
8/23/01
378.4
380.5
126
1
233
29358
553925
1,8
9.97
25.68
Crop Cycle Totals 1 1509841 35A8
Owner's Signature operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
* NCDA Waste Analysis ar Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column( to) from( B ). Continue subtracting column( 10 ) from ( 11 ) following each irrigation event.

VU7,11111
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field #
Field Size (acres) = (A) 4
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number 82 - 1 771
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 55.06
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mnVddlyr)
PAN Applied
(Iblacre)
(8)
1000
L
Nitrogen
Balance—
(a) - (10)
T
Minutes
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacra)
(7) 1 (A)
ME
Cans CY--le Totals; smim
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operators Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from (11)follovving each irrigation event
12,081

FORM IRR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number Tract # Melville Field # 20 r — — — — — — 8-2 F - - - - - - 777
Field Size (acres) = (A) 4.2
Farm Owner DM Farms of Rose Hill LLC, Irrigation Operator AJ Linton
Owner's Address PO Box 1076 Irrigation Operator's PO Box 1076
Rose Hill NC, 28458 Address Rose Hill INC, 28458
Owner's Phone # [phone] ext.4541 Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 10&87
1 1 Loading (Ibtacre) = (B)l
111 19) r31 (41 15) (61 (71 (8) (9) (101 fill
Date
(mrTVdd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(Iblacre)
(8) X (9)
1000
NnrOgen
Balance"
(tiolacre)
(a)-(i0)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
8 108.87
6122101
3781.613784.4
1681
1
233
39144
9320.00
0.541
5.03
103.84
1 7/21011-
0:11—
0.61
301
11
2551
76501
1821.43
1.81
3.281
100.561
713101
0.6
2.2
96
1
255
24480
5828,57
1.8
10.49
90.07
8/29101
3892.4
3893.7
78
1
233
18174
4327-14
0.68
2.94
87.12
nop
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
IM
NCDA Waste AnayWs or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from (11 ) following each irrigation event,

UsTM I ME N
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 21
Field Size (acres) = (A) 2.2
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 1 82 - 77
Irrigation Operator AJ Linton
r, Operator's ratoes PO Box 1076
4
Address rRose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 105,31
1 1 Loading (lb1acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
PAN*
(1b/1 000 gal)
0*0
Nitrogen
Balance; —
(lblacre)
(B) - It 01
# Of
Sprinklers
Operating
Flow ii
Rate
(gaftin)
Total Volume
1 (gallons)
(6) x (5) x (4)
Volume
per Acre
(gal/acre)
(7) (A)
Cmin Cvcle, Totalsl 214981
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operators Certification No.
18625
1 17-591
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
I Tract # Melville Field # 22a
Field Size (acres) = (A) 4.4
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 1 821 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 101.13
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
ONE
PAN Applied
(Iblacre)
(8) 1000 X (9)
Nitrogen
Balance —
(Iblacre)
Total
Minutes
Flow
Rate
Total Volume
(gallons)
Volume
per Acre
(gaYacre)
Owner's Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsi 35190
Operators Signature
Operators Certification No.
18625
NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column (110) from (8). Continue subtracting column (10) from (11) foltowing each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Reid F z2b
Field Size (acres) = (A) 3A
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 1 oz
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Matua Recommended PAN 56.83
1 1 Loading (lb(acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrpJdcUyr)
PAN Applied
(lb/acre)
(8) X (9)
1000
Total
minutes
Total Volume
(gallons)
Volume
per Acre
(gallacre)
Crop Cycle Totals[ 45900 26.65
Owner's Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No, 18625
* NCDA Waste Anaylsls or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from I 11 1 following each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
r I
twicivult: I Held 4* 1 1.14
Field Size (acres) = (A) 3.8
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
owners Phone # [phone] ext.4541
Facility Number 821-1 77
Irrigation Operator AJ Linton
Irrigation Operator's
PO Box 1076
e
Address rRose Hill NC, 28458
OperatorsPhone # 9110, 289-7364
From Waste Utilization Plan
Recommended PAN 678
Crop Type I Matua Loading (lb/acre) = (B)F
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mnVdd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(11ofacre)
(8) X (9)
1000
Nitrogen
Balance"
(Iblacre)
M-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(galfacre)
(7) 1 (A)
p 14618
7/11/01
3796.3
3797.1
48
1
255
12240
3221.05i
1.8i
5.801
140.98
8
7/13/01
3797.11
3799.6
1501
11
2551
382501,
10065791
18.121
1122.86
8/29/01
3892.4
38933
78
11
233
18174
478163
-1.8
0.68
3.251
119.61
.. . ....................
..........
Crop Cycle Totalsi 686641 t 27.17
Owners Signature Operator's Signature
Certified Operator (Print) Ai Linton Operators Certification No, 18625
* NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633, '
*Enter the value received by subtracting column ( 10 ) from ( B ). continue subtracting column ( 10 ) from ( 11 ) following each irrigation event,

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # I 23b
Field Size (acres) = (A) 1,3
Farm owner DM Forms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext,4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
• Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Recommended PAN
Loading (lb/acre) = (B)I=
(1) (2) (3) (4) (5) (6) (7) (a) (9) (10) (11)
MEN!
PAN Applied
(lb/acre)
low
Nitrogen
Balance"
Total
Minutes
# Of
Sprinlders
Operating
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7) (A)
Owner's Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsi 01
Operator's Signature
Operator's Certification No.
18625
1��t
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

ZMETMEM
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 24
Field Size (acres) = (A) 2.7
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
- Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number 82 - 1 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill INC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8)
Date
(mmfdd(yr)
Irrigation
Waste Analysis
FAN*
(lb/1000 gal)
PAN Applied
(Iblacre)
(8) x (9)
1000
Nitrogen
Balance—
(Iblacre)
(8)-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaftin)
Total Volume
(gallons)
(6) Y (5) x (4)
Volume
per Acre
(gava-L)
(7) / (A)
B 225
419/01
259.7
261.6
114
1
255
29070
10766.67
2.8
30.15
194.85
7116101
3804.81
3806.8
120
1
255
306001
11333.33
21
23.80
171.05
7116/01
3807.41
3809.1
102
1
255
26010
9633.33
2.1
20.23
150.82
7/17/01
380911
3810.8
102
1
255
26010
9633.33
2,1
20.23
130.59
8/29/01
396.81
398.4
96
1
255
24480
9066.67,
1.8,
16,32,
1114.27
Crop Cycle Totals I VIA17111
Owner's Signature operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
* NCOA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( 8 1. Continue subtracting column ( 10 ) from 11 1 follovAng each irrigation event

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # I 25a
Field Size (acres) = (A) 2.7
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number
Irrigation Operator 1AJ Linton
I On Q- I A7r,
Address Rose Hill NC, 28458
I'
Operator's Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (Iblacre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(maildcltyr)
Irrig tion
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(lb/acre)
(81 x (9)
1000
Nitrogen
Balance-
(lb/acre)
M-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
now
Rate
(gaUmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gayacre)
(7) / (A)
B 225
4/9/01
261.6
262.6
60
1
255
15300
5666.67i
2-8
1587
1
209.13
4/10/01
5114/01
26161
303.8
263,8
365,3
72
90
1
1
233
255
167761
229501
6211331
8500.001
2.8
2.1
17
17.85
191.74
17189
7/13/01
3799.61
3800.9
781
1
255
198901
7366.671
1.8
1326
160.63
7/13/01
3800.91
3802.1
72
1
255
183601
6800.001
11,81
1214
148.39
7/16/011
3802.1
3804.8
162
1
255
413101
15300.001
1.81
27,54
120.85
8/25/01
386,8
388.7
114
1
233
26562
9837.78
1.8
17.71
10314
8/25/01
388.7
389,5
48
1
233
111841
4142221
1.8
K-MI
8127/01
389.5
391.1
961
1
276
2649m-
too 1.5.jj
1.0
�4.gi
1 1,00
78.02
8/27/01
391.3
392.9
961
1
276
26496
9813.33
1,8
17.66
60.35
1
i
Crop Cycle Totals 225324 1 1164.651
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No. 18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event,

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # I 25b
Field Size (acres) = (A) 4.8
Farm Owner DM Farms of Rose Hill LLC.-
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operator's PO, Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 1 225 Loading (Iblacre) = (B)L
(1) (2) (3) (4) (5) (6) (7) (8) (9) . (10) It 1)
Date
(mrtVddtyr)
Irrig tion
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(Iblacre)
(8) X (S)
1000
Nitrogen
Balance-
(Iblacre)
(B) - 0 0)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(galfmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(alfacre)
(7) / (A)
B 225
4/10101
263.8
2653
114
1
233
26562
5533.75
2,8
15.49
209.51
5/14/01
3053
308.6
198
1
255
504901
10518,75
21.
22.09
187,42
5/15/01
308.6
310,0
84
1
255
21420
4462.50
21
9.37
178.04
7116/01
3804.8
3808.4
216
1
255
55080
11475.00
2.1
24J0
153.95
7/17101
3809.1
3812.7
216
1
255
55080
11475.00.
2.1.
24.10
129.85
7/17101
3812,7
3816.0
1981
1
2551
50490
1051835
2.1
22.09
10736
8/16/01
371.91
373.9
1201
1
313
37560
7825.00
1.8
14.09
93.68
8/22101
374.41
378.4
240
1
276
66240
13800.00
1.8
24.84
68.84
8/23101
380.51
383.8
198
1
295
58410
12 168.75
1.8
21.90
46.93
8/24/01
383.81
386.8
180
1
276
49680
10350.00
1.8
18.63
2830
LEE
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsil 471012
Operators Signature
Operator's Certification No.
OEM=
* NC;DA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section M.
Triter the value received by subtracting column ( 10 ) from ( 6 ). Continue subtracting column ( 10 ) from ( 11 ) folkywing each irrigation event.

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 26
Field Size (acres) = (A) 2.9
Farm Owner DM Farms of Rose Hill LLC,
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (Iblacre) = (B) I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrriJddtyr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(Iblacre)
(8) X (9)
1000
I
Nitrogen
Balance-
(blacre)
M-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinlders
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7) 1 (A)
B 225
4/9/01
2597
260,8
66
1
255
16830
5803.45
2,8
1615
208,75
5/14/01
303.81
305,3
90
11
255
229501
7913.79
2.1
16.62
192.13
7/13/01
3799,61
3800.9
78
1
233
18174
6266.90
1.8
11.28
180.85
7113/01
3800,913802.1
72
1
233
16776
5784.83
1
1.8
10.41
170.44
7/16/01
3802.113804.8
162
1
255
41310
14244.83
1.8
25,64
144.80
8/16/01
371.91
373.9
120
1
233
Zt96UI
9641,38ll
1.6
17.35
I �e 1 A4
8/22/01
374,41
376.3
114
1
233
265621
9159311
1.81
16.49
110.96
8/2
380�5
382.3
1o81
1
233
251641
8677.241
1.81
15-621
95.34
8[.2 AM
393.0
395.0
12 u-'l
1
276
33 120
1 11420.69
11 1.01
ZV-1VI
14.1.1
8/28/01
3954-0
396,8
1081
1
276
29808
10278,621
1.81
18.501
56.28
Owners Signature_
Certified Operator (Print) AJ Linton
Crop CycleTotalsl 95R6541
Operators Signature
Operators Certification No.
1 168721
L ----------- i
* NCDA Waste Anaylsis or Equivalent of NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from 111 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 27
Field Size (acres) = (A) 3.3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 250
1 1 Loading (Iblacre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(-Wddlyr)
Irriganon
Waste Analysis
RAN*
(lb/l 000 gal)
PAN Applied
(lblacre)
(8) X (9
1000
Nitrogen
Balance'"'
(lb/acre)
M-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7) 1 (A)
B 250
5/14101
305.3
307.3
120
1
255
30600
9272.73
2.11
19.47
230.53
5/15/01
30931
311.3
1201
1
255
306001
9272.73
2.1
19.47
211.05
7/3/01
318.9
320.7
108
1
255
27540
8345.45
2A
17.53
193.53
7/3/01
320.7
322,0
78
1
255
19890
6027.27
2A
12.66
180,87
Owners Signature_
Certified Operator (Print) AJ Linton
Operator's Signature
Operator's Certification No.
* NCDA Waste Maylsis or Equivalent or NRGS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B )- Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 28
Field Size (acres) = (A) 4.4
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owners Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operators PO Box 11076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (lb/acre) = (8) 1
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrnidd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance—
(Iblacre)
(B) - (10)
Shark
EndTotal
Time
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7) / (A)
B 225
4/10/01
263.81
265.5
102
1
233
23766
5401,36
2.8
15.12
209.88
5/11/01
5541.015541.4
241
1
255
61201
1390.91
0.05
0.07
209.81
5/3/01
5541.615544.1
1501
1
233
34950
7943.18
0.05
0.40
209.41
7/2/01
317,81
318.9
66
1
255
16830
3825.00
2A
8.03
20138
Owners Signature_
Certified Operator (Print) AJ Linton
Cron C'ul. Tntnisl glrF;F;l
L-------- Z.��
Operator's Signature
Operators Certification No.
18625
1 91IS91
L.......
' NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide section 633,
'Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10) from ( 11 ) folkiviing each irrigation event.

-XiTZ71M TM
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
T(act # r I
JVICIV111" I r-1t::1U GD
Field Size (acres) = (A) 4.2
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 821 - F 77
Irrigation Operator AJ Linton
Lj to
Irrigation Operators PO Box 10716
Address rRose Hill NC, 28458
D
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
I Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/dd/yr)
Irrigation
Waste Analysis
PAN'
(lb/1 000 gal)
I
PAN Applied
(Iblacre)
(8) X (9)
1000
I
Nitrogen
Mance-
(Iblacre)
(8)-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gavmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(g2Vacre)
(7) 1 (A)
Is- 225 1
4/9/01
260.8
262.6
108
1
255
6557,141
2.8
18.361
206.64
5/15/01
311.31
312.7
841
11
2551
.27540
214201
5100.001
2A
10.711
195.931
6/24/01
312.71
315.9
192
11
255
48960
11657.14
2.1
24,48
171.45
6/29/01
33.41
36.3
174
1
255
44370
10564.29
1.7
17.96
153.49
7/3/01
318.91
322.0
186
1
255
47430
11292.86
21
23,72
12938
7/18/01
3818.1
3820.8
162
1
255
41310
9835.71
2A,
20.66
10912
7/18/01
3820.8
3824.0
192.
1
255
48960
1165714
2,1
24.48
84.64
8/2/01
3828.2
3831.5
198
1
275
54450
1296419
2,1
27.23
57.42
8/2/01
3832.8
3833,3
301
1
275
8250
1964.29
2.1
4.13
5319
8/6101
3833.3
3836.6
1981
1
275
54450
12964.29
2A
27.22
26.07
Crop Cycle Totals jj 397140
Owner's Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No.
NCDA Waste Anayl" or EquiAlent or NRCS Estimate, Technical Guide section 633
*Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event,
198.93

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # r Me-1ville I Field # 30
Field Size (acres) = (A) 7.3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 1 Loading (I b/acre) = (B) I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(-rrJdd/yr)
Irrigation
Waste Analysis
PAN'
(Jb11 000 gal)
PAN Applied
(Iblacre)
(a) X (9)
1001)
Nitrogen
Balanee—
(lb[2cre)
(B) - (10)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Spriniders
Operating
Flaw
Rate
(galfmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(9alf2—)
(7) / (A)
1B 225
5124/01
315.9
317.8
114
1
255
29070
3982,19i
2.1
8.361
21664
7/3/01
322.01
323.01
601
11
2551
153001
2095,891
2.1
4.401
21,
7/18/01
3820.81
3825.5
282
1
233
65706
9000.82
2.1
18,90
193.33
8/2101
3825.9
3830.5
276
1
233
64308
8809.32
2A
18.50
174,83
8/2/01
3831 .61
3833.3
102
1
233
23766
3255.62
2.1
6.84
168.00
8/6101
3833,3
3836.6
198
1
233
46134
6319.73
2.1
13.27
154.73
Owners Signature_
Certified Operator (Print) Ai Linton
Crop Cycle Totals 244284
Operators Signature
Operators Certification No.
* NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event,

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # r hoe—vville--11 r 1
I
Field Size (acres) = (A) 4,3
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owners Phone # [phone] ext.4541
Facility Number F — — — — — — 82 - F 771
Irrigation Operator AJ Linton
,
Irrigation operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
I Loading (Iblacre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrrVddlyr)
Irrigation
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(Iblacre)
(8) x (9)
1000
Nitrogen
Balance—
(Iblacre)
(13)-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
Is 225
4130/01
55373
5539.3
96
1
233
22368
5201.86!
0,05i
0.261
22414
5/1/01
5539,41
5541.0
961
1
2331
223681
5201.861
0.051
0261
224.48
5/15/01
311.31
312.7
841
1
255
21420
4981.40
2.11
10A6
214.02
5/24/01
312.7
315.9
192
1
255
48960
11386.05
2A
23.91
190,11
6/20101
14.6
17.9
148
1
255
50490
11741.86
1.7
19.96
170.15
7/17/01
3812.7
3816.4
222
1
255
56610
13165,12
2.1
27.65
142.50
7/18/01
3818.1
3820.8
162
1
255
41310
9606,98
2A
20.17
122,33
Owner's Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totalsi 263526
operators Signature
Operator's Certification No.
1 102,67
" NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

IXGUTITIN
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
------- I Tract # Melville Field # 32
Field Size (acres) = (A) 2.9
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrtVdd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance-
(lb/acre)
(B) - (10)
--�FEnd
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(galfmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gal/acre)
(7) / (A)
B 225
4/19/01
267.01
268.3
78
1
255
19890
6858.62
2.8
19.20
205.80
4/30/01
5534.7
5537.71
180
1
233
419401
14462.07
0.06
0.72
205.07
5/24/01
315.9
317.8
114
1
255
29070
1002414
2-1
21.05
184.02
6/20/01
10.9
13.5
156
1
255
39780
1371724
1.7
23.32
16030
7/3/01
322.0
323,0
60
1
255
15300
5275-86
2.1
11.08.
149.62
7/17101
3810.8
3812.7
114
1
255
29070 U-
10024.141
2.1
21.05
128.07
7117/01
3816.0
3818.1
126
1
255
32130
11079,311
2.1
23.27
105.31
8/2/01
3825.91
3828.1
1321
11
255
33660
11606.901
2.1
24,37
80.93
8/2101
3830.613832.7
i26
i
255
32 130
11079.3111
2. I
e3.411
Crop Cycle Totn-lsL l 979417ni 167.33r
------ Z;�
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
* NCOA Waste Anaosis or Equivalent or MRCS Estimate, Technical Guide Section 633,
*Enter the value received by Subtracting column ( 10 ) from ( B ). continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

W97.71nz RN
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # 33
Field Size (acres) = (A) 6,1
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill INC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrrVddfyr)
Irrigation
Waste Analysis
PAN*
(lb/1000 0)
(Iblacre)
(8) X (9)
1000
I
(lb/acre)
(8)-(10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
#of
Sprinklers
Operabng
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7)/(A)
B 225
4/19/01
268.3
270.3
120
1
255
30600
5016.39
2.81
14.05
210.95
6/11/01
2788.8
2791,8
1801
1
255
45900
7524.59
1.7
12.791
198.161
6/11/01
2791.8
2794,8
1801
1
255
45900
7524.59
1.7
12.79
185.37
6/12/01
0.1
1.6
90
1
255
22950
3762.30
1.7
6,40
178.97
6/19/01
5-2
9.4
252
1
255
64260
10534.43
1.7
17.91
161.07
8/10/01
51.5
53A
114
1
233
26562
4354.43
1.7
7.40
153.66
8/24101
53.4
58,11
282
1
233
65706
10771.48
11.7
18.31
135,35
8/25/01
58.1.
62,0
234
1
233
54522
8938.03
1.71
15.19
120.16
8/27101
62.01
66.8
288
1
233
67104
11000.66
1.7
18.70
101,46
8/27101
66.91
68.7
1081
11
233
25164
412515
1.7
7-01
94,44
8128/01
68.7
72.2
210
1
233
48930
8021.31
1.7
1164
80.81
Owners Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals[_ 497598
Operator's Signature
Operators Certification No.
18625
1 1144A9
* NCOA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Melville Field # I 34a
Field Size (acres) = (A) 4.6
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] exL4541
Facility Number 77
Irrigation operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 Loading (Ibtacre) = (B)i 771
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm1ddfyr)
Irrigation
Waste Analysis
PAN*
(Ib/1 000 gal)
PAN tTpI1eQ
(lb/acre)
(8) X (9)
1000
1101yogen
Balance-
(Iblacre)
(H) - 0 0)
start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaitmin)
Total Volume
(gallons)
(6) x (5) x (4)
volume
per Acre
(gat/acre)
(7) 1 (A)
F. 225
4/20/011
270,3,
272,81
150
11
255
38250
831512
2.8
23.281
201.72
5/1/0111
5539.41
6541.41
120F7777771
233,
27960,
607 .26,
0.05-
0.301
201,41
5/3/01
5541.6
5542.6
60
1
2331
13980
3039.131
0.05
0.151
201.26
6119to1
9.4
10.9
90
1
255
22950
4989.131
1,7
8.481
192.78
6/20/01
10.9
14.6
222
1
255
56610
12306.521
1.7
20.921
171.86
6/20/01
14.6
17.9
198
1
255
50490
10976.09
1.7
18.6E
153.20
819/01
49.3
51.5
132
1
275
36300
7891.30
11
13,421
13938
8/10 1
51.5
53.4
114
1
275
31350
6815.22
1.7
11.591
128.20
d/z/ful
bZ.UI
bt,
Ziul
I
zoo
04050
I1641.30
-I'll
19.79
i08.41
8/27/01
66,8
68.7
114
1
255
29070
6319.57
1.7
10.74
97.66
8/28/01
68.7
72.2
210
1
255
53550
11641.30
13
19.79
77,87
Crop Cycle T--*--'-- I, AlAnanl I IIA7 111
---- I L ------ LLL=j
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B )_ Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

10TITirlill
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
I Tract # Melville Field # 34b
Field Size (acres) = (A) 6.3
Farm Owner DM Farms of Rose Hill LLC,
Owner's Address PO Box 1076
Rose Hill INC, 28458
Owners Phone # [phone] ext.4541
Facility Number F ------- 8-21 - F-----77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 250
1 Loading (Iblacre) = (B)i
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/cldlyr)
Irrigation
Waste Analysis
PAN*
(tb/1000 gal)
PAN Applied
(lb/a-)
(8) X (9)
11000
I
Nitrogen
Balance-
(lb/acre)
(13) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
r
Flow
Rate
(gaVmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gattacre)
(7) 1 (A)
B 250
4/30/01
5534.7
5538.2
2101
1
233
48930
7766.67
0.05
0,39
249.61
6/11/01
2788.8
2791.8
180
11
255
45900
7285.71
1.71
12.39
- 23723
6/11/01
2791.8
2794.8
180
1
255
45900
7285.71
111
1239
224.84
6/12/01
0.1
1.6
90
1
255
22950
3642.86
1.7
6,19
218.65
6119/01
5.21
8.9
222
1
255
56610
8985-71
1.7
15.28
203.37
817101
37.0
37,5
30
1
233
6990
1109,52
1.7
1 .891,
201.49
8/7/01
40.5
414
114
1
275
313501
497619
1.7
8.461
193.03
818/01
42.4
44,9
150
1
275
412501
6547.62
1.7
11.131
181.90
818101
44.9
4&8
1141
1
275
31350t
1-1
+;If 0
4976.19 19
1.7
8.46l
41
8/9/01
46.8
49.3
1501
11
295
44250
7023.81
1.7
11.941
161.50
8/24/01
53A
57.7
2581
11
276
71208
11302.86
1.7
19.211
14228
8125/011
58.11
62.0
21411
21
1)99
---
119340
18942.86
1,7
qo, ).n
110 nA I
F
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsi
5660281 ZZ;j
Operators Signature
Operators Certification No.
I 139.921
L------- ;..
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
'Enter the value received by subtracting column ( 10 ) from ( 8 )- Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event

FORM (RR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field # 35
Field Size (acres) = (A) 6,4
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operator's
PO Box 1076
Address ERoseHill INC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/ddlyr)
Irrig tion
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(Iblacre)
(8) X (9)
1000
Nitrogen
Balance-
(iblacre)
(B) - (I G)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(Pvmh)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
B 275
419/01
3717.0
3720.8
228
1
233
53124
8300.63
3.1
25.73
249.27
5/4/01
5546.01
5550.4
264
11
275
72600
1134335
0.05
0.57
24830
5/4/01
5550.41
5551.0
36
1
275
9900
1546.88
0.05
0.08
248.62
5/11/01
2764.612769.1
270
1
233
62910
9829.69
1.7
16,71
231.91
6/19/01
4,01
51
72
1
255
18360
2868.75
113
4.88.
227.04
6122/01
22.1
24.4
138
1
255
35190
5498.44
1,7
9.35
217.69
817/01
37.0
40.5
210
1
233
48930
7645.31
13
13.00
204,69
8f7101
40,5
42.4
114
1
233
26562
4150,31
1.7
7.06
197.64
8/8/01
424
43.7
78
1
233
18174
2839.69
17
4.83
192.81
8/8/01
44.1
462
126
1
233
29358
4587A9
1.7
7.80
185.01
8/9/01
46.8
49.0
132
1
233
30756
4805.63
13
8.17
176.84
Crop Cycle Totals 405864 98A6
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No. 18625
* NCDA Waste Anaylsis or Equivalent or NRCS Eatimat6, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from 111 ) following each irrigation event,

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Del! Field # 36
Field Size (acres) = (A) 1 A
Farm owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number F 8-2 - 77
Irrigation Operator AJ Linton
Irrigation Operator, PO Box 1076
Address rRose Hill NC 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/dd/yr)
Irrigation
Waste Analysis
PAN*
(lb/1 000 gat)
PAN Applied
(lblacre)
(8) X (9
1000
I
I I
rJmvgen
Balance—
(lb/acre)
M-00)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
operating
Flow
Rate
(gaUmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
B 275
4/9/01
3720.8
3721.8
60
1
233
13980
9985.71
3.11
30.96
244-04
6/28/01
244
272
168
1
255
42840
30600.00
1
52.021
191021
6128101
27.2
30.2
180
11
255
45900
32785.71
1
5534
13629
6/29/01
30.2
33.4
192
1
255
48960
34971.43
11.7
59.45
76.84
8/9/01
49.3
51.5
132
1
233
30756
21968.57
IJ
37.35
39.49
Owner's Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals) 1824361
Operators Signature
Operators Certification No.
nm
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). continue subtracting column 10 ) from ( 11 ) following each irrigation event.
235.5111

�;rGTjT,T,jj
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field #
Field Size (acres) = (A) 1.9
Farm Owner OM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility NumberF------80 - I r ------------- —1
77
irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
I I Loading (Iblacre) = (B) I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mIddlyr)
Irrigation
Waste Analysis
PAN*
(W1000 gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance—
(Iblacre)
(B) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gat/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
B 225
4/9/01
3720.3
3721.8
90
1
233
20970
11036.84
3.1
34.21
19019
5/4/01
5547,416549.2
108
1
255
27540
14494.74
0.05
0.72
190.06
5/4/01
5549.215551.0
108
1
255
27540
14494.74
0.05
0.72
189.34
5/10/01
2761012764.6
96
1
275
26400
13894,74
1.7
23.62
165.72
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals l 102450
Operator's Signature
Operator's Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.
59.281

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # --Dell --j Field # [3--7-b—
Field Size (acres) = (A) 2,8
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 1 821-1 771
Irrigation Operator
AJ Linton
Irrigation Operators PO Box 1076
Rase
Address ERose Hill NO, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mn-dddlyr)
Irrigation
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(lb/acre)
(8) x (9)
1000
Nitrogen
Balance—
(b/acre)
M-00)
art
T--T
d
t-
Total
Minutes
(3)-(2)
4 of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gal/acre)
(7) / (A)
I B 225
4/9/01
3717.01
3720.3
198
1
255
50490
18032141
3.11
55.901
lisuol
5/3101
5544.1T-5546-0l
1141
1
233
26562L
9486A3t
0.05
0.47
168.63
5/4101
5646.0
5547.4
84
1
255
21420
MOM
0,05
0.38
168,24
5/11/01
2764.6
2766.6
120
1
255
30600
110928.57
1.7
18.58
149.66
6/12/01
1.6
60
1
255
15300
5464,29
1,7
919
140,38
-2.6
Crop Cycle Totals i 1443721
Owners Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
18625
* NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11) following each irrigation event.
84,62

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Traci # UU11 I r-reiii if I act
Field Size (acres) = (A) 1.3
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
raunny
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Recommended PAN 126
Eff: I Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
("uTddd/yr)
PAN Applied
(lb/acre)
i Total
Minutes
#of
Spriniders i
Flow
Rate
Total Volume
Volume
per Acre
Owners Signature
Certified operator (Print) AJ Linton
Crop Cycle Totalsi 15300
Operator's Signature
Operators Certification No,
18625
1 20.01
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633-.
'Enter the value received by subtracting column (10) from (B)_ Continue subtracting column (10) from (11) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field # 39
Field Size (acres) = (A) 3.3
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number F — — — — — — 8-2-1 - F-----77-1
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 112
1 Loading (lb/acre) = (B)i
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
PAN Applied
btac
(it re)
8
1 0000
# of
# Of
Sprinklers
perating
0 re
FI: w
Flow
fe
Rate
(gaVrnin)
(g.Vr
Total Volume
(gallons)
(6) x (5) x (4)
, vuW11W
per Acre
(gaYacre)
(7) 1 (A)
MMM
MEM
plo,
Cron f'— . Tofl. I RArnI
, --!
Owners Signature Operators Signature
Certified Operator (Print) AJ Linton Operators Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from (8 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.
9 AM

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell---] Field # 40
Field Size (acres) = (A) 2.1
Farm Owner DNI Farms of Rose Hill LLC,
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number 82 - 1 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 112
1 7 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (it)
Date
(mmfdd/yr
PAN Applied
(lb/acre)
(8) X (9)
1000
#Of
Sprin;ders,
Operating
Total Volume
(gallons)
(6) x (5) x (4)—
ume
per Acre
(gav—e)
(7) (A)
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals( 32130 26,01
Operators Signature
Operators Certification No. 18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FX0071T.-T-W
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field # 41
Field Size (acres) = (A) 2.1
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
F Facility Number F 82 - 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crap Type Soybeans Recommended PAN 112
1 1 Loading (Ibtacre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mnVdd/yr)
­
(lb/acre)
(8) X (9)
Nitr
Nhoger. -
Balance—
(lb/acre)
Start
Time
Ti.d
mt.]
Total
Minutes
# Of
Sprinklers
Total Volume
(gallons)
Volume
per Acre
(gpalya—)
Owners Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals 18360
Operator's Signature
Operator's Certification No.
18625
1 14M
* NCDA Waste Anairlsis or Equivalent or MRCS Estimate, Technical Guide Section 633,
'Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

116717111
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field # 42
Field Size (acres) = (A) 16
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
F — — — — — — Facility Number F ------ 82 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill INC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 126
1 1 Loading (lb/acre) = (B) I I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
PAN Applied
(lblacre)
(8) X (9)
Nitrogen
Balance—
(Iblacre)
i Total Volume
(galJons)
Volume
per Acre
(gatfacre)
Owner's Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Total-sL�-- 459001 1 21,68
Operator's Signature
Operator's Certification No, 18625
'* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ), Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM IRR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
I ract IT Well r-iera if 1 140 r-dcuity r4umuer 1 04 -1
Field Size (acres) = (A) 21
Farm owner DM Farms of Rose Hill LLC. Irrigation Operator AJ Linton
Owner's Address PO Box 1076 Irrigation Operator's PO Box 1076
Rose Hill NC, 28458 Address Rose Hill NC, 28458
Owners Phone # 9I0-289-6439 ext.4541 Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 126
1 Loading (lb/acre) = (B) I I
til 191 (1) W ISl is) 17) 18) t91 (101 till
O
FpilkN Applied
(fb/acre)
(8) X (9)
1000
NE
Total
Minutes 1�
# Of
—Sprinklor—s
Operating
—T
.1
(6) x (5) x (4)1i
Volume
per Acre
(gavacre)
(7)1 (A)
Owners Signature_
Certified Operator (Print) AJ Linton
urop t-ycte i otaisl /U.5tsu
Operators Signature
Operators Certification No.
18625
NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ), Continue subtracting column 10 ) from ( 11 ) following each irrigation event,

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field # 44a
Field Size (acres) = (A) 2
Farm Owner DIVI Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill INC, 28458
Owners Phone # [phone] ext.4541
Facility Number
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 126
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
'(lbu['Zcrel)�
(s) X (9)
-n
14luo9a
Balance —
(Iblacre)
Total
Minutes
of
SprinMers
Flow
Rate
Total Vol.me
(gallons)
per Acre
(g2l/acre)
-TnMl¢t-iAninl
Owners Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No. 18625
* NCOA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Gulde Section 633.
*Enter the value received by subtracting column ( 10 ) from ( 8 ). continue subtracting column ( 10 ) from ( I I ) following each irrigation event

FfoT.-TITZRIF
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Dell Field # I 44to
Field Size (acres) = (A) 2
Farm Owner DM Farms of Rose Hill LLC,
Owner's Address PO Box 1076
Rose Hill NC, 28458
owners Phone # [phone] ext.4541
Facility Number 82 - 1 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 112
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (1Q) (11)
D-ftte
(mrrVdcdNY/yr)
Total
Minutes
# Of
Spriniders
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volurfle
per Acre
(gal/acra)
(7) (A)
Owners Signature_
Certified Operator (Print) Ai Linton
Crop Cycle Totalsl 1071ni
Operator's Signature
Operator's Certification No.
18625
I q.Inli
L--------- Z.�
* NCDA Waste Anaylsis or Equivalent or NRCS estimate, Technical Guide section 633,
*Enter the value received by subtracting column ( 10 ) from ( 5 ). Continue subtracting column (10 ) from ( 11 ) following each irrigation event

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # S1S4 Field # 45
Field Size (acres) = (A) 15
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill INC, 28458
Owner's Phone # [phone] ext.4541
F®
Facility NumberF ------ 82 -
Irrigation Operator AJ Linton
Irrigation operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 112
1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mnVddlyr)
PAN Applied
(ib/acre)
(8) X (9)
1000
Nitrogen
Balance—
Wacre)
(B11-00) i
start
Time
End
Time
Total
Minutes
# of
kfl re
OPL
anatin,
Flow
Rate
(gaVmin)
Total Volume
(gallons)
(6) x (51) x (41)
V o A.,8.
V' per
ir e)
g (g 3
(7 '44)
Crop Oycle Two—WS1 67320
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operators Certification No,
18625
AMR=
* NCDA Waste Anaylsis or Equivalent at NRCS Estimate, Technical Guide section 633.
*Enter the value received by subtracting column ( 10) from (8). Continue subtracting column (10) from (11) following each irrigation event,

FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # SIS4 Field # I 46a
Field Size (acres) = (A) 5.6
Farm Owner DIVI Farms of Rose Hill LLC.
Ownefts Address DO 0- in-76
IR,os-e-Hill -NC, 28458
Owners Phone # [phone] ext,4541
Facility Number F - - - - - - 82177
-
Irrigation Operator 1AJ Linton
l0f"% 0 in-M
Address Rose Hill INC, 2 458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 117
1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (a) (9) (10) (11)
Date
(mnVddlyr)
Irrigation
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(blacre)
(8) x (9)
1000
Nitrogen
Balance-
(Iblacre)
M-00)
Start
TimeTZ
r
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(galimin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(galfacre)
(7) / (A)
B 117
6/20101
3766.01
3770.0
240
1
233
55920
9985.71
2.6
25,96
91.04
323.01
325.21
....... 132
1
255
336601
6010.71
2,6
15.63
75.41
MW/0111
326.2
329.31
186
1
255
47430
8469.64
2.6
22.02
53.39
8/10/01
369.6
371.8
132
1
275
363001
648214
2.6
16.85
36.53
Crop Cycle Totalsl 173310
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
* NCDA Waste Anayfsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from 111 ) following each irrigation event.

Y167-77101VA
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # --SlS4--1 Field #
Field Size (acres) = (A) 1.4
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Facility Number 821- F — — — — — — — 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill INC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 102
1 1 Loading (Iblacre) = (B)i
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/ddly r)
I rrigation
Waste Analysis(lb/acre)
PAN*
(lb/1000 gal)
PAN Applied
(8) x (9)
1000
I
Nitrogen
Balance —
(Ibtacre)
(B) - 0 0)
start
Time
--
End
Time
I
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
I
Flow
Rate
(gallmin)
I.
Total Volume
glikin
(6)(. (5) x (]4)
Volume
per Acre
(gaVacre)
(7) 1 (A)
B 102
6119/01
3763.0
3764.7
102
1
233
23766
16975.71
2-6
44.14
57.86
6/19/01
3765.0
3766.0
60
1
233
13980
9985.71
2.6
25.96
31.90
Owners Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totalsl 37746
Operators Signature
Operator's Certification No.
I#1
* * NCDA Waste Anaylsis or Equivalent or NRCS Estimatejechnical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B )- Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

ppppp�
FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # SIS4 Field # I 47a
Field Size (acres) = (A) 6.5
Farm Owner DM Farms of Rose Hill LLC,
Owners Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number F-----782 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Soybeans Re -commended PAN 117
1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrrkldd/yr)
Irrigation
I
Waste Analysis
PAN*
(lb/1 Wo gal)
PAN Applied
(lb(acre)
(8) X (9)
1000
I
Nitrogen
Balance—
(Iblacre)
(B) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) / (A)
B 117
6119/01
3763.013766.0
1801
1
233
41940
6452.31
161
16.78
100.22
6/20/01
3766.0137%0
180
1
233
41940
6452.31
2,6
1638
83.45
716/01
323.01
3262
192
1
255
48960
7532.31
2.6
19.58
63.86
7/9101
326,21
329.3
186
1
255
47430
7296.92
2,6
18.97
44.89
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals i 180270
Operators Signature
Operators Certification No.
18625
1 7211
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column 10 1 from ( 11 ) following each irrigation event

ppppp�
FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # —SIS4 Field # I 47b
Field Size (acres) = (A) 4.6
Farm Owner DM Farms of Rose Hill LLC-
Omer's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] exL4541
Facility Number F - — — — — — 821 - r ------ 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone# [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 102
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) It 1)
Mae
PAN Applied
(lblacre)
(a) X (9
Total
Minutes
Total Volume
(gallons)
(6) x (5) x (4)
F —Vo!um—e
per Acre
(gaVarre)
(7) (A)
no
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals[ 137010
Operators Signature
Operator's Certification No.
18625
1 77.44
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event-

PPPPP_
FORM IRR-2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # S1S4 Field # 48
Field Size (acres) = (A) 5.2
Farm Owner DM Farms of Rose Hill LLC.
owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
Irrigation OperatorAJ Linton
Irrigation Operator's PO Box 1076
Address rRose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 108
1 Loading (Iblacre) = (B)i
_t�W
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 0 1)
Date
(mrn/dd/yr)
Irrigation
Waste Analysis
PAN*
(Ib/1000gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance—
(Iblacre)
M-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaVmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gayacre)
(7) / (A)
8 108
6/21/01
3775.4
3779,0
216
1
233
50328
9678.46
2.6
25,16
82.84
719t01
3293
331,9
156
1
255
39780
7650.00
2.6
19.89
62.95
7/13/01
336,9
339.6
162
1
255
41310
7944.23
2.6
20,66
42-29
8/9/01
3681
369,6
90
1
255
22950
4413.46
2.6
11,48
30.82
8110101
369.6
371,8
132
1
255
33660
6473,08
2.6.
16.83
13.99
Crop Cycle Totals[ 188028 94,01
Owner's Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No. 18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ), Continue subtracting column ( 10 ) from ( I I) following each irrigation event

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # �Sl S4Field # 49
Field Size (acres) = (A) 3.2
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number F 82177
-
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address rRos;eHill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Soybeans Recommended PAN 126
1 1 Loading (Ibtacre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mrtVddlyr)
Irrigation
Waste Analysis
PAN*
(lb/1 OW gal)
FAN Applied
(lb/acre)
(8) X (9)
1000
I
Nitrogen
Mance—
(lb/acre)
(a) - (10)
start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaVmin)
Total Volume
(gallons)
(6) x (5) x (4)
��nre
Volume oil u nmolume
per Acre
(gal/acre)
(7) / (A)
B 126
6/20/01
3771.013773.8
1681
1
233
39144
12232.50
2.61
31.80
94.20
7/11/01
331.91
334.61
1621
1
2551
413101
12909.38
2.61
33.561
60.63I
7/171011
339.6
341.4
108
1
256
27540
8606,25
2.6
22.38
38.25
Crop - 4 n7QQA I
Y—e ...... I
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633, '
*Enter the value received by subtracting column ( 10) from ( 0 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM (RR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # - S1S4--j Field # 50 Facility NumberF------E -F 77
Field Size (acres) = (A) 2
Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator AJ Linton
Owner's Address PO Box 1076 Irrigation Operators PO Box 1076
Rose Hill NC, 28458 Address LRose Hill NC 28458
Owner's Phone # [phone] ext.4541 Operators Phone # 91 0�-289-736
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 262.5
1 1 Loading (Iblacre) = (B)i
(11 (21 t31 (41 (51 is) (71 (81 (9) (10) (111
Date
(mmIddlyr)
Irrigation
waste Analysis
PAN*
(b/1000 gal)
PAN Applied
(Iblacre)
(8) X (9)
1000
I
Nitrogen
Balance-
(lblacre)
(B)-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(galtimin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7) 1 (A)
B 262.5
4/19/01
5528.3
5529.4
66
1
233
15378
7689.00
3.1
23.84
238.66
5/15/01
5556.11
5557.2
66
1
233
15378
7689.00
2.6
19.99
218.67
5/24/01
10.5
12.8
135
1
233
31455
15727.50
2.6
40.89
17718
6120/01
3773,3
3775A
126
1
233
29358
14679M
2.6
38.17
139,62
7/11/01
331.9
333.5
96
1
233
22368
111184.00
2,6
29.08
110.54
8/8101
363.0
365.0
120
1
233
27960
13980.00
2.6
36.35
74.19
8/9/01
365.7
367.4
102
1
233
23766
1188100
2.6
30,90
43.29
8/9/01
368.1
369.6
90
1
233
20970
10485.00
2.6.
2726
16.03
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totalsi ltjutj33
Operators Signature
Operator's Certification No.
Im
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technicar Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( 6 )- Continue subtracting column (10 ) from ( 11 ) following each irrigation event.

FORM IRR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Field # Facility Number Tract # SIS4 F 51
Field Size (acres) = (A) 3
Farm owner OM Farms of Rose Hill LLC. Irrigation Operator AJ Linton
Owners Address PO Box 1076 Irrigation Operators PO Box 1076
Rose Hill NC, 28458 Address Rose Hill INC, 28458
Owners Phone # [phone] ext.4541 Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (lb/acre) = (B)l
Ill (71 131 141 151 (81 M 181 191 1101 till
Date
(mrrdddlyr)
Irrigation
I
Waste Analysis
PAW
(111ol1000 gal)
PAN Applied
(Iblacm)
(8) X (9)
1000
I
Nitrogen
Balance-
(Ilafacre)
(8)-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Flow
Rate
(gaftin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gaVacre)
(7) / (A)
B 225
4/19/01
5529,4
5532.0
156
1
255
39780
13260,00
3.1
41,11
18189
5114/01
5551.0
5553.5
150
1
233
34950
111650.00
3.1
36,12
14718
5/15/01
5557.3
5558.3
60
1
233
13980
4660.00
2,6
12.12
135.66
6/21101
3778.3
3779.3
60
1
233
13980
4660.00
2.6
12.12
12155
6I22101
3779.3
3781.61
138
1
2331
32154
10718.00
2.6
27,871
95.68
7/13/01
334.6
3361
96
1
255
24480
8160.00
26
21.22
74.46
8/8101
3610
365.7
162
1
255
41310
13770.00
2.6
36.80
38.66
819101
365.7
368A
144
1
255
36720
12240.00
2,6
31,82
6.84
Crop Cycle TotalSj 13t;3541 1 Z18.1b
Owner's Signature Operator's Signature
Certified Operator (Print) AJ Linton Operators Certification No. 18625
NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B). Continue subtracting column ( 10) from 11 1 follamng each irrigation event

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # —S1S4—j Field # 52
Field Size (acres) = (A) 2.4
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
--1 Facility NumberF -------- 82 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 225
1 1 Loading (lb/acre) = (B)i
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/ddlyr)
Irrigation
Waste Analysis
PAN*
(lb/1 000 gal)
PAN Applied
(Iblacre)
f8) X (9)
1000
Nitrogen
Balance—
(Iblacre)
(B) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
Rate
warlomm)
Total Volume
(gallons)
(6) x (5) x (4)
volume
per Acre
(gallacre)
(7) / (A)
7-225
4/19/011
5532.0
5533.91
114
1
2551
29070
12112.50
3A
37.55
187.45
4/23/01
F5-
533.9,
553431
48,
1 ,
2331
11184,
4660.00,
3j,
14.45,
173,01,
5/14/011
5553.5
5556A
156
1
233
36348
15145,00
2.6
39.38
133.63
5/24/01
8.50
12.00
210
1
233
48930
20387.50
2,6
53,01
80.62
8/7/01
357.3
360,21
174
1
275
478501
19937,50
2.6
51.84
28.78
Crop Cycle . '--j cle 47'2-2Q1)l
Owners Signature Operators Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
18625
* NCDA Waste Anaylsig or Equivalent or NRCS Estimate, Technical Guide Section 633,
*Enter the value received by subtracting column ( 10 ) from ( B ), continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # S1S4 Field # 53
Field Size (acres) = (A) 4.1
Farm Owner DM Farms of Rose Hill LLC.
Owners Address PO Box 1076
Rose Hill NC, 28458
Owners Phone # [phone] ext.4541
--1 Facility NumberF-----82 - 77
Irrigation Operator AJ Linton
Irrigation Operators PO Box 1076
Address Rose Hill NC, 28458
Operators Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 250
1 1 Loading (lb/acre) = (B)l
(1) (2) (3) (4) (5) (6) (7) (8) (10) 0 1)
'D-W
(m,,Jddly,)
Irrigation
I
Waste Analysis
PAN*
(lb/1000 gal)
PAN Applied
(lbtacre)
(8) X (9)
1000
I
Nitrogen
Balance-
(lb/acre)
(B) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
of
Sprinklers
Operating
I
Flow
Rate
(galimin)
Total Volume
(gallons)
I (6) x (5) x (4)
Volume
per Acre
(gal/acre)
(7) / (A)
B 250
4/17/01
552&015527.8
1681
1
233
39144
9547.32
31
29.60
220.40
5/15/01
5556 . 1155581
120
1
233
27960
6819.51
2.6
1733
202.67
5/24/01
3742.313745.6
198
1
233
46134
11252.20
2.6
29,26
173A2
6121/01
3775.413778.2
168
1
233
39144
9547.32
2.6
24,82
148.59
7/13101
334.6
336,9
138
1
275
37950
9256.10
2,6
24.07
124,53
8/6101
347.1
349.6
150
1
275
41250
10060.98
2,6
26.16
98.37
8/6101
350.7
353.4
162
1
275
44550
10865.85
161
2825
70,12
817/01
354.5
357.3
168
1
275
46200
11268.29
2.6
29,30
40,82
818/01
360.3
363.0
162
1
276
44550
10865.85
2,6
2815
1257
Crop Cycle Totals 366882 237,43
Owners Signature Operators Signature
Certified Operator (Print) AJ Linton Operators Certification No, 18625
* NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

ZOTITZEMN
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # -S1S4--j Field #
Field Size (acres) = (A) 6.9
Farm Owner DM Farms of Rose Hill LLC.
Owner's Address PO Box 1076
Rose Hill NC, 28458
owner's Phone # [phone] ext.4541
Facility Number F----821 - 77
Irrigation Operator AJ Linton
Irrigation Operator's PO Box 1076
Address Rose Hill NC, 28458
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 156.25
1 1 Loading (Iblacre) = (B)l -71
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm/ddlyr)
Irrig tion
Waste Analysis
PAN'
(Ibll 000 gal)
PAN Applied
(Iblacre)
(8) X (9)
1000
I I
Nitrogen
Balanco-
(Iblacre)
W-00)
start
Time
End
Time
Total
Minutes
(3)-(2)
# Of
Sprinklers
Operating
I
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gatracre)
(7) 1 (A)
B 156.25
4/19/011
5529.4
5533.9
2701
1
275
74250
10760.87
3.1
33.36
122.89
5/24/011
10.51
15.5
300
1
255
76500
11086.96
16
28.83
94.07
1 7f18/01
341.4
346.4-
300
1
233
69900
10130.43
2.61
26.34
67.73
1 816t01
347.1
350.7
216
1
255
55080
7982.61
2.6
2015
46.97
816f01
350.71
354.5
228
1
255
58140
8426.09
2.6
21.91
25.06
8171011
354.51
355.2
421
11
2551
10710
1552.17
2.6
4.04
21.03
Irop WACOA
Owners Signature Operator's Signature
Certified Operator (Print) AJ Linton Operator's Certification No.
18625
* NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*Enter the value received by subtracting column ( 10 ) from ( S ). Continue subtracting column ( 10 from ( 11 ) following each Irrigation event.

Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # --S1S4--1 Field #
Field Size (acres) = (A) 2,6
Farm Owner DIVI Farms of Rose Hill LLC,
Owner's Address PO Box 1076
Rose Hill NC, 28458
Owner's Phone # [phone] ext.4541
Facility Number
Irrigation Operator
AJ Linton 0
Irrigation Operators PO Box 10716
C
C
Address nRose Hill NC, 28458
M
Operators Phone # [phone];364
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 134
1 1 Loading (lb/acre) = (B)L
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date
(mm(dittyr)
Irrigation
Waste Analysis
PAN*
(IbIll 000 gal)
PAN Applied
(lb/acre)
(8) X (9)
1000
Nitrogen
Balance-
(Iblacre)
(B) - (10)
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Row
Rate
(gatrmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7) 1 (A)
4/17/01
5527.8
5528.3
30
1
233
6990
2688.46
3.1
8.331
125.67
4/19101
5528,31
5529.4
66
11
255
16830
6473.08
3A
20.07
105.60
5115101
5558.11
5558.5
24
1
233
5592
2150.77
2.6
5.59
100.01
5/24101
8.6
9.5
60
1
233
13980
5376.92
2.6
13.98
86.03
817/01
357,3
360.3
180
1
255
45900
17653.85
2.6
45.90
40.13
8/8/01
360.3
362.6
138.
1
255
35190
13534.62
2.6
36,19
4.94
Owner's Signature
Certified Operator (Print) AJ Linton
Crop Cycle Totals l 124482
Operator's Signature
Operator's Certification No.
18625
1�
* NCDA Waste Ahaylsis or Equivalent or MRCS Estimate, Technical Guide Suction 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

FORM (RR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Ma ly Field # 55 Facility Number
Field Site (acres) = (A) 2.7
Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator AJ Linton
Owners Address PO Box 1076 Irrigation Operators PO Box 1076
Rose Hill NC, 28458 Address Rose Hill NC, 28458
Owners Phone # [phone] ext.4541 Operators Phone# [phone]
From Waste Utilization Plan
Crop Type Bermuda Recommended PAN 275
1 i Loading (lb/acre) = (B)l
11) 191 1141 141 M) 1A) 171 M IM tim fill
MEN
Total
Minutes
Flow
Rate
Total Volume
(gallons)
Volume
per Acre
(gallacre)
Owners Signature_
Certified Operator (Print) AJ Linton
Crop Cycle Totals( 0
Operators Signature
Operators Certification No.
U,uu
18625
* NCDA Waste Anaylsi5 or Equivalent or NRCS Estimdte, Technical Guide section 633.
*Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event.

SEP-04-20e1 08:27 DENR CHEMISTRY LABORATORY 919 733 6241 P.01/02
V %AMAJOU Y AjMUUI MUI Y , l,olkeportto: Sample Condition Upon Receipt Anomaly Report ($CUR)
a A A
Sample ID, Stiti6ntqcition: dh
River asin:
,Collector iecomi�` kike4 Date Begin. Time Begin-
� I %
Priority: Sample Type: Ae %?Z
. I
Affecte4.Parameters'
The condition of these samples were not acceptable because (check all that apply);
• Coolers a Samples (affected samples are described below)
• Samples were not received on wet ice 0 Samples not received, but listed on fieldsheet
• No temperature blank submitted: 0 Samples received, but not listed on fieldsheet
U Sample TO reading: *C 0 Samples not received, but listed on COC
u Cooler T" reading: 0C 0 Samples received, but not listed on COC
• Temperature >6°C. T* reading: 0C a Mislabeled as to tests, prcscrvativps, etc,
• Samples frozen 0 Holding time expired
U Improper container used
• Containers 0 Insufficient quantity for analysis
M Leaking
a Broken
0 Without labels
C3 VOA vials with headspace
to Sulfide samples with headspace
Q Container Labels
Ci
Not the same ID/Info. as an COC
•
Not the same ID/info. as on fieldsheet
•
Incomplete. Missing the following:
C3 Station #/Sample ID
Cl Collection date
* Collector
* Analysis
* Preservative
* Other.
C1
Markings -smeared or illegible
rl
%W
Twill
Comments;
0 Chain of Custody
0 No custody seals
0 Custody seals not intact
0 Not relinquished,
C) No dateltime relinquished
a No signature
0 Incomplete information
0 Documentation
Q fieldsheet weVillegible
0 Fieldsheet incomplete-
0 Records not written in indelible ink
0 Other (specify): .
Corrective Action:
P Sample,5,,,,�ere rejected by DWQ.Lab-,Authorized,1y-.'
I . ­& I , , i 1_11 ,
r-l' A .3
'and analyzeu per colj'eriotis,rvquest�ipe:�,,notifyin;'Ihe,collector.
!ie d d after not*itig th6i, "' determining than another sample could not be secured.
ti,Accepted and -analyze an
Q ,'Sa1mp!le'(§)on- hold unitl:�
0 Sample(s) accepted'in&i;nAiiyze No n­ofx'fijc'aft'1o' Yeq fired.
Other (explain):
Pets6n C66tacted: a, PI—C
Form completed by: ^ate: I I
Unit Leader Review (initial):
NUT VOA SVGA MET
WCH PEST MIC
0AXFamu15Am01*Rtoco;ir0SCV9

MEMORANDUM
Mel
File
Paul Rawls
December 19,2001
Attached information taxed on above date to Anita LeVeaux Quigley (see attached confirmation
sheets).
M,

� A
American Canoe Association,
Professional Paddlesports Association, and
Conservation Council of North Carolina
Petitioners,
V.
North Carolina Department of Environment and
Natural Resources,
Respondent.
D. M. Farms of Rose Hill, LLC.,
Petitioner,
V.
North Carolina Department of Environment and
XT
Natural Resources
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
SETTLEMENT
AGREEMENT
VVHEREAS, on June 21,2000, Respondent issued NPDES Permit No. NC0086614 (hereafter
referred to as "the Permit") to D.M. Farms of Rose IBI, LLC for the MAG TV, Melville L Melville
.rl, Dell and DM Section 1, Site 4 hog farms (hereafter referred to as "the five farms).
WHEREAS, on July 24, 2000, American Canoe Association, Professional Paddlesports
Association and Conservation Council ofNorth Carolina (hereafter collectively referred to as "ACX')
filed a petition challenging the Permit, Case No 00 EHR 1060;
WHEREAS, on July 28, 2000, D.M. Farms filed a petition challenging the Permit, Case No.
00 EHR 1095; 31 L
14AR 2 0 2001
FAYEITEVILL-E
REG. OFFiGrE

WFMREAS, on October 11, 2000, the two cases were consolidated-,
A I rTTTITIST, A 0 A rl A --.I r% WX T7— L-- U : A :- +11—
VV HE Ar�t%a J*%V�t% 41JU lo#JVI. raIL10 L14VIC 41 1 L — eac n"e, veneu III LII%o Wtiler c440v1
WI-MREAS, ACA, D.M. Farms and Respondent (collectively referred to as "the parties"),
by their authorized representatives and without adjudication of the issues, consent to entry of this
Settlement Agreement to resolve all issues raised by the Petitioners in both cases;
1. Within five (5) business days of the execution of this settlement agreement, Respondent
shall reissue the Permit with the modifications set forth in Appendix I.
2. With the exception of any future reissuance of the Permit, neither this settlement nor the
resulting permit conditions will establish any precedent for future swine farm. NPDES permits issued
inNorth Carolina. The Department reserves its right to. include in future swine farm NPDES permits
those conditions included in the Permit that it deems lawful and appropriate, D.M. Farms and ACA
e s er,1 - these respective
.spe- .ve rights to support "1". &10 r c In —ol len ge any condition included in the Permit that
is included in any future swine farm NPDES permit.
3. DM Farms and ACA reserve their right to challenge any modification or reissuance of
the Permit to the extent such modification or reissuance contains any permit conditions different from
the conditions set forth in Appendix L including, but not limited to, any decision to reopen the Permit
to require compliance with any later adopted phosphorus standard,
4. No provision ofthis Settlement Agreement shall be construed as a settlement of any claim
inAmerican Canoe Association v. MurphyFarmslnc., Civil Action Nos. 7-98-CV4-F(1), 7-98-CV-
19-F(1), 5-98-CV-209-F(1), now pending in the United States District Court for the Eastern District

'i 4 1 1 �'
5. In conjunction with the issuance of all future NPDES permits for concentrated animal
feeding operations, Respondent shall include the following underscored language or substantially
similar language in the Public Notice in order to notify the public that the Certified Animal Waste
Management Plan is available for public review and comment:
"HRARTNOT P1 TRPOqF,- I Piih1ir.rnmment—rnmmfntq qtatpmfntq Hatiand
other information regarding the draft permit and the
Certified Animal Waste Management Plan, which
is incorporated by reference into the draft permit,
may be submitted in writing prior to or during the
meeting or may be presented * * *. v
INFORMATION: A copy of the draft NPDES permit, which includes a
copy of the incorporated Certified Animal Waste
Management Plan, and a sketch showing the location
of the facility is available by writing or calling * * *."
6. In conjunction with the issuance of all future NPDES permits for concentrated animal
feeding operations, Respondent shall include the Mowing underscored language or substantially
similar language in, the Fact Sheet in order to notify the public that the Certified Animal Waste
Management Plan is available for public review and comment:
The administrative record, including the draft permit, the Certified Animal
Waste Management Plan, fact sheet, and additional information is available
PAGE 3:
A copy of the draft NPDES permit, which includes a copy of the
incorporated Certified Animal Waste Management Plan, a sketch
showing the location of the facility, and the fact sheet are available by
3

The fact sheet and draft NPDES permit which includes a copy of the
incorporated Certified Animal Waste Management Plan are on file at
Comment Period
* * * The comment period for the draft permit and the Certified
Animal Waste Management Plan, which has been incorporated
by reference into the draftpermit, will last until the close of the
Interested persons are invited to submit written comments on the draft
permit and the Certified Anim al Wast e Management Plan, which
has been incorporated by reference into the draft permit, or on
the Division of Water Quality's * * *."
7, ACA takes the position that flow meters are necessary in the spray application system in
order to obtain an accurate flow rate for the calculation of the amount of plant available nitrogen
(PAN) applied to a sprayfield during an application "event and to account for the wastewater spray
rates and volume. D.M. Farms takes the position that flow meters are unnecessary and that its
method of using a constant flow rate based solely upon the orifice size and operating pressure at the
base ofthe irrigation gun at the beginning of the application event is sufficiently accurate to calculate
the PAN and the volume of waste applied; To resolve this disagreement, the parties agree to a one-
year study of the flow rate issue to be conducted by three independent engineers (hereafter referred
to as "the study engineere). The parameters of the study are set forth in paragraphs 8 - 12 and in
the modifications to Part H of the Permit as shown in Appendix I.
8. The purpose of the flow study is to identify and select a method of determining the flow
rate and volume of waste applied during spray events at the five farms that is accurate, technically
practicable, durable and independently verifiable through documentation. The method selected must
andvribimonfwa fiz applied on each individual field ;rh-nt;�Sj-d
. -1-- — -aste -rr
4

in the current Waste Utilization Plan. in selecting a method, cost shall only be* a factor in the
assessment ofthe method's durability. For purposes ofthe accuracy factor, the study engineers shall
determine the relative accuracy ofthe methods studied and if one or more of the methods is at least
ten (10) percent more accurate than D.M. Farm's current method as described in paragraph 7, the
method with the greatest accuracy must be selected by the study engineers provided that it satisfies
all of the other criteria set forth in this paragraph. The study engineers shall also identify all other
method(s) studied that provide no more than a five (5) percent difference in accuracy from the
method with the greatest accuracy and that satisfy all of the other criteria set forth in this paragraph.
Such other methods are referred to herein as alternative methods. Accuracy shall be determined by
field calibration of the flow metering system,
9 At the donrJusion of the study, the cttidu-nor n-x -A—nn co4am the method that sa+1s4ae
all of the criteria for selection set forth in paragraph 8 and include a statement of the basis for the
selection. Agreement between two ofthe study engineers shall be sufficient for selection of a method.
The study engineers shall select a method within one (1) year of the execution of this Settlement
Agreement and inform the parties in writing oftheir selection. Within sixty (60) days ofthe selection,
D.M. Farms shall implement the selected method and utilize the selected method for purposes of
same time frame, D.M. Farms has the option of implementing and using one of the alternative
methods identified by the study engineers in lieu ofthe selected method,
10. Each party shall select an engineer who has no previous association with the party,
Murphy Farms Inc., Smithfield Foods Inc. or any parent or subsidiary entity, as an employee,
contractor or consultant. Each engineer shall be experienced in the selection and operation of flow
M

measurement equipment and devices in conjunction with the design of waste management facilities.
Each study engineer shall reside within 150 miles of the five farms and be available to accommodate
the time requirements set forth in this Settlement Agreement. Within thirty (30) days ofthe execution
of this Settlement Agreement, each party shall select a study engineer and notify the other parties of
the selection.
11. Within sixty (60) days ofthe selection ofthe study engineers, the engineers shall complete
preparation of a study plan. The study -plan shall be jointly prepared by the engineers. The plan shall
set forth the details and timetable for a study designed to meet the purposes and criteria set forth in
paragraph 8. The study plan must include at least the study of recording flow metering devices with
totalizers and D.M. Farms' current practice as.described in paragraph 7.
12, The study shall commence immediately upon completion of the study plan anti he
--
completed at least thirty (30) days prior selection of the method by the study engineers pursuant to
---l' n The �+-A•
1-31 1- -3
P"Lar'laFi.17. L11 Dwuy Mau be conu'Uc'Leu' at the five farms using 'Id-1111personric-11to erase spray
equipment. The study engineers shall supervise the farm personnel.
13. D.M. Farms shall bear all fees, costs and expenses for the activities required to satisfy
paragraphs 7 - 12.
14. In the event the study is not completed in one (1) year due to circumstances within D.M.
Farms control, D.M. Farms shall pay ACA reasonable attorneys' fees, expert fees and litigation costs
incurred in the enforcement of paragraphs 7 - 12 of this Settlement Agreement.
15. At any time before the completion ofthe study, D.M. Farms may elect to install recording
flow metering devices with totalizers in its spray application system that are capable ofrneasuring the
flow rate and volume of waste applied on each individual field identified in its current Waste
Z

Utilization Plan. If D.M. Farms so elects, it shall notify the other parties to this Settlement
I
Agreement and immediately begin preparing its DIM-2 Forms using the data generated by such flow
metering devices. Thereafter, D.M. Farms shall be relieved of all remaining obligations pursuant to
, -1- 1
parags a - 1A
6 jilla I A -T.
16, D.M. Farms agrees that it and affiliated companies, will participate in discussions with
the Division of Water Quality (DWQ) and other interested persons to determine the most appropriate
methods of evaluating the potential impacts of swine farms on groundwater quality, and ways to
address groundwater quality standard exceedances. The discussions will be called by DWQ; will begin
within 30 days of this Settlement; and will include, but not be limited to, the appropriateness of risk -
based solutions.
17. Each of the undersigned represents that he/she has the authority to execute this
Settlement Agreement.
18. This Settlement Agreement shall be deemed executed upon the date of the last signature
affixed below.
1-1,
1 101 IWO 911NImm
111721111100111 1101a•III, V ag
Kerr T. Stevens, Director
Department of Environment and Natural
Resources
lug Iii, I III11
Mef C. fvey, II
T wine A,
I (-enaro
The SAf6rd Holshouser Law Firm PLLC
One Exchange Plaza
219 Fayetteville Street, Suite 1000
Raleigh, NC 27601
Date
7

FOR PETMnNF.Rq AMIFRwAm rANOE
ASSOCIATION, PROFESSIONAL
PADDLESPORTS ASSOCIATION AND
CONSERVATION COUNCIL OF NORTH
CAROLINA
ba'rolyn SPravlik 1
Amy K. Kendall
Terris, Pravhk & Miffiah, LLP
1121 12th Street, NW
Washington, DC 20005
--TD-fte—

NPDES Permit Number NCO086614
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT" OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE MANAGEMENT SYSTEM NPDES PERMIT
This permit shall be effective from the date of issuance until May 31, 2005. The permittee
shall comply with the following specified conditions and limitations,
MEEK179MOMITITUM; "411KA505141";
ail, I
r4Ws1MT*RF M*e. . 1r#rtWaTW1]rMWJ=
MT-*N7,TU#TsT#Tj3F.r#rsF. MM tMM oMo
The animal waste collection and process wastewater, treatment, storage and application
system operated under this permit shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of pollutants to waters of the United States or
ditches. Application of waste at agronomic rates to terraces and grassed waterways is
acceptable in accordance with Natural Resources Conservation Service (MRCS)
Standards.
Facilities which are. designed, constructed and operated to contain all process generated
waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of
the facility and which are in compliance with their Certified Anima'asbe
Mana2emcnt Plan(CAWMP); the Clean Water Act, and its implementing regulations;
and this permit, which unintentionally discharge an overflow of process waste
pollutants as a result of a storm event greater than the 25-year, 24-hour storm, will not
be considered to be in violation of this permit.
2. No discharge shall result in a violation of the water quality standards established for the
receiving waters as per 15A NCAC 2B .0200."
3. The CAWMP is hereby incorporated by reference into this permit. New or expanding
facilities are required to be certified prior to the stocking of animals. The CAWMP
0 -
must be consistent with all applicable statutes, rules and standards in effect at the time
of siting, design and certification of the facility.
The permittee must assess, on an ongoing basis, the effectiveness of the implementation
of the CAWNT. The Permitte e must amend the CAWMP to address any changes
A
needed to improve the management of the animal waste at thm site. A-,-"-v amendment to
the CAWMP must be documented, dated, and included as part of the CAWMP. AU
ameadmen.1s, along mil-b an =1anafiQn Idotftig all amcnilments. shall b
submitted -to both the Midsim of -Water QualitY's (DWO) cotral oMcc and th

NPDES Permit Number NCO086614
1011MIURIMMIMR74M Mit Inj jtMMM#jT jV 47.j rWiPA. I M# #TWIT, -1 R IT, I =I. I
01 --4TITO
sball iodude, a descripfiunpf how tU neH numbers relate IQ tht old Dumb—erm The
CAWMP must be provided to the permit issuance authority or EPA, upon the request
of either.
Di -^
Any violation of the CAWMP shall be considered a violation of this permit and sub;-.-t,
to enforcement actions. A violation of this Permit may result in the Permittee having to
take immediate or long term corrective action(s) as required by the Division -of Water
Quality (Division), or the Environmental Protection Agency (EPA), These actions may
include modifying the CAWMP; ceasing land application of waste; removing animals
from the farm; or the permit being modified, revoked and reissued, or terminated.
MW 'W
all Mi 4 MIMMM
01"011#14=2#
t
7 M�VJL
J M-1 JAMM
till, 7"WMMMMI INTR # =os i JUMPINUXT.M.
M11111 I
RMIMMI =11 RMT M-11 M.11.11''I"1111M
A
All activities authorized herein shalt be consistent with . the terms .-nu conditions onditions of this
permit.
S. A copy of this Permit, certification forms, lessee and landowner agreements, and the
1, 1
CAVJW- "
shall be readily 'Va-lflab-le at the farm (Stored at places such as the farm
residence, office, outbuildings, etc.) where animal waste management activities are
being conducted for the life of this permit. These documents shall be kept in good
condition and records shall be maintained in an orderly fashion.
If -prior to-tbe- expiration date of this permit ciftr the Division or EPA Cstablishes
Rhospharus standards that are applirable ta this facility, thr. permittee must
condu-ct- an -evaluation of the facility and its --CA i nder the rt-!QjjirPmPmfc of
the J!hosplorms standard iand subMij ft tyaluation tQ both the D310 centrW omce
and 1he al2plorialt DWQ regional office vAthin -si2U f61 days of the adq,pAian Qf
the standiid, -After r-cAew of the exaluadus thf. bivision may mpo JWs 12erm
tQ rCquire complianCC with fbe Phosphorus sfandard, 1f The ...Uermittee cann
immedialdy cmply mith these new standards, the permillu may request that
compliance schedule be incorporated into this permit,
1, The collection, treatment, and storage facilities, and land application equipment and
fields shall be maintained at all times and properly operated.
APPENDIX 1 2

MWAMMMMEMR� if; M
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in
the CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range -for crop
production.
4. Land application rates shall be in accordance with the CAWMP and the Clean Water
Act and its implementing regulations. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receiving crop or result in runoff during any g1ven,
application.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the
case of fruit bearing trees, following breaking dormancy. Application of animal wastes
shall not occur within 30 days of the harvesting of fiber and food crops for direct
human consumption that undergo further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks-, etc, shall not be
discharged into the animal waste collection, treatment, storage and application system,
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume, OnTv those detergents and uuc%tliiuJ *that are la0 e' d by the manufacturer as
le
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations,
9. Unless accounted for in temporary storage. volume, all uncontaminated runoff from the
surrounding property and buildings' shall be diverted away from the animal waste
lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in
the structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
- pond embankments (outside toe of embankment to.maximum pumping elevation),
berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody
vegetation shall not be allOvVed — gl
ow rr ow on the 'lagoon/waste storage pond
embankments. All trees shall be'removed in accordance with good engineering
0
practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be
kept mowed.
APPENDIX 1 3

I I NPDES Permit Number NCO086614
11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWMP and the Clean Water Act and its implementing regulations. When
removal of sludge from the lagoon is necessary, provisions must be taken to prevent
damage to lagoon dikes and liners,
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have at least one of the following items at all times (a) adequate
animal waste application and handling equipment, (b) a lease, or other written
agreement, for the use of the necessary equipment, (c) a * contract with a third party
applicator capable of providing adequate waste application, or (d) a contract for the
purchase of the equipment. Equipment shall be capable of meeting permit condition 11
(4).
i 1TIMM M.5 MA MWO
IMUCII, 6141PRO)IWO 1 4 1, t I VATM M- 0
M11 MMI) I
911IMMIEV =I- MITMP70TIF M#6 UMMMI CITITMOINTRI
IrMIMI"I - "01,
- #1111TRITIVIMIM"If
MMMMMMMI& =to MiMVroMIR - -
MTMo - I
RMN Mom #
11FORM-NiM MM 44#741.977MMVIr Milt I-j M047MM74MMMUTOWAT, #I I M MMM I ZO It V
M 3Yfthin sixty (60) days of the effectlyc date ot this permit, tht- ppmittu shaDI
install, aperate and maintain devicim-ataUlm* ation-Vumnq/j,!QUjpMggnf -simed to d.
aulmatically stop irrigation activiticS during pr-ecipifatiQn,
01MINIFAIM(III)MIFTM, CUM 1 0401-44 . . . . . . . . 04 W.
t Mot
ZIMPIUMMMIMM IMMORM. VIVIN-OrMs =-s MTN MMMI larmf
WRIM, MI—MMIR MIJIMM IMMIM. M
M
MOO Mt 11YVILIMC41-161i 1.
MR Mt, V1, MITI-=
own, F-rume ar. Mtrwt M., Mr-MM17!

NPDES Permit Number NCO086614
1. An inspection of the waste collection, treatment, and storage structures and runoff
c0.W--­ol meao"U'res shall be conducted and dQCumentg at a frequency to insure proper
operation but at least monthly and after all storm events of greater than one (1) inch.
For example, lagoons, storage ponds, and other structures should be inspected for
evidence of erosion, leakage, damage by animals or discharge. Any major st_nctura1
repairs (to lagoons or waste storage ponds) must have written documentation from a
technical specialist certifying proper design and installation. However,'if a piece of
equipment is being replaced with a piece of equipment of the identical specifications, no
technical specialist appr val is imp s-ssn ri e
'Y Ll *19, reels, valves, umps (if th GPM
1.0 — - r-..,A, -e- PIP11 p
capacity is not being increased or decreased), etc.]
Ij
0 9 0 49
WAIN I I Mr. 9#11114
0 #1 IMN� 0 4 vhw�,A# R toM r, 10'.14 M-141. 4 f*j* I t-Jjj W F VIM 1,1#m
It I - o. .
W144INVU441111M
1.1TWITMIT31 far mt 11 M-Mr,
M, M I I ITS I 1=0 t R=t. 01MM
3. An automated rain gauge and recorder must be kept on site to measure and record all
rainfall events. This equipment must be properly maintained and calibrated at ail tit=
in a - manner unsislent Mth manufactuar's - operatjon-- and maintgnanr.
reommendaflons. This autQmatgd cquipment must bC ill place no latcr than 20
dav4; fold wines the issugnU of this permilt,
its make wany needled reraairs tQAhk&Quip=nt_a
M FIIW=o RM OWME oRIFINIMPIMM I of
MUMMITI-71 MIN Ot
4. A representative Standard Soil Fertility Analysis, including pH, copper, -and zinc, shall
be conducted annually on each application field receiving animal waste. The results of
these tests shall be maintained on file by the Permittee for a minimum of three years
and shall be made available to the Division or EPA upon request.
S. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date Of. application. I "IS
I
analysis shall include the following parameters:
APPENDIX 1 5

Nitrogen Zinc
Phosphorous Copper
ormiTimm, irimintj nignmumm,
tomorg Wo Mar i =#t
I W
71 1 119 eft P1 11 M., I& a7li-iinrim.,
it. - M1711 WIS "tit
F 5TaF7W#V1ff4i7XMCff
I BRITI]FIF M,$
MIRM,
I.
MWOM. j MOM�
7. A record shall be greated of each inter -lagoon transfer. Sub record sh-all include at
legstjh_e'de Utitj of the lajoM frgm which thg Masle eerred. the idenfi-ty-d
the lagoon receiving the wagtote date, an-d-time of transfer -and the ON volume of
waste Frans erred.
8. If, for any reason, there is a discharge from the animal waste and process wastewater
collection, treatment, storage and application systems (including the land application
sites), to waters of the United States, the permittee is required to make notification in
accordance with Condition 111. 9-. U. The discharge notification shall include the
following information:
a. Description of the discharge: A description and cause of the discharge,
including a description of the flow path to the receiving water body. Also,
an estimation of the volume discharged.
b. Time of the discharge: The period of discharge, including exact dates and
times, and, if not corrected, the anticipated time the discharge is expected to
continue, and steps being taken to reduce, eliminate and prevent recurrence
of the discharge.
c, . Cause of the discharge: If caused by a precipitation events), information
from the onsite rain gauge concerning the size of the precipitation event;
d. Analysis of the waste-,* WKY A .1, tdi
cop;; - UA e last waste analysis conducted as
V
required by Condition M.-4-.,5 above.
9. In the event of any overflow or other discharge from the animal waste and process
wastewater collection, treatment, storage and application systems (including the land
application sites), the following actions must be taken:
a. Analysis of the discharge: All overflows or other discharges must be
sampled and analyzed. Samples must be, at a minimum, be analyzed for the
following parameters: fecal coliform bacteria; five-day biochemical oxygen
demand (BUDS); total suspended solids (TSS); total phosphorus as
phosphorus, dissolved phosphorus as phosphorus; amrnoniQ­b4:-UU;ren as
nitrogen; TKN as nitrogen; nitrate; pH; and temperature.
APPENDIX 1 6

NPDES Permit Number NCO086614
b. Sampling procedures: Samples shall consist of grab samples collected from
the over -flow or discharge. A minimum of one sample shall be collected
from the initial discharge (within 30 minutes). The sample shall be collected
and anlyzed in accordance with EPA approved methods for water analysis
listed in 40 CFR 136. Samples collected for the purpose of monitoring shall,
be representative of the monitored discharge. Monitoring results must be
submitted to Division within 30 days.
c. Reasons for not sampling: If conditions are not safe for sampling, the
permittee must provide documentation as why samples could not be
collected. For example, the permittee may be unable to collect samples
during dangerous weather conditions (such as local flooding, high winds,
hurricane, tornadoes, electrical storms, etc.). However, once dangerous
conditions have passed, the permittee shall collect a sample from the
retention structure (pond or lagoon),.
10. All records required by this permit and the facility's CAWMP, including but not
limited to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and
land application event(s), cropping information and removal of solids to an off -site
location(s) records, shall be maintained by the Permittee in chronological and legible
form for a minimum of three years, These records shall be maintained on forms
provided or approved by the Division and shall be readily available for —Insp. ion. The
permittee shall also furnish to the Division or EPA upon request, copies of records
required to be kept by this permit.
11. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the foll"',­
IZW�LLlr, 1_YQUL*s.
a. Failure of any component of the animal waste collection, treatment, storage and
land application system resulting in a discharge to waters of the United States.
V. Any failure of the animal waste and process wastewater treatment and disposal
system that renders the facility incapable of adequately receiving, treating or storing
the animal waste, process wastewater and/or sludge.
c. A spill or discharge from a vehicle transporting animal waste, process wastewater
or sludge to the land' application field which results in, a discharge to waters of the
United States or an event that poses a serious threat
reat to waters of the United States.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment.
e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition VI (3) of this Permit.
f. Overapplying animal waste or process wastewater either in excess of the limits set
out in the CAWNT or where runoff enters waters of the United States.
g. Any discharge to waters of the United States or that poses a serious threat to the
environment.
APPENDIX 1 7

For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional
Office within 5 calendar days following first knowledge of the occurrence. This
report shall outline the actions taken or proposed to be taken to correct the problem
and to ensure that the problem does not recur. The requirement to file a written
report may not be waived by the Division Regional Office.
CTMIM, =—sT111M1
ffl, W111,111FITIT-1m,
IRM
M.'
An annual certification report shall be filed with the Division by March 1 of each year
for the previous year's activities on forms provided by the Division certifying the
facility was in compliance with the terms of this permit and the CAW.�kV If + aC 'I
IL4 Ub f i! t-
e le y
was not in compliance, the annual certification must be used to summarize all the
violations during the previous year and explain the current compliance status of'the
facility.
13. In the event of a discharge of 1,000 gallons or more of animal waste to the surface
waters of the State, the permittee must issue a press release to all print and electronic
news media that provide' general coverage in Sampson County setting out the details of
the discharge. The press release must be issued within 48 hours after it is determined
that the discharge has reached the surface waters of the State. A copy of the press
release and a list of the news media to which it was distributed must be kept for at least
one year after the discharge and must be distributed to any person upon request.
14. In the event of a discharge of 1.5,000 gallons or more of animal waste to the surface
waters of the state, a public notice is required in addition to the press release described
above. -The public notice must be placed in a newspaper having general circulation in
Sampson County and the county immediately downstream within 10 days of the
discharge. If a discharge of 1,000,000 gallons. of wastewater or more reaches surface
waters, the DWQ regional office - must be contacted to determine in what additional
counties, if any, a public notice must be published. A copy of all public notices and
proof of publication must be sent to the DWQ within 30 days of the discharge. The
minimum content of the notice is the location of the discharge, estimated volume, water
body affected, steps taken to prevent future discharges and a phone number and coXAL"--t
name.
1�0�-tTIUJWAIVIA V:# I'm :1101" ni►
0 - - HF.W.MM.&IMAK
WN ft.nsv� A
.W.&ITANWAM *%TAW,
APPENDIX 1 8

. k 1 11 1 NPDES Permit Number NCO086614
91111FIN325-M LOWMA Z
The permittee shall allow an authorized representative of the Department or EPA, upon the
presentation of credentials and other documents as may be required by law, to:
a) Enter the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this
permit;
b) Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this pen -nit;
c) Inspect, at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit, and
d) Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance or as otherwise authorized by the Act, any substances or
parameters at any location.
O"NOWMA IM PIKQ
1 The issuance this permit shall not relieve the Permittee of the . responsibility for
compliance with all applicable surface water and groundwater quality standards or for
damages to surface waters or ground waters resulting from the animal operation.
2. The Perrrunee shall designate a certified animal waste management system operator to
be in charge (OIC) of the animal waste management system. The animal waste
management system shall be operated by the CHIC or a person under the OICs
supervision.
3 The maximum waste level in lagoons/storage ponds*shall not exceed that specified in
-XI'l A I the CAWMR At a minimum, -maximum— waste level f.^.'A lagoons'stworage ponds must
not exceed the level that provides adequate storage to contain the 25-year, 24-hour
storm event plus an additional 1 foot of structural freeboard „except a result of a
WMWWUK�W, MIRWMAIMMIX"ArM
ROVIT-115 Mis ins 37107MMMINit:_
IWOMPKIR. OW) MR -IMU 1-51 F711MIAR 41MIT-W-1 MW 17M Mii M.
MiTEMs I I #MMIT479 MARMO-v jivi i (q:n (tip No I I RMF. k=474 -1 Rol I IMM.11VAMPT
M1;!j1LWt#-11W iAM 1, 1 1 1
MI T. or M-1 =11 MMMMITIMM711-1 L "00T.T1 - "I IT 9
APPENDIX 1 12

NPDES Permit Number NCO086614
I101TIVIVIdillommir M-- a= Ini MITTWUP-1 =0 oTXW.-TtT,=X MojTTW#1
=11 I "llaw-111 IIIIm 1I I ME " 11MV.7.7m
i itil.
4. The Division may require any additional monitoring (including but not limited to
groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to
determine the source, quantity, quality, and effect of such waste upon the waters of the
State. Such monitoring, including its scope, frequency, duration and any sampling,
testing, And reporting systems, shall meet all applicable Environmental Management
Commission requirements.
5. Any containment basin, such as a lagoon or storage pond, used for animal waste
management shall continue to be subject to the conditions and requirements of this
permit after closure of the animal feeding operation or non-use or abandonment of said
cont"inrneut basis. Closure of a containment basin, in accordance with the "Natural
Resource Conservation Service (MRCS) North Carolina Interim Standard for Closure of
Abandoned Waste Facilities," January 1997 or any subsequent �t=Me Odmint,
will cause said containment basin to no longer be subject to the requirements of this
permit or the Clean Water Act. The permittee must submit a letter to the Division to
request inactivation of the NPDES permit Coverage by providing documentation
describing the procedures taken to close any containment basin. Closure shall also
include notifying the Division and submittal of the A—mal Waste Storage Puna' and
Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within
15 days of completion of closure.
6. This permit allows for the distribution of manure up to 4 cubic yards per visit to
individuals for personal use.
7. The issuance this permit does not excuse the Permittee from the obligation to comply
wL-U'l all applicable statutes, rules, regulations, or ordinances (local, state, and federal),
nor does issuance of this permit convey any property rights in either real or personal
property.
8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for
revocation of this Peru -fit.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are required in the CAWMP, shall constitute grounds for revocation
of this Permit.
10. This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittee, a formal pen -nit
request must be submitted to the Division, documentation from the parties
APPENDIX I . 13

involved, and other supporting ' materials as may be appropriate. The approval
of this request will be.considered on its merits and may or may not be approved.
11. This permit is effective on.1 with the na—re an' volume of wastes
.frith %.SFC. I to LU
described in the application and other supporting data. The Permittee shall
notify the Division immediately of any applicable information not provided in
the permit application.
12. If the permittee wishes to continue an activity regulated by this permit after the
expiration date of this permit, the permittee must apply for and obtain a� new permit.
Renewal applications must be filed at least 180 days prior to the expiration of the
permit,
.. 1*1J9J:LtL!MJ=
14. The issuance of this permit does not prohibit the permit issuing authority from
reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit as allowed by the laws, rules, and regulations contained in
Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North
CaL_^I­� A
CL d— -- five Cole, Subchapter 2H .0100; and North Carolina General
wl"4 Ackninisua i a
Statute 143-215.1 et. al.
1. Failure to abide by the conditions and limitations contained in this pefinit; the facility's
CAVvl"; or the Clean Water Act, and its implementing regulations, may subject the
Permittee to an enforcement action by the Division or EPA in accordance with North
Carolina General Statutes including the modification of the animal . waste management
system, civil penalties, criminal penalties and injunctive relief.
The -Clean Water Act and 40 CFR Part 122.41 providethat any person who violates a
permit condition is subject to civil penalties and administrative penalties. In addition
criminal penalties including imprisonment are provided for falsifying data, knowingly
violating a permit condition, or for negligence.
APPENDIX 1 14

NPDES Permit Number NCO086614
2. The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action;
for 'permit termination, revocation and reissuance, or modification; or denial of a
permit renewal application.
3. It shall not be a defense for a permittee in an enforcement action that it would have
been n.,A009L,"
��,y to halt or reduce the permitted activity in order to maintain compliance
with the condition of this permit.
"11 0
T.L.I. -21AIN-MARD EEMY 13: QMMITIQNS
A. General Conditions
1. Introduction: In accordance with the provisions of 40 CFR Part 122.41, et, seq., this
permit incorporates by reference ALL conditions and requirements applicable to
NPDES Permits set forth in the Clean Water Act, as amended, (hereinafter known as
the "Act") as well as ALL applicable regulations.
2. Duty to Comply: The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds for enforcement
action; for permit termination, revocation, and reissuance; and/or for denial of a permit
renewal application.
3. Toxic pollutants: The permittee shall comply with efffluent standards and prohibitions
established under section 307(a) of the Act for toxic pollutants within the'time provided
in the regulations that establish these standards or prohibitions, even if the permit has
not yet been modified to incorporate the requirement.
4. Permit actions: This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does
not stay any permit condition.
5. Property rights: The issuance of this permit does not convey any property rights of any
sort, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State/Tribal or local
laws or regulations.
6. Duty to provide information: The perminee shall furnish to the Director, within a
reasonable time, any information which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this permit, or to
0
determine compliance with this permit. The permittee shall also furnish to the Director,
upon request, copies of records required to be kept by this permit.
APPENDIX I is

NPDES Permit Number NCO086614
7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false or materially
misleading representation or concealment of information required to be reported by the
provisions of the permit, the Act, or applicable regulations, which avoids or effectively
defeats the regulatory purpose of the Permit 'may subject the Permittee to criminal
enforcement pursuant to 18 U.S.C. Section 1001.
8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any responsibilities, liabilities, or
penalties established pursuant to, any applicable State/Tribal law or regulation under
authority preserved by Section 510 of the Act.
9. Severability: The provisions of this permit are severable, and if any provision of this
permit or the application of any provision of this permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
B. Proper Operation and Maintenance
1. Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in
an enforcement action to plead that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent
any discharge in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment.
3. Proper operation and maintenance: The permittee shall, at all times, properly operate
and maintain all facilities and systems of treatment and control (land related
appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this permit. Proper operation and maintenance includes the operation
of backup or auxiliary facilities or similar systems only when necessary to achieve
compliance wi the c-n,4 t;, ^F +I— ___.+
--- r, thh I.-.111SO UL LLA� FI.L1111L.
Q. Monitoring and Records
I
.L. Representative sampling: Samples and measurements taken for the purpose of
monitoring shall be representative of the monitored activity.
2. Retention of records: The.permittee shall retain records of all moni orina inform--t"^"
t
including all calibration and maintenance records and all original strip chart recordings
for continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of
a,
least three years from the date of the sample, measurement, report, or application. This
period may be extended by request of the Director at any time.
APPENDIX 1 16

NPDES Permit Number NCO086614
3. Record content: Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b.' The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
4, Monitoring procedures:
a. Monitoring must be conducted according to test procedures approved under
40 CFR Part 136, unless other test procedures have been specified in this
permit or approved by the Director.
b. The permittee shall calibrate and perform maintenance procedures on all
monitoring and analytical instruments at intervals frequent enough to insure
accuracy of measurements and shall - maintain appropriate records of such
activities.
c. An adequate analytical, quality. control program, including the analyses of
sufficient standards, spikes, and duplicate samples to insure the accuracy of
all required analytical results shall be maintained by the permittee or
designated commercial laboratory.
1 Anticipated Noncompliance: The permittee shall give advance notice to the Division of
any planned changes in the permitted facility or activity which may result ,in
noncompliance with permit requirements.
2. Other information: Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect information in a permit
application or in any report to the Division, it shall promptly 11114,
y sti.such filets or
_K_
information to Division.
E. Signatory requirements
All applications, reports, or information submitted to the Division shall be signed and certified
I"VII 1 11110 1
as follows:
1. All permit applications shall be signed as follows:
a. For a corporation: By a responsible corporate officer. For the purpose of
this section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function, or any other person who
APPENDIX 1 17

performs similar policy or decision -making functions for the
corporation; or,
ii. The manager of one or more manufacturing, production, or operating
facilitio-c employing more than 24101 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures,
b. For a partnership or sole proprietorship: By a general partner for a
partnership or the proprietor, respectfully.
c. By the co-permittee.
2. All reports required by the permit and other information requested by the Division or
EPA shall be signed by a person described above or by a duly authorized representative
of that person. A person is adul
-- Ir --- -y
a) The authorization is made in writing by a person described above;
b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well. or a well field,
superintendent, position of equivalent responsibility, or any individual or
position having overall responsibility for environmental matters for the
company. A duly authorized representative may thus be either a named
individual or an individual occupying a named position; and,
c) The written authorization is submitted to the Division.
F. Certification
Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and, all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper
Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or
equivalent regional or state rainfall probability information developed therefrom.
APPENDIX 1 18

NPDES Permit Number NCO086614
6111 milt I 6711TI imwrlm$TOFTITImi-ITI]fr;TIRUINFFoTs
t
dial Ra i HI O.R1441 014AW-tirt Inermtsins KIM10,30OLYMM U-Nd'TatrUMI" MI I
twisk =I. 41M.Mi
I It,
Animal feeding operation means a lot or facility (other than an aquatic animal production facility)
where the * :on-. are reset; 0' ) aM* Is (other than aquatic animals) have been, are, or will
no ---A
� �.Vzsuitj Mal
be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and
(ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing
season over any portion of the lot or facility. Two or more animal feeding operations under common
ownership are considered to be a single animal feeding operation if they adjoin each ether, or if they use
a common area or system for the disposal of wastes.
Ground water means any subsurface waters.
Land application means the application of wastewater and waste solids onto or incorporation into the
soil.
Process wastewater means any grocess-generated wastewater and any precipitation (rain or snow)
which comes into contact with any manure, litter or bedding, or any other raw material or intermediate
or final, material or product used, in or resulting from the production of animal or poultry or direct
products (e.g. milk, eggs).
Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot
for any of the follouincr: spillage or,, erflow 4^— __:
_v .. "Inal or poultry watering systems; washmg,
cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming,
washing or spray cooling of animals, and dust control.
The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act'as
amended, found at 33 USC 1251 et seq.
Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act.
Waters of the United States means: (1) all waters that are currently used, were used in the past, or may
be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb
and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as
intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign commerce including any such waters: which
are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish
or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be
used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters
otherwise defined as waters of the U.S.; (r,) trib eo ^r .. ers identified -in 11 \ Utari j� of "at AA Mill U I through (4) of this
definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in items (1) through (6) of this definition.
APPENDIX 1 19

NPDES Pen -nit Number NCO086614
This Permit issued the ' day of March 2001.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
NPDES Permit Number NCO086614
APPENDIX 1 20

\NA��Michael F. Easley
`�'������' ���+��� Governor
z William G. Ross jr., Secretary
North Carolina Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
March 19, 2001
Mr. David Hulbert
DM Farms
D. vim. "Ox IV T) 1 /),IVTic
A
Rose Hill, NC 28458
Subject: NPDES. Permit Number NCO086614
Mag 4 Sow, Melville I & 2, Dell
and Section 1 Site 4
Swine Waste Management System
Sampson County
Dear Mr. Hulbert:
In accordance with the Settlement Agreement between D. M. Farms of Rose Hill, LLC., the
American Canoe Association, the Professional Paddlesports Association, the Conservation
Council of North Carolina and the North Carolina Department of Environment and Natural
Resources dated March 15, 2001, we are forwarding this NPDES Permit issued to DM Farms,
authorizing the operation of the subject animal waste and process wastewater colle&ion,
treatment, storage and land application system. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215. 1, Section 402 of the Clean Water Act,
and the Memorandum of Agreement between North Carolina and the US Environmental
Protection Agency dated May 9. 1994-
This approval is for the operation of the existing animal waste management system including,
but not limited to, the management of animal waste and process wastewater from the following
LqCjlitii-q- Mna d qnj)v MP1v;ll,. 1 1& 1, TI�ll onA Qartimn 1 4Z;fa A — Q--
--1 --, .1—I.— . — - --- -,.- t,J ArL L1 V11 1 -1— -, ill l "IXAJJOWIA
with a total animal capacity of no greater than 4,400 sows, farrow to wean; 400 wean to feeder;
and 27,280 feeder to finish (Total Steady State Live Weight of 5,600,000 pounds) and the
application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River
Basin.
The permit shall be effective from the date of issuance until May 31, 2005, Pursuant to this
Pen -nit, you are authorized and required to operate the system in conformity with the conditions
and limitations as specified in this Permit, the facility's CAWMP and the Clean Water Act, and
its implementing regulations, with no discharge of wastes to waters of the United States. An
adequate system for collecting and maintaining the required monitoring data and operational
information must be established for this facility. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number
authorized by this Permit will require a modification to the CAWMP and this Pen -nit and must be
completed prior to actual increase in either wastewater flow or number of animals.
TZbONTAR
N. C. Division of Water Quality 1617 Mail Service Center Rateigh, NC 27699-1617 [phone] , Customer Service
1 800 623-7748

'1NPDES Permit Number NCO086614
Page 2
Please pay particular attention to the additional monitoring requirements that are
contained in Parts 111-2,111.3,111.12. and IV.
EPA has asked the Division to clarify and note the following information: under Part 111.6,
documented quantities and nutrient loading rates are required for waste solids disposed at both
onsite and offsite locations: under Part VI.3, the Plan of Action must not exceed the agronomic
loading rates contained in the CAWMP or propose a discharge to the waters of the United States;
and the nutrient management standard referenced in Part IX includes Conservation Practice
Standard Code 590 of the Natural Resources Conservation Service.
Please be advised that any violation of the terms and conditions specified in this Permit or the
CAWMP may result in the revocation of this Permit, and/or penalties in accordance with NCGS
143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit, Renewal applications must be
filed at least 180 days prior to the expiration of the permit,
This Permit is not automatically transferable, A name/ownership change application must be
submitted to the Division prior to a name change or change in ownership.
This letter is considered part of the attached permit and must remain attached to the
permit.'
The subject facility is located in the Fayetteville Regional. The Regional Office Water Quality
Staff may be reached at [phone]. If you need additional information concerning this
Permit, please contact Dennis R. Ramsey at (9-19) 711-50RI ext 5')R
Sincerely,
Kerr T. Stevens
Cc: Murphy Family Farms
Terris, Pravlik & Millian, LLP
The Sanford Holshouser ' Law Firm, PLLC
McGuireWoods, LLP
Sampson County Health Department
Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Water Quality Section
Non -Discharge Compliance Unit
Permit File
NDPU
EPA

NPDES Permit Number NC0086614
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE MANAGEMENT SYSTEM NPDES PERMIT
This permit shall be effective from the date of issuance until May 31, 2005. The permittee shall
comply with the following specified conditions and limitations:
1. PERFORMANCE STANDARDS
I Any discharge of waste which reaches waters of the United States or ditches is
prohibited. Animal waste shall not reach waters of the United States or ditches by runoff,
drift, manmade conveyance, direct application, or direct discharge during operation or
land application.
The animal waste collection and process wastewater, treatment, storage and application
system operated under this permit shall be effectively maintained and operated as a non -
discharge system to pre -vent the discharge of pollutants to waters of the United States or
ditches. Application of waste at agronomic rates to terraces and grassed waterways is
acceptable in accordance with Natural Resources Conservation Service (NRCS)
Standards.
Facilities which are designed, constructed and operated to contain all process generated
waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the
facility and which are in compliance with their Certified Animal Waste Management -Plan
(CAWMP); the Clean Water Act, and its implementing regulations; and this permit,
which unintentionally discharge an overflow of process waste pollutants as a result of a
storm event greater than the 25-year, 24-hour storm, will not be considered to be in
violation of this permit.
1 No discharge shall result in a violation of the water quality standards established for the
receiving waters as per 15A NCAC 2B .0200.
The CAWMP is hereby incorporated by reference into this permit. New or expanding
facilities are required - to be certified prior to the stocking of animals. The CAWMP must
be consistent with all applicable statutes, rules and standards in effect at the time of
siting, design and certification of the facility.
The permittee must assess, on an ongoing basis, the effectiveness of the implementation
of the CAWMP. The Pennittee must amend the CAWMP* to address any changes needed
to improve the management of the animal waste at the site. - Any amendment to the
CAWMP must be documented, dated, and included as part of the CAWMP. All
amendments, along with an explanation identifying all amendments, shall be submitted to
both the Division of Water Quality's (DWQ) central office and the appropriate DWQ
regional office within five (5) days of the amendment. If field, riser or pull numbers are
changed as a result of the amendment, the explanation shall include a description of how
the new numbers relate to the old numbers. The CAWMP must be provided to the permit
issuance authority or EPA, upon the request of either.
Any violation of the CAWMP shall be considered a violation of this permit and subject to
enforcement actions. A violation of this Permit may result in the Permittee having to take
immediate or long term corrective action(s) as required by the Division of Water Quality
(Division), or the Environmental Protection Agency (EPA). These actions may include

NFIDES Permit Number NCO086614 -
modifying the CAWMP; ceasing land application of waste; removing animals from the
farm; or the permit being modified, revoked and reissued, or terminated.
4. Any increase in waste production greater than the certified design capacity or the steady-
state live weight of animals above that authorized by this permit will require a
modification to the CAWMP and this permit and shall be completed prior to actual
increase in either waste production or steady-state live weight of animals. A public
notice is required prior to a final decision on whether the permit should be modified.
All activities authorized herein shall be consistent with the terms and conditions of this
permit,
5 A Prmv nF A
. . __ej -1 this Permit, certification forms, 'lessee and Ilanuowner agreements, and the
CAWMP shall be readily available at the farm (stored at places such as the farm
residence, office, outbuildings, etc.) where animal waste management activities are being
conducted for the life of this permit. These documents shall be kept in good condition
and records shall be maintained in an orderly fashion.
6. If prior to the expiration date of this permit either the Division or EPA establishes
Phosphorus standards that are applicable to this facility, the permittee must conduct an
evaluation of the facility, and its CAWMP under the requirements of the Phosphorus
standard and submit the evaluation to both the DWQ central office and the appropriate
DWQ regional office within sixty (60) days of the adoption of the standard. After review
of the evaluation, the Division' may reopen this pen -nit to require compliance with the
Phosphorus standard. If the permittee cannot immediately comply with these new
standards, the permittee may request that a compliance schedule be incorporated into this
permit.
11. OPERATION AND MAINTENANCE REQUIREMENTS
i. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times andproperlyoperated.
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the f� A XIA AD. XT
� ty"ll L-11 �_Ix VVIVI i No waste may be applied upon fields riot include[' in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act
and its implementing regulations. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result inrunoff during any given
application.
Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing,
K

I , NPDES Permit Number NC0086614
I
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are activ--ly
arowine.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Waslidown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
:_ ---- w:.L L
Q Disposal. of dead animals shall bbedone III with the NortitCarolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation 'Shall be kept mowed.
11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWMP and the Clean Water Act and its implementing regulations. When
removal of sludge from the lagoon is necessary, provisions must be taken to prevent
damage to lagoon dikes and liners.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have at least one of the following items at all times (a) adequate animal
waste application and handling equipment, (b) a lease, or other written agreement, for the
use of the necessary equipment, (c) a contract with a third party applicator capable of
providing adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition IT (4).
14. In accordance w ' ith 15A NCAC- 8F .0203(b)(2), the Operator in Charge or a designated
back-up Operator in Charge of a Type A Animal Waste Management System shall
inspect, or a person under the supervision of an OTC or designated back-up OTC shall
inspect, the land application site as often as necessary to insure that the animal waste is
land applied in accordance with the CAWMP. In no case shall this inspection be less
often that every hour7during the application of animal waste. A record of each inspection
shall be incorporated into the IRR-I Form and shall include the date, time, sprayfield
number and name of the operator for each inspection. The pen-nittee may assert as an
affirmative defense in any enforcement action alleging noncompliance with the
requirements imposed in this condition that such noncompliance was due to
circumstances beyond the Permittee's control. A notation shall be made on the IRR-1
Form indicating the inspection affected by such circumstance and an explanation setting

NPDES Permit Number NCO086614
forth the circumstances claimed to have been beyond the Permittee's control shall be
submitted with the I R-R- I Form.
15. Within sixty (60) days of the effective date of this permit, the n n-nittee zhn I install
operate and 'maintain devices on all irrigation pumps/equipment designed to
automatically stop irrigation activities during precipitation.
16. Within sixty (60) days of being notified by the team of three independent engineers,
retained to conduct a one-year study, of their selection of a method of determining the
flow rate and volume of waste applied during spray events at the facility that is accurate,
technically practicable, durable and independently verifiable through documentation, the
Permittee shall implement the selected method or one of the alternative methods
identified by the engineers as meeting all of the criteria. Once the selected or alternative
method is implemented or if the Permittee installs recording flow ' metering devices with
totalizers in its spray application system prior to the completion of the study, the
Permittee shall immediately begin preparing its IRR-2 Forms using the data generated by
the selected method to determine the flow rate and volume of waste applied during each
application event.
17. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach waters of the United States.
Is I 2 gjty I IoLm aLs -:191
1. An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted and documented at a frequency to insure proper opernnr%-
but at least monthly and after all storm events of greater than one (1) inch. For example,
lagoons, storage ponds, and other structures should be inspected for evidence of erosion,
leakage, damage by animals or discharge. Any major structural repairs (to lagoons or
waste storage ponds) must have written documentation from a technical specialist
certifying proper design and installation. However, if a piece of equipment is being
replaced with a piece of equipment of the identical specifications, no technical specialist
approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being
increased or decreased), etc,]
2. Highly visible markers or gauges shall be installed and maintained to mark the level of
waste in each lagoon. The waste level in each lagoon shall be monitored and recorded
daily.
3. An automated rain gauge and recorder must be kept on site to measure and record all
rainfall events. This equipment must be properly maintained and calibrated in a manner
consistent with manufacturer's operation and maintenance recommendations. This
automated equipment must be in place no later than 90 days following, the issuance of this
permit.
If an automated rain gauge(s) becomes inoperable, the permittee shall:
a. make any needed repairs +_ A- __­. ­:^1A­ - I- -A
"AA�y repairs a tv Lilk- equipment as quickly as possible, allu
b. take and record all rainfall events until such time as the automated equipment
is placed back into operation.
:11

NPDES Permit Number NCO086614
4. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of
tbesetests shall be maintained on file by the Permittee for a minimum of three years and
shall be made available to the Division or EPA upon request.
5. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This
analysis shall include the following parameters:
Nitrogen Zinc
Phosphorous Copper
6. The Permittee shall record all of the information required for completion of an IRR-I
Form and an IRR-2 Form for all irrigation and land application event(s) including
hydraulic loading rates, nutrient loading rates and cropping information, The Permittee
shall also record removal of solids and document nutrient loading rates if disposed onsite
or record the off -site locatio'n(s).
7. A record shall be created of each inter -lagoon transfer. Such record shall include at least
the identity of the lagoon from which the waste was transferred, the identity of the lagoon
receiving the waste, the date and time of transfer and the total volume of waste
transferred.
8. - If, for any reason, there is a discharge from the animal waste and process wastewater
collection, treatment, storage and application systems (including the land application
sites), to waters of the United States, the ne'rMittee is required to make notification in
accordance with Condition 111. 11. The discharge notification shall include the following
information:
a. Description of the discharge: A description and cause of the discharge,
including a description of the flow path tothereceiving water body. Also, an
estimation of the volume discharged.
b. Time of the discharge: The period of discharge, including exact dates and
times, ­14 Ir L W , L11 Ll I I Uj I I not correcte c an+ cipated 'time the discharge expecte to
11.11�0 "]1.-& 11 L
continue, and steps being taken to reduce, eliminate and prevent recurrence of
the discharge.
c. Cause of the discharge: If caused by a precipitation event(s), information from
the onsite rain gauge concerning the size of the precipitation event.
d. Analysis of the waste: A copy of the last waste analysis conducted as required
by Condition 111. 5. above.
9. In the event of any overflow or other discharge from the animal waste and process
wastewater collection, treatment, storage and application systems (including the land
application sites), the following actions must be taken:
a. Analysis of the discharge: All overflows or other discharges must be sampled
and analyzed. Samples must be, at a minimum, be analyzed for the following
parameters: fecal coliform bacteria; five-day biochemical oxygen demand
(BOD,); total suspended solids (TSS); total phosphorus as phosphorus;
dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TIN as
nitrogen; nitrate; pH; and temperature.

NPDES Permit Number NCO086614
b. Sampling procedures: Samples shall consist of grab samples collected from
the over -flow or discharge.A minimum of one sample shall be collected from
the initial discharge (within 30 minutes). The sample shall be collected and
analyzed in accordance with EPA approved methods for water analysis listed
in 40 CFR 136. Samples collected for the purpose of monitoring shall be
representative of the monitored discharge. Monitoring results must be
submitted to Division within 30 days.
c. Reasons for not sampling: if conditions are not safe for sampling, the
permittee must provide documentation as why samples could not be collected.
For example, the permittee may be unable to collect samples during dangerous
weather conditions (such as local flooding, high winds, hurricane, tornadoes,
electrical storms, etc.). However, once dangerous conditions have passed, the
permittee shall collect a sample from the retention structure (pond or lagoon).
All records required by this permit and the facility's CAWMP, including but not limited
to soil and waste analysis, rain gauge readings, freeboard levels, -irrigation and land
application event(s), cropping information and removal of solids to an off -site location(s)
records, shall be maintained by the Permittee in chronological and legible form for a
minimum of three years. These records shall be maintained on forms provided or
approved by the Division and shall be readily available for inspection. The permittee
shall also furnish to the Division or EPA upon request, copies of records required to be
kept by this permit,
Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to waters of the United States.
b. Any failure of the animal waste and process wastewater treatment and disposal
system that renders the facility incapable of adequately receiving, treating or storing
tht- animal tunctp nrnrPcc ametpurnfo-r nnd/nr chidup
c. A spill or discharge from a vehicle transporting animal waste, process wastewater or
sludge to the land application field which results in, a discharge to 'Waters of the
United States or an event that poses a serious threat to waters of the United States.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment.
e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
. required in Condition VI (3) of this Permit.
f. Overapplying animal waste or process wastewater either in excess of the limits set out
in the CAWMP or where runoff enters waters of the United States.
g. Any discharge to waters of the United States or that poses a serious threat to the
environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within 5 calendar days following first knowledge of the occurrence. This report shall
outline the actions taken or proposed to be taken to correct the problem and to ensure
that the problem does not recur. The requirement to file a written report may not be
waived by the Division Regional Office.
0

NPDES Permit Number NCO086614
12. Within 20 days of the close of each calendar quarter, the Permittee shall submit IRR-1
Forms, IRR-2 Forms and lagoon and rainfall readings for the quarter to the DWQ central
and regional office, I
An annual certification report shall be filed with the Division by March I of each year for
the previous year's activities on forms provided by the Division certifying the facility was
in compliance with the terms of this permit and the CAWMP. If the facility was not in
compliance, the annual certification must be used to summarize all the violations during
the previous year and explain the current compliance status of the facility,
13. In the event of a discharge of 1,000 gallons or more of animal waste to the s , urface waters
of the State, the permittee must issue a press release to all print and electronic news
media that provide general coverage in Sampson County setting out the details of the
discharge. The press release ' must be issued within 48 hours after it is determined that the
discharge has reached the surface waters of the State. A copy of the press release and a
list of the news media to which it was distributed must be kept for at least one year after
the discharge and must be distributed to any person upon request,
14. In the event of a discharge of 15,000 gallons or more of animal waste to the surface
waters of the state, a public notice -is required in addition to the press release described
above. The public notice must be placed- in a newspaper having general circulation in
Sampson County and the county immediately downstream within 10 days of the
discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface
waters, the DWQ regional office must be contacted to determine in what additional
counties, if any, a public notice must be published. A copy of all public notices and proof
of publication must be sent to the DWQ within 30 days of the discharge. The minimum
content of the notice is the location of the discharge, estimated volume, water body
affected, steps taken to prevent future discharges and a phone number and contact name.
I Groundwater quality monitoring of all drinking water wells located on the facility and of
all adjoining property owner's shall be conducted on a quarterly basis for nitrate (NO,),
total ammonia and chloride. The results of these samples must be submitted on Form
GW-59 (Groundwater Quality Monitoring: Compliance Report Form) to the Department
of Environment and Natural Resources, Division of Water Quality, Groundwater Section,
Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 on or
before the last working day of the month following the collection of the samples.
2. If violation of any groundwater standard is shown by the sampling in any drinking water
well located on neighboring property, the permittee will (1) immediately provide that
resident with a safe and adequate supply of water for drinking and household use; (2)
begin quarterly monitoring of the next neighboring down gradient drinking water wells
and provide such properties with an alternative water supply as provided in this paragraph
if violation of any groundwater standard is shown; and (3) submit within thirty (30) days
to the Division a plan for assessing the nature and extent of the contamination (including
groundwater monitoring wells) and propose measures for protecting human health and
the environment consistent. with applicable State standards. Upon approval by the
Division, the Permittee shall immediately implement the plan.
V. 1NS-PVrT1AV4Z A Vn VVTlDV
. . -4 , h ,[ I - AJ& I A Alk A
The permittee shall allow an authorized representative of the Department or EPA, upon the
presentation of credentials and other documents as may be required by law, to:
7

NPDES Permit Number NCO086614 '
aN C t� V L'nter titc permittec's premises where a regulated facility 0r1'-aC't1­ity 1-�­.'_ iocatcd
or conducted, or where records must be kept under the conditions of this
permit,
b) Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
c) Inspect, at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit, and
d) Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance or as otherwise authorized by the Act, any substances or
parameters at any location.
VL GENERAL CONDITIONS
I The issuance this permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water and groundwater quality standards or for
damages to surface waters or ground waters resulting from the animal operation.
2. The Permittee shall designate a certified animal waste management system operator to be
in charge (OIC) of the animal waste management system. The animal waste management
zn�
system shall be operated by the OIC or a person under the OIC's supervision.
3. shall not exceed that - nx�ifleri lit -
The maximum waste level in lagoons/storage ponds, ----- - in t­
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-year, 24-hour storm
event plus an additional I foot of structural freeboard except -that there shall be no
violation of this condition if (1) there is a storm event greater than a 25-year, 24-hour
event, (2) the Permittee is in compliance with its CAWMP, and (3) there is at least 1 foot
of structural freebdard.
Within 30 days of the issuance of this permit, the Permittee shall develop and submit to
the DWcentral and regional office a Plan ofrA fI--
1 UA C s C ri b 11-12 the measures that will be
taken by the Permittee to reduce as expeditiously as possible the waste level in any
lagoon when the freeboard is less than 19 inches. Upon measuring a freeboard level of
less than 19 inches and 19 inches or more of freeboard cannot be obtained within 24
hours by, pumping the waste to another lagoon, the Permittee shall immediately
implement its Plan of Action and notify the Division in writing within 24 hours
thereafter. Such notification is in addition to the notification required under Condition III
(I 1)(e) of this Permit. The Permittee shall submit weekly progress reports to the Division
until the lagoon has at least 19 inches of freeboard.
4. The Division may require any additional monitoring (including but not limited to
groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to
determine the source, quantity, quality, and effect of such waste upon the waters of the
State. Such monitoring, including its scope, frequency, duration and any sampling,
testing, and reporting systems, shall meet all applicable Environmental Management
Commission requirements.
5. Any containment basin, such as a lagoon or storage pond, used for animal waste
management shall continue to be subject to the conditions and requirements of this permit
after closure of the animal feeding operation or non-use or abandonment of said

.. ; 1, NPDES Pert -nit Number NCO086614
containment basis. Closure of a containmentbasin, in accordance with the "Natural
Resource Conservation Service (NRCS) North Carolina Interim Standard for Closure of
Abandoned Waste Facilities," January 1997 or any subsequent amendment, will cause
said containment basin to no longer be subject to the requirements of this permit or the
Clean Water Act, The permittee must submit a letter to the Division to request
inactivation of the NPDES permit Coverage by providing documentation describing the
procedures taken to close any containment basin. Closure shall also include notifying the
Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report
Form to Water Quality Section, Non -Discharge Branch within 15 days of completion of
closure.
6. This permit allows for the distribution of manure tip to 4 cubic yards per visit to
individuals for personal use.
7. The issuance this permit does not excuse the Permittee from the, obligation to comply
with all applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor
does issuance of this permit convey any property rights in either real or personal property.
8. The annual pen -nit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for
revocation of this Permit.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are required in the CAWMP, shall constitute grounds for revocation of
this Permit.
10. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its
merits and may or may not be approved.
11. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data. The Permittee shall notify the Division
immediately or any applicable information not provided in the permit application.
12. If the permittee wishes to continue an activity regulated by this pen -nit after the expiration
date of this permit, the permittee must apply for and obtain a new permit. Renewal
annfications must he filed nt least 190 dnv-, nrinr to the exniration of the nermit-
13. The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules; and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .6100; and North Carolina General Statute 143 -215.1 et. al.
VII. PENALTIES
1. Failure to abide by the conditions and limitations contained in this permit; the facility's
CAWMP; or the Clean'Water Act, and its implementing regulations, may subject the
Permittee to an enforcement action by the Division or EPA in accordance with North
Carolina General Statutes including the modification of the animal waste management
system, civil penalties, criminal penalties and injunctive relief.
M

NPDES Pen -nit Number NC0086614
The Clean Water Act and 40 CFR Part 122.41 provide that any person who violates a
permit condition is subject to civil penalties and administrative penalties. In addition
criminal penalties including imprisonment are provided for falsifying data, knowingly
violating a pen -nit condition, or for negligence,
2. , The permittee must comply with all conditions of this pen -nit. Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt, or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
VIII. STANDARD PERMIT CONDITIONS
A. General Conditions
I Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this
permit incorporates by reference ALL conditions and requirements applicable to NPDES
Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as
well as ALL applicable regulations,
2. Duty to Comply: The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds for enforcement
action; for permit termination, revocation, and reissuance; and/or for denial of a permit
renewal application.
3. Toxic pollutants: The permittee shall comply with effluent standards and prohibitions
established under section 307(a) of the Act for toxic pollutants within the time provided
in the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
Permit ni-flr%nQTh;e nf-rt";t }Mai, 1, -,^r1,rf0A -^t—A —A +CA
�" "Ll" re —sued, or termina for
J 4�taa U L I L U
cause. The filing of a request for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
5. Property rights: The issuance of this permit does not convey any property rights of any
sort; or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State/Tribal or local
laws or regulations.
6, Duty to provide information: The permittee shall furnish to the Director, - within a
reasonable time, any information which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with this permit. The permittee shall also furnish to the Director,
upon request, copies of records required to be kept by this permit.
7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false or materially
misleading representation or concealment of information required to be reported by the
provisions of the permit, the Act, or applicable regulations, which avoids or effectively

NPDES Permit Number NCO086614
defe-ats the regulatony purpose of the Permut may subject the Pcrmittcc to criminal
enforcement pursuant to 18 U.S.C. Section 1001.
8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of
any legal action or relieve the permittee from any responsibilities, liabilities, or penalties
established pursuant to any applicable State/Tribal law or regulation under authority
preserved by Section 510 of the Act.
9. Severability: The provisions of this permit are severable, and if any provision of this
pen -nit or the application of any provision of this permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
B. Proper {Operation -and Maintenance
1. Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an
enforcement action to plead that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment.
Proper operation and maintenance: The permittee shall, at all times, properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the permittee to achieve compliance with the conditions of
this permit. Proper operation and maintenance includes the operation of backup Or
auxiliary facilities or similar systems only when necessary to achieve compliance with the
conditions of the permit.
C. Monitoring and Records
1. Representative sampling: Samples and measurements taken'for the purpose of monitoring
shall be representative of the monitored activity.
2. Retention of records: The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original strip chart recordings
for continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of at
least three years from the date of the sample, measurement, report, or application. This
period may be extended by request of the Director at any time.
3. Record content: Records of monitoring information shall include:
a-. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses Were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f The results of such analyses.
4. Monitoring procedures:
a. Monitoring must be conducted according to test procedures approved under 40
CFR Part 136, unless other test procedures have been specified in this permit
or approved by the Director.

NPDES Permit Number NC0086614
b. The permittee shall calibrate and perform maintenance procedures on all
monitoring and analytical instruments at intervals frequent enough to insure
accuracy of measurements and shall maintain appropriate records of such
activities. . I
c. An adequate analytical quality control program, including the analyses of
sufficient standards, spikes, and duplicate samples to insure the accuracy of all
required analytical results shall be maintained by the permittee or designated
commercial laboratory.
D. `
nepo I L I n ng m Requireents
LI
Anticipated Noncompliance: The permittee
any planned changes in the permitted
noncompliance with permit requirements;
shall give advance notice to the Division of
facility or activity which may result in
2. Other information: Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect information in a pen -nit
application or in any report to the Division, it shall promptly submit such facts or
information to Division.
E. Signatory requirements
All applications, reports, or information submitted to the Division shall be signed and certified as
follows:
1. All permit applications shall be signed as follows:
For a corporation: By a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:.
i. A president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who
performs similar policy or decision -making functions for the
corporation; or,
ii. The manager of one or more manufacturing, production, or operating
facilities employing more than 250 persons or having gross annual
qnh-q nr i-Yni-nrFtiirP,, _X . P ceeding $25 m.illion (in second-n11uckm-r IORn
...... -1-A .1-
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
b. For a partnership or sole proprietorship: By a general partner for a partnership
or the proprietor, respectfully.
c. By the co-permittee.
2. All reports required by the permit and other information requested by the Division or
EPA shall be signed by a person described above or by a duly authorized representative
of that person. A person is a duly authorized representative only if -
a) The authorization is made in writing by a person described above;
b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or any individual or
position having overall responsibility for environmental matters for the
company. A duly authorized representative may thus be either a named
individual or an individual occupying a named position; and,

., 'N ", NPDES Permit Number NCO086614
c) The written authorization is submitted to the Division.
F. Certification
Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to 'assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing viola inns
IX. DEFINITIONS
25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper
Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or
equivalent regional or state rainfall probability information developed therefrom.
Agronomic rates means the amount of animal waste or compost to be land applied to lands as contained
in the nutrient management standard of the USDA Soil Conservation Service Technical Guide Section
IV or as recommended by the, North Carolina Department of Agriculture and the North Carolina
Cooperative Extension Service at the time of certification of the animal waste management plan.
Animal feeding operation means a lot or facility (other than an aquatic animal production facility)
where the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will
be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and
(ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing
season over any portion of the lot or facility. Two or more animal feeding operations under common
ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use
a common area or system for the disposal of wastes.'
Ground water means any subsurface waters.
Land application means the application of wastewater and waste solids onto or incorporation into the
Soil.
Process wastewater means any process -generated wastewater and any precipitation (rain or snow)
which comes into contact with any manure, litter or bedding, or any other raw material or intermediate
or final material or product used in or resulting from the production of animal or poultry or direct
products (e.g. milk, eggs).
Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot
for any of the following: spillage or overflow from animal or poultry watering systems; washing,
cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming,
washing or spray cooling of animals, and dust control.
The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as
amended, found at 333 USC 1251 et seq.
Toxic pollutants means any pollutant listed as toxic under Section 3 )07(a)(1) of the Act.
13

NPDES Permit Number NC0086614
Waters of the United States means: (1) all waters that are currently used, were used in the past, or may
be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb
and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as
intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa takes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign commerce including any such waters: which
are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish
or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be
used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters
otherwise deified as waters of the 'U.S.; (5) tributaries of waters identified in (F) through (4) of this
definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in items (1) through (6) of this definition.
This Permit issued the 19" day of March 2001.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
*�NFIAT " 1� ES P�
Iermit N'timber NCO086614
14

UNITED STATES DISTRICT CO
ERN DISTRICT OF NORTH CA
SOUTHERN DIVISION
AMERI(j& , 'A SSOCIATION,
INIC.0 .
Plaintiffs,
DATED STATES OF AMERICA,
Plaintiff/Intervenor,
km
MURPHY FARMS, INC., d/b/a
MURPHY FAMILY FARMS and D.M.
FARMS OF ROSE HILL, L.L.C.,
I off, MIT,
2RT Now
RC
2 ;20W 001
DAVIT) .DA:N RK
US ISTRICT CO
um
E ST. N. CAROLINA
Civil Action Nos.
7-98-CV-4-F(1)
7-98-CV-19-F(1)
5-98-CV-209-F(1)
CONSENT DECREE
I
967
RECE-1 V.E—D
Nov 15 2001
NIL, ATTORNEY GENERAL
r)h1jpjon

TABLE OF CONTENTS
I.
Background...........................................................................................
1
II.
Jurisdiction and Venue............................................................................
3
III.
Definitions..............................................................................................
3
IV.
General Provisions...................................................................................
5
V.
Civil Penalty............................................................................................
6
VI.
Work to be Performed............................................................................
6
VII,
Stipulated Penalties..................................................................................
12
VIII.
Information Gathering..............................................................................
15
IX.
Dispute Resolution.................................................................................
16
X.
Force Majeure........................................................................................
17
XI.
Claims Resolved in the Settlement............................................................
20
XI1.
Form of Notice.......................................................................................
20
XIII.
Enforcement of this Consent Decree........................................................
22
XIV.
Termination.:...........................................................................................
23
XV.
Costs of Suit............................................................................................
23
XVI.
Effective Date.........................................................................................
23
XVIL
Retention of Jurisdiction ....................
23
XVIII.
Modification....................................................................................:......
24
XIX.
Lodging and Opportunity for Public Comment .........................................
24
XX.
Signatories/Service.................................................................................
25

A. This case began as a citizen suit brought under Section 505 of the Federal Water Pollution
Control Act, 33U.S.C. § 1355, by the American Canoe Association, Inc., the Professional Paddlesports
Association, and the Conservation Council ofNorth Carolina (collectively, the "Citizen Plaintiffs"). The
United States of America, on behalfof the United States Environmental Protection Agency ("EPA"),
subsequently intervened as a plaintiff. The defendants in this action are Murphy Farms, Inc., d/b/a Murphy
Family Farms, and D.M. Farms of Rose Hill, L.L.C. ("D.M. Farms")
B. In its complaint and amended complaint, the United States a] leged that defendants discharged
pollutants to waters of the United States from a large-scale swine operation in Sampson County, North
Carolina. The defendants denied the allegations. The United States sought penalties and injunctive relief
for these violations.
C. In December 1998, the district court granted the Citizen Plaintiffs' motion for partial
summary judgment and granted in part the motion for a preliminary injunction. The United States joined
inthose motions. The district court found that the defendants unlawfully discharged swine waste from the
Magnolia 4 Sow Farm ("Mag 4") into navigable waters of the United States in November 1996 and July
1997. The district court also ordered the defendants to apply to the State ofNorth Carolina for a National
Pollutant Discharge Elimination System (NPDES") permit covering Mag 4. D.M. Farms submitted an
application on December 31, 1998. The defendants filed a notice of appeal of the district court's
December 1998 Order in the Court of Appeals for the Fourth Circuit on January 15, 1999.
D. On January 20,1999, the Citizen Plaintiffs moved the district court to require the defendants
to submit anNPDES permit application covering Mag 4 and four other farms known as Melville 1 &2,
Dell, and Section 1 Site 4. The United States joined in the motion. On May 4,1999, the district court

issued a written order granting the motion. D.M. Farms submitted an NPDES permit application for all
E. Defendants' appeal was dismissed in part and remanded in part on the question ofmootness
by the Court of Appeals for the. Fourth Circuit on March 2201, 2000.
F. On June 21,2000, the State ofNorth Carolina issued an NPDES permit covering the five
farms. D.M. Farms and Citizen Plaintiffs appealed the permit. The appeal was settled and a final, effective
NPDES permit for the five farms was issued on March 19, 2001.
G. Defendants challenge Citizen Plaintiffs' right to any relief and their claim for litigation costs.
Defendants filed a Motion for Reconsideration of Declaratory Judgment on Standing (filed March 6,
200 ])(hereinafter "Defendants' Standing Motion") and aMotion for Summary Judgment against Citizen
t; II
Plain fFQl—ndert-],--/---l.l.altn.-vTes+,(fi'jc-u'i'-v4Larch5.2001)'-.1-r-Z:LI-IL-U'tt-:-r-"IDet'-en(iants'(--TwaltneyMofion"-.)."
MMIM.7111111rarl" ZIIIII 11
MI WIRIVII 1 11111,111 MR M., UM Mia i'MRIM1.1
until Defendants' Standing and Gwaltney Motions have been finally adjudicated, including any appeals.
Defendants and Citizen Plaintiffs have agreed to a procedure for the resolution ofthose issues and to a
Consent Order and Protocol that resolves all other issues on the merits in the event that the standing and
Gwaltney issues are ultimately resolved in Citizen Plaintiffs' favor. A copy of the Consent Order and
23M
H. The parties to this Consent Decree recognize, and the Court finds, that this Consent Decree
has been negotiated by the United States, the Citizen Plaintiffs, and the defendants in good faith, that
VGwaltney refers to Gwaltney of Smithfield, Ltd v. Chesapeake Bay Foundation, 484 U.S. 49
(1987).
M

implementation of this Consent Decree will avoid prolonged and complicated litigation between the parties,
--and that this Consent Decree is fair, reasonable, and in the public interest.
NOW, THEREFORE, it is hereby Ordered, Adjudged, and Decreed:
TT 17VMTTE . JURISDICTION AND. T�
1. This Court has j urisdiction over the subject matter ofthis action pursuant to 28 U.S.C.§§ 1331,-
1345,and 1355,and 33 U.S.C. §§ 1311 and 1319(b). This Court also has personal jurisdiction over the
defendants. Solely for the purposes ofthis Consent Decree and the United States' amended complaint,
defendants waive all objections and defenses that they may have to j urisdiction of the Court or to venue
in this District. Defendants shall not challenge the terms ofthis Consent Decree or this Court'sjurisdiction
to enter and enforce this Consent Decree.
2. For purposes ofthis Consent Decree only, the parties agree that the United States' amended
complaint states all the elements of a claim upon which relief may be granted against the defendants.
3. Defendants, by entering into this Consent Decree, do not admit any liability arising out ofthe
transactions or occurrences alleged in the pleadings and motions.
4. This Consent Decree shall not affect the parties' rights against any person or entity not a party
to this Consent Decree. No person or entity other than the parties shall have authority to enforce the terms
ofthis Consent Decree, except as provided in the Consent Order and Protocol between defendants and
Citizen Plaintiffs.
M. DEFINITIONS
5. Unless otherwise expressly provided herein, terms used in this Consent Decree which are
defined in the Clean Water Act or in regulations promulgated under the Clean Water Act shall have the
-3-
a

meaning assigned to them in the Clean Water Actor in such regulations. Whenever terms listed below are
--t-sed in this Consent Decree, the following definitions shall apply:
(a) TAWMP" shall mean the Certified Animal Waste Management Plan for the Five
(b) "Citizen Plaintiffs" shall mean the American Canoe Association, Inc.; Professional
Paddlesports Association; and the Conservation Council of North Carolina, Inc.
(c) "Day" shall mean a calendar day unless expressly stated to be a working day. "Working
day" shall mean a day other than a Saturday, Sunday, or federal holiday. In computing any period of time
under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the
period shall run until the close of business of the next working day.
(d) "Five Farms" shall mean the Mag,4, Melville I & 2, Dell, and Section I Site 4 farms,
as well as any sprayfields, lagoons, and other areas located outside the geographical boundaries of those
farms that are covered by the CAWMP.
(e) "The NPDES permit" shall mean the National Pollutant Discharge Elimination System
permit issued for the Five Fauns on March 19,2001, and any NPDES permits for the Five Farms that may
later be in effect.
numeral.
(f) "Operator" shall mean a person who operates one or more of the Five Farms.
(g) "Paragraph" shall mean a portion of this Consent Decree identified by an Arabic
(h) "Parties" shall mean the United States ofAmerica, Murphy Farms, Inc., and D.M.
Farms of Rose Hill, L.L.C. The term "Parties" shall include.Citizen Plaintiffs in the event that they become
ME

Parties pursuant to the Consent Order and Protocol between Citizen Plaintiffs and the defendants.
(i) "Person" shall mean an individual, corporation, partnership, association, State,
municipality, commission, or political subdivision of a State, or any interstate body.
0) "Section"' shall mean a portion ofthis Consent Decree identified by a roman numeral.
(k) "Soil Test Report" shall mean the report prepared by the Agronomic Division of the
North Carolina Department of Agriculture that contains the Standard Soil Fertility Analysis required by the
NPDES permit and the soil test required by the CAWMP.
0) "Sprayfield" shall mean a field where wastewater may be applied under the CAWNT,
as depicted on the map attached as Appendix 2, as well as any field lawfully added to the CAWMP
following lodging of this Consent Decree, unless expressly identified otherwise in Paragraph 16 below.
(m) "State" shall mean the State of North Carolina.
UMIMO��f
. I 111111�111111 ill�illilill 11 11111pi I
A 91 M# M M# ron t IMM ; ! 111iiiIiII11111 I � IMM
under this Consent Decree shall be performed in accordance with the requirements ofapplicable federal
and state laws and regulations. During the life of the Consent Decree, D.M. Farms shall be responsible
for giving notice of this Consent Decree and its terms to all successors, s as0 , agents, agents, em �ployees,and
contractors with responsibility for waste management at the Five Farms, as well as to all persons who
operate the Five Farms, and for ensuring compliance by such persons and entities with the terms ofthe
Consent Decree.
7. Permits. This Consent Decree is not, and shall not be construed to be, a permit or modification
of a permit issued pursuant to any federal or state law. .
M

V. CIVIL PENALTY
8. The parties agree that a civil penalty of $72,000 has been placed in a court registry account
pursuant to an order ofthis Court. Within 10 days after entry ofthis Consent Decree, the Clerk of Court
is directed to disburse that amount to the United States, together with any accrued interest. No civil penalty
paid under this paragraph shall be tax deductible.
9. D.M. Farms and any Operator shall comply with all terms of the NPDES permit and the
CAWMP. In the event that D.M. Farms revises the CAVVW or the Waste Utilization Plan, D.M. Farms
shall provide a copy ofthose revisions to EPA and the Un;tf-li States at the same a copy is first sent
copy 'Y xa first sent
to the State.
10. Within thirty days (30) after entry ofthis Consent Decree, D.M. Farms and any Operator shall
erect and maintain a marker in each sprayfield at the point furthest from each hydrant where wastewater
can lawfully be sprayed under the CAWMP. The top 12 inches of each marker shall be orange. D.M.
Farms and any Operator shall notify EPA in writing within five (5) days oferecting the markers or within
15 days of entry ofthis Consent Decree, whichever is later. The marker shall be located so that a straight,
imaginary line could be drawn from the hydrant, along the entire length of the pull authorized in the
CAWMP, to the marker. The marker shall be clearly visible in daylight hours to a person standing or
seated on a tractor at the hydrant or spraygun. The purpose ofthis marker is to distinguish the boundary
of the sprayfield and to assist in aligning the spray gun during a pull. The marker may be removed
temporarily when necessary to mow, plant, or cultivate a sprayfield. However, wastewater may not be
applied to the sprayfield when the marker is not in place.
in

11. Within thirty days Q )0) after entry of this Consent Decree, D.M. Farms and any Operator shall
prepare and implement a written standard operating procedure (SOP) pertaining to the inspection,
operation, and maintenance of sprayfields and equipment used in managing wastewater, including but not
limited to irrigation pumps, spray guns, reels; lagoon gauges, rain gauges, rain shut-off devices, rain
recorders, and flow monitoring equipment. D.M. Farms and any Operator shall notify EPA in writing
within five (5) days ofmeeting this obligation or within 15 days ofentry of this Consent Decree, whichever
is later. The SOP shall be translated into all languages necessary to ensure that it is understandable by all
persons whose responsibilities are covered by the SOP. The SOP shall be revised as necessary, and shall
be designed to ensure compliance with the NPDES permit and CAWNT. The SOP and all subsequent
revisions shall contain a chart describing for each sprayfield the length ofthe pull, the application rate, and
the angle of trajectory approved in the CAWMP. The SOP shall be sent to EPA within thirty days after
entry of this Consent Decree.
by the SOP on the SOP's requirements within forty-five (45) days after entry of this Consent Decree or
before such person(s) is assigned any responsibilities covered by the SOP. D.M. Farms and any Operator
shall notify EPA within fifteen (15) days ofmeeting this initial training obligation or within 15 days of entry
ofthis Consent Decree, whichever is later. An untrained employee shall not be assigned any responsibilities
covered by the SOP until he or she has been trained on the SOP's requirements. All such training shall
be documented by recording for each person trained the date of each training session and the subjects
covered in the training session. Documents required by this paragraph shall be retained for at least three
years from the date of training or until termination of the Consent Decree, whichever is later.
-7-

13. Within thirty (3 )0) days after entry ofthis Consent Decree, D.M. Farms and any Operator shall
'Tilkall a weatherproofbox on each spray reel in use at the Five Farms. D.M. Farms and any Operator shall
notify EPA within five (5) days oftneeting this obligation. A weatherproof box shall be installed on each
I new spray reel prior to its use at the Five Farms. in order to ensure that the SOP and a diagram of spray
patterns can be easily accessed at all times by every person responsible for applying waste, D.M. Farms
and any Operator shall keep a complete, current copy of the SOP and a laminated copy of the map
showing the spray irrigation pattern for each sprayfield in each weatherproof box at all times after
installation of the box. Both the copy of the SOP and the map shall be in good condition.
14. After entry ofthis Consent Decree, D.M. Farms and any Operator shall plant C crops on the
spr-ayfields at the Five Farms in a pattern that is parallel to the contour ofthe sprayfield unless D.M. Farms
and any Operator can demonstrate that planting in this manner is impracticable due to the crop,,the
equipment being used, and the contour of the sprayfield. In those sprayfields where it is impracticable due
to the crop, equipment being used, and the contour of the sprayfield to plant the entire sprayfield in a
pattern that is parallel to the contour, D.M. Farms and any Operator, with the equipment used to cultivate
the field, shall: (a) make two adjacent passes of the planter within the sprayfield running perpendicular to
the slope at the lowest end of the sprayfield, or (b) in fields where the contour of the sprayfield moves in
low end of the sprayfield.
15. Within 60 days of the entry ofthis Decree, D.M. Farms and any Operator shall: (1) remove
the metal culvert that leads from sprayfield 22 to the adjacent stream; (2) regrade the area to eliminate the
berm through which the culvert passed and to promote dispersion of stormwater across the vegetation and
IM

rip rap installed pursuant to this paragraph; (3) install at least 15 feet of rip rap that runs parallel to the
'gfiearn in the area ofthe former culvert and berm; and (4) install vegetation in the regraded area to serve
as a buffer. D.M. Farms and any Operator shall notify EPA in writing within fifteen days (15) days of
meeting these obligations or wid-u7n 15 5 days of entry of this Consent Decree, whichever is later.
16, D.M. Farms and any Operator shall not allow waste to reach the surface of the areas that are
both described below and identified by shading on the map attached as Appendix 2:
(1) The acres served by former risers 334 and 335 in former sprayfield 1;
(2) The section of former sprayfield 6 that was removed from the Waste
Utilization Plan following the July 10, 1997, discharge;
(3) The northern section of former sprayfield 3;
(4) The eastern segment of former sprayfield 11 that was served by routine
No
(5) Fortner sprayfield 10 in its entirety;
(6) Approximately fifty feet from the northern section offormer sprayfield 8;
(7) The area served by former. riser 270 in former sprayfield 7; and
A 0 1
Thea-reaservedb,-L-nner.-;.-e--.-s235ar,.,�4'�,QUC-U-IU.-, tcurre,-tly cover e ud
by new risers 33 and 34a in former sprayfield 12.
This paragraph is not intended to prohibit the movement of waste caused solely by stormwater runoff, when
that waste was applied in compliance with the NPDES permit and the CAWMP.
17. Within five (5) days after entry of this Consent Decree, D.M. Farms and any Operator shall
remove all cattle and other foraging livestock (except swine) from the Five Farms. Thereafter, D.M. Farms
In

and any Operator shall not bring any cattle or other foraging livestock (except swine) onto the Five Farms.
18. The defendants represent that lime has been applied to the sprayfields in accordance with the
.."i
recommendation of the Agronomic Division oftheNorth Carolina Department ofAgriculture (hereinafter
"Agronomic Division") in theNovember 6,2000 Soil Test Report. Within 60 days of the entry of this
Consent Decree, D.M. Farms and any Operator shall take soil samples from all sprayfields at the Five
Farms and submit them to the Agronomic Division for analysis. Within 60 days of receiving Soil Test
Reports analyzing these samples, D.M. Farms and any Operator shall apply lime in the amount
recommended by the Agronomic Division to each sprayfield for which the Agronomic Division
recommended the addition of lime, provided that the amount recommended exceeds 0.5 tons per acre.
D.M. Farms and any Operator shall notify EPA in writing within five (5) days of meeting this initial
obligation. Thereafter, within 60 days of receipt of a Soil Test Report, the amount oflime recommended
by the Agronomic Division in the report shall be added to the applicable sprayfield(s), provided that the
amount recommended exceeds 0.5 tons per acre. In the event that the amount of lime recommended for
afield in any Soil Test Report exceeds one ton per acre, D.M. Farms and any Operator shall apply no less ..
`Chan one ton per acre and no more than two tons per acre within 60 days of the receipt of the Soil Test
Report, and the remainder shall be applied one year later. In the event that the amount of lime
amount exceeds one ton per acre, D.M. Farms and any Operator shall apply no less than one ton per acre
shall be applied one year later. Neither D.M, Farms nor any Operator shall take any action intended to
cause the Agronomic Division to fail or forego making a recommendation as to the amount of lime to be
still

added to adjust the pH of the soil.
19. D.M. Farms and any Operator shall require employees performing spray irrigation on
sprayfields 16 and 48 to set the pump timer so that the pump shuts off at least 15 minutes before the spray
n eM1% r" A 11 rk M
r an MA ­� "�Al� ALAU01. U%, UUJ L&DL%.Upursuant to the Ct% W Ivir and SOP and the map Sh Owing the spray
irrigation pattern for each sprayfield. Timers on the pump(s) used to irrigate sprayfields; 16 and 48 shall
be marked in I 5-minute increments to facilitate compliance with this requirement. The SOP shall identify
all information necessary to complete each spray pattern for sprayfields 16 and 48.
20. D.NL Farms and any Operator shall maintain at least a 60-foot vegetative buffer between the
stream and the outermost edge ofthe arc for the spray pattern where wastewater can be lawfully applied
under the CAW N-V at sprayfield 17.
21. D.-M. Farms and any Operator shall not resume use of the computer database used to
.. III �1111� 1111111111 11 0 6 *1 111111 ''111 111111[11 !11111111 ip�1111111111
aj-99376-1,411MIM I III I IIII II I I I
any Operator shall employ a system that satisfies the recordkeeping requirements ofthe NPDES permit
and ensures that the data for the historic spray events is in no way modified when a parameter (e.g., field
acreage) is changed to reflect new operating conditions. D.M. Farms and any Operator shall not take any
action that results in modifying the data for any historic spray event when a parameter (e.g., field acreage)
is changed to reflect new operating conditions.
22. DAL Farms represents that it has moved all above -ground clean out pipes for pressurized
systems to belo%N- ground. Such pipes shall remain below ground.
23. In the event of a violation ofparagraphs 9 through 22, D.M. Farms and any Operator upon
discovery shall der--rmine the cause ofthe violation to the extent possible, and shall documentthe violation

within 10 days after discovery, To the extent possible, the document shall identify the number of days of
1311111i 111111111 1 ! 11 ptnliiiinrilspir I
D.M. Farms and any Operator shall retain the document until the Consent Decree is terminated.
InLormation recorded to Meet N.P.D -ES permit requiremen.t—s need not bee ove— —n—I x , —� —A -A +- — --+ +1, -
A LV UIV,
requirements of this paragraph,
VIL STIPULATED PENALTIES
24. Stipulated civil penalties shall be paid within thirty (30) days after receiving a written demand
from EPA. D.M. Farms and any Operator shall be jointly and severally liable for all stipulated penalties
9. Until expiration ofthe United States' right to enforce this Consent Decree, the United States may move
+ I
the Court f evil IU uie umite'States and
or an award olfc;W penal Lies 'or violations o-f-paragiaph 9. Inaddition,d TS, ,
EPA retain all rights to seek penalties or additional injunctive relief in this or another action under the CWA
or other federal statutes or regulations, including, but not limited to, criminal punishment under Section
309(c) ofthe Act, 33 U.S.C. § 1319(c). In such a proceeding, the Court may consider any penalties that
D.M. Farms has previously paid under this Section or paid to the State for the same violation.
25, DM Farms and any Operator shall be subject to the following stipulated penalties for violations
of paragraphs 10, 13,15,17,18,2 1, and 22, other than the obligation in those paragraphs to notify EPA:
Number of days of violation
I through 15
16 through 30
over 30
-12-
Penally Per Dgy, Per Violation
$ 500
$1,500.

To determine tht number of days of violation, each day on which a violation occurs shall be added to all
--other days on wlaich a violation ofparagraphs 10, 13,15,17,18,2 1, and 22 occurred during the previous
12 months. For example, a violation of paragraph 10 would be added to all violations ofparagraphs 10,
13, 15, 17, 18, 21, and 22 occurring during the previous .1 2 months.
26. D.M. Farms and any Operator shall be subject to the following stipulated penalties for
violations ofparagraphl4: $ 250 per cropper sprayfield per calendar year. A "crop" refers to a single
variety of plant, such as millet or rye.
III 111111111gli=FTIFIF IfIIIIIIIIII i
violations ofparagraphs 11, 12, 16, 19, and 20, other than the obligation in certain ofthese paragraphs to
notify EPA:
Number of days of violation
I through 15
16 through 30
Penalty Per Day, Per Violation
$1,000
To determine the number of days ofviolation, each day on which a violation occurs shall be added to all
other days during the previous 12 months on which a violation of the same Paragraph occurred. For
example, a violation of Paragraph 11 would be added to all other violations of Paragraph 11 during the
previous 12 months, but not to violations of Paragraph 12.
28. DM Farms and any Operator shall be subject to the following stipulated penalties for
violations of para=-,-.aph 23, and for violating the requirement in paragraphs 10 through 13, 15, and 18 to
notify EPA:
-13-

Number of days of violation Penaltv Per Dav, Per Violation
I through IS , $100
16 through 30 $ 150
over 30 $200.
A violation of paragraph 23 shall occur each time that DM Farms and/or any Operator fails to document
a violation of paragraphs 9 through 22 with all information required by paragraph 23 within 10 days after
11 Nil III
11111111111[1170!�, ".. RMINC. "M 1, 1 ; �, III
ofparagraph 23 on the date when DM Farms and/or any Operator discovered, or should have discovered
violation ofparagraph 23 shall cease to; accrue when the violation is completely documented and the
document has been retained in accordance.with paragraph 23. To determine the number of days of
violation, each day on which a violation occurs shall be added to all other days during the previous 12
months on which a violation of the notice requirements in paragraphs 10 - 13, 15 and 18 occurred, as well
as to any days on which a violation of paragraph 23 occurred.
29. Payment of stipulated civil penalties under this section shall be in addition to any other rights
or remedies which may be available to the United States or its agencies by reason ofa Laill—ire to
with the requirements of paragraphs 9 through 23 this Consent Decree. EPA may, in its sole and
unreviewable discretion, waive all or part of a stipulated penalty.
30. Stipulated civil penalties shall be paid to the United States by submitting a check payable to
"Treasurer, the United States ofAmerica," and tendering the check to the United States Attorney for the
Eastern District ofNorth Carolina. The current address for the United States'Attomey's office, Civil
M,

Division, is ' ) 10 New Bern Avenue, Suite 800, Federal Building, Raleigh, North Carolina 27601-146 1.
--.C-opies ofthe certified or cashier's check and the transmittal letter shall be sent simultaneously to the
following people:
M-WO
Chief Environmental Enforcement Section
United States Department of Justice
Post Office Box 7611
Washington, D.C. 20044-7611
Director, Water Management Division
United States Environmental Protection Agency
Region 4
61 For*-th Street, S.W.
Atlanta- Georgia 30303.
31. In the event that a stipulated penalty is not paid within 30 days of the written demand for
payment, the stipulated civil penalty shall be paid with interest from the original due date to the date of
payment, at the statutory judgment rate set forth at 28 U.S.C. § 1961 (a).
121LT—,%are-uest1-,theUnited 0 s,1 '- rid shall provide all non-pnviIeged information
11 -.7 State diederice dants
and documents reasonably calculated to lead to admissible evidence on the issue of compliance with the
Consent Decree. The United States may request information in any form allowed by the Federal Rules of
Civil Procedure interrogatories, depositions, document requests), and defendants shall respond as
provided for and in the time frames imposed by the Federal Rules ofCivil Procedure. The discovery rights
provided in this paragraph are in addition to any other rights available in this Consent Decree or other
9-33-. i�
-15-

33 ). Notwithstanding any provision of this Consent Decree, the United States and EPA hereby
--retain all oftheir information gathering and inspection authorities and rights, including enforcement actions
related thereto, under all applicable statutes or regulations.
��! -�-M MIMI
34. A party shall invoke the dispute resolution procedures ofthis section by notifying all other
parties in writing ofthe matter(s) in dispute and ofthe party's intention to resolve the dispute under this
section. The parties shall then attempt to resolve the dispute informally for a period ofthirty (30) calendar
days from the date ofthe notice. Notice shall be sent to EPA and the United States in accordance with
Section )GI of this Consent Decree. The period for informal negotiations may be, extended beyond thiit),
.1 --
(30) days by written agreement of the parties to the dispute. In the event that Citizen Plaintiffs become
parties to this Consent Decree and a dispute arises after the United States' right to enforce this Consent
Decree expires under Section MITI, then Paragraphs 35-37 shall not apply and any unresolved dispute shall
be submitted to the Court for resolution.
I I I 11�
111111"51 REV 11 � 11
EPA shall provide its position(s) on the issues in dispute. and the reasons therefor in writing to the
defendants. Unless and until overturned or modified by the Court, the defendants shall comply with EPA's
written position(s) on the issues in dispute.
36. The defendants may petition the Court to review EPA's position(s) by filing a motion with the
Courtmithin fifteen (15) days of receiving EPA's written position(s) on the issues in dispute. The petition
shall set forth the nature of the dispute with a proposal for its resolution. Within thirty (30) days of'receiving
a petition filed with the Court pursuant to this paragraph, any opposing party may file a response, which
9M

may include an alternate proposal for resolution of the dispute,
--ri 1 37. The invocation offortrial dispute resolution procedures under this Section shall not extend,
postpone or affect in any way any obligation of the defendants under this Consent Decree, unless EPA
agrees to the extension, postponement, or effect. Stipulated penalties with respect to the disputed matter
shall continue to accrue but payment shall be stayed pending resolution of the dispute. Notwithstanding
the stay of payment, stipulated penalties shall accrue from the first day of noncompliance with any
11 1 111 �111 1112111TI 111 I • . I
issue, stipulated penalties may be assessed and, if assessed, shall be paid as provided in Section VII
(Stipulated Penalties). In the event that the defendants do prevail on the disputed issue, stipulated penalties
shall not be assessed for the disputed obligation.
0 10
38, "Force Mai eure" for the purposes ofthis Consent Decree is defined as an event arising from
causes beyond the control of D.M. Farms and any Operator, or of any entity employed by D.M. Farms
the performance ofan obligation under this Consent Decree, despite their best efforts to fulfill the obligation.
The requirement that D.M. Farms and any Operator exercise "best efforts to fulfill the obligation" includes
using best efforts w anticipate any potential Force Majeure event and best efforts to address the effects of
any potential Force Majeure event (1) as it is occurring and (2) following the potential Force Majeure
event, such that d--iay is minimized to the greatest extent possible. Force Majeure does not include financial
inability to perform an obligation required by this Consent Decree. Notwithstanding any other provision
in this Consent Di Force Majeure is not a defense to compliance with obligations imposed by the
IN

Clean Water Act, federal regulations, or applicable permits, even when those obligations are incorporated
--onto this Consent Decree.
39. D.M. Farms and any Operator shall be deemed to know of any circumstance of which they,
or any entity controlled by them, knew or should have known.
40. When circumstances are occurring or have occurred which may delay the completion ofany
requirement ofthis Consent Decree, whether or not due to a Force Maj eure event, D.M. Farms and any
Operator shall so notify EPA in writing, with fifteen (15) days after they learn, or in the exercise of
reasonable diligence under the circumstances should have learned, of the delay or anticipated delay. The
notice shall describe in detail the basis for D.M. Farms and any Operator's contention that it experienced
a Force Majeure delay, the anticipated length of the delay, the precise cause or causes of the delay, the
measures taken or to be taken to prevent or minimize the delay, and the timetable by which those measures
will be implemented. Failure to so notify EPA shall constitute a waiver of any claim ofForce Majeure as
to the event in question. The terms of this paragraph do not apply, however, after expiration ofthe United
States* right to enforce this Consent Decree under Section XIII.
41. If EPA finds that a delay in performance is, or was, caused by a Force Majeure event, EPA
shall extend the time for performance, in writing, for a period to compensate for the delay resulting from
such event and stipulated penalties shall not be due for such period. In proceedings on any dispute
regarding a delay in performance, the dispute resolution provisions of Section IX shall apply, and D.M.
Farms and any Operator shall have the burden ofproving that the delay is, or was, caused by a Force
Majeure event, and that the amount ofadditional time requested is necessary to compensate for that event.
The terms of this paragraph do not apply, however, after expiration of the United States' right to enforce
-18-

this Consent Decree under Section XIII.
--rrl-t 42. An extension of one compliance date based on a particular event shall not automatically extend
another compliance date or dates. D.M. Farms and any Operator shall make an individual showing of
proof regarding the cause of each delayed incremental step or other requirement for which an extension
is sought. D.M. Farms and any Operator may petition for the extension ofmore than one compliance date
in a single request. The terms of this paragraph do not apply, however, after expiration of the United
States' right to enforce this Consent Decree under Section XIII.
43. In the event that Citizen Plaintiffs become parties to this Consent Decree and the United States
7--,)0
rights to enforcethis Consent Decree have expired under Section Mil, this paragraph and para-gr—a-FIL. 00
and 3 9 shall applyto any claim of Force Majeure made by D.M. Farms or any Operator. If, during this
period, D.M. Farms and any Operator identify circumstances that are occurring or have occurred that may
delay the completion of any requirement of this Consent Decree due to a Force Majeure event, D.M.
Farms and any Operator shall notify Citizen Plaintiffs in writing, within 15 days after they learn, or in the
exercise ofreasonable diligence under the circumstances, they should have learned, ofthe events giving rise
to a Force Majeure event. The notice shall describe in detail the basis of the contention that there has been,
or will be, a Force Majeure, the measures taken or to be taken to prevent or minimize its effects, and the
timetable by which those measures will be implemented. Within 15 days ofreceiving such a Force Majeure
notice, Citizen Plaintiffs shall inform D.M. Farms and any Operator in writing as to whether they concur
with or challenge the conclusion that the events described in the notice constitute a Force Majeure event.
If Citizen Plaintiffs agree that the events described in the notice constitute a Force Maj eure event, no finther
action is necessary by any party. If Citizen Plaintiffs challenge the conclusion that the events described in
M

the notice constitute a Force Majeure event, Citizen Plaintiffs may submit the issue to the Court for a final
determination. In any such proceeding, D.M. Farms and any Operator bear the burden of proof as to
whether the event constitutes a Force Majuere. An extension of one compliance date based on a particular
event shall not automatically extend another compliance date or dates. D.M. Farms and any Operator shall
make an individual showing of proof regarding the cause of each delayed incremental step or other
requirement for which an extension is sought.
XI. CLAIMS RESOLVED IN THE SETTLEMENT
44. Inconsideration of the actions that will be performed and the payments that will be made
ili�ill�� 1111111!1311 aqiipii� 1 111111 T
raised in the Complaint, Amended Complaint and motions for violations ofthe Clean Water Act occurring
through March 1, 2001 of which the United States had knowledge, and no other claims. This Consent
Decree does not resolve any claims for criminal violations. The United States expressly reserves all rights
to seek a civil penalty under this Consent Decree and any other relief relating to the discharge of waste
water that occurred at the Five Farms on or about March 23, 2001.
XII. FORM OF NOTICE
41, Tlnlessotherw;,-zes,-,ec;.f",.-.,-4, Wr -a- ma char-1-%,44'1F-1%^JM *L - c*-': e, all reports, notices, or any
6 "11 LV LLM
other written communications required to be submitted under this Consent Decree shall be sent to the
following persons at the addresses below:
As to the United States:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
IN

Post Office Box 7611
Washington, D.C. 20044
Reference DOJ Case No. 90-5-1-1-4436
Chief
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency,
Region IV
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303
As to defendants:
David Hulbert
D.M. Farms
P.O. Box 1076
'—?Qs
Jeffery B. Turner
Murphy Farms
P.O. Box 759
Rose Hill, NC 28458
Richard E. 0S c 111 W -a AV --
Crowell & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-2595
Reef C. Ivey II
Ward and Smith, P.A.
Suite 2400
Two Hanover Square
Fayetteville Street Mall
P.O. Box 2091
Raleigh, NC 27602-2091.
Notifications to or communications with EPA or the Department of Justice shall be, deemed
.21-

submitted on the date they are postmarked and sent by certified mail, return receipt requested or deposited
--with an overnight mail/delivery service. Notifications to or communications with the defendants shall be
deemed received three days after the date they are postmarked.
X111. ENFORCEMENT OF THIS CONSENT DECREE
46. D.M. Farms may move that the United States' rights to enforce this Consent Decree have
expired under the terms below. The United States' right to enforce this Consent Decree shall not expire,
however, until the Court finds that the following conditions have been met:
a. There has not been an unpermitted discharge of pollutants derived from animal waste
16RIII 1 lijriji�!I q1111
1110 "10 411111• 1 � �•. 11 � � � � �
concerning expiration of the United States' rights under this Consent Decree.
b. D.M. Farms has achieved at least 90% compliance with the requirement in Section H,
Paragraph 14 ofthe NPDES permit to conduct hourly inspections ofthe sprayfields, based solely on the
information contained in the IRR- I forms submitted to the State during the four calendar quarters
immediately preceding the filing of D.M. Farms' motion concerning expiration ofthe United States' rights
under this Consent Decree.
c. There are no continuing or intermittent violations ofthe Consent Decree. that warrant
further court supervision under this Consent Decree at the filing of D.M. Farms' motion concerning
expiration of the 'United States' rights under this Consent Decree.
d. All penalties and accrued interest, if any, have been paid.
e. All pending disputes raised under Section IX have been resolved.
f. All proceedings to resolve an issue under this Consent Decree and to enforce this
IN

Consent Decree have been resolved.
XIV. TERMINATION
47. This Consent Decree may be terminated upon motion by D.M. Farms when all of the
fibl"lovVing conditions have been met:
MMUMM
a. The United States' right to enforce this Consent Decree has expired under Paragraph
b. In the event that Citizen Plaintiffs become parties to this Consent Decree pursuant to
the Consent Order and Protocol entered herewith and attached as Appendix 1, at least one year has
•=11111 11:1i'llinlaill row- - -moo �-i �--1
XV. COSTS OF SUIT
48. The United States and thedefendants shall bear their own costs and attorney's fees in this
11111111111111111111111111111111 Ip!I1I1III!1I qI1111 I 111 111 111 111
of this Consent Decree, the defendants shall be liable to the United States for any costs of litigation
(excluding dispute resolution) incurred by the United States in an action against the defendants with respect
to such violations of the Consent Decree.
XV1. EFFECTIVE DATE
49. The effective date ofthis Consent Decree shall be the date upon which this Consent Decree
is entered by the Court.
50. This Court retains jurisdiction over both the subject matter of this Consent Decree and the
on 1 1 111�4 EM=-
-23-

purpose of enabling any of the parties to apply to the Court at anytime for such further order, direction,
--and relief as may be necessary or appropriate for the implementation or modification of this Consent
Decree, or to effectuate or enforce compliance with its terms, or to resolve disputes in accordance with
Section 1X rNsnute Resolution) her -of
XV111. MODIFICATION
51. Schedules specified in this Consent Decree may be modified by agreement of EPA and the
defendants. AJ1 such modifications shall be made in writing,
52. Nothing in this Consent Decree shall be deemed to alter the Court's power to enforce,
supervise or approve modifications to this Consent Decree.
;14. Til;�r^- n L-141 1- lodged
- Court' raperiod of not less than thirty (30)
1-1 A LU-� %-V,,sen+t 4.0ecrec shall be lodged with the L, 10 1
days forpublic notice and comment in accordance with the policy in 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree
disclose facts or considerations which indicate that the Consent Decree is inappropriate, improper, or
inadequate. Defendants and the Citizen Plaintiffs consent to the entry of this Consent Decree and the
Consent Order and Protocol without further notice, so Ionia as the Court approves and enters both
ro
CA "r -shoulddecline to approve this Consent Decree and the Consent
r. he 0-
-1 14forany reason th 'ourt
T111 i "1 11! !ill ,•
1111!13111 1111 11�1111 111111 1111111111 1111 ig�111111 11�!11
I I i 11i - �� I' � T R11 111 : IL 11111 !!!!! . . .. . .
not be used as evidence in any litigation between the parties.
K, a

XX. SIGNATORIES/SERVICE
I-
55. Each undersigned representative of the defendants to this Consent Decree and the
Assistant Attorney General for the Environment and Natural Resources Division of the Department of
�+
justice I, or hals, delegate; CeIL t L I fi%es th a the or she is bully waffivoinized toenter into the terms and conditions of
this Consent Decree and to execute and legally bind their respective parties to this document.
SO ORDERED THIS (DAY OFOi-., 2001.
U' d States District Judge
P)rai plot, tz! a from and con=
U, lijilid SMwz; court
D,sr Of Mone
-25-

The United States of America hereby agrees to the terms of the foregoing Consent Decree in
United States v. Murphy Farms, Inc., et al.
JOHN C. CRUDEN
Acting Assistant Attorney General
Environment and Natural Resources Division
ff,
MA Is'
WALKER iSWTH
Principal Deputy Chief
Envirortmental Enforcement Section
�AUL G. WOLFTE16
Senior Counsel
Environmental Enforcement Section
U.S. Department of Justice
Box 7611
Washington, D.C. 20044
[phone]
JOHN STUART BRUCE
United States Attorney
310 New Bern Avenue
Suite 800 -
Federal Building
I IXT—xtu- aro11na27601-1461

The United States of America herehy agrees to the terms of the f0reLoinL, Constnt Decree
iii United Suites v- iWifiphy Farimv. hir.. ci (I/.
On behalf of the United States Environmental
Protection Agency
PH YA JS P. HAR-Ris
Regwal Counsel
C:
U.S. EPA Reuion 4
�/&-�4--- - Z-- -.
WILLIAM B. BUSH, JR.
Associate Re(rional COLIII.I;el
U.S. EPA Region 4

The United States of America herehy aurees to the terms of the fortuoino Consent Decree
in United Starv.s, v. Murphy Farms, Inc., ct (11.
On behalf of the United States Environmental
Protection AuenLy_ _
SYL sdKLOWRANCE
� si tint
-diiistrutor
-tin A ilt Adn Ac
tin .r o forcement Compliance AsSLII-LIIIL:e
United States .1 %1
Protection Aulerlej

Citizen Plaintiffs have reviewed and do not object to the entry of the Consent Decree between
........ Ir- "
the defendants and the United States in conjunction with the entry of the Consent Order and Protocol
between the defendants and the Citizen Plaintiffs,
On behalf of the American Canoe Association. Inc,: Prol'essiollal
Paddlesports Association; and Conservation Council of North
Carolina
Date:
Carolyn SAA Pravlik
Terris, Pravlik & Millian, LLP
1121 12'h Street, N.W,
Washington, D.C. 20005
202-682-2100
Counsel far Citizen Plaintiffs

Defendants Murphy Farms, Inc. and D.M. Farms of Rose Hill, L.L.C. hereby agree to the
terms of and bind themselves to the foregoing Consent Decree in United States v. Murphy Farms,
Inc., et al.
On behalf of Murphy Farms, Inc. and D.M. Farms
of Rose Hill L.L.C.
Date:

NOTICE
.& I
Since it appears that Appendix I and 2 from the Consent
Decree and Appendix A from the Consent Order and Protocol
have previously been served on counsel for plaintiffs and
defendants, the Deputy Clert,- will not serve these items again
. I Consent -
with the Consent Decree and/or onsent Order and Protocol
that the court has entered in this case on October I, 2001 and
I V L0.LWXX N-.'.L%WLk filed in the Wilmi-nortnn T)ivic;n-n ('l,-r 'S Off n"
—�4b 11W A.X A-1 A
2001.
If any party needs these items, please request them from the
Clerk's Office in Wilmington at [phone]. Thank you.
:jcc

North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 15, 2002
i . - I #I I#
X411
D.M. Farms of Rose Hill, LLC
Attn: Mr, David Hulbert
"P.O. Box 1076
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLATION
Mag 4 Sow, Melville I & 2, Dell, and Section I Site 4
NPDES Permit No. NCO086614
Facility No. 82-77
Sampson County
Dear Mr. Hulbert:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D,
Acting Director
Division of Water Quality
You are hereby notified that, having been permitted to have a swine waste management system
NPDES permit pursuant to NCGS 143-215. 1, Section 402 of the Clean Water Act, you have been found
to be in violation of your NPDES Permit.
The Fayetteville Regional Office of the Division of Water Quality has received the 2 d , 3rd, and 4'h
quarter 2001 reports that were submitted as required by the NPDES permit. Upon review of these
i 1 11 A 11 � ­t� red
tit I U $11 1 VI ti L ii U U
I- mul+, I here *Ile requi hourly inspections of all, ii—it igat of, events a cen
%,Put to ItIple Ins"ances w
exceeded. This is considered by this office a violation of your NPDES permit which Section 11.14.
states, "In accordance with 15A NCAC 8F .0203(b)(2), the Operator in Charge or a designated back-up
Operator in Charge of a Type A Animal Waste Management System shall inspect, or a person under the
- __ -1 __* --- ­ -1 1-__4_ ____ t"%T," -I- - It '.- - - - ­ �1_ - I - - I - __ - I - - - �' - I _., - - _A
supervision ofan OTIC Ul u0signatcu udc&-Up Ult- mall inspect, thu land application 51LC as often as
necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case
shall this inspection be less often that every hour during the application of animal waste. A record of
each inspection shall be incorporated into the IRR-I Form and shall include the date, time, sprayfield
number and name of the operator for each inspection."
Please be advised that this office interprets this permit condition as requiring an inspection as
often as necessary but no more than 60 minutes between inspections.
225 GREEN STREET— surrE 714/SYSTEI. BUILDING/FAYE-r-rEVILLE, NC 28301-5043
PHONI:[phone] FAX [phone] WWW. ENICSTATE,NCUSIF Nit/
AN Pl_}UAL OPPIORTUNITY / AFFIRMATIVE ACTION EMPLOYER — 501A RECYCLED/10"/a. POST CONSUMER PAPER
DENRTOLL FREE HOTLINE: I-877-623-6748

ru
"--ND.M.
Farms of Rose Hill, LLC
Postage
S .34-
Certified Fee
2.10
r-I
Postmark
r-I
Return Roca
(Endorsement
1.50 3-18'262
f-q
i
CM
Restricted DeOv— Fee
IM
(Endorsement Required)
0 Total Postage & Fees $ 3 .9 4
C3
NName FeasePritlt Coady) (to be completed by mailer)
M Wbg ...........
tr St Apt. No-; or Box No,
Ir P76. Box 1076
.....................................................
C3
r- sescare,1 1, NC 28458
L.

h X
1vt r. r"lulbe rt
3-8-02
Page 2
The Division of Water Quality requests that the following items be addressed:
1. Modify your irrigation inspection operating procedures so that the time between two inspections
does not exceed 60 minutes.
Please be advised that this letter does not prevent the Division of Water Quality from taking
enforcement actions for this incident or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before March 29, 2002, If you have any
questions concerning this matter, please do not hesitate to contact Mr. Paul Sherman, Environmental
Fnoinet-.r, nrmy.qe,1fnt(()in) 496-1541
Sincerely,
mps/PR Paul E. Rawls
Regional Water Quality Supervisor
Cc: Central Office -Compliance Unit
Wilson Spencer -Sampson Co. MRCS
Trent Allen-DSWC Fayetteville Office
Don Joe -EPA Region IV
Central Files -Raleigh

Michael F. Easley, Governor
North Carolina Department of Environment and Natural Resources
March 15, 2002
CERTIFIED MAIL 7099 3400 0011 1132 4542
RETURN RECEIPT REQUESTED
D.M. Farms of Rose Hill, LLC
Attn: Mr, David Hulbert
P.O. Box 1076
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLATION
Mag 4 Sow, Melville I & 2, Dell, and Section I Site 4
NPDES Permit No. NCO086614
Facility No. 82-77
Sampson County
Dear Mr. Hulbert:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
. You are hereby notified that, having been permitted to have a swine waste management system
NPDES permit pursuant to NCGS 143-215. 1, Section 402 of the Clean Water Act, you have been found
to be in violation of your NPDES Permit,
The Fayetteville Regional Office of the Division of Water Quality has received the 2 d , Yd, and 4 1h
quarter 2001 reports that were submitted as required by the NPDES permit. Upon review of these
r­rfo mrllti r.in moth nuns 11 r1­. A— ­­;­4 -C-11 ­+._ tU A t.
"A" "' "14 44114%1 41VUlly inspectionLy, as, iigation evens Jlau Veen
exceeded. This is considered by this office a violation of your NPDES permit which Section 11. 14.
states, "In accordance with 15A NCAC 817.0203(b)(2), the Operator in Charge or a designated back-up
Operator in Charge of a Type A Animal Waste Management System shall inspect, or a person under the
- - -1-1--i 1. _ _ I - � 1 41 - I " I 1 1. - I
supervision oflan 01(', Or UCS1gIIdteU OdCK-Up Ulk, shall inspect, the land application site as often as
necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case
shall this inspection be less often that every hour during the application of animal waste. A record of
each inspection shall be incorporated into the IRR-I Form and shall include the date, time, sprayfield
number and name of the operator for each inspection."
Please be advised that this office interprets this permit condition as requiring an inspection as
often as necessary but no more than 60 minutes between inspections.
225 GREEN STREET - SUITF 714/ SYSTEL BUILDING FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.INR.S-1,k]'E,NC.IJS,'ENEV
AN EQUAL OPPORTUMTY! Arr!%NAA'FtV'E ACTION EMPLOYER - 50% RECYCLED/Wll,. POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

■ Complete Items 1, 2, and 3. Also complete
item. 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
D.M. Farms of Rose Hill, LLC
ATTN: Mr. David Ilulbert
P.O. Box 1076
R------ Hilla NC 28458
A. Recelvec by (Please Print Clearly) B. Te of
I � 11
Agent I
D. Is delivery address different from Itero 7 ❑ yes
If YES, enter delivery address below: ❑ No
3.� Service Type
XDO Certified Mail ❑ Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2, Article Number
(Transfer from service label) • 7 0 9 9, 3400 0011'1132-4542,
PS Form 3811, March 2001 Domestic Return Receipt 102595-Oi-M-1424

Mr. Hulbert
3-8-02
Page 2
The Division ot'Water Quality requests that the following items be addressed:
1. Modify your irrigation inspection operating procedures so that the time between two inspections
does not exceed 60 minutes.
Please be advised that this letter does not prevent the Division of Water Quality from taking
enforcement actions for this incident or any past or future violation. Furthermore, the Division of Water
Oualitv has the authority to levy a civil penalty of not more than $25,000.00,per day per violation.
Please provide this office with a written response on or before March 29, 2002. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Paul Sherman, Environmental
Engineer, or myself at [phone] ,
Sincerely,
Mps/PR Paul E. Rawls
Regional Water Quality Supervisor
Cc: Central Office -Compliance Unit
Wilson Spencer -Sampson Co. MRCS
Trent Allen-DSWC Fayetteville Office
Don Joe -EPA Region IV
Central Files -Raleigh

3
February 15, 2002
Mr. Paul Rawls
NCDENR
Fayetteville Regional Office
Division of Water Quality
Paul,
As a follow-up to our conversations regarding the compliance of our Magnolia 4 facility
with NPDES Permit Number NC0086614, I would like to address the issues you have
brought to my attention. More specifically, I would like to address the issue of
compliance with Section 11. 14 of the permit, which states:
"In accordance with 15A NCAC 8F.0203(b)(2), the Operator in Charge or a
designated back-up Operator in Charge of a Type A Animal Waste Management
System shall inspect, or a person under the supervision of an OIC or designated
back-up OIC shall inspect, the land application site as often as necessary to insure
that the animal waste is land applied in accordance with the CAWMP. In gg case
chall th;Q ineni-otinn hP ]Pee nfipn tl%nt PvPm hmir eiiir;ino the nnniii-nflAn of nnimni
waste. A record of each inspection shall be incorporated into the IRR-1 Form and
shall include the date, time, spjayfield number and name of the operator for each
inspection. The permittee may assert as an affirmative defense in any
­4L +U_
c1JUG-1cemnent action aUCS111r, 11011%,0111FItalUX WIED E11C 1C4Ujj%;1L1%;1LLb 1111PVsVU U1 LUB
condition that such noncompliance was due to circumstances beyond the
Permittee's control. A notation shall be made on the IRR- I Form indicating the
inspection affected by such circumstance and an explanation setting forth the
circumstances claimed to have been beyond the Permittee's control shall be
submitted with the IRR-1 Form."
I have reviewed the information which you forwarded to A.J. Linton based on his
request. It is my understanding that this document was sent to your office by the
Environmental Protection Agency Region Four and is titled Murphy Farms Field
Records — Non -Compliance Analysis, dated January 24, 2002. The document appears to
summarize information from our 2001 third quarter IRR- I forms and claims a total
number of violations of irrigation inspections totaling seventy-two.
It is apparent from this document that the Environmental Protection Agency has applied
f.
the wrong compliance standard and is itidging compliance with a requirement to inspect
every sixty minutes rather than "every hour" as required by the permit.

M
We have reviewed our entire set of IRR- I forms for quarters two through four during
2001 using the correct "every hour" standard. This review identified a total of eighteen
: .1— L-A I---- -- L-:-- -,C,t.- 44 ------- L - -1)
1f1bPFZL;L1U11b LIRK 114U MU11 1C;1.;ULUFZU U5 1X11jr, Pr;j 1U111A;U UULb1UV U1 6114; VVV;JY JIUUJ
requirement of Section 11. 14. Of the eighteen inspections, five occurred during quarter
two, ten during quarter three, and three during quarter four. The eighteen inspections
represent only 1.09% of the 1654 inspections performed during the last three calendar
quarters of 2001.
During the last three calendar quarters, it had been our practice to record application
inspections after having completed the physical inspection. A routine inspection
generally takes between five and fifteen minutes. Unfortunately, this method of record
keeping is responsible for sixteen of the eighteen inspections that are recorded as being
less frequent than every hour. The remaining two are the result of the operator
misreading his watch, as the checks in question are at or before the start time of the event.
Specifically, in the first case a check was recorded at 3:35 on an event that was recorded
as starting at 3:30 and in the second a check was recorded at 3:30 on an event that was
recorded as starting at 3:40. Both events occurred on the same day and the same operator
nerfornied the checks.
A
In summary, for the entire period we conducted a total of 1654 inspections of which none
were performed outside of the "every hour" requirement in Section 11.14 of the permit.
Never the less, we recognize the fact that the manner in which the time of the inspections
is recorded needs to be changed. As a result of our conversations with your office, the
subsequent review of our records, and a thorough review of our management practices,
we have since changed our method of recording irrigation event checks. in the future, the
actual time that the event check occurs will be recorded as opposed to the time of
completion.
I would respectfully ask that you provide me with a response as to the position of the
Division of Water Quality in regards to this matter. Should you have any further
questions please feel free to contact me [phone],
Sincerely,
T
4�4�?
Tate
Assistant Production Director

1�.
•...3s
�
e`
i
f
COVERDM FARMS
FACSUvME
SHEET
To- Mr, Paul Rawls ;
NCDENR
Fayetteville Region
}
Fax: [phone]
I
From: Terry Tate
Date. February 15, 2002
Number of pages including Cover Sheet: 3
HARD COPY TO FOLLOW VIA CERTU`I D MAIL
if YOU do not get all of the pages, they acre not leg��ale, or you have questions please give
me, a call. I can be reached at 910-289-7298.
i
rL7

DM FARMS of Rose MR, LLC
P.O. BOX 1076 Ron ffill, NC 28458
February 15, 2002
Mr. Paul RawLs
NCDENR
Fayetteville Regional Office
Division of Water Quality
Paul,
As a follow-up to our conversations regarding the compliance of our MWolia 4 fizilky
with NPDES Permit Number NC0086614, I would like to address the its you bnv
brought to my attention. More specifically, I would Ww to address the issue of
compliance with Section 11. 14 ofthe permit, which states:
'In accordance with 15A NCAC BF .0203(b)(2). the Operator in Chaw or a
designated back-up Operator in Charge of a Type A Animal Waste Mmiagement
gystern shall inspect, or a person under the supervision of an OIC or designated
back-up OIC shall inspect, the land application site as often as necessary to insure
tW the animal wage is land applied in accordance with the CAWT-AP. jumq_cM
wwne.,& word be*
jhA d§jV M99ha
, jkW, gK13Aqjd and am 9f the ppz=&jMA
11r, parnittee, may assert as an affirmative defimw in my
­6 1 1111111
enrom4ment action alleging noncompilianCe. w-M the fathis
condon that such noncoigpliance was due to eftcumstances beyond the
Permittec's control. A notation shall be made on the MR-1 Form, fiidka' the
inspection affbaed by sucb�,circumstance and an explanation setting fid* thn
cuvum�s claimed to have been beyond the Permittee's control shall bes
subinitted with the lRR- I Form."',
I have reviewed the information which you forwarded to A.J. Linton based on his
request,, It is my understanding that this document was sent to your office by the
Environmental Protection Agency Region Four and is titled Murphy Fanm Feld
Records- Non -Compliance Analysis, dated January 24,2002. The document typ=,vtb
summarize information from our 2001 third quarter IRR- I form aid ch� &I toW
number of violations of irrigation inspections totaling seventy-two.
It is apparent from this document that the Environmental Protection Agency has q#,W
the wrong compliance standard and is judging compliance with a rempiremr—at to 6—i-pxt J,
every sixty minutes rather than "every how" as nquhred by the permiL

We have reviewed our entire set of IRR-1 forms for quarters two through four during
111 20^ 01 using ti ntified lov a u or eight =
v cope "ev--7 hou-' rand.--d. This reevii�-w ide
inspections that had been recorded as being performed outside of the "every hour"
requirement of Section 11.14. Of the eighteen inspections, five occurred during qumft
two, ten diving quarter three, and three during quarter four. The eightem ksp=tim-.
represent - 1 1.09%, of the it 654 inspections performed dJurmg the last dm calendar
quarters of200 1.
During the last three calendar quarters, it had been our practice to record applicadw
inspections after having completed the physical inspection. A routine inspection
generally takes between five and fifteen minutes. Unfortunately, this method of record
keeping is responsible for sixteen Of the eighteen inspections that are recovW ass being
less frequent than every hour. The remaining two are the result of the operator
misreading his watch, as the checks in question are at or before the start time of the evat.
Specifically, in the first case a check was recorded at 3:35 on an event that was recorded
as starting at 3:30 and in the second a check was recorded at 3 -30 on an eves that ww
recorded as starting at 3:40. Both events occurred on the same day and de same opetwor,,
performthe checks.
In summary, for the entire period we conducted a total of 1654 fiLVectims of TAhkk Mae'.
were performed outside of the "every hour" requirement in Section 11.14 oft my-v—w*:
Never the less, we recognize the fact that the mariner in winch the time of ft impordm
is recorded needs to be changed. As a result of our conversations with your office, an
subsequent review of our records, and a thorough review of our munWment p-m-m—wes,
we have since changed our method of recording irrigation event checks. In the fitux, the
actual time that the event check occurs will be recorded as opposed to the time, of
completion. J�-- , - � I 11- -
I would respectfully ask that you provide me with a response as to the posukM, ofllw,'
Division of Water Quality in regards to this matter. Should you have a� fmAkx' -4
questions please feel A= to contact me [phone].
Sincerely,
Tate
Assistant Production Director
5
"3`.
Irt t

AA-23-02 14,29 FROMtEPA REG 4 WPE B-2 ID-404 562 972e PAGE
ISO s?*'4
US. .,Environmental Protection Agency,
z Region 4
Adana Federal Center
61 Forsytft Street, S.Wi
,�44 PR.Irpo"00- Atknti,GA 30303-3104
[phone]
i
A-vater Progra mls Enforc'ement, Bra
net:
TO:
ORCANLZATION:
FAX: ,ram0 7
PHONE:
FROM:
FAX:
PHONE: Me C. r/"
DATE:
V4-
SUWECT: f
PAGES.- (Incluft cover Sheet}
COMMENTS:
I/S

j,u�:,"1=: ,�
JRII- 23-02 14 = 29 FROM -EPA REG 4 WOES-2 " I D v 404 S62 9728 PAGE 2/6
U.S.;,Environmental Protection Agetic.S Region 4
Atlanta Federal Center
RINSWUNIP 61 F+�
4Q Street, S.W.
' 4 pRot GCS Atlanta* GA 30303-3104 .
[phone]
water Program's Enforcement 'Br' a l i
,f
TO. -
ORGANIZATION: �{
FAX:
PHONE: Y
FROM:
FAX.
f
PHONE. A
DATE:
SUBJECT:
PAGES:
(InchLding Cover Sheet) ?x
T
COMMENTS:
�t

JA14-23-02 14329 FROM:EFA REG 4 WPEB-2
ID;404 S62 9728
3/5
IftCff J. TERRIS
CAROLYN SMITH PRA"
KATHLEEN L. MtLUAN
SARAH A. ADAM$
TERRts�,,PRAVLIK & Mum, LAP
s c 1121 12TH STREET, N.W.
WASHINGTON, D-C. "W5-4632
[phone]
PAX-202-209-6795'
4~0ftMIaw.C*M
January,18, 2002
DEJUM A. a
KE"
MOMCAMDUUM
LYNN LZIIJIt#Alhil
William Bush
U.S. EPA - Region 4
Atlanta Federal Center
61 Forsyth Street, S.W.,
Atlanta, GA 30303-8909 04
Re: American 'Canoe Association v. Murphy.Yarms Inc., 4" 4-1
Civ,N 11.1,41:
os, 7:98-CV-4-F(l); 7:98-M-19-F(l). 5:98-CV-209-f(l)
Dear Bill:
,Enclosed areth6TRR-1 and IRR-2 forms forthe above -referenced cwsa. Also enclo i9ft
violations list that we generated from the IRR-1 forms. Each violation Us als,-,� circled on th,' 41
form. If you have any questions, pleast do not hesitate to call me.
Sincerely,
Carolyn Smith Praviik
Enclosures

JAM-23-02 14130 FROMcEPA REG 4 WPES-2 ID:404 562 9726 .PACE
Murphy Farms Avktd Records — Non -Compliance E#xatysis
H:1HOME\MURPHYtirr amlYsis.123
• t i 1t . x�q 1 5 k '+s , i � f f � �;;y„3rA
Bates # Fa nn Date 6goon Riser # No. of Violations
1105 1RR,I 07/02/01 Mel 28 1`
1105 IR,R• °I 07/03/01 Mel-1. 29 1 �'
1107 MR 1 07/02/01 Niel II 18b 1
1108 MR 1 07109/01 Mel H I $a 1
1108 MR 1 07/11/01 Mel 12 16 •
I109 IRR I 07/13/01 Mel11 25a''
1109 IRR 1 07/13/01 Mel 11 26 1 =rir;
1112 1RR 1 07/17/01 Mel I 31 1 -f '
1113 IRR I 07/1810I 54a ✓ , 1. '
1.4 1
1114 IRR 1 08/02i01 Mel 1 29
1115 I'RR,1 08/06/01 Melt 30 ✓ X'
1115 IRR 1 08/06/01 Mel I 29
Ills mR,1 08/10/01 Mag1V 3 I ..-
1116 IRR 1 08/06101 1-4 53 1
1116 MR I 08/07/01 1-4 54b I --
1 116 IRR 1 08/08/01 1-4 54b I
1117 IRR 1 08/07/01 Dell 35' 1
1117 IRR 1 08/09/01 Dell 35 I
1118 IRR 1 08/10/01 I-4 48 1
1125 IRR 1 08/29/01 Dell 342- " 1 . #y
1126 MR 1 08/28/01 Mag IV Pivot 3 I -' w , . •
1129 MR 1 09/26/01 Dell 38 1 ✓ `r 1
1129 MR 1 09/26/01 Dell 47b 1 r ;t' • '
1129 IRR 1 09/26/01 De11 42 2
1129 IRR.1 09/27/01 Dell 44a ? rt'
1131 IRR 1 09/04/01 Mel II 23a I
1133 IRR.I 09/19/01 Mel if 16 1
1133 IRR,1 09119101 Mel II 24 1"
1137 ERR 1 09/19/01 Mel I 34a I f
1137 ERR 1 0912n/OI rxel I
1140 MR 1 09/10/01 1-4 40 1
1140 MR.1 09/10/01 1-4 41 1 ,
1142 MR 1 09/13/01 I�4 45 d
IRR ��
1142 R I 09/1310I T ; �i
1144 IRR 1 09/24/01 Mag TV 2 1
1144 IRR I 09/24/01 Mag IV 10 1 y
1145 IRR I 09119101 Mag IV 3 2 > a
1145 IRR. I 09/20/01 Mfig 1V 3 :
1145 TRR 1 09/22/01 Mug 1V 10 1 ✓
1145 iRR.1 09/22/01 Mag TV 2 1 f
114E IRR 1 09/10/01 Mag TV 18a 2 ✓
1146 IRR 1 09/i 0/01 M2m11f 19a 2
1146 m 1 09/11/01 Mag IV 18b 1
1146 IRR 1 09/I I/01 Mag IV 19b I ✓ ..e fSt
1146 IRR 1 09/12/01 Mag IV 10 3 ;r '
1146 IRR 1 09/13/01 Iola¢ N
1147 MR I 09/09/01 Mag TV
1148 TRR I 09/05/01 mis Ttl 3 3.- :
1148 IRR 1 09105101 Mag TV 10
1148 IRR 1 09/06/01 Mag TV 3 ? ., ::v `•
f
1
4/6

JAM-23-02
14530 FROM -EPA REG 4
WPES-2
IDz404
662 9726
PACE 5/6
1148
IRR I
09/06/01
mag iV
10
4
1148
IRR 1
09/07/01
Mag N ' .
' ` ` 3 ,
1 ✓
1148
IRR 1
09/07/01
Mag N
10 !
1 ,�
No. Violations.
Jr_,
xx
� t
tU,
ij
k ,
f
�
7
j q 4 k
r
1 A��•�
,
k
t 1
•.y}� - f
` ON11
5+
1.e1
e 1'

FAx TRANSMISSION
DENR
FAYETTEVILLE REGIONAL OFFICE
FAYETTEVILLE, NORTH CAROLINA 28301-5043
VOICE: 910486-1541
Fax: [phone]
To: � - k ;,,-1 n
'Fc,, r,
Fax#:
From: ?aJ SY ,v-rnan
Subject: TfIXIrma1ar-A LL e- S. LL
Date: I /a q
Pages (including cover): S
UULVasvI CLN10w Z")
_-I — — —
C116 2 r? 9 it 47

P. 1,
COMMUNICATION RESULT REPORT ( JAN.24.2002 12:00PM ) * * *
TTI ENVIRONMENTAL MGMT
FILE MODE'� OPTION ADDRESS (GROUP) RESULT PAGE
188 MEMORY TX 19102899449 OK P. 3/3
---------------------------------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
I
�NCDENR
FAX TRANSMISSION
DENR
FAYETTEVILLE REGIONAL OFFICE
FAYETTEVILLF, NORTH CAROLINA 28301.5043
VOICE: 910486-1541
Fax: [phone]
Date: 119q o-.1
t'11 A A r-

MAR.28.2002 6:37PM P
PHONE NO. : 910 2eq 6434
The information contained in this facsimile metsuat; may he privileged and confidential and is intended only
for the uAc of the individual or entity named above. It the reader of Oils message is not die intended recipient,
or an employee or agent responsible for delivering this mouaEc in the intended recipient, you are hereby
notified that any dissemination, distribution, or copyinj; of this communication is strictly prohibited, If you
have ' , received this communication in error, please notify us immediately by telephone wrevArm the original
mcssa8t; to the above address via the U.S. Postal Service, Thank you. D14 FARMS
DM FARMS of ]ROSE HILL, LLC - P.O. lie. 1097 - Rma Hill, NC 28459 * 1.910.289-2111 phone, 1.910.289-64M fax
I

FROM
..;0, �Z ;
MAR.29-2002 6:38PM P 2
.--'HONE NO. : 910 289 6434
A
P.O. Box 1076
F mom
ARMS" Rose Hill, NC 28458
March 28, 2002
Mr. Paul E. Rawls
Regional Water Quality Supervisor
DWQ - NCDENP,
225 Green Street, Suite 714, Systel Bldg,
Fayetteville, NC 28301-5043
'Re NOTICE OF VIOLATION
Mag 4 Sow, Melville I & 2, Dell and Section I Site 4
NPDES Permit No. NCO086614
Facility No, 8247
Sampson County
Dear Mr. Rawls:
This response is to the above notice of violation dated March 15, 2002. For the reasons stated in
Terry Tate's February 15, 2002, letter to you, we believe that our field inspection practices have
been in compliance with Section 11. 14 of our NPDES permit. However, we understand that the
Regional Office has taken the contrary view,
The Regional Office views the requirement as an every "60-minute" inspection criterion rather
than the "every hour" criterion that DM Farms has followed in the past. Henceforth, DM Farms
intends to use the Department's every "60-minute" inspection criterion.
In light of this change in DM Farms' -inspection practice, it is our understanding that, after
reviewing our inspection records, the Department has concluded that it would be inappropriate
to take any further enforcement action for our past inspection practices. If our understanding of
the Department's intention is not correct, please contact me as soon as possible.
Sincerely,
David Hulbert

MAR-28.2002 628PM P 2
PHONE NO. : 910 2E39 6434
V
P.O. Box 1076
FARMS Rose Hill, NC 28458
March 28, 2002
Mr. Paul E. Rawls
Regional Water Quality Supervisor
nuun xre.
� 'T N4 INI-D",
225 Green Street, Suite 714, Systel Bldg.
Fayetteville, NC 28301-5043
n __
Me, NOTICEOF VIOLATIODJ
Mag 4 Sow, Melville I & 2, Dell and Section I Site 4
NPDES Permit No. NC0086614
Facility No, 82-77
Sampson County
Dear Mr. Rain k
This response is to the above notice of violation dated March 15, 2002, For the reasons stated in
Terry Tate's February 15, 2002, letter to you, we believe that out field inspection practices have
been in compliance with Section 11.14 of our NPDES permit, However, we understwid that the
Regional Office has taken the contrary view,
The Regional Office views the requirement as an every "60-minute"' inspection criterion rather
than the "every hour" criterion that DM farms has followed in the past. Henceforth, DM Farms
intends to use the Department's every "60-minute" inspection criterion.
In light of this change in DM Farms' Inspection practice, it is our understanding that, after
reviewing our inspection records, the Department has concluded that it would be inappropriate
to take any further enforcement action for our past inspection practices, If our underswinding of
the Department's intention is not correct, please contact me as soon as possib1c.
Sincerely,
David Hulbert

Alt
7-
DA49. P.O. Box 1076
FARMS Rose Hill, NC 28459
March 28, 2002
Mr. Paul E. Rawls
Regional Water Quality Supervisor
DWQ - NCDENR
225 Green Street, Suite 714, Systel Bldg,
Fayetteville, NC 28301-5043
APR f
2002]
F�
Re: NOTICE OF VIOLATION
Mag 4 Sow, Melville I & 2, Dell and Section I Site 4
NPDES Permit No, NC0086614
Facility No. 82-77
Sampson County
Dear Mr. Rawls:
This response is to the above notice of violation dated March 15, 2002. For the reasons stated in
Terry Tate's February 15, 2002, letter to you, we believe that our field inspection practices have
been in compliance with Section 11. 14 of our NPDES permit. However, we understand that the
Regional Office has taken the contrary view.
The Regional Office views the requirement as an every "60-minute" inspection criterion rather
than the "every hour" criterion that DM Farms has followed in the past. Henceforth, DM Farms
intends to use the Department's every "60-minute" inspection criterion.
In light of this change in DM Farms' inspection practice, it is our understanding that, after
reviewing our inspection records, the Department has concluded that it would be inappropriate
to take any further enforcement action for our past inspection practices. If our understanding of
the Department's intention is not correct, please contact me as soon as possible.
Sincerely,
David Hulbert

UNITED STATES DISTRICT COURT
ERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
AMERIV ASSOCIATION, 20
INC.,
DA\AID DAN K
D rtN IC
US STRICT 00
,7 Plaintiffs, il ^Ari^1 MIA
UNITED STATES OF AMERICA,
I "a-ind'"ntervenor,
I I t1ijul t
kz
MURPHY FARMS, INC., d/b/a
MURPHY FAMILY FARMS and D.M.
FARMS OF ROSE HILL, L.L.C.,
Defendants.
Civil Action Nos.
7-98-CV-4-F(I)
7-98-CV-19-F(l)
5-98-CV-209-F(l)
119TITIM4WN1111") -or "t

11
- -------------
rF
OFFICE OF THE ATTORNEY GENERAL
DATE
TRANSMITTAL SLIP
T*i
Rcr. NO. OP SOON, BILDO.
FROM, A
=-I,
NO a DON, SLOQ.
AA
ACTION 1 41, V1
❑ MOTS AND FILE ❑ PER OUR NVERSATION
❑ NOTE AND RETURN TO ME i PER YOUR REQUEST
❑ RETURN WITH MORE DETAILS ❑ FOR, YOU* APPROVAL
❑ NOTE AND $111% ME ABOUT THIS FOR YOUR INFORMATION
❑ PL9AS6 ANSWER ❑ FOR YOUR COMMENTS
❑ PREPARE REPLY FOR my SIGNATURE 0 SIGNATURE
TAKE APPROPRIATE ACTION Cl INVESTIGATE AND REPORT
COMMM70i
woV 12001

I
TABLE OF CONTENTS
I.
Background...........................................................................................
I
II.
Jurisdiction and Venue...............................................................:...........
3
III.
Definitions..............................................................................................
3
IV.
General Provisions.........:........................................................................
5
V.
Civil Penalty............................................................................................
6
VI.
Work to be Performed............................................................................
6
VII.
Stipulated Penalties.....................................,....,,..............,.,..........
12
VIII.
Information Gathering.............................."...............................................
15
IX.
Dispute Resolution...................................................................................
16
X.
Force Majeure........................................................................................
17
XI.
Claims Resolved in the Settlement............................................................
20
XII.
Form of Notice.......................................................................................
20
XIII.
Enforcement of this Consent .Decree......................................................... .
22
XIV.
Termination.............................................................................................
23
XV.
Costs of Suit............................................................................................
23
XVI.
Effective Date....................................................................................,..
23
XVII.
Retention of Jurisdiction ........................................ ....
23
XVIII.
Modification...........................................................................................
24
XIX.
Lodging and Opportunity for Public Comment .........................................
24
XX.
Signatories/Service.................................................................................
25

LBACKGROUND
-.0--rTi A. This case began as a citizen suit brought under Section 505 ofthe Federal Water Pollution
Control Act, 33 U.S.C. § 1355, by the American Canoe Association, Inc., the Professional Paddlesports
Association, and the Conservatio Covv"r-;l Carol--' 011 ctivellyPIL ;&/ 'I ` -
LLI" kc 44C die C%iizenrlai `­ Th ion A �WL "A muHs- ). e
United States ofAmerica, on behalf ofthe United States Environmental Protection Agency ("EPA),
subsequently intervened as a plaintiff, The defendants in this action are Murphy Farms, Inc., d/b/a Murphy
Family Farms, and D.M. Farms of Rose Hill, L.L.C. ("D.M. Farms")
B. In its complaint and amended complaint, the United States alleged that defendants discharged
pollutants to waters ofthe United States from a large-scale swine operation in Sampson County, North
Carolina. The defendants denied the allegations. The United States sought penalties and injunctive relief
C. in December 1998, the district court granted the Citizen PlaintiffVmotion for partial
summary judgment and granted in part the motion fora preliminary injunction. The United States joined
in those motions. The district court found that the defendants unlawfully discharged swine waste from the
Magnolia 4 Sow Farm ("Mag 4") into navigable waters ofthe United States in November 1996 and July
1997. The district court also ordered the defendants to apply to the State ofNorth Carolina for aNational
Pollutant Discharge Elimination System ("NPDES') permit covering Mag 4. D.M. Farms submitted an
application on December 31, 1998. The defendants filed a notice of appeal of the district court's
December 1998 Order in the Court of Appeals for the Fourth Circuit on January 15, 1999,
D. On January 20,1999, the Citizen Plaintiffs moved the district court to require the defendants
to submit an NPDES permit application covering Mag 4 and four other farms known as Melville I & 2,
Dell, and Section 1 Site 4. The United States joined in the motion. On May 4, 1999, the district court

E. Defendants' appeal was dismissed in part and remanded in part on the question of mootness
3.1mg1l,111111:1111 HE * �11
F. On June 21, 2000, the State of North Carolina issued an NPDES permit covering the five
1151171 1 1-1 ��� piIIIIIIIIIII
I W; FIN, M41 R mil =80 r ire F 1 4 1 11 � I I .; I I E 4
NPDES permit for the five farms was issued on March 19,2001.
G. Defendants challenge Citizen Plaintiffs' right to any relief and their claim for litigation costs.
Defendants filed a Motion for Reconsideration of Declaratory Judgment on Standing (filed March 6,
200 1)(hereinaftcr "Defendants' Standing Motion!') and aMotion for Summary Judgment against Citizen
Plaintiffs underthe Gwaltney Test (filed March 5, 2001) (hereinafter "Defendants' Gwaltney Motion'.-"
Defendants' motions atepending. Defendants and Citizen Plainfffi wW Dot resolve Citizen Plaintiffs' claims
until Defendants' Standing and Gwaltney Motions have been finally adjudicated, including any appeals.
Defendants and Citizen Plaintiffs have agreed to a procedure for the resolution ofthose issues and to a
Consent Order and Protocol that resolves all other issues on the merits in the event that the standing and
Gwaltney issues are ultimately resolved in Citizen Plaintiffs' favor. A copy of the Consent Order and
Protocol is attached as Appendix .1.
H. The parties to this Consent Decree recognize, and the Court finds, that this Consent Decree
has been negotiated by the United States, the Citizen Plaintiffs, and the defendants in good faith, that
!'Gwaltney refers to Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, 484 U.S. 49
(1987).
N

implementation ofthis Consent Decree will avoid prolonged and complicated litigation between the parties,
-mod that this Consent Decree is fair, reasonable, and in the public interest.
NOW, THEREFORE, it is hereby Ordered, Adjudged, and Decreed:
TL JURIP DICTION ANTI VRNTIV
1. This Court hasjurisdiction over the subject matter ofthis action pursuant to 28 U.S.C.§§ 1331,
1345, and 1355, and 33 U.S.C. §§ 1311 and 1319(b). This Court also has personal jurisdiction over the
defendants. Solely for the purposes ofthis Consent Decree and the United States' amended complaint,
defendants waive all objections and defenses that they may have to jurisdiction ofthe Court orto venue
in this District. Defendants shall not challenge the terms ofthis Consent Decree or this Court's j urisdiction
to enter and enforce this Consent Decree.
2. For purposes ofthis Consent Decree only, the parties agree that the United States' amended
complaint states all the elements of a claim upon which relief may be granted against the defendants.
3. Defendants, by entering into this Consent Decree, donotadmit any liability arising out of the
transactions or occurrences alleged in the pleadings and motions.
4. This Consent Decree shall not affect the parties' rights against any person or entity not a party
to this Consent Decree. No person or entity other than the parties shall have authority to enforce the terms
ofthis Consent Decree, except as provided in the Consent Order and Protocol between defendants and
Citizen Plaintiffs.
5. Unless otherwise expressly provided herein, terms used in this Consent Decree which are
defined in the Clean Water Act or in regulations promulgated under the Clean Water Act shall have the
M

meaning assigned to them in the Clean Water Act or in such regulations. Whenever terms listed below are
� li I I � � � I � � � , � � � I I I � � � � � � I � I I � I � � � � 11 � � 'E.s e
(a) "CAWMP" shall mean the Certified Animal Waste Management Plan for the Five
Farms required by the NPDES permit.
(b) "Citizen Plaintiffs" shall mean the American Canoe Association, Inc.; Professional
Paddlesports Association; and the Conservation Council of North Carolina, Inc.
(c) "Day" shall mean a calendar day unless expressly stated to be a working day. "Working
day" shall mean a day other than a Saturday, Sunday, or federal holiday. In computing any period of time
under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the
period shall run until the close of business of the next working day.
(d) "Five Farms" shall mean the Mag4, Melville I & 2, Dell, and Section I Site 4 farms,
as well as any sprayfields, lagoons, and other areas located outside the geographical boundaries ofthose
farms that are covered by the CAWMP.
(e) "The NPDES permit" shall mean the National Pollutant Discharge Elimination System
permit issued for the Five Farms on March 19,2001, and any NPDES permits for the Five Farms that may
later be in effect.
numeral.
(0 "Operator"' shall mean a person who operates one or more of the Five Farms,
(g" 44n
aragraph" snail! mean a portion of this Consent Decree identified by an Arabic
) P
(h) "Parties" shall mean the United States of America, Murphy Farms, Inc., and D.M.
Farms of Rose Hill, L.L.C. The term "Parties" shall include Citizen Plaintiffs in the event that they become
-4-

Parties pursuant to the Consent Order and Protocol between Citizen Plaintiffs and the defendants.
. .1c j (i) "Person" shall mean an individual, corporation, partnership, association, State,
municipality, commission, or political subdivision of a State, or any interstate body.
0) "Section" shall mean a portion ofthis Consent Decree identified by a roman numeral.
(k) "Soil Test Report" shall mean the report prepared by the Agronomic Division ofthe
North Carolina Department ofAgriculture that contains the Standard Soil Fertility Analysis required by the
NPDES permit and the soil test required by the CAWMP.
(1) "Sprayfield" shall mean a field where wastewater may be applied under the CAWMP,
as depicted on the map attached as Appendix 2, as well as any.field lawfully added to the CAWMP
following lodging of this Consent Decree, unless expressly identified otherwise in Paragraph 16 below.
(m) "State" shall mean the,State of North Carolina.
IV, GENERAL PROVISIONS
6. CoMliance With Applicable Law. AJl activities undertaken by D.M. Farms and any Operator
under this Consent Decree shall be performed in accordance with the requirements of applicable federal
and state laws and regulations. During the life of the Consent Decree, D.M. Farms shall be responsible
for giving notice of this Consent Decree and its terms to all successors, assigns, agents, employees, and
contractors with responsibility for waste management at the Five Farms, as well as to all persons who
operate the Five Farms, and for ensuring compliance by such persons and entities with the terms of the
Consent Decree.
7. Permits. This Consent Decree is not, and shall not be construed to be, a permit or modification
of a permit issued pursuant to any federal or state law. .
M

V. CIVIL PENALTY
8. The parties agree that a civil penalty of $72,000 has been placed in a court registry account
pursuant to an order ofthis Court. Within 10 days after entry ofthis Consent Decree, the Clerk of Court
is directed to disburse that amount to the United States, together with any accrued interest. No civil penalty
paid under this paragraph shall be tax deductible.
9. D.M. Farms and any Operator shall comply with all terms of the NPDES permit and the
CAWMP. In the event that D.M. Farms revises the CAWMP or the Waste Utilization Plan, D.M. Farms
shall provide a copy of those revisions to EPA and the United States at the same time a copy is first sent
to the State.
10. Within thirty days (3 0) after entry ofthis Consent Decree, D.M. Farms and any Operator shall
erect and maintain a marker in each sprayfield at the point ftirthest from each hydrant where wastewater
can lawfully be sprayed under the CAWMP. The top 12 inches of each marker shall be orange. D.M.
Farms and any Operator shall notify EPA in writing within five (5) days of erecting the markers or within
15 days ofentry ofthis Consent Decree, whichever is later. The marker shall be located so that a straight,
imaginary line could be drawn from the hydrant, along the entire, of the pull a7u-Ln- orized in the
.7 - - S1 -
CAWN4P, to the marker. The marker shall be clearly visible in daylight hours to a person standing or
seated on a tractor at the hydrant or spraygun. The purpose ofthis marker is to distinguish the boundary
of the sprayfield and to assist in aligning the spray gun during a pull. The marker may be removed
temporarily when necessary to mow, plant, or cultivate a sprayfield. However, wastewater may not be
applied to the sprayfield when the marker is not in place.
IM

11. Within thirty days (30) after entry of this Consent Decree, D.M. Farms and any Operator shall
prepare and implement a written standard operating procedure (SOP) pertaining to the inspection,
operation, and maintenance of sprayfields and equipment used in managing wastewater, including but not
limited to irrigation pumps, spray guns, reels, lagoon gauges, rain gauges, rain shut-off devices, rain
recorders, and flow monitoring equipment. D.M. Farms and any Operator shall notify EPA in writing
within five (5) days of meeting this obligation or within 15 days ofentry ofthis Consent Decree, whichever
is later, The SOP shall be translated into all languages necessary to ensure that it is understandable by all
I ---
persons whose responsibilities are covered by the SOP. The SOP shall be revised as necessary, and shall
be designed to ensure compliance with the NPDES permit and CAWW. tent
'MeSOP and ail subsentien-
I-
revisions shall contain a chart describing for each sprayfield the length ofthe pull, the application rate, and
the angle of trajectory approved in the CAWMP. The SOP shall be sent to EPA within thirty days after
entry of this Consent Decree.
12. D.M. Farms and any Operator shall train all persons whose ob responsibilities are covered
by the SOP on the SOP's requirements within forty-five (45) days after entry ofthis Consent Decree or
before such person(s) is assigned any responsibilities covered by the SOP. D.M. Farms and any Operator
shall notify EPA within fifteen (15) days ofmeeting this initial training obligation or within 15 days of entry
of this Consent Decree, whichever is later. An untrained employee shall not be assigned any responsibilities
covered by the SOP until he or she has been trained on the SOP's requirements. All such training shall
be documented by recording for each person trained the date of each training session and the subjects
covered in the training session. Documents required by this paragraph shall be retained for at least three
years from the date of training or until termination of the Consent Decree, whichever is later.
-7-

13. Within thirty (30) days after entry of this Consent Decree, D.M. Farms and any Operator shall
`install a weatherproof box on each spray reel in use at the Five Farms. D.M. Farms and any Operator shalt
notify EPA within five (5) days ofineeting this obligation. A weatherproof box shall be installed on each
new spray reel prior to its use at the Five Farms. In order to ensure that the SOP and a diagram of spray
patterns can be easily accessed at all times by every person responsible for applying waste, D.M. Farms
and any Operator shall keep a complete, current copy of the SOP and a laminated copy of the map
showing the spray irrigation pattern for each sprayfield in each weatherproof box at all times after
installation of the box. Both the copy of the SOP and the map shall be in good condition.
14. After entry of this Consent Decree, D.M. Farms and any Operator shal-I plant all crops on the
sprayfields at the Five Farms in a pattern that is parallel to the contour ofthe sprayfield unless D.M. Farms
and any Operator can demonstrate that planting in this manner is impracticable due to the crop,.the
equipment being used, and the contour ofthe sprayfield. In those sprayfields where it is impracticable due
to the crop, equipment being used, and the contour ofthe sprayfield to plant the entire sprayfield in a
pattern that is parallel to the contour, D.M. Farms and any Operator, with the equipment used to cultivate
the field, shall: (a) make two adjacent passes ofthe planter within the sprayfield running perpendicularto
the slope at the lowest end ofthe sprayfield, or (b) in fields where the contour ofthe sprayfield moves in
two or more directions, make two adjacent passes ofthe planter running perpendicular to the slope at each
low end of the sprayfield.
15. Within 60 days ofthe entry ofthis Decree, D.M. Farms and any Operatorshall: (1) remove
the metal culvert that leads from sprayfield 22 to the adjacent stream; (2) regrade the area to eliminate the
berm through which the culvert passed and to promote dispersion of stormwater across the vegetation and
-8-

rip rap installed pursuant to this paragraph; (3) install at least 15 feet of rip rap that runs parallel to the
'Veam in the area ofthe former culvert and berm; and (4) install vegetation in the regraded area to serve
asabuffer. D.M. Farms and any Operator shall notify EPA in writing within fifteen days (15) days of
meeting `these obligations or w- -21'uluin 15 days of entry of this Consent Decree, whichever is later.
16. D.M. Farms and any Operator shall not allow waste to reach the surface ofthe areas that are
both described below and identified by shading on the map attached as Appendix 2:
(1) The acres served by former risers 334 and 335 in former sprayfield 1;
(2) The section of former sprayfield 6 that was removed from the Waste
Utilization Plan following the July 10, 1997, discharge;
(3) The northern section of former sprayfield 3;
(4) -The eastern segment of former sprayfield 11 that was served by routine
400,
(5) Former sprayfield 10 in its entirety;
(6) Approximately fifty feet from the northern section offormer sprayfield 8;
(7) The area served by former, riser 270 in former sprayfield 7; and
(R) Tht-.nrPnct-- edbvfrt Arr;cAro')IJ;a"d_)IQnn ly covere-4
--rV TTn www
v 4."A%A %A %"L%� L U
by new risers 33 and 34a in former sprayfield 12.
11iis paragraph is not intended to prohibit the movement of waste caused solely by stormwater runoff, when
that waste was applied in compliance with the NPDES permit and the CAWMP.
17. Within five (5) days after entry of this Consent Decree, D.M. Farms and any Operator shall
remove all cattle and other foraging livestock (except swine) from the Five Farms. Thereafter, D.M. Farms

and any Operator shall not bring any cattle or ether foraging livestock (except swine) onto the Five Farms,
18. The defendants represent that lime has been applied to the sprayfields in accordance with the
recommendation ofthe Agronomic Division ofthe North Carolina Department ofAgriculture (hereinafter
I ME M * #1 M M = M, M G 3 U-M 2 M R Mi, 12 BM
Consent Decree, D.M. Farms and any Operator shall take soil samples from all sprayfields at the Five
Farms and submit them to the Agronomic Division for analysis. Within 60 days ofreceiving Soil Test
Reports analyzing these samples, D.M. Farms and any Operator shall apply lime in the amount
recommended by the Agronomic Division to each sprayfield for which the Agronomic Division
recommended the addition oflime, provided that the amount recommended exceeds 0.5 tons per acre.
D.M. Farms and any Operator shall notify EPA in writing within five (5) days of meeting this initial
obligation. Thereafter, within 60 days of receipt ofa Soil Test Report, the amount oflime recommended
by the Agronomic Division in the report shall be added to the applicable sprayfield(s), provided that the
amount recommended exceeds 0.5-tons per acre. In the event that the amount of lime recommended for
afield in any Soil Test Report exceeds one ton per acre, D.M. Farms and any Operator shall apply no less .
than one ton per acre and no more than two tons per acre within 60 days of the receipt ofthe Soil Test
Report, and the remainder shall be applied one year later. In the event that the amount of lime
recommended fora field in any Soil Test Report plus the remainder from aprior year's recommended
IW Jill
1 1 MOM •�14 I �--
and no more than two tons per acre within 60 days of receipt ofthe Soil Test Report and the remainder
cause the Agronomic Division to fail or forego making a recommendation as to the amount oflime to be
U111

added to adjust the pH of the soil,
19. D.M. Farms and any Operator shall require employees performing spray irrigation on
sprayfields 16 and 48 to set the pump timer so that the pump shuts offat least 15 minutes before the spray
n aA , +
pattem on thlosefield-sm-mm be adjM-wuPUrS11aM+L0 the CAVYYLa and 'a OP Wand the map snlowig the spray
irrigation pattern for each sprayfield. Timers on the pump(s) used to irrigate sprayfields 16 and 48 shall
be marked in 15-minute increments to facilitate compliance with this requirement. The SOP shall identify
all information necessary to complete each spray pattern for sprayfields 16 and 48.
20. D.M. Farms and any Operator shall maintain at least a 60-foot vegetative buffer between the
stream and the outermost edge of the are for the spray pattern where wastewater can be lawfully applied
under the CAWMP at sprayfield 17.
21. D.M. Farms and any Operator shall not resume use of the computer database used to
document spray events from approximately January 1, 1997 through November 3,2000. D.M. Farms and
any Operator shall employ a system that satisfies the recordkeeping requirements of the NPDES permit -
and ensures that the data for the historic spray events is in no way modified when a parameter (e.g., field
acreage) is changed to reflect new operating conditions. D.M. Farms and any Operator shall nottake any
action that results in modifying the data for any historic spray event when a natrwrn I eter(e acreage)
% .,Z, fieldac)
is changed to reflect new operating conditions.
22. D.M. Farms represents that it has moved all above -ground clean out pipes for pressurized
systems to below ground. Such pipes shall remain below ground.
23. In the event ofa violation of paragraphs 9 through 22, D.M. Farms and any Operator upon
discovery shall determine the cause ofthe violation to the extent possible, and shall document the violation

within 10 days after discovery. To the extent possible, the document shall identify the number of days of
---violation,
"olation, the cause ofthe violation, the date when the violation was corrected and manner ofcorrection.
D.M. Farms and any Operator shall retain the document until the Consent Decree is terminated.
Information recorded to meet NPDES permit requirements need not be separately recorded to meet the
requirements of this paragraph.
V11. STIPULATED PENALTIES
24. Stipulated civil penalties shall be paid within thirty (30) days after receiving a written demand
from EPA. D.M. Farms and any Operator shall be jointly and severally liable for all stipulated penalties
Pupil 11111111�!!!111�1
9. Until expiration ofthe United States' right to enforce this Consent Decree, the United States may move
the Court for an award ofcivil penalties for violations ofparagraph 9. In addition, the United States and
EPA retain all rights to seek penalties or additional injunctive relief in this or another action under the CWA
or other federal statutes or regulations, including, but not limited to, criminal punishment under Section
309(c) ofthe Act, 33 U.S.C. § 1319(c). In such a proceeding, the Court may consider any penalties that --
D.M. Farms has previously paid under this Section or paid to the State for the same violation.
25. DM Farms and any Operator shall be subject to the following stipulated penalties for violations
ofparagraphs 10, 13, 15, 17, 18, 21, and 22, other than the obligation in those paragraphs to notify EPA:
-:lumber of days of violation
I through 15
16 through 30
over 30
-12-
Penalty ?er Day, Per Violation
$1,500.

To determine the number of days of violation, each day on which a violation occurs shall be added to all
—other days on which a violation ofparagraphs 10, 13, 15, 17,18,2 1, and 22 occurred during the previous
12 months. For example, a violation ofparagraph 10 would be added to all violations of paragraphs 10,
13; 15, 17, 18, 2t, and 22 occw-rLng d,uring the previous.142 monAlS.
26. D.M. Farms and any Operator shall be subject to the following stipulated penalties for
violations ofparagraph 14: $ 250 per crop per sprayfield per calendar year. A "crop" refers to a single
variety of plant, such as millet or rye.
27. D.M. Farms and any Operator shall be subject to the following stipulated penalties for
violations of paragraphs 11, 12, 16, 19, and 20, other than the obligation in certain ofthese paragraphs to
notify EPA:
Nw,mbu of dwys of violation
I through 15
I. • �M
over 30
Penalty Per Day,. Per Violation
To determine the number of days ofviolation, each day on which a violation occurs shall be added to all
other days during the previous 12 months on which a violation of the same Paragraph occurred. For
example, a violation ofParagraph 11 would be added to all other violations of Paragraph 11 during the
previous 12 months, but not to violations of Paragraph 12.
28. DM Farms and any Operator shall be subject to the following stipulated penalties for
violations ofparagraph 23, and for violating the requirement in paragraphs 10 through 13, 15, and 18 to
notify EPA:
-13-

Number of days of violation Penalty Per Day, Per Violation
I through 15 $100
16 through 30 $150
over 30 $200.
A violation ofparagraph 23 shall occur each time that DM Farms and/or any Operator fails to document
a violation ofparagraphs 9 through 22 with all information required by paragraph 23 within 10 days after
discovery, or fails to retain such documentation. Stipulated penalties shall begin to accrue for any violation
ofparagraph 23 on the date when DM Farms and/or any Operator discovered, or should have discovered
through the use of reasonable care, a violation of paragraphs 9 through 22. Stipulated penalties for
violation ofparagraph 23 shall cease to accrue when the violation is completely documented and the
document has been retained in accordance- with paragraph 23. To determine the number of days of
violation, each day on which a violation occurs shall be added to all other days during the previous 12
months on which a violation of the notice requirements in paragraphs 10 - 13, 15 and 18 occurred, as well
as to any days on which a violation of paragraph 23 occurred.
29. Payment of stipulated civil penalties under this section shall be in addition to any other rights
or remedies which may be available to the United States or its agencies by reason of a failure to comply
with the requirements of paragraphs 9 through 23 this Consent Decree. EPA may, in its sole and
unreviewable discretion, waive all or part of a stipulated penalty.
30. Stipulated civil penalties shall be paid to the United States by submitting a check payable to
"Treasurer, the United States of America," and tendering the check to the United States Attorney for the
Eastern District ofNorth Carolina, The current address for the United States' Attorney's office, Civil
-14-

Division, is 310 New Bern Avenue, Suite 800, Federal Building, Raleigh, North Carolina 27601-146 1.
--Copies of the certified or cashier's check and the transmittal letter shall be sent simultaneously to the
following people:
Chief, Environmental Enforcement Section
United States Department of Justice
Post Office Box 7611
Washington, D.C. 20044-7611
Director, Water Management Division
United States Environmental Protection Agency
Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303.
31. In the event that a stipulated penalty is not paid within 30 days of the written demand for
payment, the stipulated civil penalty shall be paid with interest from the original due date to the date of
payment, at the statutory judgment rate set forth at 28 U.S.C. § 1961 (a).
3-2. Upon request by the United Smat--S, Af'A—t Sll provide -11 non-p
t1'ui�. p.-3ha1 all n information
and documents reasonably calculated to lead to admissible evidence on the issue of compliance with the
Consent Decree. The United States may request information in any form allowed by the Federal Rules of
provided for and in the time frames imposed by the Federal Rules ofCivil Procedure. The discovery rights
provided in this paragraph are in addition to any otherrights available in this Consent Decree or other
-15-

33. Notwithstanding any provision of this Consent Decree, the United States and EPA hereby
—Te-tain all of their information gathering and inspection authorities and rights, including enforcement actions
related thereto, under all applicable statutes or regulations.
IX. DISPUTE RESOLUTION
34. A party shall invoke the dispute resolution procedures of this section by notifying all other
parties in writing ofthe matter(s) in dispute and ofthe party's intention to resolve the dispute underthis
11111 111p•lill ••1 1111 •11 IN I I
days from the date ofthe notice. Notice shall be sent to EPA and the United States in accordance with
Section )GI of this Consent Decree. The period for informal negotiations may be extended beyond thirty
(30) days by written agreement ofthe parties to the dispute. In the event that Citizen Plaintiffs become
parties to this Consent Decree and a dispute arises after the United States' right to enforce this Consent
Decree expires under Section)GH, then Paragraphs 35-37 shall not apply and any unresolved dispute shall
be submitted to the Court for resolution.
35. Ifa dispute cannot be resolved by the parties by the end ofthe period for informal negotiations,
EPA shall provide its position(s) on the issues in dispute. and the reasons therefor in writing to the
defendants. Unless and until overturned or modified by the Court, the defendants shall comply with EPA's
written position(s) on the issues in dispute.
36. The defendants may petition the Court to review EPA's position(s) by filing a motion with the
Courtwithin fifteen (15) days of receiving EPA's written position(s) on the issues in dispute. The petition
shall set forth the nature ofthe dispute with a proposal for its resolution. Within thirty (30) days ofreceiving
a petition filed with the Court pursuant to this paragraph, an
. y opposing party may file a response, which
M.

may include an alternate proposal for resolution of the dispute.
37. The invocation offormal dispute resolution procedures under this Section shall not extend,
postpone or affect in any way any obligation of the defendants under this Consent Decree, unless EPA
agrees too the extension, postponement or et—lect. Stipulated penalties with respect to the disputed matter
shall continue to accrue but payment shall be stayed pending resolution of the dispute. Notwithstanding
the stay of payment, stipulated penalties shall accrue from the first day of noncompliance with any
applicable provision ofthis Consent Decree. In the event that the defendants do not prevail on the disputed
issue, stipulated penalties may be assessed and, if assessed, shall be paid as provided in Section VII
(Stipulated Penalties). In the event that the defendants do prevail on the disputed issue, stipulated penalties
shall not be assessed for the disputed obligation.
38. "Force Majeure" for the purposes of this Consent Decree is defined as an event arising from
and any Operator, including, but not limited to, their consultants and contractors, which delays or prevents
the performance ofan obligation under this Consent Decree, despite their best efforts to fidfill the obligation.
The requirement that D.M. Farms and any Operator exercise "best efforts to fulfill the obligation" includes
using best efforts to anticipate any potential Force Majeure event and best efforts to address the effects of
any potential Force Majeure event (1) as it is occurring and (2) following the potential Force Majeure
event, such that delay is minimized to the greatest extent possible. Force Majeure does not include financial
inability to perform an obligation required by this Consent Decree. Notwithstanding any other provision
in this Consent Decree, Force Mai eure is not a defense to compliance with obligations imposed by the
-17-

Clean Water Act, federal regulations, or applicable permits, even when those obligations are incorporated
—.into this Consent Decree.
39. D.M. Farms and any Operator shall be deemed to know of any circumstance ofwhich they,
or any entity controlled by them, knew or should have known,
40. When circumstances are occurring or have occurred which may delay the completion of any
requirement of this Consent Decree, whether or not due to a Force Majeure event, D.M. Farms and any
Operator shall so notify EPA in writing, with fifteen (IS) days after they learn, or in the exercise of
reasonable diligence under the circumstances should have learned, ofthe delay or anticipated delay. The
notice shall describe in detail the basis for D.M. Farms and any Operator's contention that it experienced
a Force Majeure delay, the anticipated length ofthe delay, the precise cause or causes ofthe delay, the
measures taken orto be taken to prevent orminimi�e the delay, and the timetable by which those measures
will'be implemented. Failure to so notify EPA shall constitute a waiver ofany claim ofForce Majeure as
* A -
to dje event in question. The terms ofthis paragraph do not apply, however, after expiration ofthe United
States' right to enforce this Consent Decree under Section XIII.
41. If EPA finds that a,delay in performance is, or was, caused by a Force Majeure event, EPA
shall extend the time for performance, in writing, for a period to compensate for the delay resulting from
such event and stipulated penalties shall not be due for such period. In proceedings on any dispute
regarding a delay in performance, the dispute resolution provisions of Section IX shall apply, and D.M.
Farms and any Operator shall have the burden of proving that the delay is, or was, caused by a Force
Majeure event, and that the amount ofadditional time requested is necessary to compensate for that event.
The terms of this paragraph do not apply, however, after expiration ofthe United States' right to enforce

this Consent Decree under Section XIII.
42. An extension ofone compliance date based on a particular event shall not automatically extend
another compliance date or dates. D.M. Farms and any Operator shall make an individual showing of
woof regards Z "bSe ^—"aMoofeach delayed nicrementalsIrp or other requirement for which an extension
is sought. D.M. Farms and any Operator may petition for the extension ofmore than one compliance date
in a single request. The terms of this paragraph do not apply, however, after expiration ofthe United
States' right to enforce this Consent Decree under Section XIII.
43. In the event that Citizen Plaintiffs become parties to this Consent Decree and the United States
rights to enforce.this Consent Decree have expired under Section XIII, this paragraph and paragraphs 3 8 .
and 39 shall apply to any claim of Force Majeure made by D.M. Farms or any Operator. If, during this
period, D.M.
.M. rarms and any Operator identify circumstances that are occurring or have occurred that may
I
delay the completion of any requirement of this Consent Decree due to a Force Majeure event, D.M.
Farms and any Operator shall notify Citizen Plaintiffs in writing, within 15 days after they learn, or in the
exercise ofreasonable diligence under the circumstances, they should have learned, ofthe events giving rise
to a Force Majeure event. The notice shall describe in detail the basis ofthe contention that there has been,
4r—
or will be, aForce Maieure., the measures taken or to be taken to prevent orn.-thrurnize its e-11MI and the
timetable by which those measures will be implemented. Within 15 days ofreceiving such a Force Majeure
notice, Citizen Plaintiffs shall inform D.M. Farms and any Operator in writing as to whether they concur
with or challenge the conclusion that the events described in the notice constitute a Force Majeure event.
action is necessary by any party. If Citizen Plaintiffs challenge the conclusion that the events described in
2 01

the notice constitute a Force Majeure event, Citizen Plaintiffs may submit the issue to the Court for a final
whether the event constitutes a Force Mdjuere. An extension of one compliance date based on a particular
I
event shla-11 not automatically extend anomiler compliance date or dates. D.M. Farms and any Operator shall
make an individual showing of proof regarding the cause of each delayed incremental step or other
requirement for which an extension is sought.
XI. CLAIMS RESOLVED IN THE SETTLEMENT
44. Inconsideration ofthe actions that will be performed and the payments that will be made
under the terms ofthe Consent Decree, this settlement resolves the United States' civil claims for violations
raised in the Complaint Amended Complaint, and motions for violations ofthe Clean Water Act occurring
through March 1, 2001 ofwhich the United States had knowledge, and no other claims. This Consent
Decree does not resolve any claims for criminal violations. The United States expressly reserves all rights
to seek a civil penalty under this Consent Decree and any other relief relating to the discharge of waste
water that occurred at the Five Farms on or about March 23, 2001.
XII. FORM OF NOTICE
45. Unless otherwise specified, or as may changed from time to time, all reports, notices, or any
other written communications required to be submitted under this Consent Decree shall be sent to the
following persons at the addresses below:
As to the United States:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
IN

Post Office Box 7611
Washington, D.C. 20044
era Reference DOJ Case No. 90-5-1-1-4436
Chief
Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency,
Region IV
Atlanta Federal Center.
61 Forsyth Street
Atlanta, Georgia 30303
As to defendants:
David Hulbert
D.M. Farms
P.O. Box 1076
Rose Hill, NC 28458
Jeffery B. Turner
Murphy Farms
P.O. Box 759
Rose Hill, NC 28458
Richard E.
— Schwa.. LZ
Crowell & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-2595
Reef C. Ivey 11
Ward and Smith, P.A.
Suite 2400
Two Hanover Square
Fayetteville Street Mall
P.O. Box 2091
Raleigh, NC 27602-2091.
Notifications to or communications with EPA or the Department of Justice shall be, deemed
&M

submitted on the date they are postmarked and sent by certified mail, return receipt requested or deposited
--with an overnight mail/delivery service. Notifications to or communications with the defendants shall be
deemed received three days after the date they are postmarked.
46. D,M. Farms may move that the United States' rights to enforce this Consent Decree have
expired under the terms below. The United States' right to enforce this Consent Decree shall not expire,
however, until the Court finds that the following conditions have been met:
a. There has not been an unpermitted discharge ofpollutants derived from animal waste
from the Five Farms in the twenty-four months immediately preceding the filing ofD.M. Farms' motion
concerning expiration of the United States' rights under this Consent Decree.
b. D.M. Farms has achieved at least 90% compliance with the requirement in Section 11,
Paragraph 14 ofthe NPDES permit to conduct hourly inspections ofthe sprayfields, based solely on the
information contained in the IRR- I forms submitted to the State during the four calendar quarters
immediately preceding the filing of D.M. Farms' motion concerning expiration ofthe United States' rights
under this Consent Decree.
c. There are no continuing or intermittent violations ofthe Consent Decree that warrant
fiirther court supervision under this Consent Decree at the filing of D.M. Farms' motion concerning
expiration of the United States' tights under this Consent Decree.
d. All penalties and accrued interest, if any, have been paid.
e. All pending disputes raised under Section IX have been resolved.
f. All proceedings to resolve an issue under this Consent Decree and to enforce this
IN

Consent Decree have been resolved,
XIV. TERMINATION
47. This Consent Decree may be terminated upon motion by D.M. Farms when all of the
following conditions have been met:
46 above.
a. The United States' right to enforce this Consent Decree has expired under Paragraph
I'M
the Consent Order and Protocol entered herewith and attached as Appendix 1, at least one year has
elapsed since full adjudication ofDefendants'Standing and GwaltneyMotions in Citizen Plaintiffs' favor.
A Q. -M T T-ft d States an -' 'e'- 'ants shall bear their own costs and attorneys fees in this
To I 11c E-JIUM tatz id uie_u lena
action. Should the Court subsequently determine that the defendants have violated the terms and conditions
of this Consent Decree, the defendants shall be liable to the United States for any costs of litigation
(excluding dispute resolution) incurred by the United States in an action against the defendants with respect
to such violations of the Consent Decree.
XV1, EFFECTIVE DATE
49. The effective date of this Consent Decree shall be the date upon which this Consent Decree
is entered by the Court.
50. This Court retains jurisdiction over both the subject matter of this Consent Decree and the
defendants forthe duration ofthe performance of the terms and provisions of this Consent Decree for the
-23-

purpose of enabling any ofthe parties to apply to the Court at any time for such further order, direction,
---and relief as may be necessary or appropriate for the implementation or modification of this Consent
Decree, or to effectuate or enforce compliance with its terms, or to resolve disputes in accordance with
Section IX (Dispute Resolution) hereof
51. Schedules specified in this Consent Decree may be modified by agreement of EPA and the
defendants. All such modifications shall be made in writing.
52. Nothing in this Consent Decree shall be deemed to alter the Court's power to enforce,
supervise or approve modifications to this Consent Decree.
XIX. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT
51 �;—A ty (30' This Consent Decree shall be lodged the Court a I%ju -Irnot less th thirt %J1 A UIar4
III
reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree -
disclose facts or considerations which indicate that the Consent Decree is inappropriate, improper, or
inadequate. Defendants and the Citizen Plaintiffs consent to the entry of this Consent Decree and the
Consent Order and Protocol without further notice, so long as the Court approves and enters both
documents.
-54. Iffe-an ren— th- r^—+ st, u 1A.4 1:
- — "V" %, cc ne to approve this Consent Decree an' fl- C .7 14OU44"I %-ULUI. 110 IOU is L U d lictonsent
Order and Protocol in the form presented, these agreements are void and the terms of the agreements may
not be used as evidence in any litigation between the parties.
me

XX. SIGNATORIES/SERVICE
I. 7't 55. Each undersigned representative of the defendants to this Consent Decree and the
Assistant Attorney General for the Environment and Natural Resources Division ofthe Department of
4
'VAIUL Justice (or his delegate), certifies that he or she is f Lilly authorized enter into the wrills U%j
I - .7 44Z UL
this Consent Decree and to execute and legally bind their respective parties to this document.
SO ORDERED THIS �DAY OF 2001.
Ud States District Judge
L be a oue and C0118d the to;*aq
' l;nnu of(ho
)M.4d NMO,', Cerk
d Stares :9--Ifid COU11
ns D"Swa Of No rNrn&
By e*
-25-

The United States of America hereby agrees to the terms of the foregoing Consent Decree in
United States v. Murphy Farms, Inc., et al.
PI,
JOHN C. CRUDEN
Acting Assistant Attorney General
Environment and Natural Resources Division
0 A
AT KER B. SM1TH
Principal Deputy Chief
Environmental Enforcement Section
�AUL G. WOLFTEI(--�H
Senior Counsel
Environmental Enforcement Section
U.S. Department of Justice
Box 7611
Washington, D.C. 20044
i202, 1 5 14 - 3 4 82 -1 A 4�
JOHN STUART BRUCE
United States Attorney
310 New Bern Avenue
Suite 800 -
Federal Building
Raleigh, North Carolina 27601-1461

The United Srzncs of America hereby aLrees to the terins of the foreL-oilw Consent Decree
States v. Murphly Farms. hir- et (11.
On helialf of the United States Environmental
Protection Agency
0 115
WN
PH Is HARRIS
st
Relgal "Counsel
U.S. EPA Reuion 4
�Z&
WILLIANI B. BUSH, JR.
Associate Regional COLIIIsCl
U.S. EPA Region 4

The United State:, of Amclrl-cu herehy acres to the testis of the foregoing, Consent Decree
-in United States v. AlurphY Forms- Inc., ct (11.
- � &,-L
On Iichalf of the United States Environmental
Protection Agenq
SYLYXKILOWRANCE
I/ I
Actin ly Assittant Administrator
Offic of forcen-w-nt Compliance Assurance
United States Envir nmentud Protection Agency

Citizen Plaintiffs have reNiewed and do not object to the entry of the Consent Decree between
the defendants and the United Rtir-q in con'p—inction with the ent.ry ootf the Consent Order and Prow —I
between the defendants and the Citizen Plaintiffs.
On behalf of the American Canoe Association. Inc.: Prol'Cssimial
Paddlesports Association; and Conservation Cuuncil of Noi-th
Carolina
Date:
Carolyn SmVi Pravlik
Terris, Pravlik & Millian, LLP
1121 12'h Street, N.W.
Washington, D.C. 20005
202-682-2100
Counsel for Citizen Plaintiffs

Defendants Murphy Farms, Inc. and D.M. Farms of Rose Hill, L.L.C. hereby agree to the
-11r � - 4k
terms of and bind themselves to the foregoing Consent Decree in United States v. Murphy Farms,
Inc., et al.
On behalf of Murphy Farms, Inc. and D.M. Farms
of Rose Hill L.L.C.
Date:

Since it appears that Appendix I and 2 from the Consent
Decree and Appendix A from the Consent Order and Protocol
have previously been served on counsel for plaintiffs and
defendants, the Deputy Clerk will not serve these items again
with the Consent Decree and/or Consent Order and Protocol
that the court has entered in this case on October 1, 2001 and
filed in the Wilmington Division Clerk's Office on October 2,
2001.
If any party needs these items, please request them from the
Clerk's Office in Wilmington at [phone]. Thank you.
0

10
1>
r
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
U
L
XI��`ERIC E ASS'N, INC., PROFESSIONAL ... '7:
P TS ASSN,,td CONSERVATION *1
L OF NORTH CA
laintiffis, ) Civil Action No' -
and ) Civil Action No. 7:98-CV- I 9-F(l)
) Civil Action No. 5:98-CV-209F(1)
THE UNITED STATES OF AMERICA
Plaintiff -Intervenor,
V.
MURPHY FARMS, INC. d/b/a MURPHY FAMILY
FARMS and D.M. FARMS OF ROSE HILL, L.L.C.
Defendants.
After notice to the United States Environmental Protection Agency and the North Carolina
Department of Environment and Natural Resources, the American Canoe Association, the
Professional Paddlesports Association and the North Carolina Conservation Council (hereafter
"Citizen Plaintiffs") filed this suit pursuant to Section 505 of the Clean Water Act, 313 U.S.C. 1 3 365.
Citizen Plaintiffs alleged that Defendants discharged pollutants to waters of the United States from
a large-scale swine operation in Sampson County, North Carolina, in violation of the Clean Water
Act. Defendants denied the allegations. Citizen Plaintiffs seek penalties and injunctive relief for
Lt1ese v : -+.---
The United States of America, on behalf of the United States Environmental Protection
Agency, moved to intervene as a plaintiff on November 19, 1998. Its motion was granted on
December 22, 1998.
On December 22, 1998, the Court granted Citizen Plaintiffs' motion for partial summary

judgment and granted in part their motion for a preliminary injunction. The United States joined in
-7t 'ose motions. The Court found that Defendants unlawfully discharged swine waste from the
Magnolia 4 Sow Farm ("Mag 4") into navigable waters of the United States in November 1996 and
July 1997. The Court ordered Defendants to apply to the State of North Carolina for a National
Pollutant Discharge Elimination System ("NPDES") permit covering the Mag, 4 farm. Defendant
D.M. Farms submitted an application on December 31, 1998.
On January 15, 1999, Defendants filed an appeal of the December 22, 1998 Order.
On January 20, 1999, Citizen Plaintiffs moved the Court to require Defendants to submit an
NPDES permit application that covered Mag 4 and four other farms known as Melville I & 2, Dell,
and D.M. Section I Site 4 (the "Five Farms"). The United States joined in the motion. On May 4,
Five Farms on June 9, 1999.
�iIN11411111 !''11111F
grounds of mootness by the Court of Appeals for the Fourth Circuit.
On June 21, 2 .000, the State of 'North Carolina issued an NPDES permit covering the Five
Farms. D.M. Farms and Citizen Plaintiffs filed contests to the terms of the permit. Their contested
cases were settled and a final, effective NPDES permit for the Five Farms was issued on March 19,
2001,
Under the Court's scheduling order, Defendants filed a Motion for Reconsideration of
Declaratory Judgment on Standing {filed March 6, 200 1)(hereafter "Defendants' Standing Motion)
and a Motion for Summary Judgment against Citizen Plaintiffs under the GwaltneyTest (filed March
2

I ,
5,200 1)(hereafter "Defendants' Gwaltney Motion)." At the pretrial conference. the Partiesinformed
--0-40'1
the Court that they negotiated a settlement of the merits of this action, including injunctive and civil
penalty relief, but agreed that Citizen Plaintiffs' participation in that settlement would be conditioned
on their ultimate success on the issues presented by Defendants' Standing and Gwaltney Motions.
The Parties have agreed that the injunctive and other relief set forth in the Consent Decree
between the United States and Defendants, which is attached hereto as Appendix A, should not be
delayed by resolution of Defendants' Standing and Gwaltney Motions. The Defendants and the
Citizen Plaintiffs have proposed and the Court adopts a procedure that will allow for resolution of
the issues presented by Defendants' Standing and Gwaltney Motions without delaying the relief set
forth in the Consent Decree between the United States and Defendants.
NOW, THEREFORE, it is hereby Ordered:
In the event that, after all levels of judicial review have been completed, Citizen
Plaintiffs' complaints are not dismissed for lack of Article III standing or under Gwaltney, Citizen
Plaintiffs shall automatically become parties to the Consent Decree between the United States and - .
Defendants retroactive to the date on which the Consent Decree was entered provided however, that
Citizen Plaintiffs are not entitled to seek further relief under the Consent Decree for violations
occurring before full adjudication of Defendants' Standing and Gwaltney motions. As a party to
the Consent Decree, Citizen Plaintiffs shall have full rights to enforce all terms and conditions of the
Consent Decree, except as follows:
(a) Citizen Plaintiffs shall not have the right to demand navment of ztiniflqtP-d
"u"laiineyrefers toGwaltney ql6'i7iithjicld, Ltd. v. Chesapeake Bay Foundation, 484 U.S. 49 (1987).
3

penalties under Section VIf of the Consent Decree;
(b) In lieu of the information gathering rights available to the United States and EPA
in Section VIII of the Consent Decree, Citizen Plaintiffs shall have all rights of discovery afforded
them under the Federal Ries of Civil Procedure; and
(c) Citizen Plaintiffs shall not be subject to Section XV of the Consent Decree
regarding litigation costs.
Although they may not demand payment of stipulated penalties, Citizen Plaintiffs shall have the
right to seek the imposition of civil and/or contempt penalties in any proceeding brought by them
to enforce the terms and conditions of the Consent Decree.
2. In the event that Citizen Plaintiffs become parties to the Consent Decree, the Consent
Decree resolves all of the claims, except the claim for litigation costs, raised by Citizen Plaintiffs in
their Complaints, Amended Complaints and motions for violations ofthe Clean Water Act occurring
through March 1, 2001 of which Citizen Plaintiffs had knowledge. In the event that Citizen
Plaintiffs become parties to the Consent Decree, Citizen Plaintiffs expressly reserve all rights to seek - ,
-
a civil penalty under the Consent Decree and any other relief relating to the discharge of wastewater
that occurred at the Five Farms on or about March 23, 2001.
3. Upon entry of this Order and the Consent Decree, there shall be no litigation of issues in
this case other than Defendants' Standing and Gwaltney Motions, litigation costs and any issues
necessary to enforce the terms and conditions of the Consent Decree. Prior to the full adjudication
of the Defendants' Standing and Gwaltney Motions, Citizen Plaintiffs may obtain discovery, attend
and participate in depositions, and attend and participate in hearings or other proceedings, such as
motions and oral arguments, in, any enRurice-innent action brought by the United States under the
4
wa

Consent Decree to the extent that the issues involved are relevant to the Article III standing and/or
Gwaltney issues. Prior to the full adjudication of Defendants' Standing and Gwaltney Motions,
Citizen Plaintiffs shall have the right to obtain discovery and to seek any finding of fact or
conclusion of law for any alleged violation relevant to the Article III standing and/or Gwaltney
issues, Such discovery shall be limited to events occurring after September 29,2000, but, if relevant,
may address the relationship of such events to events occurring prior to that date. If necessary, the
Court will resolve any dispute over the relevancy of the discovery.
4. Prior to the full adjudication of Defendants' Standing and Gwaltney Motions, Citizen
Plaintiffs shall not file an application for an award of their litigation costs, including attorneys' fee-,
and expert witness' fees, pursuant to Section 505(d) of the Act, 33 U.S.C. 1365(d). The
requirements of Rule 54(d) of the Federal Rules of Civil Procedure and Rule 28 of the Local Rules
are hereby suspended until Citizen Plaintiffs are permitted to file an application pursuant to this
paragraph.
5. Defendants, by their consent to the entry of this Order: (a) waive all defenses that they
might have asserted as to Citizen Plaintiffs' right to the relief set forth in the attached Consent
Decree, except for the defenses set forth in Defendants' Standing and Gwaltney Motions; (b) waive
all defenses that they might have asserted as grounds for the dismissal of Citizen Plaintiffs' claims
now or in the future that rely in whole or in part on entry of the attached Consent Decree, including,
but not limited to, res judicata, collateral estoppel and preclusion pursuant to Sections -3 )09(g) and
-fir
DUD of the Clean 'Water Act; (c) maintain their right to challenge the proof of any alleged violation,
including any violation alleged in the future, during the adjudication of Defendants' Standing and
5
I

Gwaltney Motions; (d) maintain their right to challenge the litigation costs sought by Citizen
D—:
I IcUnL111b On any ground except th ase set forth in subparagraphs (a) and (b) of this paragraph; and
(e) shall not reassert standing or Gwaltney as a defense to Citizen Plaintiffs' claims after final
adjudication of Defendants' Standing and Gwaltney Motions. The Court will not entertain any
defense that has been waived through Defendants' consent to the entry of this Order.
6. For purposes of this Order, the term full or final adjudication shall mean adjudication
through all levels of judicial review.
7, This Order is contingent on the Court's acceptance and entry of the Consent Decree
between the United States and Defendants. If the Court for any reason fails to enter the Consent
Decree in the form set forth in Appendix A, all provisions of this Order shall automatically be null
and void and the terms of this Order may not be used ,as evidence in any Ilitigation between the
parties.
SO ORDERED.
This the I day of 2001.
N 6
Q n
T A -kAPk C FOY
a
C,
UtY6 States District Court 4
BY CONSENT: /� 1� X
Richard E. Schvjaf�Lz
Robert C. Davis, Jr.
Sarah L. Seager
Crowell & Moring
1001 Pennsylvania Avenue, NW
Washington, D.C. 20004-2595
xt,CiVI'T n A,
y Ajol'" ul' I- -z 1.
2 Hann(Uer Square
Fayetteville Street Mall
Suite 2400
Raleigh, NC 27602-2091
A

M
Carolyn Smith Pravlik
Amy K. Kendall
Terris, Pravlik & Millian, LLP
1121 12th Street, NW
Washington, D.C. 20005
For Citizen Plaintiffs
N
I PAW,
qeprB. Gilbert
McNeil & Gilbert
824 Gum Branch Road
Suite U
Jacksonville, NC 28540
For Citizen Plaintiffs

NOTICE
Since it appears that Appendix 1 and 2 from the Consent
Decree and Aimendix A ftom the Consent Order and Protocol
A %-- U W %0 W A.
have previously been served on counsel for plaintiffs and
defendants, the Deputy Clerk will not serve these items again
with the Consent Decree and/or Consent Order and Protocol
that the court has entered in this case on October 1, 2001 and
shied ,, + p TX 7 * --4-on Division Clers cJZIlce on October 2
.L.1ed -L-LL the %,v ilmi.UgL "I I I
2001.
If any party needs these items, please request them from the
Clerk's Office in Wilmington at [phone]. Thank you.
0

f
got
rile �UNITED STATES DISTRICT COURT 1
i NW, 2
EASTERN DISTRICT OF NORTH CARGLII�A
P
�t�RIC E ASS'N, INC., PROFESSIONAL
P TS ASS'N, 4(d CONSERVATION
1, OF NORTH CA LIMA L
laintiffs, Civil Action Ncr:7- 7'4-tV -4-F( I --I j.
and Civil Action No. 7:98-CV-1 9-F(l)
Civil Action No. 5:98-CV-209F(1)
THE UNITED STATES OF AMERICA
Plaintiff -Intervenor,
V.
J x
MURPHY FARMS, INC. d/b/a MURPHY FAMILY .9�
FARMS and D.M. FARMS OF ROSE HILL, L.L.C.
Defendants.
CONSENT ORDER AND PROTOCOL
After notice to the United States Environmental Protection Agency and the North Carolina
Department of Environment and Natural Resources, the American Canoe Association, the
Professional Paddlesports Association and the North Carolina Conservation Council (hereafter
"Citizen Plaintiffs") filed this suit pursuant to Section 505 of the Clean Water Act, 333 U.S.C. 13365-
Citizen Plaintiffs alleged that Defendants discharged pollutants to waters of the United States from
a larp-e-scale swine operation in Sampson County, North Carolina, in violation of the Clean Water
Act. Defendants denied the allegations. Citizen Plaintiffs seek penalties and injunctive relief for
Usese vi ativMa.
The United States of America, on behalf of the United States Environmental Protection
Agency, moved to intervene as a plaintiff on November 19, 1998. Its motion was granted on
December 22, 1998,
On December 22, 1998, the Court granted Citizen Plaintiffs' motion for partial summary

judgment and Q7anted in part their motion for a preliminary injunction. The United States joined in
M -
-7t ' se motions. The Court found that Defendants unlawfully discharged swine waste from the
Magnolia 4 So-,,,- Farm ("Mag 4") into navigable waters of the United States in November 1996 and
-'ere' Defendants to apply 'o "e State July Y11 I lie ou, L oi LL U Defendants U LU LIM OUALV UI INULL11 I—aI01111a 101 a NaE1011al
Pollutant Discharge Elimination System ("NPDES") permit covering the Mag 4 farm. Defendant
D.M. Farms submitted an application on December 31, 1998.
On January 15, 1999, Defendants filed an appeal of the December 22, 1998 Order.
On January 20, 1999, Citizen Plaintiffs moved the Court to require Defendants to submit an
NPDES permit application that covered Mag 4 and four other farms known as Melville I & 2, Dell,
and D.M. Section I Site 4 (the "Five Farms"). The United States joined in the motion. On May 4,
1999, the Court issued an order granting the motion. D.M. Farms submitted an application for the
Five Farms on June 9, 1999.
On March 29- 2000- Defendants' anneal was dismissed in nart and remanded in nart on
I- - - - - I --- - - - --- I- - - - - - --- I- --- - -
grounds of mootness by the Court of Appeals for the Fourth Circuit.
.1% V 21 2000 he State of"orth Carolina issue' anpermit covering the F On June -1, 2000, the S I IN a IIqrLJr_IJ n rive
Farms. D.M. Farms and Citizen Plaintiffs filed contests to the terms of the permit. Their contested
cases were settled and a final, effective NPDES permit for the Five Farms was issued on March 19,
it
Under the Court's scheduling order, Defendants filed a Motion for Reconsideration of
Declaratory Jud=nent on Standing (filed March 6, 200 1)(hereafter "Defendants' Standing Motion)
C�
and a Motion for Summary Judgment against Citizen Plaintiffs under the Gwaltney Test (filed March
N

5, 200 1 )(hereafter "Defendants' Gwa/117ey Motion).!` At the pretrial conference. the Parties informed
the Court that they negotiated a settlement of the merits of this action, including injunctive and civil
penalty relief, but agreed that Citizen Plaintiffs' participation in that settlement would be conditioned
on their ultimate success on the issues presented by Defendants' Standing and Gwaltney Motions.
The Parties have agreed that the injunctive and other relief set forth in the Consent Decree
between the United States and Defendants, which is attached hereto as Appendix A, should not be
delayed by resolution of Defendants' Standing and Gwaltney Motions. The Defendants and the
Citizen Plaintiffs have proposed and the Court adopts a procedure that will allow for resolution of
the issues presented by Defendants' Standing and Gwaltney Motions without delaying the relief set
forth in the Consent Decree between the United States and Defendants.
NOW. T14FREFORP.- it ishereby Ordered:
I I. In the event that, after all levels of judicial review have been completed, Citizen
Plaintiffs' complaints are not dismissed for lack of Article III standing or under Gwaltney, Citizen
Plaintiffs shall automatically become parties to the Consent Decree between the United States and -
Defendants retroactive to the date on which the Consent Decree was entered provided however, that
Citizen Plaintiffs are not entitled to seek further relief under the Consent Decree for violations
occurring before full adjudication of Defendants' Standing and Gwaltney motions, As a party to
the Consent Decree, Citizen Plaintiffs shall have full rights to enforce all terms and conditions of the
Consent Decree, except as follows:
(a) Citizen Plaintiffs shall not have the right to demand payment of stipulated
1" GivallneY refers to Gwaltney qfSnfithfield, Ltd. v, Chesup'eake, Bay Foundation, 484 U.S. 49 (1987).
N

penalties under Section VII of the Consent Decree;
(b) In lieu of the information gathering rights available to the United States and EPA
in Section VIII of the Consent Decree, Citizen Plaintiffs shall have all rights of discovery afforded
them under the Federal Rules of Civil Procedure; and
(c) Citizen Plaintiffs shall not be subject to Section XV of the Consent Decree
regarding litigation costs.
Although they may not demand payment of stipulated penalties, Citizen Plaintiffs shall have the
right to seek the imposition of civil and/or contempt penalties in any proceeding brought by them
to enforce the terms and conditions of the Consent Decree.
2. In the event that Citizen Plaintiffs become parties to the Consent Decree, the Consent
Decree resolves all of the claims, except the claim for litigation costs, raised by Citizen Plaintiffs in
their Complaints, Amended Complaints and motions for violations of the Clean Water Act occurring
through March 1, 2001 of which Citizen Plaintiffs had knowledge. In the event that Citizen
Plaintiffs become parties to the Consent Decree, Citizen Plaintiffs expressly reserve all rights to seek -
a civil penalty under the Consent Decree and any other relief relating to the discharge of wastewater
that occurred at the Five Farms on or about March 23, 2001.
3. Upon entry of this Order and the Consent Decree, there shall be no litigation of issues in
this case other than Defendants' Standing and Gwaltney Motions, litigation costs and any issues
necessary to enforce the terms and conditions of the Consent Decree. Prior to the full adjudication
of the Defendants' Standing and Gwaltney Motions, Citizen Plaintiffs may obtain discovery. attend
and participate in depositions, and attend and participate in hearings or other proceedings, such as
motions and oral arguments, in any enforcement action brought by the United States under the
4
a

Consent Decree to the extent that the issues involved are relevant to the Article III standing and/or
. r I
Gwaltney issues. Prior to the full adjudication of Defendants' Standing and Gwaltney Motions,
Citizen Plaintiffs shall have the right to obtain discovery and to seek any finding of fact or
conclusion of law for any alleged violation relevant to the Article III standing and/or Gwaltney
issues. Such discovery shall be limited to events occurring after September 29,2000, but, if relevant,
may address the relationship of such events to events occurring prior to that date. If necessary, the
Court will resolve any dispute over the relevancy of the discovery.
4. Prior to the full adjudication of Defendants' Standing and Gwaltney Motions, Citizen
Plaintiffs shall not file an application for an award of their litigation costs, including attorneys' fees
and expert witness' fees, pursuant to Section 505(d) of the Act, 33 U.S.C, 1365(d). The
requirements of Rule 54(d) of the Federal Rules of Civil Procedure and Rule 28 of the Local Rules
are hereby suspended until Citizen Plaintiffs are permitted to file an application pursuant to this
paragraph.
5. Defendants, by their consent to the entry of this Order: (a) waive all defenses that they --
might have asserted as to Citizen Plaintiffs' right to the relief set forth in the attached Consent
Decree, except for the defenses set forth in Defendants' Standing and Gwaltney Motions; (b) waive
all defenses that they might have asserted as grounds for the dismissal of Citizen Plaintiffs' claims
now or in the future that rely in whole or in part on entry of the attached Consent Decree, including,
but not limited to, res judicata, collateral estoppel and preclusion pursuant to Sections 309(g) and
505 of the Clean Water Act; (c) maintain their right to challenge the proof of any alleged violation,
including any violation alleged in the future, during the adjudication of Defendants' Standing and
0

Gwaltney Motions; (d) maintain their right to challenge the litigation costs sought by Citizen
Plaintiffs on any ground except those set forth in subparagraphs (a) and (b) of this paragraph; and
(e) shall not reassert standing or Gwaltney as a defense to Citizen Plaintiffs' claims after final
adjudication of Defendants' Standing and Gwaltney Motions. The Court will not entertain any
1111111111 1111 i 1111111 1 1 1111111 lillill Jill
6. For purposes of this Order, the term full or final adjudication shall mean adjudication
through all levels of judicial review.
7. This Order is contingent on the Court's acceptance and entry of the,Consent Decree
between the United States and Defendants. If the Court for any reason fails to enter the Consent
Decree in the form set forth in Appendix A, all provisions of this Order shall automatically be null
and void and the terms of this Order may not be used as evidence in any litigation between the
This the I Id day of 2001.
BY CONSENT:
Richard E. Schvedm,
D"ert C. Davk, T-
I *1%J V A 41 %- 1-1 L .11.
Sarah L. Seager
Crowell & Moring
1001 Pennsylvania Avenue, NW
Washington, D.C. 20004-2595
UTFOX
C States District Court
0
Fayetteville Street Mall
Suite 2400
Raleigh, NC 27602-2091

tarolyn 9mith" Pravlik
Am K. Kendall
Xendall
. I - ----
Terris, Pravlik & Millian, LLP
1121 12th Street, NW
Washington, D.C. 20005
For Citizen Plaintiffs
64ep6B. Gilbert
McNe
il & rIN110-rt
824 Gum Branch Road
Suite U
Jacksonville, NC 28540
For Citizen Plaintiffs

NOTICE
Since it appears that Appendix I and 2 from the Consent
Decree and Appendix A from the Consent Order and Protocol
have previously been served on counsel for plaintiffs and
defendants, the Deputy Clerk will not serve these items again
with the Consent Decree and/or Consent Order and Protocol
that the court has entered in this case on October 1, 2001 and
filed in the Wilmington Division Clerk's Office on October 2,
2001.
If any party needs these items, please request them from the
Clerk's Office in Wilmington at [phone]. Thank you.
-jcc

Ell �ii 1�
PA Ry 4 M-cj)��Il
tit
I LIM
pillfo ki*,�
aL
I
........ ...
J
�4A
uotm
. . . . . . . . . . . . . . . . .
t wl
FJW ,*i
--R- um 9
.......... . ..
I�w, *igm Atmw
....... .. .
Comments

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor FEB 2 2001
William G. Ross Jr., Secretary t. ij
Kerr T. Stevens, Director
DM FARMS
4750 WAYCROSS ROAD
MAGNOLIA, NC 284537
Dear Sirs:
CDENR
NoRTm CARoumA DF-PAFrrmE:NT op
ENVIRONMENT AND NATURAL ResouRcEs
January 29, 2001
CERTIFIED MAIL
Assessment of Civil Penalties for
Violations of GS 143.215.1 and 15A
NCAC 214.0217
DM Farms
Farm #82-77
Sampson County
File No. PC 00-046
This letter transmits notice of a civil penalty assessed against the D. M. Farms of Rose
Hill, L.L.C. in the amount of $15,136.38 including $136.38 in investigative costs. Attached is a
copy of the assessment document explaining thliS Ple.-t—alt.7r.
r� -- the
action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
mail be the subject of an new enforcement action, -Including art audd-Itlional penalty.
Within thirty days of receipt of this notice, you must do one of the followin0g:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiverform).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
,Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #521-01-01 Raleigh, NC 27699-1617
An Equal OpporrunitylAfflmative Action Employer
50% recycled / 10% post-constimer paper
hrrp:1170o. enrstateatc. iss

Please submit payment to the attention of.,
Mr. Joe Albiston
NCDENR
DWQ
1617 XA-4 Ser-rJi .- =Center
Raleigh, North Carolina 27699-1617
M
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Joe Albiston
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
C�
Kfl
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing-. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
C�
150B of the North Carolina General Statutes. You must file your original petition
with the;

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
FM4
Mail or hand -deliver a Copy of the petition to:
% 4-. Dan '" Lawhorn
10A Eoan vic
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within.thijjy days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALITIES AGAINST
PERMIT NO.
Having been assessed civil penalties totaling
rs
COMMISSION
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO:
1m;
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, . the undersianed, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of 20—.
SIGNATURE
0 10 61 1-3
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF EN-VI—RONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
IN THE MATTER OF
D. M. FARMS OF ROSE HILL, L.L.C.
FINDINGS AND DECISION
FOR VIOLATION OF AND ASSESSMENT OF
15A NCAC 2H .0217 AND CIVIL PENALTIES
N.C.G.S 143-215.1
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. D. M. Farms of Rose Hill, L.L.C. is a corporation organized and existing under
the laws of the State of North Carolina.
B. D. M. Farms of Rose Hill, L.L.C. owns and operates DM Farms, a swine animal
operation located along State Road 1943 in Sampson County.
C DM Farms was deemed to be p,ern-h;tt.,4 — � -clarge on r: I-ruary I
non," I�Aj 11 11 Ly I-eb
1993 in accordance with 15A NCAC 2H .0217. A deemed permitted facility is
not allowed to discharge waste to waters of the State.
C�
D. An approved certified animal waste management plan is required by 15A NCAC
2H .0217 as a condition of being deemed permitted. A waste utilization plan is a
required component of the certified animal waste management plan per G.S. 143-
215. 1 OC(e).
E. Item #7 of the waste utilization plan for DM Farms states "Liquid waste shall be
applied at rates not to exceed the soil infiltration rate such that runoff does not
occur offsite or to surface waters and in a method which does not cause drift from
the site during, application. No ponding should occur in order to control odor or
flies."

F. On February 5, 2000, DWQ staff inspected DM Farms and observed wastewater
ponded in the sprayfield. Staff also observed wastewater runoff from the
sprayfield.
G. Item #9 of the was ' te utilization plan for DM Farms states in part "Animal waste
shall be applied on actively growing crops in such a manner that the crop is not
covered with waste to a depth that would inhibit growth."
H. On February 5, 2000, DWQ staff inspected DM Farms and observed that waste
had ­ I � field — . ...
been applied to a spray that did not have an actively growing crop.
I. The cost to the State of the enforcement procedures in this matter totaled $136.38.
Based upon the above Findings of Fact, I make the following:
11, CONCLUSIONS OF LAW:
A. D. M. Farms of Rose Hill, L.L.C. is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215. 1.
C. The above -cited pondinIg and runoff of animal waste is a violation of the 15A
NCAC 2H .0217 nondischarge deemed permit and G.S. 143-215. 1.
Z� -
D. The above -cited waste application to non -actively growing crops is a violation of
the 15A NCAC 2H .0217 nondischar-e deemed permit and G.S. 143-215. 1.
E. D. M. Farms of Rose Hill, L.L.C. 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 may be assessed
against a person for failing to act in accordance with the terms, conditions or
requirement of a permit required by G.S. 143-215. 1.
F. The State's enforcement costs in this matter may be assessed against D. A Farms
of Rose Hill, L.L.C. pursuant to G.S. 143-215,3(a)(9) and G.S. 143B-282. I (b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
C�
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
F_
LINEEN904jarom
AccnrdinL7]v, D, M, Farms of Rose-, Hill T. I � r. is T%Pnnitv r%f-
$ \c�'InQQ C!%C�o for over application of animal wasteAviolation of 15A
NCAC 2H .0217 and G.S. 143-215. 1.
$ n it A-U-0-fL for waste application to non -actively growing crops in
violation of 15A NCAC 2H.0217 and G.S. 143-215. 1.
$ N. C;,% Q en M TOTAL CIVIL PENALTY, which is _,__g percent of
the maximum penalty authorized by G.S. 143-215-6A.
$136.38 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. 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 nr on air niinlitv-
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
2--n-ON
(Date) Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF WAKE
D. M. FARMS OF ROSE HILL, L.L.C.
Petitioner,
v�
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent,
ADMINISTRATIVE HEARINGS
0 1 EHR 03180
RESPONDENT'S PREHEARING
S"A"K.,"w"r—
al I Z]VIM1141
NOW COMES the Respondent in this contested case, and enters the following
PREHEARING statement.
1. Issues, statutes, rules, legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or
jurisdiction, acted erroneously, acted arbitrarily and capriciously, or failed to act as required by
law or rule in assessing a -civil penalty in the amount of $15,000.00 plus $136.38 in investigative
costs, against D. M. Farms of Rose Hill, L.L.C. [hereinafter, Petitioner]. ,
B. Statutes, Rules, Legal Precedents: This contested case involves violations'of N. C.
Gen. Stat. § 143-215.1 with a penalty assessment based on the requirements of 15A NCAC_
2H.0217 and N.C. Gen. Stat. § 143-215.6A, and the factors set forth in N.C. Gen. Stat, §§ 143-
215.3(a)(9) and 14313-282. 1 (b)(8).

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

8. Respondent will be ready for hearing in this case by July 23, 2001, subject to the
confirmation of availability of witnesses.
This the day of April, 2001.
ROY COOPER
Attorney General
By: Mary Dee iCarraway
Assistant Attorney General
State Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone] -
EP/47523/wp6.1

CERTIFICATION OF SERVICE
The undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearing Statement on the Attorney for the Petitioner by
depositing a copy in the United Sates Mail, first class postage prepaid, addressed as follows:
Reef C. Ivey 11, Esq. & Laura B. Gengo, Esq.
The Sanford Holshouser Law Firm
This the day of April, 2001.
ROY COOPER
Attorney General
By 11 it
Mary . Carraway
Assistant Attorney General
State - Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

04/03/2001 15:54 919-733-0059 NDN-DISCHARGE COMP - PAGE 02
STATE OF NOR77i CAROLINA' NORTH CAROLJNA
DEPARTMENT OF ENVIRONMENT
COtTNTY OF SA24PSON NATURAL RESOURCES
IN TBE MATTER OF
D, M. FARMS OF ROSE MLL, L.L.C.
FINDINGS AND DECISION
FOR VIOLA77ON Of AND ASSES&MENT OF
15A NCAC 2H.0217 AND CfVTL PENALTIES
N.C.G.S 143-215.1
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
T =A r-T-
X
A. D. M. Farms of Rose Mll, L.L.C. is a corporation organized and existing under
the laws of the State of North Carolina.
B. D. M. Furns of Rose Hill, L.L.C. owns and operates DM Farms, a swine animal
operation located along State Road 1943 in Sampson County.
C. DM Fari= was deemed To be permitted as a nondischarge facility on February 1,
1993 in accordance with. 15A NCAC 2H.0217. A deemed permitted facility is
not allowed to discharge waste to waters of the ,State_
D. An approved certified animal waste management plan is required by 15A NCAC
2H.0217 as a condition of being deemed permitted. A waste utilization plan is a
required component of the certified animal waste management plan per G.S. 143-
215. 1 OC(e)-
]E. Item -#7 of the waste utilization plan for DM Farms states "Liquid waste shall be
applied at rates not to exceed tbe soil infiltration rate such that runoff does not
occur offsite or to surface wafers and in a method which does not cause drift from
the site during application. No pon4ing should occur in order to control odor or
flies."

04/03/2001 15:54 919-733-0059 NON -DISCHARGE COMP PAGE 03
F. On February 5, 2000, DWQ staff inspected D.M farms and observed wastewater
ponded in the sprayfield. Staff also observed wastewater runoff from the
sprayfield.
G. Itom. 09 of the wasto utilization plan for DM Farms states in pan -Animal waste
shall be applied on actively growing crops in such a manner that the crop is not
covered with waste to a depth that would inhibit growth."
H. O­_ February 41, 2UMV, DWG.,( staffi inspected DIM Farms and observed that waste
. had been applied to a spray field that did not have an actively growing crop.
I. The cost to the State of the enforcement procedures in this matter totaled S136.38.
Basest upon the above Findings of Fact, I make the following:
D. CONCLUSIONS OF LAW:
A. D. M_ Farms of Rose Hill, L.L.C. is a "person" within -the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A XCAC 2H.0217 and G.S. 143-215.1,
C. The above -cited ponding and runoff of animal waste is a violation of the 15A
NCAC 2M.0217 nondisebarge deemed permit and G.S. 143-215.1.
D. The above -cited waste application to non -actively growing crops is a violation of
the 15A NCAC 2M.0217 nondischarge deemed permit and G.S. 143-215.1.
E. D, M. Farms of Rose HLU, L.L.C. 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 may be assessed
against a person for falling to act in accordance with the terms, conditions or
requirement of a permit required by G.S. 143-215. 1.
F. The State's enforcement costs in this matter may be assessed against D. M. Farms
of Rose Hill, L.L.C. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282. 1 (b)(8).
G. The Director, Division of Water Quality, pursuant to -delegation Provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

04/03/2001 15: 54 919-733-0059 NON -DISCHARGE COMP PAGE 04
Based upon the above Findings of Fact and Conclusions of Law, I make the following-.
Accordingly, D, M. Farms of Rose Hill, L.L.C. is hereby assessed a civil Malty of
Qnoal - z a for over application of animal waste violation of 15A
NCAC 2.U.0217 and G.S. 143215. L
$ for waste application to nou-actively growing crops in
violation of 15A NCAC 2H -0217 and G.S. 143-215. 1.
$ NS loon. GO- TOTAL CTVIL PENALTY, which is __SC_, percent of
the maximum penalty authorized by G.S. 143215.6A.
$ S136.38 Enforcement costs
PA
11,111�miijjp
_1L I - � i
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of hazm 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 ?dr qual—fry;
(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 prom -arts
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

r
t

yr_ e • ' ' � J� _���_ �°, �-{'.Ze Mr
7
Ci
1

now s
PO4**"W

t
PV Air
Olp
_ _1-� Lod. , ' { - ♦ ! jCL'�
+ + 40.
aw
�;� ,
� - bra • �q r .� ./ � � � + �1 �
Jl�
At
` _ • �+ _ .r, � •'� • � � ✓fit � ,.f" � i
AO
_ moat ? ;
TY ._ ♦. '�

. ,_ . ter • 'r . , _ � ��
Y
R
• t ti ! 'tiF 1 - -
. l
t. s r •rat 1 �` � (� ��� !, i �s ,}• :� � y r, .+ ��_`�•�: �yVT'� • •
-
j'�,'`.�t, -CAR
to
't�fY 7'.` ", L- ►L��1,�1 �• � � r � �� ��.� trr . :fit • .hJ'
�,, E � .`'� •. � -�; s, it y .��;, . aiI � ��, � � t�, R',x , a � t
'�• � .fit � y! �. r• � w ��44tt.""�__i„ ��, `'"-..alQt 1 t,�' rS
� � r ��_� _ ��`�+ '''j,,,, r ,' apt : ( f �{ �� k! � Ifs•.' ,,,+ ,� ��� rj Y�,1 �" �� —

�� � • ���,�tv �P'1l; 't. `, . Iry :. .:� �-�
Az In
^� -t*
- { Y
_ILLS,-
_d1i
r

.. .�... •Y"� ram•' — .. i�'�. ff �4r �� . � 1-_.
r
IML