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HomeMy WebLinkAbout820099_ENFORCEMENT_20171231Falatovich Farms 410 Beaver Dam Drive Clinton, NC 28328 April 5, 2005 Mr. Stephen A. Barnhardt Regional Aquifer Protection Supervisor NC Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301 Dear Mr. Barnhardt: The purpose of this letter is to respond to the NOV-NOI of March 17, 2005 regarding my hog facility, Falatovich Finishing #2, facility number 82-99. Specifically for both Violation I and Violation 2, upon discovery, we immediately started cleanup of the discharge. We began pumping the discharge from the ditch, back into the lagoon on March 11, 2005. On Saturday, March 12, 2005 we monitored the area and continued cleanup. The majority of the waste had been returned to the lagoon by Saturday night. The flush tanks were cut off after discovery and have been turned on manually so as to observe the waste flushing and verify that no waste is released. This has been done on an as -needed basis so as to minimize the chances for any further release. Cement was added to the cracked areas so as to stop any further leakage. Hogs have been removed from the building that was the source of the discharge. A building repair contractor has visited the site and plans to begin repair work on the building in question as well as the adjacent building to rework lagoon discharge pipes and repair cracked foundations. The other buildings will be repaired as soon as animals are removed, which is expected next week. My integrator is working with me to delay restocking of animals until repairs have been made. Daily monitoring is being conducted of the buildings, flushing system and the lagoons. The waste application equipment is inspected when in use. As stated above, the OIC is monitoring the entire flushing system on a daily basis. Any repairs or concerns will be documented and handled in a timely fashion. Should a release occur, DWQ will be notified immediately and all efforts will be made to stop the discharge and return the waste to the waste management system. This will be documented and should help avoid the re -occurrence of this type of discharge in the future. A copy of our daily reporting form is enclosed. As per permit requirements, a waste sample was delivered to Microbac Laboratory on March 11, 2005. All parameters noted in the permit were analyzed by this lab. I am enclosing a copy of the results and ask that you provide results of your testing to either me or my agent. I will keep you apprised of the progress of repairs. We are willing to work with you and your staff to resolve any concerns you have with this occurrence. I can be reached at 1 800-934-9104 if you have further questions regarding this incident. Sincerely,-- G Marshall Falatovich FALATOVICH FARMS # 2 DAILY CHECKLIST irrigation system check when in use or at least monthly � Microbac Laboratories, Inc. Pagelofl FAYETTEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC #11 (910) 864-1920 FAX (910) W-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA 93787 http://www.microbac.com E-Mail: rsanders@rxncrobac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR - WASTES - FOOD - PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS Mr. Marshall Falatovich Date Reported: 3/24/2005 410 Beaver Dam Drive Date Received: 3/11/2005 Clinton, NC 28328 Order Number: 0503-00195 Invoice No.: 38771 Customer #: 1099 Sample Date: 3/11/2005 Permit No. Sample Time: I5:30 Sampler: B. WelIs Subject: Lagoon sample - Farm 42 SMP Test Method Result date Time Tech BOD 5-day EPA 405.1 1838 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 80000 du/100 m1 3/11/2005 17:25 HJJ NITROGEN, NITRATE EPA 353.3 2.28 mg/L 3/16/2005 9:00 R11 NITROGEN, AMMONIA EPA 350.2 912.14 mg/L 3/15/2005 16:00 GWJ NITROGEN, TOTAL KIELDAHL EPA 351.3 1226 mg/L ---3/18/2005 16:15 DCR PHOSPHORUS, TOTAL EPA 365.2 293 mg/L 3/21/2005 9:00 DCR SOLIDS, TOTAL SUSPENDED EPA 160.2 2180 mg/L 3/15/2005 15:15 CMK RESPECTFULLY SUBMITTED: R A/. gaopu"_ MICROBAC LABORATORIES, INC. LAB CODES: N/D = None Detected N/F = None Found < = Less than > = Greater than Est. = Estimated The data and information on this, and other amompanymq documents, repmsent only the samples) analyzed and is rendered upon condition MEMBER spat it iS not to be reproduced wholly or in part for advertising or other purposes without approval from the laboratory. USDA-EPA-MOSH Testing Food SaNtation ConsuRing Chemical and Micro6iobrpcal Anatfses and Research wi ® Microbac Laboratories, Inc. Page] of2 FAYETTEVILLE DIVISION 2592 HOPE MILLS ROAD STATE CERT ID. FAYETTEVILLE, NC 28306 NC #1 I (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://www.microbac-com E-Mail: rsanders@rnicrobac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY . CONSUMER PRODUCTS WATER • AIR - WASTES - FOOD • PHARMACEUTICALS • NUTRACEUTICALS NC DENR - DWQ Ms. Belinda Henson 225 Green Street, 4714 Fayetteville, NC 28301 Permit No. Sampler: L. Baxley CERTIFICATE OF ANALYSIS APR 5 = 200..5 r..ti �r� Ylri { rr: , _ f ,�t 11 :__ R-SEI J,4L0FRGE Subject: Ground Wtr/Steam - Falatovich Farm 42 Date Reported: Date Received: Order Number: Invoice No.: Customer #: Sample Date: Sample Time: 3/24/2005 3/11/2005 0503-00194 38787 N003 3/11/2005 0:00 SMP Test Method Result Date Time Tech s�1•f==5�3t�f+0@ � #-a'L � � fi•�.�.,�";���- ��� -� � ,,�y � z'°'_.�t,, �`�.� _ � � � �.- �„�-y��z"'"'-€i BOD 5-day EPA 405.1 1010 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 50000 Cfu/100 ml 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 677.94 mg/L 3/15/2005 16.00 GWJ PHOSPHORUS, TOTAL EPA 365.2 105 mg/L 3/15/2005 10:00 DCR /. .�w-/��p --...c ":"^` - - � 1�-.... �_nr�.= _ �'i. x�.`,�'-`tid -_ _ -�, -rc. xr--rs ^�„�x'� ��s.. -f 7z- �,� ,rir � ��„> �•sr�r+�-� -^r-. � -� �3 .T '.:1-/1��t�E.�r �i�} �� ! ', i�s �.Y���{E y.r- �^�.v 'a � 3=� ..sk. ,��� ,�[. 3`•y,.-. `� �.wg'�Y'. 'sx� �--.. t'`. �� nr'�:ia-.d��.�-.-.- _:R. _.-�.,,.r...�...�t:� �S' ::.ri�:u,.+�rc�a-.�. ...��. ..�..�.�r�`.��.-....:,�-...= :`:_x...�r3rvc�...�x,..,�s.. �=_3.Y _'��.�-.x•...�_ BOD 5-day EPA 405.1 284 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 50000 Cfu/100 ml 3/11/2005 17:25 H)J NITROGEN, AMMONIA EPA 350.2 187.41 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 23.7 mg/L 3/15/2005 10:00- DCR _"---r�-•i - �„ --c-��rr - �-•-- --'� -., ter' ✓r�- +pr,_.,. - �. j��rs:.-,.�- ?p`:-..- ....�.�.a-'.r-,R=.�-i_ •n BOD 5-day EPA 405.1 4.26 mg/L 3/11/2005 18:30 OCR COLIFORM, FECAL SM1B 9222D <1 cfu/100 ml 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 19.61 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 1.07 mg/L 3/15/2005 10:00 DCR --Oi?4 u Mid- Partin x � '- �. � �Ta,z�,• �� �� � r-• fix. _: .x.f �F' a. �' v s a.._.�,s'r� �' -�,, ^�" �r _ .,r �" _.., � - z� ^ri � ��-'� Si __ ..®..�$ . - _�3. �,.� ,J.x ...a �.�.�...F-..-'`r.� S�-i-- �:.�°Y �.._ i`�.-�..3`a'_x:............��'i'.. v_ �. «».. �-+..... � � �.- .a.. �.�a.--=-''F.. x.._� .'• S � - �,� - F=�--'--mot^ -•.-: BOD 5-day EPA 405.1 212 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 1700 cfu/100 ml 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 71.86 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 22.4 mg/L 3/21/2005 9:00 DCR r. i,. - - 3 � i - , � �"' -�` n ".. r -sue-• •.�3 �.�.azl`-:..r• t ..v.'`�. ' � x � _ -.�a ..�.� - '» �ti-�- ""y- .... - .r-.....:..�:s:...�.:..e, ..�--�.���- �-x.b �',..?�_._�.�.._---._=� raf:r�_?�..z ,_-.... �., -�� sc•'.v .- t aw.e .�.w..a-=". _ ....,.__..�.�:=�L•..� :r_ BOD 5-day EPA 405.1 3.89 mg/L 3/11/2005 18:30 DCR LAB CODES: N/D = None Detected N/F = None Found < = Less than > = Greater than Est. = Estimated The data and infonnabon on this, and other accompanying documents, represent only the sample(s) anahzed and is rendered upon condition MEMBER that it is not to be reproduced wholly or In part for advertising or other purposes without approval from the laboratory, u5DA-EPA-N105H Testing Food Sanitation Consulting ChernKai and Microbiologital Analyses and Research ® Microbac Laboratories, Inc. Page 2 of 2 FAYETTEVILLE DIVISION 2592 HOPE MILLS ROAD STATE CERT ID. FAYETTEVILLE, NC 28306 NC #11 (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://www.microbac.com E-Mail. rsanders@microbac.com CHEMISTRY - MICROBIOLOGY - FOOD SAFETY • CONSUMER PRODUCTS WATER - AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS NC DENR - D WQ Ms, Belinda Henson 225 Green Street, #714 Fayetteville, NC 28301 Permit No. Sampler: L. Baxley CERTIFICATE OF ANALYSIS f E E' l'. ... NIAQFROE Date Reported: 3/24/2005 Date Received: 3/11/2005 Order Number: 0503-00194 Invoice No.: 38787 Customer #: N003 Sample Date: 3/11/2005 Sample Time: 0:00 Subject: Ground Wtr/Steam - Falatovich Farm #2 SNIP Test Method Result Date Time Tech COLIFORM, FECAL SM18 9222D 50 Cft.1/100 ml 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 2.94 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 0.097 mg/L 3/15/2005 10:00 DCR RESPECTFULLY SUBMITTED: "• �" MICROBAC LABORATORIES, INC. LAS CODES: N1D � None Detected N/i: = None Found < — Less than > = Greater titan Est. = Estimated The data and information on this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon condition MEMBER that it is not to be reproduced wholly or in part for advertising or other purposes without approval from the laboratory. USDA-EPA-NIDSH Testirg Food Sanitation Consulting Chemical and Mkrotiiological Analyses and Research L■�#��� Il��. Microbac Laboratories, Inc. Page I oft FAYETTEVILLE DIVISION 2592 HOPE MILLS ROAD STATE CERT ID. FAYETTEVILLE, NC 28306 NC #1 I (910) 864-1920 FAX (910) 864-8774 NC 077 i 4 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://xvww.rnicr()bac.cotn E-Mail: rsanders@tnicrobic.com CHEMISTRY MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS NC DENR - DWQ Ms. Belinda Henson 225 Green Street, 9714 Fayetteville, NC 28301 Permit No. Sampler: L. Baxley CERTIFICATE OF ANALYSIS RECEIVED APR 5- 2005 OEM -I AYE-WII.LE REGIONAL ONCE Subject: Ground Wtr/Steam - Falatovich Farm #2 Date Reported: Date Received: Order Number: Invoice No.: Customer #: Sample Date: Sample Time: 3/24/2005 311 1 /2005 0503-00194 38787 N003 3/11 /2005 0:00 SMP Test Method Result Date Time Tech DOD 5-day EPA 405.1 1010 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 50000 cfu/100 m1 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 677.94 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 105 mg/L 3/15/2005 10:00 DCR BOD 5-day EPA 405.1 284 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 50000 cfu/100 cal 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 187.41 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 23.7 mg/L 3/15/2005 10:00 DCR IM Upstream - = - - DOD 5-day EPA 405.1 4.26 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D <1 cfu/100 ml 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 19.61 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 1.07 mg/L 3/15/2005 10:00 DCR BOD 5-day EPA 405.1 212 mg/L 3/11/2005 18:30 DCR COLIFORM, FECAL SM18 9222D 1700 cfu/100 ml 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 71.86 ing/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 22.4 mg/L 3/21/2005 9:00 DCR BOD 5-day EPA 405.1 3.89 mg/L 3/11/2005 18:30 DCR LAB CODES: NID — None Detected N/F — None Found < = Less than > = Greater than Est. = Estimated The data and information on this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon condition MEMBER that it is not to be reproduced wholly or in part for advertising or other purposes without approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research LI:r:�i ! Microbac Laboratories, Inc. Page 2 of FAYETTEVILLE DIVISION 2592 HOPE MILLS ROAD STATE CERT ID. FAYETTEVILLE, NC 28306 NC 411 (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://www.microbac.com E-Mail: rsanders@microbac.com CHEMISTRY MICROBIOLOGY FOOD SAFETY - CONSUMER PRODUCTS WATER • AIR WASTES • FOOD PHARMACEUTICALS - NUTRACEUTICALS NC DEN - DWQ Ms. Belinda Henson 225 Green Street, #714 Fayetteville, NC 28301 Permit No. Sampler: L. Baxley CERTIFICATE OF ANALYSIS RECEIVED APR 5 - 2005 ^�r _K. _. ;.`SIONAL OFFICE Date Reported: 3/24/2005 Date Received: 3/11/2005 Order Number: 0503-00194 Invoice No.: 38787 Customer #: N003 Sample Date: 3/11/2005 Sample Time: 0:00 Subject: Ground Wtr/Steam - Falatovich Farm #2 SMP Test Method Result Date Time Tech COLIFORM, FECAL SM18 9222D 50 cfu/100 mi 3/11/2005 17:25 HJJ NITROGEN, AMMONIA EPA 350.2 2.94 mg/L 3/15/2005 16:00 GWJ PHOSPHORUS, TOTAL EPA 365.2 0.097 mg/L 3/15/2005 10:00 DCR r RESPECTFULLY SUBMITTED: `• MICROBAC LABORATORIES, INC. LAD CODES: N/D = None Detected N/F = None Found ¢ = Less than > = Greater than Est. = Estimated The data and information on this, and other accompanyingdocuments, represent only the sam MEMBER pies) analyzed and is rendered upon condition Gam: that it is not to be reproduced wholly or In part for advertising or other purposes wdhout approval from She laboratory. � USDA-EPA-N10SH Testing Food Sanitation Consutbng Chemical and Microbiological Analyses and Research I liLFI,JJ W w W ,l ill4l V V[1L.4 Vlil NC DENR - DWQ 225 Green Street. #714 Fayetteville NC 28301 Attn: f4s. Belinda Henson APRs=2006 i 0 ,2-FR �:1-EMLLE IE00itiA� C+i�ICE -412 t 5 Ground Wtr/Steam - Falatovich Farm #2_. r 001 ] Source, ' XC-BOD BOD 5-day ' 4;` _ $32 40 . XM-FECAL COLIFORH. FECAL s, $23 40 , XC-NH3 NITROGEN, AMMONIA XC-PROS T PHOSPHORUS, TOTAL ' �,,Y k` $37 804 . XM-WEEKEND WEEKEND SERVICE - FECAL �` �� $23 40 r '' OI-TECH TECH TIME. AFTER HR - BOD ,',<f t� `. $50 00 _.;.. ; OI-TECH TECH TIME. AFTER HR_- FECAL b .r4:; $ 3 7 50,. .J ,002) Confluence ' **`x* CONTINUED ON NEXT PAGE CHEMISTRY • MICROBIOLOGY • FOOD SAFETY- CONSUMER PRODUCTS AMOUNT WATER • AIR • WASTES • I=OOD • PHARMACEUTICALS • NUTRACEUTICALS DUE Mi, SEE TERMS & CONDITIONS ON REVERSE SIDE ® Microbac Laboratories, Inc. M® Fayetteville Division 2592 Hope Mills Rd. Fayetteville NC 28306 {910)864-1920 http://w ww.microbac.com NC DENR - DWQ 225 Green Street, #714 Fayetteville NC 28301 Attn: Ms. Belinda Henson .. raniO/l' .WTAA] - Page 2 INVOICE No. 38787 EIifEl0 APR 2035 EAIR-G41lyLLLT ryL"-1%i ALG€i10E XC-BOD BOD 5-day;.n - XM-FECAL COLIFORM, FECAL' XC-NH3 NITROGEN, AMMONIA- XC-PHOS,T PHOSPHORUS; TOTAL- XM-WEEKEND WEEKEND SERVICE-'-'- FECALi r3 y -003j Upstream ' _ yF _ XC-BOD BOD 5-day XM-FECAL COLIFORM, FECAL XC-NH3 NITROGEN,: AMMONIA-y XC-PHOS, T PHOSPHORUS,, 7O!1'AL� CONTINUED ON NEXT PAGE HEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS AMOUNT #TER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS DUE SEE TERMS & CONDITIONS ON REVERSE SIDE $32.40 $23.40,r $27.0.0..­ S37 :-80 $23..40 �a• _ $ 32 . 40' $27 . ' $37 80; NC DENR - DW¢ 225 Green Street. #714 Fayetteville NC 28301 Attn: Ms. Belinda Henson ��fJ:i��o�Ngl��l■_[K�I�]IR:IA.'��1� - r F EGEEpLiE, APR 5 = 2005 Cr j_r -lyA iU LF R ET�'_-,kL0F F1(,t .N :�. _':,- ... ^'1 -'4� ! Y� - rt XM-WEEKEND WEEKEND"SERVICE `- i #. � �rf'. A:L ♦ ay. E . J .Tt.. 5g4 ? FECALi� ``x $23 40 r_:..' '004) Mid Point y •Y fk sa � "I XC-BOD BOD 5 .day, XM-FECAL COLIF,ORM... E'ECALF ;- 1 $23 40 r XC-NH3 NITROGEN.. AMMONIA, , $27 00^.:; XC-PROS. T PHOSPHORUS; .-TOTAL kh a kst� 5� x _ $37.:80tY,. XM-FiEEKEND WEEKEND SERVICE = _ FECAL. . P =bT _`- .�r $23 `005) Downstream "fa XC-BOD BOD 5 -day }tn 0, $32 447. 'Z�- CONTINUED ON NEXT PAGE _ .. ,... CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS � - WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS SEE TERMS & CONDITIONS ON REVERSE SIDE NC DENR - DWQ I APR 5 = 2005 225 Green Street, #714 Fayetteville NC 28301 Attn: Ms. Belinda Henson 0 3- 00>1 4 003 3 -DESCRIPTIONOF SERVICE F %M-FECAL COLIFORM. -FECAL �'-: ' 1 . t, " $23 40 XC--NH3 NITROGEN.,'AM146A s='',; $27:>00 XC-PHOS,T PHOSPHORUS,..•TO:TAL x, $37.80-. XM-WEEKEND WEEKEND SERVICE FECALf`,: xFY' µr � R "$` $23-.40 We appreciate your business CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS • $807. 50 WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS SEE TERMS & CONDITIONS ON REVERSE SIDE r, WI - Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT RE VESTED Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 May 5, 2005 SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State Without a Permit Farm # 82-99 Sampson County File No. DV 05-004 Dear Mr. Falatovich: This letter transmits notice of a civil penalty assessed against Falatovich Finishing #2 in the amount of $6,948.58 which includes $1,148.58 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver farm if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 l Curaoraro 't Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http_ fh2o.enr.state.nc.us 2729 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper 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 form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 SOU 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 715-6629 or Mr. Keith Larick at (919) 715-6185. Sincerel , Theodore L. Bush, Jr., Chief Aquifer Protection Section TLB/scl ATTACHMENTS cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments UUM FRO w/ attachments File # DV 05-004 w/ attachments APS Central Files w/ attachments Susan Massengale, PIO w/ attachments STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) MARSHALL G. FALATOVICH ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 05-004 Having been assessed civil penalties totaling $6,948.58 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated May 5 2005 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV 05-004 County: Sampson Assessed Party: Marshall G. Falatovich Permit No. (if applicable): NCA282099 Amount Assessed: $6,948.58 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining. necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION attach additional pages as necess STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF MARSHALL G. FALATOVICH FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND VIOLATION OF CONDITION OF NPDES GENERAL PERMIT NCA200000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 05-004 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Marshall G. Falatovich owns and operates Falatovich Finishing #2, a swine operation located along Highway 403 in Sampson County. B. Marshall G. Falatovich was issued Certificate of Coverage NCA282099 under NPDES General Permit NCA200000 for Falatovich Finishing #2 on April 9, 2003, effective April 9, 2003, with an expiration date of July 1, 2007. This permit does not allow the discharge of waste to waters of the State. C. On March 11, 2005, DWQ staff observed a discharge of wastewater at Falatovich Finishing #2 from a confinement house to wetlands adjacent to an unnamed tributary to Gilmore Swamp. Gilmore Swamp are Class C Sw waters of the State within the Cape Fear River Basin. D. Marshall G. Falatovich had no valid permit for the above -described activity. E. Condition No. 11. 1. of the General Permit states "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." F. During the inspection on March 11, 2005, staff observed evidence of waste leaks from beneath the cement slab foundation of the confinement house. G. The cost to the State of the enforcement procedures in this matter totaled $1,148.58. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Marshall G. Falatovich is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The wetlands adjacent to the unnamed tributary to Gilmore Swamp constitute waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143- 212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Marshall G. Falatovich 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 who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. Marshall G. Falatovich violated Condition No. II. 1. of NPDES General Permit NCA200000 by failing to properly maintain the collection, treatment, and storage facilities as evidenced by the waste leaks from the confinement house. F. Marshall G. Falatovich 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 who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Marshall G. Falatovich pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Marshall G. Falatovich is hereby assessed a civil penalty of: $ 4� 00 n. 00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. for violating Condition No. H. 1. of NPDES General Permit NCA200000 by failing to properly maintain the collection, treatment, and storage facilities $ L9 0, L90 TOTAL CIVIL PENALTY $ 1 148.58 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. S s; - (Da e) T odore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality AkTT3-r--yhA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor July 29, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr: M, arshall Falatovich 410 Beaver Darn Drive Clinton, NC 28328 SUBJECT: NOTICE OF VIOLATIONINOTICE OF INTENT Falatovich Finishing 42 Swine Farm Permit No. AWS820099 Facility No. 82-99 Sampson County Dear Mr. Falatovich: William G. Ross Jr., Secretary Alan Klimek, P-E., Director Division of Water Quality �'ou are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On July 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a referral from the Division of Soil and Water Conservation. Upon arrival at the facility, it was observed that wastewater had entered a storm water diversion ditch, on the west side of the lagoons, and flowed overland into the adjacent wodded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Gilmore Swamp. The wastewater appeared to have originated at either, or a combination of, a broken irrigation pipe or a clogged house discharge line. DWQ was not notified of either incident within 24 hours of first knowledge as required by the general permit. The Division of Water Quality requests that the following item(s) be addressed: 1. Notify DWQ within 24 hours of first knowledge of any incident that involves the waste treatment and disposal system. 2. Inspect future irrigation events at more frequent intervals to include observation of the above ground aluminum pipe. 225 GREEN STREET - SUITE 714 / SYSTEL BUILD ING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 496-0707 WWW.ENR.STATE.NCA15, NR' AN EQUAL OPPORTUN rI Y / AFFIR MATIvE ACTION EMPLOYER- 50% RECYCLED 10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Falatovich 7=?9=02 Page 2 3. Submit copies of the following: Current Waste Utilization Plan (WUP), last 12 months of IRR-2 forms, last 12 months of waste analysis, and last 12 months of freeboard levels. 4. Review Best Management Practices (BMPs) and possibly amend to include flow control structures in the stormwater diversion ditches to prevent a similar incident in the future. Failure to comply with the above condition(s) may result in the facility losing its General Permit and beins required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this 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. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This response should be received by this office on or before Auust lb, 2002. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Paul Sherman, Environmental Engineer, at (910) 486-1541. jSinceMPS:mps/PRls Regional Water Quality Supervisor Cc: Compliance Unit -Raleigh Curtis Barwick-Coharie Farms Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh 'tih, z r� a �s s y� •.DIVISIfl©^Of Water Quality , ,t M� - , ..,.:3 r. L•?.i..." a ,ca ,'.�F, .�:DIVRS10n Af Soil; and`-:W9ter.Conservation t- Type of Visit ® Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up ® Emergency Notification O Other ❑ Denied Access Facility Number 82 Date of Visit: 7-t0 200Z Time: 10:00 1.." — .. 0 Not operational 0 Below Threshold ® Permitted ® Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold:_ - Farm Name: F-AIAtQyJrbJRAiSbiDF,#2...................................................... ... Count`': saws.Q& -------------------------------- FRO ---------- OK-ner Name: Marshall__________--.___ �a18tQyich--------------____-- PhoneNo: {41X591.86_4.1---__ __-------------------- Mailing Address: 91Q.BeaYex.ABx> . 71Yl ............................... . 7.8.32.8 .............. Facility Contact; ......................................... ... itie: -"------------- Phone No: Onsite kepresentative: l r�iauY�talSintegrator: �obA>71�F8rmS---_._--------------------• Certified Operator: Jjabj py..E.............................. •F,akXQ ldt....-......... ...... Operator Certification Number: 1Q3.10.... Location of Farm: fake 403 North from Clinton 4 miles. Look for co. sign on right_ y ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F 34 $311 48 Design Current Swine Ca RCI :' 1Po uiation. Poultr} - ❑ Layer ❑ Wean to Feeder ® Feeder to Finish 3720 ❑ Farrow to Wean ❑ Farrow to Feeder Farrow to Finish Gilts ❑ Boars lion Longitude 78 • FT7 s 00 u Design Current a acl Cattle C`Pa'"`itlation n Dairy [] Other Total Design Capacity:; 3,720 Total SSLW; ' 502,200 Number of ag000s, 2 ® Subsurface Drains Present ❑Lagoon Area ® Spray Field Area Holding Ponds / Sand Taps ❑ No Liquid Waste Management System Disch'aryes & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon 0 Spray Field ® Other a. If discharge is observed. was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (Ifyes• notity DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'? «'ante Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 ® Yes ❑ No ❑ Yes ® No ® Yes ❑ No NIA ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No Structure 6 Idcntilier: ........................... Freeboard (inches): _.._._._.._ _---6.-_. _ _.._. .-.._..-•................. ..................... ....._.._.._.. _.._... . 05i0.4/01 Canrinuvd Facility Number: 82-99 I)att of Inspection 7-10-2002 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 Ayplication I0. Are there any buffers that need maintenance/improvement? 11. Is there evidence ofover application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Reuuired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other 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 ReviewerAnspector 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? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No El Yes ❑No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑Yes El No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. �,� ' .r a'� °r CQmarients (refer tarquesdon #) y;ExplaEn any YES answers apd/dr any iikominend&tions or any other comments. t. Eise drawings`' f factlitty to bettere{irplaio situabtons (6se iddittonai pages as'necessary) xY� . ❑Field COPY ❑ Final Notes a,.. t��3'.t_ mergancy response due to referral from DS&WC staff. Discharge of wastewater to Waters of the State (blueline stream, UT to Gilmore Swamp). Upon arrival at the site, it was noticed that wastewater had ponded in the stormwater diversion ditch that travels on the west side of the lagoons and into the wooded area south of the facility. Wastewater was observed to have entered the wooded area and converged with he blueline stream in three seperate locations. The downstream convergance was caused by wastewater mixing with a small pond and he overflow from the pond reaching the stream. Total discharge volume was indeterminate but was estimated to be between 1,000 and Reviewer/ins ector Name Paul Sherman ` < ,. 4 p Bgb Huth �John`Hasty Reviewer/Inspector Signature: Date: US/U��tll- Facility Number: 82-99 (late of Inspection 7-IO-2002 continued Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atior below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 2& Is there any evidence of wind drift during land application? (i_e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 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? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 110,000 gallons. More accurate totals would have to be determined using the total volume returned from the wooded area to the ie wastewater appeared to have origonated from two seperate locations on the facility. There was a broken irrigation pipe under farm road just west of the lagoons. There was also a broken discharge pipe in the ground north of the lagoons in front of the set two confinement houses. Waste from both of these areas traveled overland through the stormwater diversion ditch to the wooded ;a and into the stream. It is indeterminate as to the volume of wastewater discharged from the seperate areas. r. Wells informed us that he believed all of the discharge origonated from the broken irrigation pipe. He also informed us that the pe broke and ran for approximately 15 minutes before it was discovered. Mr. Wells did not know that the wastewater had reached e stream. We were informed that the pipe had broken during an irrigation event on the evening of July 9th and the leak in the scharge pipe was discovered on July 6th. None of these incidents were reported to DWQ within the 24 hour time period required the facility's General Permit. e recommended to Mr. Wells that the mixture of fresh and wastewater in the small pond be pumped back to one of the facilities ,00ns. We also recommended that all ponded waste be cleaned from the diversion ditch and wooded area. les were taken of the source, upsteam, and downstream. The downstream sample was taken were the overflow fi-om the small converged with the blueline stream. Aga NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 4, 2002 CERTIFIED MAR. RETURN RECEIPT, REQUESTED Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Falatovich Finishing # 2 Facility No. 82-99 Sampson County Dear Mr. Falatovich: Wiiliam G. Ross Jr., Secretary Gregory J. Thorpe, PhD, Acting Director Division of Water Quality On February 25, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Falatovich Finishing # 2 swine facility. The inspector observed that the soil samples were not collected annually and the waste samples were not collected as required. In regard to the deficiencies noted during the inspection, the following actions are requested: Begin collecting a soil sample from each waste application field annually (within 365 days of previous sample) and applying the specified arnmendments for optimum crop production. 2. Collect waste samples within 60 days of waste application for accurate plant available nitrogen (PAN) recordkeeping. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteviile, tJorth Carolina 23301-5043 Phone: 910-486-15411FAX: 910-486-07071Internet: ,yw%v,enr.state.nc.usiE\`R An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10 a Post Consumer Paper Mr. Marshall Falatovich Page 2 March 4, 2002 If you have any questions concerning this matter, please call Robert Heath, at (910) 486- 1541. Sincerely, Robert F. Heath Environmental Specialist /bs cc: Operations Branch Central Files Trent Allen - FRO DSW Wilson Spencer - Sampson Co. NRCS Curtis Barwick - Coharie Farms {:, AN� NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor November 4, 2002 MEMORANDUM TO: Kent Wiggins Non-DischaTgy Compliance THRU: Paul Rawls, Water Quart 'Regional Supervisor Fayetteville Regional Office l FROM: Paul Sherma %G Environments ngineer I Fayetteville Regional Office SUBJECT: Enforcement Package Falatovich Finishing 42 Facility No. 82-99 Sampson County William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this manner. If you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: w wu,.enr.state.nc.us/1:NR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper <i ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection(s): July 10, 2002 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner of Property: Mr. Marshall Falatovich 4. Name of Operator: Mr. Johnny E. Falatojch 5. Address: 410 Beaver Dam Drive Clinton NC 28328 6. Phone Number: (910) 592-8643 7. Description of Facility Location, Map�excerpt attached: Farm is located 4 miles north of Clinton on east side of Highway 403. 8. Date this facility began operation: January 1, 1985 9. Date of last expansion: Not applicable 10. Has the facility registered with DWQ? if yes, date of registration: Yes, July 29, 1993. 11. Does the facility have an approved Animal Waste Management Plan: Yes 12. Has this facility received a CAFO Designation: No 13. Type of Operation: Swine, Feeder to Finish. 14. Number and type of livestock: resigned and permitted for 3720 hogs per c,L 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period: Twelve (12) months 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, facility was designed to utilizeapproximately 44'acres of land on which to Mply_waste. 17. Type of Waste Management System: Swine are kept in total confinement free stall barn with slotted floors over flushing pits. Waste is flushed as needed from floor pits into the waste lagoon system. The lagoon system is composed of two (2) la_oons from which waste can be pumped to theannlication fields via a mobile reel and spray gun system_ 18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters: A dEy litter ppult1y operation is approximately4pproximately 1000 feet east of this facility. The ultry operation is also owned by Mr._Falatovich. 19, Proximity of facility to neighboring houses, wells, etc.: The nearest neighboring house and well is approximately 1250 feet north of the facility. 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown. 21. Proximity of facility to surface waters: Facility (edge of lagoon) is approximately 200 feet from surface waters (UT ofGillmore Swamp). 22. Animal waste discharged: Swine Witnesses: Paul Sherman, DWQ WO Fayetteville Regional Office (910) 486-1541 John Hasty, DWQ-WQ Fayetteville Regional Office (910) 486-1541 Bob Heath, DWO-WQ Fayetteville Regional Office (9 [ 0) 486-1541 23. Are pollutants discharged in the waters of the State? YES If so, how? Waste exited the treatment system in two separate locations, a broken discharge pine north of the lagoons and a broken irrigation pipe west of the lagoons. Waste traveled from these locations into a stormwater diversion ditch ad'acent to the lagoons. The wasted flowed south in the diversion ditch to a wooded area at the south end of the facility, then overland through the wooded area to a UT of Cillmore Swamp_ Waste converged with the UT in three separate locations as well as an area of parided water north of the UT. 24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm'? No 25. What is the degree and extent of.hann to the natural resources of the State, public health, or to private property resulting from the violation? The dischar a has caused the introduction of nutrients into the receiving waters that will cause or add to the possibility of algal blooms and accelerated eutrophication of the stream. There are no known public health issues at this time_ Waste discharges of this nature may, based on comments from Dr. M.A. Mixson, North Carolina Department of Agriculture, Veterinary Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the violation? According to information provided by facility representative Brian Wells, the faulty discharge pipe was discovered on July 6.2002_ The broken irrigation pipe was discovered on the evening of July 9, 2002 after approximately 15 minutes of irrigation. Neither the discharge pipe nor the irrigation.pipe were repaired at the time of inspection on July 10, 2002. Mr. Wells informed DWO that he knew that waste had entered the storm water diversion ditch, but did not realize that it had traveled to waters of the state. ABBREVIATED SAMPLE RESULTS (all results in mg/L) Location Ammonia-N TKN Nitrate + Nitrate Total P Upstream 0.18 0.32 0.02(U) 0,04 Downstream 99 100 1.6 8.1 27. Water Quality Assessment: No observed impacts to wildlife in the receiving stream. 28, What is the cost of rectifying the damage? The cost orrectifyiniz damage included recovering waste from the storm water diversion ditch and small pond in the wooded area and returning the waste to the lagoons. 29. What is the amount of money saved by noncompliance? None. 01 30, Was the violation committed willfully or intentionally? No, there is no evidence that the discharge was intentional. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? November 16, 1998, Notice of Violation and Revocation for Nonpayment. March 4 2002 [Notice of Deficiency: failure to keep current soil and waste anal sis. 32. What is the cost to the State for the enforcement procedures? Photo, film and developing: S 8.00 BOD: S18.1 l/eaX 3 samples S 54.33 4� Coliform, Fecal: S23.40/ea X 3 samples S 70.20 Nitrate & Nitrite: $ 18.37/ea X 3 samples S 55.11 TKN: S 16.39/ea X 3 samples S 49.17 Total P: S16.29/ea X 3 samples S 48.87 Mileage: $0.23/mile X 75 miles S 17.25 Paul Sherman @ $26.10/hr Investigation- 4.0 hrs S 104.40 Report Development- 8.0 hrs S 208.80 John Hasty @ S 19.77/hr X 4.0 hrs (Investigation) S 79.08 Bob Heath @ $20.01/hr X 6.0 hrs (Investigation) S 120.06 Paul Rawls @ $31.87/hr X 1.0 hrs (Review) S 31.87 Central Office Review 1S 00.00 TOTAL $ 947.14 33. Type or general nature of business: Swine. Feeder to Finish 34. What is the violator's degree of cooperation or recalcitrance? Mr. Falatovich has been very cooperative;-D_ WQ recommendations for remediation were followed. 35. Are there any mitigating circumstances? Representatives of the facility failed to notify DWQ for any of the failures in the waste treatment system. The broken discharge nine and broken irrigation nine aualifv for DW notification under the facility's General Permit. Facili representatives did not fully inspect the waste treatments stem after the failures and therefore failed to discover the waste discharge- DWQ was informed of the discharge by a representative of the Division of Soil and Water Conservation who discovered it during an operations review 36. Assessment Factors: a. IWC: Unknown b. Receiving Stream: Unnamed Tribu to Gillmore Swamp, Class C Sw c. Damage: No 37. Include a copy of any Designation letter signed by the Director. N/A 38. Recommendations Made to Owner/Operator: - Immediately stop flow of wastewater and recover as much as possible. 2- Take immediate action to prevent any future discharge of waste. 39. Recommendations for further DWQ Action: n l- Notice of Violation (For -warded July 29, 2002} 2- Enforcement Action 3- Reinspection 40. Other Comments: None STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. DD XXXXX IN THE MATTER OF ) Mn Marshall G. Falatovich ) } FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS } AND ASSESSMENT OF OF ANIMAL WASTE PERMIT } CIVIL PENALTIES AWG100000 and 1 SA NCAC 2H .0217 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Alan Klimek, P.E., Director of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Marshall G. Falatovich owns and operates a swine operation in Sampson County. B. Marshall G. Falatovich was issued Certificate of Coverage AWS820099 under General Permit AWGI00000 for Falatovich Finishing #2 on September 18, 2000, effective September 18, 2000, with an expiration date of April 30, 2003, C. DWQ staff visited the Falatovich Finishing #2 facility on July 10, 2002 and observed a discharge of wastewater from a. broken discharge pipe and a broken irrigation pipe to a storm water diversion ditch which discharges into an unnamed tributary of Gillmore Swamp which are Class "C" waters of the State within the Cape Fear River Basin. D. The Falatovich Finishing #2 facility had no valid permit for the above -described activity. E. Condition No. 111.6.b. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following the first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. F. The Fayetteville Regional Office had not received notification from a representative of Falatovich Finishing #2 that the discharge pipe had failed or that the irrigation pipe had failed. G. The costs to the State of the enforcement procedures in this matter totaled $947.14. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Marshall G. Falatovich is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. Gillmore Swamp constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge is a violation of the nondischarge General Permit AWG 100000. E. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following the first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge violated, on two occasions, Condition No. 111.6.b. of the General Permit. F. Marshall G. Falatovich may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates 0 or fails to act in accordance with the terms, conditions, or requirements of a permit required by G_S. 143-215.1 G. The State's enforcement costs in this matter may be assessed to Marshall G. Falatovich pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). H. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. -C Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: OWNER is hereby assessed a civil penalty of: $ 947.14 for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. for two (2) violations of Condition No. I11.6.b. of the General Permit by failing to report by telephone, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation, (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Alan Klimek, P.E., Director Division of Water Quality Falatovich Finishing #2, Facility No. 82-99 Broken discharge pipe at end of house. 2_ Disced area around broken discharge pipe. 3 Falatovich Finishing #2, Facility No. 82-99 Disced area down grade from broken discharge pipe_ 4. Disced stormwater ditch between broken discharge pipe and broken irrigation line. . ,,s-.{�e! f "tiS�F ' s1 •, ��� - _ � �.. _ ,��r ',i= 1 l f -`j,�j •a�7 ��_F�� ,�.^�. �(1�.. �� -. w �. s -'�.T ,L�?sf w T �s. �r�Y, ��,.y}=' - s ,��!l� • r� y r_ �� � Y " �_ , ► _ y . ';rr Vt ry .aV '''; - •`_''•rt� �'r+� �' :�•r•. Ali lir Jkll r iL ' � _ ` ',�,' r - ' r ;4 ll.•-y y r. �.-4i / -1- ter:. -f-. 10, � s� IL �•- �" r� _ - • is i _ �r � r r'+G'-g r ' '�' �.i a :?, fl,, ..af'xc�• it .r..- � -_ r,�5. t-y:� �7� 1'`,• lk 5 Falatovich Finishing #2, Facility No. 82-99 9. Waste entering wooded area. Down grade of picture #8. 10. Disced area at edge of wooded area. '' €�i a ^-- i` L"• 't`�iC stn * w .:.r.. r�� ', 'tea' •�` �'• i` ; �. `Ln '�L'SSV .: � - � I� � ti� -=fir .•�'. T .� s '•� _ �'+� � _. �.- �•� .,+3 +-�' t, '�� �'? ` .-`•fit � " �I__ - .3 ;• `y r' •: i, . -~ ry'l �Cl[� • - 4. ~! v 1-� n� r ' _ _ tom' •.ti •� J•:._ .r:,S�.�±+r�1�✓ ice Y - ��•-_ -^ice , J ^, : +�{` L 5aa a 500 1000 1500 Feet Type of Visit Q Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up ® Emergency Notification Q Other ❑ Denied Access Facility Number 82 99 Date of visit: 7-14-2002 Time: 10:U0 Nit • erational • Below Threshold ® Permitted ® Certified D Conditionally Certified © Registered Date Last Operated or Above Threshold: -- Farm Name: Talat yecb.FxgiSbing `2......................................................... County: SatrtRsAnt----------------- ................ FRO- --------- 0-Aner Name: MarshallFalatoyich------------------------ Phone No:(91Q�59�=$4_4�---------------------------- Mailing Address: 41Q.B.c#.vc r.Dam.AAy.e..................................................................... c. in taa- C.................................-•-------.................. 2,832B ........ FacilityContact: ...................................... ----------------Title: ----------- Phone No: ...................................... OnsiteRepresentative: u3KE11S._--------------------------------------- Integrator:�ohAlCiteFat�]5---------__---------------• Certified Operator: J[ibuuuY. ..............................F:atI�1R�i�hl....................... ............... Operator Certification Number: 19.3.1$ ............................ Location of Farm: rake 403 North from Clinton 4 miles. Look for co. sign on right. w ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 ' S3 48 Longitude 78 ' 17 00 Deli n r Current Design Gurreiiit Desi Current , Swine u,Ca `ct °.` Po ulation Poultry Ca acgity Pop,ulatiou Cattle Ca "ac�i ', i?o illation rNFeeder ean to Feeder ❑ Layer ❑ Dairy to Finish 3721)Non-Layer ❑Non-Dairyrrow to Wean El Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity 3,724 ❑ Gilts ❑ Boan Total SSLW 502,200 :_; Nariiber.of Lagoonsy;' _2. ® Subsurface Drains Present ❑ Lagoon Area ® Spray Field Area Holding Ponds / Sohd'TrapSr- ❑ No Liquid Waste Management Svstem Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ® Yes ❑ No Discharge originated at: ❑ Lagoon ® Spray Field ® Other a. If discharge is observed, .vas the conveyance man-made'? ❑ Yes ,® No b. If discharge is observed, did it reach Water of the State? ( If ycs, notif<l DWQ) ® Yes ❑ No e. If discharge is observed. what is the estimated flow in gal/min? NIA d. Does discharge bypass a lagoon system"? (If yes_ notify DWQ) ❑ Yes ® No 2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & 'Freatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Stricture 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Iflcnti tier : ........................... Freeboard (inches): ._....._.._.�j............ ............Z.6.._.._. 051031n J f"na�inurd Facility [number: g2-99 Date of Inspection F 7-10-2002 ' 5. Arc there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? El Yes El No (if any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7, Do any of the structures need maintenance/improvement? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Annlication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No t 1. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lath of adequate waste application equipment? ❑ Yes ❑ No Rcctuired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fait to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit'? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative'? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any addition,41 problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 113 No violations or deficiencies were noted during this visit. Tou will receive no further correspondence about this visit. Comments {reiei t-b quectioo`#) ,Ei:olain any YIES answers and/or any recommendations or any other comments. Use drawings of faciliityto Ibettei 'exolaiti situations. (use'additiooal gages as -necessary) .' , ' ❑ Field Copy ❑ Final Notes mergancy response due to referral from DS&WC staff. Discharge of wastewater to Waters of the State (blueline stream, UT to Gilmore Swamp). Upon arrival at the site, it was noticed that wastewater had ponded in the stormwater diversion ditch that travels on the west side of the lagoons and into the wooded area south of the facility. Wastewater was observed to have entered the wooded area and converged with he blueline stream in three seperate locations. The downstream convergance was caused by wastewater mixing with a small pond and he overflow from the pond reaching the stream. Total discharge volume was indeterminate but was estimated to be between 1,000 and Reviewer/Inspector Name Paul Sherman Bob He"ath ,lohn'Hasty . Reviewer/Inspector Signature: Date: U5/UPU I Continued Facility Number: 82-99: Date of Inspection 7-10-2002 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 properly within 24 hours? ❑ Yes ❑ No 28. is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 0,000 gallons. More accurate totals would have to be determined using the total volume returned from the wooded area to the 1 #1 ie wastewater appeared to have origonated from two seperate locations on the facility. There was a broken irrigation pipe under farm road just west of the lagoons. There was also a broken discharge pipe in the ground north of the lagoons in front of the set two confinement houses. Waste from both of these areas traveled overland through the stormwater diversion ditch to the wooded -a and into the stream. It is indeterminate as to the volume of wastewater discharged from the seperate areas. r. Wells informed us that he believed all of the discharge origonated from the broken irrigation pipe. He also informed us that the 3e broke and ran for approximately 15 minutes before it was discovered. Mr. Wells did not know that the wastewater had reached stream. We were informed that the pipe had broken during an irrigation event on the evening of July 9th and the leak in the ;charge pipe was discovered on July 6th. None of these incidents were reported to DWQ within the 24 hour time period required the facility's General permit. recommended to Mr. Wells that the mixture of fresh and wastewater in the small pond be pumped back to one of the facilities ions. We also recommended that all ponded waste be cleaned from the diversion ditch and wooded area. les were taken of the source, upsteam, and downstream. The downstream sample was taken were the overflow from the small converged with the blueline stream. m e7-A NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor July 29, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr: Marshall Falatovich 41 U Beaver Dam Drive Clinton, NC 28328 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT Falatovich Finishing ##2 Swine Farm Permit No. AWS820099 Facility No. 82-99 Sampson County Dear Mr. Falatovich: William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality 'You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On July 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a referral from the Division of Soil and Water Conservation. Upon arrival at the facility, it was observed that wastewater had entered a storm water diversion ditch, on the west side of the lagoons, arid flowed overland into the adjacent wddded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Gilmore Swamp. The wastewater appeared to have originated at either, or a combination of, a broken irrib7ation pipe or a clogged house discharge line. DWQ was not notified of either incident within 24 hours of first knowledge as required by the general permit. The Division of Water Quality requests that the following item(s) be addressed: 1. Notify DWQ within 24 hours of first knowledge of any incident that involves the waste treatment and disposal system. 2: Inspect future irrigation events at more frequent intervals to include observation of the above ground aluminum pipe. 225 GREEN STREET - SUITE 714 SYSTEL BUILDING.' FAYETTEVILLE, NC 28301-5043 PRONE (910) 486-1541 FAX (910) 486-0707 WW%V.ENR.STATE.NC.11S'FNR` AN EQUAL OPPORTUN rrY P AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110%. POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Falatovich 7-?9=02 Page 2 3. Submit copies of the following: Current Waste Utilization Plan (WUP), last 12 months of IRR-2 forms, last 12 months of waste analysis, and last 12 months of freeboard levels. 4. Review Best Management Practices (BMPs) and possibly amend to include flow control structures in the stormwater diversion ditches to prevent a similar incident in the future. Failure to comply with the above condition(s) may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this 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. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This response should be received by this office on or before August 16, 2002. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Paul Sherman, Environmental Engineer, at (910) 486-1541. Since MPSmps/PR Paul E. Rawls Regional Water Quality Supervisor Cc: Compffance Unit -Raleigh Curtis Barwick-Coharie Farms Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh Type of Visit ® Compliance Inspection Q Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Fallow up ® Emergency Notification O Other ❑ Denied Access � cDate of Visit-: 7-10-Z1i0Z �'ime: tU:00 Faility Number $2 99 �,__ Q \ot O erational Q Below Threshold ® Permitted ® Certified 0 Conditionally Certified © Registered Date Last Operated or Above Threshold: Farm Name: .......................... County: Satnitsom-•-----•--•--•--•--------•-----. F.SQ-----•--• Owner i ame: 1 I8tshali----------____-- Eelator�rJi Phone No: (4llk) 591 844 ---------------------------- flailing Address: 41Q.13eaver.Aar.iafiYx ..................................................... zun.8 .............. Facility' Contact: ............................. ............----------.._....Title: Phone No: OnsiteRepresentative: RlE7lAFl ells----------------------------------._.---. Integrator:CobwatgFar=.-.--------_._------------.. Certified Operator: dabpxty. .............................. F,alatjuxirbi....................................... Operator Certification Number: 19.3.1&...... Location of Farm: Take 403 North from Clinton 4 miles. Look for co. sign on right. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F 34 ' S3 4$ y Longitude' 78 • I7 00 Des,ga :Swine Capacity-4 to Feeder eeder to Finish 3720 Fean arrow to Wean arrow to Feeder ❑ Farrow to Finish Gilts ❑ Boars N `rurtiber of Lagoons ti c. HMini Ponds 1 Solid'Traps C Design_ . Current a Design.. Cur<eat Poultry Ca acit Po ulation • , Cat#ie ,:Ca ace ' .:: Po iilatiioo ._ ❑ Layer ❑ Dairy ❑ Non -Layer ❑Non -Dairy Other s �4 Total Design Ca achy; - 3,7211 Total SSLW: 502,200 Subsurface Drains Present ❑ Lagoon Area ®Spray Field Area No Liquid Waste Management System { Dischar«es & Stream Impacts 1. Is any discharge observed from any part of the operation? ® Yes ❑ No Discharge originated at: ❑ Lagoon ® Spray Field ® Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No b. if discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ®Yes ❑ No c. If discharge is observed. what is the estimated flow in Qal/min? NIA d. Does discharge bypass a lagoon system'' (If yes: notiti- DWQ) ❑ Yes ® No 2. Is there e-ddence of past discharge from any part of the operation? ® Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & 'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway ❑ Yes ® No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 L•lcmiiier: Freeboard (Ruches): .6._. �.6. _ _....._.._.._.._-•--.-_------.._............. 6.510.4101 Continued Facility Number: 82-99 Matt: of Inspection 7-10-2002 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 Annfication 10. Are there any buffers that need maintenance/improvement? i 1. is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 13_ Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack ofadequate waste application equipment? Reuuired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other 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 Reviewerfinspector 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? [:]Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No No violations or fleftciencies were noted during this visit. You will receive no further correspondence about this visit. Comttnents (refer to,question #) Explajo,aoy YIEStanswers and/or any recommendations or any other comaTients:- Use diav��rtg3 of facrhty to better explain sitnalfoms`(rise additional pages as necessary) r c r ,. 7Y5- ,� � _�_� L _.• t xs , ❑ Field Copy ❑ Final Notes mergancy response due to referral from DS&WC staff. Discharge of wastewater to Waters of the State (blueline stream, UT to Gilmore �* wamp). Pon arrival at the site, it was noticed that wastewater had ponded in the stormwater diversion ditch that travels on the west side of the lagoons and into the wooded area south of the facility. Wastewater was observed to have entered the wooded area and converged with he blueline stream in three seperate locations. The downstream convergance was caused by wastewater mixing with a small pond and he overflow from the pond reaching the stream. Total discharge volume was indeterminate but was estimated to be between 1,000 and ReviiewerfInspector Name Paul Sherman "' ` ;Bob He9th John,Hasty , Reviewer/Inspector Signature: Date: U5/US/U1 (;gntinued Facility Number: 82 '99 Datc of inspection 7-10-2002 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 properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 0,000 gallons. More accurate totals would have to be determined using the total volume returned from the wooded area to the ,e wastewater appeared to have origonated from two seperate locations on the facility. There was a broken irrigation pipe under farm mad just west of the lagoons. There was also a broken discharge pipe in the ground north of the lagoons in front of the set two confinement houses_ Waste from both of these areas traveled overland through the stormwater diversion ditch to the wooded a and into the stream. it is indeterminate as to the volume of wastewater discharged from the seperate areas. r. Wells informed us that he believed all of the discharge origonated from the broken irrigation pipe. He also informed us that the .je broke and ran for approximately 15 minutes before it was discovered. Mr. Wells did not know that the wastewater had reached stream. We were informed that the pipe had broken during an irrigation event on the evening of July 9th and the leak in the ;charge pipe was discovered on July 6th. None of these incidents were reported to DWQ within the 24 hour time period required the facility's General Permit. Ale recommended to Mr. Wells that the mixture of fresh and wastewater in the small pond be pumped back to one of the facilities agoons. We also recommended that all ponded waste be cleaned from the diversion ditch and wooded area_ les were taken of the source, upsteam, and downstream. The downstream sample was taken were the overflow from the small converged with the blueline stream. J North Carolina Division of Water Quality Attn: Mr. Paul Rawls 225 Green Street Suite 714 Fayetteville, NC 28301 Dear Mr. Rawls; RECEIVED [8012 i August 15, 2002 In regards to your NOTICE OF VIOLATION/NOTICE OF INTENT of July 29,2002 for my swine farm, Falatovich Finishing #2 (82-99), 1 submit the following information. We hope the situation does not occur again, but in the event that is does , I will notify DWQ immediately upon discovery of such occurrence. We also will make more frequent observation of irrigation events. After your visit on Wednesday, July 10, we moved our irrigation pipe down to the pool of waste/rainwater that you discovered and immediately pumped this water into our lagoon. This was accomplished by 9:00 p.m. During the night of July 10, we received approximately 2.5 inches of rain. The following morning, Thursday July 11, we again pumped this pooled area out into our lagoon on two occasions. We have also repaired the irrigation pipe that was broken. This was done on July 11. An engineer has been contacted to do a design for underground irrigation pipe. This will reduce the likelihood of future discharges. On July 12, 1 contacted a contractor to replace the lagoon discharge pipes behind house 5A & 5B. We will use 12" pipe to reduce the risk of blockage: This work has not yet been completed due to the unavailability of a 12" tee. We hope to have this done next week, but this will be completed within the next few days. am enclosing, per your request, copies of the following: Current Waste Utilization Plan Last 12 months of IRR-2 forms Last 12 months of waste analyses Last 12 months of freeboard levels m If you need further information regarding this incident, please call me at 1 800 934-9104 daytime, or 592-8643 at night. Thank you for your attention to this matter. Sincerely, Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Re op rt No: W08810 W Grower: Falatovich Finishing 11 Copies To: 410 Beaver Darn Dr. Clinton, NC 28328 ... ",r asteAnalysisRoortpFarm: DENR _ 5/20/02 Sampson County Sample Info. Sample ID: 001 Waste Code: ALS Description: Swine Lagoon Liq Recommendations: Application Method Irrigation Sample Info. Sample ID: 002 Waste Code: ALS Description: Swine Lagoon Liq. Recommendations: Application Method irrigation Laboratory Results (parts per million unless otherwise noted) N P K Ca Mg S Fe Mo rota/ 689 86.5 880 151 46.0 28.2 5.13 0.84 1N -N -NH4 -NO3 Na Ni Cd Pb Al Se ti OR-N 206 7 Urea _ Nutrients Available for First Crop lbs/1000 gallons Other Elements Ibs11000 gallons N P205 K20 Ca Mg S Fe Mn Zn Cu 8 Ma CI Na M Cd Ph At 2.9 1.2 7.0 0.88 0.27 016 0.03 T 0.01 0.01 0.01 1.7 Laboratory Results (parts per million unless otherwise noted) N P K Ca M9 S Fe Mn Zn Cu B Total 538 77.2 675 128 43.2 20.3 2.68 0.48 1.28 1.74 0.99 IN -N -NI-14 Cu 8 Ma ("f C 1.62 0.94 1.20 SS EN OM% CCU Atf MO Ci C -NO3 I Na Ni Cd Pb Al Se Li pf SS C:N DM% CCF% AtE OR-N 153 7,4 Urea Nutrients Available for First Crop lbs/1000 allays Other Elements !bs11000 gallons N P205 K20 Ca Mg S Fe Mn Zn Cu 8 MO CI Na Ni Co PI) Ai Se 0 2.2 1.0 54 0.75 025 0.12 0.02 T 0.01 0.01 0.01 1.3 0 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Report No: W06148 W Grower: Falatovich Farms Copies lo: Attn;Marshall Falatovich 410 Beaver Dam Dr. Clinton, NC 28328 Waste Analysis Rohort Farm.- Finish 11 2/26/02 Sampson County Sample Info. Laboratory Results (parts per million unless otherwise noted) Sample ID: N P K Ca Mq 5 Fe Mn Zn Cu B Mo CI C 001 Total 659 65.6 836 172 33.0 Z9.4 2.82 0,56 0.91 0.45 1.28 IN TV Waste Code: AM ALS -NO3 Na Ni Cd Pb Al Se Li pH SS C:N 0M% CCC% AtE K ai 207 7.36 Description: OR-N Swine Lagoon Liq. Urea Recommendations: Nutrients Available for First Crop lbs/1000 gaIIons, Other Elements lbs/1000 allons Application Method N P205 K20 Ca Mg S Fe Mn Zn Crr B Mo CI Na Ni Cd Pb Al Sr Li Irrigation 2.8 0.88 5.7 1.0 0.19 0.17 0.02 T 0.01 T 001 1.7 Sample fnro. Laboratory Results (parts per million unless otherwise noted) Sample ID: N P K Ca mg S Fe Mn Zn Cu B Mo Cl C 002 Total 525 73.4 759 155 35.5 26.3 2.93 0.51 0.86 0.40 1.22 IN -N Waste Code: -NH4 ALS -NO3 Na Ni Cd Pb Al Se 1 i pH SS C: N DM% Description: OR-N 186 7.2 Swine Lagoon Liq, Urea Recommendations: Nutrients Available for First Crop IW7000 allons Other Elements Ibs/7000 allons Application Method N P20s K20 Ca Mg S Fe Mr1 Zn Cu B Mo Cl Na Ni Cd Pb Al Se Irrigation 2.2 0.98 6.1 0.90 0.21 0.15 0.02 T 0.01 T 0.01 1.6 e NCDA ronomic Division 4300 ReedyCreek Road Ralei h, NC. 27607-6465 919 � 733-2655 . _ Report No: W00486 W Grower- Syr ►i Vic, Cgpies'1'o: Wells, Bryan ��� asteAnalysisRehort�ra,7n: C1 Wells, Bryan 405 Seaver Dam Dr. Clinton, NC 28328 7/18/01 F a.lr- -o u Sampson County Sample Info. Laboratory Results art 6er m lion unless otherwise noted Sample ID: N P K Ca Mg S Fe Mn /.n (,ir I3 Iwo c;l l; Total 451 164 804 170 104 48.1 14.0 2.97 7.Y5 5.27 IA() C0151 IN -N Waste Code: -N114 ALS -NO3 Na Ni Cd P6 Al Se Li PH SS C:N I IV% ("CI;% :i1,1ykq,l) _ 210 7.25 Description: OR-N Swine L2Boon Li . Urea Recommendations: Nutrient's Aval[alile fur Fir'st{Crop ..., `. a .. ,, ... :.'lbs/1000,r?allons Other Elements 1bs/1000 gallons Application Method pP Irrigation N P205 A Ca M S+ "'Fe"Mn Zn - Gu B Mo Cl 8� ,,d,. ��.:. 1,9 2.2 6.4 0.99 4.61 o.2S 0 08 0 D2 0 05 ' 0 44 ;, 0.0I Na 1.8 Ni Cd PG Al Sig l i Sample Info. Laboratory Results arts per mill ion,unless,dtherMse noted Sample ID: N P K Ca M S AC Mn Zn Cu B A10 GI C C0152 Waste Code: ALS Description: Swine Lagoon bi . roud 449 IN -N -N114 -NO3 ()N-N Urea 131 799 183 96.8 44.9 10.8 2.31 6.27 3.61 1.34 Na Ni Cd Pb ell Se Li !1 Ss C:N PM% l:i,'G% 'uf"_K g(1l) 270 7.48 Recommendations: Nutrients Available for First Crop lbs/1000Rations . Other Elements lbs/1000Rallarrs Application Metbod Irrigation N P205 K20 1.9 1.8 6.4 Ca Mg T S !e Mn 1.1 0-56 0.26 0.06 0.01 _ Zn Cu B A1n ("I 0.04 0.02 0.01 Na Ni Cd Pb A/ Se Li 1.8 LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG 461 Permit Number: Number of Lagoons at Facility: Farm Name: Owner: Operator in Responsible Charge: Record freeboard plus available storage canacltv in feet Certificate Number: Date Lagoon # j Lagoon # 'i Laaoon # Lagoon # Date Lapoon #L Lagoon Lagoon # Lagoon., 7 1� �" _ 1 I Ikt I. ,-z I - '� � 'x h' i J.- � r'r 0.6 _f } � �?, �i" �r ,'KS -�c t}i �kG' c Y4' i ti� xL•� -2—tV 21of 3M- Ems: -- :: ;r J 77 J- �1 I- �l7:.•.L; _/C • Z 3 3" 53 1 on .3 •L4, 3 1iti .. . .. .. i. I el ly Z­" I .. J 11� li': 4 07 NM . ­k4:. 'Wssl A z 21.2— i. 71 :,.� R 3 M 2— 1),.1 k .. ........... . -11�4-1 is 'I -2- C) //-,),7 2 Z _2 7. _z �c z —le j -3 0 13 2 3 0,3 A M!" 77 Signature Form IRR-2 REPORT DATE: 8/14/2002 TRACT # I Field # Fields Size (acres) = (A) FARM OWNER: F T! Lagoon Irrigation Fields Report FINAL REPORT FOR THIS FIELD f One Form for Each Field per Crop Cycle /�L—L P1 _CB FACILITY #:82-99- 4.50 ICii'F NISH= I : a Irrigation Operator NIA Owner's Address 410 BEAVER DAM DR Irrigation Operator's CLINTON _ I NC 128328 Address Owner's Phone (111)-111-1111 Operators Phone # From Waste Utilization Plan BERMUDAGRASS Recommended PAN 305 000/000 Crop Type Loading (lbs/acre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN ' _ (gallmin) (gallons) (gallacre) (lbs11000 gal) (lbslacre) _ (lbslacre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000 See (11) Below 7/14101 10:00 AM 5:00 PM 420 1 170 71,400 15,867 1.90 30.1 + 275 7115101 1:00 PM 8:00 PM 420 1 170 71,400 15,867 1.90 30.1 + 245 HOURS LEFT TO PUMP I� - ON ENTIRE FIELD USING THE I 68 Of CURRENT SAMPLE ANALYSIS AC. INJACRE 141,t}UU 6U (') NUTRIENT NEED CROP CYCLE TOTALS t-) NUT MEW EXCESS C (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) _ subtracting column (10) from column (11) following each irrigation event. Operator's Signature _- Iof1 Form IRR-2 Lagoon Irrigation Fields Report FINAL REPORT FOR THIS FIELD REPORT DATE: 8/14/2002 One Form for Each Field per Crop Cycle TRACT # 1 Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address ALL -- I P2_C8 4.50 FACILITY M 82-99 irrigation Operator NIA Irrigalion Operator's Address FALAT(7VICFf'FIfVlShtll'n�'"r� .,. � �.. 410 HEAVER DAM DR CLINTON - NC 128326 Owner's Phone (111)-111-1111 Operator's Phone # From Waste Utilization Plan BE;RMiJDAGRASS —777:-� Recommended PAN 305 — 000/000 Crop Type F Loading (Ihslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN (gallmin) (gallons) (gal/acre) (lbs/1000 gal) (lbslacre) w (lbslacre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000 See (11) Below 7110/01 1:30 PM 8:30 PM 420 1 170 71,400 15,867 1.90 30.1 + 275 7112101 9:00 AM 4:00 PM 420 1 170 71,400 15,867 1.90 30.1� +� 24S HOURS LEFT TO PUMP f ON ENTIRE FIELD USING THE 56•8 Or 4.74 C URRENT SAMPLE ANALYSIS AC. INJACRE 142,800 60 '(+I NUTRIENT NEED CROP CYCLE TOTALS •(-I'NUTRIENT EXCESS IN (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature Form IRR-2 REPORT DATE: 8/14/2002 TRACT # I Field # Fields Size (acres) = (A) FARM OWNER: FALAT Lagoon Irrigation Fields Report FINAL REPORT F_OR THIS FIELD One Form for Each Field per Crop Cycle P I-•CF3--1 FACILITY #: 82-99 4.50 rl!FIIUIS)i�l(, ii Irrigation Operator Owner's Address 410 BEAVER DAM DR Irrigation Operator's CLINTON NC ]28328 Address Owner's Phone _ (I 11)-111-1111 Operator's Phone # From Waste Utilization Plan Crop Type SERMUDAGRASS Recommended PAN 305 Loading (Ibslacre} = fBt 000/000 (1) (2) (3) (4) (5) (6) (7) (5) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume T Waste Analysis PAN Applied Nitrogen Balance mm/ddlyr Time Time Minutes Operating per Acre PAN (gal/min) (gallons) (gal/acre) (lbsl1000 gal) (Ibslacre) (Ibslacre) (3)-(2) (6)x(5)x(4) 71(A) See(9)Below (8)x(9)11000 See (11) Below 4127101 3:00 PM 7:00 PM 240 1 170 40,800 9,067 1.50 13.6 + 291 4129101 i V00 AM 3:00 PM 240 1 170 40,800 9,067 1.50 13.6 — + —278 HOURS LEFT TO PUMP (;1.7 Or 6.82 ON ENTIRE FIELD USING THE { CURRENT SAMPLE ANALYSIS AC. INJACRE LSI,bUU 27 '(+) NUTRIENT NEED CROP CYCLE TOTALS I I.(-tNUTRIENTEXCESS b (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature 1 of 1 Form (RR-2 REPORT DATE: TRACT # I Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Crop Type Lagoon Irrigation Fields Report (FINAL REPORT FOR THIS FIELD 8/14/2002 One Form for Each Field per Crop Cycle ALL P4-CB _I FACILITY M 82-99 4.50 FAf_ATOVICFIFINISH IIr�' "it4, Irrigation Operator NIA I 410 BEAVER DAM DR Irrigation Operator's CLINTON j NC 128328 1 Address — --- - �— _-- --� -- (111)-111-1111 Operator's Phone # From Waste Utilization Plan _ BERMUDAGRASS Recommended PAN 305 OOQI000 Loading tlbs/acrel � EBl (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr —� Start Time End Time Total Minutes # of Sprinklers Operating Flow Rate Total Volume Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gailacre) 71(A) (lbs/1000 gal) See (9) Below (Ibs/acre) (8)x(g)(1000 (Ibs/acre) See (11) Below 4120/01 10:00 AM ZOOPM 240 1 170 40,800 9,067 1.30 11,8 + 293 4121101 _ 4 8:00 AM 12:00 PM 240 - 240 - 1 170 40,800 9,067 1.30 11.8 +— 281 —4/22/01 4/23101 — 11:00 AM 5:00 PM 3:00 PM 1 170 40,800 9,067 1.30 11.8 + —270 T9:00 PM 240 — 1 170 40,800 9,067 1.30 11.8 4 258 HOURS LEFT TO PUMP - ON ENTIRE FIELD USING THE L 87.5 or (7.30 CURRENT SAMPLE ANALYSIS AC.IN.IACRE 153,ZUU 4 f (+) NUTRIENT NEED CROP CYCLE TOTALS (-} NUTRIENT EXCESS (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (I i)Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. 0 Owners Signature CertiFled Operator (Print) -- — - -- - - - ---- Operator's Signature — 1 of 1 Form IRR-2 REPORT DATE: 8/14/2002 TRACT # 1 Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Crop Type Lagoon Irrigation Fields Report ' ANAL REPORT FOR THIS FIELD One Form for Each Field per Crop Cycle ALL PI-RO FACILITY M 82.99 4.50 FA0 y! H IN15 111 1� :` Irrigation Operator NIA 410 BEAVER DAM DR Irrigation Operator's — — CLINTON _ NC 28328 Address —_ (111)-111-1111 Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 50 Loadina (lbslacrel = (Bl —_ 000/000 (1) .(2) (3) _ (4) _ (5) (6) (7) (8) (9) (10) (11) Date mm/dd/yr Start Time End Time Total Minutes # of Spdnklers Operating Flow Rate Total Volume _ Volume per Acre _ Waste Analysis PAN PAN Applied _ Nitrogen Balance (3)-(2) (gailmin) (gallons) (6)x(5)x(4) (gal/acre) 71(A) (lbs11000 gal) See (9) Below (lbs/acre) (8)x(9}11000 (Ibslacre) See (11) Below 11/6101 10:00 AM 12:45 PM 165 1 170 28.050 6,233 1.90 11.8 + 38 11F7101 9:00 AM 11745 AM 165 1 170 28,050 6,233 1.90 11.8 + 26 1110102 9:00 AM 11:45 AM 165 1 170 28,050 6,233 1.90 11.8 + 14 1l15102 1:00 PM 3:45 PM 165 1 170 28,050 6,233 1.90— — 11.8 - + - --3 — HOURS LEFT TO PUMP 4 O.fi Or 0.05 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC. IWACRE 1 l Y,LUU 41 ;+) NUTRIENT NEEO CROP CYCLE TOTALS q-i NUTRIENT EXCESS (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (11)Enter the value received by subtracting column (10) from (13). Continue subtracting column (10) from column (11) following each irrigation event. 1 of 1 Owner's Signature Certified Operator (Print) Operator's Signature Form IRR-2 REPORT DATE: 8/14/2002 TRACT # 1 Field # Fields Size (acres) = (A) FARM OWNER: 1=MET:! Lagoon Irrigation Fields Report (FINAL REPORT FOR THIS FIELD M One Form for Each Field per Crop Cycle ALL WJP2-RO FACILITY #:82 99 4.50 IaFtNIShi Il,n� Irrigation Operator NIA Owner's Address 410 BEAVER DAM DR Irrigation Operator's v _ CLINTON NC 128328 1 Address Owner's Phone_ _ _ (111)-111 1111 Operator's Phone # _ From Waste Utilization Plan Cron Type RYE OVERSEED Recommended PAN 50 f I Loadinv (Ibslacre} 000/000 (1) (3) (4) (5) (6) (7) (6) (9) (10) _ (11)_ _ Date mm/dd/yr _(2) Start Time End Time JTotal y Minutes # of Sprinklers Operating _ Flow Rate Total Volume Volume per Acre _ Waste Anatysis PAN PAN Applied Nitrogen Balance (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gal/acre) 7/(A) (lbs/1000 gal) See (9) Below (ibs/acre) (8)x(9)/1000 (lbslacre) See (11) Below 11/10101 1:00 PM 3:45 PM 165 1 170 28,050 6,233 1.90 11.8 �11.8 + 38 -- 11/12/01 1:00 PM 3:45 PM 165 1 170 28,050 6,233 1,90. + 26 1/16/02 2:00 PM 4:45 PM 165 1 170 28,050 6,233 - -- 1.90 11.8 �+ --+_-__- 1/17102 1:00 PM 3:45 PM 165 1 170 28,050 6,233 1.90 11.8 HOURS LEFT TO PUMP 0.6 or ' 0.A5 ON ENTIRE FIELD USING THE _j CURRENT SAMPLE ANALYSIS AC.IN.IACRE 71'L,ZUU 41 .(_9NUIRIENI NEED CROP CYCLE TOTALS (-1 NUTRIENT EXCESS a (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature 1 of 1 -. _. �_ -- • - • - --- Form IRR-2 REPORT DATE: 8/14/2002 TRACT # / Field # Fields Size'(acres) = (A) FARM OWNER: Owner's Address Lagoon Irrigation Fields Report GFINAL REPORT FOR THIS FIELD One Form for Each Field per Crop Cycle ALL P3-R^RO FACILITY M 82-99 4.50 FitR,A3gy 410 BEAVER DAM DRM CLINTON NC I28328 Owner's Phone (111)-111-1111 Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type If RYE OVERSEED lI Recommended PAN 50 I I Loadina (lbs/acre) = (gt � 0001000 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mm/dd/yr LL Start Time End Time Total Minutes # of Sprinklers Operating Flow Rate Total Volume Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance _ (3)-(2) (gallmin) (gallons) (6)x(5)x(4) (gallacre)— 71(A) (lbs11000 gal) See (9) Below (Ibslacre)— (8)x(9)11000 (Ibslacre) See (11) Below 11/14/01 . 10:0o AM 12:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 38 11/i6101 1:00 PM 3:45 PM 165 1 170 28,050 6.233 — 1.90 11.8 +� 26 — 212102 10:00 AM 12:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 14 2/4/02 11:00 AM 1:45 PM 165 1 170 1 28,050 6,233 1.90 11.8 + 3 HOURS LEFT TO PUMP rr 0 6 Or r0- ON ENTIRE FIELD USING THE 1...-� l� CURRENT SAMPLE ANALYSIS AC. INJACRE 7 I L,LUV 4 / '(') Nu rRIENT NEED CROP CYCLE TOTALS '1-) NUTRIENT EXCESS b (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature - ry Form IRR-2 Lagoon Irrigation Fields Report FIIVAL_REPORi'_FOR THIS FIELD__ REPORT DATE: 8/14/2002 One Form for Each Field per Crop Cycle TRACT # ! Field # _ ALL � P4-RO FACILITY #: 82-99 Fields Size (acres) = (A) 4.50 FARM OWNER: FALAT;QVICf I FINISH,tI T-1' Y {`i Irrigation Operator N/A Y v Owner's Address 410 BEAVER DAM DR Irrigation operator's CLINTON — _ NC Address Owner's Phone (111)-111-1111 Operator's Phone # From Waste Utilization Plan Crop Type RYE OVERSEE D Recommended PAN 50 00 0100 0 Loadina (lbslacre) = (81 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr - Start -- Time End Time - Total Minutes # of Sprinklers Operating Flow Rate Total Volume Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gallacre) 71(A) (Ibsl1000 gal) See (9) Below (lbslacre) (8)x(9)11000 --(Ibslacre) See (11) Below 11/20/01 9:00 AM 11:45 AM 165 1 170 28,050 6.233 1.90 11.8 + 38 11/21/01 -- 8:00 AM — 10:45 AM - 165 - 1 170 28,050 6,233 1,90 11.8 + 26 2l7l02 11:04 AM 9:00 AM 1:45 PM 165 165 1 170 28,050 6,233 -- — 1.90 - --- — 11.8 - -- - -- --- + 14 + 3 218102 11:45 AM 1 170 1 28,050 6,233 1.90 11.8 HOURS LEFT TO PUMA 0.6- J Or 0.05 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC. INJACRE 112,200 47 'I+I NUTRIENT NEED CROP CYCLE TOTALS (-t NUTRIENT EXCESS A (9) NCDA Waste Analysis or Equivalent or MRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature 1of1 Form IRR-2 Lagoon Irrigation Fields Report REPORT DATE: 8/15/2002 One Form for Each Field per Crop Cycle TRACT # 1 Field # ALL _i P1 _Ca FACILITY #:82-99 Fields Size (acres) = (A) _-- 4.38 FARM OWNER: §AL•"A� OVigh1FIMISH �)`p> ' `,, t s Irrigation Opera Ir ion tar NIA Owner's Address 410 BEAVER DAM DR Irrigation Operator's —� -- — CLINTON i- NC— 28328 Address --- — - -----~ -- _—� __ —_--___-- Owner's Phone (111}-111-1111 Operator's Phone # From Waste Utilization Plan BE=RMUDAGRASS T Recommended PAN 325— 000/000 Crop Type Loading (lbslacre) = fB) I {1} (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mm/ddlyr Stan Time _ End Time Total W Minutes (3)-(2) # of Sprinklers Flow Rate Total Volume Operating (gallmin) (gallons) �(gallacre) (6)x(5)x(4) Volume per Acre 71(A) Waste Analysis PAN (lbs11000 gal) See (9) Below PAN Applied (lbslacre) (8)x(9)11000 Nitrogen Balance ' (lbs/acre) See (11) Below 5112IO2 9:00 AM 4:00 PM 1 420 1 100 42,000 9,589 2.20 21.1 + 304 5/16102 9:00 AM 4:00 PM 420 1 1 DO 42,000 — 9,589 2.20 21.1 + 283 815102 10:00 AM 5:00 PM - 420 1 100 42,000 9,589 2.90 27.8 + 255 — HOURS LEFT TO PUMP 64.2 fOr 3.24 AN ENTIRE FiEt.p USING THE - l CURRENT SAMPLE ANALYSIS AC. IWACRE 1 Gt],000 (U '(+) NUTRIENT NEED CROP CYCLE TOTALS y-1NUTRIENT EXCESS (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (11)Enter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve b Owner's Signature Certified Operator (Print) -—__��--- — - Operator's Signature 1 of 1 Form MR-2 REPORT DATE: TRACT # / Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Crop Type Lagoon Irrigation Fields Report^ 8/15/2002 One Form for Each Field per Crop Cycle FACILITY #:82-99 3.98 Irrigation Operator N1A 410 BEAVER DAM DR Irrigation Operator's �— CtrINTON — NC 28328 Address �~ { 111) 111 i 111 `` Operator's Phone # From Waste Utilization Plan _ BERMUDAGRASS Recommended PAN 325 000/000 Loading tlbslacre} = IBl (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Dale Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time —� Minutes — Operating W per Acre PAN (gal/min) (gallons) (gallacre) (lbs11000 gal) (lbslacre) (lbslacre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x{9jl1000 See (11) Below 5/13102 11:00 AM 6:00 PM 1 420 1 100 42,000 10,553 2.20 23.2 + 302 5117102 1.00 PM 8:00 PM 420 — 1 T 100 42,000 10,553 2.20 23.2 + 279 718102 8:30 AM 3:30 PM 420 1 100 42,000 10,553 2.90 30.6 _ + 248 719102 9:00 AM 4:00 PM 420 1 100 42,000 10,553 2.90 30.6 + 217 HOURS LEFT TO PUMP ----- r ON ENTIRE FIELD USING THE 1_ 49.7 J Or 12.76� CURRENT SAMPLE ANALYSIS AC. INJACRE 16$,000 1 UC '(*) NUTRIENT NEED CROP CYCLE TOTALS •(-) NUTRIENT Excess b (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value recieved by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) form column (11) following each irrigation eve Operator's Signature 1 of 1 Form IRR-2 REPORT DATE: TRACT # ! Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Lagoon Irrigation Fields Report 8/15/2002 One Form for Each Field per Crop Cycle I--- --ALL I P3-CB I FAC I LITY M 62-99 410 BEAVER E CLINTON_ (111)-111-1111 3.98 Irrigation Operator NIA ------ ----------- -1 )R irrigation Operator's —� NC_ 28328Address ---- -- — -- ---- — --- Operator's Phone # � From Waste Utilization Plan BERMUDAGRASS Recommended PAN 325 000/000 Crop Type Loading (lbs/acre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume —Volume —Waste Analysis PAN Applied Nitrogen Balance mmMdlyr Time Time Minutes Operating per Acre PAN (gallmin) (gallons) (gallacre) (lbs11000 gal) (lbslacre) (lbslacre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000 See (11) Below 5114102 9:00 AM 4:00 PM 420 1 100 42,000 10,553 2.90 30.6 + 294 5/18/02 10:00 AM 5:00 PM 420 1 100 42,000 10,553 2.90 30.6 + 264 7/2/02 _ 8:00 AM 3:00 PM 420 1 100 42,000 10,553 2.20 23.2 + 241 713/02 9:00 AM 4:00 PM 420 1 144 42,000 -- 10,553 v 2.20 23.2 + 217 —� 719102 6:00 PM 6:45 PM — 45 1 100 4,500 - 1,131 - -- 2.20 -- — 2.5 — - + — 215 — HOURS LEFT TO PUMP ----' ` -� 14.1 Or 3.60) 172,5DD CROP CYCLE TOTALS 114 '(i} NUTRIENT NEED ON ENTIRE FIELD USING THE _l '(-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. IN.IACRE (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (I1)Cnter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve is Owner's Signature Certified Operator (Print) Operalor'sSignaturev—� Iof1 Form iRR-2 REPORT ©ATE: TRACT # ! Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Crop Type (1) Date nim/dd/y r Lagoon Irrigation Fields Report 8/15/2002 One Form for Each Field per Crop Cycle - -ALL FACILITY M 82-99 3.89 FAI AOVICIFE Irrigation Operator N/A —W-------- -- --- 410 BEAVER DAM DR Irrigation Operator's _ CLINTON NC 128328 1 Address -- �— �— (111 }-111-1111 Operator's Phone # From Waste Utilization Plan j BERMl1DAGRA55 Recommended PAN 325 000/ 00 I 1 Loading (lbs/acre) = (B) (2) (3) Start End Time Time (4) (5) (6) (7) (8) (9) (10) (11) Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance Minutes Operating per Acre PAN " (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gallacre) 7/(A) (lbs/1000 gal) See (9) Below (lbslacre) (8)x(9)11000 (lbslacre) See (11) Below 5115102 5119102 7I1IO2 10:00 AM 11:00 AM 10:00 AM 5:00 PM 6:00 PM 420 — 1 100 42,000 10,797 2.90 31.3 + 294 420 1 100 42,000 10,797 2.90 31.3 + 262 5:00 PM 420 1 100 42.000 1 10,797 2.20 23.8 + 239 7002 9:00 AM 4:00 PM 420� 1 100 42.000 — 10,797 2.20 23.8 + 215 HOURS LEFT TO PUMP r s3.3 I Or 3.60 ON ENTIRE FIELD USING THE L_ J 1.� CURRENT SAMPLE ANALYSIS AC. INJACRE 168,040 CROP CYCLE TOTALS 110 '1+t NUTRIENT NEED •1-1 NUTRIENT EXCESS b (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (t i)Enter the value recieved by subtracting column (10) from (B). Continue Certified Operator (Print) — subtracting column (10) form column (11) following each irrigation eve Operator's Signature — — WASTE'UTIL• IZATION PLAN Coharie Hog Farm Friday, June 16, 2000 Producer: MARSHALL FALATOVICH Farm Name: Telephone # : Type of Operation Number of Animals: Application Method: Falatovich Finishing #2 410 Beaver Dam Drive Clinton,NC 28328 (910)592-8643 Feeder to Finish swine 3720 hogs design capacity Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and avaialable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. if you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste ar% not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 of 9 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, 0, tons, etc.) 3720 hogs X 1.9 tons waste/hogs/year = 7068 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 3720 hogs X 2.3 Ibs PAN/hogs/year = 8556 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and suface application. TABLE I : ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC. DETERMINING PHASE CODE NIACRE NIACRE USED TIME j 6703 3 NORFOLK 0-2% BH 6.5{ 3251 01 16.23 5274. 55 MAR-OCT 6703 {- 3 ��NORFOLK0-2% SG 1 11 501 01 16.23 811.5 SEP-MAY 6703 3.1 NORFOLK 0-2% 1 C I 110i 117.7t..01 15.48 18221 MAR-JUN 6703 I- 3.1 NORFOLK 0-2% SB I 331 132# 0 15.48 2043.361APR-SEP 15 6703 I" 3.1 €NORFOLK0-2% I w ! 60{ 1441 01 15.48 2229.121 SEP-APR TOTALS: 9133.49 -- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. " indicates a Crop Rotation NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. V Page 2 of 9 TABLE 2: AQRES VVITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) There are no Acres Leased Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding. **Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP UNITS LBS NIUNIT C CORN j BUSHELS 1.25 BH HYBRID BER_MUDAGRASS-HAY j TONS j 50 j jSG SMALL GRAIN OVERSEEDED I AC 50 -j - - jSB � SOYBEANS j BUSHELS 4 W j WHEAT BUSHELS 2.4 1 v Rage 3 of 9 TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED (TABLE 1 31.71 9,133 ! TOTALS: ! 31.711 9,133 AMOUNT OF N PRODUCED: 8,556 - BALANCE -577 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE; The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1376.4 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5.92 months. In no instance should the volume of waste being stored in your structure be within 1.6 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsiblity of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. The folloWing table is provided as a guide for establishing application rates and amounts. APPLICATION APPLICATION! TRACT FIELD SOIL TYPE CROP RATE (inlhr) AINT (inches) f6703 '3.1 NORFOLK 0-2% w 0.50 '1 ! 16703 JNORFOLK 0-2% SG 0.50 "1 6703 'i.l INORFOLK 0-2% SB 0.50 '1 — 16703 '3.I NORFOLK 0-2% C 0.50 '1 6703 1NORFOLK 0-2% BH 0.50 `1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Page 4 of 9 NARRATIVE OF OPERATION Acreages are based on a wettable acre determination completed.on 12-3-01. Producer has option to rotate cucumbers on a small portion of the row crop acreage. Apply no more than 75 Ibs. of nitrogen BEFORE planting. No applications should be made after the crop emerges. OF Page 5 of 9 PLANS & SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide MRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See 'Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance.) "7. 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 conditions conducive to odor or flies and to provide uniformity of application. V S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. 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. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Any new swine facility sited on or after October 1, 1,995 shall comply with the following: the outer oerimeter of the land area onto which waste is applied from a lagoon that is a comaonent of a swine farm shall be at least 50 feet from anv residential oroperty boundary Page 6 of 9 and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste other than swine vvaste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those owned by the landownwer. 14. Waste shall be applied in a manner not to reach other property and public right - of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. *16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. *17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessibly. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. *18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. *19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied as a preemergence with no other applications of animal waste during the crop season. '21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume fpr waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at feast annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production amd maintained. Soil and waste analysis records'shall be kept for five (5) years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. Page 7 of 9 23. Dead animals will be disposed of in a manner that meets North Carolina Department of Agriculture regulations. " Liquid Systems Page 8 of 9 NAME OF FARM:. Falatovich Finishing #2 OWNER / MANAGER AGREEMENT (we) understand and will follow and implement the specifications and the operation and maintenance precedures estalished in the approved animal waste utilization plan for the farm named above. 1 (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. i (we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 9-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: MARSHALL FALATOVICH (/ SIGNATURE:; _ _ _ DATE: NAME OF MANAGER (if different from owner): SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Curtis Barwick AFFILIATION: Coharie Hog Farm ADDRESS (AGENCY): 300 Westover Rd. Clinton, NC 28328 10) 2-1 2 SIGNATURE: DATE: a please print Y- /% o% ?age 9 of 9 ^' -�' Y� �ai'�;'�' ".���'+�'e '.'it• - f� ( 7 - �,`IA�{L\"�r :S '4Z,f�� �y�.;`'Y':'1.�N`L+.j�.�,����kY •�iy,*`� � ,�r'�t i ���. AA for •` i', ` •�-�'�5�y \ ��. 1 1> �J !} : W 5 1 !4 l !el, ' 7!+ E� i }.<1..' is ') ly 4 14 IL Nati'. •'r,e It �"" FA w9fi`�'� fSG� rt • ,t !U S � I ' � �� i1 � al ^�Gf r' S 3 � � C-�d[t.l c,r r'r � .`.li WID ` � 1 + iP.^� % .�•` /�f� •r'4 �. ,.<. , a, -+�•��Jr� 1 +yqa������ i•H n,�f �i• � Lj �• S 1�.4.�iYY�,� •S.�kJ i F +, .3. j� I ,.. ;e• .�1/1 J V.Z*'..+� . t (r3�� `'aT,►;^ ``11Y•"':�.�� . - ;" 3f, r77 � , ``� ` •• ` � , - G1{� � ! -tip ! Sr"I` ,'-ir,+�K�[,`. ' `� —. i�+ -..47'�A� }.{`..- . .� -lY ... ., �. '.Y Y�:7i <: •'ii�: �L .-,1 �il� h�..{•'!'�. .�f.� � .- Y -. a Insect Control Checklist for Animal Operations uurrc ► ):Chit' 1'r:irlitcS Liquid Sy51cnls I lu: ii f iut� :rs _._._ _.---___�_ lrcunudaltiln ilk solids Pr HUSII System is (ICSiglICll and 011CI C11 sufficiently to remove accurludatcd Solids liclrll (l�( guitars as designed. Vemove bridging of accumulated solids ;it I i,gll11n1 :raLI Ili[., CI 11,lC11 Solids Iv}ainlaill Itlganns, Settling itasiuS anti pitS where —y- --- -- -- - - -- - - pest breeding is apparent In minimiyc: the CIIIStillg OI SU1111S 10 it deillll of oo 1110le tll;ln 0 - 8 Inches over more than 3111/u Ill sm fiwi— l:> 4 I )k•cliyillg ve gdatiou Cl' Maialaio vegetative collilnl alonl; haill;S of l;i Iti1'Ili hgdolls allll Uhler impollildillelils IU picvCllt ilCCllllitllalitili Uf(ICC;lying VCgClatiVC 111a11Cr Mimi; 1valer'S edge list iimlmlinditlelil's 11c;1 III1em I I.c,I�:,:, • I'ccil t;Illlt:il;1: Arcaoltolations of Cecil residues Dry `;yslcnls _ I)CSign, oiu:ratc alld olainulin fcecl syslenls (c.i,., hunkers and troughs) to minimir.e Illc ilcculnlllalioo DI'dt:cayillg wasiiigc. Clcall up sllilhge on a routine ha:cis {c.g., 7 - i11 clay iitlerv-it dorinl; snnuller. 15-30 day inli:rval closing veinier). _ Iteducc nlilislure llccunrtdatioll within host - ;,rnulul inoncdiai� [uulutclr,r of Cec:d slcutii;c alcas by insulilig dr;lill:igc: ;1way Iiool siia andhir providing; adetimile c:onlainutc lit (c covcrcd hill for hiewcl's grain ;lull Similm hil;h rlroislure grain Ilroducts), hisiieci lilr imil icoinvc or hivA ill) iiccimmi:ocd Solids ill title, slrikis ammill 1i cat oill ilil,c iii,edult. .fit.', 11,.v,-inln-r II, 1111l6. Talc: 1 Insect Control Checklist for Animal Operations `; 111Y1 l: (`•,i,l)C 11hills !ir ('Ilni1.11J1 111SCOS i.Illlliii SySlClliS ���-_------- I �u',l� i illll :l', ��CClli ll Ylldl lu„ 111 sl,lllh it I'lll Sll SySlelll i8 llesll,n Cll ill111 nllelmed Stiflicielilly to relill►ve accunlfilateil Solids fillnl gullel'S its designed. Remove 151-idgilll, ilf accIIIIIIIIalCll SnbIIS ;it ---- 11i5C11111-ge il14 C41 5411i5--- �%• hl;llllliiln lill,il{1,15, Sl'Itll11l, 1,;151115.,Illl I7115 L1'1kClt Ilcsl bleeding is apparcnt to nlirlinlire Ole Gusting of Snlills to a depill ill'Ilu Inu1C Illan (l - II iiidw : liver mm-c than of sol Iacc. cr hlainlain vcgelalivc cullllol alcilig ballLs of _ - 1 H„ oil, lagol)ns and enter imptitiuilnients Ill plevcnl jWCull,ilLliioil of l{ccayirlg vel;ctalivc rlllitler alnnl; %valal's edge fin inipoilli l,licul's llcliluelcr. ,:,:Il til+u.Yl�s: .-�--- - --- -•--� Accunu,lutinns of lccYl ICsiilucs Illy Syslcuis 11csigil, lipc,alc alld mailllaiu fCcll syslCms (� �- blIACI'S amI lrinil;i,$) In Inininlirc Ilic accunlulaliurl of llccayinl; wilzi8c. I'Ican uI► spillage nn a routine basis (c.li. 7 - III slay interval during, sillIIIIICI; 15.31I slay inll:rval 411I1 i111; winlCr). Iteiblce limisliuc acciilillilalil)n willlill and prounll ininiclli;itC I,crilucicr of I'ual slnral;c areas by illsuliul; Ilrain;ll;e;nv;ly lionl silt willAw Ilroviliull; allelplalc coillainnll:nl l:ovclell Ilia fur Ilrcwcl's I;raili ;oul si,uiliu Ill,. If InllislINti 1,ralil Illilllllcls). lisped liir and icumve or keak fill ;n'.i:unfillatcd solids tin n IiIICr sills arorlul) fe,.lI star Ili:l.'i ed, �•--�- Silt: tip.'Clltl' At. ILr,'rinllrl 11. 1096, Swine Farm Waste Management Odor C(�.atrol Checklist ,IIuIrL: (;lust 11RI s i4l 117i(liu►icc Odor I ,Illu:.l�.11l .;%Ouc Isrulluclit N ICY Vel,cialive or wooded hllffi•rs; Rk Re.c1111 int'.11(kil !lest Inanagc1lient pracllces; flip Good jodl;menf land collimon sense Auiul,ll Ilmly :.ul facci l lil ly liu mne-comed allirlmls, f"a Dry floors _ I j - t�1L:1 Illilallll l:-CLIt'L1C(1 11t'.;ils Cl��illallC{I fll l(11 `�; R'W.IIC(Trs 1OCiijVIl over slotted Iloors; I"] Feeders at high Clld ofsolid flools; 0 Scrape manure buildnll frnm Morris; Pr--1 IFIdul flour veil ilation for 1lryillg Halmld l.i,lk'Llloll 11i1', �lhiIIC;� ---- F1 Flo(plem lllillallie leill(lval by 111Is11, pit Ict-11111-ge, • I'inliul uli(:whial decoulllosilion or scrali:; n I Iladcllloor vclnilaliun �'CflL ll ,l l,lll r. .l ,.n c.l I,In:,T •-�/ulIlilC I,e;Cs', �-_------1�1'illl Illil llilClli111CC;u_ -------.-�--- 1>n�l fs—i/lAlicielll ail nll,venlent Il I�IIu�I �I11 LII, C�, --- -. 1-h15[-_•___.�__ �`�iltilll{(ilvll butwecil ArUllps (If alilllmis; —_--- ri Feed iaddrlives; fl Feeder cilvus-, P-�I:Ccd dclivcry downspow emundels lu f,x(ll:l covers I ILI:,II Lllll.• _._.-__. ..___ �— A1;ilali(m of recycled lagoon r.1 Fills11 lank Covers; lillui,l w11ily Ianks mu filliiig Cl Exltnift rill lilws In Bear bollum of la(lks will irllli-siphon veins Agilalinu dminl; waste+valcr 171 1liufcillnor Ilusll Willi mtdcillmm- v,:ulil.Ilinn� CnFlve}'illlla: Agiladim of recycled lal;ur,n —�_n Extend ruclr.(rl;e liu(a lu ucar I,r11Imll ,Ll,11i(S lilluid while Luis ilrc fillip!, with Anti -siphon vcrlfs 1 Ill A,Ilww, Al;il,rlion (Iminl; sunup lank C) Sump tank covcis --- li11iF11; and drlu•1{u+vn ( I,Il:,i11L di.tin L OHL:cliun Agitalimi lluriog WiBICWAN n linx Coos uI IIIItL.II(lil bMCS C(111ve),'inlet,' :it.1( I(: - 11,1+•,:lllllel 11, 1996, Page 7 —�--•� Silt: tillcciliE: I'ril("iirrs --~u-� ' |"u"m/ uv'vxyoxcc hC000Quid level uoosvvu; kv / ° 8v.k`Ci,n| mixiv; R4cmrut |oCoon owUuq`pmccdomc iohomouodaueumo-1o'vu}omcMOO; P-M|o|mmnoUj|mioxwhoopvmyixX� n NcdmoiCo|ucm{iou; [l |`own` No|og\m| o,Ni/iv^x '`- -i'------'---- |vcssxxoQmm»'� ------- --'------- '------ cn xnxg�wiUo NUx.xo"vw &muoodry days | wind; Wind di'Millimummwvkx|oy«m!ioC|":oxc� F[ (\ox|)hUokuxumrhigoxylUYoi|oxSur; - [l |'mopkomsecoxd,moKcbX*«» Y^oio\muno,ml`|cuo/4wumm/; [] Umxmltic mkU,vo|hwx|u:; Mixing n\/ilvfilling; [1 Tank covers; ' � AChntim wkxo emptying [1 |hoill sx/[xe Inglis (if Solids; [] |)nvunbiological mNi|ivcxoroxiJxxo ill m|m/�:m»m|ow,mqxnxx"/ [] [x/o/N"|miIll i|w.^x|u,mx|*umIll U(In iJ ° Mixing while QU»g; |ovo|� ^ �Chmkv� vkco mm[xyio�� umovu�cxkx| o. � *&o / | y [] K UJ h -- - --_-- Axx*k"/%Vhc" _ _--_-___----_ _- _--_ F) Soil hkicuioxo[sonybhx|um; mo|'u ° VAX gm nxwioos 0 VIA m0do»\ mmnxrc Gmo` Mxox.|x/:hc/mc: F) |h*uIbiological x'|Ji|iwm.voxidwxs VolmNe gmxmiuiooswNle [3 S`,UQui/mob|o//ybhxwus |i/U J/YioX [? Soil incorporation within '18|m.; uxu.,, [1 Spread ill ihio./oihmx Nyum kxuV,i| (1/yix|.; ' [] |'fovco hio|Ogiux| mNd|vcs onoxi|mUs E4-^IYo|l�rJis|xall000[wnos's:s ' --'---- ---'--------------'----'--' |«u 9T |Yoycr|000ioo/Cmmnm*o om/`yvp| pu ---__--_-_-____-___- |xoxu|Juumm|muiox _-_---__----_----_---__-------__- [.1 Svc=dxryun,khon/us xN( |`oxc1 _ Cau'c 111411's lu Miuinlize (}dilr _ Silt: Specific I'r;icliccs SI,ulJliig w.11cl i l,ulutl — --• lntlnullcr dtaiitage; --- R CirarjC artd f;ut(IS c;lltc such Ilkill watch ilrslirls ---� -- -------�-µ�— IAL:IhOL:�, 0 tAit:ruhial dccutunnsiliun 44, away ftulu facilities ,ltl;ilnlc mallel I"hmilt: wld,1:11 oloo --- ,-Pool'ly lllaitllainkid accCSs roads ., Fans] aCCt:SS fr,il[I lllaintC,li,t CC IllllIllc I11,1(k I-141111 1,11111 r ddilillll;ll tllltillllilll"Sil _ Avallilldc I•Ittln tiwmc A-hlww NI'llwl ;tucill ; 0200 IttlltalINH, I'ackcl IlC'�;l { t aunty I{),It:nwiun CC111Cl -----_ _ tits iuc 1 odlit_linu I allu I'utcnlial (Mor Sources and Remedies -, I-BAF Fact Shed lIt'';I1 - IiAF :itviuc I'mdut liull F.Icilily f',huuuC MalUIBMI 111: Nil itcc{lsrl;e - Lagmin •1'rc:alnu;til ; I:IIAF 128.88 ,`;will; I'+odmiliull k�,lcihl}' hl;uiiirt; fa allat;elueul: Undcrllu+n Flush- Lagoon '1'realntutl ; IatAli 129-88 I.agmill I lc�it;u and AFtual;cntcul rill I.1VCS10ck Manure Ticalmoil and Slitragc ; EBAF I03-83 r'oIiIIIaIiktlt of t,l;uturt; ;ultl Wii; .Icw;uer Ali pheisIit) n Iilluilmen I ; IiIiA1, FiLd SIIed I 'i,utlt,llinl, t t,luls hom Swinc 11tiddint;s ; 1411-33 1 Iiviio11111C11t.,t M:�mMta:e Nlrlgl;lill ; IIITC- N1,1n11,11 I tllll.,n: Il,l Al;11li,l;int; ( ).Jill' ; it ICIM11 I•lunl IliC Swine OL101' Twik Fmcc 1 hW,•ulta: I't 1�c111 ill Altiul;ll hlallurt, k1allagc1ncnl: 0,101S alld Flies ; PIM107, 199.5 ('unlircnce NIIICL'Cdinl;S ;'%1,it 11' - Ilovr.ulln:l I I, 1990, {',y;c 5 hlt_�it 1 _ HAF hR:SI I - IIAIi"' VIt'til1 - IIAF hti'til I - IIA1: t• CNt I - 5wiuc EXICnhiilll MC I'lllk I'luduct'ls Assoc N('St I At;ti t'at ummlicalinits Hol i11,1 1'unllvlalivc Fklc�lv;1011 Mortality Management Methods ie;le� ,,hi:h mc:hoL(s), are being implemenieal J Burial Mat On bentach Ve .-u ac: of At SJOU d 'within 2z hicurs On- h'.owAse o; Oe AM. I he ..ii:S; A = lem 3C�� t.... ..'J -1 M the case of dead 7cuR =!. piahng in 3 QIs osai :It of _ Size ^C .'.:1' :%�-T lod* '.vhich in ,he pr.fmicnal opinim Lei: lS massibie the salvage of a n of a dtzc 3:iii';fi: ] va: -e ll'•:i cu: en tinge nc iuman or amirn_i ASK a?pra.ai of the Wea:= ,,..-us[�be avac ie^1 4 EMERGENCY ACTION PLAN a 01N ?-1Zr'4S RS �7 5w'CD 5 "- - 7 `G 3 l\-RCS 5-12 - 7 ;4, 3 Th-=s D!�:1 H a be : pie.:,e- te� in t7e Yve:1. tii+: wastes mom your Daeration are lcal stir pVer:ICk'In? Cr i m[ :' c3tt. You should not L�iLl wp-st�S r--a ISu:face water s .. ., or leave your, propt-v to consider that you nave a probiem. You should make every eriDr: to ensure that t.1-I's does not ha? -en. This elan should be -ousted in an accessible location For l e vet-$ :u t Ta ,sir r nt ri T1C t -1T� r Atm.- t al ii7e1P. - _ i_'] �. .�. 1 Ft7llOV, _ �;- st,.:s.. a..i1Dn It--_S you should tzk-e. Stop the r2lea5: of wasies. DevendiIl? DP the sit' ation, i1iis may Or may not be -0as`SI^.e. J'.:=geS:ems reS-oCnsCS to shire possib'ie vroblens are h sted below. T 2�Pu� D'�'e:i30'�'-t)CSSl'Jle solutions ?SC. a. A.dd sc;l ti Der'7'sD Increase elwL'at1PP. of d=, 'wasi_S tD fields of c. S"oD ail flows to Lht l zoer cal , a CD'trazmr. - e. Mr,..:_ 5U 1G SUT—rac_ w_te_ is e:Ite iagPar:. .�' : rZ'_ssiCi: ::D-1 �'�t_ a�DllC3tivri Iield-cci<on5 ihr':ude: a. im: fie^iatnly Stop wart_ =Vhc2.tior. b. Crease a temporary diversion to contain w?-ste. r. 1r1r- 'Orate riaste to reduce :anon. d. _ :'al:,ate and eLu 'pate the 7C2son(S) ,,hat caused the -, Lmolf. v e. ^�'aiL'a t: the au^]ICSIIOn rates for:he iIw145 where runOlI OCCui:Cd. C: Le�.:.a. e ;rO::s i7_ 1%'c'Sie DIDeS Ind SDi:i7F:!:'S-3CtIcon include: LJ. C1V-0 ----- ilc iI D. L,m, L-. c. C1CSe a !"_5 :C^CIi � u.I. a!1 !!:aKs T107 to itSta:iinc : .__sK-zt! ..from f,,7'=:,-''Sf=":5. i3OLS"5, SGlli: StCL iC)rE-_C:ion inCluce: t. ?s}:e ;�-e �D :Phan. oc_.L:Tz :1. .`.1CCu'_ 1% ;I'iC 1',aLS� :!L`Sil S'�'_ie:;75, oI'sv!1C SCearators. to rt5:a irlc ;pu,--oS. -T T -._. _P .. orn bye or side ,;_ll c. !---goon. O aEs is sztpa? as O_ppostn Ic flowinz ilea.-- action: Z. Di c a S-al1 5=11 OrAAh 2`;,TY frorn trle eiub-an, rntrtl .- :a* ::'n 2—Tl seeua, ;,u- ... a S'L; :Mers bk yPurnp, and pu -p back to lacoon. a'� C. 13 '1o1e5 are caL'std by b-,:--o�'.n ° antn nal5, trap or remove anknals and M1 Doles and compac. wi--h a clay' tti'7w Soil. c. Have a rofesslor,a_l eval`�_L_.i:ne condkion of t e Side ti.0s i r'd lagoon bon:. - as soon t5 vossi le. ?. assess Iflt e cat of the spill an'd Rote any obvious L'zma ts. a. Did Lne waste reach any surfacz G.'atzrs7 b. ApFrti^xi=. aiely how "]ucil was releas=d and for What duration? c. Any o:a. age noted, such as e:i:aloy--- ::-?lury, fish Kills, or proptiy da-,nazc? d. Did _ne 5.-:11 leave iht vrot?eii :? e. Does Lnt ]pi lla have t:e�otenLl� t� rtacf5u—, fa t Waer_? i. CaL'lL z ff-u:urc run event cause tht spi11 to .w3ch Surfaces v.'at LS? .".I_ Azable 'Hmar wells -in dang-er (elLner on or ou of L^a= h. - oVN' 1:.'==.. reached Sur: cc %paters? . CDntacl a^u_r0�ri, : �'Pncits. a. During nc=pal business hours, call your DWQ (Division of Water Quality) r_f onal office: Phone - - . Afor nouns, ern_rgency naahe_: 914- 330942. Your phone call should include: your mare, iaciliry, telephone nL'rnbtr, the dwtal.i5 of f :e iF MAnt hani held 2 above, the exact location of Lhr- facll-irv, the location or dh=don of movwn eni of the spill, weather and Wind coudiboav line correAve tn=sures that have beep under t ken, and the seriousness of Ac situx]on. b. If spill 1=ave5 -,r,--pe7Ty or enters sur.ace water, call local MS Phone nurnber - c. histr ic: EIMS to contact local .Health Dept ,mcnt. d. Contact CES phone number - - , local SWCD office phone number - - and local tiPCS of=1c_ for advicrJte-chnical assistance phone number - - If none of the above works call 911 or the Sheriffs Ekpa onent and explain your problem -..c Iherl and ask That person to contacI the proper agencies for -you, r e � 1 :r•• � C• tie ! L1.PC-�r� i.% �... ''1.-" :wit. L� •.-1,..j in.. p s C' G:i:ice. a. Conti..::crs Nc.:te' 7. Comirazzo._ Address De-:f! er 18, i 9-96 6: Contact she technical specialist who ccniited t :-- lagoon (.NRCS, Consulting r_ngin:�er. tic.) i,. Phone:- 5 y _/r irnpletnent arose ures as advised by DWQ and technical assistance aencies to rectifN the dunnage, repair the systern, and reassess the waste rnanagement plan to keep proole .s with release of u zstes horn happen z again. gr Dectmrer ? S. 1996 X4# jjn - i f t I J Notification of Wastewater Spill in Sampson County House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations industries and others who operate waste handling systems issue news releases when a waste spill of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following new release has been prepared and issued to media in the affected county (ies): The Falatovich Finishing #2 hog farm of Clinton had a wastewater spill July 9, 2002 of an estimated 3,000 gallons from an irrigation pipe. The partially treated wastewater spilled into an unnamed tributary that flows to Gilmore Swamp in the Cape Fear River Basin. Falatovich Finishing took immediate corrective action and returned "approximately 75% of the spilled waste back to their waste lagoon and notified the Division of Water Quality. (The Division of Water Quality is reviewing the matter.) For information contact Falatovich Finishing at 910-592--8634 s i JAIL 15 2002 E North Carolina Division of Water Quality Attn: Mr. Robert Heath 225 Green Street Suite 714 Fayetteville, NC 28301 Dear Mr. Heath; July 12, 2002 In regards to your inspection of our facility, Falatovich Finishing #2 (82-99), on Wednesday, July 10; 2002, 1 submit the following information. On Tuesday, July 9u' at 6:00 p.m. we began irrigating in our coastal Bermuda field adjacent to our lagoons on this farm. After beginning irrigation, my employee, Bryan Wells, left to check my other facility. Upon his return at approximately 6:45 p.m., he discovered that the irrigation pipe under the road had broken and waste was running into the diversion between the lagoon and the farm path. We knew that the Soil & Water inspector was coming the following day so I did not call this in to DWQ. The discharge occurred between 6:00 and 6:45, but we feel that this waste discharge lasted less than 45 minutes in duration. The previous Saturday, July 6, 2002, my employee arrived at the farm and discovered a leak coming from the lagoon discharge pipe located behind houses 5A & 5B. This was caused by a :;lockage in the pipe. The flush tanks were cut off and the waste was contained behind the houses and in the diversion between the lagoon and farm path. We did not see any waste leaving the farm and going into the woods, although it is possible that some may have entered the woods and the stream during the night of the fifth of July. We are uncertain as to this. After your visit on Wednesday, we moved our irrigation pipe down to the pool of waste/rainwater that you discovered and immediately pumped this water into our lagoon. This was accomplished by 9:00 p.m. During the night of July 10, we received approximately 2.5 inches of rain. The following moming, Thursday July 11, we again pumped this pooled area out into our lagoon on two occasions. We have also repaired the irrigation pipe that was broken. This was done on July 11. On July 12, 1 contacted a contractor to replace the lagoon discharge pipes behind house 5A & 5B. We will use 12" pipe to reduce the risk of blockage. Vde,hope to have this done next wegk, but this will be completed within 30 days. If you need further information regarding this incident, please call me at 1 800 934-9104 daytime, or 592-8643 at night. Thank you for your attention to this matter. Sincerely, Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 _07f12•'2002 16:32 9105920224 COHARIE PAGE 01 , 4 ,F ax,. ' t To: Robert Heath From: Marshall Falatovich Fax: 910-4,88-0707 Pages. 2 Phone: Date: 7112102 Re: CC: ❑ urgent ❑ For Ravlew ❑ Ploaea cortmesne ❑ Please Repbr ❑ Pft a Rocyde o Conwnonto:. r i 07/12.'2002 16:32 9105920224 COHARIE PACE 02 2� .fufj'12, 2002 North Carolina'Division of Water Quality Attn: Mr. Robert Heath 225 Green Street Suite 714 Fayetteville, NC 28301 Dear Mr. Heath; In regards to your inspection of our facility, Falatovich Finishing #2(82-99), on W -<x •. F 10, 2002, 1 submit the following information. On Tuesday, July 9 at 6:00 p.m.�rbegen , irrigating in our coastal Bermuda field adjacent to our lagoons on this farm. A#betbeginrlg irrigation, my employee, Bryan Wells, left to check my other facility. Upon it e rn at approximately 6:45 p.m., he discovered that the irrigation pipe under the road had b>raian and waste was running into the diversion between the lagoon and the farm path. We knew that the Soil & Water inspector was coming the following day so I did not call this in to DWQ. The discharge occurred between 6:00 and 6:45, but we feel that this waste discharge lasted lose than 45 minutes in duration. The previous Saturday, July 6, 2002, my employee arrived at the farm and discovered a leak coming frcrn the lagoon discharge pipe located behind houses 5A & 58. This was caused by a lockage in the pipe. The flush tanks were cut off and the .w�te was ` contained behind the houses and in the diversion between the lagoon and farm path.' VlW'did not sea anyfwaste leaving the farm and going into the woods, although it is possible that sow array have entered the woods and the stream during the night of the fifth of July. We as% m as;:a.. o to this. Y70 - After your visit on Wednesday, we moved our irrigation pipe down to the pool of waster that you discovered. and immediately pumped this water into our lagoon. This was at�owrtptshEd by 9:00 p.m. During the night of July..;10, we received approximately 2.5 inches of rain- The following morning, Thursday July 11, we again pumped this pooled area out into our lagoon on two occasions. We have also repaired, the irrigation pipe_ that was broken. This was done on July 11. On July 12, 1 contacted a contractor to replace the lagoon discharge pipes behind house 5A & 513. We will use 12" pipe to reduce the risk of blockage- We hope to have this done next week, but this will be completed within 30 days. 0 If you need. further information regarding this incident, please call me at 1 daytime,:or 592-8643 .at night. Thank you for your attention to this matter. Sincerely, Mr. Marshall Falatovich 410 Beaver Darn Drive Clinton, NC 28318 806 934-s1oa Er " (45 8 844 733• 67 i� UC IpN E INDEXED '�A,4- A c� i2.40A 113AR 6r (31 (16.24A) r r3rg < �" ► # 3525 U 71 6166 Ay- V '•i - (8.68A) =: 4959 •;fie Report to: r �b l]Lr> WATER QUALM SECTION CHAIN OF CUSTODY (COC) RECORD Page of NC DENRIDWQ LABORATORY (check one): dcENTRAL [J ARO I] WaRO For Investigation of:— s Sample collector (print name) and DM-1 forms completed by. 11 / Sample collector's signature: Field storage conditions and location (when applicablc): Lab Use Only LAB NO-- STATION NO. STATION LOCATION DATE WMPLED TUAE SAMPLED NUNISER OF CONTAINERS .SL�cc G 711 c z ! 2: f -o .Z z JZ ' Ys 2- W 13 -7/00z /2 I`v 2 Relin wished ign ure): Date Time c v by (sign e : uplagLU at Time Relinquished by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment (circle one): tate Caurier Hand -delivered Federal Express UPS Other: Security Type and Conditions: Sealed by: / Brok b : INTRALABORATORY CHAIN OF CUSTODY - Lab Ilse Only LAB NUMBERS FROM THROUGH NUMBER BOTTLES ANALYSES REQUESTED RELINQUISHED BY. RECEIVED BY: DATE TIME W 4 WNw I ._ QAIForru\Sample Receiving\COC form WQ - — 4llpi8E�hc� DIVISION OF WATER QUALITY t .ti j Chemistry Laboratory Report f Waler Quality COUNTY RIVER BASIN: SAMPSON P!{l.4Bf!]C AMBIENT QA STREAM X� EFFLUENT REPORT TO FRO Regional OBioe COMPLIANCE X� CHAIN OF CUSTODY LAKE INFLUENT Olher l EMERGENCY VISIT 117 ESTUARY COLLP.CTOR(S) : 311ASTY Lab Number : 2W4629 Date Received: 7/11/2002 Time Received: 9:30 AM Received By DS n V Data leered : JJJ AR Date Reported: 7/24/2002 Falmated SOD Range- Station Location: UPSTREAM- FAI ATOVICII DISCHARGE Seed: Chlorinated: Remarlu: Station / Does Wn (yylmm/dd) Date End (yy/mmldd) Tlme Be81n Time End Deptb - DM, DB, DBM Value Type - A. H. L CampadtbT. S, B Sample Type M2 • UPSTREAM 20020710 1245 X DOD 310 2.2 G5 m /L COD High 340 m L COD Low 335 m L Colifmm: MF Fecal 3106 / 100ml Colirorm: MF Total 315N / I00ml Cohrorm: tube Feel 31615 /100m1 Coliform: Fecal $1rep 31673 / 100ml Residue: Total SW m /l, Volatile S05 MCI, Fixed 510- m L itai&w Su $30 m /L Volatile53S m /L Fixed'$40 m L H 403 units AcidityApil4.5 436 9 m L AdeE to pH 8.3 435 m /{. Alkalinity to PH8.3415 m /L Alkallrti to H4.5410 m /L TOC 690 MR/I. Turbidity 76 NTU Colirorm Total Tube '/ 100 mlx COMMENTS Chloride 940 m /L Chi a: Tri 32217 u /L Chi a: Corr 32209 u L PheopItygin a 32213 u L Color. True 80 c.u. Color. i{ 83 PH. C.U. Color. pH 7.6 82 C.u. C snide 720 MR/L. Fluoride 951 m L Formaldehyde,7ING m L Grease and Oils 556 m /L Hardneia Total900 MCI, S 'rteCond.95 umhos/cm2 MBAS 39260 m L Phenols 32730 u /L Stilrate 945 m /L Sulfide 745 m i. Baron Tannin R Li in u /l. HexavaientChmmium u /L Bicarbonate mg/I. Carbonate m /L X N113asN610 0.18 m /L X TKN an N 625 0.32 MR/L. X NO2 plus NO3 as N 01. • - 0.02U MR/I, X P: Total as P 665 0,04 m 1. PO4 as P 70S07 MR/L' P: Dissolved as P 666 m /L K-Potassium m /L Cd•Cadmium]027 u /1. Cr-Chromium:Total1034 u /L Cu-Cn r 1042 u /L Ni-Nickel 1067 u /L Pb- Lead 1051 u L Zn- Zinc 1092 u /L V•Vanadium u /L A -Silver 1077 u /L AI- Aluminum 1105 u /L Be. Beryllium 1012 u L Ca- Calcium 916 MR/L. Co• Cobalt 1037 u /l. Fc- Iron 1045 u L Li -Lithium 1132 u /L Mg. Magnesium 927 m L Mn-Man antoe 1055 u /L Na. Sodium 929 MR/ L Arsenic:Total1002 u L Se- Selenium 1147 u /L H . Merewy 719M u /L Ba Barium u /l. Organochlorinc Peslicides O n hos horus Pesticides Acid Herbicides Base/NeutraI&Acid Extractable Organics TPH Diesel Range Putgeable Or nia(VOA bottler 'd TPH Gasoline Range TPH VBTEX Gasoline Range Phyloplankton Var Lab Use ONLY utvtatVly ill LNVIHUNMENTAL MANAGEMENT WATERIV D-L FORM (DM1) COUNTY U • PRIORITY SAMPLE TYPE RIVER BA IN ❑AMBIENT ❑ ❑ ® REPORT TO: ARO R MRO RRO WaRO WIRO WSRO TS QA STREAM EFFLUENT AT BM ❑COMPLIANCE � LAKE ❑ INFLUENT Other CHAIN ❑EMERGENCY OF CUSTODY ❑ESTUARY Shipped by: us Cour Staif, Other Lab Number; O��! dq LIDate Received: Time: Reed b From: Bu Course and Del DATA ENTRY BY: CK= DATE REPORTED: COLLECTOR(S): --T a Est (mated_ BOD Range: 0-5 -25 25-65/40.130 or 100 plus STATION LOCATIOM Seed: Yes ❑ No Chlorinated: Yen C] IONo JX REMARKS: I—t?-C o,ll ISAYtetj-ne Station # Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DH DBM Value Type Composite Sample Ty e S4i'Ca� Oa of �Q $ L/$ Q,Z o % JO 1�: 50 A H L T S B C � GNXX 3 COD Low 335 mg/1 4 Collform: MF Fecal 31616 /100ml 5 Collform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /loom] 7 Colltortn: Fecal Strap 31673 /looms RI Residue: Total 500 mg/I 10 Fixed $10 mg/1 11 Residue: Suspended 530 mg/1 12 Volatile 535 mg/1 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 mg/l 16 Acldlty to PH 8.3 435 mg/1 17 Alkalinity -to pH 9.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 mg/I eA Turbidity 76 NM Chloride 940 mg/I Chi a: TO 32217 ug/I Chi a: Corr 32209 ue/I Pheophytin a 32213 ug/I Color: True 60 Pt -Co Coior:(pH ) 83 ADM) Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluorlde951 mg/I Formaldehyde 71880 mg/l Grease and Oils 556 mg/I Hardness Total900 mg/l Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phanols 32730 ug/I Sulfate 945 mgA Sulfide 745 mg/I NH3 as N 610 mg/I TKN as N 625 tng/1 NO2 plus NO3 as N 630 mgA P: Total as P 665 mg/I PO4 as P 70507 mgA P: Dissolved as P 666 mg/1 CA -Cadmium 1027 ug/1 CrChromlurrTotal 1034 ug/I Cu-Copper 1042 ug/l NI-Mckel 1067 ug/I Pb-Lead 1051 ug/I Zn-Zinc 1092 ug/1 A Ilver 1077 ug/1 At -Aluminum 1105 ug/I Be-Berylllum 1012 ug/I Ca-Caicium 916 mall Co -Cobalt 1037 ug/1 Fe-lron 1045 USA LI-Lithium 1132 ug/I Mg -Magnesium 927 mg/I Mn-Manganese 1055 ug/I Na-Sodlum 929 mall Areenic:Total 1002 ug/I Se-Selenlum 1147 ua/l Hg-Mercury 71900 ugA Organochlorine Pesticides Organophaqhmu Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point X Conductance at 25 C Water Temperature fQ D.O. mgA pH Alkalinity Acidity Air Temperature (C) PH 8z pH 4.5 pH t.5 PH 8,3 2 94 10 300 • 400 is 82244 431 82243 182242 20 Salinity % Precipltion On/day) Cloud Cover X Wind Direction peg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth it. Stream Width It. 480 45 32 36 1351 1350 35 64 4 DMI/Revtsed 10/86 DIVISION OP WATER otIALI'FY Chrmislry Lahnramr) Hel rf 7 N'ater Quality Lab Nundwr ; 2W4630 WW SAMI'.Ll:_1'NIT Ilaic Received: 7/11/2Df12 COUN11' SAMPSON PIUVRIIy 'IimrRrcrived: 9:30AM RIVEN! HASIN: AhIMEN'1' QA 5lltldAh4 O EFFLUBNI' R�ccci/vcpd Hy llS �1 REPORTT'o FRO ReRionalOffce ❑ COMPLIANCE O CIIAINOfCUSTODY EJ LAK£ INFLUENT' < cotherol,l EMERGENCY VISIT[[) FS['VARY Data reRcporld ; AR C'ULLFCfOR{S) : 3IIASl'Y I 3 Da[cRcponcd: 9/6/2402 Fulmaled ROU Range: Slallon Lneallon: DOWNSTREAM • FALATOVICH DISCHARGE Seed: Chlorinated: Rrmarks: Staflnn P Date Degln Oydmnddd) hate find 1)3'lmmldd) '1 line Begin I Ime End Dtplh " Is\I, DB, DR,51 1'slue T) pe - A, H, 1. Composlrt 1, S, R I Sample U5pe 03 • DOWNSTREAM 2D020710 1 1 1245 1 1 J I I X TIOD 310 72 G5 m /L COI) I ligh 340 rrt /L COP Pow 335 of /L Culiform: MF Fecal 31616 /IOOml _ Coliform' Mr 1,013131504 / 100will Coliform: tube Fecal 31615 /IODnd Colilmn Fecal Scrrp, 31673 / 100ml Residur:'roial500 m /L Volatile 505 mg/L. Fixed 510 m 1. Rcaiduc: Su5pcn,lrd 530 ME/ L Vn6nilr 535 mH/l. I'larll 540 .-.. nu/I. 11403 unils Aridity w pl1 4.5 436 nt /F. Acidi[X 111 118.3 435 m /l. Alkalinity lu 11 8.3 413 m /L Alkalinity topIll 4.5 410 nr /[. I'OC680 -MR/I. I urbidity 76 N7 U Culifarm'101al'1'tlbe "/ IOU mis CO.MNIENIS: Chloride 940 To /l. Chl a; 16 32217 "B/L Chl a: Corr 32209 a /[. Pheo h tin a 32213 a /l. Color: I rue 80 c.u. Color; ( 1 ) 83 p1l. c.u. Color: pit 7A 82 C.U. C anidr 720 m /L 1:luoride951 Mg/I. Formaldclt do 71880 nt /l. Greasy and Oits 556 MR/I, _ I lardnms'I olal 901 1110. 5 rrilir Fund. 9S uutlfu5/4:u2 MPAS 38260 m /l. Plrem,ls 32731) a /l. Sulfate945 mg/L. Sulfidr 745 nt /L Baron Tannin 9 Li nin u /L Heaavalem Chromium u /L Dlearbunatc nr /L ubonalc m /I. X N113asN610 99 m /L X 'I KN an N 625 100 m /L X NO2 ptus NO3 as N 630 1.6 ut /L P: Total as 11665 8.1 m / I. PO4 as V 70307 m /l. P: Dissolved as P 666 m /L K•Potassium m /L Cd-Cadmium 1027 u /L Cr•Clvontium:Tota11034 u /I. Cu-Co r 1042 u /L Ni-Nickel IM7 a /L Ph. 1 Cad 111.51 a ,,/t. Vo- Zinc IO2 a g/I. V.Va;wdiuns a /l. A • Silvrr tO77 a ,/l. Al. Aluminum 1105 u /L lie- 13cullium 1012 u /L Ca• Calcium 916 m L Co -Cobalt 1037 u /L Fc- lion 1043 a /L IA -Lithium 1132 Mg. Magnesium 927 m Il. Mn-Manganese 1055 u /!. Na- Sodium 929 mg/ L Arsenic:l'otal 1002 a/I. Sr -Selenium 1147 u /L II - Mercury 71900 u /L Fla -Barium u /L Organwhlorlw Pesticides OFganpphosphorw Pcs[icidcs Arid Flyd.iC idrt Hasc/Nculral&Acid liauaciable OrvAnics I I'll Diesel Ran I'uf cable O; nies (VOA bottle tc 'd) 'I Pei Gasoline Range '1T1[/RI EX Gasoline Range Plr to lankton t f'- r I AUG 14 .. f U1vi5kkJN Ul- ENVIHUNMENTAL MANAGEMENT WATER 1J .AB FORM (DM1) O COUNTY '1m PRIORITY SAMPLE TYPE PJVER BASIN Cope + e,,Lr— 9 ^— ❑AMBIENT ❑ REPORT TO: ARO�RQAO RRO WaRO WIRO WSRO TS ❑ STREAM ® EFFLUENT AT I1M ❑COMPLIANCE ® CIIAIN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by-. I us Cnurlel; Staff, Other ❑ EMERGENCY ❑ ESTUARY GbLLECTOR151:P.i-�tJtrl�nl 5 } ) 4t, Estimated BOD Range: 0-5/5-25/25-65/40-130 or 0�1 0 Ius) STATION LOCATI��O—`N; �G111�1 SAd: Yes ElNo99 Chlorinated: Yes ❑ No (NREMARK5: po- v i Station {j Date Begln (yy/rnm/dd) Time 1lagln Date End Tlmc End Depth DM DB DBM Value Type Composite jSamvpleTe 00wrl,j— c.m ? Ct'�jIU !a. 5c: A II L T s n c GNxx 1 Y (� 11005 310 mg/I 2 COD Illgh 340 mg/1 3 COD Low 335 mg/1 4 J Collform: MF Fecal 31616 /100nr1 CoHlnnn: Mh Tnlnl 31504 /100ml 6 Colllotm: 'rube Fecal 11615 /1001)11 7 C011101m: Fecal 5trep 31673 /1001111 B Residue: Total 500 n19/1 9 Volatile 505 mg/I 10 Fixed 510 mg/I 1 I Residue: Suspended 530 m9/1 l2 Volatile 535 rng/l 13 Fixed 540 rng/I 14 pll 4o3 units 15 Acidity to pi{ 4.5 436 mg/1 16 Acidity to pit 8.3 435 mg/1 17 Alkalinity to pit 8.3 415 mg/I l8 Alkalinity to pit 4.5 410 mg/I 191 TOC 680 mg/I 20 1Turbidity 76 NTU Chloride. 940 rng/I Chi a: Trl 32217 ug/I Chi at Corr 32209 ug/1 Pheophylin a 32213 ug/I Colrtr: 1'rur. 80-- - Ill -Co Cnlnr:(pl{ ) 83 ADMI Color: pit 7.6 82 ADF11 Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Flardness Totn1900 mg/I Speclflc Cond. 95 uMhos/cm2 MBA5 38260mg/I Phenols 32730 ug/I Sulfate 945 m9A Sulfide 745 mg/f X NIi3 as N 610 mg/I TKN an N 625 mg/1 X NO2 plus NO3 as N 630 mg/I f as P 665 mg/I 1104 as F' 70507 mg/I p: Dlnenlved as p'666 mg/I CdCadmlum 1027 ugA Ci-Chromium:Tatn11034 ugA CuCnpper 1042 ug/1 NI -Nickel 1067 ug/I Pb-Lead 1051 u9/ Zn-Zinc 1092 ug/f Ag-Sliver 1077 ug/1 At -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/I Ca -Calcium 916 mgA Co -Cobalt 1037 ug/l Fe -Iron 1045 ugA LI-Lithium 1132 ug/I MgtHagneslum 927 mg/I Mn-Manganese 1055 ug/1 Nn-Sndlnm 929 IIr11/I ArsenW.'rotal 1002 up/1 Se-Selenlum 1147 ug/I 119-Mercury 71900 ug/1 Organochlorine Pesticides Otganoplicaphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytopiankton Sampling Point % Conductance at 25 C nter Temperature (C U.O. mg/I 141 `Alkalinity Acidity Ali Temperature (C) 1448.3 pli 4.5 pit 4.5 pil 8.3 ttl 2 94 10 300 1 400 • 82244 431 82243 82242 20 Snilnlly % Preclpltion Or✓deyl Cloud Cover x Whr1 I)inlcHn++(Deg) 5ltemn Flow SrverllV Turbidity Severity Wind VeloeHy M/II een Stream T�ryt1r It. SNeam WMIfi It, 480 45 32 3b 11351 1350 35 64 14 DMI/Revised 10/86 v,L vtt,4lVutiYQ Chemistry Laboratory Report to: Sample Anomaly Report (SAR) Lab Number Sample ID: Station Location: ULm County. S,=PnM_Region r ample Type: _ W w Priority._ CDC,. Collector. h�rmcn, $ . Hc---4,, 'T. }�^ Date collected: 1D ! O?,} Date received: '/ 1 I 10' Date analyzed: Affected Parameter(s): 2 1 Analytical Area (check one): ❑ WCH ❑ fETALS ❑ NUT MICRO The following anomalies occurred (check ill that apply): ❑ Santples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not lis:cd on fieldshect ❑ blislabelcd as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine preseat in sarplc ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Otltcr (specify): Corrcctive Action: ❑ VOA ❑ PEST ❑ SVOA El' Quality Control ❑ Instrument failure — ro reportable results ❑ Analyst error — no rcpartubic results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added ❑ Recovery outside acceptance finis ❑ Failed to meet criteria for precision ❑ inte.nal standards ❑ Blank contamination @-�'QC data reported outsid_ of controls (i.e. QCS, LCS) ❑ Incorrect procedure use- ❑ SOP iztcrttionally ncdi F'd %vith QA and Branch Head zpproval ❑ Invalid instrument calibration Cl Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples %vere rejected by DWQ Lab. Authorized by: Date: ❑ Accepted and analyzed after, notifying the collector or contact person and dere<nmining that another sample could not be secured. ❑ Sample(s) on hold until: A' Sample reported with qualification. Data qualification cod-! used: ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: _ r1 Date: I ! — Form completed by: I `!? p _�1 Data: l I Lard Chemist Rcview (' itial)-- -rOCHENI ❑ PEST ❑ SVOA cTALS ❑ VOA Branch Head Review (initial . QA/QC Rwicw (inki ): Logged ia:o database bynitislJ: .tY.'SV t 3a Ql'FomuLL+e.ynrwrSA Q DWISION OF WATER Ql1ALrn' • Cheluhh.% tA.-Inn Uri II I %%Mot Quad[) - wl SAh1U.L IYIT. COUN,l), SAMI'SON PRl1)RI.TY ItIV};IIUh51K: AM]IIFiN'f Ej QA $'I'RFAM GI'FI.l1I{N'I' REPOR'T]O PRO Rcgional Office COMPLIANCE CIIAINOFCUtifOUY LAKE INI'I.UI:N'I' IiMIiRr.iL•NCY V[SII'll7 Ii5'I'UARY COL CULI.I:C'If1R(S) ; ! 11AS'IY � I 1.ab Nuadwr : 2W4628 Uxtc Received: 7/11/2002 Time Received : 9:30 AM Rrceivcd BY 1)5 Pala Rckrascd AR Date Reported : 8/6/2002 Y.sthnaerd 11M, Itawme: 5lubri Lurmines: SOURCE - FALM OVIc,'ll DISCIIARGIi Seed: Chlorinarrdv Rrmarks: Slade" 4 Dale Ae;ln ()ylmmldd) Dole land ()-yfmmldd) '1'Ime Will. lime End Deplh- I)1L U0. DR\1 Ydue'['srye • A, Fi, 1. r;omynsNa 'T, S. R Sample '1'ype III -SOURCE 2on20710 12•u X noP 310 210 G5 m /I. CoD I fi h 340 m /L COD Low 335 m /1. Culilorm; Nw Fecal 31616 / IOOml C01i110rm: MF Iatat 31501 /loom[ Coliform: tube 1'rcal 31615 /100m1 ColifewFecal Sv 31673 /100ml Residue: 7o1al500 m /L Volatile 505 m /L Fixed 5m mg/I. Residue; Suspended $30 MO/I. Volatile535 su /l. Fixed 540 m /1. 11403 uniu Acidily to pill 4,3 436 m /l, Acidity to PI1 8.3 435 m /l. Alkalinity to pil8.3415 mg/1- Alkalinity to p1l4,3410 m /L 7OC690 nt /L urbidit 76 N'I U 15U. COliru IotalTube /10omil t (MI]IFIV lS: Chloride940 m /l. Chi a', Tri 32217 a /L Chi a: Corr 32209 u /L PhcO h tin a 32213 u /L Color:'rmc 8o c.u. Colar: { 11 ) 83 pll= c.u. Color: ell 7.6 82 Cu. Cyanide 720 m /1. Fluoride 951 m /L Formaldehyde 71MO m /L Grease and Oils 556 rn /L Hardness Total9[kl ru/L Specific Cond. 93 umhos/cnt2 MBAS38260 m /L Phenols 32730 a /l. Sulfate945 m /l. Sulfide 745 m /L Baton Tannin R Li nin a /L Ilcxavalent Chromium Bicarbonate mg/I. (%ld,iawte m ,/I- X N113 as N 610 540 ns /l. X TKN an N 625 570 m /1- X NO2 plus NO3 as N 630 0,06 u1 /L X P: Total as P 665 79 m /L PO4 as P 70507 Ins/I, 11: Dissolved as P 666 nr /l. ):•Potassium m /1- Cd-Cadmium 1027 a /L Cr-ChromiumAblal 1034 u /l. Cu-Cu r I042 a /L NI -Nickel 1067 u /l. 1'Ir [.cad 1051 u /l. 7,n- Zinc 1092 u /L V•Vanadium u /L A - SIIVCT I077 us-I.- Al- Altsininum 1105 u /L Be- ncryllium 1012 u /L Ca. Calcium 916 m /I. Co -Cobalt 1037 u /l. Fc- hon 1045 u /I. Li -Lithium 1132 u /l. M . Magnesium 927 m 1. Mn-Man nose 1055 a /1. Na. Sodium 929 nr /L Arsenic:'rolai 1002 u /L Se. Selenium 1147 u /1. 11 - Mercu 1190p u /L pa -Barium u /L organochlorine Pesticides Or ano hos horus Pesticides Acid Ilerbicides Base/Neutral&Acid Extractable Or nics I'MI Dieset Ran Ilusgeable Organics (VOA bottle to 'd) 'I PI Gasoline Ra. TPII/BTEX Gasoline Range Ph to lanklon DIVISION OF ENVIRONMENTAL MANAGEMENT WATER .I" %rD_L!j#FORM (UMH COUNTY (�)o ,, o's) r, PRIORITY SAMPLE TYPE RIVER BASIN y 1J` ❑AMBIENT ❑ qR CI STREAM ®EFFLUENT REPORT TO: AR FRa RO RRO WaRO WIRO WSRO TS AT BM ❑COMPLIANCE CHAIN ❑ LAKE ❑ INFLUENT Fa. 1 wh 11sn 1rN1 Y Lab Number: Date Received: — Time Rec'd by, From: Bus Courier• and Del Other DATA ENTRY BY: CK: OF CUSTODY Shipped hy; us CY nuria`r Stall, OtherEMERGENCY ❑ ESTUARY DATE REPORTED: COLLECTORS}: Estimated BOU Range: 0-5/5-25/25-65/40-130 0 100T' STATION LOCATION: SGwce- Sesd: Yes ❑ No® Chlorinated: Yes El NON REbtARKS: 1 t��r•.1C'J t h IJiSc �r �� Station f/ I)alr. Begin (yy/mm/dd) Ttme Begin Date End Time End Depth pM DB UBM Value Type Composite Sample Ty e C'� G! �v 1��: CIS C�a c)7 10 !�. So A Ill L T 5 B C r,Nxx I X RODS 310 mg/l 2 COD High 346 mg/I 3 COO Lew 335 rng/1 A Collinrm: MF Fecal 31616 /IOOm1 5 Colllorm: MF Total 31504 /100ml G Colllorm: Tube Fecal 31615 /looml 7 Colllorm: Fecal StreP 31673 /100m1 8 Residue; Total 500 mg/I 9 Volatile 505 mg/I 10 Fixed 510 mq/I I I Residue- Suspended 530 mg/I 12 Volatile 535 mq/I 13 Fixed 540 rng/l- 14 pli 403 units 15 Acidity to 1414.5 436 mg/i IG Acidity to pli 8.3 435 rng/I 17 `18 Alkalinity to PH 8.3 415 mg/l Alkalinity to pli 4.5 410 mq/1 19 TOC 680 m9/1 20 Turbidity 76 NTU Chlorlde 940 mg/I Chl a: Ttl 32217 ug/I Chi a: Carr 32209 ug/I Pheophytln a 32213 ug/I Color: True 80 F,-­Co Cnlar.(Pll } 83 ADM! Color: pii 7.6 82 ADMI Cyanide 720 mg/1 Fluorkle 951 mg/I Formaldehyde 71880 mg/1 Grease and Oils 556 mg/I Hardness Total goo mg/I Specific Cond. 95 umhos/cm2 MBAS 382E+0 mg/1 Phenols 32730 ug/I Sulfate 945 mgA Sulfide 745 mg/1 X N113 as N 610 mg/1 THN as N 625 mg/I NO2 plus NO3 as N 630 mg/I ' P: Total as P 665 mg/1 PO4 as P 70507 mg/] P: Dissolved as P 666 mg/l Cd-Cadmium 1027 u9A Cr-Chromium:Total1034 ugA Cu-Copper 1042 ug/1 N!-Nickel 1067 ug/I Pb-Lead 1051 ug/I Zn-Zinc 1092 ug/I Age -Silver 1077 u9/1 AI -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/I Ca -Calcium 916 mil/1 Co-Coball 1037 ug/1 Fe -Iron 1045 ug/I 1.1-1-ithlum 1132 ull/I Mg -Magnesium 927 mg/1 Mn-Manganese 1055 uq/I No-Sodlurrl 929 1ng/I Arsenic:Toial 1002 ug/I Se-Selenlum 1147 ug/I lig-Mercury 71900 ug/I Organochlorine Pesticides Organophorlptsorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Sampling Point % Conductance at 25 C ater Temperature fC U.O. mg/I pll ^Alkalinity Acidity Air Temperature iCl 1418,3 pl1 4.5 pH 4.5 PH 8.3 ON 2 94 if) 390 ) . 400 92244 1 431 82243 182242 20 Salinity X Pteclphlon flu/day) Cloud Cover % Wind Direction O)eg) Sirenm Flow Stvority Turbidity Severity Wind Veloclly MAi klean Stream Depth It. Stream Wklilr It. 480 45 32 36 1351 1350 35 64 14 DMI/Revise.d 10/86 NC DENR/DWQ Chemistry Laboratory Report to:Satnplt Anomaly Report (SAR) Lab Number: �2 `{ �- Sample M: Station Location: �tkt��i� 1h.1�::chtis� County Region: r� ample Type: W 0 Priority:^ Collector. Date collected: Date received: .:h / 11 / <='2— Date analyzed: Affected Parameter(s): .'_`� Analytical Area (check one): ❑ WCH ❑ >fETALS ❑ NUT MICRO The following anomalies occurred (check all that apply): ❑ Santpics ❑ improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on heldsheet ❑ Samples received, but not listed on fieldsheet ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After rcccipt in lab ❑ insufficient quantity for analysis ❑ Sample exhibits gross non-homogencity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical Cl Residual chlorine present in sample ❑ Color inrcrfercncc ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable res::lts ❑ Other (specify): Corrective Action: ❑ VOA ❑ PEST ❑ SVOA Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error — no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limit ❑ Spike recovery 0 None added ❑ Recovery outside acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination 2"-QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Bra:-.--'- Hcad approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insu fficient sample volume rr ❑ Samples were rejected by DWQ Lab. Authorized by: Date: / ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: W Sample reported with qualification. Data qualification code used. ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: Form completed by. 1 Lg3d Chemist Revi ihal): 1� '110CHEM ❑ PEST C, iETALS ❑ VOA Branch Read Review (initialt QA/QC Review (initial QATWV-, nft ry'SA R Date: Date: / ❑ SVOA Logged L-i,o database by (initial): t.:y9t:sl is%. mzt` xivvVQ Chemistry Laboratory Report to: Sample Anomaly Report (SAR) Lab Number: DeJ '4 (P'Z . Sample ID: Station Location: County: Cf',m RZQr1 —Region:— Sample.Type: 1N"Q _ Priority:!._ Z)C _ Collector: P.Sha 'n,"$:'I-} +� Date collected: � "Date received:----., az- Date analyzed: Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ IETALS ❑ NUT 62r MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldsheet ❑ blislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample 0 Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results L Other (specify): Corrective Action: ❑ VOA ❑ PEST ❑ SVOA t� Quality Control ❑ Instrument failure — no r_portable results ❑ Analyst error —no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added ❑ Recoveryoutside acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination 2r'-QC data reported outside oreontrols (i.e. QCS, LCS) ❑ incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejec;ed by DWQ Lab. Authorized by: Datc: ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: 1' Sample reported with qualification. Data qualification code used: ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: r Date: / Form completed by: AI Date: / cad Chemist Revt (i kial): l $IOCHEM ❑ PEST ❑ SVOA ❑ METALS ❑ VOA Swath Head Review (initia QA/QC Review (i ' ul Logged iato databasc by (initial): Q.�Pam�u.bwawr�sws-I?/rJ.n t.tb. 08/0112002 03:50 4 PACE 01 PHONE: N. C. DEPARTMMiT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 59 WOODFIN PLACE ASHEVILLE, NORTH CAROLINA 28861 828/251-6208 FAX: 828/251-6452 J TO: l_ FAX FROM:- �'i�l DATE: # OF PAGES INCLUDING THIS COVER., MESSAGE: If questions, pl®aa• call 828t251-6208._ JAI c�u i . 02 `01 f 2002 '03. 50 " ' 4 PAGE 02 NC DENMWQ Chamb Uy Laboratory Rcpor, to: Seta#le Anomaly Report (SARj LAb Number. `� �0 2. y Sample ID: Station Location: CMW. 0--10.r Mm ... w w Region: Samplc.Type,��1_�` Ftiority: �? � ,,; Collector. �.SGm*,un $.T'�s�•�S} i Date collected: 7- /,, 1 D / 02-- Date Mwived: 11 ! -Ds-- Date analmd: / • (i / o� Affected Paranteter(s): 75 Anatyrical Area (check one): . ❑ NVCH O PETALS 0 VOA 0 SVOA ❑ NUT e' M(CRO O FEST Th: following anomalies occurred (cheek all that apply): U Samples Quallty Control ❑ Improper container used 0 Irwrument failure —tt0 repwuMcttt O VOA vials with headspace D Analyst arroc— no reportable matins [7 Sulfidc samples with headspace O Surrogates 0 Samples not rcccivcd,:1ut listed on freldsheet 0 None added U ..-Same-les rcccivc4..W!:9ot lisrcd on Ccldshcct O Recovery outside accepnnatrtl s` " ci Nlis!Ai Ild us to Tests„preservatives, etc. O Spike recovery Gflal:iinr, lit,r_ 0 None added C] Priur to rcccip: in tab 0 Recoveryoutside acceptance limlts t] A r:er receipt in t its 0 Failed to meet criteria for precision ❑ InsuMcient quantity fir analysis 0 Internal standards * Sample exhibits gross non-hornogencity 0 Blank eoatirnInation O Sample not chernieally prcscrvcd properly Bo*"QC data reported outside of eoatrols Qx- QCS, Lr.S) ❑ pH out oFnnge (record pH): 0 Incorrect procedure used } [] Irnproptr chcmic .1 O SOP intentionally modiFed with QA aid Branch Head 171 . hesidual chlorine present in samplc approval n Colorinterrcrenee 0 Plea•y enutsiur, romtcd during extraction C Invalid instrumentealibradon ;x O Elevated dtceedaa linsits due to: ti,...•,, :. O ::amp1: bo;tic broken in lab - no reportable results O Insufficient samplc volume- o Orltcr (specify):_ r �'• 'Y __ Corrccii►c Action: a Samples ti. cre rejected by DWQ Lab. Authorized by: Date: U f+cccptcd and analyzed after notifying the collector or con tact person and determining that another sample �; ; , o 0 Sample(s) on hold until: 4-` Samw',e reported with qualification. Data qualification code used: Cr,4% U Other (explain): �sFa V� . a. s - - NatificatiJn �ir,'re.' (circtc ime)? -. Yes No W Pcrson Comas <cd: Date: — Farm completed by: Date: eA Chemist Rg"r (� tial): H10CtlEL,l o pES'f_ 0 MA 0 VOA._____. - Q.-VQC Rer ew 817 Castle Hayne Street FAYEl i VILLEDIVISION Fayetteville, NC 28303 Phone (910) 864-1920 Fax I910) 864-8774 CHAIN OF CUSTODY RECORD - PAGE ___L OF LIEMNAME`&,ADDRESS' / 1� l0 — % rCONTACT O rOJECTiLOCATION: � sOF a O T T L S TYPE OF ANALYSIS PRESERVATION CODE CODE: A a e40C ONLY B a HNO3 (ph<2) + c4°C C a H2SO4 (ph<2) + e4"C D = NaOH'+ <4'C E = ZN Acetate + <4•C F a PERSON: P4" l ON ��� 7 % SAMPLER: [�^ (� DATE ETHOD DP SHIPMENT.E LAB ID� SAMPLE TYPE TIME r.OMP 6RAt3 pH D.O. TEMP CHLORINE 12 = .S-0 Rallnquletled W. (84ftahun) Doh Time un) Doh nw ReUnqu W. ( Mature) Date Time eR(signatisiat Date T me3 4 Rei nquiehed hy: { naWnf Data Tmeetun) Data Ime 5 6 ReUnquiahed hy: {8ipnatunl Date Time Received t'r:181Qnaa+re) Date Time 8 Comments or Special Hazards: ® Microbac Laboratories, Inc. � r FAYETTEVILLE DIVISION NC #11 817 CASTLE HAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) httD://www.microbac-com a a\ I ■ a - 1..V1rJ VlrlL.,l\ 1 T\NEVI.. a J rtr . mTT _ • rr� _ tr. a nmr�n i,^�. .. .rr r�rr � .» i . �r�i im rf"� . r n _ �tt TTl1 1 �'.i'�r r�ni/y a T [y CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714- Fayetteville, NC 28301 CONTACT PERSON: Mr. B. Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID 402WE74237 2. Upstream - ID #02WU74238 3. Downstream - ID #02WD74239 ANALYSIS DATE REC'D: 07/10/02 SAMPLED: 07/10/02 SAMPLED BY: J. hasty DELIVERED BY: J. Hasty SAMPLE CODE: WW, Grab REFERENCE: Falatovich Farms DATA REVIEWED BY: DATE REPORTED: 07/13/02 ANALYSIS H=01) 1 2 3 **+**+*++}+*****#**}+#*+****+******+*++****}+***#*++4*}*++*++******+*****+}i}};►+++}}}++** COLIFORM, FECAL (per 100 ml) SM18 9222D 810 54 <8 a CQI&IEN'sS: = Questionable Data < = Less than > = Greater than PAGE 1 OF 1 JUL 232 The data and other information contained on this, and other accompanying documents, represent only the M E PA Q E R samp!e(sl 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-EPAAMOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research Geil>EeralFacl><ty1jInformation� .- - � acillty Afuttiiier; � Kip•�����.isF%�;�5s'P.�F���S�:�S' � 4+�•rx'rA 82 +�.:. 99 �i, County Sampson Owner. NM arshall Falatovich Manager - Address 410 Beaver Dam Drive Clinton NC 128328 Location Certified Farm Name ❑ Premium Standards Op Falatovich Finishing #2 Phone Number (910) 592-8643 Lessee Region 0 ARO 0 MRO 0 WARO 0 WSRO 0 FRO 0 RRO 0 WIRO 1 6 Take 4Q3 North. Clinton 4.miies:.Look For co:aign.00 .right: . ; :. . .. ; . :• ._ Certified Operator in Charge Backup Certified Operator Comments nny E. s owner James Carl "J. C." Pope, 06/20/00. tovich [j;I iac(iye flyer . ...: L$gciori:Gl"osed :.; Date inactivated or closed Type of Operation ® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses []Goats []None Design Capacity Layer ; Mon -Layer Total 3,720 Swine SSLW 502,200 Feeder to Finish Falatovich Finishing #2 Prestage Farms Latitude 34.8967 A4 , hh;, �RS aki1 Longitude 78.2833 ri i.M1 IT•ii IKef i'+s3[ l .1VM Stait�ate Longitude 78.2833 ri i.M1 IT•ii IKef i'+s3[ l .1VM Stait�ate 1/l/1985 418 °r AvaiiATes edAcrc�� k 38 -, C Wilson Spencer 3 - pQCIS]ISt d k I rat F _ Prestage Farms a ❑ Request to be removed ❑ Removal Confirmation Recieved Comments MRa rRegional DWQ Staff Fj'.-' /29/1993 9/1997 Irrigation System Higher Yields Vegetation Acreage Other Basin Name: Icape Fear Facility Number 7 — 9 Permit Numberra�vuyy Farm Name; Falatovicl� F�nishin #2�� a fAdtlresst r , 1 t} Beaver Dam Drive< styU. ., ,t,•s"r`n -yam •- ;Zip Cade'. 8328 ° J.✓� - �...« ? i .,._.: r� -5..:;i �:"� �5 a s-F,;i W Phone (91r0)A 592 8fi43 + ` '' y' '€ Locat an _ aI<e�403 North'fr'om ClihV Regror Regional Supervisor Original Issue Date Engineer Cert. Date 'owner Firs# Name Marshall-__ "Owner Last Name` Falatovich, Couity Sampson r 1 Manage�'s,Name` Reg Animal Contact Paul Shermank . Rawls r= 1' y,4 Y . Regional' Phone (910} �486-154 ; -- y ' • Import Date - a- voided t '� rescinded'>,` 1-311998 r 12/1998_ 812711998 Generalt�M xisting Original J R Joshi"t A ��-YA k slat .F 6 r; t/. Ar r^.. O i?' Vn _.'' - •';., G I:T.1 fi. & - . ..1., t - - - ;;a r. and began operation'on 11.1/85 -: ^s"r*'+r j -y�`. rh Je9 ? '�y}.'fir ",y' '-�•y<'r' Fs"�.h, �...:.°? -.u• + t��.�...-riwa s ,ems .. _. , �3 ,rk•'� ,.. �...:. F.., -.. ,_ ,.. *'9"' •r 7±, �,_.*-.s-s x s +. t -s �`> .•a,.. -r=ems *_•t � r + . - 6/20/2000 91'1812000 GeneralY Existin mended Marne DoklovicF F�. Relate ,v :s:.: it +.r:.- . :+rww�. w,.x+- �c ..,� .,s,.+..,..:..r ;".0 ._. - _ .,q•. xt, tia; s request."' Farm reViousl 'called J C a?o e Farm. 4,.10 r _ ' �•�,r* �y G „r ,�;'1-.L «d-� • 33 t� .ry'�r ' , �'a zy R '•7- ,5 ' . '� �. - yrzxs hX Y elate r S �'� c 'r .� +.` yt, rN a y�'S't '�'.` s+ a• • f .T. %n r t h k"'n ��;;zSR `A, a ,� i t<, Y xcr,f; ''x,.r s i 3�e '•3+ k . i s .'.� z �x; z � , 4 '�, , ` �•} r` r ' M' � � 2•k�', i rr 'pet���Sk+iP�'�Sc� ,i � , t t �r� + a f,� k yaC.r � � - � '+., t. ai `r � � ? r' � r�- � f�.� `� �_C"s 1'"ZJ-�y,,�+t; � �, ^v "ti. y�'�3. "yi-+, f zr + `r �. •, 7.,� ��et,;r�r � �s�s-t r 'r t ° 1 Yr` � fri '�i+ �^. "? +-z�`�'.•3aS'�"�` '4s t.:'S� ,�,:, ��y F � 1 � r$��•` �. c � .; 'ci- � F -� d�, ; k - - { •�. �-����' r `� ` �`�, � ,� s + ti? ?� b�=s)' ���.� '' to ���.+� `^ '.. rr +' '*-C• - wt zs � ,� 1 s `�,; x. !T •'r �• �i ��.•z { t`=yy {«C„+r,,`A �s� ..�' NSF! rm-y: h � - 4 n�i y '��." �.. "^s �`,�7.'�y�••,..f :,°� � ,�. h-; 4 4 r t `` t E�k' ;,y;'• ''.. 1• 1 y ,#4,'e;rT r>P Ta.`; rr_:yN_ySCg,. `5�';.Y` '^ } c�i ti.,ti ."cry. i y;�z p }�5}'1:i r}�f'-j•! ": ,r.`, r�' .i •"• _ Y'_ � - s`'r5..p". ¢t : sF �lr-� ris ri<c.i-,`a r 3 - 5 a t 4 S- t - ^v '" Fl x 'dfT a±uSPx f'•s•: s r- 1 t, '�° - 1 't w "r • t t Print Region List Print.( Lis . Y y . `. Toda s Date 'r 911912Q02 � �-5 -oun Sampson �-ilh�: N� �&rl- %;0 1. T�- ej Fallatovich Finishing #2 n,., IFalatovich m am Reason for Exemption 2H .0200 Certification Letter Date, Type,.6f Lotter Additional Comments .4, Not a n cl,.ReVbdafion-. o N 03104102 Notice of Deficiency 2125/02 inspection Nedd current soil and waste analyses 07/29102 J NOV I Notice of Recommendation for '7/7/02 inspection A-7 " Enforcement -�-Referral from DSWC Case Number Central Office Log In Date Penalty Assessed Penalty -Amount Amount Paid Case Closed Date TI Y� ir, �N 'i A4 A"i Site isitation'Hiwtory Visitation Date Aaencv .02125102 Division of Water Quality N ::07/10/02 ::.;,:Division of Soil and Water 07/10102 Division of Water Quality Visitation Date Agency 01/07101 'Division of Water Quality ..:05/14/01 ,.::,Division of Soil and Water Type of Visit AL Compliance inspection ':Operation Review Compliance � Inspection 22� M 120.01.1 Type of visit Compliance Inspectio iOperation Review Visitation 'Date 08/23100 .-Agency Division of Soil and Water -Visitation Date ...Agency. Type of Visit Operation Re4iew Type of Visit1999 04/21199 Division of Soil and Water Routine 4L IM Division of Water Quality - Other 10127/0 Division of Water Ouality - Routine NORTH CAROLINA SAMPSON COUNTY TRUSTEE'S DEED VOL1361pi*109 TI IIS TRUSTEE'S DEED is entered into this t2l day of June, 2000, by and between Julic 11. Malone, Trustee of the Jamcs C. and Nancy S. Pope Charitable Remainder Unitrust under Trust Agreement dated May 15.2000 Ehcrein "GRANTOR"] and Marshall G. f alatovich and wife, Cynthia P. Faiatovich of !jo,.�(gUf V North Carolina [herein "GRANTEES"j. WIT NESSETI I: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations has and does hereby give, grant, bargain, sell and convey to (irnntees, their heirs, successors and assigns in fee simple forever the following described tract of laud loemcd in North Clinton 'township, Sampson County, North Carolina: 131`61NNING at an iron stake set in the centerline of North Carolina highway 4403 (Faison I lghway), said stake being set over a culvert through which passes the waters of Kings Branch. corner with lands of Marshall G. I' latOVICh described in the deed of record in Book 1317, page 432. and from said beginning point the line runs thence with the centerline of said highway, North 31 degrees 00 minute 00 second bast 1348.59 feet to an iron stake, comer with the lands of Mary L. Wuolen described in the deed of record in Book 1014, page 73, thence with the Wooten: line South 70 degrees 45 minutes 00 second Fast 2537.00 feet to an iron stake, corner with the J. C. Pepe lands described in deed of record in Book 1302, page 520; thence South 18 degrees 40 minutes 00 second West 20 feet and North 68 degrees 00 minutes 00 seconds West 23.47 feet to an iron slake set in the head of a ditch; thence with the nun of the ditch the following calls: South 78 degrees 31 minutes I 1 seconds West 602.30 feet, South 14 degrees 40 minutes 24 seconds West 136.30 feet. South 27 degrees 29 minutes I l seconds West 198.42 feet, South 31 degrees 44 minutes 13 seconds West 357.71 feet and South 22 degrees 28 minutes 27 seconds West 301.35 feet to a stake in Kings Branch. the property line being the run of Kings Branch; thence with the rim of Kings Branch as it meanders in a generally westerly direction the following calls: North 73 degrees 25 minutes 16 seconds West 254.91 feet, North 89 degrees 55 minutes 25 seconds West 781.46 feet, North 68 degrees 12 minutes 50 seconds West 422.74 feet, South 72 degrees 36 niinutes 14 seconds West 344.18 feet. North 67 degrees 23 minutes 50 seconds West 77.88 Icet, North 18 degrees 00 minute 31 seconds West 507.39 feet, and North 47 degrees 29 minutes 08 seconds West 90.00 feet to the point and place of BEGINNING and containing 74.75 acres, more or less, and being all of tracts one and two as shown on a plat and survey by Millard T. Owen, Ill, Professional Land Surveyor, dated March, 2000, styled "Map of J. C. Pope Hog Farm" and appearing of record in Map Book 36, page 36, Office of the Sampson County Registry. For chain of title information, see Book 1018, page 924; Book 1135, page 401; Book 1273, page 76; Book 1302,'page 520; and Book 1358, page 437, Sampson County Registry. Wil301 caum IN 06/14/2000 t $684.00 �Yai[ r PO SIMA , " , aeat Dial*Tex �� Ex�t:IN Tax AL• O- 7-OO& 4tO4PMln§P-rzA, O•nal• &Whit Page - 2 - i1910Y���06• • �� i VOLIKIPMUO - TO HAVE AND TO HOLD the aforeaaid-lands and all privileges and appurtenances thereunto belonging to the Orantees, their heirs, successors and assigns, in fee sirnplp forever in as f dl wA ample a mariner as the undersigned Trustee W authority to convey the same. IN WITNESS WHEREOF, Julie H. Malone, as Ttvstee of the James C. and Nancy S. Pope Charitable Remainder Unitrust under Trust Agreement dated May 15, 2000, has hereunto set her hand and adopted the typed word "SEAV alter her name as her own seal this day and year first above written. L 31. �k�-(SEAQ J i H. Malone, Trustee of the .tames C. and N Icy S. Pope Charitable Remainder Unitrust Under Agreement dated May 15, 2000 ' STATE OF C011Vlt.f A. COUNTY OF a Notary Public, in and for said County and State, do hereby certify that JULIE H. MALONE, TRUSTEE of the James C. 4nd Nancy S. Pope Charitable Remainder Unitrust under Agreement dated May 15, 2000, personally appeared before me this day and acknowledged the due execution of the foregoing Trustee's Deed. Witnestmy hand and notarial sealfstamp, this day of June, 2000. N.P. My Contnlission expires: J aM(,�Q� �j/ V fiaN A ib111tt8 0mycaCe*.madon o 134M Meanterer C*j* rv". t0WJM7. � NORTH MOLWA, SAMPSON COUNTY The foregoing OE armed certitkate of Irt Notary Public/Matarier%biic is,EtW40-certified to be correct M14 WAnlinent was presented for registrad and recorded in this Office at Hook 1361 Page /909 .,."„► Tla day of iaoa at _O'clock_ MAE IL'MOUBLEFIELD Regi= of Deeds Deputy Register of Deeds ALN 07 2W3 13:14 19199361058 PRGE,03 i I ,I , :j ucL1361FAcEM This instrument prepared by tape Fear farm Credit, ACA. Cape Fear Farm Credit, ACA Cana Pear ?arm Credit,. uk loan Number 020 004 7b9917.11. STATE OI' NORTli CAROLINA DEED OF TRUST COUNTY Or S myaon THIS INDENTURE, made the lot day of _June, 1000 _ , between Marshall 0. ?alatevieth and ends. evnthia V. f/alatovienh (hereinafter called Undersigned. whether Borrower or others and whether one or mare individuals or corporations, and whether collectively or singularly); H1a=++ T. WaDu C tits Trustee (hereinafter called Trustee). and !"Alt! Fear >r)yrm CYadit. . a federally chartered corporation, (hereinafter called Lender); and WI'f'NliSSL I'll1, That In cumideration of s loan or advances made by Lender to and—CYM01.r1._Er_1EFIW_ v thercinatler called Borrower, whether one or/more), and the sum of One Dollar (1.00) paid 10 n ers g at and before the scaling and delivery of these presents. the receipt whereof is hereby acknowledged, arb.for the purpose of securing the payment of the loan to Borrower by Lender, Undersigned hereby grub. bargafin. sells and conveys Unto dw Trustee, as herein named, his successors and assigns, the following described land; (SET FORTH HEREINBELOW AND/OR ON SCHEDULE W ATTACHED HERETO AND MADE A PART HEREOF Bee Attached Schedule ■Aa e TO IIAVE AND TO HOLD the said land with all and singular the rights, members and appurtenances !hereunto belonging or anywise appertaining. to the only proper use and benefit of the Trustee, as herein named, his/her successors aid assigns, forever. In fee simple. This conveyance is io be construed as a deed of trust, and not a% a mortgage, and is made to secure (1) the performance of the covenants herein contained and the payment of a Iran by Lender to Marsha I1 0. ?alatovich and thin P. Falatovich�� ere ostler caa leiBorrower, whether one or more, in the principal sum o Your Hundred Forty Two Thousand and rip OOQ ..0 )'as cviJrticcJ Icy note nr orriwer to Under n even ate icrewit t, cc urn paylnent u w tie i. if nut strtnier prtJ, hcut9uc`aiu7 payJune 01 2010 , same Will; made a part hereof to tic same extent as if it wrre set forth herein, and all renewals, reamorlizatiuns, refinances, mudiftcations, extensions, deferments or other rearrangements thereof, together with interest thereota as provided therein; (2) all additional loans and advances that may subsequently be made to Burrower (or to any one or more of the parties designated as Undersigned OF Borrower, with the written consent of the remainder of said Undersigned or Borrower), by Lender, which will be evidenced by a note or notes and all renewals, reamortizations, extensions, refinances, modifications, deferments or other rearrangements thereof, plus interest thereon, and when any payment is made on any indchncdncss secured hereby, or on any renewals, rearnortizalions, extension.%•, refinances, modifications, deferments or other rearrangements thereof, fresh advances may be made, from time to time, so as to make this contract continuous in nature; such advances, it' any. to he made solely at the option of the Lender; and (3) all other Indebtedness of Borrower to lender, now due or to become due (whether directly or indirectly) or herealler to be contracted, and all renewals, reammrtizations, extenslons, refinances, modifications, deferments or Other rearrangements thereof, plus interest thereon, attorneys' fees, court or foreclosure costs, including Trustee's cornniksiuns, and any advances and Interest thereon, which advances are made for the protection of the security or tide thereto, such as. but not limited to, advances.for lanes and insurance premiums, all of which are secured by this deed of truss. It is further understood and agreed by all parties hereto that the execution by Borrower and the acceptance by Lender of any notes, renewal notes or other Instruments, or the agreement by Lender to any reamortizations, extensions, refinances, modifications, deferments or other rearrangements shall not be construed as payment of any indebtedness hereby secured (whether of not, among other changes in terms, the interest role or rates remain the sanie and/or time for payment is thereby extended or lessened), and shall not discharge dnc licit of this deed of trust which is to remain in full furce and effect until die total indcblcdoess secured hereby has been paid In foil, All notes or other instruments contemplated in this paragraph shall remain uncancelled and In the possession of Lender, its successor and assigns until the tout Indebtedness hereby secured is paid in full. Provided, however, the lien of this deed of trust shall not be terminated or otherwise affected during the period of this instrument front the date hercuf by repayment ht full, one or more times, of all indebtedness then outstanding, unless this instrument shall be formally released or disdiarl;Ld of record. If at any [line during the period of Bald Instrument from the date hereof, there be no htdebtedness outstanding of Borrower to Lender, and no obligation of Lender to make any further advances to Borrower, Lender will, tl M the wrItto request of Borrower or Undersigned, execute and deliver to Undenlglrtad a rawtaveyarrce or sathfacdon of dais kwjumeoL * PL,1100 (m. 31") hp I at $ VDA3611110EM F SC1k11gDllLE "A'� - FJ%U TRACTt Being all that certain tract or parcel of land containing 38,61 acm more or less, as shown on that certain map entitled, "Survey fbir Marshall Falatovich", prepared by Larry King and Associates, Registered Land Surveyors, dated July 27, 1993, and recorded in Map Book 26, at Page 29 of the Sampson County Registry, said map being incorporated herein by reference for a more complete descriptions. SECOND TRACT: Belna 8,99AcsC, more or lest, as shown on that map entitled "Survey for Marshall Falatovich", Prepared by Lpry King and Associates, Registered Land Surveyors, dated February 28, 1994, and recorded in Map Rook 26 at Page 77 of the Sampson County Registry, said map being incorporated herein and by reference made •, a part hercoE The foregoing is the same land described as the Second Tract in that deed from Isaiah Packer and wife, Lillie Packer to Dr. Glenn C. Newman and Stacy A. Butler and wife, Ruby N. Buller dated December 1, 1954 and recorded in Book 628 at Page 327 of the Sampson County Registry. Dr. Glenn C. Newman died August 2, 1977, His with, Pearl (same person as Peggy) K. Newman died testate November 26,1987 her will being of record in File 88 E 41 in 'the office of the Clerk of Superior Court of Sampson County. Ruby N. Butler died April 7, 1983. T11Hn RACT: ltelrra A1.84 nos, more or less. as shown on that map entitled: " -Recombination of [lie "First Tract" and "Third Tract" ---Deed Book 628, at Page 328 Marshall Falalovich" prepared by Larry King and Associates, Registered Land ` Surveyors, $atcd February.14, 1994, and recorded in Map Book- 26 at Page 78 of the Sampson County Registry, said map being incorporated herein and by reference made a part hereof. The foregoing is the same land described as the First Tract and the Third Tract in that deed from Isaiah Packer and wife, Lillie Packer to Dr. Glenn C. Newman and Stacy A. Butler and wife, Ruby N. Butter dated December I, 1954 and recorded in Book 628, at ' Page 327 of the Sampson County Registry. Dr. Glenn C. Newman died August 2, 1977. His wife Pearl (same person as Peggy K. Newman) died testate November 26, 1987 her will being of record in File 88 E 41 in the office of the Clerk of Superior Court of Sampson County. Ruby N. Butler died April 7, 1983. FFSIRTH TRACT: Adjoining Lot # 4, Lot # 5, Lot No. 7 and Lot No. 10 and North Carolina Hwy. 403; and beginning at a point in the center of North Carolina Hwy 403, e new corner with Lot No. 5 which new comer is located South 32 degrees West 1039 feet from the Marshall A.•Gainey and Carl Pope Comer where King's Branch crosses under said highway and through a concrete pipe, and runs thence the dividing line with Lot No. 5, and beyond its corner South 58 degrees East 1234 feet to the center of a drag line ditch in the line of Lot No. 10; thence with the line of Lot No. 10 the center of a drag line ditch North 48 degrees East 114 feet to a stake, thence with Lot No. 10 along the center of a ditch due North 137 feet to a stake, comer of Lot No. 7; thence with Lot No. 7, North 58 degrees West 1192 feet to the center of North Carolina Hwv. 403 comer of Lot No. 7 • thence along the center of North Carolina Hwy. 403, South 32 degrees West 222 feet to the beginning corner, contninine 6.48 acres, more grjess, and being Lot No. 6 in the division of the lands of Marshall A. Gainey, dcccased, allotted to Franklin Gainey as will i appear in Order and Decrees in Special Proceedings, Clerk's Office of Sampson County. I VOL1361PhoEU3 IIIERE.15 EXCEPTED FROM I I1S 1.9Tan easement ofright of n•ay. 69-feet 1de beginning at the end of the easement across Lot No. 4 and runs thence North 51 degrees 50 minutes East to the line between Lots Nos. 6 and 7 for the use of the owners of Lot Nos. 10, 11, 12, and 13, for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. File H-TRACT: Adjoining Lot No. 6, Lot No. 8, Lot No. 10, and North Carolina Hwy. 403, and Beginning at a point in the center of North Carolina Hwy. 403, a new corner, Which point and new comer is located South 32 degrees West 595 feet from the Marshall A. Gaincy and Carl Pope corner where King's Branch crosses under said highway and through a concrete pipe, and runs thence the dividing line with Lot No. 8 South 58 degrees East 1053 Net to a point in the center of a ditch, in the line of Lot No. 10, and nuns tlicnce the center of the ditch the line of Lot No. 10, due South 257 Net to the comer of Lot No. 6; thence the line of Lot No. 16, North 58 degrees West 1192 feet to the center of North Carolina Hwy 403, comer of Lot No. 6, thence along the center of North Carolina Hwy. 403, North 32 degrees East 222, feet to�t>t beginning corner. containing 5.72 acres. morf of less. EItF S E. _F. D RO 1 S an casement of right of way 60 feet wide beginning at the end of the easement across Lot No. 6 and runs thence North 51 degrees 50 minutes East, to the line between Lots Nos. 7 and 8 for the use of the owners of Lots Nos. 10, 11, 12, and 13 for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. This land is Lot No. 7 allotted to Shirley G. Jones in the division of the lands of M. A. ' Gainey deceased. The report of the commissioners in said division being dated January 23, 1969 and is recorded in Order and Decrees in Special Proceedings, Clerk's Office of =r Sampson County. i SIXTH TRAM; Adjoining Lot No. 8, Lot 10, King's Branch and North Carolina Hwy 403; ,and beginning at a point in the center of North Carolina Hwy 403, where King's Branch crosses under said highway and through a concrete pipe, the Marshall A. Gainey and Carl Pope corner and runs thence along the centcr of North Carolina Hwy 403, South 32 gegrces West 370 feet to the corner of Lot #8, thence the dividing line with Lot # 8, South 58 degrees East 935 feet to the center of a ditch, comer of Lot No. 8 in the line of Lot No. 10. thence with the Lot # 10. file center of the ditch, North 30 dcgrccs 20 minutes East 233 feet and North 45 degrees 10 minutes East 86 feet to the King's Branch, corner of Lot No. 10, thence along King's Branch North 72 dcgrccs 30 minutes West 209 feet, South 74 degrees 20 minutes West 335 feet, North 63 degrees 50 minutes West 78 feet, North 17 degrees 50 minutcs West 500 feet and North 44 degrees 5 minutes West 90 feet Jo the hr, Inn ng-carner, containing 4,75 ncres of Innd, more or 1ca1. and being Lot No. 9 allotted to Marvin Gainey in the division of the lands of the Late M. A. Gainey deceased, the report of the commissioners in said -division being duly recorded in the office of the Register of Deeds of Sampson County in Book 806 at Page 612. SEVE 1 R % Adjoining Lot No. I, Lot No. 3, Lot No. 4, Lot No. 6, Lot No. 7 Lot No. 8, Lot No. 9, Lot No. 11, Kings Branch and the C. R. Beamon estate, and Beginning at a point in the center of Kings Brautch at the entrance of a ditch, corner of Lot No. 9 and runs down King Branch, South 76 degrees 30 minutes East 191 feet and South 86 degrees 25minutes East 249 feet to the comer of Lot No. 11, thence with the dividing line of Lot No. 11, South 29 degrees West 2,214 feet to a stake, corner of Lot No. 11 in the C. R. Beamon estate line, thence the Beamon tine North 69 degrees 5 minutcs West-516 fect to n stake. comer of Lot No, 1, thence with the dividing line of Lot No. 1, Lot No. 3, Lot No. 4, Lot No. 6, Lot No. 7, Lot No. 8, and Lot No. 9, North 42 dcgrccs East 572 feet to the head of a dragline ditch, thence with the ditch, North 48 degrees East 729 feet, due North 449 feet, North 00 degrees 45 minutes East 168 feet, North 30 degrees 20 minutes East 275 feet and North 45 degrees 10 minutes East 86 feet g the hCeInUlnecgrngr. contalnine 15.93 acres. more orless. and being Lot No. 10 in the division of the lands of the late M. A. Gainey deceased. 10/0�11N GAY THIERU E i9 921CI 11 F' W Ims LET U a meal or lidl Of Ila it -feet llft beginning at the end of the easement across Lot No. 8 and tune thence South 76 degrees 25 minutes East to the line between Lots No. 10 and I 1 for the use of the owner of Lots No. 10, 11, 12, and 13 for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. For this description see deed of Alton C. Morgan to Alton C. Morgan and wife, Lillie M. Morgan, recorded -in Book 807 at page 267 of the Sampson County Registry. EI!QHI IRACT, Adjoining Lot No. 10, Lot No. 12, King's Branch and the C. R. Beamon Estate and Beginning at a stake in King's Branch, comer of Lot No. 10, and runs thence down King's Branch, South 86 degrees 25 minutes East, 369 feet to a stake, corner of Lot 12, thence with the dividing line of Lot 12, South 29 degrees West 2313 feet to a slake in the line of the C. R. Beamon Estate, comer of Lot 12, thence the Beamon line, North 69 degrees 5 minutes West 334 feet to a stake, corner oCLot No. 10, thence the dividing line with Lot No. 10, North 29 degrees East 2214 feet Lqkc • beginning corner. ontolning 12.44 acres, moreor less,and being Lot No. I I in the division of the lands of the late M. A. Gainey, deceased. TBERE 15 EXCEPTED F'RO :III S J QT an easement or right of way 60 feet wide beginning at the end of the casement across Lot No. 10 and runs thence South 76 degrees 25 minutes East to the line between Lots Nos. 11 and 12 for the use of the owners of Lot Nos. 11, 12, and 13 for the purpose of going'to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. '• Adjoining Lot No. 11, Lot No. 13, King's Branch and the C, R. Beamon estate and beginning at a stake in King's Brach, comer of Lot No. 11 and runs thence down King's Branch South 86 degrees 25 minutes East 51 feet and South 74 degrees 5 minutes East 36l feet to a stake, corner of Lot No. 13, thence the dividing line with Lot No. 13 South 29 degrees West 2,326 feet to a stake corner of Lot No. 13 in the C. R. Beamon Estate line, thence the Beaman line North 69 degrees 5 minutes West 405 feet to a stake corner of Lot No. 11, thence with the dividing line of Lot No. 11, North 29 degrees East 2,313 feet to the beginning cgEner. containing 21.71 acres. more of less. THERE 1S EXCEPTED FROM THIS LQT an easement or right of way 60 feet wide beginning at the end of the easement across Lot No. l l and runs thence South 76 degrees 25 minutes East to the fine between Lots Nos. 12 and 13 for the use of the owners of Lots No. 12 and 13 for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said casement of right of way. • Adjoining Lot 12, King's Branch, the C. R. Beamon Estate line, and the Powell and Wimbish lands and Beginning at a stake in King's Branch corner of Lot No. 12, and runs thence down King's Branch, South 74 degrees 5 minutes East 74 feet and South 62 degrees 25 minutes East 528 feet to a stake Powell and Wimbish corner, i thence the Powell and Wimbish line to and along a wire fence and beyond South 29 . degrees West 2257 feet to a stake, the C. R. Beamon Estate comer, thence the Beaman Line, North 69 degrees, 5 minutes West 607 feet to a stake, comer of Lot 12, thence with the dividing line of Lot 12, North 29 degrees East 2326 feet to the hegiurling corner. con#ainhIC 32.12 acres, 0oleop less, and being Lot 13, in the division of the lands of M. A. Gainey deceased. ElEyEN111 TRAU:RWINNING at a point, Arthur King's corner in the centerline of State Secondary Road No. 1752, which point and corner is located North 69 degrees West 1882 feet from the centerline of North Carolina Highway No. 403, and runs thence along the centerline,of State Secondary Road No. 1752, North 69 degrees West 200 feet to a corner with Lot No, 15, thence with Lot No. 15, North 21 degrees East 2037 feet to a stake, comer of Lot No. 15 on the bank of Gilmore Run; thence down Gilmore about 201 feet to a stake, Arthur King's comer, thence with the line of Arthur King, South 21 degrees West 2021 feet to Jhe beginnine, containing 9.28 acres. more or le a, and being Lot No. 14 as allotted to Irene G. Darden in the Division of lands of M. A. Gainey, i deceased, the Report of Commissioners in said division being duly recorded in Book 806 • at Page 612 of the Sampson County Registry. '77...;,, ` a r VOL1361PAGIU5 TWELFTH TRACT: Adjoining Lot N. 14, Lot No. 16, Gilmore Swamp and Public Road No. 1752 and BEGINNING at a point in the center of Public Road No. 1752, corner of Lot No. 14, and runs thence along thecenter of Public Road No. 1752, North 69 degrees West 200 feet to comer of Lot No. 16, thence with Lot No. 16 North 21 degrees East 2054 feet to a stake, corner of Lot No. 16 on the bank of Gilmore Run, thence down Gilmore about 201 feet to a stake, corner of Lot 14, thence with the line of Lot 14, and •\ : ; parallel to the second line of this survey South 21 degrees West 2,037 feet to the buinn In n Ing 2.30 gcECs. Beginning at a PK nail in the center line of State Secondary Road No. 1752, a joint corner of Lots Nos. 14, and 15 in the M. A. Gainey Division, which beginning point is located 2,082 feet from the intersection of the center line of State Secondary Road No. 1752 with the center line of N. C. Highway No. 403, and runs thence from said beginning point so located North 70 degrees 06 minutes 04 seconds West 150.00 feet to a PK nail in the centerline of Stale Secondary Road No. 1752, a new corner, thence a new line North 19 degrees 53 minutes 56 seconds East 290.40 feet to an iron stake, a new corner, thence another new line, South 70 degrees 06 minutes 04 seconds East 150.00 feet to an iron stake in the dividing line between Lots Nos. 14 and 15 of.the M. A. Gainey division, thence with the dividing line between Lots Nos. 14 and 15 of the M. A. Gainey division, South 19 degrees 53 minutes 56 seconds West 290.40 feet to Of Pointor heaIRDID& containing 1.00 acre, mare or less, and being a part of Lot No. 15 in the division of M. A. Gainey lands allotted to Thelma Gautier. T111RTEFNTH TRACT, Beginning at a point in the center of Public Road No. 1752, corner of Lot # 15 and runs thence along the center of Public Road No. 1752, North 69 degrees West 200 feet to the corner of Lot # 17, thence with the line of Lot # 17, North 21 degrees East 2087 feet to a stake nn the bank of Gilmore Run, corner of Lot # 17, thence down Gilmore about 203 feet to a stake, corner of lot #15, thence with the line of i lot # 15 and parallel to the second line of this survey, South 21 degrees West 2054 feet to the gjnning earner, contain ggr .94 acres, more or less. and being Lot # 16 of the Division ofthe lands of the late M. A. Gainey deceased, Report of the Commissioners dividing the same being duly recorded in both, the office of the Clerk of Superior Court ` and the office of the Register of Deeds of Sampson County. Adjoining Lot No. 16, Lot No. 18 Gilmore Swamp and Public Road No. 1752 and Beginning at a point in the center of Public Road No. 1752, corner of Lot No. 16, and runs thence along the center of Public Road No. 1752, North 69 degrees West 200 feet to corner of Lot No. 18 thence with the line of Lot No. 18, North 21 degrees East 2186 feet to a stake on the bank of Gilmore Run, corner of Lot No. 18, thence down Gilmore about 221 feet to a stake, corner of Lot No. 16; thence with the line of Lot No. 16, and parallel to the second line of this survey, South 21 degrees West 2087 Leet to the beginnIn corner, containing 10.30 acreh more or less, and being Lot No. 17 allotted to Prentice Gainey in the division of land of his father, M. A. Gainey, deceased. The report of the commissioners, Flect Moore, W. D. Casey, and L. F. Barber, being duly recorded in the office of the Clerk of Court the office of the Register of Deeds of Sampson County. FIFTF.Ii NMI 'TRACT: Adjoining Lot No, 17, H. Oliver, Gilmore Swamp and Public Road No. 1752 and Beginning at a point in the center of Public Road No. 1752, corner of Lot No. 17 and runs thence along the center of Public Road No. 1752 North 69 degrees West 200 feet to H. Oliver's comer, thence the Oliver line North 21 degrees East 2270 i feet to a stake, H. Oliver's on the bank of Gilmore Run, thence down Gilmore about 216 -. feet to stake, corner of Lot No. 17, thence with the line of Lot No. 17, and parallel to the second line of this survey South 23 degrees West 2196 feet to the beginning corner, VCLIMPAdS 4 6 0 '1 Aill 01 111411"A. w dal BEGINNING at a PK nail set in the center line of S. R. 1752 which beginning Nail is further located South 70 degrees 06 minutes 04 seconds East 2732 feet from a trail act at the point of intersection of the centerlines of S. R. 1752 and N. C. Highway 403, and tuns from such beginning Nail so located, and along the center of S. R. 1752 North 70 degrees 06 minutes 04 seconds West 150.00 feet to a PK nail, a joint corner with the Hugh Oliver Lands, thence along the Oliver fine, North 19 degrees 53 minutes 56 seconds East 290.40 feet to an iron stake, a new corner, thence a new line South 70 degrees 06 minutes 04 seconds East 150.0 feet to an iron stake, another new corner, thence another new line South 19 degrees 53 minutes 56 seconds West 290.40 feet to the P_oftLor-Retnttlm sontt+lrtine 1.0 acre. n+nre or Im allolLiti�tzA portion of the I.ot 18 of the M. A. Gainey Division as described in Deed Book 845, at Page 365 of the Sampson County Registry. SIX'1 ETt!TII TRAa,* 111 CINNINC: at ait iron stake set in the centerline of North Carolina Highway II 403 (Faison Highway), said stake being set over a culvert through which passes the waters of Kings Branch, comer with lands of Marshall G. f alatovich described in the deed of record in Book 1317 a1 Page 432 and from said beginning point the line runs thence with the centerline of said highway North 31 degrees 00 minutes 00 seconds East 1,348.59 feet to an iron stake, corner with the lands of Mary L. Woolen described in the deed of record in Book 1014 at Page 73 thence with the Wooten line South 70 degrees 45 minutes 00 seconds East 2,537,00 feet to an iron stake, corner with the J. C. Pope lands described in deed of record in Book 1302, at Page 520, thence South 18 degrees 40 minutes 00 seconds West 20 feet and North 68 degrees 00minutes W seconds West 23.47 feet to an iron stake set in the head of a ditch, thence witli the run,of the ditch, the following calls: South 78 degrees 31 minutes 1 I seconds West 602.30 feet, South 14 degrees 40 minutes 24 seconds West 136.30 feet, South 27 degrees 29 minutes i seconds West 198.42 feet, South 31 degrees 44 minutes 13 seconds West 357.71 feet and South 22 degrees 28 minutes 27 seconds West 301.35 feet to a stake in Kings Branch, the property litre being the run of Kings Branch, thence the run of Kings Branch, as it meanders in a generally westerly direction the following cal Is: North 73 degrees 25 minutes 16 seconds West 254.91 feet, North 89 degrees 55 minutes 25 seconds West 781,46 feet, North 68 degrees 12 minutes 50 seconds West 422.74 feet; South 72 degrees 36 minutes 146seconds West 3 44. 18 feet, North 67 degrees 23 minutes 50 seconds West 77.88 feet, North 18 degrees 00 minutes, 31 seconds West 507.38 feet, and North 47 degrees 29 minutes 08 seconds West 90.00 feet to the point and place of beginning and c9nialnints 2175_acte3._mor_e ork ss, and being all of tracts one and two as shown on a plat and survey by Millard T. Owen,11I, Professional Land Surveyor, dated March, 2000, styled "Map of J. C. Pope Hog Farm", and appearing of record in Map Book 36, at Page 36 in the oMcc of the Sampson County Registry. For chain of titleinformation, see Book 1018, at Page 924, Book 1135 at age 401, Book 1273, at Page 76 Book 1302 at Page 520; Sampson County Registry. t ft Vat1361pitilr?" For the consideration aforesaid, Burrower covenants as follows; a. The making of any advance or the acceptance of any obligation shall be at the sole option aQd discretion of the Lender and upon such terms and eondit'utus as it shall determine; b. TIIE MAXIMUM UNPAID PRINCIPAL. AMOUNT, INCLUDING PRESENT AND FUTURE ADVANCES AND OBLIGATIONS, WHICH MAY HE SECURED BY THIS DEED OF TRUST AT ANY ONE TIME SHALL NOT EXCEED: Two Million and no/100 (S 2,000,000.00 )DOLLARS. c. All future optional advances or obligations must be made within fifteen years from date of this deed of trust Irrespective of the duration of this deed of trust and/or the duration of any indebtedness secured hereby; d. Lender expressly reserves, and Undersigned expressly consents to, the right to allocate and apply any payment received hereunder against the evidences of indebtedness secured hereby in such proportions and amounts. as it, In its sole discretion, determines to he proper; e. Lender may, at its Option, determine and declare any or all present slid future advances or obligatioru secured by this deed of trust to be In default and Immediately due and payable upon the delault In payment of one or more of the obligations secured botchy, or the default or any Otter term or condition of this deed of trust. f. "Future advances" or 'obligations" as used in this paragraph are deflated as further and additional principal sums loaned, to one OF more Of the Borrower and which are secured by this deed of trust. Payments made by Lender for fire and extended coverage insurance, flood insurance, taxes, assessments or other nmcssary expenditures for the preservation of the security shall be secured hereby and shall have the same priority as if such payments had been made at the time of execution of this deed of trust, and neither such payments made by Lender nor any accrued interest shall be considered in computing the maximum principal amount which may be secured thereby. g. The total Indebtedness secured by this deed of trust may be evidenced by varlous "notes and/or other written Instruments and evidences of indebtedness, and one or more or all such notes and/Or the written instruments and evidences of indebtedness may, frost tithe tO lime, be combined and merged loin a single note Or other evidence of indebtedness. Such combination and merger shall not constitute nor he construed as a payinem, satisfaction or discharge of any prior advance trade or prior obligation Incurred. This deed of trust also secures all other advances made 10 and obligations accepted from Borrower, under the lens of said note and any subsequent note or evidence of Indebtedness secured hereby, and all amounts included In reamonizations, renewals, refinances, modifications, exteltSWU and any other rearrnngemenis of any such indebtedness hereby secured. Whether or not The indebtedness secured hereby ever exceeds the maximum above stared, lender at its option shall have the sole right to determine the priority or order in which the various delim covered hereby shall he secured hereunder within said maximum. For consideration as aforesaid, Borrower/Undersigned covenants as follows: 1. - Undersigned is lawfully seized of said land in fee simple and has a perfect right to convey same. The said land is unencumbered and free finin all claims and charges. Undersigned, fi+r himself, his heirs, executors, administrators, successors, and assigns, warrants and will forever defend the right and late Of said land unto the Trustee, his successors and assigns, against the claims of all Persons whomsoever. In The event of default, If the Lender employs counsel to collect the debt evidenced by any note secured hereby, or to enforce or protect any rights provided for herein, In any coup or before any administrative body whatsoever, then in addition to any principal. Interest and other charges as provided for in any note secured hereby, Lender shall also recover ail costs and expenses reasonably ineur►ed by I.ender, including reasonable all'.+roeys' fees, which costs, expenses and attorneys' fees shall become pan of the Indchicducss secured hereunder, shall he immediately payable, and shall draw Interest from Ike date Lender retains counsel until paki at the highest rate Provided in any note or notes secured hereby. 2. Whether or not Borrower Is in default, in the event the Lender becomes a party to any legal proceeding involving the security described herein, other'than an action in collect any indebtedness evidenced by any note or notes secured hereby, and including any hunkrupicy cake involving Borrower or Undersigned, Ilion Lender may also recover all cods and expenses reasonably Incurred by Lender, Including rcasuuahle attorneys' fees, which costs, expenses and attorneys' fees when incurred by Lender shall become pan of the indebtedness secured hereby and shall be immediately payable on demand, and shall draw Interest from the date incurred until paid at the highest rate provided for in any note secured hereby. 3. Undersigned will insure, and keep insured, as required by Lender from time to lime, all buildings now and hereafter on said land against such risks, in such form, in at least such amounts, and with such company or companies, as shall be satisfactory to Lender, the loss, if any. to be payable to Lender as its interest may appear, and will deliver to Lender a policy or policies of Insurance with mortgagee clause satisfactory to Lender attached ,hereto, and will promptly pay, when due, all premiums for such insurance. In addition to other insurance coverages, if the property is Incated in a government mandated Mond area where participation In a Federal Flood Insurance Program is required, Undersigned agrees that upon receipt of notification from Lender and within the time period established by Lender, Undersigned will obtain and maintain flood insurance in such amount as Lender requires on all buildings, improvements, fixtures and any mobile horno(s), now existing or hcteafter erected, placed or maintained on or in the land) described in Ibis deed Of trust, together with all other personal properly securing Undersigned's obligations to Lender and maintained In or on such buildings, improvements and mobile home(s), until the loans, future advances and all other Indebtedness secured by such Properly and this deed of trust are fully paid. Lender may require Undersigned to obtain and maintain such Mond insurance at the time the loan(s) secured hereby are made or at any time thereafter until the loans secured by such property are fully paid. Undersigned further agrees to pay Lender all reasonable fees and costa Lender incurs in determining whether any of such property is located in an area having special flood hazards including determination fees (of initial and subsequent determination as well as fees for monitoring the hood hazard status of the property during the life of the loan), together with the cost of premiums and fees incurred with purchasing flood insurance for Undersigned, if Undersigned fails to do so within the time period required by Lender. Any such ices, premiums or costs shall, in Lender's sole discretion, be due and payable on demand or as otherwise provided for In the promissory note(,) secured hereby or this deed of trust. At the option of lender and subject to applicable law, insurance funds may be used for reconstruction or repair or the destroyed or damaged insured buildings and insurance funds :not so used shall be applied on such part of the indebtedness secured hereby as Lender, in its sole discretion, may determine. 4. Undersigned will pay, when due and payable, all taxes, assessments and other charges that may be levied or assessed against said land, and all other amounts that may be or become a lien thereon. In the event Undersigned fails to pay, when due and payable, any such tax, assessment, Charge or any other item which may or has become a lien on said land, Lender may, at its discretion, pay the same without notice to or consent from Undersigned. S. Undersigned will keep in good order and condition, preserve, repair, rebuild and restore all terraces, buildings, groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter erected or placed thereon, and will not permit the change, injury or removal thereof, will not commit or permit waste on said land, and will not, except with the written consent of Lender, cut, use or remove, or permit the cutting, use or removal of, any limber or nixes on said land for sawmill, turpentine or other uses or purposes, except for firewood and other ordinary farm purposes. r . Undersigned covenants that he will not perform any &a which might impair or tend to impair the continuation on the property herein described of all crop allotments and acreage allotments now established or hereafter established on any of the property berelT described and hereby grams a lien on aid allotments to Lender. 7, Undersigned covenants, warrants and represents that there: am no oral or wrbm knell affiMItag the wWdn desesibad land at toe dare of this Instrument other titan base set forth In wrhtm Application for dtk ken or in any written amaidmerat drereoo. ' of VOLWWAGUO S. Bomown will pay. when due and payable, all amounts secured hereby. That Is of the essence of the said rate and tray subsequent (tote secured hereby, sand of this instrument. If Undersigned or Borrower. Hails to ooumply with any covenant. condition or agreement in this Instrument or any notes or other evidence of Indebtodtxts. or in any refinaacea, mamottiratons, renewals, deferments. extensions. modifications and any other rearrangements. or any other written agreement between the Borrower » tad doe Lender. Lender my. at its option, exercise any one Ar more of the following rights, powers, privileges, and remedli ; a. PPFform the covenants In this Instrument said In any notes or other evidence of indebtedness hereby secured and NI amounts Advanced by Lender In so doing shall be due and payable by Burrower to Lender immediately without notice, and shall be secured by this instrument, and may, at the sole discretion of .Leader, but interest from the date of advance by Lender at the highest rate provided In any note or other instrument secured hereby. b. Declare any or all amounts and/or obligations secured by this instrument Immediately due and payable without notice. e. !lave this deed of trust fordnwith foreclosed for the whole amount of said sum, Initerest and costs, said on the application of Lender, its successors or assigns, it shall be lawful for and the duty of Trustee or his duty authorized agent, with notice of hearing and sale as provided by Chapter 45 of the General Statutes of North Carolina at the time of said declaration of the full debt being iutnrediatdy due and payable, at such time and place as provided In die notice of sate, to expose said tarts at public sale to the highest bidder for cash and to convey said lands to the purchaser at said sale. At such sale Lender shall have tie right to bid and become the purchaser of the property sold. The successful bidder shall make it deposit of ten percent (10%) of the successful hid at the time of sale; provided, the Trustee may waive this acquirement. 9. That he hereby represents and warrants to Lenilcr that there ere .m materials (hereinafter collectively called "Special Materials') presently located on or near tilt premises which, under federal, state err local law, statute, ordinance, regulathm or standard, or administrative or court order or decree or private agreements (hc0liatler collectively called "Envlromuerdal KCqulrennenls"), require spedal hAtdlittg In use, genieratiun, collection, storage, treamnrnt or disposal, or payrirem of coats associated with resptrndhrg to the lawful dlreetives of any court or agency of competent jurisdiction or for slmllar ecorumtic toss. Such Special Materials include those that vlolate any malarial or local contingency plan or the release or threatened release of which may violate or create liability under the Envinmrocntal Requirements. Such Special hlatrr121S also Include (a) asbestos in any form, (b) urea funl►aldChyde foam Insulation, (c) paint containing lead or (d) transformers or other equipnhenl which contain dielectric fluid containing palychlorlatated biphenyls (commonly referred to as "PCBs") Undersigned further rcprcsenls Attd warrants to Lcitdcr that the premises are rut now being used nor have they ever been used In the past fat the activities including the use, generation, collection, storage, treatment OF disposal of any Special Materials, and in particular, without limiting the generality of the foregoing, the premises are not now being used nor have they ever been used in the past for a landfill, surface Impoundment or other area for the treatment, storage or disposal of solid waste (including solid waste such as Sludge). Undersigned will not place or permit to be p12CCJ any such Special Materials on or near the premkcs. Nutting herrin shall he deemed to prohibit or restrict the use, collection, storage, trcaunerm or disposal Ili a manner consistent with applicable Fovirunutental Requirements, of insecticides, herhicldcs, OF other pesliclJes, ferlilixers or petrulcutn products (hicluding gasuflue, ntotor fuel, crankcase Oil, heating oil) as part of the agricuhural operations now or hereafter conducted by like Undersigned on the prenhlses in a good and husbandlike manner. Undersigned further represents and warrants to Lender that there are no wells or septic tanks or other underground tanks (whether currently in use or abandoned-!n•placc) on the premises serving any other property and that there are no wells or septic tanks an other property serving the premises. If at any little it is determined that there are Special Materials located oil die premi%cs which under any Envirnmulental Rcquireucut require special hamlliug lit use, generathtu, coilcetioll, storage, Irealmut or disposal. Undersigned shalt, within 30 days alter having ohtaincd acival knowMJge thereof, take or.causc It) be taken, at llttdersigned's wlc expense, such actions as may be MCMary to comply Willi tilt CG►virmunemal Requirements. If Undersigned %hall fail to take such action, Lender may make advances or payments towards performance or satisfaction of the same but shall be under no obligation so to 'do. and all sunhs so advanced or paid. including all sums advanced or paid Ili connectitin With any judicial or administrative investigation or proceeding relating thereto, including, without limitation to like extent prtmilted by applicable law, reasonable attorneys' fees, fines, or utter penalty payments, shall be at once repayable by Undersigned and all sums so advanced or paid shall become a part of the indebtedness secured hereby. Failure of UndIrsigned to comply with alt Environmental Requirements shall constitute and be a default under this mortgage. Undersigned hereby agrees to indemnify and hold Lender harmless to the extent pennitted by opplicable taw for all loss, liability, dawage, cost aird expenses, including reasonable attorneys 'fees, for failure of the premmises to comply in all respects with the Niviruluhtena) Requirements or a breach by Undersigned of any repTowmatlnn, warranty or agicrment hutch►, 'I'll!: COVENANTS, ACRITNI1:0S, REPRESENTATIONS, WARRANTIES AND INDEMNITIE'S OF UNUERSIGNtiD CONTAINED IN THIS PARAGRAI'll SHALL SURVIVE THE OCCURRENCE OF ANY EVENT WIIATSOiiVIiR, INCLUUINO BUT NOT LIMITED TO, TIIL PAYOIT' OP T11E NOTQS) SECURED HEREBY, THE RELEASE OR FORECLOSURE OF THIS MORTGAGE. OR THE ACCEPTANCE BY THE LENDER OF A DEED iN LiEU OF FORECLOSURE. 10. Trustee shall apply the proceeds of any sale made under authority granted herein against the following: a. All costs of said sale, including the charges for advertising and a reasonable commission not to exceed five percent 0%) of the amount for which the property is sold, or if the right of redemption is exercised or the account Is re -instated, live percent of the amount of die secured debt or the highest bid received at foreclosure sale, whichever is greater, As compensation for the services of the Trustee; b. All taxes, clahns, charges, liens, assessments, judgments and costs of maintemtice and repair advanced by lender under the terms of this Instrument, with interest thereon As herein set out; e. All taxes on, or which are Ilem against, and all claims and charges against the property, outstanding, unpaid and payable, If Asia Is not made subject thereto; d. The principal and interest of the original Indebtedness and all subsequent Indebtedness hereby secured; e. The remainder, if any, of die proceeds of sale shall be paid to Undersigned, or as otherwise provided by law, if the proceeds of any such sale shall not be sufficient to pay the total indebtedness hereby secured, with all Trustee's commissions, expenses, artists, taxes, charges, claims, assessments, liens, judgments, repairs and maintenance, as herein set out, Borrower shall be liable to Lender for the balance due after the application of the proceeds of the Sale as herein provided. and may be sued for such balance In any court having jurisdiction. II. if Trustee is named as +'party to any civil action as Trustee in this aced of trust, the Trustee shall be entitled to employ an attorney -at -law, hicuding Trustee, If a licensed attorney, to represent Trustee In said action and reasonable attorneys' fees shall be paid by Lander and added to the principal of the note or notes sccuied hereby and bear Interest At the highest current rate provided In any t>oto. 12. if Burrower shall pay all instathnents of principal and interest as set forth In the said hmite and in any subsequent note or notes and/or other payniettl evidence of indebtedness secured hereby and in this deed of trust and Shall comply with all of the terms, eoMisnu and eons ikins lhercof, then this deed Of trust ;;hall beCUtihC null and void, 13. The tern! "land" as used lit this Instrument includes all trees, timber, shrubbery, fixtures and iuiprovenhenis now and hereafter on the land described in this Instrument. Any agent or representative of Lender may enter upon said land at any time for any purpose dcaired by fender. 14. Accounting procedures employed by Lender are for its Internal record keeping and shall not be interpretive of the legal rights and duties of the parties. its. As a condition hereof and as part of the consideration for the present loan and any future Advances secured hereby, all amounts that may hereafter be awarded for condemnation oT and tortious injury to, any of the land herein described are hereby Assigned and shall be payable unto Lender for application, after payment therefrom of attorneys' fees and expenses incurred in connection therewith, on such part of the total indebtedness secured hereby as lender may determine, with no duty on Lender to collect Ssme. Pal? tdi 4A VOL 1341FAIJILIS 16, As a condition hereof and as part of the consideration for the present loan and any future advances secured hereby, all rents, royalties, profits and any other income accruing from the (and herein described upon and during default under this instrument or ttsc Bald note are hereby assigned and shall be payable unto Lender for application upon such part of the total indebtedness samred by this Instrument as tender may determine, with the right in, but no duty upon. Lender to collect same. Lender shall have the right, exercisable at Its discretion so long as this deed or trust is in force and effect, to demand in writing the assignment or and transfer to tender, its successors and assigns, and Undersigned hereby agrees to so assign and transfer, any and all rem. profits. royalties, Income or other eonsidetation In be paid or accruing to Undersigned from any oil, natural gas, mineral, timber, leasehold or outer Interest of any kind and nature whatsorve►. dcrlvc'tf from, connected with or affecting the within described real property but not otherwise subject to, conveyed and/or secured by this deed of trust, with the right, but no duty, upon Lender, its successors or assigns to collect same. 17. As a condition hereof and as pan of the consideration for the present loan and any future advance secured hereby, Borrower hereby waives aril renoulces for himself, his heirs, administrators or executors, successors and assigns, all rights that now exist. or that may hereafter exist, under the laws of the State of North Carolina, in the event of suit against Borrower for any deficiency in the debt hereby secured, alter foreclosure sale by the Trustee, or otherwise of the land herein described, to show as defense or scoffs tltc alleged fair worth of said land; the Burrower agrees to pay the full amount of the total indebtedness secured at any time by this deed of trust, and the full annrunt or any deficiency dtcrein that may be established by the foreclosure sale of the land herein described, without defense or setoff on account of the alleged fair worth of said land, 18. If the Trustee or his successors) shall die, resign, become mentally at physically Incompetent or otherwise disgwnli(ted, refuse to act, or If a rww Trusice is desired by Lender or its successor(s) or assigns, Lender, or its successor(s) or assigns, shall have the right, by paper writing duty execulcJ and registered, to name and appoint another Trustee In the place and stead of the Trustee herein named arid appointed, which new trustee shall have all the dugs, rights, powers and privileges'of the original Trustee, and the expense of such paper writing aril registration shall he paid by Borrower immediately upon demand, and if not so paid, satin may be advanced by tender, Its successur(s) or assigns. And shall became a pant of the Indebtedness secured hereby soft stay bear Interest at the highest rate provided In any hole or other instrument secured hereby, 19. At a cotafition hereof and as pan or the consideration for the present loan and any future advances secured hereby, all abiigatinns, assignments, releases of real property and/or personal liability. reamorlirations, renewals, deferments. extensions or any other agreemenr, in writing, made or entered into with l.erder key any one or more of the Borrowers, by any party or parties obligated (primarily or ulhcrwise) to pay any or all of the indebtedness secured hereby, or by any party or panics who have given security of any kind for any or all of the indehleduess secured hereby are hereby authorized and cotsenied to by Borrower and Undersigned and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns or the Borrower and Undersigned. 20. As a condition hereof and as part of fire consideradan for the present loan and any future advances secured hereby, If conveyance, transfer, or other disposition should he made, vulurtlarily or hnvoluniamy, of the property herein described, or any pan thcrcof, without the wrhtep consent of the Lender, then and In that event, and at the option of thi Lender and.without notice to the Borrower or Undersigned, all sums of money secured hereby shall itnntedialely and concurrently with such conveyance become dim and payable and In default whether the same arc so due and payable and In default by the speciric terms hereof or not. 21. A default under this Instrument or under any other instrument heretofore or hereafter executed by Undersigned or Borrower to Lender or for the benefit of Lender, shall at the option of Lender constitute a default under any one or more or all Instrutocrttt executed by Undersigned or Borrower to Lender. or for Lender's benefit. 22. All rights, powers, privileges, opdnns and remedies conferred upon and given to Lender are cumulative of all other mnwdks and rights allowed by law, and may be punted concurrendy, and shall extend to and may be exercised and enjoyed by the successors and Assigns of Lender, and by any agent, o(tker, attorney or representative or Lender, Its successors or assigns. All obligations and undertakings of, and assigmttents by Undersigned or Borrower and/or any other panics hereto or hereunder shall extend so and be binding upon heirs, executors. administrators, auccesaore and ass4ns of Undersigned and/or Sorrimm. and/or any other paNa. IN 'TMnMONY WHEREOF. the Undadped has duty executed Qu foregoing inststunci t, tie day had yev 11ht above written o Signed, Seded road DdlvaW In #a pteseaoe of: WITNESS: Wfi'NI SS; p, alxt: tab SEAL} (SEAL) - ,SEAL) - - - - (SEAL) (SEAL) STATE OF NORTH CAROLINA Sampson. COUNTY OF VOL I&IP-3,UO ACKNOWLEDGMENT' BY INDIVIDUAL I, Vickie D. Giddents , being duly authorized to take acknowledgmts of deeds, etc., in North Carolina, do hereby cerdfj that personally before me this day and acknowledged a ue executiorLof dw foregoing instrumentJune. 2000 nd W !ry, baand official seal, this the day of , (O:li•,,'; )•••• ,G'! Vickie D. Giddens�Q_ •,� 9-26-2000 Signature of Officer Notary Public All F Title of Officer — STATE OF NORTH CAROLINA ACKNOWLEDGMENT BY INDIVIDUAL COUNTY OF I, , being duly authorized to take acknowledgments of deeds, etc., in North Carolina, do hereby certlfy that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal, this the day of — (Official Sea]) My Commission expires: Signature of Oftirer, Title of Officer STATE OF NORTH CAROLINA ) COUNTY OF ACKNOWLEDGMENT BY CORPORATION I, - -- , certify that personally came before me this day and acknowledged that helshe is _ of __..,_.... _..._�._ a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in Its name by its , sealed with its corporate seal, and attested by him(her)self as Its WITNESS my hand and official seat, this the day of , (Official Seal) Signature of Officer My Conunlssion expires: STATE OF NORTH CAROLINA COUNTY OF SkmpSai The foregoing certificato Title of Officer Is OW certified to be correct. This lautrutmt was presented for registration this day and hour and duty recorded In the office of the Register of Deeds of DtYV% County, N .C. In Book ! 3 fa - ._ Pa a fir tl Thisl�Lday of•.. U�._ ,A.D.?°�•- at�t3g _o'ciock��,A��,M��. R. t - By-.. ___ ►' iT'rL Register of Deeds DeputylAmir,terrt Register of Deeds Recorded and verified: NORTH CAROLINA, 5 aMPSOM COUNTY HEREBY CERTIFY that the within instrument was filed and lodged for record in nay office at g•3Q �M o'clock on the M ". day of__... -.._.. - ..�i�flna; - �0 d , and duly recorded in Bnok._..� 3(P1.� __ at Page _i1L_. J . Register of Deeds sO ' IAILrU � � .....,. —. W r He((bVi, tw•.. NORTH CAROLINA ..�.l11'. UNIFORM COMMERCIAL CODE - FINANCING STATEMENT 7 9191 UCC-1 ! wZ... Iowa iRRAD INeTRUCTIONa ON SACK sa101ta COMPLaTING THIS 10WIYII *.I to p. !.0 `•�„� his FINANCING STATEMENT is presented to a Filing Officer for No. of Aaaltion•l icing pursuant to the (Uniform Commercial Code, I sh••t, rr•,•nted: 1) Debtor's) IL.0 Name Fie •nv wannnl«.n): (2) Secured Party(ias) IN••IA And AtIWta(•fy: O w IPopu 7yp•I slatovich, Marshall G. Cape Fear Farm'Credit, ACA Ng, �N5 3latovich, Cynthia P. P. 0. Sox 558 .!RESENTED FOR flEGI TRAT(ON 10 Beaver Dam Road Clinton, North Carolina 28329 BATTIME f I Linton, North Carolina 28328 URI 3) Is) Collateral It or includes fixtures. 141 Assignees) of Secured Patty, At ommieall MAE H. TROUBIHIELD Ibr Timber, Minerals or Accounts Subject REGISTER OF DEEDS a G.S. 25.9.103(5) are covered SAMPSON COUNTY Ic) ❑ Crops Are Growing Or To Be Grown * For CLINTON. N C :n Real Property Described In Section 15). ` Filing •ifn•► block 3(.1 o, bioCk ] Ib) eppiles aescrum teal Officer N•f•. I. ,:..ne t•Core owner(,) In f4clion (5). ' 5) This Financing Statement Covers the Following types for Itemsl of Propetty. See Page, 2. *On Farr Collateral Filing, Name County Debtor Resides in t ' Products of the Collateral Are Also Covered. (Cannot be Filed unless County is narned.) i) Signatures: Debtor(s1 Secured Party(ies) for Assignees See Attached Page 2 for Signatures Cape r Farm Cr t CA ley) Si nature of Secured Party Permitted In Lieu of Debtor's Signature, Standard Form Approved by N.C. Ssia of State (1) Collateral is subject to Securhy Interest In Another Jurladlct(an and Raviaed 11.90 ❑ Collateral Is Brought Into This State 0 Debtor's Location Chid To This State S (21 For Other Situations See: G.& 2644W (21 / f) FIL1WO C"ICER OOPY WiMEAC & UCC 1 R { 'i i i i i i t_ o`'�F W A rsRpt, � r Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 17, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, North Carolina 28328 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT NCGS 143-215 et seq. & Section 402 of the Clean Water Act Falatovich Finishing # 2 Facility No. 82 - 99 Sampson County Permit No. NCA282099 Dear Mr. Falatovich, You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N_ C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit. Violation 1: Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's permit (Permit No. 200000 Section 1 Condition 1) On 3-11-05, wastewater was observed exiting one of the swine confinement houses and moving by a diversion waterway into a drainage ditch behind the confinement houses. The waste then flowed an approximate 50 yards into a low lying potentially wetland area within the woods_ The flow then continued following the topography toward an UT, which leads to waters of the Gilmore Swamp. The Gilmore Swamp is a tributary of Six Runs Creek in Sampson County, Required Corrective Action for Violation 1: If you have not already done so, immediately cease discharging and begin efforts to recover the discharged animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law. Additionally, take all necessary steps to ensure this violation does not reoccur. Violation 2: Improper operation and maintenance. (Permit No. 200000 Section ll Condition 1) Field observations and evidence collected during our inspection of the site indicate that a plugged line caused the discharge. Due to the farms history in regards to discharges of this type, the numerous waste leaks associated with the foundations observed this date, and the unusual nature of this release, this office deems this violation is warranted. Required Corrective Action for Violation 2: Please increase your monitoring of all waste structures involved on your farm_ This includes but is not limited to the confinement houses, lagoon structures, and all waste application equipment. o Carolina NNaturally North Carolina Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville. NC 29301 Phone (910) 486-1541 FAX (910) 486-0707 Internet h2o.enr.state.nc.us Customer Service 1-977-623-6748 An Equal OpportunitylAfSrmatve Action Employer — 50% Recycled11046 Post Consumer Paper Mr. Falatovich Page 2 March 11, 2005 According to your NPDES permit, the Division of Water Quality requests that in addition to the specified corrective actions above, you will please submit the following items on or before April 8, 2005: 1. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. 2. Please review your permit and follow all applicable conditions that apply to a discharge of this type and volume of waste released. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation 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. If you do not believe enforcement is appropriate for this violation, please include a detailed, written justification of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office should receive your response on or before April 8. 2005_ Information submitted to this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541, Sincerely, Step n . Bam rdt Regio I uifer Protection Supervisor SBILCB cc: Keith Larick - Compliance Group Trent Allen — SWC, FRO Central Files — Raleigh Sampson County-NRCS \NArE9p Michael F. Easley, Governor �OF �i William G. Ross Jr., Secretary _0 co North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality June 3, 2005 Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 RE: Acknowledgment of Receipt of Payment Case No. DV 05-004 Farm # 82-99 Sampson County Dear Mr. Falatovich: )f r) JUN - 7 2W5 FAYMLLE REGIONAL OFRCE This letter is to acknowledge receipt of your check No. 5149 in the amount of $6,948.58 on June 3, 2005. This payment satisfies in full the civil penalty assessment and the case has been closed. If you have any questions, please call me at (919) 715-6629. Sincerely, St Steve Lewis Animal Feeding Operations Unit cc: ay=-- a Regional Office File # DV 05-004 APS Central Files N Camlina evaiurally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: ht_pt J/h2o.enr.state.nc.ua 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/] 0% Post Consumer Paper o��F wA6 ('1 )U4 r _f Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality May 15, 2003 MR MARSHALL FALATOVICH_ FALATOVICH FARMS 410 BEAVER DAM DRIVE CLINTON NC 28328 DER r FmAY 1 4 Inn SUBJECT: Acknowledgment Receipt Letter FALATOVICH FARMS File # DV 02-014 Sampson County Dear Mr. Falatovich: L This letter is to acknowledge receipt of your check # 88561n the amount of $6, 947.14, received on May 13. 2003. This payment satisfies in full the civil assessment in the amount of $6,947.14 levied against. Falatovich Farms, and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, wSteve Lewis Non -Discharge Compliance 8 Enforcement SL:sw cc: �,Fayette`vl�le-Regional;Office7 Enforcement/Compliance Files # DV 02-014 Central Files NCDENR Customer Service: Mailing Address: Telephone (919) 733-50a3 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury 5t. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper http✓/h20. enrstate.nc-us O� W A rs;,, O��G CO ULALUI� Michael F. Easley Governor William G. Ross Jr., Secretary Depar"ent of Environment and Natural Resources 'C Alan W. Klimek, P.E. Director Division of Water Ouatlty CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Marshall G. Falatovich Falatovich Finishing #2 Swine Farm 410 Beaver Dam Drive Clinton NC 28328 Dear Mr. Falatovich-- April 4, 2003 , y' ,• I r ►APR_820 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Falatovich Finishing #2 Swine Farm Sampson County File No. DV 02-014 Permit No. AWS820099 This letter transmits notice of a civil penalty assessed against Marshall G. Falatovich in the amount of $6,947.14, including $947.14 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Steve Lewis Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 OR)- AAA NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location_ 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 5o% recycle[(/ 10 o post -consumer paper http✓/h2o.enr state.nc. us 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 (form attached) of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator_prompily 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: Steve Lewis DWQ 1617 Mail Service Center Raleigh NC 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley Registered Agent Dept_ of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-I601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Steve Lewis at (919) 733-5083, extension 539. Sincerely, Kent Wiggins Acting Supervisor Non -Discharge Compliance/Enforcement ATTACHMENTS cc: legibnai-Supervisor- wfattacFT&nts Compliance/Enforcement File Central Files w/ attachments Public Information Office w/ at STATE OF NORTH CAROLINA COUNTY OF Sampson IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Marshall G. Falatovich ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADNIINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 02-014 Having been assessed civil :penalties totaling - $6,947.14 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated _ April 4. 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment_ This the day of ADDRESS TELEPHONE SIGNATURE ,20 STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF MARSHALL G. FALATOVICH FOR MAKING AN OUTLET.TO THE WATERS OF THE STATE OF - - NORTH CAROLINA WITHOUT A PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 02-014 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Marshall G_ Falatovich owns and operates Falatovich Finishing #2, a ,swine operation located in Sampson County. B. Marshall G. Falatovich was issued Certificate of Coverage AWS820099 under General Permit AWG100000 for Falatovich Finishing #2 on September 18, 2000, effective September 18, 2000, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. C. On July 10, 2002, DWQ staff observed a discharge of wastewater at Falatovich Finishing #2 from a broken discharge pipe and a broken irrigation pipe via a storm water diversion ditch to an unnamed tributary to Gillmore Swamp, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Marshall G. Falatovich had no valid permit for the above -described activity. E. Condition No. M. 6. b. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. F. Marshall G. Falatovich failed to notify DWQ that the discharge pipe had failed or that the irrigation pipe had failed. G. The cost to the State of the enforcement procedures in this matter totaled $947.14. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Marshall G. Falatovich is a "person" within the meaning of G.S. 143-215.6A pursuant to-G.S. 143-212(4). B. The unnamed tributary to Gillmore Swamp constitutes waters of the State within the meaning of G.S_ 143-215.1 pursuant to G.S. 143-212(6). C_ The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(I), for which a permit is required by G.S. 143- 215.1. D. Marshall G. Falatovich violated Condition No. III. 6. b. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. E. Marshall G. Falatovich 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 who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. F. Marshall G. Falatovich 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 who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Marshall G. Falatovich pursuant to G.S. 143-2I5.3(a)(9) and G.S. 143B-282.I(b)(8). H. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Marshall G. Falatovich is hereby assessed a civil penalty of: $. yDd , , for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ d for Z of 2 violations of Condition No. III. 6. b. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no - - case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. $ 947.14 Enforcement costs $ y 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 or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. 03 ( ate) tent_Wigggins, Acti ervisor Non -Discharge Comp Lance and Enforcement Unit Division of Water Quality c. A*A WDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor November 4, 2002 MEMORANDUM TO: Kent Wiggins Non-Disch ar Compliance THRU: Paul Rawls Water Quah Regional Supervisor Fayetteville Regional Office FROM: Paul Sherm �� Environmenta ngineer I Fayetteville Regional Office SUBJECT: Enforcement Package Falatovich Finishing #2 Facility No. 82-99 Sampson County William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility, Thank you for your cooperation regarding this manner. if you have any further questions or need clarifieWion on any of the details, please contact me. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-0707 \ Internet! w•w•w.enrstate.nc.u,'J NR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ANIMAL OPERATION INSPEMON FORM . Date of lnspection(s): July 102002 2. Regional Office: Fayetteville, Water Quality Section 3. Name OfOwner of Property: Mr. Marshall Falatovich 4. Name of Operator: Mr. Johnny E. Falatovich 5, Address: 410 Beaver Dam_Drive Clinton NC 28328 6. Phone Number: (910) 592-8643 7. Description of Facility Location, Map excerpt attached: Farm is located 4 miles north of Clinton on east side of Highway 403. 8. Date this facility began operation: Janina 1985 9. Date of last expansion: Not applicable 10. Has the facility registered with DWQ? If yes, date of registration: Yes July 29 1993. 11. Does the facility have an approved Animal Waste Management Plan: Yes 12. Has this facility received a CAFO Designation: No 13. Type of Operation: Swine, Feeder to Finish. 14. Number and type of livestock: Designed and permitted for 3720 _h_m per cycle. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period: Twelve (12) months 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, facility was designed to utilize approximately 44'acres of land on which to apply waste. 17. Type of Waste Management System: Swine are kel2t in total confinement free stall barn with slotted floors over flushing pits. Waste is flushed as needed from floor pits into the waste lagoon system. The la oon system is composed of two 1211agoons from which waste can be pumped to the application fields via a mobile reel and spray gun system. 18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters: A dry litter poultry operation is approximately 1000 feet east of this facility. The poultry operation is also owned by Mr. Falatovich. 19. Proximity of facility to neighboring houses, wells, etc.: The nearest neighboring house and well is approximately 1250 feet north of the facility. 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown. 21. Proximity of facility to surface waters: Facility (edge of lagoon) is approximately 200 feet from surface waters (UT ofGillmore Swamp 22. Animal waste discharged: Swine Witnesses: Paul Sherman, DWQ-WO Fayetteville Regional Office (910) 486-1541 John Hasty, DWQ-WQ Fayetteville Regional Office (9101486-1541 Bob Heath, DWO^WO Fayetteville Regional Office (910) 486-1541_ 23. Are pollutants discharged in the waters of the State? YES if so, how? Waste exited the treatment system in two separate locations, a broken discharge piM north of the lagoons and a broken irrigation pipe west of the lagoons. Waste traveled from these locations into a stormwater diversion ditch adiacent to the lagoons. The wasted flowed south in the diversion ditch to a wooded area at the south end of the facility,then overland through the wooded area to a UT ofGillmore Swamp. Waste converged with the UT in three separate locations as well as an area of onded water north of the UT_ 24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? No 25. What is the degree and extent of harm to the natural resources of the State, public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters, that will cause or add to the possibility of algal blooms and accelerated eutrophication of the stream. There are no known public health issues at this time. Waste discharges of this nature may, based on comments from Dr. M.A. Mixson, North Carolina Department of Agriculture. Veterinary Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the violation? According to information provided by facility representative Brian Wells, the faulty dischaMe nine was discovered on July 6, 2002. The broken irrigation pipe was discovered on the evening of July 9, 2002 after approximately 15 minutes of irrigation. Neither the discharge pipe nor the irrigation pipe were repaired at the time of inspection on July 10, 2002. Mr. Wells informed DWG that he knew that waste had entered the storm water diversion ditch, but did not realize that it had traveled to waters of the state. ABBREVIATED SAMPLE RESULTS (all results in mg/L) Location Ammonia-N TKN Nitrate + Nitrate Total P Upstream 0,18 0.32 0.02(U) 0.04 Downstream 99 100 1.6 8.1 2T Water Quality Assessment: No observed impacts to wildlife in the receiving stream. 28. What is the cost of rectifying the damage? The cost of rectifying damage included recovering waste from the storm water diversion ditch and small pond in the wooded area and returning the waste to the lagoons. 29. What is the amount of money saved by noncompliance? None. 0 30. Was the violation committed willfully or intentionally? No, there is no evidence that the discharge was intentional. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? November 16 1998 Notice of Violation and Revocation for Nona ent. March 4, 2002, Notice of Deficiency: Failure to keep current soil and waste anal 32. What is the cost to the State for the enforcement procedures'? Photo, film and developing: S 8.00 BOD: S18.1 1/ea X 3 samples S 54.33 Coliform, Fecal: $23.40/ea X 3 samples S 70.20 Nitrate & Nitrite: $18.37/ea X 3 samples S 55.11 TKN: S 16.39/ea X 3 samples S 49.17 Total P: S 16.29/ea X 3 samples S 48.87 Mileage: S0.23/mile X 75 miles S ' 17.25 Paul Sherman @ S26.10/hr Investigation- 4.0 hrs S 104.40 Report Development- 8.0 hrs $ 208.80 John Hasty @ S 19.77/hr X 4.0 hrs (Investigation) S 79.08 Bob Heath @ S20.01/hr X 6.0 hrs (Investigation) S 120.06 Paul Rawls @ S31.87/hr X 1.0 hrs (Review) S 31.87 Central Office Review $100.00 TOTAL $ 947.14 33. Type or general nature of business: Swine. Feeder to Finish 34. What is the violator's degree of cooperation or recalcitrance? Mr. Falatovich has been very cooperative; DWQ recommendations for remediation were followed. 35. Are there any mitigating circumstances? Representatives of the facility failed to notify DWQ for any of the failures in the waste treatment system_ The broken discharge nine and broken irrieation nine ctualifv for DW notification under the facility's General Permit. Facility representatives did not fully inspect the waste treatment system after the failures and therefore failed to discover the waste discharge. DWQ was informed of the discharge by a representative of the Division of Soil and Water Conservation who discovered it during an operations review. 36. Assessment Factors: a. IWC: Unknown b. Receiving Stream: Unnamed Tributary to Gillmore Swamp, Class C,Sw c. Damage: No 37. Include a copy of any Designation letter signed by the Director. N/A 38. Recommendations Made to Owner/Operator: 1- Immediately stop flow of wastewater and recover as much as possible. 2- Take immediate action to prevent any future discharge of waste. 39. Recommendations for further DWQ Action: cr i- Notice of Violation (Forwarded July 29, 2002) 2- Enforcement Action 3- Reins ection 40. Other Comments: None a STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. DD XXXXX IN THE MATTER OF } Mr. Marshall G. Falatovich } FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF OF ANIMAL WASTE PERMIT ) CIVIL PENALTIES AWG100000 and 1 SA NCAC 2H .0217 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Alan Klimek, P.E., Director of the Division of Water Quality (DWQ), make the following: 1. FINDINGS OF FACT: A. Marshall G. Falatovich owns and operates a swine operation in Sampson County. B. Marshall G. Falatovich was issued Certificate of Coverage AWS820099 under General Permit AWG100000 for Falatovich Finishing #2 on September 18, 2000, effective September 18, 2000, with an expiration date of April 30, 2003. C. DWQ staff visited the Falatovich Finishing #2 facility on July 10, 2002 and observed a discharge of wastewater from a --broken discharge pipe and a broken irrigation pipe to a storm water diversion ditch which discharges into an unnamed tributary of Gillmore Swamp which are Class "C" waters of the State within the Cape Fear River Basin. D. The Falatovich Finishing #2 facility had no valid permit for the above -described activity. E. Condition No. I1I.6.b. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following the first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. F. The Fayetteville Regional Office had not received notification from a representative of Falatovich Finishing #2 that the discharge pipe had failed or that the irrigation pipe had failed. G. The costs to the State of the enforcement procedures in this matter totaled $947.14. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Marshall G. Falatovich is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S_ 143-215.1. C. Gillmore Swamp constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge is a violation of the nondischarge General Permit A W G 100000. E. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following the first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge violated, on two occasions, Condition No. 111.6.b. of the General Permit. F. Marshall G. Falatovich may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00)- per violation may be assessed against a person who violates or or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1 G. The State's enforcement costs in this matter may be assessed to Marshall G. Falatovich pursuant to G.S. 143-215.3(a)(9) and G.S. I4313-282.1(b)(8). H. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION. OWNER is hereby assessed a civil penalty of: $ $ 947.14 for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. for two (2) violations of Condition No. I11.6.b. of the General Permit by failing to report by telephone, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (Q Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Alan Klimek, P.E., Director Division of Water Quality Falatovich Finishing #2, Facility No. 82-99 1. Broken discharge pipe at end of house. 2. Disced area around broken discharge pipe. Falatovich Finishing #2, Facility No. 82-99 3. Disced area down grade from broken discharge pipe. 4. Disced storrnwater ditch between broken discharge pipe and broken irrigation line. ,•t�. y r�ry 3� {r. Y`r� m �, -�'"€ AC��4"y=ti � f��� - � ;} r��-J �`i •' •;� - s �� _ .: - _�...,5? �r�.•"7'- i .r .:ter r' � .f�'�r i "t;F tom'- •.• '-'ar.ry � �, ��' •�s ~ �_ti ma's '� y� _-_ '_ _ .. ���"3�"- �'��rrl:_��4� �i i_.:_ r�� _-►mot _i. g� ��` �` � s� ({F '° �s•,(� d`'c 7'7' fs•r 1e � J 7 �''s r� .:i �r �-_-i.-�" � a,•}%:. y. ;i r `4 L. •��y .'�S'- �t� -'^'•� •-cif" ._cf..+II - "!f.. t'i• s_g .r,'�i.f'•�:i it�ZT 9 F, - 1-114., �,,O. Falatovich Finishing #2, Facility No. 82-99 9. Waste entering wooded area. Down grade of picture #8. y.:: w4t }: 10. Disced area at edge of wooded area. �.. _ - .fit. S�S•-4.' � yet .t' `._ ` r• + f� •• -• ` 'L' T' �� . •�"'- *�• ;,. "ter j r: __� �� +fig;=t sue. � �,��a:'�„'�•.sa '; . � Kam, �`T•ti� J�j r �is JA •��•�� �..►✓ ,fir 'i" _ "�ir * �'�. :dy} �_� � y �- • .� _ _ •�- •. .per,-�.���et�• ' .��'. .- . • -' :�::.;: = �•`N �i—Ic ."ir 500 0 '500 1000 1500 Feet Type of Visit ® Compliance Inspection Q Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O. Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 82 Date of NINit: 7-lf#-2002 Time: 10:00 0 Not Operational 0 Below Threshold ® Permitted ® Certified U Conditionally Certified [] Registered Date Last Operated or Above Threshold: Farm Name: Fa1atayid..F1W5hivr02....................................................County: -------------------------------- FRO ---------- ..... Owner Name: Marshall-----------_-_-- Falatoy�Gh Phone No:(4J!!)59�,84�4.3--------.------------------- Mailing Address: 41Q.B.eaur.J)aate.Dxixg ................................................ .... 2,832.8 .............. Facility Contact: ........ -:Title: ................ Phone No: .................. ................... Onsite Representative: lraao lit~LISIntegrator: Coha]0'lI�F�IYgS---------------------------• Certified Operator: iabatny.E.............................. FAktQXt cb....................................... Operator Certification Number: 19.318............................ Location of Farm: rake 403 North from Clinton 4 miles. Look for co. sign on right. .r ® Swine ❑ Poultry ❑ Cattle ❑ Horse L.atifude ®• 53 48 Longitude 78 • 17 L 00 s 'Design Current ,;;. Design . Cttrrent Design Curreiut Swine Ca ci Po ulatioti ' xPoulfry: Capacity Population Cattle Capacity =Population ❑ Wean to Feeder ® Feeder to Finish 3720 Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars u-I❑ Non -I ti`umber of Lagoons , 2 ® Subsurface Drains Present ❑Lagoon Area Spray Field Area i4oidtng'-Ponds `/,Solid Traps t: F. ❑ No Liquid Waste Management System Discharu s & StreamAmpacts 1. is any discharge observed from any part of the operation? Discharge originated at: ❑ Lag ® Spray Field ®Other a, If discharge is observed, was the conveyance man-made? b- if discharge; is observed, did it reach Water of the State? (lives, notit)' DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes. notitti DWQ.) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure # Structure 5 0 Yes ❑ No ❑ Yes 0 No ® Yes ❑ No N/A ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No Structure 6 identifier: .......................... Freeboard(inches) ............1- .....:...2.6 _-._..... .......................... ......................... ............................. ..................... 0S/0.3/01 Continued Facility Number: 8Z-99 Date of Inspection 7-10-2002 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 bulFers that need maintenance/improvement? H. Is there evidence of over application? ❑ Excessive Ponding []PAN ❑ Hydraulic Overload 12. Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is ponded for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Reuuired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other 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 additiorWI problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. R.� .r — .,- „�- - nrs s}-.:� - -- v - ..- - -` 7 � �;i, - y _ sr •.'r - r_�.- r �, -p� Comments (refer to;questtoa #) Ex Iatn any YES,answers and/or any reeommeadations or any other comments '.•r-.=.,_�'`.r.3.-�� .:h. .. `-•�._,.. .. ti Use draw•tngs"of facility to`better ecplatn situations. (use additional pages as necessary): ; : , ❑ Field Copy ❑ Final Notes mergancy response due to referral from DS&WC staff. Discharge of wastewater to Waters of the State (biueline stream, UT to Gilmore Swamp). Upon arrival at the site, it was noticed that wastewater had ponded in the stormwater diversion ditch that travels on the west side of the lagoons and into the wooded area south of the facility. Wastewater was observed to have entered the wooded area and converged with the blueiine stream in three seperate locations. The downstream convergance was caused by wastewater mixing with a small pond and he overflow from the pond reaching the stream. Total discharge volume was indeterminate but was estimated to be between 1,000 and Reviewer/Inspector Name i'aul Sherman "=:.x r" Bob Heath ` ° Jahn Hasty' Reviewer/Inspector Signature: Date: U5/U.4/01 continued y � Facility Number: 82-99 Date of Inspection 7-10-2002 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 properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 110,000 gallons. More accurate totals would have to be determined using the total volume returned from the wooded area to the agoon. ie wastewater appeared to have origonated from two seperate locations on the facility. There was a broken irrigation pipe under farm road just west of the lagoons. There was also a broken discharge pipe in the ground north of the lagoons in front of the set two confinement houses. Waste from both of these areas traveled overland through the stormwater diversion ditch to the wooded ;a and into the stream. It is indeterminate as to the volume of wastewater discharged from the seperate areas. r. Wells informed us that he believed all of the discharge origonated from the broken irrigation pipe. He also informed us that the pe broke and ran for approximately 15 minutes before it was discovered. Mr. Wells did not know that the wastewater had reached e stream. We were informed that the pipe had broken during an irrigation event on the evening of July 9th and the leak in the scharge pipe was discovered on July 6th. None of these incidents were reported to DWQ within the 24 hour time period requited the facility's General Permit. e recommended to Mr. Wells that the mixture of fresh and wastewater in the small pond be pumped back to one of the facilities ;oons. We also recommended that all ponded waste be cleaned from the diversion ditch and wooded area. les were taken of the source, upsteam, and downstream. The downstream sample was taken were the overflow from the small converged with the blueline stream. v AGwA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor July 29, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mn Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT Falatovich Finishing #2 Swine Farm Permit No. AWS820099 Facility No. 82-99 Sampson County Dear Mr. Falatovich: William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 214 .0217 Permit. On July 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a referral from the Division of Soil and Water Conservation. Upon arrival at the facility, it was observed that wastewater had entered a storm water diversion ditch, on the west side of the lagoons, and flowed overland into the adjacent wooded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Gilmore Swamp. The wastewater appeared to have originated at either, or a combination of, a broken irrid'ation pipe or a clogged house discharge line. DWQ was not notified of either incident within 24 hours of first knowledge as required by the general permit. The'Division of Water Quality requests that the following item(s) be addressed: 1. Notify DWQ within 24 hours of first knowledge of any incident that involves the waste treatment and disposal system. Inspect future irrigation events at more frequent intervals to include observation of the above ground aluminum pipe. 225 GREEN STREET - SUITE 714;SYSTEL BUILDING! FAYETTEVILLE,NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 kVWW. EN STATE. NC LIS, ENE AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED,10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Falatovich 7=Z9=02 Page 2 3. Submit copies of the following: Current Waste Utilization Plan (WUP), last 12 months of IRR-2 forms, last 12 months of waste analysis, and last 12 months of freeboard levels. 4: Review Best Management Practices (BMPs) and possibly amend to include flow control structures in the stormwater diversion ditches to prevent a similar incident in the future. Failure to comply with the above condition(s) may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this 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. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This response should be received by this office on or before Au0st 16, 2002. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Paul Sherman, Environmental Engineer, at (910) 486-1541. Since [/1PS:mps/PR Paul E. Rawls Regional Water Quality Supervisor Cc Compliance Unit -Raleigh Curtis Barwick-Coharie Farms Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh Type of Visit 0 Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access [::jFa�LiIj7jNumber $Z� Darr of Visit:7-10-200Z Time: 10:00 1♦ Not Operational 0 Below Threshold ® Permitted 0 Certified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold _ _....- .... Farm Name: FalaUtyicb.Faaisbiug.#.x.................... .... .---....... County: Sampsoa.--•--•--•--•----.............. FRO.. ------ Owner Name: Marshall____Falatnrit�h Phone No:(911>d_59Z_$64�---------------------------- MailingAddress: ................................ . CliA1QjV1..NCC.......................................................... Z8,3.2.5 .............. Facility Contact: .Title: .. Phone No: ...................................... OnsiteRepresentative:llr YellSIntegrator:CvbArkf-arms._-_._:_._____.___.___-_-_-• Certified Operator: J.Qb xty..E....................... F,Ahttoxich....................................... Operator Certification Number: 193.1$............................ Location of Farm: fake 403 North from Clinton 4 miles. Look for co. sign on right. + ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 53 4$ G Longitude' F 00 a Design >Current Desi Ca act ",Po` itia6bn Poultry Ca, pa ❑ Wean to Feeder ® Feeder to Finish 3720 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ;n Current - "Design Currea �Po`ulat.oEr='- Cattle Ca"act Po ttlatlop ''. if Dairy ❑ Non -Dairy `Total Uiesign Capacity 3,720 Total SS6W: ` 502,200 dumber of I:agoons , r-- Z ®Subsurface Drains Present ❑Lagoon Area ® Spray Field Area HoldtngNPonds / Sohd Traps.w ❑ No Liquid Waste Management System " Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ® Spray Field ® Other a. If discharge is observed. was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) c. if discharge is observed. what is the estimated flow in gaflmin? d. Does discharge bypass a lagoon system? (If yes. notify D Q) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. [s storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 0 Yes ❑ No ❑ Yes 0 No ® Yes ❑ No N/A ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No Structure 6 hlentiiier: ........................... Freeboard(inches): ............�a.....-..-..-..2.b........... ....-............... - -•.-.....-... ............................... ...--•----.------ *........ OS/03/A! ('onfinuPd Facility Number: 82-99 I?:rte of Inspection 7-10-2002 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑Yes ❑ No (if any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No & Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Ayolication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge'? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 24, Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25_ Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 10 No violations or fleficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer toquest<v f#} `Explarn aQy YES ausweirs aQdlor any recommendat.ons yr sny other 5comitients -�; Use drawings o[ facthty tv;better ezplata situatfgns: (flee addthooa! pales as necessary} ElField Copy ElFinal Notes aF." .'..:.< .ia,5:-i r,- .. .. :'�,.a.'"r•vi. -- mergancy response due to referral from DS&WC staff. Discharge of wastewater to Waters of the State (blueline stream, UT to Gilmore iwamp). r )n arrival at the site, it was noticed that wastewater had ponded in the stornawater diversion ditch that travels on the west side of the )ons and into the wooded area south of the facility. Wastewater was observed to have entered the wooded area and converged with blueline stream in three seperate locations. The downstream convergance was caused by wastewater mixing with a small pond and overflow from the pond reaching the stream. Total discharge volume was indeterminate but was estimated to be between 1,000 and Reviewerflnspector Name Paul Shermap ; ; t;:4 Bob Heath 'John Hasty . Revie, erAnspector Signature: Date: Facility Number: 82-99 Date of Inspection' 7-I0-2002 Odor Issu£s 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 properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes (:1 No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 110,000 gallons. More accurate totals would have to be determined using the total volume returned from the wooded area to the e wastewater appeared to have origonated from two seperate locations on the facility. There was a broken irrigation pipe under farm road just west of the lagoons. There was also a broken discharge pipe in the ground north of the lagoons in front of the set two confinement houses_ Waste from both of these areas traveled overland through the stormwater diversion ditch to the wooded a and into the stream. It is indeterminate as to the volume of wastewater discharged from the seperate areas. r. Wells informed us that he believed all of the discharge origonated from the broken irrigation pipe. He also informed us that the )e broke and ran for approximately 15 minutes before it was discovered. Mr. Wells did not know that the wastewater had reached stream. We were informed that the pipe had broken during an irrigation event on the evening of July 9th and the leak in the ;charge pipe was discovered on July 6th. None of these incidents were reported to DWQ within the 24 hour time period required the facility's General Permit. e recommended to Mr. Wells that the mixture of fresh and wastewater in the small pond be pumped back to one of the facilities loons. We also recommended that all ponded waste be cleaned from the diversion ditch and wooded area. les %+,ere taken of the source, upsteam, and downstream. The downstream sample was taken were the overflow from the small converged with the blueline stream. v North Carolina Division of Water Quality Attn: Mr. Paul Rawls 225 Green Street Suite 714 Fayetteville, NC 28301 Dear Mr. Rawls; REMEIVED U , f August 15, 2002 In regards to your NOTICE OF VIOLATION/NOTICE OF INTENT of July 29,2002 for my swine farm, Falatovich Finishing #2 (82-99), 1 submit the following information. We hope the situation does not occur again, but in the event that is does , I will notify DWQ immediately upon discovery of such occurrence. We also will make more frequent observation of irrigation events. After your visit on Wednesday, July 10, we moved our irrigation pipe down to the pool of waste/rainwater that you discovered and immediately pumped this water into our lagoon. This was accomplished by 9.00 p.m. During the night of July 10, we received approximately 2.5 inches of rain. The following morning, Thursday July 11, we again pumped this pooled area out into our lagoon on two occasions. We have also repaired the irrigation pipe that was broken. This was done on July 11. An engineer has been contacted to do a design for underground irrigation pipe. This will reduce the likelihood of future discharges. On July 12, 1 contacted a contractor to replace the lagoon discharge pipes behind house 5A & 5B. We will use 12" pipe to, reduce the risk of blockage: This work has not yet been completed due to the unavailability of a 12" tee. We hope to have this done next week, but this will be completed within the next few days. I am enclosing, per your request, copies of the following: Current Waste Utilization Plan Last 12 months of IRR-2 forms Last 12 months of waste analyses Last 12 months of freeboard levels IF If you need further information regarding this incident, please tali me at 1 800 934-9104 daytime, or 592-8643 at night. Thank you for your attention to this matter. Sincerely, Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Report No: W08810 W Grower: Falatovich Finishing I I Copies To: ,g..w_r,R�•��°"" 410 Beaver Dam Dr. Clinton, NC 2832.8 L-2.� a E)asteAnalysisRehort Farm: _��r1 v":.4C °r ,.'•+ L, 5/20/02 Sampson County Sample Info, Laboratory Results (parts per million unless otherwise noted) Sample 1D: N P K Ca qq S Fe M17 7n Cu 0 Mo Cl C 001 Total 689 86,5 880 151 46.0 28.2 5.13 0.81 1.62 0.94 1.20 IN -N Waste Code: -NH4 ALS -NO3 No Ni Cd Pb Al Se Li pH S5 C:N DMA CCF% ACE K al Description: OR-N 206 7 Swine Lagoon Liq. Urea Recommendations: Nutrients Available for First Croo lbs/1000 gaIIons Other Elements lbs/1000 gallons Application Method N P205 K20 Ca Mg S Fe Mn In Cu a Mo Cl Na Ni Cd Ply Al ,Se Li Irrigation 2.9 1.2 7.0 0.88 0.27 0.16 0.03 T 0.01 0.01 0.01 1.7 Sample Info. Laboratory Results (parts per million unless otherwise noted) Sample 19: N P K Ca M S Fe Mn Zn Cu P Mo Ct C 002 Total 538 77.2 675 128 43.2 20.3 2.68 0.48 1.28 1 74 0,99 _ IN -N Waste Code: -NH4 ALS -NO3 Na Ni Cd Pb Al Se Li pH SS CA DM% CCE% ALE(!( al Qescription: OR-N 153 7.4 Swine Lagoon Liq. !Urea Recommendations: Nutrients Available for First Crop lbs/1000 alions Other Elements lbs/1000 gaItons Application Method N P205 K20 Ca Mg S Fe Mn Zn Cu 8 Mo Cl Na Ni Cd Pb Al Se, U Irrigation 2.2 1.0 5A 0.75 0.25 0.12 0.02 T 0.01 0.01 0.01 1.3 n NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Report No: W0614B W Grower: Falatovich Farms Copies To: Attn:Marshall Falatovich 410 Beaver Dam Dr. WIM Clinton, NC 28328 Waste Analysis Rpqiort Farm: Finish II 2/26/02 Sampson County Sample Info. Sample 1D: 001 Waste Code: AILS Description: -'Swine Lagoon Liq. Recommendations: Application Method Irrigation Sample Info. Sample ID: 002 Waste Code: AI_S Description: Swine Lagoon Liq. Recommendations: Application McUiod Irrigation Laboratory Results (parts per million unless otherwise not N I P K Ca M total 1N -N -Nl-l4 -NO3 S Fe Mn Zn Cu B Mo Ci C 659 65.6 836 172 33.0 29A 2.82 0.56 0.91 0.45 1.28 Na Ni Cd Pb At Se Li pN S5 C:N UMW CCE% ALE(Kgal) OR-N 207 1.36 Urea I Nutrients Available for First Cro 1bs/1000 gaItons Other Elements lbs/1000 allons N P205 K20 Ca Mg S Fe Mn Zn Cu B Mo Cl Na Ni Cd 11b Ai Sr, Li 2A 0.88 6.7 1.0 0,19 0.17 0.02 T 0.01 T 0.01 1.7 Laboratory results (parts per million unless otherwise noted) N P K Ca M S Fe Mn Zn Cu B Mo CI C Total 525 73.4 759 155 35.5 26.3 2.93 0.51 0.86 0.40 1.22 1N -N -NH4 -NO3 Na Ni Cd Pb At Se Li P1SS C:N DMA CUE% AIF_ Kra OR-N 186 1.2 Urea Nutrients Available for First C rop lbs/1000allons Other Elements lbs/1000 gallons N P205 K20 Ca Mg S re Mn Zn Cu B Mo Cl Na Ni Cd Pb At Sc I i 2.2 0 9B 61 0.90 0.21 0.15 0.02 T 0.01 T 0.01 1.6 A NCDA A ronomic Division 4300 Reedy Creek Ruad• Raleigh, NC .27607=6465 M 733=2655 .: Report No: W00486 W Grottier: TO: Welk, firy:ui Waste Analysis Rehort Wells, Bryan Bann: c1 405 I3caver clam Dr. Clinton, NC 28328 7/18/01 � a 1��-v � Sampson County Sample Info. Laboratory Results a tA 6cr rn lion unless otherwise noted Sample 1D. N P K MR S Fe Mn Z11 Cu B MO (.1 C COI 51 TOM/ 451 _ „Ca _ _ 164 8o4 170 104 48.1 14.0 2.97 T 7.85 5.27 1.40 IN -N Waste Code, -NII4 ALS -NO3 Na Ni Cd Pb Al Se Li PH 5'S (;:N DAM r;CO6 :1L (kQ(11) 210 7.25 Description: OR-N Swine L oon Li . Urea Recoininendati6ns: ,.:` Nutrients Avallalilesfoc`First°Crop '. =.. ... Ibs/1000_ gdllons Other Elements MONO gallons Application Method N P205 K20' Ca 3' ,. Fe .. Mn 7n ;F 04- B` MO Cl Na Ni Cd A Al Se Li Irrigation 1,9 2.2 6.4 0.99 0.61 0:28 ' O 08 a 5. O O2 t) 05`;' : 0.04t. , , 0 {}j. - 1.8 Sample Info. Laboratory Results arts per million..unless otherwise,noted Sample 1D: N P K Ca Mg S le Mn Zn Crr H C0152 Waste Code: ALS Description: Swine La goon Lit . Tolal 449 IN -N -1V114 -NQ3 OR-N Urea 131 799 183 96.8 44.9 10.8 2.31 6.27 3.01 1.34 Na Ni Gd A it/ Se Li FI SS C:N DMA CG'C3l .Ill,{X�al) 220 7.48 Recommendations: Nutrients Available for First Croy lbs/1000gallons Other Elements 1b,0000 allom Application Melbod Irrigation N PM5 K20 L9 1.8 6.4 Ca Mg S Pa Mn 1.1 0.56 0.26 0.06 0.01 bi Cu H MO LY 0.04 o.02 0.01 Na Ni Cd 1.8 Pb A/ Se Li LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG '60 I Permit Number: Farm Name: Owner: Number of Lagoons at Facility: Operator In Responsible Charge: Record freeboard plus available storaae caoacitv in feet Certificate Number: Date L.agoon # Lagoon # 2- Lagoon # Lagoon_# Date LagoonAl- Lagoon Lagoon # 'Lagoon Yz )r V), �k 4 3 M- Jt U, "410 ZZ /OF 3 3 � '€° S / _q k a t', 1 i��i{�. MT) �'�a i �- V: �j �' k� 3�7 .! ✓ a-� 11-J ;��. i _: V 1. 5- 3rI!" 33, J" i 7 Z 1 A-3 3' e-7 .2- .3/ 4- Z� C.2.2- �'3 0V�r 2'2-. CC K to jy 2�3 _3 V 3 ";2 1? — Xl'i 'Y -CZ3 Signature 0 Form 1RR-2 Lagoon Irrigation Fields Report 'FINAL REPORT FOR TFiS FIELD REPORT DATE: 8/14/2002 One Form for Each Field per Crop Cycle TRACT # # Field # ALL P1-CB FACILITY #: 82-99 Fields Size (acres) _ (A) 4.50 FARM OWNER: FA TOVICH'1(VISHsII` ���;t`r Irrigation Operator NIA w... Owner's Address 410 BEAVER DAM OR Irrigation Operator's CLINTON I NC 128328 Address Owner's Phone {111)-111-1111 Operator's Phone ## From Waste Utilization Plan F-CropBE=RMIJDAGRASS 7 Recommended PAN 3pg7 D001000 Type Loadinn tlbslacrel W {gt (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr Start Time End Time Total Minutes # of Sprinklers Flow Rate Operating Total Volume Volume per Acre Waste Analysis PAN PAN Applied _ Nitrogen Balance (3)-(2) (gallmin) (gallons) (6)x(5)x(4) (gal/acre) 71(A) (lbs11000 gal) See (9) Below (Ibslacre) (8)x(9)11000 _ (!bslacre) See (11) Below 7114/01 10:00 AM 5:00 PM 420 1 170 71,400 15,867 1.90 30.1 + 275 7/15101 1:00 PM 8:00 PM 420 1 170 71,400 15,867 1.90 30.1 + 245 HOURS LEFT TO PUMP ON ENTIRE FIELD USING THE 56.8 Or 4.74 CURRENT SAMPLE ANALYSIS AC. INIACRE 14'L,tiUU 60 `(t)NUTRIENT NEED CROP CYCLE TOTALS (•) NUTRIENT EXCESS (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11 )Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) fallowing each irrigation event. Operator's Signature 9 Form IRR-2 REPORT DATE: TRACT # f Field # Fields Size (acres) = (,A) FARM OWNER: Owner's Address 8/14/2002 Lagoon Irrigation Fields Report FINAL REPORT FOR THIS FIELD One Form for Each Field per Crop Cycle _— ALL I P2-CI3 FACILITY #:82-99 4.50 I?ALATOVICFISINi5Flll" 410 BEAVER DAM DR CLINTON I NG 28328 Owner's Phone �(111]-111-1111 Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type BERMUDAGRASS I Recommended PAN 305 Loading (lbs/acre) _ (B) 000r000 (1) (2) (3) (4) _ (5) (6) (7) (8) (9) (10) (11) Date mmldd/yr Start Time End Time Total Minutes # of Sprinklers Flow Rate Operating Total Volume Volume per Acre Waste Analysis PAN PAN Applied _ Nitrogen Balance " (3)-(2) (gallmin) (gallons) (6)x(5)x(4) (gal/acre) 71(A) (lbs11000 gal) See (9) Below (lbslacre) — (8)x(9)11000 (lbslacre} See (11) Below 7110/01 1:30 PM 8:30 PM 420 1 170 15,867 1.90 30.1 + 275 71121o1 9:00 AM 4:00 PM 420 1 170 L1,400 71,400 15,867 1.90 30.1 + 245 HOURS LEFT TO PUMP I 56.8 or 4.74 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC. INJACRE l4L,tSUU 150 '(+) NUTRIENT NEED CROP CYCLE TOTALS I 1.(-I'NUTRIENTEXCESS a (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owners Signature (11 )Enter the value received by subtracting column (10) from (8). Continue Certified Operator (Print) — subtracting column (10) from column (11) following each irrigation event, Operator's Signature 1 of 1 — Form IRR-2 Lagoon Irrigation Fields Report i:l'INAL REPORT FOR�THIS FIELD REPORT DATE: 8/14/2002 One Form for Each Field per Crop Cycle TRACT # I Field # ALL j P3-CB FACILITY #.82-99 Fields Size (acres) = (A) 4.50 FARM OWNER: FALATQIIICHiFINiSlifllr3d�skP8x1' +j Irrigation Opera(ar NIA Owner's Address 410 BEAVER DAM DR Irrigation Operator's CLINTON I NC��28328 Address Owner's Phone — -, (111) 111-1111 Operator's Phone # _-----ri__- - — - - -—� — — From Waste Utilization Plan Crop Type BERMUDAGRASS . 1 Recommended PAN i_oadinq (ibslacre) = (B) 305F OOala00 l I (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr Start Time End Time Total Minutes # of Sprinklers Flow Rate Total Volume Operating Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance (3)-(2) (gallm)n) (gallons) (6)x(5)x(4) (gallacre) 71(A) (lbs/1000 gal) See (9) Below (Ibslacre) (8)x(9)I1000 (Ibslacre) See (11) Below 4127101 3:00 PM 7:00 PM 240 1 170 40,800 9,067 1.50 13.6 + 291 4129101 11:00 AM 3:00 PM 240 1 170 40,800 — 9,067 1.50 13.6 + 278 HOURS LEFT TO PUMP r �� 7 - of 6582 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC. INJACRE 81,600 27 I4) NUTRIENT NEED CROP CYCLE TOTALS (.) NUTRIENT EXCESS h (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B), Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. operator's Signature ��- Form IRR-2 Lagoon Irrigation Fields Report [FINAL REPORT FOR THIS FIELD REPORT DATE: 8/14/2002 One Form for Each Field per Crop Cycle TRACT # / Field # _ ALL �� P4-CS 4 i FACILITY M 82-99 Fields Size (acres) = (A) 4.50 �- FARM OWNER; FALAT_OVIChI FINI$fi Ill, F,�3 �k irrigation Operator NIA ------ -__- - -~- Owner's Address 410 BEAVER DAM DR - Irrigation Operator's- CLINTON I NC 128328 Address Owner's Phone (111)-111-1111 Operator's Phone # — From Waste Utilization Plan BERMLIDAGRASS Recommended PAN 3Q5 OQQIOOQ Crap Type Lnariirrn llhslarrP1 = rR1 (1) Date mmlddlyr - (2) Start Time --� (3) End Time (4) Total Minutes (5) # of Sprinklers Operating (6) (7) Flow Rate Total Volume (8) Volume per Acre (9) Waste Analysis PAN (10) PAN Applied {11) Nitrogen Balance (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gal/acre) 71(A) (lbsl1000 gat) See(9)Below (lbs/acre) (8)x(9)11000 �(fbs/acre) See (11) Below 4/20101 _ 10:00 AM 2:00 PM 240 1 170 40,800 9,067 1.30 11.8 + 293 ^4121/01 —4122101 - B:00 AM 12.00 PM 240 �240 1 170 40,800 9,067 1.30 11.8 + 281 11:00 AM -5:00 3:00 PM 1 170 40,600 9,067 -- --- 1.30 11.8 -+ 270 -- 4123/01 PM 9:00 PM 240 1 170 40,800 — 9,067 1,30 11.8 + 258 _ _.— HOURS LEFT TO PUMP — 87.5 Or 7.30 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC.INIACRE 1 b3,1UU 47 '(.-) NUTRIENT NEED CROP CYCLE TOTALS (-) NUTRIENT EXCESS 0 (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature Form IRR-2 REPORT DATE: TRACT # I Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address 8/14/2002 ALL_j P1 RO 4.50 FA!E2YIChi, INkSHEII, Fu ll q i � ;t " w 410 BEAVER DAM DR CLINTON NC 128328 Owner's Phone �(111} 111-1111 Lagoon Irrigation Fields Report lNAL„REPORT FOR THIS FIELq One Form for Each Field per Crop Cycle FACILITY #:82-99 Irrigation Operator NIA Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crap Type RYE OVERSEED Recommended PAN 50 000/000 .. I Loading (lbslacrel = (Bl 0) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr Stab Time End Time Total Minutes # of Sprinklers Operating Flow Rate Total Volume Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gallacre) 71(A) (Ibs11000 gal) See (9) Below (lbs/acre) (8)x(9)11000 (lbslacre) See (11) Below 1116J01 10:00 AM 12:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 38 1117101 9:00 AM —AM 11:45 AM w 165 1 170 28,050 6,233 1.90, 4 _ 11.8 — +---26--- 1/10/02 9.0 0 11:45 AM 165 1 170 28,050 6.233 1.90 11.8 + 14 1/15/02 1:00 PM 3:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 3 HOURS LEFT TO PUMP O.fi Or O.D5 ON ENTIRE FIEL91 USING THE CURRENT SAMPLE ANALYSIS AC. IN.IACRE 112,2UU 47 NUTRIENT NFF❑ CROP CYCLE TOTALS I NUTRIENTEXCESS (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (11)Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. b Owner's Signature Certified Operator (Print) —___- Operator's Signature 1of1 Form IRR-2 Lagoon Irrigation Fields Report ;FINAL REPORT FOR THIS FIELD REPORT DATE: 8/14/2002 One Form for Each Field per Crop Cycle TRACT # 1 Field # ALLT _ P2-RO FACILITY #: 82-99 Fields Size (acres) = (A) FARM OWNER: FALATOVICFi..FINISFf,II""�^ ` ' "' Irrigation Operator N1A Owner's Address 1410 BEAVER DAM DR irrigation Operator's CLINTON NC 28328 Address Owner's Phone — ^_ {111)�111-1 i 11 _ Operator's Phone From Waste Utilization Plan Crop Type RYE OVERSEED Recommended PAN 50 000/000 Loadino flbslacre} (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mm/ddlyr Start Time End Time Total Minutes # of Sprinklers Operating Flow Rate Total Volume (gal/min) (gallons) (6)x{5)x(4) Volume per Acre (gal/acre) 7/(A) Waste Analysis PAN (lbs/1000 gal) See(9)Below PAN Applied (lbs/acre) (8)x(9)/1000 Nitrogen Balance ` _ (lbslacre) See (11) Below 11/10/01 1:00 PM 3:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 38 11/12/01 1/16102 v1:00 PM 145 PM 165 1 170 28,050 — 28,OSQ� 6,233 1,90 11.8 + 26 - - 2:00 PM 4:45 PM ^ 165 1 _ 170 6,233 T 1.90 11.8--- 1/17/02 1:00 PM 145 PM 165 — --1 170 28,050 6,233 1.90 11.8 + 3 HOURS LEFT TO PUMP �.S II Ur 0.05 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC, INJACRE I I2,2UU 41 {*] NUTRIENT NEED CROP CYCLE TOTALS ]-] NUTRIENT EXCESS 0 (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event. Operator's Signature 1 of 1 Form IRR-2 REPORT DATE: TRACT # 1 Field 4 Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Crop Type Lagoon Irrigation Fields Report FINAL REPORT FOR THIS FIELi7 8/14/2002 One Form for Each Field per Crop Cycle ALL -- —1— �P3-RO FACILITY M 62-99 4.50 — -- — — AfJ#TOVICti FINISHal1i�'�6 �, h Irrigation Operator NIA 10 BEAVER DAM DR Irrigation Operator's :LINTON ----" NC 28328 Address 111)-111-1111 I Operator's Phone # From Waste Utilization Plan — _ — RYE OVERSEED l Recommended PAN F-50 0001000 I Loadino (Ibslacre) = fBl -T (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr Start Time End Time Total ' Minutes _ # of Sprinklers` Operating Flow Rate Total Volume Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance (3)-(2) (gal/min) (gallons) (6)x(5)x(4) (gal/acre) 7/(A) (lbs11000 gal) See (9) Below (Ibslacre) (8)x(9)11000 — (Ibslacre) See (11) Below 11/14/01 . 10:00 AM 12:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 38 1111fi101 1:o0 PM 3:45 PM 165 1 170 28.050 6,233 1.90 11.8 + 26 212102 10:00 AM 12:45 PM 165 1 170 28,050 6,233 1.90 11.8 + 14 214102 11:00 AM 1 1:45 PM 165 1 170 28,050 6,233 1.90 11.8 -- --+...a HOURS LEFT TO PUMP -- 6 Or 0.05 ON ENTIRE FIELD USING THE CURRENT SAMPLE ANALYSIS AC. iNJACRE 112,200 47 'I -)NUTRIENT NEED CROP CYCLE TOTALS (-) NUTRIENT EXCESS O (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) --.._..._---- -- --- subtracting column (10) from column (11) following each irrigation event. Operator's Signature 1ofi Farm IRR-2 REPORT DATE: TRACT # 1 Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone Crop Type Lagoon Irrigation Fields Report FiNAI._REPORL FOR THIS FIELD__ 8/14/2002 One Form for Each Field per Crop Cycle ALL _ J_ P4-RO FACILITY #: 82-99 FAIATOVlCHFINISN !I? `# Irrigation Operator NIA 410 BEAVER DAM DR Irrigation Operator's CLINTON NCy 28328 Address (111 }-111-1111 Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 0001000 Loading flbslacrel = [81 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date mmlddlyr Start Time End Time Total Minutes (3)-(2) # of Sprinklers Operating Flow Rate Total Volume (gallmin) (gallons) (6)x(5)x(4) Volume per Acre (gal/acre) 7/(A) Waste Analysis PAN (lbs11000 gal) See (9) Below PAN Applied (lbslacre) (8)x(9)/1000 Nilrogen Balance - ~ (lbslacre) See (11) Below 11/20/01 9:00 AM 11:45 AM 165 1 170 28.050 6.233 1.90 11.8 + 38 11/21/01 Y --2R/02 8:00 AM 10:45 AM 165 1 170 28,050 6,233 1.90 11.8 — + 26 -- - - - 11:00 AM 1:45 PM 165 1 170 28.050 6,233 1.90 11.8 --+ 14 2/8102 9:00 AM 11:45 AM 165 1 170 28,050 6,233 1.90 11.8 + 3 HOURS LEFT TO PUMP I ON ENTIRE FIELD USING THE 0.67 Or 0.05 CURRENT SAMPLE ANALYSIS AC. IWACRE 11'L,2UU 47 '(4)NUT RIENTNEEII CROP CYCLE TOTALS (-) NUTRSENT EXCESS 2 (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value received by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) from column (11) following each irrigation event, Operator's Signature 1 of 1 ' Form IRR-2 Lagoon Irrigation Fields Report �..��,_�.......W...-_..�_��-_..._�...........,-�-� �1 REPORT DATE: 8/15/2002 One Form for Each Field per Crop Cycle TRACT # f Field # — '—ALL = P1-CB FACILITY #: 62-99 Fiefds Size (acres) = (A) �— 4.38 FARM OWNER: FALATQVICHEF�I R1111i�,�" �krl; -,fix f, MOO Irrigation Operator Owner's Address 410 BEAVER DAM DR Irrigation Operator's CLINTON NC 28328 Address Owner's Phone (111)-111-1111.^ I _ Operator's Phone #— _ — From Waste Utilization Plan BERMUDAGRASS Recommended PAN — 325 0001000 rn Cro type p Loading {Ibslacre) _ {B) � (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 0 1) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN ' (gallmin) (gallons) (gallacre) (Ibs11000 gal) (Ibslacre) _ (Ibslacre) (3)-(2) (6)x(5)x(4) 71(A) See(D)Below (8)x(9)0000 See (11) Below 5112102 9:00 AM 4:00 PM 420 1 100 42.000 9,589 2.20 21.1 + 304 5116102 9:00 AM 420 ........ 4:00 PM — .... 1 — 100—42,000 9,589 —2.20 21.1 + 283 815102 10:00 AM 5:00 PM 420 1 100 42,000 9,589 2.90 -- 27.8 IF 255 HOURS LEFT TO PUMP I__ 64.2 or r3 24 C� 126,000 CROP CYCLE TOTALS 70 't+t NUTRIENT NEED ON ENTIRE FIELD USING THE __) (.I NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (11)Enter the value recieved by subtracting column (10) From (B). Continue subtracting column (10) form column (11) following each irrigation eve ti Owner's Signature Certified Operator (Print) -- — --- ---___ Operator's Signature 1of1 Form IRR-2 REPORT DATE: 8/15/2002 TRACT # I Field # ALL Fields Size (acres) = (A) FARM OWNER: FALk FQ1IICk1'I Lagoon Irrigation Fields Report One Form for Each Field per Crop Cycle W--_� -- P2-CB FACILITY M 82-99 3.98 Irrigation Operator Owner's Address 410 BEAVER DAM DR Irrigation Operator's- CLINTON NC 128328 Address Owner's Phone (111)-111-1111 Operator's Phone # From Waste Utilization Plan Crop type BERMUDAGRASS Recommended PAN E_oadino (lbslacrel = ft31 325 � 000/000 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) _ Date -Start _ End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlrldlyr Time Time Minutes Operating per Acre PAN (gallmin) (gallons) (gallacre) (lbs11000 gal) (lbslacre) (lbslacre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)/1000 See (11) Below 5/13102 11:00 AM 6:00 PM 420 1 100 42,000 10,553 2.20 23.2 + 302 5117/02 1:00 PM 8:00 PM 420�— — 1 --- -- 100 42,000 _ 10,553 2.20 23.2 + 279 718102 8:30 AM 3:30 PM 420 1 100 42,000 10,553 - 2.90 30.6 + 248 719102 9:00 AM 4:00 PM — 420 - 1 100 42,000 10,553 2.90 30.6 + 217 HOURS LEFT TO PUMP - ' ON ENTIRE FIELD USING THE I_ 49.7—F or [ 2.76 CURRENT SAMPLE ANALYSIS AC, IN.lACRE 16t3,000 1 Ut7 '(-) NUTRIENT NEEU CROP CYCLE TOTALS •(-)NUTRIENTExcESS R (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value recieved by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) form column (11) following each irrigation eve Operator's Signature 1 of 1 Form IRR-2 REPORT DATE: 8/15/2002 TRACT # 1 Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Irrigation Operator NIA �—��--�--�------___..___._�.•-_._ -..-� Irrigation Operator's _ Address Owner's Phone —Y-- -� (111)-111-1111 L-- Operator's Phone # From Waste Utilization Plan _ Crop Type BERMUDAGRA$$ Recommended PAN 325 f 0001000 _ Y I I ondinn flhs/arrel fBS I Lagoon Irrigation Fields Report �M.,w,�""..""_r.�...,..w.._..._..,�,.....�,...__....__.w_ .._.-� One Farm for Each Field per Crop Cycle ALL J_ P3-CT-B_ I FACILITY #:82-99 3.98 F�ALAT41lICHi�INIS zll''�j°��ist�zl���.'' 410 BEAVER DAM DR CLINTON�T NC 128328 Date Start End--- —Total mmlddlyr Time Time Minutes (3)-(2) 5/14102 5118102 - 712M2 7/3102 W 719/02 9:00 AM 10:00 AM 8:00 AM �9:00 AMv 6:00 PM 4:00 PM 5A0 PM 420 420 3:00 PM 4:00 PM 420 420 W 45 6:45 PM HOURS LEFT TO PUMP 64.8 or [- ON ENTIRE FIELD USING THE . _ CURRENT SAMPLE ANALYSIS AC. IN.IACRE (5) (6) (7) (8) # of Sprinklers Flow Rate Total Volume Volume Operating per Acre (gallmin) (gallons) (gal/acre) (6)x(5)x(4) 71(A) 1 100 42,000 10,553 1 100 42,000� T10,553 1 100 42,000 10,553 1 100 42,000 10,553 1 100 4,500 1,131 172.500 (9) NGDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section (11)Enier the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve (9) (10) (11) Waste Analysis PAN Applied Nitrogen Balance PAN _ (Ibs/1000 gal) (Ibslacre) (Ibslacre) See (9) Below (8)x(9)/1000 See (11) Below 2.90 30.6 + 294 2.90 T 30.6 + 264 - 2.20 23.2 + 241 �- 2.20 23.2 _ + 217 --- 2.20 -- — 2.5 - -- + --215 110 '(t) NUTRIENT NEED CROP CYCLE TOTALS •r-I NUTRIENT EXCESS Owner's Signature Certified Operator (Print) Operator's Signature 0 1of1 Form IRR-2 Lagoon Irrigation Fields Report i� REPORT DATE: 8/15/2002 One Form for Each Field per Crop Cycle TRACT # I Field # __— _ALLP4-CB FACILITY #:82-99 Fields Size (acres) = (A) 3.89 FARM OWNER: V,% Irrigation Operator NIA i Owner's Address 410 BEAVER DAM DR Irrigation Operator's CLINTON -- L NC 128328 1 Address - - --- ---- - - - _ Owner's Phone (111)-111-1111 Operator's Phone # From Waste Utilization Plan BERMUDAGRASS Recommended PAN 325 0001000 Crop Type - Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Dale Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance Inlnlddlyr Time Time Minutes Operating per Acre PAN ' (gat/min) (gallons) (gallacre) (lbs/1000 gal) (lbslacre) (lbs/acre)- (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9u1000 See (11) Below 5115102 10:00 AM 5:00 PM 420 1 100 42,000 10,797 2.90 31.3 + 294 5119102 11:00 AM 6:00 PM 420 1 100 42,000 10,797 — 2.90 31.3 + 262 7I1102 10:00 AM 5:00 PM 420 1 100 42,OOD 10,797 2.20 23.8 + 239 7I2102 9:00 AM 4A0 PM 420 1 100 42,000 10,797 2,20 23.8 + 215 HOURS LEFT TO PUMP -63.3 Or EE 3.6D 168,000 110 l*i NUTRIENT NEED ON ENTIRE FIELD USING THE L-_.____I CROP CYCLE TOTALS J'(.I NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INIACRE a (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section Owner's Signature (11)Enter the value recieved by subtracting column (10) from (B). Continue Certified Operator (Print) - - subtracting column (10) form column (11) following each irrigation eve Operator's Signature �� - - WASTE UTILIZATION PLAN Coharie Hog Farm Friday, June 16, 2000 Producer : MARSHALL FALATOVICH Farm Name: Falatovich Finishing #2 410 Beaver Dam Drive Clinton,NC 28328 Telephone # : (910) 592-8643 Type of Operation: Feeder to Finish swine Number of Animals: 3720 hogs design capacity Application Method: irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and avaiaiable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste ark not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 of 9 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 3720 hogs X 1.9 tons wastelhogslyear = 7068 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 3720 hogs X 2.3 Ibs PAN/hogs/year = 8556 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and suface application. TABLE I : ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LB5 AW COMM ACRES LBS AW APPLIC. DETERMINING PHASE CODE NIACRE NIACRE USED TIME 6703 3 INORFOLK 0-2% BH j 6.5E 3251 0; 16.23 5274.75 MAR-OCT 6703 3 INORFOLK 0-2% SG 1 501 01 16.23 811.5 SEP-MAY f 6703 3.1 INORFOLK 0-2% C I 110I 117.71 01 15.48 18221, MAR-JUN 6703 3.1 1NORFOLK. 0-2% I ss 33 132j 01 15.48 2043.361APR-SEP 15 6703 3.1 INORFOLK 0-2% _ 1 W I 601 144I 01 15.48 2229.121 SEP-APR TOTALS: 9133.49 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation NOTE_ The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. V Page 2 of 9 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) There are no Acres Leased Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding. **Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP UNITS LBS N/UNIT IC CORN j BUSHELS 1.25 j BH j HYBRID BERMUDAGRASS-HAY TONS 50 SG j SMALL GRAIN OVERSEEDE❑ AC j 50 jSB j SOYBEANS BUSHELS 4 j I Y° j WHEAT_ _ BUSHELS . j 2.4 v Page 3 of 9 TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED tTABLE 1 31.71 9,133 I TOTALS: 1 31.71 i 9,133 1 AMOUNT OF N PRODUCED: 8,556 — BALANCE -577 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced, Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1376.4 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water_ APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5.92 months. In no instance should the volume of waste being stored in your structure be within 1.6 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsiblity of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. The folloffing table is provided as a guide for establishing application rates and amounts. APPLICATION APPLICATION TRACT FIELD SOIL TYPE CROP RATE (inlhr) AIVIT (inches) !16703 •3.1 NORFOLK 0-2% W 0,50 '1 16703 NORFOLK 0-2% SG 0.50 '1 6703 ':.t NORFOLK 0-2% se 0.50 '1 6701 3 '1.1 INORFOLK 0-2% c o.50 ��`1 6703 3 NORFOLK 0-2%.� * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied_ In many situations, the application amount shown cannot be applied because the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Page 4 of 9 NARRATIVE OF OPERATION Acreages are based on a wettable acre determination compieted,on 12-3-01. Producer has option to rotate cucumbers an a small portion of the row crop acreage. Apply no more than 75 Ibs. of nitrogen BEFORE planting. No applications should be made after the crop emerges. Cr Page 5of9 PLANS & SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance.) *7. 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 conditions conducive to odor or flies and to provide uniformity of application. a 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. 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. 10. Waste nutrients shall not be applied -in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: the outer perimeter of the land area onto which waste is applied from a lagoon that is a comoonent of a swine farm shall be at least 50 feet from anv residential ❑rcoerty boundary Page 6of9 and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those owned by the landownwer. 14. Waste shall be applied in a manner not to reach other property and public right - of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. *16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. *17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. *18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. *19. Waste handling structures, piping, pumps, reels, etc.. should be inspected on a regular' basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied as a preemergence with no other applications of animal waste during the crop season. *21. Nighty visibie markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume fpr waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels, pH shall be adjusted for optimum crop production amd maintained. Soii and waste analysis records shall be kept for five (5) years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. Page 7 of 9 23. ❑ead animals will be disposed of in a manner that meets North Carolina Department of Agriculture regulations. * Liquid Systems v Page 8 of 9 NAME OF FARM: Falatovich Finishing #2 OWNER / MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance precedures estalished in the approved animal waste utilization plan for the farm named above. 1 (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. I (we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: MARSHALL FALATOVICH SIGNATURE:/ DATE: NAME OF MANAGER (if different from owner): please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Curtis Barwick AFFILIATION: Coharie Hog Farm ADDRESS (AGENCY): 300 Westover Rd. + Clinton, NC 28328 10) 2-1 2 SIGNATURE: �Iv DATE: y - d d Page 9 of 9 ` ..'r�-,�,� �, :.y• h: �,.: .1,_1',•��,. "ail 'l��,i' � ,:r's 1 `7� - _�j[' , � '_!t_f,� �j�' .�� �+ 1, CJ �) �. �'1 �,ZlM- � - +. �q ' y ,r�1 it' + ��`'• �., t� r ° r� � � l.. • y 1' ? f7,T.►� r ��� f rfr�� �?� � �'���F ; �4��,� �`' Cyr � � �!� ��, :ir-'f.�;�,. .� NO 17 r . ! y1l�ie' _.j 1� i- a r "i-T•^�j�• r� r � f i 1'1 �' IF qS •-t_���,�til' � `h� � ,,::,� '�; r``i•'L*��?P�rr�i �..,��''ir ,�,r, ��: '�. r �, �,.•���=;• a/ Rr� f....,il'� Ef ��i 'l� "4 _'+7•� %.ri . ,�C) L a, '``�. - �-� ' ty •�, • 1 � . - ',•:. 'INN--1 � � � ' ew j � r SQ+{;�{ (. ""ti..�. 1 + {��ft+; C _TI 9 f Y J •h , 11 Q r C(("_ ` 1 �All _`, .� S ., , �'! • ''�. S + .! '�� �••: ►''� t,��',�Firi 1�ffi` "'-,-•. '1 r ,r 1� �� � �� y (fit f�16r,, w'Y'•F : S f, C j r� � . � •r, � "�� iu� •ck yr. If •.�'..a, j{�.1f/ �P ` 0. {,2io•..�� 1 { L 1A 1 /+•�`�7 ]' sy`y'�c, pp � A `'�. f4f ` - .47'rr .M'.':; 4i i ,r r, t4 .v� ,i.., • pt�� J !:. - -t1{', j .., .r :'�'f;i1 { :M.t , �:'! .. 1 Insect Control Checklist for Animal Operations 111111'slo�"uutrullnsccIs Sile.5tu:rilik' 1'acrires Litluid Systems I lai lI (ItItI Is ; {cclmmI,tli,tn,ll,Si0icIs ✓f FILIsh syslcnl is designed and opcaatcd suflicieolly to remove accumulated solids Burn gullcrs as designed. r!'( Remove bridling oraccllmlllaled solids m discharge 1 IV;Mlai, .Llhl fits t'Iusled Solids fZY Ivlaintaiu lagoons, Selllimg kisims antl pits w1wic w---- —"--- _—_�.. It"( breeding is apparent In o1i1linti7,C the untying ofsulids to a (ICpth Of 110 1110110 Ihalt 0 - li inches Over more Ih;m 31)% of surface, t �i,nttla 1 I., ,I':I:. 0 Fccil Spilkwl c AccuamdariOns of fecal icsiclit" Cr ialainlain vegoative conool along banks of — lagoons nod olker impoundments If) prevenl :tcctlnluiaiiuu of decaying vegetative Inatler ah>tll; walcr's cdgr, On inrpnrlll(ln1C11VS 11e1 iratctcl. llry Systems Resign, Opceale ;Intl ulnintain reed syslc:nis hunkers alld troughs) In minimile the iWCO nulaliun Ofdcc:lying waslagc: Clcan up spillage on a rouline basis (c.l;., 7 - 10 day imerval duriml; summer; 15-30 day inlcival dmimu winlcr), kcillice 111nislllle accunmlati,in wilhin and nrortnd imillulialc lied inacler ol• Icc d slnr:+r"c area; by insmiaat; d11-611agc away Bunt sift aril/air providing aalcilmitc enallainrtrt:nl te.g., covered bin for hrewcl's grain alld !similar 161,11 moislure l;r:rill lnndnClsj. lnspcci for Aril l cmove Or break up ;wcOnualawd soli,ls in tiller strips ammid k-,al slairal"L! ns needed. Ar.', 1-1.1c'LAIJIWI I1, 1996, Ingo, I Insect Control Checklist for Animal Operations ill,l, 1 ilrlt,:l , - :11:enuullillion of solids I ,il.u�ui:..,Ilil 1'il•. _-------�----falrlcll.`�,Ilills`-- . C1.i t,It l\'G�'ll)'11iI' Vel',clilllllll I ilul\111 HKII's In (Chit ul lusccls IIlllt syslCllls-�-----------------_---- Pf Flush systeol is dcsigrtell doll nlll:lawd --- -~ - suflicieully to renlvc accuolulalcd solids flnnl � .,/ I;Illlel's as designed. I'.7 14colove bridging of accL IIIIIIatcd suli+ls ;It lhS[;llillf;e Y Maintain lagoons, sctlling basins wid Mils where --- IWA bleeding; is 11ll►afC111 In lrtininliVC Ills clINing of Solids to a depill of oo wnle dam It inches over more luau all of' slll Dace. - fY Maintain vccel'alive coltirnl along h,urks „1' ----- - higoons and outer iullniundulents Ill Ilicvclll accunitdilliou nl'decayinl; veg;elalive Inalier along, willel's edge on impotnuhliclWS Ilel iluciu•r. I cd- I I'C,.,I :i1ldk.11;e ------_----- I�CSII;11, olllaillC Mill Inililllilill feed SySIC111S jL: L., I)IIId:CI'S and nuol;hs) lit millinlize the accnnudalilul ofdccaying; waslag;c. (Acau Ills spillage on it Iotllinc basis (/ .1;., 7 - 10 (hy interval during; silolowr; IS -all day iulcival Iluriol; winicr). AI:cullmhlil,ns, lffccd lesidnes I(Muce Illoislllle a cCl1It111latioll wilhin and iuonnll inlntctliate Ileliun:ler of feed slur;lg!c areas by insnling; lhaowg c. ilway liorll 101,: root/ur IrrovidillU adelgnalo: Corllainnlenl Coveted hilt for brew,:l's grain aull simil;n 161;15 Illoisllne grain Illodlicts). Inspect lilr and lcinove or bleak uIl ;11'.Cn111111.11CII solids ill filler sirigls aroluuf food Slolagc ;Is needed, Nile .Npci ilir Prilclirrs A t. 1 1„': rrollrl 11, I'I�lh, I'.Ihc 1 Swine farm Waste Management Odor Cc,.Ilitrol Cheddist Cause 11hi1's In 1lifilhuicc 011rll- Sill; Slit:cilic Pi acticcs I .liln:a� ,il tit+ills µrniluclit, ICY Vegelalive tar wooded I,Ilff't:rs; Recimillicilde+i Best Illi,lt,agellienl llraclices: 1,f cloo l lilf1gment alld CnIIIIII011 scrkst: r�t�It�L�I I„i�l}' :11117+'�5 • I )Illy IIl;1nll,C-(a)VCIell n[llnYalti ~n7-I ) ry i111{1T5 11.„n .ui I.,, I, 1V,:t itl;rihill t;-curcicil Il,:;;rs ��Shille+l Ilnnrs; Wall:rers lonietl over slolletl lloors; n Feeders at align curl of solid Iluolsi 0 Scialic illafturc huilcloll frnm flaw;; G1'^Eind�c+llnnr vcnlilalinn f+1r+Irp.inl; h l.tlltllc-ull,:, Bull I'll:, 0 111 illc.: .. I'Ic'1l (IC111 111 ill It ll C rCI1111Va1 h}' IlIS) l, l,il ILT ill- e, • I'.ttlial microbial +Iccolltl,nsilir,Il or scrape; n I hlilel111110i' Ve111ilatiml, �',:n111.itli,lt ,:xliasl-,l I.,lis • Vc,I;,lilc L I�t:S; kill In;iIIIICiGIl1CC; )U:'1 R 1:flicio:nl air Illovellicill In.l����i :,nt 1.,� �:•. -----------�- I )IISI A W•,slulr,tivli li{,twc{:u l;ruulis of altinrlis; fl Feed i,tllliliv{ s; n V:cedCr131VL'f5; EE—ifs/I:Cell delivery+lriwiullmit exlendcls I+i fr:r:din covers - i 1il:.11 n-I;lI;llllSll 11i-rC(:}`CILti 1;11;O1111 Cl I'lllsh till,l: CIIVCr5; — —~~�.-----'-----------------._--.-----` liqui,l ,':Mile Iml1 .5 ale Titling n rxicio rill lilies lrl twitr iltN1mn 1,nimi, xvilll .1116-silihotl VCllls I lu',I, .,Ilr,^. • Al;ililtit,ll 11116111; 1vn51C%VSl{:I, n 1hiticiOtior Iliisli with o„ Jcrllt,or vt:[ttilalimi (I,it:.lil4,14ir111L:I ICI11i111 • tit IStII,.IIUII klL cS Cttiiveyance Agilalimi of recycled lagmin litluiol while pits are lillilig Al;ilaliolt tluliol; sunili 1;Ink— lilliol; allot +Ir;rw+lown Ahilalimi dk6ol; Wil'itC1V;YICI cluiveyallce Aid( I{: - 1lu�r:uilica l 1, I�)'Jn rage J n I:xlelld lccllilrge lines 10 near hult,nn ul'llils with anli-siithun veills Cl tillll,ll ti4111: CfiVCl5 ------------_--..--._— —^ rl Him covers xwx� �*w�.o\�� ||. |ov6. |`oXc4 |^n^w/ umvcyoxc� h�'vx�|kp/|J|��d ---_- _----�__--_ |��n.m/ux{°.�^` ° v..umxCu uxuo*x�� - - - -' - -' __-__- w; / �8om�myxooyxco}� ° Uio�`K�o| x`ixi�: �&^-Cmr�� hKoonn�/ xpprocc hxm� ° ��iu/i.w r�/ ioi/mxxmo,�cnu/u�1o~vohxoxro/i''� CJ�� ��ioimmn nAk�km wkox [xmo�h�&� [� Mc6moi:x| ucm|ioo' Fl |'n*m��o��ho|n|Ji'ivc� - - - ' -__�-_--- |./i�.oi^m ,|viv|.�r " ||x��|vc^^mx/,�xm*»� _-- _ __-------'_--._---- �� |mQouou^hy.k�xvmo� Nm'v/mwmo� w``^k� ° Y/im|/Nk ' � oycmhxx|xx�omc� �� Hoo|'hxokuxox6eom'|� x�|uvN/cc� - O |`mxp0mxovmw�moXuh�mo ' _-_.�-_._-_ :".ur' u.J� "/ �.m/ ~ |�uxo|m/cw*m^c�omyvumm� _-__-�-_�_�__�-�--_'_,_�_---__-_ i� mw.m�"rmw|vvc| xxxm/K� ux/..`/ ° �ii^�u� w\/i� |�UixC� [� 1�x� cov'm� ~ A»i/o�ioo ,J*o u^ymyi»� [1 |\mh` uu�.cc/ow�o[m\kb� [l �'"wco hiNo��o| mNi/irxsor^xidax/x -_ - _-___-' ��"xho.�|..i./uoh.�^ � \�mummmxu|ouuvopmmw� ---' __--_'_-- -'--_'_ [� |�x|,o'�'onmy/yxmmu�mxmoomxmym\ ° Wuh/Cwhi� 6U�`�� �vu\� ° ��i/ui'mw|m/ uo|^y��' [] Kmovvxmx�J m.UJ�n�o|u/iy _ �--��___�-__ __�__� -__-------'_--_� u.mmx.Ju./ym J^^�; ° ��"�mo"n�usynxom�: (.; xoUxgcuvx^o|xm/gv�^x�u� �|./^^|c/ "oUn� ° Vob1i|� yo� m/ismbvo [? \�u h m,iJxu| /o:mwc 0nm qxm'|uohcrmc� [}� yh`vuo|�o|oK�o|�Nivru�oroxi'|xou - _--__-._-' |wu`^:/u| o^umu' ~ -_-_� Y'.|oN��x»mm��xv'yw|"|o _-'_ _--__-__---_--' _-- [l Soi| i/��uxmo|��x/ybkx�xy �|m//mdv.h�"^ /icQ J/Yi/'U [� Soi|iocoq�onoi�mvviUJo1Uhm�� uxu.,, [] 8|`nu�J ioU`ixooi6voo |iynx �.r*|`�iJ/nxc [l |inwu�i�o|o:�x|o'kU(iv,�orouiJwo� _ --'-_-___ |,u.|.^omx|'. ~ _____'-__'__- �uca�^//,compumm, �r ,v1��xoposx"mm,m;oxuc" - _ --_-_---__-_'-'_-_- |�.^|axm"|.|ip"`^� ~ ��u'^��`|'n""|xm*m -___-_--_-__--__--__-__--_�__--'-'_____ �x � x|,mxcovx/mXm c:uouc�mmmx/|xu� p/� PY^ Pm|ur|wcx|im�oxom/uiuuo[.|iqvxx�|.im _----_---__-_------___---_--_-__ - ' -�-_---_____-__-____ |u. o",..m/� ~ h.wm|`|c�cmo|oumv` . [] Sxc `w:/,yuoc: mmwu xwx� �*w�.o\�� ||. |ov6. |`oXc4 sm" cc Cause INFIN I painimize Silu specific. h-arlives j 0 13, (113w. dI oinage; (irade arid landscape such fliat ilvaier dr;dsis a Hicunbial dqoIllpositioll of awily floon 11"Icifilies organic Inallo IN"" ly 1"ah"aWnw! accuss [nail- , ,4;u-nk access road Inainlellance 611C 11" 1.1., .1111 Fic(IIIIAIMP Pack-cl hildlit.1iml 1:;11411 Pillcmial (Mor-Sources and Iteincilics ; FBAE Facl Slicel MY I - IIAE ti v,- I I I c Ill 4 lilt it. 1 i(In FilLilily I'Amiluc Manill"oncill: Pil Rucilarge - Lagoon' I•reatnu:nl ; FIIAF 128-88 H G!; I I - HAI: Kwiuc Nithaik"t 1060y Khmito hlo"agernivid: I Indedlamw Fhmh - Upon Ticalniml ; FAIAH 129-88 NCSI I - IIA F .)L.,illm hc;igll ;loll I'm Liveslock- NhinureTrealinent and Stmage ; HIAF' 1(11-83 FICS1 I - I IA F Colilli'llioll of t'Llimic ;lIld WOOCIlVaICL Application F(IlLilAntAll. ; EMAE Fact Nlivo HCSI I - I I A I i 'Mill 4AH111, (11101S ILOIII S%ViIIC 111614hilgS ; 1411-33 1 - Swine F)xIcnsitm I ii% ii,mmcm-al A:,m"wilodhoymn ; fWPC khmull HC Volk hoducris Assoc I opli.-ils lilt NI'millbig Wor ; a lepnit I - rom 111C Swine Odor bask Force 14CMI At-6 Ctimmunications I ( :(MiAAW. in Allilll;ll KLIMIft, KIallagCJlLL!I%t: Odms and Flies ; PROM, 1995 12nuilkwace PIOLCCdjngFlol ida ( 'onperalivc Fxlt,u-;iim Mortality Management Methods oroun 1. °':..... �u_'L c1 �: .�.�.�i 1.� i��- ..Jac. .. _ .. v�,. li .J in iht case ci pcui: ...":'\' -;: p\, the ure = mak' pc5sicit the J[ 72r. c[ z e Z%: ..;1ima., S O EMERGENCY ACTION PLAN S 4yCD 5a, z - 71 3 ?N"RCS 55.2-7;� l; ,,j^ ✓t .- 1' ;e. Y o t to tr m r^� r� ea' x f i.:5 is �s k._ - -- .i� ..:::�: _....:�.:.`: �'�.a: t:'1? :�'?5 ..S O: � L,tlr {}�...3t?Oil 2. l.. �?iz, overic'-wi lg, or r-....ning or: Sit_. You should not writ until wastes rcacii SU:72= v.'aters Or leave vour p7cpt—v to consider &.a- you h—av� a vroblern. You should make every e on to ensure wart t:- ji noes not'r1 n+s plarl5hould be aosted i1�I an ac_cssible 3otion for all emaiovets at the acility. ht foilowli::r are some action ite:rs you Should take. :. Sto? the rClerse of wast�s. 17eoendin a or., tilt simatIen, this may or may not by 70-Csimie. �:_?e5:e_ :eSp0t1st5tO 50:i1e possible probler nS an= listed btlow. Os510it Solutions art: -k La. .�1dd soil -..- t= io inc�tas� tieva—Lion. o: dam. b. i '.':::.J wa5:es to 1lelds, a: ar, aO:ep able c. Sl'�a_�I .lo.�.' zoo t-.-lt I_aaCI'1 Il::.'l1e.11aLe1y d. Call a V .,-a -:or. , C. mak;. iL•rt no Sur 2= watt.- is enItrinz lazoon. 3: Ru7,0" o-1 ;vstt a v"ic_tion Livid -actions include: a ir;,-�eniatelt° stop wrist= _-nviication. b. Crealt a e mpera.7 diversion to contain waste. C. Y:^,coif v^i2tp 25t: to rtduct —Lanoil. d. F-,.alt:zte and el;—minatt tilt rt scn(s) that caused the runoff. tee.e rile a_piication arcs for me itlds where ;ono:: ocd. C: Lt-- ar- .:Or- ,h1 waste 713eS and, Include: b. CiC) ... 2i?oil -D D. c. Cicst va?vts to ell =te iLr ne' e1SCil :- =1:�rl01 :o iesi a.T�1r:c 7L:: .D5 D: 07" :i3u-sts, :v11C sC^:-atD= _'rtln IrjCILdCz: 'QL's� ::'u5i] ;'ss=S. Oi 50.1d r2tOs'c .__emner 18, 1956 :5 ^: to r_s:-a`tinz t)u:"�s. —: T :;c . oast% or si0t,,wa 1 o- iacoor:. C3i:_n :h-;5 is s�e�a?e =5 G''OOseo i^ c Di _ 5r: all S - Gr C itC.. 2 av rr,Grr; file i dunlz enz is ....=r: c!! sve"a' -, zu:.r a k to ia2acn. -_ iv1t5 u: C=L'S'C ov 0'= o++:I Q c7! a!S, i'?D of ;C.:�O�'C a:ll.:,'_!S '�ilLt r°L rvoC so��. C. c-v?�551oi,�' C'val .atC-u`le co:1dition c, i � SiC:� '-2115 2=:C lazocn Oa5 Soon as t7o5sit7:-. '}.-'-ssess uht txte::t ai uht swill and' note anv obvious da:.:_-ses. a. Did 1-it was:c reach ---iv su':ia=e waters? b. ? LZr4x ..._teiv flaw :?such k'a5 _eleasct and for wi,_: r2u-ation? c. Any Ciar:,ase noted, such as e^olover iniur , Iis h kills, or props.—Lv damage? d. Did the s_611 leave tn- vrovcr v? e e e p C r t- ct DG S t:'1 S i!1 r:a'� t:l �atential t^ rC3_.fi 5L.si?.._. f. Could a =�.t1ra r?'n C�'ert C3L'Se tnC spill to rea:-h sur:a�e 'w rP' � a._.s. g. (--idler or: or off, of the fro-pe'iV)) :nucn reached, sun aCC ,waters? . ... Co - mac: a- hours, Call VOUT DWQ Division of Y+'ater Qu2.Iln.) rtzicna: o f1Ce. Phone - - At, i'i0u:5. C.iler?CilCV nu:nbe 919-/33-592, ti' ` cal', i d r ---'e - cliff ele a the arm is 1 Dl.r Of,On C I SiioL1�. include: �'ou r:: ::..., i8 .tV, t,....t)hOn ni:rnl?..:, Ci_.....L Of the incid_ni from, item, ? above, the exact location of the facility, the Iocation or dir--C:Io of, . verncnt the :'{ weather a21d wind conditions. he C - ive n Tio of i 57 ti 1 Oi'r,.Ct;: r:7es5L're5 that have bite-, ui;Qer ``.dell, and the seriousntss oft: —it: situation. b_ iI Spill lezvcs prLpe:.J or enters sun -act watmr5,.call local EMS Phone nuinilG: - c. Listrict H--MS to contact local riealtzi De a Ment, d. Contavt Cis, phone_ number - - , local SWCD office phone number and local NP.CS oft1CC for advictltechmical assist.Znce 0hone number - - I; none a= tale above Works c:11 91 1 or u,e Sheriff's Depar`.--1ent any ex --lain your problem Lo thc4m and that person, to contact the proper agencies for you. 5- Contact i'_ C.^i7::aCtar of voli'r Crloice to br5:in repo=r Of Drotilem. t0 i:1^.1ri:iZC Gi'-51tC - b. trc:t_.�- c_ C�.Itre De__:r.ber 1 S. 11396 6: Ccntact tht technical specialist .,ho =ni?icd the lagoon (NRCS, Consulting Engineer, e1c.) �. a. Marne: u.T,S b_ Phone:-�S a �r r h k -901�(y — — 7: lrnplernent procedures as aavised btu DWQ and technica3 zssistance ag-encies to rt of", Lhe narnasc, p the �' r d ss the Wasit manage m la': L repair ll 5_ Siern, and r 2..5� ine P 3 0 l;e4p profllc*t:s c�'tti relez;c of vva5tes from hap pening again. a Deccm- ber is. 1996 XH Notification of Wastewater Spill in Sampson County House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations industries and others who operate waste handling systems issue news releases when a waste spill of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following new release has been prepared and issued to media in the -affected county (ies): The Falatovich Finishing #2 nog farm of Clinton had a wastewater spill July 9, 2002 of an estimated 3,000 gallons from an irrigation pipe. The partially treated wastewater spilled into an unnamed tributary that flows to Gilmore Swamp in the Cape Fear River Basin. Falatovich Finishing took immediate corrective action and returned approximately 75% of the spilled waste back to their waste lagoon and notified the Division of Water Quality. (The Division of Water Quality is reviewing the matter.) For information contact Falatovich Finishing at 910-592-8634 D �U- July 12, 2002 North Carolina Division of Water Quality Attn: Mr. Robert Heath 225 Green Street Suite 714 Fayetteville, NC 28301 Dear Mr. Heath; In regards to your inspection of our facility, Falatovich Finishing #2 (82-99), on Wednesday, July 10, 2002, 1 submit the following information. On Tuesday, July 9"' at 6:00 p.m. we began irrigating in our coastal Bermuda field adjacent to our lagoons on this farm. After beginning irrigation, my employee, Bryan Wells, left to check my other facility. Upon his return at approximately 6:45 p.m., he discovered that the irrigation pipe under the road had broken and waste was running into the diversion between the lagoon and the farm path. We knew that the Soil & Water inspector was coming the following day so I did not call this in to DWQ. The discharge occurred between 6:00 and 6,45, but we feel that this waste discharge lasted less than 45 minutes in duration. The previous Saturday, July 6, 2002, my employee arrived at the farm and discovered a leak coming from the lagoon discharge pipe located behind houses 5A & 5B. This was caused by a ;;lockage in the pipe. The flush tanks were cut off and the waste was contained behind the houses and in the diversion between the lagoon and farm path. We did not see any waste leaving the farm and going into the woods, although it is possible that some may have entered the woods and the stream during the night of the fifth of July. We are uncertain as to this. After your visit on Wednesday, we moved our irrigation pipe down to the pool of waste/rainwater that you discovered and immediately pumped this water into our lagoon. This was accomplished by 9:00 p.m. During the night of July 10, we received approximately 2.5 inches of rain. The following morning, Thursday July 11, we again pumped this pooled area out into our lagoon on two occasions. We have also repaired the irrigation pipe that was broken. This was done on July 11. On July 12, 1 contacted a contractor to replace the lagoon discharge pipes behind house 5A & 5B. We will use 12" pipe to reduce the risk of blockage. We hope to have this done next week, but this will be completed within 30 days. If you need further information regarding this incident, please call me at 1 800 934-9104 daytime, or 592-8643 at night. Thank you for your attention to this matter. Sincerely, Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28328 07/ 12a 2002 16: 32 9105928224 COHARIE PAGE. 01 a E wf 1 1= 1i �• To: Robert Heath -? From: Marshall Falatovich i Fax: 910486-0707 1 Pages: 2 Phone: Date: 7112102 Re: CC: 0 urgent ❑ Far RUVISW oft3imecommm ❑ PWgW R,oW ci Pk=w idoyclo a 07/12!2002 16:32 9105920224 COMARIE PACE 02 July`:12, 2002 3 North Carolina` Division of Water Quality Attn: Mr. Robert Heath 225 Green Street Suite 714 Fayetteville, NC 28301 Dear Mr. Heath; In regards to your inspection of our facility, Falatovich Finishing #2 ( 82-99), on 1 if ._ ; ` '�Z .may:.; 10, 2002, 1 submit the following information- On Tuesday, July 9*' at 6:00 p.rMt%" began` irrigating in our coastal Bermuda field adjacent to our lagoons on this farm. 4006";=bCpinrtitig irrigation, my employee, Bryan Wells, left to check my other facility. Upon l is _ irM. approximately 6:45 ' - ` pp y p-m., he discovered that the irrigation pipe under the road had l�olaen and waste was running into the diversion between the lagoon and the farm path. We knew that the Soil & Water inspector was coming the following day so I did not call this In to OWO. The discharge occurred between 6:00 and 6:45, but we feel that this waste discharge lasted less than 45 minutes in duration. The previous Saturday, July 6, 2002, my employee arrived at the farm and discovered a leak coming frc.rn the lagoon discharge pipe located behind houses 5A & 58. This was caused by a :lockage in the pipe. The flush tanks were cut off and the, ce was contained behind the houses and in the diversion between the lagoon and farm path. We did riot see any waste leaving the farm and going into the woods, although it is possible Nlt-so" may: have entered the woods and the stream during the night of the fifth of July. We to this. After your visit on Wednesday, we moved our irrigation pipe down to the pool of wa�ra�r. that you -discovered. and immediately pumped this water into our lagoon. This was ae�hid by 9A0 p.m. During 'the night of July..10, we received appro)amately 2.5 Inches of rain. The following morning, Thursday July 11, we again pumped this pooled area out into our lagoon on two occasions. We have also repaired, the irrigation pipe that was broken. This was done on July 11. On July 12, 1 contacted a contractor to replace the lagoon discharge pipes behind house 5A & 513. We will use 12' pipe to reduce the risk of blockage. We hope to have this done next week, but this will be completed within 30 days. v If you, need. further information regarding this incident, please call me at daytime, .or 592-5643.at night. Thank you for your attention to this matter. Sincerely, Mr. Marshall Falatovich 410 Beaver Dam Drive Clinton, NC 28318 800>. .0104 . -4- `� 3. ' N f 45.8 844 WN: I 733 �. r.y£,. f, : 67 INDEXE0 , N s -900 i 16.24 A ►r3i 9 s6a0588 ea fl 7 3525 x '3471'k 6106 41 �i#pD 3 y�Y t (8.68A) 4959 - C.- •fir•;.•.' ' " up f. 34:6tarz? 5088 ,k gC 3 MSS ..G4G:4- Report to: _ �iC b r l]r�Q WATER QUALITY SECTION Page of NC DENRIDWQ LABORATORY (check one): CHAIN OF CUSTODY (COC) RECORD / (1'J CENTRAI, I I ARO [I WaRO For lavestigation of: f `A Lv/ - — , , v s .e Sample collector (print name) and DM -I forms completed by: R4,1 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 sou G 7110 d_ j Z= S__0 2- 2- 12'YS' 2 W /Z = Tv 2 Relin uished ign urc): Date Time c -v by (sign prfee : at Time ` Relinquished by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment (circle one): rate Courier Hand -delivered Federal Express UPS Other: Security Type and Conditions: Sealed by: Brok b INTRALABORATORY CHAIN OF CUSTODY - Lab Use Only LAB NUMBERS FRO.k4 T14ROUGH NUMBER BOTTLES ANALYSES REQTJESTED RELNQUISHED BY. RECEIVED BY: DATE TIME QMFommslSamplc ReceivinglCOC form WQ 41I 1$ps� i DIVISION OR WATER QUALITY Chemistry laboratory Report / Water Quality COUNTY SAMPSON' PRIORITY RIVIR BASIN: AMBIENT O QA REPORT TO FRO'. Regional Office COMPLIANCE CHAIN OF CUSTODY Other : EMERGENCY VISIT ID COLLECTOR(S) : 3 HASTY SAhjPLE TYPE STREAM %� EFFLUENT LAKE rNFLUENT ESTUARY 2 Lab Number 2W4629 Date Received: 7/ 11 /2002 Time Received : 9:30 AM Received By DS �N� d: �0HI AR Date Reported: 7/24/2002 FAtlmalad DOD Raag: Matlop location: UPSTREAM - FAI AI'OVICII DISCI[ARGE Sad: Chlorinated: Remarks: Stan" / Date Bron W/mm/dd) Date End L"Ifamidd) Time Bnlo Tlme Fad Depth - DM, DR, DBM Value Type- A, It, L Campnite-T, S, B Sample Type 42 • UPSTREAM 20020710 1245 X ROD ] 10 2.2 G5 m 1, COD High 340 m /L COD Low 33S m L Collform: MP Fecal 31616 / 100m1 Coliform: MFTout 31504 - /100mi Coliform: tube Fool M615 / I00ml Collform: Fecal Syg, 31673 / 100ml Residue Total 500 m /L Volatile505 m L Fixed 510 m /L Residue: Su 530 m /L Volatile 535 m /L Fixed $40 m L H 403 uoils Acidity to pit 4.5 436 m L Acidity to pit 8.3 435 m L Alkalinity to PH 9,3 415 m L Alkalinity to pH 4.5 410 m /1, TOC 680 m /L Turbidi 76 NTU Coliform Total Tube "/100 ml$ COMMINTS : Chloride 940 m L Chl a: Tri 32217 u L Chl a: Corr 32209 u L P n a 32213 u L Color: True ✓stl C,u, Color: (pli 83 PH. C.U. Color: PH 7A 82 C.U. cyanide 720 m /L Fluoride 951 m L Formaldehyde 71880 m L Grease and Oils556 m L Hardness Total900 m L Specific Cond, 95 umhos/cm2 MBAS39M m L Phenols 32730 u /L Sulfate 945 m L Sulfide 745 m /L Boron Tannin & Lignin u 1, Ilexavalew Chromium u /l- Ricarbnnate m 1. Carbonic m L X I N113asN610 0.18 TV L X TKN an N 625 0.32 m /L X NO2 plus NO] as N 630. .- 0.02U m /L X P: Total as P 665 M04 m L PO4 as P 70507 m L P; Dissolved as P 666 m /L K-Potassium m /L Cd• Cadmium 1027 u /L Cr-Chmmium:Toral 1034 u /L Cu- Co ar 1042 u /L Ni-Nickel 1067 us/L Pb-Lead 1051 u /L Zn- Zinc 1092 u /L IV -Vanadium u /I. A - Silver 1077 u /L Al -Aluminum 1105 u /L Re- Beryllium 1012 u /L Ca- Calcium 916 m /L Co. Cobalt 1037 u /L Fe- Iron 1045 a /L L)-Lithium 1132 u /L Mg- Maesium927 m L Mn-Man rise 1055 u /L Na- Sodium 929 m 1. Amnic:Total 1002 u /L Se- Selenium 1147 u /L 1{ - Mercury 71900 u /L Ba_Barium u L Organochlorine Pesticides OWntiphosphrinis Pesticides Acid Herbicides Base/Neu[ra1&Acid Ex[ranable Or nits TPH Diesel Range Purgeable Or nica OA bottle r 'd TPII Gasoline Range TPH/BTEX Gasoline Range Phyloplankrnn For Lab Use ONLY iJ1Vt,tU14 U1- L•NVIHONMENTAL MANAGEMENT WATER UA D-L FORM (DM1) COUNTY PRIORITY , SAMPLE TYPE RIVER B SIN F`�[11' []AMBIENTQAO ❑ ❑ ® REPORT TO: ARR0 MRO RRO WaRO WIRO WSRO TS STREAM EFFLUENT AT RM ❑COMPLIANCE ❑ LAKE ❑ INFLUENT Other CHAIN OF CUSTODY 11 Shipped by; us Cour Staff, Other EMERGENCY ESTUARY Lab-Number:a W Date Received: Time: Reed by: [t15 I From: Bu Cour[e and Del DATA ENTRY BY: CK: DATE REPORTED: COLLECTOR(S): Estimated ROD Ran e: 0.5 -25 25-65/40-130 or 100 plus STATION LOCATION, �`{tLC (t�rcitn -_ -- Seed: Yes ❑ Noo Chlorinated: Yes ❑ No Y REMARKS: Station # `` rr Date Begin (yy/mm/dd) Time Begin Date End Time nd Depth DM DB DBM Value Type Composile u Semple Ty e S�fQcam Oo� O% %o % .'US O% lO 1.1%5n A H L T S B C T G14XX E• 1 RODS 310 mg/1 2 COD High 340 Mgt] 3 COD Low 335 mg/I 4 Collform; MF Fecal 31616 /loom[ 5 Colliorm: MF Total 31504 /lbomi 6 Collform: Tube Fecal 31615 /100ml 7 Collform: Fecal Strap 31673 /loom] g Residue: Total 500 mg/l 9 Volatile 505 mg/i 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 mg/I 16 Acidity to PH 8.3 435 mg/1 17 Alkalinity -to pH 8.3 415 mg/1 18 Alkalinity to pH 4.5 410 mg/l 19 TOC 680 mg/l 20 Turbidity 16 NTU Chloride 940 mg/l Chi a: TO 32217 ug/i Chi a: Corr 32209 ug/I Pheophylln a 32213 ugl[ Color: True 80 Pt -Co Color:(PH ) 83 ADM] Color; pH 7.6 82 ADM[ Cyanide 720 mg/1 Fluoride951 mg/1 Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/I Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/1 Phenols 32730 ug/I Sulfate 945 mgA Sulfide 745 mg/l NH3 as N 610 mg/1 TKN as N 625 mg/f NO2 plus NO3 as N 630 109/1 P: Total as P 665 mg/I PO4 as P 70507 mgA R Dissolved as P 666 mgA CdCadmium 1027 ug/i CrChtomium:Total1034 USA CuCopper 1042 us/1 NI -Nickel 1067 ugA Pb-Lead 1051 u0/1 Zn-Zinc 1092 ug/I Ag Ilver 1077 ug/I AI -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/] Ca -Calcium 916 m9A Co -Cobalt 1037 ug/i Fe -Iron 1045 ugA L]-Lithium 1132 ugA Mg-Magneslum 927 moo Mn-Manganese 1055 ug/1 NaSodlum 929 mg/1 Arsenlc:Total 1002 ug/1 Se -Selenium 1147 ug/1 Hg-Mercury, 71900 ugA Organochlorine Pesticides Orgmroplwspharvs Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point 11 Conductance at 25 C Water Temperature 10 D.O. mgA pH Alkalinity Acidity Air Temperature IC) PH 8.3 pH 4.5 pH t.5 pH 6.3 2 94 10 300 • 400 1& 822" 431 82243 182242 20 Salinity X Precipltion (In/day) Cloud Cover X Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/FI Mean Stream Depth ft. Stream Width It. 480 45 132 36 1351 1350 S5 64 4 DMI/Revised 10/86 DIVIS10N Oh WATER QUALITY Chnnlslry I.aburalnn Rrymri I Water fyuallly wn SAMI'LE_1.Yk'.G VIWN-1v SAKIVS( IN I,RltAlIY RIVER BASIN: � AMRIENT � t1A � S'IREAM M IT11.111:N1' RF.PORT'10 : FRO Regional Office COMPLIANCE 0 CHAIN OFCUS1ODY LAKE INFLUENT ()Iher , EMERGI:NCY VIS1-I' III IS7 VARY _ CIILI.EC'lOR(S) : 3 IIAS-I'Y F 3 Lat, Ntiodwr : 2 W4630 Vale Received : 7/ 11/2i1112 'I'in,r Recriw'd : 9:30 AM Received Ily VS s Dala Released : AR Date Repulsed: 8/6/2002 Egilmaled 11011) Ran=e: Sialfun'l,ocarinn: DOWNSTRIiAM • FALA10VICIf DISCHARGE Seed: Chlorinated: Remarks: Sn11nn It Date Begin (}plmmldd) pare kind ()I lmmldd) 'I line Begin 'I Lme End lsrplh - 0M. IK DRM Value 1'1Pe -A, 11, 1, Campaaltrl'. S, B Sample ly�pe 1r3 • [>OWNSTREAM 200207t0 1245 S L1017310 72G5 m /L COD II; h 340 In/L COD tow 335 n, /L Culiform: MF Fecal 31616 / I00ml Culiform: NIP Total 31501 / l oom] Colirarm: tube 1'ecal 31615 / 1001s11 Culiform: Fecal Stiep 31673 / 100mi Residue: Total 500 m /L Volatile505 m /I. Fixed 510 m /L. Residue: Sus nded 530 m / I. Hxcd 510 Itillil, II 4113 ullils Acidit • ur pi1 4.5 436 m /l. Acidit to pL1A,3435 mg/L. Alkalinit to H9.3413 mg/ 1, Alkalinity to pl14.5410 n1 /I. TOC 690 m / 1. 'turbidity 76 NFU Cu]iform'I'ou]'I'uhe -/t(tt mis C11dla1 t!r%IS ; Chloride940 m /L Chl a:'1 ri 32217 u /l. Ct,l a: Carr 32209 up/I. Pheo h tina 32213 u /L Color: True 90 c.u. Color:{ II) 93 pliz C.U. Color; piI 7,6 92 c.u. C anide )20 m /L Fluoride951 m /I, Fotmaldch do 711190 m /L Create and Oils 516 m /L Ilaldnrss 'Ini,tl'hh1 in/I. ti at'IRc 121111d. YS uIllhot/cm2 WAS39261) m /I. 1'llenols 32730 a ,/l. Sullate945 mg/L. Sulfide 745 nl /L Boron Tannin& Li nin u /L IlexavalentChromium a /L It;caibona[e mg/I. Calbonale nl /1- .-... X NH3 as N 610 99 n1 /L X TKN an N 625 100 ills/L. X NO2 plus NO3 as N 630 ).6 rn /L X 11:1otalas11665 8.1 mil. PO4 as V 70507 rn /L P: Vissulvedas 11666 nl /L K-Potassium m /L Cd.Cadmium 1027 u /L Cl-ChlonliumAolat 1034 u /l. Cu• Copper HM2 a /L Ni-Nickel 1067 11 1 rad 1051 Y-Vanadium jig/I. n - S4vrc 1011 a ;/ L AI -Aluminum 1105 u /L Be. Beryllium 1012 u /l, Ca- Calcium 916 m /L Ca, Cobalt 1037 u /L Fe- Iron 1045 us/I. l.t-t.;rhium 1132 u /i. Mr.. Magnesium 927 n1 /I. Mn-Man anrsc 1055 a /L Na- Sodium 929 m /L Arsenic:Total 10112 u 1L Sc-Selenium 1147 u /). II - Mermry 71900 u /L Ita_Rarium u /L Organuchlodric Pesticides OiSanophosphorus Pesticides Arid Ilrihicidrs Rase/NcwralRAcid 1;alactablc Or nics 'I I'll Diesel Range Pur able Organics (VOA bottle re 'd) 'I I'll Gasoline Range I't'H/SFEX Gasoline Range Ph to lankron 1 I r AUGI4;. utv,6lkjN Ui- ENVIHONMENTAL MANAGEMENT WATER UA LAB FORM (DM1) COUNTY �%-kcn PRIORITY SAMPLE TYPE 9 RIVER BASIN CQ nr Pew— ❑AMBIENT 11EPORT TO-. ARO O HO RHO WaRO W)RO WSHO TS ❑ QA ❑STREAM ®EFFLUENT AT BM ❑COMPLIANCE ® CIIAIN ❑ LAKE ❑ INFLUENT Other ❑ 5hlpped hy: us Courlst Stall, Other EMERGENCY OF CUSTODY ❑ ESTUARY COLLECTORIS): f . 5, 3, j^I^e.�4 Estimated BOD Range- 0-5/5-25/25-65/40-130 or OBI 0 lug Seed: Yea ❑ No{& Chlorinated: Yes ❑ No F= 1_ah I]— ONLY Lab Number: W Date Received.• U*2 Time.. Rec'd by- From: Bus- Doris Iland Del DATA ENTRY BY: CK: DATE REPORTED: STATION LOCATION: Dow r) S-� J'Yclfrl E RMARKS.. �•� ......�G...I .����t Station t Datr Begin (yy//mm/dd) Tlme ilegln — Ocit-orN rec.M O ��1' 1 �U �.J.r-�r1 [late End �i7 C'-% I() Time End ld rjV Depth DM DO DBM Value Type A it 1. Composite T 5 R Sample Ty e C GNXX 1 2 3 rr 6 7 S 9 10 1 I 12 13 14 15 16 ' 17 18 19 20 �{ I ` BUDS 3l0 mg/I Chloride 940 mg/1 X K X NH3 as N 510 mg/1 Li -Lithium 1132 ug/I COD Illgh 340 mg/I Chi a: Trl 32217 ug/l TKN as N 625 mg/I Mfl-Magnemium 927 mg/I COD Low 335 mg/1 Chi a: Corr 32209 ug/1 NO2 plus NO3 ns N 630 mg/I Mn-Manganese 1055 ug/1 Colllorm: MF Fecal 31616 /100ml Colltnrrn: MF Total 31504 /100m1 Pheophytin n 32213 ug/I Cnlnr; 'Prue 8V F't-Cn P: Toinl na P 61'rra mg/I Nn-Sadlum 929 unit/1 1104 nitF' 70507 mg/i Arsenkc:Totel 1002 ug/I Cnllform: Tnlhe Fecal 31615 /100rn1 Colur:(141 ► 83 ADMI P: Dissolved as 1' 666 mg/I Se -Selenium 1147 ug/I Collform: Fecal Strep 31673 /1001tt1 Color: pit 7.6 82 ADMT 119-Mercury 71900 ug/I Residue: Total 500 mg/I Cyanide 720 mg/I CdCadmlum 1027 ug/1 OTganochlorine Pesticides Volatile 505 mg/I Fluoride951 mg/I CrChromluFrTotal1034 u9A OrganophospllorusPesticides Fixed 510 mg/I Formaldehyde 71880 mg/I Cu-Copper 1042 ug/I Residue: Suspended 530 1"9/1 Grease and Oils 556 mg/1 NI -Nickel 1067 ug/t Acid Ilerbklden Volatile 535 rag/I Ifardness Total goo mg/I Pb-Lead IDS) ug/l Fixed 540 mg/1— Specific Cond. 95 uMhos/cm2 Zn-Zlnc 1092 ug/I Base/ Neutral Extractable Organics pit 403 units MRAS 38260 mg/I Acid Extractable Organics Acidity to p1I 4.5 436 lug/I Phenols 32730 ug/I Ag-Sliver 1071 ug/I Acidity to pi'l 8.3 435 Ing/I Sulfate 945 mitA AI -Aluminum 1105 ug/1 Purgeable Organics (VOA battle reg'd) Alkalinity to pH 8.3 415 mg/) Sulfide 745 mg/I Re -Beryllium 1012 ug/1 Alkalinity to pit 4.5 410 mg/1 Ca -Calcium 916 rrrg/1 TOC 680 mg/1 Co Cobalt 1037 IF Turbidity 76 NTU Fe -Iron 1045 ug/( Phytoplankton Sampling Point % Conductance at 25 C aler Temperature 0 D.O. mgA 141 � Alkalinity Acidity Air Temperature (C) plf 83 pll 4.5 pH 4.5 pit 8.3 A 2 94 10 300 1 400 1 82244 431 82243 182242 20 Sallnlly % Preclpllinn On/day) Cloud Cnver % Wind Dlrrctlrrn 0)eg) Stream Flow Sevetlty Turbidlty Severlty Wind Velocity MAI can Stream Depth It. Stream Wklth ft. 480 45 32 136 11351 1350 135 64 14 DM1/Aevised 10/86 i«. ut,tvtt VNYQ Ctiemistry Laboratory Report to: �r �1Z� Sample Anomaly Report (SAR) Lab Number Sample ID: Station Location: _�riq�-�;lcer� County:Region: FRS (_ -ample Type: 1�1(�_ - -- PriorityCollector. ?.`;h(nr-mGr% $ HcaAis Date collected: } I i D I O? Datereceived: 1 I I c72- Date analyzed: Affected Parameter(s)._- Analytical Area (check one): ❑ WCH ❑ tETALS ❑ NUT Er MICRO The following anomalies occurred (cheep all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with hcadspace ❑ Samples not received, but listed on feldshect ❑ Samples received, but not listed on fcldshcet ❑ Nfislabeled as to tests, presc. natives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ InsufFcient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out ofrange (record pH): - ❑ Improper chemical ❑ Rcsidual chlorine present in sccolc ❑ Colorinterferenee ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ OUter (specify): Corrective Action: ❑ VOA ❑ PEST ❑ SVOA El" Quality Control ❑ Instrument failure - no r-portable results ❑ Analyst error - no repo.-ble results ❑ Surogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ Noneaddcd ❑ Recovery outside acceptance limit/ ❑ Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination 2'-QC data reported outsidt' of controls (Le. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally medifi:d with QA and Branch Head approval ❑ Invalid instrurnent calibr_ticn ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: Date: I / ❑ Accepted and analyzed after, notifying the collector or contact person and deer -mining that another sample could not be secured. ❑ Sample(s) on hold until:-- 0- Sample reported with qualification. Data qualification cod: used: r, ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: j` �� �n� (} Date: / Fom completed by: 1 \�*�I�Lt� + � Dal-: �---- Lc2d Chemist Review (' ilia!): —tOCHF.14= ❑ PEEST ❑ SVOA :.TALS ❑ VOA Bench Head Review (initial . Q,afQC Review (initi ): Logged into database by (initial): Q •+.+F omu �L+eun mr f S A R DIVISION OF ►VAITR QUALITY Chrits arry 1.rlwr gran Itepm l / 1Varrt QnstMy w� SAML'Lli,a'YI'li COWIN SAMPSON RIVER IiA$IN: PRORI'1'Y. ❑ AMRIF.N'T � QA � SI'R I?AM � I'll;171.UI7N'1' REPIIRTIU FRO RcgionaIOffice 0 COMPLIANCE FX-1 CHAINOFCUSIODY � LAKE � INFI.UIiNT rllhrr : ❑ EMERGENCY VisiVit) ESTUARY ('011 :C'IOR(S) : 3 IIAS'TY I 1 LabNumlv's 2W4629 Darr. Received : 711 1 /2M2 11811e Received: 9:30 A ki Rtxxivcd By 115 Lfv, Data ArIcated AR FlairRepo, ied (l/6/2002 Esrlmarrd 1100 Ranfr: stano,d LucaRvn: SOURCE - FAI.AIOV1C11 DISCIIAROF. setd: Chlminsicd: Nnnsrks: Sullnn N Uafe licAln (yy7snmldd) Miss find tyylmm/dd) '1lme HeRln Time Find Ilrpth - im, till, i)n.m Valk T) pr - A, 11, L CampuMro- r, S. n sample'r) pe N 1 • SOURCE 20029710 12.15 X I 110D3to 210 G5 m /L CODIti h340 m /L COO Ww 335 rn /l. Cchform: MF Fecal31616 /100m1 Colifmm. ME focal 31304 / 100m1 Colirorm: tube Fecal 31613 / 100m1 ColifosncFecal Str 31673 /100m1 Residue: 'Fotal50D m /L Volasile 505 m /l. Fixed 510 m /t. Residue: Suspended 5341 m /L VolalilcSJ3 m it, Fixed 540 In/I. 11403 u nits Aridity 10011 C5 436 m /l. Acidity io pita.3435 m /l. Alkalini ro I I S.3 415 m L Alkalinity ro pli4.5410 mg/ L IOC6a0 mg/I. I'urbidn 76 N'TU Coliformfocal'Vubc "/100 mis CI111f ENls: Chlaride 940 Mg/ 1. Chi a: 'I ii 32217 UB1.11 Chi a: Corr 32209 u /L Pheo h tinaR2i3 u /L Cator. True a0 C.U. Color; (pit 83 pit= C.U. Color: pit 7A 92 C.U. C aside 720 .811, Fluoride 951 m Iit, Formaldehyde 71830 m /L (;scale and Oils 556 In / I. Ilaidness Tnlal9fM! SpecirwCond.95 umLos/cm2 MRAS 39260 m 1. Phenols 32730 u /l. Sulfate 945 m /l. Sulfide 745 m /L Damn Fannin&Li nin us/[. Ilexavalenl Chromium u /l. 11icarbonase nijill. Carhnnalr m ,/1. x N113 as N 610 540 m /l. x I'KN an N 625 570 n1 /l. x NO2 plus NO3 as N 630 0,06 ns /l. x P: Total as P 665 79 m /l. PO4 as P 70507 m /L P: Dissolved as P 666 m /L K-Potassium m /t- Cd-Cadmium 1027 u /L Cr-C11(orrliar11;101aI1034 u /1. Cu. Co r t042 a /l. NkNickel 1067 us/ 1. 1%, Isad 1051 u /L 7.n- Zinc 1092 u /l. V-Vanadium u L A-Silvei 1077 u /I. AI-Al"Ininum II05 u /L Be- Ise Ilium 1012 u /L Ca. Calcium 916 m /l, Co-Coball 1937 u /1. Fc• lion 1045 a /I- Li -Lithium 1132 u /L Mg- Magnesium 927 m /L Mn-Manganese 1055 a /L Na- Sodium 929 m /L Arscnir.'Tatal1002 u L Se- Selenium 1147 u /L [IS- Mercury 71900 u L Oa Barium og/1- Organcichlorine Pesticides Organtiphosphorus Pesticides Acid Herblcides Rase/Neutral&Acid rxtraclable Oi nics 'T'PI[ Diml Rangc Purgrable Organics (VOA bottle r 'd) I pit Gasulme Rangc MUST EX Gasoline Range l'h t0 lankrun i .. AUG 14 ?ljE 1 DIVISI(JN 01: ENVIRONM[;NTAL MANAGEMENT WATER .1 D-LAy FORM (OM1) COUNTY ~ (1 PRIORITY C SAMPLE TYPE (D R1Vr1i BASIN cl ❑ REPORT TO: AR FRa RO RHO WeRO WIRO WSRU T5 AMBIENT❑ QA STREAM EFFLUENT A7 BM ❑COMPLIANCE ir}yy CIIAIN ❑LAKE ❑ INFLUENT F— 1 .1. IIc.. rrNI V Lob Number: dkLAOC21W Date Recelved: -- V Time Rec d by: From: Bu■ Courier-and Del Other DATA ENTRY BY: CK: OF CUSTODY "— ❑ EMERGENCY ❑ ESTUARY DATE REPORTED: Shipped hy: Ifus-C•�nurler 5tell,^�Other COLLECTVR{S): rS�1c-n�r�_i] }{rc_�� � Nas�v Estimated DOD Range: 0-5/5-25/25.65/40.130 0 10p pj s STATION LOCATIO(N`: - �GyV! rt, Seed- Yes ElNo® Chlorinated: Yea ❑ No R' REMARKS: 1-tt1r A V 11 C t'1 01 rlc rc' Station i/ IDnic Begin ivy/ram/dJ) Time Begin {?ale End Time End Denth DM DB DBM IV.Iue Type Composite Sample Ty e I '/�N1 601)5 310 mg/I 2 COI) High 340 mg/I 3 COD Low 335 mg/1 - 4 Collform: MF Fecal 31616 /100ml 5 Collform: MF Total 31504 /100ml 6 Colllorm: Tube Fecal 31615 /IOOml ` 7 Collform: Fecal 5trep 31673 /100mi 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I to Fixed 510 mg/I I I Residue: Suspended 530 mg/l 12 Volatile 535 mg/l 1 3 Fixed 540 mg/1 14 pil 403 units 15 Acidity to pll 4.5 436 mg/1 16 Acidity to pit 8.3 435 mg/I 17 Alkalinity to pll 8.3 415 mg/I 18 Alkalinity to pit 4.5 410 mg/I 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride. 940 mg/I Chi a: Tit 32217 ug/1 Chi a: Corr 32209 ug/I Pheophytln a 32213 ug/I Color: True 80 Pt -Co Color:(pll ) 83 ADMI Color: pit 7.6 82 ADMI Cyanide 720 mg/I rlumide 951 mg/l Formaldehyde 71880 mg/l Grease and Oils 556 mg/I hardness 'total 900 mg/I Specific Cund. 95 uMhos/co+2 MRAS 38260 mg/l Phenols 32730 ug/I Sulfate 945 mg/l Sulfide 745 mg/I A H L XN113 as N 610 mg/I TKN as N 625 mg/1 NO2 plus NO3 no N 630 mg/I P: Total as P 665 mg/l PO4 as P 70507 mg/I P: Dissolved as R 666 mg/1 CdCadmlum 1027 USA Cr-Chromlum:Total1034 uSA Cu-Copper 1042 ug/1 NI -Nickel 1067 ug/I Pb-Lead I051 ug/I Zn-Zlnc 1092 ug/l Ag-gliver 1077 ug/I AI -Aluminum 1105 ug/I Be•Berylllutr+ 1012 ug/1 Ca -Calcium 916 mgA Co-Cohall 1037 ug/1 Fe -Iron 1045 ug/I T S 8 C GNXX LI-I-Illrlutn 1132 u11/1 Mg-Magneaium 927 mg/1 Mn-Manganese 1055 ug/I No -Sodium 929 mg/F Arsenlc:Total 1002 ug/1 Se-Selenlum 1147 ug/I lig-Mercury 71900 ug/I Organochiorine Pesticides Otganophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytopianklon Sampling Point X Conductance at 25 C Water Temperature fCJ D.O_ mg/I pli Alkalinity Acidity Air Temperature IC) 1+11 8.3 Of 4.5 pit 4.5 pit 9.3 a 2 94 t0 300 1. 400 1 a 82244 1 431 82243 1§2242 20 Salinity R Precipirinn go/day) Cloud Cover 96 Wind Direction 8)eg) Stream now Severity Turbhtlly Severity Wind Velocity M/H can Stream Depth It. Stream Width ft. 480 45 32 36 1351 1350 35 I4 — 4 I)Mt/Revlscd 10/86 INC DE R/DNVQ Chemistry Laboratory Report to: `rites Sampfe Anamaly Report (SAR) Lab Number. if �- �f � Sample ID: Station Location: Pt County -Z( ern pncn Region: V,(�) _ + utt Ie Type: Prioti �_��� �h-� n.:n , l ic_ �i,, + p yp ty Collector. t'•" L , j-. Date collected: i - I ! L ! C 2- Date received: -r I ! i IDate analyzed: - I 11 I cY L Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ iETALS ❑ NUT la' ! UCRO The following anomalies occurred (checl all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldshcet ❑ Mislabcled as to tests, preservatives, etc. ❑ Hclding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Hcavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable resulu ❑ Other (specify): Comments: ❑ VOA ❑ PEST ❑ SVOA Ef" Quality Control ❑ Instrument failure —no reportable results ❑ Analyst error — no mport_ble results ❑ Surrogates O None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added ❑ Recovery outsidr acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination 2"-QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modii:d with QA and Bra: F.ead approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume A ",-V- tv'-A— r,,ry-)QMT_1imi�-=: t,I'Z� G� (!� ' ! -• :-+ �,yi� '-� `r✓��':�bG'.T[� ':fit v�r; -1� h5 ors `'+i-�1 , •S-� �- _ �!',. -riQ .a • f��t �"�i._(1 -1: TC �'I''� ii'bR X� � � t�� �i+rrZ � 'tf±� f�if�'� -��`S .`i �i..���- �.),. � i>`�- 1 Corrcctive Action: ❑ Samples were rejected by DWQ Lab, Authorized by: Date: I I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: trt' Sample reported with qualification. Data qualification code used: C-E) - ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: Date: / Form completed by: i^; 11 r �1� } �' ;yi ^ Date- / t � L ad ChemistRevi itial): 110CHEII-1 ❑ PEST ❑ SVOA C ie.TALS ❑ VOA Branch Head Review (initial}: Q.-VQC Review (initial%D5 Logged i .:o database by (initial): QA•FomuLL+b•�r+iary'SAlt .l'a.S�1:ya i.L ur,"AFJ 1rVQ Chemistry Laboratory Report to: � _ _ Samp e Anomaly Report (SAR) Lab Number. Sample ID: v Station Location: Cauuty. scan Ram Region• : Sample:Type: _ : w"C? _ Priority. :.._ Collector: i'.sh�rt,�cr, °$ °�•� �. Date collected: ;-}._ ITI.— b, :Date received: I I I D2— Date analyzed: Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ 1TALS ❑ NUT e- MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace Q Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fietdsheet ❑ Alislabcled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved property ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interfermcc ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): Corrective Action: ❑ VOA ❑ PEST ❑ SVOA El" Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error— no repornble results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added ❑ Recovery outside acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination O`�-QC data reported outside ofcontrols (i.e. QCS, LCS) ❑ incorrect proccdurc used ❑ SOP intentionally modified with QA and Branch Head approval ❑ InvaIid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DNVQ Lab. Authorized by: Date: / ! ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: ❑' Sample reported with qualification. Data qualification code used: (_ ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: n Daze: Form completed by: Y 1 1 Date: !l �,cad Chcmist Rtvi (i tial): N BIOCH] ❑ PEST ❑ SVOA ❑ METALS ❑ VOA Branch Head Rtvic%V (initia : Q.VQC Review (i ' lal Logged into database by (initial): QA'Fweu%Ldxwaw ykSAR-10MMI.tbi 08/01/2002 03:50 4 PAGE 01 AM ;k..� PHONE: N. C. DEPARTMENT OF ENVIROMIENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 59 NOODFIN PLACE ASHEVILLE, NORTH CAROLINA 28801 828/251-6208 FAX: 828/251-6452 J` TO: FAX 7�+I FROM: DATE: # OF PAGES INCLUDING THIS COV$R: MESSAGE: If questions, please call 829/251-6208. &L,.770" o-n y� C,/w r14.,f "ad - - BP' 01 / �002 03: 59 �' ' 4 PAGE ' 92 NC DEN-AWWQ Chennbetry'Laboratory Report to: F7�Z0 Sample Anomaly Report (SAR) Lab Number- `� �.•. ~ Sarttple 1D: a Station Location: Cotmrlk Region: Sample.Type: Motat}r. � � Collector. F.SlrotW%Gn j $. 117— . i Date collected: It) IO2- Date t=ived: ' I i 1 D�— Date analyzed: fl / 04— Affected Pararneter(s): i Analytical Area (check one): ❑ NVCH O J�IETALS 0 NUT 0 MECRO The following anomalies occurred (check all that apply): C.1 Sintnles 0 Improper container used ❑ VOA vials with headspace ❑ Sulfide sarnplcs with headspace 0 5.implcs no( rcccived; ur listed on freldsheet - 0 , Sur"?tcs reccivcd,.by!;,pot listed on fieidsheet CA Mis! 6rlcd ca to icsts,.preserVatiVC$. etc. Ct Priur to rcccip: in, lab ❑ Af:er receipt in l:ia 0 Insufficient quantity for analysis 0 Samp:e exhibits gross !ton-hernogeneity 0 Samptc not chemicaliy preserved properly 0 pH out of range (record pH): C] Improper ci4cmic.l n Residual chlorine present in sample n Color interference -' 0 H-a%y crnulsiun fnrnu•f during extraction 0 -',io pL_ botdc broken in lab - no reportable results 0 Qnccr(spccify):� Cotrtntcnt;: " l t_ 7 r1 Corrective Action: Cl VOA 0 PEST o SVOA Quality Control 0 Instrumentfailvrs-noreportable O Analyst error - no reportable MultiP 0 Surrogates i;•"�: O None added ryr ' 0 Recovery outside acceptance llt� 0 Spike recovery ❑ Norte added t3 Recovery outside acceptance limits O Failed to meet criteria for precision O Internal standards G Blank contamination 810"QC data reported outside of controls (ix- QCS. LCS} 0 Imcarreet procedure used =-' 0 SOP Intentionally modified with QA and Branch Head approval O Invalid instrument calibration O Elevated detectloa limits due tot 0 Insufficient , sample YOIVIne or tZ. 0 Sang!cs were rejected by DWQ Lab. Authorized by: Date: u A cccpted and analyzed aRer notifying the collector or contact person and determining that another tan i. 0 Simple(s) on hold until: , fit" Sample reported with qua ification. Data qualification code used: 0 Othcr (explain): ' xr. Natificadon '.~qt::red (circle Iliac)? Yes No Person Cont3c icd: _ Date: Form completed by: Date: and Chemist Re�iS+� (� eiai}: MOM,< 0 PEST_0 SYQ; . ❑ METALS__ r O VOA_ �. Brach Head Revi--r (iiitia :ram >> QVQC t[ri[tir (i at - Lerd into daabsste _ ifn'fvnu�L•PrawrfS.kx q, _ --.- r 817 Castle Hayne Street FAYETTEVILLE DIVISTON Fayetteville, NC 28303 . Phone (910) 864-1920 Fax (910) 864-8774 - CHAIN OF CUSTODY RECORD PAGE OF CUENT NAME & ADDRESS: /V t �(/ rICONTACT PO! FOJECT i LOCATION: aOF o T T L e S TYPE OF ANALYSIS PRESERVATION CODE V CODE: A m <46C ONLY B a HNO3 (ph<2) + <4"C C = H2SO4 (ph<2) + <4°C D = NaOH + <4'C E a ZN Acetate + <4'C F = PERSON: PHON / vo 7 %� SAMPLER:r� JG> S OAT ETHOD OF SHIPMENT: LAB ID 4 SAMPLE TYPE DATE TIME COMP GRAB pH D.O. TEMP-C CHLORINE it z ��- y t 19�:- u1 7 /o a 2 1 Wb_1 U 7 Relinquished W. (Sip Mmi Date Time Race! {SipneWn) DaEe Time _ % b a� .� `D ReRnqu ed br. (ftnatune) Usd Time Recel - (Slpnatma) Date T ma 3 4 Relinquished W..1"natum) Date T me Recslved W. Imunm-) Date Tlme s s Rellnqulshed W. (Signamm) Date Time Received W. (Slgnawre) Date Time 7 8 Comments Or Special Hazards: ® Microbac Laboratories, Inc. FAYETTEVILLE DIVISION 817 CASTLE HAYNE STREET FAYETTEVILLE, NC 28303 (910) 864_-1920 / (910) 864-8774 (FAX) htty://www.microbac.com CE CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. B_ Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #02WE74237 2. Upstream - ID #02WU74238 3. Downstream - ID #02WD74239 NC #11 or NC #37714 USDA #3787 DATE REC•D: 07/10/02 SAMPLED: 07/10/02 SAMPLED BY: J. Hasty DELIVERED BY: J. Hasty SAMPLE CODE: WW, Grab REFERENCE: Falatovich Farms DATA REVIEWED BY: W-, -I.- L' e - -- DATE REPORTED: 07/13/02 ++}++++}*+++*+}++}++}}+++}++}}}+}}4*+***+**i++}+*******++}+****+*+++++}}++*}}}}}+*4}*}***+ ANALYSIS METHOD 1 2 3 ++*+***+*+}************#+}+*++++}1.++++*****i****+}+++**+++++++i*++*+*+*++i,++++++i+++****+ COLIFORM, FECAL (per 100 ml) SM18 9222D 810 54 <8 V CONK TS: * = Questionable Data < = Less than > = Greater than PAGE 1 OF 1 r :,iUL 2 3 rwQ i y The data and other information contained on this. and other accompanying documents, represent only the M E M B E R samp!e(s) analyzed and is tendered 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-Nti OSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research Genera iFac ity I>nformAtion =RaciLtyAlpmietr;, 82 ,:v 99 vxlktfiv�i,Kn+�Ca.,Nxb3. 5w StitF"YF:=u. F'7 Sampson Owner. Marshall Faiatovich Mana er Address 410 Beaver Dam Drive Clinton NC 128328 Certified Farm Name ❑ Premium Standards Op Falatovich Finishing #2 Phone Number - --- (910) 592-8643 Lessee Re ion O ARO O MRO O WARO O WSRO *FRO O RRO O W1RO 6 Location _ rak�e�,40 North.from Clinton 4.milesi . Lookfar co: -sign on .right:. ; :. - :: :. - 'y Certified Operator in Charge Backup Certified Operator owner James Carl "J. C." Pope, 06/20/00. ❑li iidiv .operation ❑ Lagoo :Cl'6 Date inactivated or closed Type of Operation ® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses ❑ Goats ❑ None Design Capacity Layer Non -Layer '.; i' A Total 3+ 72U IF Swine ❑'�k`1^�'c- t ��'€'i'�v+ .y-" 'eyF;��i�f� �F4jy`�f� — -- _ _: SSLW 502,200 Feeder to Finish -RAM. Number=of;Lagoons`/'"oldingP6nd 2 Lagoori:Total;Capacify ft' 753,466 Subsurface Drains Present . t , , _ 0 Lagoon Area ® Spray Field Area , ❑'No Liquid Wa,sfe,Management.'System` Falatolrich Finishing #2 Prestage Farms Latitude 34.8967 ❑ Request to be removed ❑ Removal Confirmation Recieved Comments Regional DWQ Staff''5�;%'Y}''" v Longitude 78.2833 i F ,K'.e i C15fL;fi�r L:F kI F ks.. /29/1993 16/19/1997 1 Irrigation System Higher Yields Vegetation Acreage Other Basin Name: Icape Fear tj �'•s„`.�E^r �..i., �'�.` ,...•.s. r `��"'_ 't""" .. " -- 3-r - .+,.-^•-ram_ � - •.-.-.-.r_ts.,.� ,�;f. �v-..�,._ ` a....r ...5 - a.+f �..a•-�?.—• ''f�,sJ-"y�.. ��gw ayT•+� f{,r Son r-_ N 7 St `r rr .n t:.-r a'Ei'�$y,."�� �'_�Y ,�` N ^' ''„2 'S�y+•�yc 9 •3s ��.a± f:7` �. - r r� rz s e-5'S•!i,e,. .b , 3 rlr'�3 �r iJ-;: l,! � i �', Y L •°r�T°•5 �" },�� k°��s "si.r. } .ir 7i --, t` y] vr- �y i af4.yP•i-(. '.ri..;�C4 Y •{T v3y �ar'�, �. Yr* �. 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L r� f , 4 r•: '-_� a h3:ct -•f•, w� 4 :., Y`4R _� zSry4 yi; {:t' s 5 +, s i T • ,, 11 ° r . t �•xjp �n � U��ni �,Ay� • �. r �,'�`-�.,_��,'ss,•,s�K� ��`_ �'{�.�?} �' .. w ° � rx ,,.} � � � �! ;�' ,.� -r �i$ ,,, * � 7t f �; s , I �_" , "c ��. riY "'i"Y� _ rt•�£r.��� �•tle�'Y' c� ��' k � �� � t;- Fn s .r z��Y i � sy � „ �y� -.s �� k n, w�•��'Z xrr �J 4A X k, 'u'yf �y, y, n�.� r` T f,��.,'t'�'�✓ a;i-; ��a I' � �. f-y,:. ,� - - � - '�, Mt.,, ': ' '^^ t 5 k . -.• �r.,%:`',rk:���i�'s,ri'ts.,�w,x�i^_'�,.r.!� �.:�� r5i�t�+;t�1,... � r'�...i�?•�:.'}N;t--La-�tf.- •$•`�iav'��' "rf�, n�e:•.t y, _ti,,4 N y• Facility Number Permit Number k-W"Z0649�0f-- -4 ;Fa m;Name Falatovch Fm�shing #2� '�q�ddress" 10 Beaver�Dam�Dnve��;�y ¢4n !Y PFiorte (910)�592$643x ° � _ "" ' ,Location wr.-✓_6 akex4t73 North froM,gi 5'f - a ...r_ ...ten. l_.li �-X Regional Supervisor Paul Rawls `'. ;Owner Firs#,Name rOwne� Last•=Name rCoUrltj/: Manager'sName PPririW.#Zeca Marshallw' ` y Falatovich � " �=; Sampsor} 7 { t day„ ign ayn right tz Contact Pa%sl Sherman �; F �y Plione (q,! O ,< ',48fi-`1541, • Ysa4. ;tFf _ '"'-` € `'+ rcJ a a..,', ,�.Y: O Import f 'i k. - I 4*e'e3s`� rescinded Pant Region List'. Print County List M Xcidays Date-: 9/19120 2-=.�� Sam son y.; p ii' Facillt N-.LL.." 82 99 €i y timber'; Swine J;. Orvn 'r'•=i Marshall Falatovich e : FarmNarie'.''• V'• .�. Falato c F nishin #2 '': g C or QC1fl� ce HistQ-y •Reason for Exemption 2H ,0200"Certification - Letter:-Dafe . Type of Letter " ` . = Additionavcomments •.y �. i .. '? o � f.. ,:'iY .t a. d+ t i : Y.0 _ • � � - 4 s�"Stil-' a `Notice="of Violatiora4ancJ-Re►ocation:for y. RF NanrJavmenfr i .;f . 03/04/02 Notice of Deficiency s 2/25/02 inspection INedd current soil and waste analyses ' s_ 07/29102 NOV 1 Notice of Recommendation for .�17/7102 inspection !Enforcement .,Referral from DSWC aR a Enforcement m . Case Number Central Office Log In •.Date Penalty Assessed; • Penalty Amount .Amount Paid Case Closed Date S S � v � Vr- ^' ! 'f 1 r ' �* � .� w, R '� r.. 'J � r• .. ems*•. 51'� 4 - as - }i�<�_72�- - ia7 YZl��. '%.T4rwfeAtk a.'t.e-:-¢ "i. F:r 43. ,y.. .p. S. � .:.5 ' �,.'. .$^ _ ✓ 'f K Ia •r_M :. '�•'.• y- r ' 7!.eni. rp. s: . Y�l �� L 'Cf.(��1 . 9. ,r�. F.1:„7k;f?;'7 §.;�" l���Y� Le=Ja Y_i. :'����. • .l�sr' -. sc.ZTto;Cffi`. !�'1ti.. ;i'' iJJ �(�{!J�^�.i ��y',t'Y_ j.l�'xti �� �e.{ �}�.�..73xk�x. ,tit .4'"�k: Fr�a'' .��..V1�•� �ii a�.`ki;�y:.-i. - � ^,.r�. {`r s 4.Y. :/a. _.{ ..5 .. .Jw . � i�CA. �5: ,.. .r• vei1�e?.',ts_ x +:4a']ii.?yy+y .r:}.�S`it=-�.y�:�9i' '���rt ',: .. � .•i. .1+%. S`J. .wl�r.:f '^452.� �,. 1�` :�..�T ,.tx _l- ,'. p�sw r*�-.�. l..Try,`l�pel-4lK_ 'y•�`{�- '�.',. '[: �t.W~ti.�..lL�i. \.� .tw�. ^J•i.;J ,n�YMW,��P G;, .� l..i 'H'4j .ite Visitation ory ' Visitation Date . Agency 2042 - Type of Visit Visitation `Date .. - Agency Type of:Visit . -` 20Q0 02125102 0711 g1D2 07110102 .Division of Water Duality Division of Soil and Water Division of Water Quality Compliance Inspection :Operation Review Compliance Inspection � 08l23104.: . ;Division of Soil and Water operation Review. �, Visitation Date A ency 2001' Type of"Visit `'visitation � =-„Date Agency ,Type of Visit 01f07101 Division of Water Quality Compliance inspection �'05114101 _Division of Soil and Water :Operation Review � 04/21/99 ;Division of Soil and Water Routine M,MMI> Division of Water Quality - Other 10127/99 Division of Water Quality - Routine � � 14 10J0 NORTll CARUWNA VOL136i G409 SAMPSON COUNTY TRUSTEE'S DEED Tl IIS TRUSTEE'S DEED is entered into this -d day of June, 2000, by and between Julie 11. Malone, Trustee of the James C. and Nancy S. Pope Charitable Remainder Unitrust under Trust Agreement dated May 15, 2000 (Item -in "GRANTOR"] and Marshall G. Falatovich and wile, Cynthia P. Falatovich ofrr,{;fir+ ouw�d North Carolina [herein "G NTEES"], WFINESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations has and does hereby give, grant, bargain, sell and convey to (irantees, their heirs, successors and assigns in fee simple forever the following described tract of land located in North Clinton 'township, Sampson County, North Carolina: BF(iINNiNO at an iron stake set in the centerline of North Carolina I Iighivay #403 ( Faison I lghway), said stake being set over a culvert through which passes the waters of Kings Branch, corner with lands of Marshall Cy. Flatovich described in the deed of record in hook 1317, rage 432, and from said beginning paint the line runs thence with the centerline of said highway, North 31 degrees 00 minute 00 second East 1348.59 I-ect to an iron stake, corner with the lands of Mary L. Wooten described in the deed of record in Rook 1014, page 73; thence with the Wooten line South 70 degrees 45 minutes 00 second East 2537.00 feet to an iron stake, corner with the J. C. Pope lands described in deed of record in Book 1302, page 520; thence South 18 degrees 40 minutes 00 second West 20 feet and North 68 degrees 00 minutes 00 seconds West 23.47 feet to an iron .shake set in the head of a ditch; thence with the run of the ditch the following calls: South 79 degrees 31 minutes I I seconds West 602.30 feet, South 14 degrees 40 minutes 24 seconds West 136.30 feet, South 27 degrees 29 minutes I I seconds West 198.42 feet, South 31 degrees 44 minutes 13 seconds West 357.71 feet and South 22 degrees 28 minutes 27 seconds West 301.35 lect to a stake in Kings Branch, the property line being the run of Kings Branch; thence with the run of Kings Branch as it meanders in a generally westerly direction the following calls: North 73 degrees 25 minutes 16 seconds West 254.91 feet, North 89 degrees 55 minutes 25 seconds W6t 781,46 feet, North 68 degrees 12 minutes 50 seconds West 422,74 feet, South 72 degrees 36 niinutes 14 seconds West 344.18 }eet. North 67 degrees 23 minutes 50 seconds West 77.89 1ect, North 18 degrees 00 minute 31 seconds West 507.39 feet, and North 47 degrees 29 minutes 08 seconds West 90.00 feet to the point and place of BEGINNING and containing 74,75 acres, more or less, and being all of tracts one and two as shown on a plat and survey by Millard T. 0wen, Ill, Professional Land Surveyor, dated March, 2000, styled "Map of J. C. Pope Hog Farm" and appearing of record in Map Book 36, page 36, Office of the Sampson County Registry. For chain of title information, see Book 1019, page 924; Book 1135, page 401; Book 1273. page 76; Book 1302, page 520; and Book 1359, page 937, Sampson County Registry, unusoM coom Vc 04/14/2400 Prtralt Gy V �+ww� N%VrVb% $084.00 Real Estate $ Es'cta� T. , -A - f N a- 7-ool 4ecApmrherrok w he$* &whit Page -2- i;7i10Y���0t►� VOL 1361P12 UO TO HAVE AND TO HOLD the aforesaid -lands and all privileges and appurtenances theteunto belonging to the Orantees, their heirs, successors and assigns, in fee simple forever in as fUl and ample a manner as the undersigned Trustee has authority to convey the same. • IN WITNESS WHEREOF, Julie H. Malone, as Trustee of the James C. and Nancy S. Pope Charitable Remainder Unitrust under Trust Agreement dated May 15, 2000, has hereunto set her hand and adopted the typed word "SEAL" after her tame as her own seat this day and year first above written. .Pk"Wut V �� t_• (SEAL) ] t H. Malone, Trustec of the James C. and N Icy S. Pope Charitable Remainder Unitrust Under Agreement dater! May 15, 2000 • ' STATE OF NihVKA COUNTY OF rf) _ `, a Notary Public, in and for said County and State, do hereby certify that JULIE H. MALONE, TRUSTEE of the James C. gild Nancy S. Pope Charitable Remainder Unitrust under Agreement dated May 15, 2000, personally appeared before me this day and acknowledged the due execution of the foregoing Trustee's Deed. 1� Witnesf my hand and notarial seallstamp, this day of June, 2000. �. N.P. My Commission expires; J oh a v( V eaK A tea C.anYrdttloZt/ Igt#�1 �M Ca+rn.mor"edCam* .�/ NORTH CAROUNA, SAMPSON COUM'Y rr . 7% foregoing c armed eertllicate of-- _ l Notary Public iubic islawcertitied to bewneet. 'iris imarument was presented for registrad and recorded in Chit Office at Book , Pa e O This lj day of �9 at o'ctoc MAE K 7ROUBt.EFMLD Register of Deeds Deputy Register of Deeds AN 07 2WO 13:14 19199381058 PAGE.03 KILS't) Fop i bit r • -- _ UL 1361FACEU. This instrument prepared by Cape Fear Farm Cr it ACA Cape Feer rang SrWt.ACA CMn Year farm Credit AC& Loan Number 090 004 769927-11 _ STATE OFF NORTH CAROLINA DEED OF TRUST COUNTY OF Sampson T1l15 INDENTURE, made the lee day of Jutha, 2000, M , between Marshall A. Talatovich and wile. evrithi■ P. Falatovich _ (hereinafter called Undersigned, whether Borrower or others and whether one or more individuals or corporations, and whether collectively or singularly); ilepuffie Trustee (hereinafter called Trustee), and cane Baer. farad_Credit. . a federally chartered corporation, (hereinafter called Lender); and WITNI'SSI: I'll, that Ill coosidef000n of a loan or advanccn made by lender to „�._,.?[�Tlha3,iQ. falatovieb t)f1.&—JLL—r111A Ich (hereinafter called Borrower, whether one or,mure). and the sum of One Dollar (11,00) paid to t crs g at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, antl,for the purpose of securing the payment of the loan to Borrower by lender, Undersigned hereby grants. btnrgalitts, seW and convoys uM the Trustee. as herein named, his successors and assigns, the following described land: (SET FORTH HLREINBELOW AND/OR ON SCHEDULE 'A' ATTACHED HBRE'f'O AND MADE A PART HEREOF) Sea Attached Schedule "A• TO HAVE AND TO HOLD the said land with all and singular the rights, members and appurtenances thereunto belonging or anywise appertaining, to the only proper use and benefit of the Trustee, as herein named, hWher successors and assigns, forever, in fee simple. This conveyame is to he construed as a deed of trust, and not as a mortgage, and Is made to secure (1) the performance of the cnvrnarns herein contained and the payment of ■ loan by Lender to Narnhall a. falatovieh and C Mthia P. FRletavich� hereinafter co Borrower. wSedier one or more, In the principal sum o Pour H_undred_Forty 1\ro Thot}uan4_#nd n9LA00 f5lill5—is - - ---,—Q ) as cvidence-d gy`note ill orrower to er o even ale nercw t t, t to um payment u w uc h, If mil Meaner pa1hl, fang uucaiui payaliFeun june_01, 2010 , same being made a pan hereof to the same extent as if it were set forth herein, and all renewals, reamortizations, refinances, modifications, extensions, deferments or other rearrangemems thereof, together with interest thereon as provided therein; (2) all addit'honal loans and advances that may subsequently be made to Borrower (or to any one or more of the parties designated as Undersigned or Borrower, with the written consent of the remainder of said Urulcrsigned or Borrower), by Lender, which will be evidenced by a note or notes and ail renewals, reamortizations, extensions, telinl3nCC5, modifications, deferments or other rearrangements thereof, plus interest thereon, and when any payment is made on any indchtedmess secured (hereby, or on any renewals, M21110Ttizallon%. extensions, refinances, modification, deferments or other rearrangements thereof, fresh advances may be made, from time to time, so as to make this contract continuous In stature; such advances, if •ally, to he made solely at the option of the Lender; and (3) all other indebtedness of Borrower to Lender. now due or to become due (whether directly or Indirectly) or hereafter to be contracted, and all renewals, reamortizations, extensions, refinances, modifications, dchi:nneltts or other rearrangements thereof, plus Interest thereon, attorneys' fees, court or foreclosure costs. Including Trustee's commissions, and any advances and interest thereon, which advances are made for the protection of the security or title thereto, such as. but not limited to, advances.1or taxes and insurance premiums, all or which are secured by this deed of trust. It is further understood and agreed by all parties hereto that the execution by Borrower and the acceptance by finder of any notes, renewal notes or other instruments, or the agreement by Lender to any reamortizations, extensions, rofinanccs, modifications, deferments or other rearrangements shall not be construed as payment of any indchtedrhess hereby secured (whether or not, among other changes In terms. the interest rate or rates remain the saute andlor time for payment is thereby extended or lessened), and shall not discharge the lien of this deed of trust which is to retrain i in full fierce and effect until the total Indebtedness secured hereby has been paid in full. All notes or other instruments contemplated In this Paragraph shall remain uncancelled and In the possession of Lender, its successors and assigns until the total indebtedness hereby Secured is paid in full. Provided, however, the lien of this deed of trust shall not be terminated or otherwise affected during the period of this instrument from the date hercur by repayolcm in fuFi, one or more times, or sit Indebtedness then outstanding, unless this instrument shall be formally released or discharged of record. If at any time during the period of said instrument from the date hereof, there be no lndcbtWnm outstanding of Borrower to !.ender, and no obligation of Leader to make any further advances to Borrower, Lender will, opera do Wrkoen request of Borrower or Undersigned, execute and deliver to Unden*W a rercnveyaax at satisftscilon of Ohio ltt trtuaeat. PL.1100 (srty. Mg) Rap 1011 VOL1361FA 1.i2 FIRST TRAM Being all that certain tract or parcel o(land eontaining 36.61 acres. more or less, as shown on that certain map entitled, "Survey for Marshall F'alatovich", prepared by Larry King and Associates, Registered Land Surveyors, dated July 27, 1993, and recorded in Map Book 26, at Page 29 of the Sampson County Registry, said map being incorporated herein by reference for a more complete descriptions. SECOND TRACT: Belliff Mlore or less, as shown on that map entitled "Survey for Marshall Falatovich", Prepared by Lprry King and Associates, Registered Land Surveyors, dated Fcbniary 28, 1994, and recorded in Map Book 26 at Page 77 of the Sampson County Registry, said map being incorporated herein and by reference made a part hereof, The foregoing is the same land described as the Second Tract in that deed from Isaiah Packer and wife, Lillie Packer to Dr. Glenn C. Newman and Stacy A. Butler and wife, Ruby N. Butler dated December 1, 1954 and recorded in Book 628 at Page 327 of the Sampson County Registry. ❑r. Glenn C. Newman died August 2, 1977, His wild, Pearl (same person as Peggy) K. Newman died testate November 26,1987 her will being of record in File 88 E 41 in 'the office of the Clerk of Superior Court of Sampson County. Ruby N. Butler died April 7,1983, UIRP TRACT: L;elnz &&acres, mort orless. as shown on that map entitled: " Recombination of tltc "First Tract" and "Third Tract" --Deed Book 628, at Page 328 Marshall Falatovich" prepared by Larry King and Associates, Registered Land Surveyors, gated February.14, 1994, and recorded in Map Book 26 at Page 78 of the Sampson County Registry, said map being incorporated herein and by reference made a part hereof. The foregoing is the same land described as the First Tract and the Third Tract in that deed from Isaiah Packer and wife, Lillie Packer to Dr. Glenn C. Newman and Stacy A. Butler and wife, Ruby N. Butler dated December 1, 1954 and recorded in Book 628, at Page 327 of the Sampson County Registry. Dr. Glenn C. Newman died August 2, 1977. His wife Pearl (same person as Peggy K. Newman) died testate November 26, 1987 her will being of record in File 88 E 41 in the office of the Clerk of Superior Court of Sampson County. Ruby N. Butler died April 7, 1983. E0VEL U:ERACT: Adjoining Lot # 4, Lot # 5, Lot No. 7 and Lot No. 10 and North Carolina Hwy. 40% and beginning at a point in the center of North Carolina Hwy 403, e new corner with Lot No. 5 which new corner is located South 32 degrees West 1039 feet from the Marshall A..Gainey and Carl Pope Corner where King's Branch crosses under said highway and through a concrete pipe, and runs thence the dividing line with Lot No. 5, and beyond its corner South 58 degrees Fast 1234 feet to the center of a drag line ditch in the line of Lot No. 10; thence with the line of Lot No. 10 the center of a drag line ditch North 48 degrees East 114 feet to it stake, thence with Lot No. 10 along the center of a ditch due North 137 feel to a stake, comer of Lot No. 7; thence with Lot No. 7, North 58 degrees West 1192 feet to the center of North Carolina Hwv. 403 corner of Lot No. 7 • thence along the center of North Carolina Hwy. 403, South 32 degrees West 222 feet to the beginning corner, Containing 6.48 acres, more or less, and being Lot No. 6 in the j division of the lands of Marshall A. Gaincy, deceased, allotted to Franklin Gainey as will i appear in Order and Decrees in Special Proceedings, Clerk's Office of Sampson County. i % e J w ' v VOLIMPAOf R3 THERE IS F CFPTF.D FROM .TI.IIS I.QL@ easement or right RfMy 60 feet ALds beginning at the end of the casement across Lot No. 4 and runs thence North 51 degrees 50 minutes East to the line between Lots Nos. 6 and 7 for the use of the owners of Lot Nos. 10, 11, 12, and 13, for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. F1FTI l IRACre Adjoining Lot No. 6, Lot No. 8, Lot No. 10, and North Carolina Hwy. 403, and Beginning at a point in the center of North Carolina Hwy. 403, a new comer, Which point and new comer is located South 32 degrees West 595 feet from the Marshall A. Gaincy.and Carl Pope corner where King's Branch crosses under said highway and through a concrete pipe, and runs thence the dividing line with Lot No. 8 South 58 degrees East 1053 feet to a point in the center of a ditch, in the line of Lot No. 10, and nuns thence the center of the ditch the tine of Lot No. 10, due South 257 feet to the corner of Lot No. 6; thence the line of Lot No. 16, North 58 degrees West 1192 feet to the center of North Carolina Hwy 403, comer of Lot No. 6, thence along the center of North Carolina Hwy. 403, North 32 degrees East 222, feet to the beginning corner. containing 5.72 acres, more or less. F RF S F D EROM 1111San casement of right of way 60 feet wide beginning at the end of the easement across Lot No. 6 and runs thence North 51 degrees 50 minutes East, to the line between Lots Nos. 7 and 8 for the use of the owners of Lots Nos. 10, 11, 12, and 13 for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way, i This land is Lot No. 7 allotted to Shirlcy G. Jones in the division of the Lands of M. A. ? Gainey deceased. The report of the commissioners in said division being dated January 23, 1969 and is recorded in Order and Decrees in Special Proceedings, Clerk's Office of Sampson County. SlKTll TRACT: Adjoining Lot No. 8, Lot 10, King's Branch and North Carolina Hwy 403;-and beginning at a point in the center of North Carolina Hwy 403, where King's Branch crosses under said highway and through a concrete pipe, the Marshall A. Gainey and Carl Pope corner and runs thence along the center of North Carolina Hwy 403, South 32 gcgrees West 370 feet to the corner of Lot N8, thence the dividing line with Lot # 8; South 58 degrees East 935 feet to the center of a ditch, corner of Lot No. 8 in the line of Lot No. 10, thence with the Lot t110, the center of the ditch, North 30 degrees 20 minutes East 233 feet and North 45 degrees 10 minutes Cast 86 feet to the King's Branch, corner of Lot No. 10, thence along King's Branch North 72 degrees 30 minutcs West 209 feet, South 74 degrees 20 minutes West 335 feet, North 63 degrees 50 minutes West 78 feet, North 17 degrees 50 minutes West 500 feet and North 44 degrees 5 minutes West 90 feot the beginning corner, conininine4,75 ncres of land, more nr_iesi. and being Lot No. 9 allotted to Marvin Gainey in the division of the lands of the Late M. A. Gainey deceased, the report of the commissioners in said -division being duly recorded in the office of the Register of Deeds of Sampson County in Book 806 at Page 612. SEVENIII TRACT: Adjoining Lot No. 1, Lot No. 3, Lot No. 4, Lot No. 6, Lot No. 7 Lot No. 8, Lot No, 9, Lot No. 11, Kings Branch and the C. R. Beaman estate, and Beginning at a point in the center of Kings Branch at the entrance of a ditch, corner of Lot No. 9 and runs down King Branch, South 76 degrees 30 minutes East .191 feet and South 86 degrees 25minutes East 249 feet to the comer of Lot No. 11, thence with the dividing line of Lot No. 11, South 29 degrees Wcst 2,214 feet to a stake, corner of Lot No. 11 in the C. R.11camon estate littc, thence the Beamon line North 69 dcgrecs 5 minutes West 516 feet to a stake, ctmter of Lot No. 1, thence with the dividing line of Lot No, 1, Lot No. 3, Lot No. 4, Lot No. 6, Lot No. 7, Lot No. 8, and Lot No. 9, North 42 degrees East 572 feet to the head of a dragline ditch, thence with the ditch, North 48 degrees East 729 feet, due North 449 feet, North 00 degrees 45 minutes East 168 feet, North 30 degrees 20 minutes East 275 feet and North 45 degrees 10 minutes East 86 feet to the beglt<ning corner. contalaing 15.93 acres, more qr If&1. and being Lot No. 10 in the division of the lands of the late M. A. Gainey deceased. VOLINIP10114 THREE 19 9=1XIED FRQMTH19 ,LM n easement Or right of ww 60 feet 2Ylft beginning at the end of the easement across Lot No. 8 and runs thence South 76 degrees 23 minutes East to the line between Lots No. 10 and I 1 for the use of the owner . of Lots No. 10, 11, 12, and 13 for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. For this description see deed of Alton C. Morgan to Alton C. Morgan and wife, Lillie M. Morgan, recorded in Book 807 at page 267 of the Sampson County Registry. RIGHT TRACT: Adjoining Lot No. 10, Lot No. 12, King's Branch and the C. R. Beamon Estate and Beginning at a stake in King's Branch, corner of Lot No. 10, and runs thence down King's Branch, South 86 degrees 25 minutes East, 369 feet to a stake, corner of Lot 12, thence with the dividing line of Lot 12, South 29 degrees West 2313 feet to a stake in the line of the C. R. Beamon Estate, comer of Lot 12, thence the Beanion line, North 69 degrees 5 minutes West 334 feet to a stake, corner of Lot No. 10, thence the dividing line with Lot No. 10, North 29 degrees East 2214 feet ]o the bgainning corntr.Containing 17.44 arras. more or less. and being Lot No. i 1 in the division of the lands of the late M. A. Gainey, deceased. TIIE-RE 15 EXCEEIED FROM THIS LOT an easement or right of way 60 feet wide beginning at the end of the easement across Lot No. 10 and runs thence South 76 degrees 25 minutes East to the fine between Lots Nos. I 1 and 12 for the use of the owners of Lot Nos. 11, 12, and 13 for the purpose of going'to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. NINTH TRACT: Adjoining Lot No. 11, Lot No. 13, King's Branch and the C, R. Beamon estate and beginning at a stake in King's Brach, comer of Lot No. I 1 and runs thence down King's Branch South 86 degrees 25 minutes East 51 feet and South 74 degrees 5 minutes East 361 feet to a stake, corner of Lot No. 13, thence the dividing line with Lot No. 13 South 29 degrees West 2,326 feet to a stake corner of Lot No. 13 in the C. R. Beamon Estate line, thence the Beamon line North 69 degrees 5 minutes West 405 feet to a stake comer of Lot No. 11, thence with the dividing line of Lot No. 11, North 29 degrees East 2,313 feet to h beginning corner. containing .71 agree. more gr_lCles 1HERLISIKEPTUIEROM TH15an casement or right of way 60 feet wide beginning ad the end of the easement across Lot No. 1 I and runs thence South 76 degrees 25 minutes East to the line between Lots Nos. 12 and 13 for the use of the owners of Lots No. 12 and 13 for the purpose of going to and from said lots. See map of the division of the M. A. Gainey land for the exact location of said easement or right of way. 1ENTI1 TRACT: Adjoining Lot 12, King's Branch, the C. R. Beamon Estate line, and the Powell and W inibish lands and Beginning at a stake in King's Branch corner of Lot No. 12, and runs thence down King's Branch, South 74 degrees 5 minutes East 74 feet and South 62 degrees 25 minutes East 528 feet to a stake Powell and Wimbish comer, thence the Powell and Wimbish line to and along a wire fence and beyond South 29 degrees West 2257 feet to a stake, the C. R. Beamon Estate comer, thence the Beamon Line, North 69 degrees, 5 minutes West 607 feet to a stake, corner of Lot 12, thence with the dividing line of Lot 12, North 29 degrees East 2326 reel to the heeinnim! ccrysL t I tin i .12 res and being Lot 13, in the division of the lands of M. A. Gainey deceased. ELEVEN 11 TRACT: BEGINNING at a point, Arthur King's corner in the centerline of State Secondary Road No. 1752, which point and corner is located North 69 degrees West 1882 feet from the centerline of North Carolina Highway No. 403, and runs thence along the centerline. of State Secondary Road No.1752, North 69 degrees West 200 feet to a comer with Lot No. IS, thence with Lot No. 15, North 21 degrees East 2037 feet to a stake, coiner of Lot No. 15 on the bank of Gilmore Run; thence down Gilmore about 201 feet to a stake, Arthur King's corner, thence with the line of Arthur King, South 21 degrees West 2021 feet !o the beginning. containing 9.28 acres. more or tesg, and being Lot No. 14 as allotted to Irene G. Darden in the Division of lands of M. A. Gainey, deceased, the Report of Commissioners in said division being duly recorded in Book 806 at Page 612 of the Sampson County Registry. -....----7r MINIMUM TWELFTH TRACT: Adjoining Lot N. 14, Lot No. 16, Gilmore Swamp and Public Road No. 1752 and BEGINNING at a point in the center of Public Road No. 1752, corner of Lot No. 14, and runs thence along the center of public Road No. 1752, North 69 degrees West 200 feet to corner of Lot No. 16, thence with Lot No. 16 North 21 degrees East 2054 feet to a stake, corner of Lot No. 16 on the bank of Gilmore Run, thence down Gilmore about 201 Net to a stake, corner of Lot 14, thence with the line of Lot 14, and parallel to the second line of this survey South 21 degrees West 2,037 feet to the beginning ttSt[I1CG c9nialning 2.30 acres. more or less. Beginning at a PK nail in the center line of State Secondary Road No. 1752, a joint corner of Lots Nos. 14, and 15 in the M. A. Gainey Division, which beginning point is located 2,082 feet from the intcrseclion of the center line of State Secondary Road No. 1752 with the center line of N. C. Highway No. 403, and runs thence from said beginning point so located North 70 degrees 06 minutes 04 seconds West 150.00 feet to a PK nail in the centerline of State Secondary Road No. 1752, a new corner, thence a new line North 19 degrees 53 minutes 56 seconds East 290.40 feet to an iron stake, a new corner, thence another new line, South 70 degrees 06 minutes 04 seconds East 150.00 feet to an iron stake in the dividing line between Lots Nos. 14 and 15 of the M. A. Gainey division, thence with the dividing line between Lots Nos. 14 and 15 of the M. A. Gainey division, South 19 degrees 53 minutes 56 seconds West 290.40 feet ta the 11olat of hg&1nn-1n& containing 1.00 nere,_morg or less, and being apart of Lot No. 15 in the division of M. A. Gainey lands allotted to Thelma Gautier. :'IIIlKEF:ENT11 TRA —T Beginning at a point in the center of Public Road No. 1752, comer of Lot # IS and runs thence along the center of Public Road No. 1752, North 69 degrees West 200 feet to the corner of Lot # 17, thence with the line of Lot # 17, North 21 degrees East 2087 feet to a stake on the bank of Gilmore Run, corner of Lot # 17, thence down Gilmore about 203 feet to a stake, comer of lot #15, thence with the line of lot # 15 and parallel to the second line of this survey, South 21 degrees West 2054 feet to w the beginning corner, captaining 9.94 acres, mare oLless, and being Lot # 16 of the Division of the lands of the late M. A. Gainey deceased, Report of the Commissioners dividing the same being duly recorded in both, the office of the Clerk of Superior Court and the office of the Register of Deeds of Sampson County. Adjoining Lot No. 16, Lot No. 18 Gilmore Swamp and Public Road No. 1752 and Beginning at a point in the cctiter of Public Road No. 1752, corner of Lot No. 16, and runs thence along the center of Public Road No. 1752, North 69 degrees West 200 feet to comer of Lot No. 18 thence with the line of Lot No. 18, North 21 degrees East 2186 feet to a stake on the bank of Gilmore Run, corner of Lot No. 18, thence down Gilmore about 221 feet to a stake, confer of Lot No. 16; thence with the fine of Lot No. 16, and parallel to the second line of this survey, South 21 degrees West 2087 feet to the beginning corners containing 10,30 acres, more or less, and being Lot No. 17 allotted to Prentice Gainey in the division of land of his father, M. A. Gainey, deceased. The report of the commissioners, Fleet Moore, W. D. Casey, and L. F. Barber, being duly recorded in the office of the Clerk of Court the office of the Register of Deeds of Sampson County. E1EJFEN1[11 TR C'T, Adjoining Lot No. 17, H. Oliver, Gilmore Swamp and Public Road No. 1752 and Beginning at a point in the center of Public Road No. 1752, corner of Lot No. 17 and runs thence along the center of Public Road No. 1752 North 69 degrees West 200 feet to H. Oliver's comer, thence the Oliver line North 21 degrees East 2270 feet to a stake, H. Oliver's on the bank of Gilmore Run, thence down Gilmore about 216 - feet to stake, corner of Lot No. 17, thence with the line of Lot No. 17, and parallel to the second line of this survey South 21 degrees West 2196 fat to the beginning corner, Jgo,e,gor- (2-P. % VOL1361PA01116 BEGINNING at a PK nail set in the center line of S. R. 1752 which beginning Nail Is further located South 70 degrees 06 minutes 04 seconds East 2732 fact from a nail set at the point of intersection of the centerlines of S. R. 1752 and N. C. Highway 403, and runs from such beginning Nail so located, and along the center of S. R. 1752 North 70 degrees 06 minutes 04 seconds West 150.00 feet to a PK nail, a joint corner with the Hugh Oliver Lands, thence along the Oliver line, North 19 degrees 53 minutes 56 seconds East 290.40 feet to an iron stake, a new corner, thence a new line South 70 degrees 06 minutes 04 seconds East 150.0 feet to an iron stake, another new corner, thence another new line South 19 degrees 53 minutes 56 seconds West 290.40 feet to the Point gf Reginnille ► Lslin 0 n+nrc t r li ssc,�u ]sln" portion of tlrc I.ot 18 of the M. A. Gainey Division as described in Deed Hook 845, at Page 365 of the Sampson County Registry. SI&EVENT11 JE CT: _11EC1NNING at an iron stoke set in the cenlerlinc of North Carolina highway a 403 (Faison Highway), said stake being set over a culvert through which passes the waters of Kings Branch, corner with lands of Marshall G. Falatovich described in the deed of record in Book 1317 at Page 432 and from said beginning point the line runs thence with the centerline of said highway North 31 degrees 00 minutes 00 seconds East 1,348.59 feet to an iron stake, corner with the lands of Mary L. Wooten described in the deed of record in Book 1014 at Page 73 thence with the Wooten line South 70. degrees 45 minutes 00 seconds East 2,537.00 feet to an iron stake, corner with the J. C. Pope lands described in deed of record in Book 1302, at Page 520, thence South 18 degrees 40 minutes 00 seconds West 20 feet and North 68 degrees 00minutes Op seconds West 23.47 feet to an iron stake set in the head of a ditch, thence with the run.of the ditch, the following calls; South 78 degrees 31 minutes l 1 seconds West 602.30 feet, South 14 degrees 40 minutes 24 seconds West 136.30 feet, South 27 degrees 29 minutes 1 I seconds West 198.42 feet, South 31 degrees 44 minutes 13 seconds West 357.71 feet and South 22 degrees 28 minutes 27 seconds West 301.35 feet to a stake in Kings Branch, the property line being the run of Kings Branch, thence the run of Kings Branch, as it meanders in a generally westerly direction the following calls: North 73 degrees 25 minutes 16 secands West 254.91 feet, North 89 degrees 55 minutes 25 seconds West 781.46 feet, North 68 degrees 12 minutes 50 seconds West 422.74 feet, -South 72 degrees 36 minutes 14seconds West 344.18 feet, North 67 degrees 23 minutes 50 seconds West 77.88 feet, North 18 degrees 00 minutes, 31 seconds West 507.38 feet, and North 47 degrees 29 minutes 08 seconds West 90.00 feet to the point and place of beginning and contalaing 71.75 acUs. moire or less, and being all of tracts one and two as shown on a plat and survey by Millard T. Owen, Ili, Professional Land Surveyor, dated March, 2000, styled "Map of J. C. Pope Hog Farm", and appearing of record in Map Book 36, at Page 36 in the office of the Sampson County Registry. For chain of title information, see Book 1018, at Page 924, Book 1135 at Page 401, Book 1273, at Page 76 Book 1302 at Page 520; Sampson County Registry. YO113S1priu11ril For the consideration aforesaid. Burrower covenants as follows. a. The making of any Advance or the acceptance of any obligation shall be at the sole option aqd discretion of the Lender and upon such terms and condiiious as it shall determine; b. TIIE MAXIMUM UNPAID PRINCIPAL AMOUNT, INCLUDING PRESENT AND FUTIJRE ADVANCES AND ORLIGATIONS, WIIICII MAY BE SECURED BY THIS DEED OF TRUST AT ANY ONE TIME SHALL NOT EXCEFDt Two Million and no/100 ($ 21000, 000.00 )DOLLARS. c. All future optional advances or obligations must be made within fifteen years from date of this deed of trust Irrespective of the duration of this deed of trust and/tar the duration orany Indebtedness secured hereby; d. Lender expressly reserves, and Undersigned expressly consents to. the right to allocate and apply any payment received hereunder against the evidences of indchtedneu secured hereby In such proportions and amounts as h, in its sole discretion. deicnrrines to he proper; e. Lender may, at its option, determine and declare any or all present and future advances or obligations secured by this deed of trust tit he In dcl'auh and irnatcdlately due and payable upon the default in payment of one or more of the obligations secured hereby, or the default of any other term or condition of this deed of trust. f, "Future advances" or "uhligalions' as used in this paragraph are dcfln ed as further and additional principal sums loaned, to one or more of the Borrower and which are secured by this deed of trust, Payments made by Lender for lire and extended coverage insurance, flood insurance, taxes,assessments or other necessary expenditures for the preservation of the security shall be secured hereby and shall have the same priority as if such payments had been made at the time of execution of this deed of trust, and iciihcr such payments made by lender nor any accrued interest shall be considered in computing the maximum principal amount which may be secured thereby, g, The total indebtedness secured by this deed of trust may be evidenced by varlous notes and/or other written instruments and evidences of indchedness; and one or more or all such ncries andlor the written instruments and evidences of indebtedness may. from little tab tittle, he conthincd and merged into a single tote or other evidence of indchtedness, Such combination and merger shall not constitute nor be construed as a payinent, satisfaction of discharge of any prior advance made or prior obligation incurred. .This deed of trust also secures all other advances made to and obligations accepted from Borrower, under the terms of said rote and any subsequent note or evidence of Indebtedness secured hereby, and all amounts included in mamonizat)ons, renewals, refinances. moclilicalions, extensions and any other rearrangements of any such Indebtedness hereby secured. Whether or not the Indebtedness secured hereby ever exceeds the maximurn &hove stated, Lender at its option shall have the sole right to determine she priority or order In which the various dchts covered herehy shall he secured hereunder within said maximum. For cumsideratiun as aforesaid. BarroweNUndersigned covenants as follows: 1. - Undersigned is lawfully seized of said land in fee simple and has a perfect right to convey same. The said land is unencumbered and free from all claims and charges.' Undersigned, for himself, his heirs, executors, administrators, successors, and assigns, warrants and will forever defend the right and title of said land unto the Trustee, his successors and assigns, against the claims of all persons whonrumver. In the *event of default, if the Lender employs counsel to collect the debt evidenced by any note secured hereby, at to enforce or proteci.any rights provided for herein. In any court or before any administrative body whatsoever, then in addition to any principal, ltnerest and other charges as provided for In any note secured herehy. Lender shall also recover all costs and expenses reasonably incurred by I.ender. Including reasonable atrirneys' fees, which costs, expenses Slid atlorneys' fees shall hecnnne part of the ludchtedness secured hereunder, shall he Intmcdlaidy payable, and shall draw interest from the date Lender retains counsel until pakl at the highest rate provided In any note or nines secured hereby. Z. Whether or not Borrower Is in default, in the event the Lender becomes a pany to any legal proceeding involving the security described herein, other than an action to collect any indebtedness evidenced by any note or notes secured hereby. and Including any hunkrupicy case involving Borrower or Undersigned, thrn Lender may also recover all costs and expenses re&sonuhly incurred by Lender, inchiding reasonable anotncys' fees, which costs, expenses and attorneys' fees when incurred by Lender shall become pan of the indebtedness secured hereby and shall be immediately payable on demand, and shall draw interest from the date Incurred until paid at the highest rate provided for in any note secured hereby. 1. Undersigned will insure, anal keep insured, as required by Lender from time to time, all buildings now and hereafter on said land against such risks, in such form, in at least such amounts, and with such company or companies, as shall be satisfactory to Lender, the fuss, if any, to he payable to Lender as its interest may appear, and will deliver to Lender a policy or policies of Insurance with mortgagee clause satisfactory to Lender attached thereto, and will promptly pay, when due, all premiums for such insurance. In addition to other insurance coverages, if the property is Incased in a government mandated flood area where participation in a Federal Flood Insurance Program is required, Undersigned agrees that upon receipt of notification from Lender and within the time period established by Lender. UodcrsignO will obtain and maintain flood insurance in such amount as Lender requires on all buildings, improvements, fixtures and any mobile home(s), now existing or hereafter erected, placed or maintained on or in the land described in this deed or trust, together with all other personal property securing Undersigned's obligations to Lender and maintained in or on such buildings, improvements and mobile hune(s), until the loans, future advances and all other lodebtedness secured by such property and this deed of trust are fully paid. Lender may require Undersigned no obtain and maintain such flood insurance at the time the loan(s) secured hereby are made or at any time thereafter until the loans secured by such property are fully paid. Undersigned further agrees to pay Lender all reasonable fees and costs Lender incurs in determining whether any of such property is located in an area having special flood hazards including determination fees (of initial and subsequent determination as well as fees for monitoring the flood hazard status of the property during the life of the loan), together with the cost of premiums and fees incurred with purchasing flood insurance for Undersigned, if Undersigned fails to do so within the time period required by Lender. Any such fees, premiums at costs shall, In Lender's sole discretion, be due and payable on demand or as otherwise provided fur in the promissory note(s) secured hereby or this deed of trust. At the option of Lender and subject to applicable law. Insurance funds may be used for reconstruction or repair of the destroyed or damaged insured buildings and insurance funds not to used shall be applied on such pan of the indebtedness secured hereby as Lender, In its sole discretion, may determine. 4, Undersigned will pay, when due and payable, all taxes, assessments and other charges that may be levied or assessed against said land, and all other amounts that may be or become a lien thereon, In the event Undersigned fails to pay, when due and payable, any such tax, assessment, Charge or any other item which may or has become a lien on said Land, Lender may, at its discretion, pay the Same without nnlice to or consent from Undersigned. 3. Undersigned will keep In good order and condition, preserve, repair, rebuild and restore all terraces, buildings, groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter erected or placed thereon. and will rot permit the change, Injury or removal thereof, will not commit or permit waste on said land, and will M. except with the written consent of Lender, cut, use or remove, or permit the cutting, use or removal of, any limber or term on said land for sawmill. turpentine or other uses or purposes, except for firewood and other ordinary farm purpose. 6. Undersigned covenants that he will not perform any act which might impair or tend to impair the continuation on the property heron described of all crop allotments and acreage allotments now established or hereafter established on any of the property bemin described and hereby grants it lien an ukf allotments to Lander. 7. Undersigned covenants, warrants and reprewrito that there arc no oral or written kases of soft rho widsla doe" {and at the dais of this Instrument tuber titan those tat forth in written application for thin loan or la any wtriuea amendmaat the rem. VOL JLJbi.PACE 1.10 Il. Borrower will pay, when due mud payable, all amounts secured hereby. Time Is of the essence of the said mote said any subsequent mote secured hereby. and of this lax vi. If Undersigned or Borroer, fidis to comply with any eovelaat, conditloa or agreement in this Irauumad or any notes or other evidence of Indebtedness. or In any refinances, reamorthzathons, mrsewals. deferments. extensions. intodifleatiom and any other rearrangements. or any other written agreement between the Borrower and the Lender. Leader tray, at Its option, exercise any one Ar more of the following rights, powers, privileges, and remedies; a. Plerform the covenants In this Instrument and In any notes or other evidence of indebtedness hereby secured and all amounts advanced by Lender In so doing shall be due and payable by Borrower to Lersder immediately without notice, and shall be secured by this Instrument. and may, at the sole discretion of Lender, bear Interest from the date of advance by Lender at the highest rate provided In any note of other instrument secured hereby. b. Declare any or all amounts and/or obligations secured by this Instrument immediately due and payable without notice. C. Have this deed of trust forthwith foreclosed for tie whole amount of said sum, interest slid costs, and out de application of Lender. Its successors or assigns. It shall be lawful for and the duty of Trustee or his duly authorized agent, with notice of hearing and sale as provided by Chapter 45 of the General Statutes of North Carolina at the time of said declaration of the full debt being Immediately due and payable, at such time and place as provided in die notice of sale, to expose said lands at public sale to the highest bidder for cash aid to convey said lands to the purchaser at said sale. At such sale Lender shall have the right to bid and become the purchaser of the property sold. The successful bidder shall make a deposit of ten percent (10%) of the successful hid at the time of sal; prnvided, the Trustee may waive this requirement. 9. That he hereby represents artJ warrants to Lender that there are 'no materials (herciIWRer callrctirely called 'Special Materials') Presently located on or near the premises which, under federal, stale or local law, statute, ordinance, regulation or standard, or administrative or cuun order or decree or private agreenicut (herehialler collectively called 'Envirounestal Requhentents"). require ' special handling In use, generation, collection, sturage, treaulhcnt or disposal, of payment of Coots associated with responding to the lawful directives of any court or agency of competent jurisdiction Of fur ainrllar ecunonhic loss. Such Special Materials Include those that violate any national or local contingency plan or the release or threatened release of which rosy viulrte or create liability under the Envlronnnentl Requirements. Such Special Materials also Include (a) asbestos in any form, (b) urea furmaldchyde fuarn Insulation, (C) paint cuutaining lead or (d) transformers or other equipment which contain dielectric fluid cuntaining pulycldorhtated biphetmyls (wmunonly referred to as 'PCBs'). Undersigned further rcprescuts and warrants to Lender that the premises arc nut now being used iwr have they ever been used In the past fur de activities including to use, grnmcration, cullection, storage, IFUtHICIII or disposal of any Special Materials, and in Particular, without limiting to SCIVI'ality of the foregoing, the premises are not now being used nor have they ever been used in the past .for a landfill, surface impoundment or other area for the treatment, storage or disposal of solid waste (including solid waste such as sludge). Undersigned will not place or permit to be placed any such Special Materials on or near to premises. Nothing herein shall be deemed to prohibit or restrict to use, collection, storage, treatment or disposal In a manner consistent with applicable Favirormhrmal Requirrnients, of losimicides, herbicides, or other pesticides, ferlilizcrs of petroleum products (including gasutlte, motor fuel, crankcase oil, healing ell) as parr of Ilse agricultural operations now at hereafter conducted by time Undersigned tart the prtituises in a gooJ and husbarxilike manner. Undersigned further represents and warrants to Lender that there are no wells or septic tanks or other underground tanks (whether currently in use or abandoned -in -place) on the premises serving any other property and that there are no wells or septic tanks on other property serving the premises. If at any time it Is determined drat there are Special Materials located on the premises which under any Environmental Requirement require special handling III use, generation, collectiun, storage, Irealounl or disposal. Undersigned shall, within 30 days after having ohtahwd actual knowledge thereof, take or.cause to be taken, at 1111dersigricd's rule expcnsc, such actions as may he necessary lu eonhply Willi all L?nvhuthtnenlal Rcquirerthctus. If Undersigtwil shall fail to take such actkm, Leader may make advances or payments towards performance or satisfaction of die same but shall be under no obligation so to flu; slid all runts so advanced or paid, including all sums advanced or paid In cuimccliun with any judicial or administrative invesligatlun tar proeecding relating thereto, including, without limitation to site extent permitted by applicable law, reasonable attorneys' fees, Mars, or other penalty payn►ents, shall be at once repayable by Undersigned and all sums so advanced or paid shall become a part of the httlebtedness secured hereby. Failure of Unclirsigned to comply with all Environmental Requirements shall constitute and be a default under this mortgage. Undersigmd hereby agrees to indemnify and hold Letter harmless to the extern permitted by applicable law for all loss, liability, damage, cost and expenses, including reasonable attorneys *fees, for failure of the prendses to comply in all respects with the Envirumnental Rrqulrvinci star a breach by Utxlcrslgnrd of any represcntalion, warranty or agreement herein. THE COVIENAN'I'S, A(1R11:NIENTS, REPRESENTATIONS. WARRANTIES ANU INDEMNITIES OF LINDERSI(iNkD CONTAINED IN TIIIS PARACRAI'll SIIALL SURVIVE TILE OCCURRENCE OF ANY EVIEN'r WIIA'l'SOI:VI:R, INCLUDING Bu'r NUT LIMITED TO, THE PAYOFF OP THE NOTES) SECURED HEREBY, THE RELEASE OR FORECLOSURE -OF THIS MORTGAGE, OR THE ACCEPTANCE BY THE LENDER OF A DEED IN LIEU OF FORECLOSURE. 10. Trustee shall apply the proceeds of any sale made under authority granted herein against the following: a. All costs of said sale, including the charges for advertising and a reasonable commission not to exceed live percent (5%) of the amount for which the property is sold, or if the right of redemption is exercised or the account Is re -Instated, five percent of the amount of the secured debt or the highest bid received at foreclosure sale, whichever Is greater, as eompersatlon for the services of the Trustee; b. All taxes, claims, charges, liens, Assessments, Judgments and coats of maintessaice and repair advanced by Lender under the terms of this instrument, with interest thereon as herein set out. c. All taxes on, or which are liens against, slid all claims and charges against the property, outstanding, unpaid and payable, If sale is not made subject thereto; d. The principal and interest of the original indebtedness and all subsequent indebtedness hereby secured; e. The remainder, if any, of de proceeds of sale shall be paid to Undersigned, or as otherwise provided by law. If the proceeds of any such sale shall not be sufficient to pay the total indebtedness hereby secured, with all Trustee's commissions, expenses, gosh, taxes, charges, claims, assessments, liens, judgments, repairs and maintenance, as herein set out. Borrower shall be liable to Lender for the balance due after the application of the proceeds of the sale as herein provided, and may be sued for such balance in any court having jurisdiction. 11. if Trustee is named as a'party to any civil action as Trustee in this"4ced of trust, the Trustee shall be entitled to employ an attorney -at -law, incuding Trustee, if a licensed attorney, to represent Trustee in said action and reasonable attorneys' fees shall be paid by Leader and added to the principal of the note or notes secured hereby and bear interest at the highest current rate provided in any note. 12. if Burrower shall pay all installments of primilial and interest as set forth in the said imic and in any subsequent note or notes and/or other payment evidence of Indchledness secured hereby and in this deed of trust and shall comply with all of the terms, covenants and sonditkms hereof, then this deed of trust slmall become null sod void. 13. The term "land" as useJ in this instrumtent includes all bees, timber, shrubbery, Ilxiures and improvements now and hetesfiet on the land described In this Instrument. Any agent or representative of Lender may enter upon said land at any time for any purpose desired by Lender. 14. Accounting procedures employed by Lender arc for it internal record keeping and shall not be interpretive of the legal right and duties of die parties. IS. As A cotxlitlan hereof and as part of the consideration for the present loan and any future advances secured hereby, all amount that mrty hereafter be awarded for condemnation oT and tonious injury to. any of the hand herein described are hereby assigned and shall be payable unto Lender for application, after payment therefrom of attorneys' fees and expenses Incurred in connection therewith, on such part of the total Indebtedness secured hereby as Lender may determine. with no duty on Lender to tolled sarrie. Page 3 of k V0LVJ 1P13"119 16. As a condition hereof and as part of the consideration far the present loan and any future advances secured hereby. all rents, royalties, profits and any other income accruing front tie land herein described upon and during default under this instrument or the said note are hereby assigned and shall be payable unto Lender for application upon such part of the total indebtedness secured by this instrument as Lender may determine, with the right in, but no duty upon. Lender to collect same. Leader shall have the right, exercisable at Its discretion so' long as this deed of trust is In force and effect, to den and in writing the assignment of and transfer to Lender, its successors and assigns, and Undersigned hereby agrees to so assign and transfer, any and all rents, profits, royalties, Income or other consideration to he paid or accruing to Undersigned from any oil, natural gas, mineral. timber, leasehold or other interest of any kind and nature whatsimver, derived from, connected with or affecting the within described real property but not otherwise subject to, conveyed and/or secured by this deed of trust, with tine right, but no duty, upon Lender, its successors or assigns to collect same. 17. As a condition hereof and as part of the consideration for the present loan and any ruture advance secured hereby. Borrower hereby waives and renounces for himself, his heirs, administrators or executors, successors and assigns, all rights that now exist, or that may herealler exist, under the laws of the State of North Carolina, in the event of suit against Borrower for any deficiency in the debt hereby secured, alter foreclosure sale by the Trustee, or otherwise of the land herein described, to show as defense or setoffs the alleged fair worth of said land; the Burrower agrees to pay the full amount of the total indebtedness secured at any time by this deed of trust, and late fill arnounn of ally deficiency therein that may be established by the foreclosure sale of the lard herein described, wW=t defense or set-off on account of the alleged fair worth or said land. Ia. if the Trustee or his successor(s) shall die, resign, become mentally or physically incompetent or otherwise disqualified, refuse to act, or if a new 1'rustce is desired by Leader or its successor(q) or assigns, Lender, or its successor($) or assigns, shall have the right, by paper writing duly executed and. registered, to name and appoint another Trustee in the place and stead of the Trustee herein named and appointed. which new trustee shall have all the duties, rights, powers and privileges of the original Trustee, and the expense of such paper writing and rcgistrmiun shall he paid by Borrower immediately upon demand, and if not so paid, same may be advanced by Lender. Its successur(s) or assigns, and shall become a pan of the Indebtedness secured hereby and may bear Interest at the highest rate provided in any note or other instrument secured hereby. 19. As a condition hereof and a$ part of the consideration for the present loan and any future advances secured hereby, all obligatiuus, assignments, releases of real property and/or personal liability, reamonizations, renewals, deferments, extensions or any other agreement, In writing, made or entered Into with Lender by any one or more of the Borrowers, by any party or parties obligated (primatily or ntherw'lse) to pay any or all of the indebtedness secured hereby, or by any party or parties who have given security of any kind for any or all of the Indehicdtess secured hereby are hereby authorized and consented to by Borrower and Undersigned and shall extend to and be binding upon die heirs, executors, administrators, successors and assigns of the Borrower and undersigned. 20. As a condition hereof and as part of air conAdcration fitr the present loan and any future advances secured hereby, if conveyance. transfer, or other dispositlon should he made, voluntarily or involuntarily, of the property herein described, or any pan thcrrof, without the written consent of the Lerider, then and in that event, and at the option of'tM lender ard.wlthoul ntotice to the Borrower or Utitlersigned, all suns of money secured hereby shall immediately and concurrently with such conveyance become dire and payable and in default whetter the same are so due and payable and In default by the specific terms hereof or Fiat. 21. A default under this Instrument or under any other instrument heretofore or hereafter executed by Undersigned or Borrower to Lender or for the benellt of Lender, shall at the Option of Lender constitute a default trader any one or more or all huitimmew executed by Undersigned or Borrower to Lender, or for Lender's benent. 22. All rights, powers, privileges, opflons and remedies conferred upon and given to Lender are cumulative of all other remedies and i rights allowed by law, and may be pursued concurrently, and shall extend to and may be exercised and c*yed by the successors and assigns of Lender, and by any agent, officer, attorney or representative of Lender, its successors or assigns. All obligatk= and IIundertakings of, and asslgnunents by Undersigned or Borrower valor any other parties hereto or hereunder shall extend b and be Matting upon heirs, executors, ttdmlaistrators. successors and assigns of UWersigne0 ardlor Borrower. and/or any odder parties. IN TESTIMONY WHEREOF, the Undenignld bat duly executed the foregoing Lswument, the day and yell heat above wrltlen.l Signed. Sealed wd Delivered In the presence of: WITNESS: WITNESS; a 1P. slat: iah z A*Adtak SEAL) (SEAL) (SEAL) 'SEAL) (SEAL) (SEAL) STATB OF NORTHLINA Sampson ACKNOWLJMK3MEN'I' BY INDIVIDUAL COUNTY OF ) I. Vickie 0. Giddens ' , being duly authorized to take acktowledgments of deeds, etc., in North Carolina, do hereby certlfj that -� personally appeared before me this day and acknowledged the due execution f the foregoing instrument. y hand and official seal, this the _ .y' day of one 2000 Vickie D. Ciddene VLrk&„, %• 9-26-2000 Notary Public _ Title of Officer Si C ,. �r 'rn,,'Ito , ` STATE OF NORTH CAROLINA ACKNOWLEDGMENT BY INDIVIDUAL COUNTY OF I, _.__— , being duly authorized to take acknowledgments of deeds, etc., in North Carolina, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Instrument. WITNESS my hand and official seal, this the' day of (Official Seal) r My Commission expires: Signature of Officer Title of Officer STATE OF NORTH CAROLINA ) COUNTY OF j ACKNOWLEDGMENT BY CORPORATION certify that personally cum before me this day and acknowledged that he/she Is ..._ of __..._._�..�.�._...._ a corporation, and that by authority duly givers and as the act of the corporation, the foregoing Instrument was signed In Its name by Its , sealed with its corporate seal, and attested by him(her)sdf as its WITNESS my hand and official seal, this the day of , (Official Seal) My Commission expires: Signature of Officer Title of Officer STATE OF NORTH CAROLINA COUNTY OF S&MLPSOVI ` The foregoing certificate(i of Kilt ` Is On) certified tc be correct. This instrument was presented for registration this day and hour and duly recottled In the office of the Register of Deeds of f� County, N.C. In Book 13 L ( - r f l . This —1�� day of A.D.2_.�t>,� _ at�t3g o'clock A. M. Arm- 41. S)RAWO� ;-eu- Byt- j.1fo -IS-M111-h !q Register of Deeds Deputy/Aaw:on Register of Deeds Recorded and verified: NORTH CAROLINA, SIMAT50IJ COUNTY I HEREBY CERTIFY that the within instrument was filed and lodged for record in my office at 7:3p !!sM o'clock on the'N . day of__. _...........,'Line)._ 2DO , and duly recorded in Book.l3fr1__ at Page id t Register of Deeds sof: r ► °"��•••'•• NORTH CAROLINA �IOti13�1F, �� 1iGl - Real.trf. tie UNIFORM COMMERCIAL CODE — FINANCiNG STATEMENT UCC•1 IlsttAO IkaT11YCtIONa ON SACK e9Ft1119 COM'LaTINeI TMIa FORM) 79191 � .n.ai rru his FINANCING STATEMENT it presented to a Filing Officer for Na.or AdeH�onal ilino pursuant to the Uniform Commercial Code. j Shee,. Prewnpd; 11 Debtor(t) Ilan Name ►nd Addr.nle►� . ICI Secured PertyGesl gP1666 IN.m.bl Aa{d Adwenl.q: M + {Wua. trwl (J J\ ,iatovich. Marshall G. Cape Fear Farm Credit, ACA NO, alatovich. Cynthia P. P. o. Box 55i3 PRESENTED FOR REGI TRATION 10 Heaver Dam Road Clinton. North Carolina 28329 [iATE + Linton{ North Carolina 28338 T[ME { 31 Ia) Collateral Is or includes fixture:. 01 Anigneels) of Secured Party, AdWeMoo MAE 1•I. TROUBLEFIELD Ibl Timber, Minerals or Accounts Subject REGISTER OF DEEDS a G.S. 25-9-10316) are covered SAMPSON COUNTY (cl O Crops Are Growing Or To Be Grown* Fov CLINTON, N C ,n Real Property Described In Section 15). Flling +tail ei�clugl 9iKoro wni io in NCtion (s). e rwl Officer 5) This Financing Statement Coven the Fallowing typos [or items) of property. See Pager 2. *On Farm Collateral Filing, Name County Debtor Resides In � Products of the Collateral Are Also Covered. (Cannotbe Filed unless County is named.) 3) Signatures. Debtorlsl Secured Partyiin) Jar Assigneaa See Attached Page 2 for Signatures -Cape^#r Fares CrqAt. CA (gy) Signature of Secured Party Permitted in Lieu of Debtor's SiGutun: Standard Form Approved by N.C. Sac. of Statr [ 11 collateral ral is Subject to Set;trity Interest in Anotltter Jurirdk9lon Revised 11-90 ❑Collateral Is Brought Into This State CI Debtor's Location Charoged To This State H FiLtM41>ffICIR DOPY IkI�RICAL (21 For Other Situations See: G.& 211" "M (31 I J I m • ti . e, Water Resources r Environmental Quality REGEiVED DEQIDWR MAR 16 2017 WQROS FAYETTEVILLE REGIONAL OFFICE March 13, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Deleon Bass Deleon & Ed Bass Farm 375 Pearson Rd Clinton, NC28328-8328 Subject: Notice of Deficiency Deleon & Ed Bass Farm Permit Number AWS820099 Sampson County Dear Permittee, ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee {$ 2016PR006189 8/5/2016 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd- !'r-Notlhing Compares._,_,,. State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, 06, �. Debra I. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS820099) RECEIVED DEQIDWR k JUN 0 7 2ov WQROs Water Resources FAYETTEVIU-E REGMAI OFRCE Environmental Quality June 1, 2017 CERTIFIED MAIL RETURN RECEIPT REOUESTED Deleon Bass Deleon & Ed Bass Farm 375 Pearson Rd Clinton, NC28328-8328 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Notice of Violation/Notice of Intent to Enforce Deleon & Ed Bass Farm Permit Number: AWS820099 Sampson County Dear Permittee, You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated March 13, 2017. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The following invoices are outstanding: Invoice Number Due Date Outstandin Fee ($ 2016PR006189 8/5/2016 180 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more than $25,000 per day per violation against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (9I9) 807--6316 -contd- -`: � Nolhinq Compares'---. State of North Carolina j Environmental Quality I Division of Water Resources Water Quality Re0onal operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Please be advised that nothing in this letter should be taken as removing from you the responsibility or Iiability for failure to comply with any State Rule, State Statue or permitting requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Program staff at (919) 707-9I 29. Sincerely, ak'x" j - C'A Debra I Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWS820099) q ���r ,. 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