820187_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

ROY COOPER
MICHAEL S. REGAN
S-Terary
UNDeA CULPEPPER
lnrerbn abectar
Ben Warwick
Ben Warwick Farm
1897 Wilson Road
Clinton, NC 28328
Dear Mr. Warwick:
NORTH CAROLINA
ghlidm mental Quaftry
September 4, 2018
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SEP 0 7 2018
1VQR0S
FAVEiiM, t Fmr,InSdALOFFICE
RE: Acknowledgment of Receipt of Payment
Case No.: DV-2018-0031
Farm No.: 82-0187
Sampson County
This letter is to acknowledge receipt of your check No. 1381 in the amount of $5,851.17
on September 4, 2018. This payment satisfies in full the civil assessment in the amount of
$5,851.17 levied against Ben Warwick and the case has been closed. If you have any questions,
please call me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources, NCDEQ
cc: WQROS- Fayetteville Regional Office
File # DV-2018-0031
WQROS Central Files (AWS820187)
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North Carolina Department of Environmental Quality( Division of Water Resources IAFOGW Section
512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

Water Resources
Environmental Quality
February 21, 2018
Mr. Ben Warwick
1897 Wilson Road
Clinton, NC 28328
SUBJECT: Operator Certification Show Cause Meeting
Ben Tomas Warwick
Certification No. 998825
Dear Mr. Ben Warwick:
ROY COOPER
Governor
MICHAEL S. REGAN
LINDA CULPEPPER
Irrierim Director
Thank you for attending the show cause meeting on February20, 2018 at the Fayetteville
Regional Office of the Division of Water Resources. Based on your answers to the questions
that were asked during this meeting, we will not be referring this matter to the Water Pollution
Control Systems Operator Certification Commission for disciplinary action at this time.
Please note that it is important that you be familiar with your farm's Animal Waste Permit
(AWS820187) and that you maintain all required records and logs as required by this permit.
Please consider re -taking the Animal Waste Operator Certification School to help ensure that
you fully understand the permit.
If you should have any questions concerning this matter,. please do not hesitate to contact Mark
Brantley or myself at [phone].
Sincerely,
,SAKI
Trent Allen,
Regional Supervisor
.WQRO Section
Fayetteville Regional Office
cc: Beth Buffington, Operator Certification Program
WQROS-FRO File
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State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699.161 1
919-707-9000
1

RECEIVED
BEN WARWICK
1897 W I LSON RD.
CLINTON, NC 28328
January 30, 2018
Mr. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
North Carolina Division of Water Resources
225 Green St, Suite 714
Fayetteville, NC 28301
Dear Mr. Allen,
FEB 02'::.3
WQROS
FAYETiEVII.I_F QFrInNAL r7FICF
In response to your NOTICE OF VIOLATION/NOTICE OF INTENT dated January 19, 2018 and
received by me on January 27, 2018 (due to incorrect address) for Ben Warwick Farm,
AWS820187, I submit the following responses to the violations and explanation of the incident
and corrective action.
On Saturday, December 16th at 5:00 pm I started an irrigation event on pull 3. 1 checked the
reel at 7:00 pm, 9:00 pm, 11:00 pm and 12:00 am. I intended to return at 2:00 am to turn the
pump off, the time I determined the gun cart would be fully retrieved. I went back home and
unfortunately fell asleep while waiting. 1 awoke at 5:00 am on December 17th and went directly
to the farm and turned off my irrigation pump. I then went home and returned to the farm at 9:00
am. I went to the reel and observed some water ponded around the reel but did not see where
any water had run-off from the sprayfield. I had no idea there had been any runoff.
Violation 1:
Failure to prevent discharge of waste to surface waters or wetlands.
1. 1 will make certain that I am present as much as possible while applying waste. If I irrigate at
night (I work off the farm) I will be close by and will stay with the reel if it is late. I also plan to
place a timer on my pump so that it will shut off at a designated time.
Violation 2:
Failure to notify DWR of a failure of any component of the animal waste system resulting in a
discharge as soon as possible, but within 24 hours.
At 9:00 am on the morning. of December 17th, I went to the reel and observed some water
ponded but did not see where any water had run-off from the sprayfield but I did not walk into
the adjacent woods, which are on my property. I should have done so because I never knew
any waste had left the sprayfield until notified of your phone call by Curtis Barwick, my technical
specialist. If I had walked into the woods and had seen the discharge, I would have notified your
office as my permit requires.
2. In the event another discharge occurs I will notify DRW immediately
Violation 3:
Failure to perform required 120 minute inspections per my CAWMP.
3. 1 will make the required 120 minute inspections and continue to document them on my IRR-1
sheets.

Violation 4:
In no case shall land application rates result in excessive ponding or any runoff during any given
irrigation event.
4. As stated above I plan to be present as much as possible during application so that I can
observe any issues regarding over -application. I am having my Technical Specialist provide an
application sheet for each riser/pull denoting maximum run-times per 24 hrs.
Violation 5:
A vegetative cover shall be maintained as specified in the facility's CAWMP on all land
application fields...... however if the CAWMP allows, then waste may be applied up to 30 days
prior to planting or breaking dormancy.
5. This was the first application made to the winter overseed. The small grain overseed was
planted on December 23, 2018 which would make this application within the 30 day pre -plant
window.
1 regret the incident took place and will continue to monitor my entire waste collection and
application system. I sincerely hope that my response and the changes made to my operation
will be taken into account as you investigate this incident. Thank you for your attention to this
matter.
Sincerely,
&Av�)6�/w
Ben Warwick

FAYETTEVILLE Regional Office
DWR / WOROS - Meetin
February 20, 2018
SIGN-UP SHEET
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Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 1870 0003 4774 7501
Mr. Ben Warwick
1819 Wilson Road
Clinton, NC 28328
SUBJECT: Show Cause Meeting
Ben Tomas Warwick
Certification No. 998825
Dear Mr. Ben Warwick:
ROY COOPER
Grovernor
MICHAEL S. REGAN
Secrerrrry
LINDA CULPEPPER
Interim Dir•eclor
You are requested to attend a Show Cause Meeting to be held at the Fayetteville Regional
Office on Tuesday February 20, 2018 at 10:30 am. This meeting is to allow you an opportunity
to explain the circumstances involved in the operation and maintenance of the Ben Warwick
Farm, permit number AWS820187. Specific items to be discussed will be:
1. Failure to prevent discharge of waste to surface waters or wetlands. (Permit No. AWG 100000
Section Conditions I 1 and 12)
2. Failure to notify Division of Water Resources of a failure of any component of the animal waste
management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No.
AWG100000 Section III. 13a)
3. Failure to perform required 120 minute inspections per your Certified Animal Waste
Management Plan. (Permit No. AWG 100000 Section 11 # 17)
4. In no case shall land application rates result in excessive ponding or any runoff during any given
application event. (Permit No. AWG 100000 Section 11 #5)
5. A vegetative cover shall be maintained as specified in the facilities CAWMP on all land
application fields and buffers in accordance with the CAWMP. (Permit No. AWG100000 Section
It #2)
This meeting has been prompted by information obtained during an site visit conducted on
December 18, 2017 at the Ben Warwick Farm. Pursuant to 15A NCAC 08G .0801, disciplinary
actions against a certified operator may result from any of the following actions of the operator:
a) practicing fraud or deception in the performance of duties;
b) failure to use reasonable care or judgment in the performance of duties;
c) failure to apply their knowledge or ability in the performance of duties;
d) incompetence or the inability to perform duties;
e) supplying false information in order to obtain or maintain certification; or
---'Nothing Compares..,,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina'_7699-1611
919-707-9000

f) cheating on a certification examination.
You are asked to bring all pertinent information, including but not necessarily limited to, ORC
logs, data sheets, maintenance records, field notes, letters to the owner that demonstrate you
have, at a minimum, met the responsibilities of an operator in responsible charge (ORC) as
described in the Rules (15A NCAC 08G .0204). ,
Of particular interest is documentation supporting your efforts to:
visit the system as often as is necessary to insure the proper operation of the
wastewater treatment facility,
operate and maintain the system to insure compliance with any permit(s) as well as any
other applicable local, state, and federal environmental permitting and regulatory
requirements,
document the operation, maintenance, and visitation of the system in a log that must be
maintained at the system,
You are asked to respond in writing, within ten (10) days of receipt of this letter, as to whether
you will attend this Show Cause Meeting.
If you should have any questions concerning this matter, please do not hesitate to contact Mark
Brantley or myself at [phone].
Sincerely,
Trent Allen,
Regional Supervisor
WQRO Section
Fayetteville Regional Office
cc: Operator Certification Program

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ROY COOPER
Goy+ "W
MICHAEL S. REGAN
Stc�rary
LINDA CULPEPPER
Inhilm 01miOf
NORTH CAROLINA
EnlrinonmandQuaaty
August 13, 2018
CERTIFIED MAIL - #70151520 0000 7838 4849
RETURN RECEIPT RE UESTED
Ben Warwick
Ben Warwick Farm
1897 Wilson Road
Clinton, NC 28328
Dear Mr. Warwick:
pECEwtu
EQIDWR
AUG l S uis
FAY iu-I
Subject: Request for Remission of Civil Penalty
Case No. DV-2018-0031
Farm # 82-0187
Permit Number AWS820187
Sampson County
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of your
request for remission and did not find grounds to modify the civil penalty assessment of $5,851.17.
A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your
receipt of this letter to the attention of:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
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7k E7� �Q
North Carolina Department of Environmental Quality I Division of Water Resources I AFOGW Section
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

y
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact me
at [phone].
Sincerely,
ot V"'- J. ��*
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Attachments
cc: Fayetteville Regional Office WQROS
File # DV-2018-0031
WQROS Central Files (AWS820187)

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2018-0031 Region: Fayetteville County: Sampson
Assessed Entity: Ben Thomas Warwick Permit: AWS820187
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
The irrigation system was started, and the operator left to go home and fell asleep. 1 don't think this can be
considered inadvertent or an accident. Mr. Warwick has recently retaken the 10 hour OIC class to refresh his
knowledge ofhis responsibilities as the certified operator.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The owner has only owned this farm a short time and does not have any previous violations.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes❑ No ❑
Partial Remission ❑ (Enter Amount Remitted)
Q d
i da Culpepper Date
0
rev 1.0 — &.31.09

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
BEN THOMAS WARWICK
DWR Case Number: DV-2018-0031
REQUEST FOR ORAL PRESENTATION
1 hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my orieinel remission request, and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.nebar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a comoration. Partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
gnnd this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( I

KE;EIVED
DEQIDWR
JUN 0 5 2018
Water Resources
Environmental Quality WQMS
June 1, 2018
Ben Warwick
Ben Warwick Farm
1897 Wilson Road
Clinton, NC 28328
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Remission Request
Farm # 82-0187
Sampson County
File No. DV-2018-0031
Permit No. AWS820187
Dear Mr. Warwick:
This letter is to acknowledge receipt of your request, on June 1, 2018, for remission of the civil
penalty levied against the subject facility. The Director of the Division of Water Resources will
review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please' call me at [phone].
Sincerely,
Pressa PDGaroma
Animal Feeding Operations Program
Division of Water Resources, NCDEQ
cc: Fayetteville WQROS Regional Supervisor
File # DV-2018-0031
WQROS Central Files (AWS820187)
:">"Nothing 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

Violator:
Farm Name:
Contact Person:
Address:
Facility #:
Receiving Stream:
Classification:
Regional Office:
Inspector:
Report Prepared By:
Date:
Case Narrative:
DIVISION OF WATER RESOURCES
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Mr. Ben Thomas Warwick
Ben Warwick Farm
Ben Warwick
1897 Wilson Rd. Clinton, NC 28328
AWS820187
Unnamed tributary Great Coharie Creek
Class C, SW
Fayetteville
Bill Dunlap
Bill Dunlap
March 8, 2018
On December 18, 2017 the North Carolina, Department of Environmental Quality, Division of Water
Resources received notification from a member of the public by telephone that swine waste had flowed
from a spray field on the farm of Mr. Ben Warwick on Honrine Road near Clinton. Division staff (Bill
Dunlap) responded by visiting the farm, determining that waste had indeed left the spray field in question
and documented the same by photograph and samples. Staff notified Curtis Barwick (technical specialist
for the farm) of the spill and our intent to investigate further that day, Monday December 18, 2017.
On December 18, 2017 staff collected water samples in the presence of Technical Specialist Curtis
Barwick. The volume of waste discharged was estimated to be approximately 13,645 or more gallons.
Staff discussed the events with Mr. Warwick and Mr. Barwick and notified them of permit conditions that
require the permit holder to conduct certain activities when one has a discharge. Division staff wishes to
thank Mr. Ben Warwick, Mr. Curtis Barwick and Mr. Ronnie Brewer for their assistance in this
investigation.
Staff collected the samples and preserved them as appropriate between 12:01 PM and 1:00 PM. Bill
Dunlap then proceeded directly to MICROBAC, arriving at 3:27 PM.
According to maps found at http://water/weather.gov/precip/, no rainfall had occurred in the area in the 14
days prior to the incident. The weather was clear and dry the day of the investigation.
Farm and/or Company Compliance History:
A NOV was issued on June 30, 2010. NOV 2010-PC-0778 was issued for failure to pay annual
fees (N.C.G.S. 143-215. Permit No. AWS820064) (Section V. 5.). A NOV was issued on June
16, 2005 for application of waste during a rainfall event (N.C.G.S. 143-215. Permit No.
AWS820064) (Section II. 22.) Both of these violations occurred during a prior owner.
Violator's degree of cooperation (including efforts to prevent or restore)_ -recalcitrance:

Mr. Warwick was very cooperative during the investigation. Mr. Curtis Barwick assisted staff in
collection of samples.
Mr. Warwick issued a press release, as required, which was published in "The Sampson
Independent" on December 20, 2017.
Fish kill observed? Y/N If yes, include report from WRC:
No fish kill was observed.
Mitigating Circumstances:
Not applicable.
Recommendation:
The Fayetteville Regional Office is recommending assessment of civil penalties pursuant to G.S.
143-215.6A.
Assessment Factors required to be considered by G.S. 143B-282.1(b):
The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from violation:
In reference to the cited violation, no harm to the natural resources of the State was observed, to
the public health, or to private property was documented. DWR estimated about 13,645 gallons
or more of animal waste ran off into the adjoining creek.
The duration and gravity of the violation:
Approximately 3 hours.
The effect on ground or surface water quantity or quality:
The effect on groundwater quality was not measured. Visual and analytical evidence confirmed
that wastewater (at least 13,645 gal. estimated) was discharged from the spray field. The
downstream water sample showed nutrient, BOD and fecal coliform levels above the normal
range.
The cost of rectifying the damage:
This factor cannot be determined because no data exists to establish the presence or extent of
damages.
The amount of money saved by noncompliance:
No monetary savings can be determined.
Whether the violation was committed willfully or intentionally:
The permitee failed to conduct 120 minute inspections as required, a negligent act, therefore the
incident might not have been willful or intentional, it certainly could be considered such.
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:

As mentioned previously, prior violations at this farm were under a different ownership.
Summary of Enforcement Cost:
The cost to the State of the enforcement procedures:
Staff, Dunlap 16 hours @ $27.99 /hr.
$
447.84
Supervisor, Allen 1hours @ $45.68/hr.
$
45.68
Certified Mail 1 @ 6.56
$
6.56
Samples-Microbac
$
60.00
Samples — State Lab
$
149.36
Central Office Administrative Cost
$
100.00
Mileage-1 trip, total 107 mi@ $0.39
41.73
Total $ 851.17

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
IN THE MATTER OF
BEN THOMAS WARWICK
FILE NO.2018-DV-0031
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF ) CIVIL PENALTIES
NORTH CAROLINA }
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, I, Jon Risgaard, Chief
of the Water Quality Regional Operations Section of the Division of Water Resources (DWR),
make the following:
FINDINGS OF FACT:
A. Ben Thomas Warwick owns and operates Ben Warwick Farm, a swine operation
located along 1305 Honrine Road, Clinton, NC in Sampson County.
B. Ben Thomas Warwick was issued Certificate of Coverage AWS0820187 under
General Permit AWG100000 for the Ben Warwick Farm on October 1, 2014,
effective October 1, 2014, with an expiration date of September 30, 2019. This
permit does not allow the discharge of waste to waters of the State.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out
any of the following activities unless the person has received a permit from the
Commission and has complied with all the conditions set forth in the permit: made
any outlets into the waters of the State."
D. Condition No. I.1 General Permit AWG 100000 states in part that "Any discharge
of waste which reaches surface waters or wetlands is prohibited except as otherwise
provided in this General Permit and associated statutory and regulatory provisions.
Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyances, direct application and direct discharge or through ditches not
otherwise classified as State waters."
E. Condition No. I. 2 General Permit AWG 100000 does not allow the Permittee to
cause a violation of any of the water quality standards established pursuant to

Title 15A, Subchapter 2B of the N C Administrative Code and Title 15A,
Subchapter 2L of the N C Administrative Code.
F. Condition II1.13a of the General Permit AWG 100000, The Permittee shall report
by telephone to the appropriate Division Regional Office as soon as possible, but
in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: failure of any component of the animal
waste management system resulting in a discharge to ditches, surface waters, or
wetlands.
G. Condition II 17 of the General Permit AWG 100000 Failure of the Operator in
Charge (OIC) or a person under the supervision of an OIC to inspect the land
application as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP. In no case, shall the time between inspections be
more than 120 minutes during the application of waste. A record of each
inspection shall be recorded on forms supplied by, or approved by, the Division
and shall include the date, time, spray field number and name of the operator for
each inspection. Inspection shall include but not be limited to visual observation
of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste.
H. Condition II 5 of the General Permit AWG 100000 in no case, shall land
,application rates result in excessive ponding or any runoff during any given
application events.
I. Condition I12 of the General Permit AWG100000 Section II #2 A vegetative cover shall
be maintained as specified in the facilities CAWMP on all land application fields and
buffers in accordance with the CAWMP. No waste shall be applied upon areas not included
in the CAWMP or upon areas where the crop is insufficient for nutrient utilization.
However, if the CAWMP allows, then waste may be applied up to 30 days prior to planting
or breaking dormancy.
On December 18, 2017 the North Carolina, Department of Environmental Quality,
Division of Water Resources received notification from a member of the public by
telephone that swine waste had flowed from a spray field on the farm of Mr. Ben
Warwick on Honrine Road near Clinton. Division staff (Bill Dunlap) responded by
visiting the farm, determining that waste had indeed left the spray field in question and
documented the same by photograph and samples. Staff notified Curtis Barwick
(technical specialist for the farm) of the spill and our intent to investigate further that day,
Monday December 18, 2017.
On December 18, 2017 staff collected water samples in the presence of Technical

Monday December 18, 2017. Further, On December 18, 2017 staff collected water
samples in the presence of Technical Specialist Curtis Barwick. The volume of waste
discharged was estimated to be approximately 13,645 or more gallons. Staff discussed the
events with Mr. Warwick and Mr. Barwick and notified them of permit conditions that
require the permit holder to conduct certain activities when one has a discharge. Division
staff wishes to thank Mr, Ben Warwick, Mr. Curtis Barwick and Mr. Ronnie Brewer for
their assistance in this investigation. Staff collected the samples and preserved them as
appropriate between 12:01 PM and 1:00 PM. Bill Dunlap then proceeded directly to
MICROBAC, arriving at 3:27 PM.
D. 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 G.S. 143-215.1 requires a permit.
E. The above cited discharge, violates Condition No. 1.1 of the General Permit
requiring that no animal waste be discharged to surface waters and/or wetlands of
the state.
F. The above cited discharge violates Condition No. I.2 of the General Permit AWG
100000 does not allow the Permittee to cause a violation of any of the water quality
standards established pursuant to Title 15A, Subchapter 213 of the N C
Administrative Code and Title 15A, Subchapter 2L of the N C Administrative
Code.
G. The above cited failure to report by telephone to the appropriate Division
Regional Office as soon as possible, but in no case more than twenty-four (24)
hours following first knowledge of the occurrence of any of the following events:
failure of any component of the animal waste management system resulting in a
discharge to ditches, surface waters, or wetlands violated condition II1.13a of the
General Permit AWG 100000.
H. The above cited failure of Permittee to conduct a visual observation of spray fields,
subsurface drain outlets, ditches, and drainage for any discharge of waste violates
Condition No. I1.17 of the General Permit AWG 100000.
1. The above cited failure to apply waste at rates that did not result in excessive
ponding or any runoff during any given application events violates Condition II 5
of the General Permit AWG 100000.
The above cited failure to maintain a vegetative cover as specified in the facility's
CAWMP. No waste shall be applied upon areas where the crop is insufficient for
nutrient utilization as specified in the facility's CAWMP. violates Condition I12 of
the General Permit AWG 100000.

Specialist Curtis Barwick. The volume of waste discharged was estimated to be
approximately 13,645 or more gallons. Staff discussed the events with Mr. Warwick and
Mr. Barwick and notified them of permit conditions that require the permit holder to
conduct certain activities when one has a discharge. Division staff wishes to thank Mr.
Ben Warwick, Mr. Curtis Barwick and Mr. Ronnie Brewer for their assistance in this
investigation.
Staff collected the samples and preserved them as appropriate between 12:01 PM and
1:00 PM. Bill Dunlap then proceeded directly to MICROBAC, arriving at 3:27 PM.
According to maps found at http://water/weather.goy/precip/, no rainfall had occurred in
the area in the 14 days prior to the incident. The weather was clear and dry the day of the
investigation.
K. Ben Thomas Warwick had no valid permit for the above -described activity.
L. On January 19, 2018 the Division issued a Notice of Violation (NOV/NOI) with
intent to enforce through the civil penalty assessment process to Ben Thomas
Warwi k identifying violations of N.C.G.S. 143-215.1 and Permit No.
8200 a violations include the unlawful discharge of wastes to waters of
t e State.
M. The NOV was sent by certified mail, return receipt requested and received on
January 29, 2018.
N. The cost to the State of the enforcement procedures in this matter totaled $851.17
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Ben Thomas Warwick is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Great Coharie Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. A permit for an animal waste management system is required by N.C.G.S. 143-
215.1.
On December 18, 2017 the North Carolina, Department of Environmental Quality,
Division of Water Resources =om
tification from a member of the public by
telephone that swine waste ha a spray field on the farm of Mr. Ben
Warwick on Honrine Road near Clinton. Division staff (Bill Dunlap) responded by
visiting the farm, determining that waste had indeedCeje spray field in question and
documented the same by photograph and samples. Staff notified Curtis Barwick
(technical specialist for the farm) of the spill and our intent to investigate further that d6,

K. Ben Thomas Warwick 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.
L. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the
reasonable costs of any investigation, inspection or monitoring survey may be
assessed against a person who violates any regulations, standards, or limitations
adopted by the Environmental Management Commission or violates any terms or
conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or
other document issued pursuant to N.C.G.S. 143-215.2.
M. The Chief of the Water Quality Regional Operations Section, Division of Water
Resources, pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
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:
111, DECISION:
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1 and in violation of
Condition I.1 and I.2 of the General Permit AWG100000.
$ for violation of Condition 1I1.13a of the General Permit
AWG100000 by failing to report to the Division of Water
Resources the failure of any component of the Animal Waste
Management System resulting in a discharge.
$ for violation of Condition II 17 of the General Permit AWG
100000 by failure of the Operator in Charge (OIC) or a
person under the supervision of an OIC to inspect the land
application as often as necessary to ensure that the animal
waste is land applied in accordance with the CAWMP. In no
case, shall the time between inspections be more than 120
minutes during the application of waste. Inspection shall
include but not be limited to visual observation of
application equipment, spray fields, subsurface drain outlets,
ditches, and drainage ways for any discharge of waste.

$ for violation of Condition II 5 of the General Permit AWG
100000 by failure to apply waste at rates that did not result
in excessive ponding or any runoff during any given
application events.
$ for violation Condition II 2 for failing to maintain vegetative
cover as specified in the facility's CAWMP. No waste shall
be applied upon areas where the crop is insufficient for
nutrient utilization as specified in the facility's CAWMP
TOTAL CIVIL PENALTY which is percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$ 851.17 Investigation costs assessed
$ TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which
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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a continuing
violation may be considered a separate violation subject to a maximum $25,000.00 per day
penalty. Civil penalties and investigative cost may be assessed for any other rules and
statutes for which penalties have not yet been assessed.

V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Ben
Thomas Warwick in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Jon Risgaard
Animal Feeding Operations & Groundwater Protection
Division of Water Resources

ROY COOP17R
MICHAEL S. REGAN
Water Kesourccs LINDA CULPEPPER
FII631911TICntal Oualit} Itihrr•rnt 1)rr;+e-re,
April 17, 20181..
DIVISION OF WATER RESOURCES
ANIMAL OPERATIONS
ENFORCEMENT CASEREPORT
Violator:
Mr. Ben "Thomas Warwick
Farm Name:
Ben Warwick Farm
Contact Person:
Ben Warwick
Address:
1897 Wilson Rd. Clinton,,NC 28328
Facility #:
AWS820197
Receiving Stream:
Unnamed tributary Great Coharie Creek
Classification:
Class C, SW
Regional Office:
Fayetteville
Inspector:
Bill Dunlap
Report Prepared By:
Bill Dunlap
Date:
Varc 8, 2018
Case Narrative:
l 7
On December 18, 2017 the North Carolina, Department of Environmental Quality, Division of Wa�r
Resources received notification from a member of the public,by telephone that swine waste had flZued�
from a spray field on the farm of Mr. Ben Warwick on Honrine Road near C inton.Avisio"afff(1
Dunlap) responded by visiting the farm, determining ' that waste had the spray field m qu s Ion
and documented the samc by photograph and samples. Staff notified Curtis Barwick (technical specialist
for the farm) of the spill and our intent to investigate further that day, Monday December 18, 2017.
On December 18, 2017 staff collected water samples in the presence of Technical Specialist Curtis
Barwick. The volume of waste discharged was estimated to be approximately 13,645 or more gallons.
Staff discussed the events with Mr. Warwick and Mr. Barwick and notified them ol'pertnit conditions that
require the permit holder to conduct certain activities when one has a discharge. Division staff wishes to
thank Mr. lien Warwick, Mr. Curtis Barwick and Mr. Ronnie Brewer for their assistance in this
Investigation.
Staff collected the samples and preserved them as appropriate between 12:01 I'M and 1:00 PM. Bill
Dunlap then proceeded directly to MICROBAC, arriving at 3:27 PM.
According to maps found at htt ://water/we itliet-. gbv/ reci /; no rainfall had occurred in the area in the 14
days prior to the incident. The weather was clear and dry the day of the investigation.
�'Nothinh,CO.mpare�� _
Stale or North Carolina I Environmental Quality
1611 Mail Service Center 1 Raleigh, North'Carolina'_7699-161 1
919.707.9000

Farm and/or Comnanv Compliance Histo
A NOV was issued on June 30, 2010. NOV 2010-PC-0778 was issued for failure to pay annual
fees (N.C.G.S. 143-215. Permit No. AWS820064) (Section V. 5.). A NOV was issued on June
16, 2005 for application of waste during a rainfall event(N.C.G.S. 143-215. Permit No.
AWS820064) (Section I1. 22.) Both of these violations.occurred during a prior owner.
Violator's degree of cooperation _(including , efforts toprevent or restore) recalcitrance:
Mr. Warwick was very cooperative during the investigation. Mr. Curtis Barwick assisted staff in
collection of samples.
Mr. Warwick issued a press release, as required whic_h"was published in "The Sampson
Independent" on December 20, 2017.
Fish kill observed? Y/N If ves, include report from WRC:
No fish kill was observed.
Mitigating Circumstances:
Not applicable.
-
Recommendation:
The Fayetteville Regional Of'Iice is recommending assessment of'civil penalties pursuant to G.S.
143-215.6A.
Assessment Factors required to be considered bv•G.S: 14313-282.1(b):
The degree and extent of harm to the natural'resource's of the State, to the public health, or
to private property resulting from violation:
In reference to the cited violation, no harm to the natural 'resources of the State was observed, to
the public health, or to private property was documented. DWR estimated about 13,645 gallons
or more of animal waste ran off into the adjoining creek.
The duration and gravity of the violation:'
Approximately 3 hours.
The effect on ground or surface water quantity or quality:
1'he effect on groundwater quality was not measured. Visual and analytical evidence confirmed
that wastewater (at least 13,645 gal. estimated) was discharged from the spray field. The
downstream water sample showed nutrient, BOD and fecal coliform levels above the normal
range.
The cost of rectifying the damage:
This factor cannot be determined because no data exists -to establish the presence or extent of
damages.

The amount of money saved by noncompliance:
No monetary savings can be determined.
Whether the violation was committed willfully or. intentionally:
The permitee failed to conduct 120 minute inspection s'as..required, a negligent act, therefore the
incident might not have been willful or intentional, it certainly could be considered such.
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission" has regulatory authority:
As mentioned previously, prior violations at thissfi=were under a different ownership.
f
Summary of Enforcement Cost:
The cost to the State of the enforcement procedures: r'
Staff, Dunlap 16 hours a $2799 /hr.
Supervisor, Allen I hours a $45.68/hr.
Certified Mail I @ 6.56
Samples-Microbac
Samples — State Lab
Central Office Administrative Cost
Mileage-1 trip, total 107 mi@ $0.39
is
Total
$ 44T84
$ 45.68
$ 6.56
$ 60.00
$ 149.36
$ 100.00
$ 41.73
$ 851.17

, ROY COOPER
3',5•
� ii ,';i,t 1tJ Vf?f'YI/1J'
MICHAEL S. REGAN
LINDA CULPI=I'1'ER
litcrirnnmcnlnl (.lualitV
" t IrrlLtr'inr h>ir ec t„r
• .. ',ii j '!: ,
April I 2.0I8
,r
F
STATE OF NORTH CAROLINA
;. ` +; NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
-id -NATURAL RESOURCES
COUNTY OF SAMPSON
'` '.FILE:NO. 2018-DV-0031
IN THE MATTER OF
BEN THOMAS WARWICK
}.
IFINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
); :.,,,AND ASSESSMENT OF
WATERS OF THE STATE OF
)'. Tp CIVIL PENALTIES
NORTH CAROLINA
WITHOUT A PERMIT
}
Acting pursuant to delegation provided by ; the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, I, Jon Risgaard, Chief'
of the Water Quality Regional Operations Section of the Division of Water Resources (DWR),
make the following:
1. FINDINGS OF FACT:
A. Ben Thomas Warwick owns and operates,!Ben Warwick Farm, a swine operation
located along 1305 Honrine Road, Clinton, NC in Sampson County.
B. Ben Thomas Warwick was issued Certificate of Coverage AWS0820187 under
General Permit AWG100000 for the Ben Warwick Farm.on October 1, 2014,
effective October 1, 2014, with an expirafion date of September 30, 2019. This
permit does not allow the discharge of waste to waters of the State.
C. G.S. 143-215.1(a) states that "no person -shall do the following things or carry out
any of the following activities unless the .person has received a permit from the
Commission and has complied with all the conditions set forth in the permit: made
any outlets into the waters of the State."'+ `
State of North Carolina I Environmental Quality
10 1 Mail Service Center I Rdcigh, North'Carolina 27699-1611
919.707.9000 , �,

L{
D. Condition No. 1.1 General PermG-
it AW•100000 states in part that `'Any discharge
of waste which reaches surface waters or. wetlands is prohibited except as otherwise
provided in this General Permit and -associated statutory and regulatory provisions,
Waste shall not reach surface waters! or wetlands by runoff, drift, manmade
conveyances, direct application' and'�;direct discharge or through ditches not
otherwise classified as State waters.". .;.�:;
E. Condition No. I. 2 General Permit AWG100000 does not allow the Permittee to
cause a violation of any of the water quality standards established pursuant to
Title 15A, Subchapter 2B of the N.0 Administrative Code and "Title 15A,
Subchapter 2L of the N C Administrative Code.
F, Condition III. 13a of the General, Permit"AWG 100000, The Permittee shall report
by telephone to the appropriate Division Regional Office as soon as possible, but
in no case more than twenty-four (24) ,hours following first knowledge of the
occurrence of any of the following evetits: -failure of any component of the animal
waste management system resulting in,a?discharge to ditches, surface waters, or
44
wetlands.
G. Condition 11 17 of the General Permit AWG 100000 Failure of the Operator in
Charge (OIC) or a person under the supervision of an OIC to inspect the land
application as often as necessary;to ensure that the animal waste is land applied in
accordance with the CAWMP. In no case,, shall the time between inspections be
more than 120 minutes during'the application of waste. A record of each
inspection shall be recorded on forms supplied by, or approved by, the Division
and shall include the date, time, spray field number and name of the operator far
each inspection, Inspection shall include but not be limited to visual observation
of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge -of waste.!,
1-l. Condition 115 of the General Permit AWG• 100000 in no case, shall land
application rates result in excessive pondipg or any runoff during any given
application events.
3
I. Condition II 2 of the General Permit AWG100000 Section I1 #2 A vegetative cover shall
be maintained as specified in the facilities CAWMP on all land application fields and
buffers in accordance with the CAWMP. No waste shall be applied upon areas not included
in the CAWMP or upon areas where the crop is insufficient for nutrient utilization.
However, if the CAWMP allows, then waste may be applied up to 30 days prior to planting
or breaking dormancy.

• s1�1
J. On December 18, 2017 the North Carol ina;;Department of Environmental Quality,
Division of Water Resources receive tion from a member of the public by
telephone that swine waste had rom a -spray field on the farm o1'Mr. Ben
Warwick on Flonrine Road near Clinton: -Division staff ill Dui ap b
visiting the farm, determining that waste tia&indeed l�rshe°spmy fief in qL1estt% and
documented the same by photograph and samples. Staff notified Curtis Barwick
(technical specialist for the farm) of the spill;,atid our intent to investigate.further that day,
Monday December 18, 2017,
On December 18, 2017 staff collected watft`samples in the presence ol'Technical
Specialist Curtis Barwick. The volume of:waste discharged was estimated to be
1.
approximately 13,645 or more gallons: Staff'discussed the events with Mr. Warwick and
Mr. Barwick and notified them of permit conditions that require the permit holder to
conduct certain activities when one has a discharge. Division staff wishes to thank Mr.
Ben Warwick, Mr. Curtis Barwick and -Mr: Ronnie Brewer for their assistance in this
investigation. �!
Staffcollected the samples and preserved them as appropriate between 12:01 PM and
1:00 PM, Bill Dunlap then proceeded directly -to MICROBAC, arriving at 3:27 PM.
According to maps found at http://waterlweathcr,govlprecipl, no rainfall had occurred in
the area in the 14 days prior to the incident.•The weather was clear and dry the day of' the
investigation.
K. Ben Thomas Warwick had no valid permit -for the above -described activity.
L. On January 19, 2018 the Division issued a Notice of Violation (NOV/NO]) with
intent to enforce through the civil penalty assessment process to Ben "Thomas
Warwic dentifying violations of N.C.G.S. 143-215.1 and Permit No.
S820U e violations include the unlawful discharge of wastes to waters of
e.
M. The NOV was sent by certified mail; return receipt requested and received on
January 29, 2018. t �'
1
N. The cost to the State of the enforcement procedures in this matter totaled $851,17
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW: F l
A. Ben Thomas Warwick is a "person within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4),
B. Great Coharie Creek constitutes waters.of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6). "
•a

C. A permit for an animal waste management system is required by N.C.G.S. 143-
215.1.
On December 18, 2017 the North Carolina,.Department of 6nviromnental Quality,
Division of Water Resources rec�eived n,,otifligion from a member of the public by
telephone that swine waste had ftiroaci 70% a,spray field on the farm of Mr. Ben
Warwick on 1-lonrine Road near Clinton.• Division st•�j +tlel
W1 wIF) responded by
visiting the farm, determining that waste had ' spray f era in question and
documented the same by photograph and 'samples. Staff notified Curtis Barwick
(technical specialist for the farm) of the sp.illand our intent to investigate further that day,
Monday December 18, 2017.-+iH4ier;-99 December 18, 2017 staff collected water
samples in the presence of Technical Specialist Curtis Barwick. The volume of waste
discharged was estimated to be approximately.13,645 or more gallons. Staff discussed the
events with Mr. Warwick and Mr. Barwick Arid notif led them of permit conditions that
require the permit holder to conduct certaWaetivities when one has a discharge. Division
staff wishes to thank Mr. Ben Warwick, Mr..Curtis Barwick and Mr. Ronnie Brewer for
their assistance in this investigation., Staff collected the samples and preserved them as
appropriate between 12:01 PM and 1:00 PMi Bill Dunlap then proceeded directly to
MICROBAC, arriving at 3:27 PM. 1
,.i.
D. The above -cited discharge constiiuted,making an outlet to waters of the State for
purposes of G.S. 143-215. ] (a)(] ), for which G.S. 143-215.1 requires a permit.
h. The above cited discharge violates Condition No. I.1 of the General Permit
requiring that no animal waste be discharged to surface waters and/or wetlands of
the state.
F. The above cited discharge violates Condition No. 1.2 of the General Permit AWG
100000 does not allow the Permittee to'cause a violation of any of the water quality
standards established pursuant ` to Title' 15A, Subchapter 213 of the N C
Administrative Code and Title 15A, Subchapter 2I. of the N C Administrative
Code.
G. The above cited failure to report by telephone to the appropriate Division
Regional Office as soon as possible, but vino case more than twenty-four (24)
hours following first knowledge of the occurrence of any of the following events:
failure of any component of the animal waste management system resulting in a
discharge to ditches, surface waters, or wetlands violated condition 111.13a of the
General Permit AWG 100000.
1-1, The above cited failure of� Permittee to coriduct a visual observation of spray fields,
subsurface drain outlets, ditches, and drainage for any discharge of waste violates
Condition No. H.17 of the General Permit AWG 100000.

. ki
1. The above cited failure to apply waste; at rates that did not result in excessive
ponding or any runoff during any4given application events violates Condition II 5
of the General Permit AWG 100000.
J. The above cited failure to maintain a vegetative cover as specified in the facility's
CAWMP. No waste shall be applied upon: areas where the crop is insufficient for
nutrient utilization as specified hi the'facility's CAWMP. violates Condition 112 of
the General Permit AWG 100000'. ` t
s . I•.
K. Ben Thomas Warwick may be assessed 'civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides tliat 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' t'o secure a permit required by G.S. 143-
215.1.
L. General Statute 143-215.3(a)(9), and, G.S. 143 B-282. I (b)(8) provides that the
reasonable costs of any investigation, inspection or monitoring survey may be
assessed against a person who violates any regulations, standards, or limitations
adopted by the Environmental Managem`nt Commission or violates any terms or
conditions of any permit issued pursuant to,N.C.G.S. 143-215.1, or special order or
other document issued pursuant io N.C.G.S. 143-215.2.
M. "hhe Chief of the Water Quality Regional Operations Section, Division of Water
Resources, pursuant to delegation provided by the Secretary of the Department of
hnvironment and Natural Resources and�`the Director of the Division of Water
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:
111. DECISION:
$ for making an outlet to the waters of the State without a
permit as required 'by G.S. 143-215.1 and in violation of
Condition•l.l and L2 of the General Permit A WG 100000.
for violation of Condition III.13a of the General Permit
AWG100000 by failing to report to the Division of Water
Resources'the failure of any component of the Animal Waste
Management Systdin resulting in a discharge.
• I . 4.

E
$ for violation of Condition II 17 of the General Permit AWG
100000 by. Failure, of the Operator in Charge (01C) or a
person under the'sdpervision of an O1C to inspect the land
application as o6d,as necessary to ensure that the animal
waste is land applied in accordance with the CAWMP. In no
case, shal Fthe- time. between inspections be more than 120
minutes during, the':application of waste. Inspection shall
include 'but , not: be limited to visual observation of
application,equipmelit, spray fields, subsurface drain outlets,
ditches, and drainage ways for any discharge of waste.
$ for violation of:Caridition lI 5 of the General Permit AWG
100000 by;failure to apply waste at rates that did not result
in excessive, 'ponding or any runoff during any given
application' events.
$ for violation Condition 112 for failing; to maintain vegetative
cover as specified in the facility's CAWMP. No waste shall
be applied upon:.areas where the crop is insufficient for
nutrient utilization as specified in the facility's CAWMP
$ TOTAL CIVIL PENALTY which is percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$ 851.17 Investigation costs assessed
$ TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282. 1 (b), which
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 E_nvironmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
. r+
..L.

h
IV. NOTICE:
i reserve the right to assess civil penalties 'and -investigative costs for any continuing
violations occurring; after the assessment period'indicated above. Each day of a continuing;
violation may be considered a separate violation. subject to a maximum S25.000.00 per day
penalty. Civil penalties and investigative cost':may be assessed for any other rules and
statutes for which penalties have not yet been:assessed.
•i
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law.', aid Decision shall be transmitted to Ben
Thomas Warwick in accordance with N.C.G.S:'143-215.6(A)(d).
j
(Date) Jon lUsgaard-
Animal Feeding Operations & Groundwater Protection
Division of Water Resources
A
3 f
, 1
+ t.

s;
Water Resources
Environmental Quality
January 19, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 1870 0003 4774 2612
Mr. Ben Warwick
1819 Wilson Road
Clinton, NC 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2018-DV-0009
Ben. Warwick Farm No. 82-0187, Permit No. AWS820187
Sampson County
Dear Mr. Warwick:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
On December 18, 2017 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Ben Warwick Farm due to a complaint of waste runoff from
a spray field. We would like to thank Mr. Warwick, facility owner, Mr. Curtis Barwick, Technical
Specialist and Mr. Ronnie Brewer for their time and assistance during the inspection.
As a result of this inspection, 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 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1•
(Permit No. AWG100000 Section Conditions I 1 and 12) Failure to prevent discharge of waste to
surface waters or wetlands. N.C.G.S. 143-215.10C.
On December 18, 2017, it was observed that waste was leaving your spray field that contained
ponded waste into an unnamed tributary of Great Coharie Creek. Water samples were taken from
the tributary along with pictures to document the discharge. The water samples confirmed waste
was in the tributary.
Required Corrective Action for Violation I. -
In the future, prevent the discharge of waste due to overapplication of waste on your spray fields
as required by your permit.

Mr. Ben Warwick
January 19, 2018
Violation 2:
(Permit No. AWG100000 Section III. 13a) Failure to notify Division of Water Resources of a
failure of any component of the animal waste management system resulting in a discharge to
ditches, surface waters or wetlands.
The facility's permit specifically requires notification by telephone as soon as possible, but in no
case more than 24 hours and a written report within 5 calendar days following first knowledge of
the occurrence of a reportable permit condition. The Division of Water Resources has no record
of receiving the 24-hour notification.
Required Corrective Actionfor Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable
events in accordance with your permit.
Violation 3•
(Permit No. AWG100000 Section H #17) Failure to perform required 120 minute inspections per
your Certified Animal Waste Management Plan. In accordance with 15A NCAC 8F .0203(bx2),
the OIC of a type A Animal Waste Management System shall inspect, or a person under the
supervision of an OIC or designated back-up OIC shall inspect the land application site as often
as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In
no case shall the time between inspections be more than 120 minutes during the application of
waste.
Required Corrective Action for Violation 3:
Always keep a record of each inspection on forms provided by or approved by the Division and
shall include the date, time, spray field number and name of the operator for each inspection.
Inspections shall include but are not limited to visual observation of application equipment, spray
fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste.
Violation 4•
(Permit No. AWG100000 Section H #5) In no case shall land application rates result in excessive
ponding or any runoff during any given application event.
Required Corrective Action for Violation 4:
In the future, maintain close observation of all application events to prevent over application,
excessive ponding and runoff.
Violation 5:
(Permit No. AWG100000 Section II #2) A vegetative cover shall be maintained as specified in
the facilities CAWMP on all land application fields and buffers in accordance with the CAWMP.
No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop
is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be
applied up to 30 days prior to planting or breaking dormancy.
Page 2 of 3

Mr. -Ben Warwick
,-January 19, 2018
Required Corrective Action_ for Violation 5:
Apply waste only in accordance with the CAWMP to growing crops, areas to be planted within
30 days or within 30 days of breaking dormancy.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items in writing within ten (10) days following receipt of this letter.
1. An explanation from the 01C for this farm regarding how this violation occurred
2. A list from the O1C concerning the steps that will betaken to prevent these violations from
occurring in the future.
You are required to take any necessary action to correct the above violations and to provide a
written response to this Notice in writing within ten (10) days following receipt of this letter. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of DWR. If you wish to present an explanation for the violations cited, or if
you believe there are other factors, which should be considered please send such information to me in
writing within ten_ (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
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 dollars ($25,000) 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.
If you have any questions concerning this Notice, please contact Bill Dunlap or me at [phone]
Sincerely,
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Prestage Farms, Attn: Glen Clifton
Fayetteville Regional Office WQROS files
Page 3 of 3

(fa)Y * t�)V -zok�- 6C2 Y
1- �C I
Water Resources
Environmental Quality
January 19, 2018
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
7010 1870 0003 4774 2612
Mr. Ben Warwick
1819 Wilson Road
Clinton, NC 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T ,1304
NOV-2018-DV-0009
Ben Warwick Farm No, 82-0187, Permit No. AWS820187
Sampson County
Dear Mr. Warwick:
ROY COOPER
Governor
MICHAEL S, REGAN
Secretary
LINDA CULPEPPER
Interim Director
On December 18, 2017 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Ben Warwick Farm due to a complaint of waste runoff from
a spray field. We would like to thank Mr. Warwick, facility owner, Mr. Curtis Barwick, Technical
Specialist and Mr. Ronnie Brewer for their time and assistance during the inspection.
As a result of this inspection, 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 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
(Permit No. AWG 100000 Section Conditions I 1 and I 2) Failure to prevent discharge of waste to
surface waters or wetlands. N.C.G.S. 143-215.10C.
On December 18, 2017, it was observed that waste was leaving your spray field that contained
ponded waste into an unnamed tributary of Great Coharie Creek. Water samples were taken from
the tributary along with pictures to document the discharge. The water samples confirmed waste
was in the tributary.
Required Corrective Action for Violation I. -
In the future, prevent the discharge of waste due to overapplication of waste on your spray fields
as required by your permit.

Mr. Ben Warwick
January 19, 2018
Required Corrective Action fjor Violation S:
Apply waste only in accordance with the CAWMP to growing crops, areas to be planted within
30 days or within 30 days of breaking dormancy.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items in writing within ten (10) days following receipt of this letter.
1. An explanation from the OIC for this farm regarding how this violation occurred,
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.
You are required to take any necessary action to correct the above violations and to provide a
written response to this Notice in writing within ten (10) days following receipt of this letter. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of DWR. If you wish to present an explanation for the violations cited, or if
you believe there are other factors, which should be considered please send such information to me in
writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for,
consideration.
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 dollars ($25,000) 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.
If you have any questions concerning this Notice, please contact Bill Dunlap or me at [phone]
Sincerely,
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Prestage Farms, Attn: Glen Clifton
Fayetteville Regional Office WQROS files
Page 3 of 3

AC46349 North Carolina Division of Water Resources Water Sciences Section Laboratory Results
Loc. Dsscr.: HEN WARWICK
DOWN 2
County: Samnson
Collector. 0 DUNLAP
VIsItlD
Region: Ego
Report To FRO
Location ID: FR"LC
River Basin CPF
Collect Date: 1211111112017
Priority COMPLIANCE
Emergency
Collect Time: 13:10
Sample Matrix: SURFACEWATER
COC Yes/No
Sample Depth
Lac. Type: Riverf3tream
Final Report
Sample ID:
AC48349
PO Number #
Date Received:
12119/2017
Time Received:
0830
Labworks LoginlD
MSWIFT
Delivery Method
NC Couder
Final Report Date:
11i1118
Report Print Date:
0IM112018
If this report to labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes,
Result/
Method
Analysis
CAS # Analvte Name
PQl-
Qua Iffifler
ni
Reference
Date
Validated by
LAB
Sample temperature at receipt by lab
1.2
°C
12/19/17
PGAUTHIER
NUT
NH3 as N in liquid
0.02
0.12
mg1L as N
EPA 350.1 REV 2
12119/17
CGREEN
NO2+NO3 as N in liquid
0.02
3.9
mg/Las N
EPA353.2 REV 2
12119/17
CGREEN
Phosphorus —total as P in liquid
0.02
0.11
mg1L as P
EPA 365.1 REV 2
1I9116
CGREEN
Total Kjeldahl N as N in liquid
0.2
1.3
mg1L as N
EPA 351.2 REV 2
12122117
CGREEN
i( 2) /-1 o -5 � s �'/ r/ s.12)
(2� Xt0 Z f N 03 a-s Id ( rS, &-7)
Z� P14 o JpNo.2�5
(2) y"k C"20 M $�
';�-a . Z*
37 ° -55
.4b,-78
�6r�1IJ
Ir C�4.
WSS Chemistry Laboratoryab 1623 Mail Service Center, Raleigh, INC 27699-1623 [phone]
"Not Detected" or "U" does not indicate the sample is analyte tree but that the analyte is not detected at or above the PC L,
Page 1 of 1

AC46348 North Carolina Division of Water Resources Water Sciences Section Laboratory Results
Loc. Descr.:
BEN WARWICK F01
County:
Samoson
Collector:
B DUNLAP
VisitlD
Region:
FRO
Report To
FRO
Location ID:
F01
River Basin
CPF
Collect Date:
12/1812017
Priority
COMPLIANCE
Emergency
Collect Time:
12_30
Sample Matrix:
SURFACEWATER
COC Yes/No
Sample Depth
Loc. Type:
River/Stream
Final Report
Sample ID:
AC46348
PO Number #
Date Received:
12/19/2017
Time Received:
08:30
Labworks LoginlD
MSWIFT
Delivery Method
NC Courier
Final Report Date:
1111118
Report Print Date:
01/11/2018
If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes.
Result/
Method
Analysis
CAS # Analyte Name
PQL
Qualifier
Units
Reference
Date
Validated by
LAB
Sample temperature at receipt by lab
1.2
°C
12/19/17
PGAUTHIER
NUT
NH3 as N in liquid
0.02
25
mg/L as N
EPA 350.1 REV 2
12/19/17
CGREEN
NO2+NO3 as N in liquid
0.02
7.3
mg/L as N
EPA 353.2 REV 2
12/19/17
CGREEN
Phosphorus —total as P in liquid
0.02
0.86
mg/L as P
EPA 365.1 REV 2
1/9/18
CGREEN
Total Neldahl N as N in liquid
0.2
32
mg/L as N
EPA 351.2 REV 2
12/22/17
CGREEN
WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
"Not Detected" or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL.
Page 1 of 1

Allen, Trent
From: Johnson, Chris
Sent: Monday, March 12, 2018 11:33 AM '
To: Allen, Trent
Subject: RE: Send data from 7th-Floor-Mairi 03/09/2018 14:35
Hey, Trent. Apologies for the delayed response. I just saw this email because I left early on Friday.
Here are the prices for the referenced tests:
Ammonia - $15.12 ?:
Nitrate / Nitrite - $18.69
Total Phosphorus - $20.39
TKN-$20.48
If you need quick access to these or any other prices, they can be found on our website:
httPs:Hfiles.nc.gov/ncdeq/Water%20QuaIity/Chemistry%2OLab/Operations/Staff%20Resources/Cost PerAnaIysisFee Sche
dule-20160518-DWQ-LAB-OPS.pdf i ,
Chris Johnson
NC DEQ-DWR
Water Sciences Section
919-733-3908
Correspondence with this email address is subject to North Carolina'public record regulations and may be disclosed to
third parties. ?
-----Original message -----
From: Allen, Trent
Sent: Friday, March 09, 2018 1:58 PM
To: Johnson, Chris <[e-mail]>
Subject: FW: Send data from 7th-Floor-Main 03/09/201814:35
Chris,
Hope you're doing well.
I have attached a copy of results we received on an animal enforcement case (2 pages). Can you tell me how much
money this cost the state to run? I'm trying to determine our enforcement cost. If this needs to go to someone else, can
you forward it over? Thanks for your help.
Trent
-----Original Message -----
From: NCDEQ - Fayetteville Regional Office Scanner 7th Floor MAIN[mailto:[e-mail]
Sent: Friday, March 09, 2018 2:35 PM
To: Allen, Trent <[e-mail]>
Subject: Send data from 7th-Floor-Main 03/09/2018 14:35

�M1C.CC
RP!:
',::
Microbac Laboratories- ,:IliG.. = Fayetteville
CERTIFICATE--F ANALYSIS
K7L0703`i=)
NC DENR - DWQ (Surface Water)
'"':" Project Name: Ground Water Samples
Mr. Trent Allen
;Project 1 PO Number: EP4759308
225 Green Street, #714
Received: 12/18/2017
Fayetteville, NC 28301
' deported: 12/21/2017
Analytical Testing Parameters
Client Sample ID: Ben Warwide F01,Grab
Sample Matrix: Aqueous Collected By: Bill
Leh Sample ID: K71-0703 01 i;•:.;; r Collection Date: 12/18/2017 12:30
Microbiological Parameters by Membrane Result 'RL ' ? 3 Units Note Prepared Analyzed Lab
Filtration
Method: SM 9222 D-1997
Coliform, Fecal 9200 7
1.0 - '9 pei 100 mL 12i18t17 1610 FAY
;1
Client Sample ID: Ben Warwide Day 2,Grab
Sample Matrix: Aqueous :: Collected By: Bill
Lab Sample ID: K71-0703-02 Collection Date: 12/18/2017 1140
Microbiological Parameters by Membrane Result ;, RL Units Note Prepared Analyzed Lab
Filtration!
Method: SM 9222 D-1997
Coliform, Decal 110 ..1.0 per 100 mL 120W17 1018 FAY
F�
Laboratory
FAY: Microbac Laboratories, Inc. - Fayetteville
Definitions f
RL: Reporting Limit q
I
Report Comments
Samples were received in proper condition and the reported results conform to
applicable accreditation standard unless otherwise noted.
The data and information on this, and other accompanying documents, represents
only the sample(s) analyzed. This report is incomplete unless all pages indicated
in the footnote are present and an authorized signature is included.
Microbac Laboratories; Inc.
Rev lowed and Approved By:
Bonnie K. Sanders
Senior Project Manager
bannie,5unders@microt)ac.com
12121/2017 19:51
2592 Hope Mills Rd I Fayetteville, NC 28306191.0.864.1920 p I www.microbac.com
• I �•

Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 (914) 864-19281864-8774 fax
VMICROBAC
CHAIN OF CUSTODY RECORD
PAGE 1 OF 1
CLIENT NAME&ADDy ESS:
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B = HNO3 (pH<2) + <6"C
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❑ = NaOH + <6°C
E = ZN Acetate + <6°C
F = HCI
G = Sodium Thio
CONTACT PERSaN: 'rin[ t i1 eau(
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Comments or Special Hazards:
IS DATA FOR REG. COMPLIANCE PURPOSE?
NO YES WHICH:

INVOICE VaLik l„tl
i"th'In,n.-91u.Srrd.192u luvuice,Numbcr: KATL00844
%,k fi,,: 13unnie K. Sunder, 111wicc Dote: 12/21/2017
1)ur DAIv: 01/22/2018
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223 (,mvn Slrcel, 0714
i=d+cttrtiille, NC 28301
Wiirk Or(ier; K71-0703
TOTAL
QUANTITY ANALYSIS MATRIX UNIT COST UNIT SUHCHAROE COST
KA71.110844
Fecal Coleow, Bacteria n ovate, �_ 5150 X
11,. i,c,u Ill�n
1•.I;rll„Ilia.
Total Current Charges
Total charges due by
January 22, 2018
'.tcrnnaC (aooratoriea Inc. I Fayellerike
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Invoice luilibcr: KA7L00844
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Total charges due by $60.00
,January 22, 2018
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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 news release has been prepared
and issued to media in the affected county (ies):
The Ben Warwick Farm of Clinton had a wastewater spill December 17, 2017 of
an estimated maximum of 18,000 gallons from a field on Honrine Road. The untreated
wastewater spilled into an unnamed tributary that flows to Great Coharie Creek in the
Cape Fear River Basin.
The Division of Water Resources was notified of the event on December 18, 2017
and is reviewing the matter. For information contact the Ben Warwick Farm at (910)
564-6752.
#################

19 February 2018
Recalculated potential discharge from Ben Warwick Farm 82-0187, December 17,
2017.
Based on new information provided by Curtis Barwick, Barwick's Ag Services and
James Lamb of Prestage Farms this is the new estimated discharge volume:
Based on a 980' pull, a 270' wetted diameter, 155 gallons per minute application rate
and retrieval to stop of approximately 9 hours, we can calculate an initial volume of
83,700 gallons (155 gpm X 60 min/hour X 9 hours) over approximately 6 acres (980' X
270743,560 sq. ft./acre). This comes to 13,950 gallons per acre, or approximately
0.51369 inches/acre, which is within the permitted, allowable 0.5 inches +1- 10% per
application. And it is well within the infiltration rate for Norfolk soil of 1.96 inches per
hour.
Since the pump ran an additional 3 hours before being shut off, that would have been
an additional 27, 900 estimated gallons applied. (155 gallons per minute X 60 min/hour
X 3 hours).
Considering the 270-foot wetted diameter, once the gun cart stopped, an additional 0.65
acres would have to be saturated before any runoff would have occurred. Considering
the relatively dry soil conditions, at least an additional 0.5 acre inches could have been
absorbed before runoff. That would be 8825 gallons. Additionally, a down slope area
from where the gun stopped had a wet area about 50 feet wide by 175 feet long before
leaving the field. That would be an area of about 0.2 acres. If it has absorbed an inch of
waste before any left the field that would be approximately 5430 gallons, leaving an
estimated discharge of (27,900 — {8825+5430?) 13,645 gallons.

Prestage Farms, Inc.
Irrigation Equipment Field Calibration Form
Farm Name: Ben Warwick 82-187
Date of Field Calibration: 12/26/17
Flow Meter Serial Number:
Equipment Number: 460758
Measured ring size: 1.08R inches
Is ring size ithin 0.01" of original manufactured size?
Yes or-,, __No. If not, replace ring.
Pressure Gauge Readings At Pump: 100 psi
At Traveler:
At Sprinker/Gun: 45 psi
Expected Flow Rate (from manufactures chart): 156.5 GPM
Measured Flow Rate (from flow meter): 155 GPM
Flow rate variance Brea r than 10%
Yes No
Expected Wetted Diameter (from the wettable acres determination): 277.5 ft.
Measured Wetted Diameter:, 270 ft.
Wetted diameter varianc%greater than 15% &/or measured flow variance greater than
10%: Yes No �_ If yes, then contact a technical specialist or irrigation dealer
for assistance.
Comments:
Calibrator: James Lamb
(sigaature)
Irrigation Equipment Meld Calibration Form 511103

BEN WARWICK
1897 WIL§ON RD.
CLINTON, NC'28328
January 30, 2018
Mr. Trent Allen
Regional Supervisor
Water Quality Regional Operations. Section
North Carolina Division of Water Resources
225 Green St, Suite 714
Fayetteville, NC 28301
Dear Mr. Alien,
In response to your NOTICE OF VIOLATION/NOTICE OF INTENT dated January 19, 2018 and
received by me on January 27,, 2018 (due .to incorrect address) for Ben Warwick Farm,
AWS820i87, 1 submit the following responses to the violations and explanation of the incident
and corrective action.
On Saturday, December 16th at 5.00 pm I started an, irrigation event on pull 3. 1 checked the
reel at 7:00 pm, 9:00 pm, 11:00 pm and 12:00 am. I intended to return at 2:00 am to turn the
pump off, the time I determined the gun cart would be fully retrieved. I went back home and
unfortunately fell asleep while waiting. I awoke at 5:60 am on December 17th and went directly
to the farm and turned off my.irrigation pump. I then went home and returned to the farm at 9=
am. I went to the reel and observed some water.ponded around the reel but did not see where
any water had run-off from the sprayfieid. I had no idea there had been any runoff.
Violation 1:
Failure to prevent discharge of waste to surface waters or wetlands.
1. 1 will make certain that I am present as much as -possible while applying waste. If I irrigate at
night (I work off'the farm) I will be close by and will stay with the reel, if it is late. I also plan to
place a timer on my pump so that it will shut off at. a. designated time.
Violation 2:
Failure to -notify DWR of a failure of any component of the animal waste system resulting in a
discharge as soon as possible, but within 24 hours.
At 9:00 am on the morning of December 17th, I went to the reel and observed some water
ponded but did not see where any water had run-off from the sprayfield but I did. not walk into
the adjacent woods, which are on my property. 1. should have done so because I never knew
any waste had left the sprayfield until notified of your phone call by Curtis Barwick, my'technical
specialist. If I had walked into the woods and had seen the discharge, I would have notified your
office as my permit requires.
2. In the event another discharge occurs I will notify DRW immediately
Violation 3:
Failure to perform required 120 minute inspections per my CAWMP.
3. 1 will make the required 120 minute inspections -and continue to document them oh,my IRR-1
sheets.

Violation 4:
|nnocase shall land application rates result in excessive poncling or any runoff during any given
irrigation event
4 As stated above | plan to be present as much as possible during application So that | can
observe any issues regarding over -application | am having my Technical Specialist provide an
application sheet for eacri riser/pull denoting maximum run-times per 24 hrs
Violation 5:
A vegetative cover shall be maintained as specified in the facility's CAVVMP on all land
fields.apo|ication �|dfields.' however if the CAVVK4P allows, then waste may be applied up to 30 days
prior to planting or break ng dormancy
5 This was the first application made Uothe winter overS8gd, The small grain overSeedvvaS
planted on December 23. 2018 which would make this application within the 30 day pre -plant
window,
| regret the incident book place and will continue to monitor my entire waste collection and
application aysi8rn / sincerely hope that my response and the changes made to my operation
will be taken into account as you investigate this incident, Thank you for your attention to this
maMer.
Ben Warwick

BEN WARWICK
1897 WILSON RD.
CLINTON, NC 28328
December 21, 2017
Mr. Bill Dunlap
North Carolina Division of Water Resources
Water Quality Regional Operations Section
225 Green St, Suite 714
Fayetteville, NC 28301
Dear Mr. Dunlap,
DEC 2 8 2017
FAYEl I EVILLI= RF('1f) A! OFFICE
Regarding the incident at my farm (82-187) on December 17, 2017, 1 submit the following
explanation of the incident, as we discussed on the farm.
On Saturday, December 16th at 5:00 pm I started an irrigation event on pull 3. 1 checked the
reel at 7:00 pm, 9:00 pm, 11:00 pm and 12:00 am. I intended to return at 2:00 am to turn the
pump off as that was the time I determined the gun cart would be fully retrieved. I went back
home and unfortunately fell asleep while waiting. I awoke at 5:00 am on December 17th and
went directly to the farm and turned off my irrigation pump. I then went home and returned to the
farm at 9:00 am. I went to the reel and observed some water ponded around the reel but did not
see where any water had run-off from the sprayfield. I did not walls into the adjacent woods,
which are on my property. In retrospect I should have because I never knew any waste had left
the sprayfield until notified of your phone call by Curtis Barwick, my technical specialist. If I had
walked into the woods and had seen the discharge I would have notified your office as my
permit requires.
I regret the incident took place and will monitor my irrigation events more closely and perhaps
place a timer on my pump. I will also make sure to run my reel faster to stay within my permit
parameters. I am new to hog farming but have learned a great deal from this incident and 1 will
be much more observant in the future.
Thank you for your attention to this matter.
Sincerely,
Ben Warwick

December 19, 2017
On December 18 Fayetteville Regional Office staff --received a call about pink water,
possibly from a hog farm, in a creek along Tanglewood Lane just east of Simmons
Road and south of Honrine Road, Clinton, NC. Bill Dunlap routinely inspects the farm in
question and went to investigate. Mr. Curtis Barwick'.maintains records for the farm on
behalf of the owner, Mr. Ben Warwick, Mr. Barwick was notified and met with staff at the
farm, along with owner, Mr. Ben Warwick and his uncle, Mr. Ronnie Brewer. We wish to
thank Mr. Barwick, Mr. Warwick and Mr. Brewer for -their cooperation and assistance in
the investigation.
Staff located a pool of pink tinted water about 100feet into the woods down slope from
the application field. Samples were taken and preserved appropriately. Because of the
times involved, estimating the actual discharge leaving the field is a challenge. Mr.
Warwick's irrigation gun applies a calibrated 160 gallons per minute. By his own
admission, the pump ran for at least 12 hours. 160 gallons per minute X 60 minutes per
hour X 12-hour application time = 115,200 gallons. Of this amount, an estimated 86,400
gallons was applied to the 4.6-acre field over the course of approximately 9 hours at a
rate of 18,782 gallons per acre or 0.69 inches per hour. While this exceeds the
permitted rate of 0.5 inches per acre in one application, it does not exceed the
infiltration rate for the Norfolk and Autryville soils,in this field. That rate is 0.57 to 1.98
inches per hour, depending on field capacity, per the information in Web Soil Survey.
According to weather.gov, the area had received no measurable rainfall in the last 7
days, between 2 and 3 inches in the last 30 days. The field was relative dry with high
water holding capacity and infiltration potential. That,leaves an estimated 28,800 gallons
to potentially pond, saturate the area and run out of.the field. A down slope area from
where the gun stopped had a wet area about 50 feet wide by 175 feet long before
leaving the field. That would be an area of about 0.2 acres. Assuming this area would
be saturated before any waste left the field would be. a maximum of 10,800 gallons,
calculated by multiplying the area by the potential absorption. This would leave an
estimated 18,000 gallons to have left the field.
Mr. Warwick acknowledged that he had intended to'cut the pump off at about 2:00 AM,
his last inspection having been at midnight. However, he fell asleep and did not cut the
pump off until 5:00 AM. It being dark, he returned to the field about 9:00 AM and saw
only a small amount of ponding near the edge of the,field. He said he should have
investigated further and called us but did not.'
6
' f
A second sample was taken downstream at Simmons Road and Tanglewood Lane,
preserved appropriately. The water here was clear, with not tinge of pink. There were no
upstream samples because the farm is located on ai ridge, all topography slopes away
from the location. Samples for fecal coliform bacteria were taken directly to Microbac at
3:27 PM for analysis. The nutrient samples.sent to:Raleigh for analysis by Department
laboratory later that afternoon by courier.

r -
i' r iVisiOn Of-Wa1CrlResou`ccesr,.`, �' F, `rul(, ,ffrri 'itilir u[' , (Ili +`�+5cN� p{,It"p,
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, erl f I�. ,.�I ". .. .I. I r ijjrll#I %, i �III,Ii lrrf�.+tlr `f[,�ar`i-liIr
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Type of Visit: ompliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: 0 Routine (Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: j
Arrival Time: (I :5 S Y+^ Departure Time: 4 Cp Pl1i County: S4W,0Al
f Region: r--(Z V
Farm Name: �n T(,J,,,�,j�.
�[ (`u �+�
Owner Email:
Owner Name:y1 _
(,�-�a�Wst K
Phone: toga- ?61 & 14
vo 5 ai o—& 2 Zz i
Mailing Address: _i-en
i, % o.�t ��m�„/
l.- I f 1
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Physical Address: 13 0 S
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Facility Contact: ��.'�+?
vJw%
Title:
Phone:
Onsite Representative: (ivy w
lk
Integrator: -ed�gx
�
Certified Operator:
Wu rl�L�
Certification Number:
G CyL5
Back-up Operator: r Certification Number:
f
Location of Farm: Latitude:
11.;�Ll, Za t-7- L9 P
Longitude:
p.. .. ., r .. - r; a,-: ra=, { :�ai�,..., E 4 ,� , .h ,rya r,r ,.' & € r , :;> '.a'1t' u+ 1 r ... a, r - _!° : ,� i r r' _'# sl"' -zl ,vn • tf 'ra 1:�," .,I�+. , 1p' , I.
Y ",IBIrrr4.,_�,{+If �f`lII{l1+II,YYi{r d = r� f ip# #�31111{l�€ lfr ii s 117lIlrlkli€.ih'i�{l�i{1,;9[It.[I{I��(ir#{
Dcsi n Current'': , „' +''':, Desi n Current "`"r��r'r` it ;� „{�°„! ( ?Uesl n l C:trrentlHt
rr
O rr .. 1'1: ,at7.,.r :4 1 _+. .a i, '..:r 1. ,"1.3r{.. pl,_d. "�t r I g¢ r - ,r Ni r ,1.,!„i .�. o, '..# s t i N g;ll If gl: 1 al ..., a.l� ..
r 4 , " i.',: rY t� t Iri• �:'1"=. {.; : ,i:.;, i>( r: ,rc�Klr,{I ;,',?� tY:l ilt+q' 1:I-r�cf,�k� �-fl 1E1,1 .i.3 i r':; }N ; ,l�r Ilr, r. i.�lh , . � �I lfl !II, {l : ii,lrr ,R H{illr. rl r , I Ilfil{!i
Swine Cnp ctty 1'op i ,,1 (Ili{` CWet P66ltryY,l ` Capacity ;..pop 3 I.i rh,0t Cat�lc +�IYI� :r�,k� fli 1, ' rrCapacity.l� I+i'nP
,.' ,.: a , ,.;,,: "� „ ll. ,.Ili 1,.1,11 . I!l'€+ " �" r' .,,I'rr, ,l,. 3�,.�,-:,dC,rerr., !lIII,.! irll �IIlLtI%.:,.,,1" ^ -llh i;lili� ! 0 �r
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' r ITurkeys
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rlp: cif? lilE�[)I`',yEl'YIlii#jl.
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Other a ,, .�!{(I� r,f= y
Wean to Finish
Wean to Feeder
Feeder to Finish
z, ({O
6v
Farrow to Wean
Farrow to Feeder
-
Farrow to Finish
Gilts
Soars
La ers
ff
Non -La ers
Pullets
"'
'furke Poults
Other
Discharges and Stream Impacts
r'
I Is any discharge observed from any part of the opera ion?
2/yes
❑ No
[� NA
❑ NE
Discharge originated at: ❑Structure Application Field ❑Other:
�
a. Was the conveyance man-made?
�es
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWR)
❑Yes
❑, No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
'
d. Does the discharge bypass the waste management system? (if yes, noti Fy rD W R)
❑yes
No
❑ NA
❑ N E
2. Is there evidence of past discharge from any part of tile operation?
❑Yes
[�] Nv
❑ NA
❑ NE
3. Were there any ob°�servable adverse iinpacts'or potential adverse impacts to the waters
❑Yes
✓

Facili umber: % - Date of Inspection: ,0c-
I
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
❑ Y g-l-o
❑ NA
❑ NE
a. If yes, is waste level into the structural freeboard?
❑ Yes
D No
©.,NA
❑ NE
Structure I Structure 2, Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
[v]'filo
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
❑ Yes
r ]Kio
❑ NA
D NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental
threat,
notify DWR
G)Do any of the structures need maintenance or improvement?
D-yes
❑ No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
QAo
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ Yes
Eg�<o
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
�o
❑ NA
❑ NE
maintenance or improvement?
C3. Is there evidence of incorrect 1yd application? If yes, check the appropriate box below. 21�y_es ❑ No ❑ NA ❑ NE
❑ Excessive Ponding Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of AcceptableCropWindow ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s): 3 G t,M U L S G O
13. Soil Type(s): �J. /V [iG
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes []No ❑ NA ❑ NE
15 Does the receiving crop and/or land application site need improvement? [;Ks ❑ No ❑ NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes Q'No ❑ NA ❑ NE
acres determination?
❑ Yes Q'�Io ❑ NA ❑ NE
17. Does the facility
lack adequate acreage for land application?
18. Is there'a lack of properly operating waste application equipment?
Required Records &Documents
19. Did the facility fail to have the Certificate of Coverage &Permit readily available?
❑Yes
[H No
[] NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
[] Yes
�io
❑ NA
❑ NE
the appropriate box.
❑ WUP ❑Checklists ❑Design ❑Maps ❑Lease Agreements
❑Other:
Does record keeping need improvement? If yes, check the appropriate box below.
g
[Yes
o
❑ NA
❑ NE
Waste Application ❑Weekly Freeboard ❑Waste Analysis ❑Soil Analysis
❑Waste Transfers
❑Weather Code
❑ Rainfall ❑Stocking ❑Crop Yield ✓ 120 Minute Inspections ❑Monthly and I" Rainfall Inspections
❑Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
❑Yes
C21�No
❑ NA
. ❑ NE
' 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑Yes
❑ No
G;j"N'A
❑ NE
Page 2 of
2/4/2015 Continued

[Facility umber: - Date of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
[3,No
❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check
0 Yes
allo
❑ NA ONE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA far sludge
levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge?
❑ Yes
[3Io
❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
❑ Yes
[,]'filo
❑ NA ONE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
[] Yes
[DiQo
❑ NA ❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
❑v fNo
❑ NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
30 Did the facility fail to notify the Regional Office of emergency situations as required by the
Yes
❑ No
❑ NA ❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
Q'No
❑ NA ❑ NE
Application Field ❑ Lagoon/Storage Pond ❑ Other:
Wany additional problems noted which cause non-compliance of the permit or CAWMP7
1 o
esere
❑ NA ❑ NE
33. id the Reviewer/Inspector fail to discuss reviewhnspection with an on -site representative?
❑ Yes
Q.No
❑ NA ❑ NE
34.'Does the facility require a follow-up visit by the same agency?T
❑ Yes
to
❑ NA ❑ NE
di sc�6,7
( r (.� i'1'T r ✓ r0ut.^ �1v i P 1,2&c
1410
�- I
7,
qrb- 3og- 60
4
Reviewer/Inspector Name: �k\
Reviewer/Inspector Signature:
Page 3 of 3
Phone: °((0- LIZ 3 -333 �
Date: �� C�P L 7
21412015 }

December 19, 2017
On December 18 Fayetteville Regional Office staff received a call about pink water,
possibly from a hog farm, in a creek along Tanglewood Lane just east of Simmons
Road and south of Honrine Road, Clinton, NC. Bill Dunlap routinely inspects the farm in
question and went to investigate. Mr. Curtis Barwick maintains records for the farm on
behalf of the owner, Mr. Ben Warwick. Mr. Barwick was notified and met with staff at the
farm, along with owner, Mr. Ben Warwick and his uncle, Mr. Ronnie Brewer. We wish to
thank Mr. Barwick, Mr. Warwick and Mr. Brewer for their cooperation and assistance in
the investigation.
Staff located a pool of pink tinted water about 100 feet into the woods down slope from
the application field. Samples were taken and preserved appropriately. Because of the
times involved, estimating the actual discharge leaving the field is a challenge. Mr.
Warwick's irrigation gun applies a calibrated 160 gallons per minute. By his own
admission, the pump ran for at least 12 hours. 160 gallons per minute X 60 minutes per
hour X 12-hour application time = 115,200 gallons. Of this amount, an estimated 86,400
gallons was applied to the 4.6-acre field over the course of approximately 9 hours at a
rate of 18,782 gallons per acre or 0.69 inches per hour. While this exceeds the
permitted rate of 0.5 inches per acre in one application, it does not exceed the
infiltration rate for the Norfolk and Autryville soils in this field. That rate is 0.57 to 1.98
inches per hour, depending on field capacity, per the information in Web Soil Survey.
According to weather.gov, the area had received no measurable rainfall in the last 7
days, between 2 and 3 inches in the last 30 days. The field was relative dry with high
water holding capacity and infiltration potential. That leaves an estimated 28,800 gallons
to potentially pond, saturate the area and run out of the field. A down slope area from
where the gun stopped had a wet area about 50 feet wide by 175 feet long before
leaving the field. That would be an area of about 0.2 acres. Assuming this area would
be saturated before any waste left the field would be a maximum of 10,800 gallons,
calculated by multiplying, the area by the potential absorption. This would leave an
estimated 18,000 gallons to have left the field.
Mr. Warwick acknowledged that he had intended to cut the pump off at about 2:00 AM,
his last inspection having been at midnight. However, he fell asleep and did not cut the
pump off until 5:00 AM. It being dark, he returned to the field about 9:00 AM and saw
only a small amount of ponding near the edge of the field. He said he should have
investigated further and called us but did not.
A second sample was taken downstream at Simmons Road and Tanglewood Lane,
preserved appropriately. The water here was clear, with not tinge of pink. There were no
upstream samples because the farm is located on a ridge, all topography slopes away
from the location. Samples for fecal coliform bacteria were taken directly to Microbac at
3:27 PM for analysis. The nutrient samples sent to Raleigh for analysis by Department
laboratory later that afternoon by courier.

ConnectGIS Page I of 1
MPCONNECTGIS
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https:Hsatnpson.connectgis.com/Map.aspx 12/8/2017

Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 1870 0003 4774 7501
Mr. Ben Warwick
1819 Wilson Road
Clinton, NC 2832.8 '
SUBJECT: Show Cause Meeting
Ben Tomas Warwick
Certification No.- 998825
Dear Mr. Ben Warwick:
ROY COOPER
Grovernor
M.I.CHAEL S. REGAN
Secretttry
LINDA CULPEPPER
Interim Director
You are requested to attend a Show Cause Meeting.to be held at the Fayetteville Regional
Office on Tuesday February 20, 2018 at 10:30 am. This meeting is to allow you an opportunity
to explain the circumstances involved in the operation and maintenance of the Ben Warwick
Farm, permit number AWS820187. Specific items to be discussed will be:
1. Failure to prevent discharge of waste to surface waters or wetlands. (Permit No. AWG 100000
Section Conditions I 1 and I 2)
2. Failure to notify Division of Water Resources of a failure of any component of the animal waste
management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No.
AWG100000 Section III, 13a)
3. Failure to perform required 120 minute inspections per your Certified Animal Waste
Management Plan. (Permit No. AWG100000 Section II #17)
4. In no case shall land application rates result in excessive ponding or any runoff during any given
application event. (Permit No. AWG100000 Section H #5)
5. A vegetative cover shall be maintained as specified in the facilities CAWMP on all land
_ application.felds-and buffers in accordance, with the CAWW. (Permit No, AWG100000 Section
11 #2) -
This meeting has been prompted by information obtained during an site visit conducted on
December 18, 2017 at the Ben Warwick Farm. Pursuant to 15A NCAC 08G .0801, disciplinary
actions against a certified operator may result from any of the following actions of the operator:
a) practicing fraud or deception in the performance of duties;
b) failure to use reasonable care or judgment in the performance of duties;
c) failure to apply their knowledge or ability in the performance of duties;
d) incompetence or the inability to perform duties;
e) supplying false information in order to obtain or maintain certification; or
-':. '''Nothing.Compar*s :..,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

f) cheating on a certification examination.
You are asked to bring all pertinent information, including but not necessarily limited to, ORC
logs, data sheets, maintenance records, field notes, letters to the owner that demonstrate you
have, at a minimum, met the responsibilities of an operator in responsible charge (ORC) as
described in the Rules (15A NCAC 08G .0204).
Of particular interest is documentation supporting your efforts to:
visit the system as often as is necessary to insure the proper operation of the
wastewater treatment facility,
operate and maintain the system to insure compliance with any permit(s) as well as any
other applicable local, state, and federal environmental permitting and regulatory
requirements,
document the operation, maintenance, and visitation of the system in a log that must be
maintained at the system,
You are asked to respond in writing, within ten (10) days of receipt of this letter, as to whether
you will attend this Show Cause Meeting.
If you should have any questions concerning this matter, please do not hesitate to contact Mark
Brantley or myself at [phone].
Sincerely,
Trent Allen,
Regional Supervisor
WQRO Section
Fayetteville Regional Office
INA

Division of Water Resources
Division of Sall and Water Conservation
❑ Other Agency
Facility Number: 820187 Faclitty Status:
Inpsection Type: Compliance Inspection
Reason for Visit: Routine
Date of Visit: 12/18/2017 Entry71me: 11:55 am
Farm Name: Ben Warwick Farm
Active Permit: AWS820187 Denied Access
Inactive Or Closed Date:
County: Sampson Region: Fayetteville
Exit Time: 2:00 pm Incident #
Owner Emall:
Owner: Ben Thomas Warwick Phone: [phone]
Malting Address: 1897 Wilson Rd Clinton NC 28328
Physical Address: 1305 Hondne Rd Clinton NC 28328
Facility Status: ❑ Compliant Not Compliant Integrator. Prestage Farms Inc
Location of Farm: Latitude: 35' 08' Longitude: 78' 20' 44"
From US 701 NW of Clinton, left (W) on Hondne Rd (SR 1819). farm entrance road 2 miles on left for both 82-187 & 82-619,
Question Areas:
Dischrge & Stream Impacts Waste Col, Star, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: Ben Thomas Warwick Operator Certification Number: 998825
Secondary OIC(s):
On -Site Ropresentative(s): Name Title Phone
24 hour contact name Curtis Barwick Phone:
On -site representative Curtis Barwick Phone ;
Primary Inspector: Bill Dunlap Phone:
Inspector Signature: Date:
Secondary Inspector(#):
Inspection Summary:
#1 Application field discharge #11 Hydraulic overload #15 Winter cover not planted # 21 Failed to perform 120 minute inspections
#30 Failed to notify Regional office
Proceed to NODMOV
B1MS Public Portal incident # 201701754
page: 1

Permit: AWS820187 Owner - Facility : Ben Thomas Warwick Facility Number: 820187
Inspection Date: 12/18/17 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 2,940 2,600
Total Design Capacity: 2,940
Total SSLW: 396,900
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
agoon 1 19.00 28.00
/et Stack 001
page: 2

Permit: AWS820187 Owner - Facility : Ben Thomas Warwick Facility Number. 820187
Inspection Date: 12/18/17 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Dischames & Stream Impacts
Yes No Na No
1. Is any discharge observed from any part of the operation?
■
❑ ❑
❑
Discharge originated at:
Structure
❑
Application Field
Other
❑
a. Was conveyance man-made?
0
❑ ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
M
❑ ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
18,000
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
M ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
0
❑ ❑
❑
3• Were there any observable adverse impacts or potential adverse impacts to Waters of the
M
❑ ❑
❑
State other than from a discharge?
Waste Collection, Storaue & Treatment
Yes
No Na No
4. Is storage capacity less than adequate?
❑
M ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (LeJ large
❑
0 ❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?'
❑
0 ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Waste Application
Yge No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ 0 ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
M ❑ ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
M
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN? '
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS820187 Owner - Facility : Ben Thomas Warwick Facility Number: 820187
Inspection Date 12/18/17 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Application Yes No Na Ne
Crop Type 1 Coastal Bermuda Grass
(Hay)
Crop Type 2 Coastal Bermuda Grass w/
Rye Overseed
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Autryville
Soil Type 2
Norfolk
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
❑ ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑
❑ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
❑ ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
❑ ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
❑ ❑
❑
Records and Documents
Yes
No Na Ne
19 Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
0 ❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
0 ❑
❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑ ❑
❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
page: 4

Permit: AWS820187 Owner - Facility : Ben Thomas Warwick Facility Number: 820187
Inspection Date: 12/18/17 inpsection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Stocking?
Crop yields?
120 Minute inspections?
Monthly and 1" Rainfall Inspections
Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
23, If selected, did the facility fall to install and maintain a rainbreaker on irrigation equipment
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
appropriate box(es) below:
Failure to complete annual sludge survey
Failure to develop a POA for sludge levels
Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
Other Issues
28. Did the facility fail to properly dispose of dead animals within 24 hours andlor document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately,
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon 1 Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Yes No Na No
❑■❑❑
❑ M ❑ ❑
❑M ❑ ❑
❑■❑❑
❑■❑❑
❑ ME] ❑
Yea No Na No
❑■❑❑
❑.0❑❑
■❑❑❑
❑■❑❑
page: 5

S
v 1 , j ,7 a 3{ n.. r rlrgl,ffh I ' 1P. �ifF."�
Division of Water Resources ' "Y�
e�.' .� �' .. d� ;a, .'i 1 . , It,i , -. I�ah st�r� d4!r'1letj�,..rry �II{1'�
Facility X ffi' ' erg' ®' -'®t' � �a' N � 0 Division of Uil apd!'Water C[1i1BCrVatiOn3 i, ";�i�l�fkr�
Otherh 'A enC 7 1 f d �il ' ire �,
yls t,,:u d.,ti a3a�u.. t, �r. .i� .,_Ijfh M, ,, .,i41;.nf,r+, ur, 4
Type of Visit: 97gotpliance Inspection 0 Operation Review O Structure Evaluation Q Technical Assistance
Reason for Visit: O Routine (Complaint 0 Fallow -up O Referral O Emergency O Other O Denied Access
Date of Visit: LN_-c [ Arrival Time: (t : Departure Time: S p County: �' ? ��tf Region:
Farm Name: f3ep WAVr Uldc r`al►'A Owner Email:
Owner Name: „6 �v1
Wrti�/W t`cK
Phone: ji0_3,3)- ?br 2 2-7-1
Mailing Address: � iCii�
l,sv"t
Zmr
1.
� Cn yr
G Ze3
Physical Address: 1305
{wt,r ►',&G
2if
d i t1. "
2,3 Z Y
Facility Contact: I�0411
G—e-Latc-k
Title: ���
a
Phone:
Onsite Representative: C43 _)_ 13'r-w+..i
Gj"Lw',
'K
Integrator: sr -es (& L�
Certified Operator: " �`t
�cc r�,j
��
Certification Number:
Back-up Operator: Certification Number:
Location of Farm: Latitude: Longitude:
Dischar es and Stream Impacts
1 Is any discharge observed from any part of the oper n? �es ❑ No ❑ NA ❑ NE
Discharge originated at: ❑ Structure Application Field ❑ Other:
a. Was the conveyance man-made?
[R"Y'es
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWR)
0 Yes
❑ No
❑ NA
[] NE
c. What is the estimated volume that reached waters of the State (gallons)?
000
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
❑ Yes
ZNo
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
o
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
❑ Yes
YNo
❑ NA
❑ NE
of the State other than from a discharge?
Page 1 of 3 21412015 Continued

i
Facility Number: Date of Inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes [v�'i�o ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No �A ❑ NE
Structure l Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spiliway?:
Designed Freeboard (in):
Observed Freeboard (in): 719
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
,�3`&o
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
[] Yes
[r]No
❑ NA
❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental
threat, notify DWR
0 Do any of the structures need maintenance or improvement?
[g'Yes
❑ No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
[g-No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
[] Yes
[RNo
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
�Io
❑ NA
0 NE
maintenance or improvement?
1�. Is there evidence of incorrect 1 d application? If yes, check the appropriate box below. E Yes ❑ No ❑ NA ❑ NE
❑ Excessive Ponding [Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s): . ,,.0 v� ce'
13. Soil Type(s): ((e.
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes [EJ No ❑ NA ❑ NE
15 Does the receiving crop and/or land application site need improvement? QIfes ❑ No 0 NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable [] Yes [BINo ❑ NA ❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
0 Yes [D]No [] NA ❑ NE
❑ Yes E] No ❑ NA ❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
[J No
❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
[211�o
❑ NA 0 NE
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements
❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below.
Yes
[o
❑ NA ❑ NE
❑ Waste Application ❑ Weekly Freeboar ❑ Waste Analysis ❑ Soil Analysis
❑ Waste Transfers
❑ Weather Code
❑ Rainfall ❑Stocking ❑Crop Yield 0120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections
❑Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
❑ Yes
No
❑ NA ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No [ KNA ❑ NE
Page 2 of 3 21412015 Continued

FacilityNumber: 1� - Date of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes 0-<o ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑-N-o ❑ NA ❑ NE
the appropriate box(es) below. ,
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes 2<No ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes PT —No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
❑moo
❑ NA
❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
El No
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately.
30 Did the facility fail to notify the Regional Office of emergency situations as required by the
E Yes
❑ No
❑ NA
❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
13<0
❑ NA
❑ NE
Application Field ❑ Lagoon/Storage Pond ❑ Other:
Were any additional problems noted which cause non-compliance of the permit or CAWMP7
es o
❑ NA
❑ NE
33. id the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
D Mo
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes
K0
❑ NA
0 NE
Comments {refer to`question!;#)'E><plsin ariy:YES!answers antl/or'any diNanai recommendations'or,'anyjother'comrrients'
" � 'F ;i-.: ,..);.��:. {.', o i� �
Use drawings..af Fac,i,lity td.better cx lainaifuations {use dud litionai._ ag s.necessa )
yef
y
07to- 3og., 0 5 czcl
Reviewer/Inspector Name: P +11 V Aj yb6 Phone: 0(0� t - 33 ,333 I
Reviewer/inspector Signature: 1 Date:
0 J�)eC.
7
Page 3 of 3 21412015

December 19, 2017
On December 18 Fayetteville Regional Office staff received a call about pink water,
possibly from a hog farm, in a creek along Tanglewood Lane just east of Simmons
Road and south of Honrine Road, Clinton, NC. Bill Dunlap routinely inspects the farm in
question and went to investigate. Mr. Curtis Barwick maintains records for the farm on
behalf of the owner, Mr. Ben Warwick. Mr. Barwick was notified and met with staff at the
farm, along with owner, Mr. Ben Warwick and his uncle, Mr. Ronnie Brewer. We wish to
thank Mr. Barwick, Mr. Warwick and Mr. Brewer for their cooperation and assistance in
the investigation.
Staff located a pool of pink tinted water about 100 feet into the woods down slope from
the application field. Samples were taken and preserved appropriately. Because of the
s times involved, estimating the actual discharge leaving the field is a challenge. Mr.
Warwick's irrigation gun applies a calibrated 160 gallons per minute. By his own
admission, the pump ran for at least 12 hours. 160 gallons per minute X 60 minutes per
hour X 12-hour application time = 115,200 gallons. Of this amount, an estimated 86,400
gallons was applied to the 4.6-acre field over the course of approximately 9 hours. at a
rate of 18,782 gallons per acre or 0.69 inches per hour. While this exceeds the
permitted rate of 0,5 inches per acre in one application, it does not exceed the
infiltration rate for the Norfolk and Autryville soils in this field. That rate is 0.57 to 1.98
inches per hour, depending on field capacity, per the information in Web Soil Survey.
According to weather.gov, the area had received no measurable rainfall in the last 7
days, between 2 and 3 inches in the last 30 days. The field was relative dry with high
water holding capacity and infiltration potential. That leaves an estimated 28,800 gallons
to potentially pond, saturate the area and run out of the field. A down slope area from
where the gun stopped had a wet area about 50 feet wide by 175 feet long before
leaving the field. That would be an area of about 0.2 acres. Assuming this area would
be saturated before any waste left the field would be a maximum of 10,800 gallons,
calculated by multiplying the area by the potential absorption. This would leave an
estimated 18,000 gallons to have left the field.
Mr. Warwick acknowledged that he had intended to cut the pump,off'at about 2:00 AM,
his last inspection having been at midnight. However, he fell asleep and did not cut the
pump off until 5:00 AM. It being dark, he returned to the field about 9:00 AM and saw
only a small amount of ponding near the edge of the field. He said he should have
investigated further and called us but did not.
A second sample was taken downstream at Simmons Road and Tanglewood Lane,
preserved appropriately. The water here was clear, with not tinge of pink. There were no
upstream samples because the farm is located on a ridge, all topography slopes away
from the location. Samples for fecal coliform bacteria were taken directly to Microbac at
3:27 PM for analysis. The nutrient samples sent to Raleigh for analysis by Department
laboratory later that afternoon by courier.
I

f-ottut1 vtu
DEQIDWR
Water Resources
Environmental Quality
MAY 4 3 2018
WQRos
FAYEMILLE REGiONALQFFICE
April 26, 2018
CERTIFIED MAIL - #7016 2140 0000 0562 401
RETURN RECEIPT RE UESTED
Ben Warwick
Ben Warwick Farm
1897 Wilson Road
Clinton, NC 28328
Dear Mr. Warwick:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 82-0187
Sampson County
Enforcement File No. DV-2018-0031
This letter transmits notice of a civil penalty assessed against Ben Thomas Warwick in the amount of
$5,000.00, and $851.17 in investigative costs, for a total of $5,851.17. 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 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
----�Nothing Compares:—k—,.
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

s
Assessment of civil penalty !
Ben Warwick ,
Enforcement # D-2018-0031
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
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. 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 and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
Ben Warwick
Enforcement # D-2018-0031
Page 3 of 3
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Included in this enforcement package is the requirement to apply for coverage under an NPDES
permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal
Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency once a facility has a discharge to waters of the State, the permittee
must apply for an NPDES permit (see the attached letter for instructions).
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
ySinceely,s rd, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor w/ attachments
File # DV-2018-0031 w/ attachments
WQROS Central Files w/ attachments
Sampson County Health Department

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
File No. DV-2018-0031
IN THE MATTER OF
}
BEN THOMAS WARWICK
}
FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE
) AND ASSESSMENTS OF
GENERAL PERMIT AWG100000
) CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA
)
GENERAL STATUE 143-215.1
)
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), 1, Jon Risgaard, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
1. FINDINGS OF FACT:
A. Ben Thomas Warwick owns and operates Ben Warwick Farm a swine animal operation
located along 1305 Honrine Road, Clinton, NC in Sampson County.
B. Ben Thomas Warwick was issued a Certificate of Coverage AWS820187 under General
Permit AWG100000 for Ben Warwick Farm on October 1, 2014, effective upon issuance,
with an expiration date of September 30, 2019.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State."
D. Condition I. I. General Permit AWG100000 states in part that "Any discharge of waste
which reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyances, direct application and
direct discharge or through ditches not otherwise classified as State waters."
E. ' On December 18, 2017 DWR staff received notification from a member of the public by
telephone that swine waste had discharged from a spray field on the farm of Mr. Ben
Warwick on Honrine Road near Clinton. DWR staff responded by visiting the farm,
determining that waste had discharged from the spray field in question and documented the
same by photograph and samples. DWR discovered animal waste running off from a field
ditch and draining into unnamed tributary to Great Coharie Creek which are Class C, SW
waters of the State within the Cape Fear River Basin. The volume of waste discharged was
estimated to be approximately 13,645 or more gallons. The downstream water. sample
showed nutrient, SOD and fecal coliform levels above the normal range.

F. Condition No. I1.2. of General Permit AWG100000 states that "A vegetative cover shall
be maintained as specified in the facility's CAWMP on all land application fields and
buffers in accordance with the CAWMP. No waste shall be applied upon areas not included
in the CAWMP or upon areas where the crop is insufficient for nutrient utilization.
However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to
planting or breaking dormancy."
G. On December 18, 2017, it was documented that the Bermuda crop was insufficient for
utilization of nutrients applied.
H. Condition No. 11.5. of General permit AWG100000 states that "In no case shall land
application rates result in excessive ponding or any runoff during any given application
event."
I. On December 18, 2017, it was documented that wastewater was ponded in the spray field
and runoff of the field into unnamed tributary of the Great Coharie Creek.
Condition II.17. of General Permit AWG100000 states in part that "In accordance with
15A NCAC 8F .0203(c)(2), the OIC or a designated back-up OIC of a Type B Animal
Waste Management System shall inspect, or a person under the supervision of an OIC or
designated back-up OIC shall inspect, the land application site as often as necessary to
insure that the animal waste is land applied in accordance with the CAWMP. In no case
shall the time between inspections be more than 120 minutes during the application of
waste. A record of each inspection shall be recorded on forms supplied by, or approved
by, the Division and shall include the date, time, sprayfield number and name of the
operator for each inspection. Inspection shall included but not be limited to visual
observation of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste."
K. Condition No. 11I.13. of General Permit AWG100000 states that "The Permittee shall
report by telephone to the appropriate Division Regional Office as soon as possible, but in
no case more than twenty-four (24) hours following first knowledge of the occurrence of
any of the following events: (a) Failure of any component of the animal waste management
system resulting in a discharge to ditches, surface waters, or wetlands.
L. The Fayetteville Regional Office had not received notification within 24 hours of the first
knowledge of wastewater discharge from Ben Warwick Farm.
M. During the compliance inspection, no written documentation was provided to show that
someone inspected the spray field or any other area of the farm during land application
events.
N. On January 19, 2018, the Division issued a Notice of Violation /Notice of Intent to Enforce
(NOV/NOI) to Ben Thomas Warwick identifying violations of N.C.G.S. 143-215.1 and
General Permit AWG100000. The violations include the unlawful discharge of wastes to
waters of the State, and failing to notify DWR of the non- compliance events.
O. The NOV/NOI letter was sent by certified mail, return receipt requested and received on
January 29, 2018.
P. The costs to the State of the enforcement procedures in this matter totaled $851.17.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Ben Thomas Warwick is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Great Coharie Creek 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 on December 18, 2017 constituted making an outlet to waters
of the State for purposes of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a
permit. The discharge also violated Condition 1.1. of General Permit AWG100000.
E. The above -cited failure to maintain a vegetative cover as specified in the facility's
CAWMP violated Condition No. II.2. of the General Permit AWG1000000.
F. The above -cited failure to prevent excessive ponding and runoff violated Condition No.
II.5. of the General Permit AWG100000.
G. The above -cited failure of the Operator in Charge (O1C) or a person under the supervision
of an OIC to inspect the land application as often as necessary to ensure that the animal
waste is land applied in accordance with the CAWMP violated Condition No. 11.17. of the
General Permit AWG100000.
H. 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 first knowledge of the occurrence
of wastewater discharge violated Condition III.13. a. of the General Permit AWG 100000.
I. Ben Thomas Warwick may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit required by G.S. 143-
215.1.
The State's enforcement costs in this matter may be assessed against Ben Thomas Warwick
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
K. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, Ben Thomas Warwick, owner of Ben Warwick Farm at the time of the noncompliance
is hereby assessed a civil penalty of

For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition 1. 1. of the General Permit
AWG 100000.
$
For violating Condition 11. 1. of the General Permit AWG100000 by
failing to properly operate and maintain collection, treatment, and storage
facilities, and land application equipment fields
s�
and at all times.
$
For violating Condition 11.2. of General Permit AWG 100000 for failure to
maintain a vegetative cover as specified in the facility's CAWMP.
1000
—_
For violating Condition II.5. of the General Permit AWG100000 for
applying animal waste resulting in excessive ponding and runoff.
110W
For violating Condition H.17. of General Permit AWG100000 for failure
of the Operator in Charge (OIC) or a person under the supervision of an
OIC to inspect the land application as often as necessary to ensure that the
animal waste is land applied in
accordance with the CAWMP.
$ SOQ
For violating Condition 111.13. a. of General Permit AWG100000 for
failing to report by telephone to the appropriate Regional Office as soon
as possible, but in no case more than 24 hours, first knowledge of the
occurrence of wastewater discharge to waters of the State.
$- 5, o (b
TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$851.17
Enforcement costs
$- � �S 1, ( 7 TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.

V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Ben Thomas
Warwick, in accordance with N.C.G.S. 143-215.6(A)(d).
42'7
(Date) Jo sgaard, Chief
Water Quality Regional Operations Section
Division of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Ben Thomas Warwick
County: Sampson
Case Number: DV-2018-0031
Permit Number: AWS820187
ASSESSMENT FACTORS
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;
In reference to the cited violation, no harm to the natural resources of the State was observed, to the
public health, or to private property was documented. DWR estimated about 13,645 gallons or more of
animal waste ran off into the adjoining creel.
2) The duration and gravity of the violation;
Approximately 3 hours.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater quality was not measured. Visual and analytical evidence confirmed that
wastewater (at least 13,645 gal. estimated) was discharged from the spray field. The downstream water
sample showed nutrient, BOD and fecal coliform levels above the normal range.
4) The cost of rectifying the damage;
This factor cannot be determined because no data exists to establish the presence or extent of damages.
5) The amount of money saved by noncompliance;
No monetary savings can be determined.
b) Whether the violation was committed willfully or intentionally;
The permitee failed to conduct 120 minute inspections as required, a negligent act, therefore the incident
might not have been willful or intentional, it certainly could be considered such.
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
• Prior violations at this farm were under a different ownership — NOV for failure to pay the 2010
annual fee.
8) The cost to the State of the enforcement procedures.
$851.17
Date J Risgaard
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REOUEST
Case Number: DV-2018-0031 County: Sampson
Assessed Party: Ben Thomas Warwick
Permit No.: AWS820187 Amount assessed: $5,851.17
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. _Waiver o Rijzht to an Administrative Hearin, 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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted 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 NCGS 143B-282.1(b) were,
wrongfully apl2lied to the detriment of the 2etitioner (the assessment factors are
included in the attached penalty matrix and/or 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 joenalty 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:
\Rem. req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
BEN THOMAS WARWICK )
}
PERMIT NO. AWS820187 ) FILE NO. DV-2018-0031
Having been assessed civil penalties totaling $5,851.17 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, April 26, 2018, the undersigned,
desiring to seek remission of the civil penalty, 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 Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the day of , 2018
Signature
ADDRESS
TELEPHONE

Water Resources
Environmental Quality
April 26, 2018
Ben Warwick
Ben Warwick Farm
1897 Wilson Road
Clinton, NC 28328
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: National Pollutant Discharge Elimination
System (NPDES) Permit Requirement
Facility Number: AWS820187
Dear Mr. Warwick:
According to our records, your facility was assessed for a discharge of wastewater to the waters
of the, state that occurred December 18, 2017. As a result, according to the North Carolina
General Statutes § 143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency, you are
required to apply for coverage under an NPDES permit.
Within 90 days of receipt of this letter, complete and return the attached form, "NPDES
General Permit Application-- Existing Animal Waste Operations." Please carefully follow
the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a
General Permit, please contact us and we will forward you that application.. Two copies of your
complete Certified Animal Waste Management Plan are required with the permit
application. Please refer to the checklist on page two of the application to be sure that all
necessary documents are submitted with the application.
A copy of the NPDES General Permit may be downloaded at our website:
htip :lldeg. nc. gQv/about/divisions/water-resources/water-a uality-reeional-operati ons/afo
If it is your opinion that your facility should not be required coverage under an NPDES permit,
please provide written justification (such as change in ownership and management) so that the
Division can make appropriate determination to your situation.
Continued...
-:?— Nothing Compares,.,
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center � Raleigh, North Carolina 27699-1636
919-707.9129

Failure to submit the documentation as required may subject your facility to a civil penalty and
other enforcement actions for each day the facility is operated following the due date.
If you have any questions about the NPDES permit or the enclosed application, please feel free
to contact the Animal Feeding Operations Program staff at [phone].
Sincerely,
i
/onRlis aard, Chief
Water Quality Regional Operations Section
Division of Water Resources
CC: Fayetteville Regional Office, Water Quality Regional Operations Section
Sampson County Soil and Water Conservation District
Facility File (AWS820187)

June 30, 2005
JUL 0 1 2005
pin FAY _L- f EG10'�AL a
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
N.C. Department of Environment & Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301
Re: June 13, 2005, Notice of Violation
Dear Mr. Barnhardt:
lIUNTON & WILLIAMS 1-1_P
!'OST OFFICE 13OX 109
RALEIGH, NORTH CAROLINA 27602
TEL 919.899 • 3Uf10
FAX 919.833 • 6352
JULIE B. 13EDDINGFIELD
I]IRECT DIAL: 919-899-3047
EMAIL: [e-mail]
FILE NO: 46752.8
On behalf of my'client, Kenrietli Bfadsliaw Farm- (the„"Farm"}I;am providing this
response to your Notice of Violation''dated June 1,3, .2005 (the""NOV"},'regarding violation of
NPDES Permit No. NCA200000 (the "Permit") by applying animal waste during a rain event.
As requested in the NOV, this response will address both the occurrence of a violation as well
as steps the Farm plans to take to prevent such occurrences in the future. The Farm would
emphasize that at no time was there any release of waste to surface waters and therefore no
environmental harm as a result of these events.
On May 30, 2005, at approximately 8:00 a.m. the Farm's OIC, Kenneth Bradshaw,
began waste application on the area at the Farm known as Pull 4. It was not raining at the time
application began. The OTC briefly left the farm for a business meeting in Newton Grove. At
about 8:45 a.m. the OIC returned to the Farm and found that a newborn calf had broken out of
its fence and run into the woods. At that time, the OTC and several others began a search for
the calf in the surrounding woods. While they were away, a very light rain began.
Approximately two hours later the calf was found and the OIC returned and shut off the
application. There was no indication that any waste was released to surface or groundwater
and there is no reason to believe any surface or groundwater quality problems have resulted
from these events.
With respect to future precautionary.measures; the Fann plans to install a shut-off
sensor on the application system's reel that will automatically shut down application if if
begins to rain. The OIC will take extra efforts to not leave the Farm during application
activities except in an emergency. In addition, the Farm is in the process of installing
ATLANTA AUSTIN BANGKOK BRUSSELS CHARLOTTE DALLAS HONG KONG KNOXVILLE
LONDON McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SINGAPORE WASHINGTON
www.hunton.com

kyglikmg
Mr. Stephen A. Barnhardt
June 30, 2005
Page 2
surveillance equipment around the hog houses and hog house path in order to better monitor
activities around the Farm, including video monitoring of its spray application activities. The
Farm believes that these extra measures will more than adequately ensure that no application
will occur during rain events.
Finally, the Farm would like to convey its belief that its operations are protective of
surface and groundwaters, that it has not caused or contributed environmental harm to the
area's waters. We understand there have been complaints by neighboring property owners that
activities at the Farm have impaired neighboring drinking water wells. However, it is the
Farm's understanding that DWQ has determined that issues with those drinking water wells are
due to problems with the septic systems on those properties, and are not related to activities on
the Farm. We would request that DWQ notify the neighbors of this fact so as to resolve some
of the conflict related to those issues and alleviate the administrative burden and interruption
such conflict can cause.
If you have any questions related to this matter, please do not hesitate to contact me.
CC' Kenneth Bradshaw

J
ar[���1� VFl1�.rnq•�
L.3o-o5
June 30, 2005
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
N.C. Department of Environment & Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301
Re: June 13, 2005, Notice of Violation
Dear Mr. Barnhardt:
14UNTON & WILLIAMS LLP
POST OFFICE EOX 109
RALEIGH, NORTH CAROLINA 27602
TEL 919 •899.3000
FAX 919.833 • 6352
JULIE B. BEDDINGFIELD
DIRECT DIAL: 919-899-3047
EMAIL: [e-mail]
FILE NO: 46752.8
On behalf of my client, Kenneth Bradshaw Farm (the "Farm"), I am providing this
response to your Notice of Violation dated June 13, 2005 (the "NOV"), regarding violation of
NPDES Permit No. NCA200000 (the "Permit") by applying animal waste during a rain event.
As requested in the NOV, this response will address both the occurrence of a violation as well
as steps the Farm plans to take to prevent such occurrences in the future. The Farm would
emphasize that at no time was there any release of waste to surface waters and therefore no
environmental harm as a result of these events.
On May 30, 2005, at approximately 8:00 a.m. the Farm's OIC, Kenneth Bradshaw,
began waste application on the area at the Farm known as Pull 4. It was not raining at the time
application began. The OIC briefly left the farm for a business meeting in Newton Grove. At
about 8:45 a.m. the OIC returned to the Farm and found that a newborn calf had broken out of
its fence and run into the woods. At that time, the OIC and several others began a search for
the calf in the surrounding woods. While they were away, a very light rain began.
'Approximately two hours later the calf was found and the OIC returned and shut off the
application. There was no indication that any waste was released to surface or groundwater
and there is no reason to believe any surface or groundwater quality problems have resulted
from these events.
With respect to future precautionary measures, the Farm plans to install a shut-off
sensor on the application system's reel that will automatically shut down application if it
begins to rain. The OIC will take extra efforts to not leave the Farm during application
activities except in an emergency. In addition, the Farm is in the process of installing

Mr. Stephen A. Barnhardt
June 30, 2005
Page 2
surveillance equipment around the hog houses and hog house path in order to better monitor
activities around the Farm, including video monitoring of its spray application activities. The
Farm believes that these extra measures will more than adequately ensure that no application
will occur during rain events.
Finally, the Farm would like to convey its belief that its operations are protective of
surface and groundwaters, that it has not caused or contributed environmental harm to the
area's waters. We understand there have been complaints by neighboring property owners that
activities at the Farm have impaired neighboring drinking water wells. However, it is the
Farm's understanding that DWQ has determined that issues with those drinking water wells are
due to problems with the septic systems on those properties, and are not related to activities on
the Farm. We would request that DWQ notify the neighbors of this fact so as to resolve some
of the conflict related to those issues and alleviate the administrative burden and interruption
such conflict can cause.
If you have any questions related to this matter, please do not hesitate to contact me.
Sincerely,
Julie B. Beddingfleld
cc: Kenneth Bradshaw

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
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Bradshaw
1503 Horine Road
Clinton, NC 28328
Subject: Update on Possible Over application/ Record Keeping
Dear Mr. Bradshaw
The Division of Water Quality thanks you for correcting your records in a timely manner. This
office hopes the record -keeping problem has been resolved. We may review the records several
times this year until we are convinced that the matter has been corrected. It is also a good idea to
double check irrigation records for math errors, the correct pull Id, application rates and
remaining PAN balances to ensure proper communication between the OIC and the individual
keeping the records. It may also be beneficial to fill out irrigation records as you are irrigating
while the information is on your mind.
If you have any questions concerning this matter, please do not hesitate to contact me at
[phone] ext. 730.
Thank you,
Mark Brantley
Environmental Specialist
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone]
Customer Service
1-877-623.6748

fa-r'F7
F W A TF
Michael F. Easley, Governor
O 9pG
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
L) 7,
Alan W. Klimek. P. E. Director
>
Division of Water Quality
Q
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 25, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Bradshaw
1503 Horine Road
Clinton, NC 28328
Subject: Update on Possible Over application/ Record Keeping
Dear Mr, Bradshaw
During a follow-up inspection on 5-7-04 you indicated that you thought you had a recordkeeping
problem for the spray irrigation events conducted between 12-28-03 and 12-31-03. If this is a
recordkeeping problem,please correct your records for this application event to show the correct
irrigation times, field Id numbers, and amounts. Alsoplease send this office a copy of the
corrected irrigation forms by June 13, 2004. This information is vital in assisting this office in
making a final decision if further action is warranted on this matter. If this cannot be done, this
office will have no choice but to issue a Notice of Violation with possible enforcement.
If you have any questions concerning this matter, please do not hesitate to contact me at
[phone] ext. 730.
Sincerely,
Mark Brantley
Environmental Specialist
,��CN-8
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

F"2- -./J 'l
WNA
Rp�.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
�0�0
{!J
Alan W. Klimek, P. E. Director
Division of Water Quality
p -S
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Bradshaw
1503 Horine Road
Clinton, NC 28328
Subject: Update on Possible Over application/ Record Keeping
Dear Mr. Bradshaw
The Division of Water Quality thanks you for correcting your records in a timely manner. This
office hopes the record -keeping problem has been resolved. We may review the records several
times this year until we are convinced that the matter has been corrected. It is also a good idea to
double check irrigation records for math errors, the correct pull Id, application rates and
remaining PAN balances to ensure proper communication between the OIC and the individual
keeping the records. It may also be beneficial to fill out irrigation records as you are irrigating
while the information is on your mind.
If you have any questions concerning this matter, please do not hesitate to contact me at
[phone] ext. 730.
Thank you,
&e
Mark Brantley
Environmental Specialist
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

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Tract #
Field
Lagoon
Date
mmldd/ r
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Field Size
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Start Time
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Lagoon Irrigation Fields Record
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Irrigation Operator
Irrigation Operators
Address ire
Operator's Phone # -
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Crop Type Recommended PAW Loading
(lbracre) _ MI •_ ,
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Irrigation
Waste Analysis PAN' PAW A1ppGed Nitrogen Balance =
(Ib11000 goo (lb/acro) (Rdacre)
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Owners Signature 1°��n�lrt 5�'�� nr,r r,�;;`
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Operators Certification No. 12 Q-C-11 ( }
, Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633.
the value received by subtracting column (10) from (B) Conlinue subtracting colun)n (10) from column (11) following each irrigation event

v1iAr�
Nlichucl F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Aepartrn4at or F.nvirnnment and Natural Resources
_OHO+;
r
Alan W. Klimek, P. E. Director
7
Q
`C
Division of Walcr Quality
Culectr li. Sullins. Dcputy Director '
Division of Water Quality
May 25, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Bradshaw
1503 Horine Road
Clinton, NC 29328
Subject: Update on Passible Over application/ Record Keeping
Dear Mr. Bradshaw
During a follow-up inspection on 5-7-04 you indicated that you thought you had a recordkeeping
problem for the spray irrigation events conducted between 12-28-03 and 12-31-03, If this is a
recordkeeping problem,please correct your records for this application event to show the correct
irrigation times, field Id numbers, and amounts. Also,please send this office a copy of the
corrected irrigation forms by June. 13, 2004. This information is vital in assisting this office in
making a final decision if further action is warranted on this (natter. If this cannot be done, this
office will have no choice but to issue a Notice of Violation with possible enforcement.
If you have any questions concerning this matter, please do not hesitate to contact me at
[phone] exi. 730.�9?,. },
Sincerely,
Mark Brantic y
Environmental Specialist
N. C. 17ivisinn of Watcr Quality 225 Green SLTcot Fayetteville, Nordi CalnGnu 29301.5043 (J 1U)48G-1541 t-ux (910) 48G-0707
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Customer Service
1-877-623-6741i
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Farm Owner
Owner's Address
Owners Phone #
Date
WMd/yr
Field #
&,
Facility Number —
Irrigation Operator
Irrigation Operator's
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ulitied Operator (Print) r� - {.�; Operator's Certification No.
A Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633•
i the value received by subtracting column (to) Irom (B) Continue subllacling columrl (10) Irom column (ill lollowing each irrigation event
,•
aA

71v,,,R"NI 11414 1
Farm Owner
Irrigation Operator
0
FUl kt'L!0lkIjjl2j 11-limili'll I:Vclll!; kill l)lfl*o,-lli
S3 -- Facility Number
I ILI I Al �fl
Irrigation Time
Tract #
Field
Lagoon
TY)
Date
(mm/dd/yr)
Crop Type'
Field Size
(acres)
Start Time
End Time
Totat
Minutes
Number of
Sprinklers Operating

Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Lagoon irrigation Fields Record
One Form for Each Field per Crop Cycle
Field #
Facility Number •-.. 1 g F r
Irrigation Operator
Irrigation Operators
Address
Operators Phone # -
From Waste Utilization Plan
Crop Type LJ (t Recommended PAN ionfin
i 1 'r' I -&—) a (B} . L4
111 (2) M 141 r51 rsr 0% rah r91 rim n r1
Data
tnrdd�
Irrigation
Waste Analysis PAN'
(ad,000 Quo
PAN Applied
ObInre)
r91 • 191
1000
Nitrogen Balance
(Wacre)
Stan Time
Ti
End ne
I
Total
Mirndes
M - M
V of sprinklers
Operating
Flow Rate
(gatfrrun)
Total Vohane
{gallons)
[Bl ■ (6) • (4)
Volume
per Acre
(geVaere}
_!7j_
(Al
Crop Cycle Totals
Owner's Signature
:rtified Operator (Print)
Operator's Signature �;r - r : `•:
Operator's Certification No.
A Waste Anaylysis or Equivalent or NRCS EsItmate, Technical Guide Section 633,
r the value received by subtracting column (10) from (8) Continue subtracting column (10) ftom column (11) following each irrigation event

��*/l
F`xx/ Iux � |a�""�iiqx"Jh`lyw"w>x].hk^`v`k.
Fol k ti11.11,11aittill till |vK'mohw.is
Farm Ovvnar FoudoyN^xnbe/
--- - ------_'_-_.-__-__
hnQahon[>penykot � ^
rigation Time
Tract it
Field
Lagoon
Date
Crop Type
Field Size
Start Time
Ei)d Time
Total
Number of
Q_:,'`~ .`Cc~

f Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract #
-ield Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Facility Number
Irrigation Operator
Irrigation Operator's
Address
Operator's Phone is
From Waste Utilization Plan
Crop Type ` ` Recommended PAN Loading
1�(-J (lblacre) a (13) L�
(t! (2) (3) 4) ) (61 (7) {0) (9) (10) (111
Irrigation
ti1e
Start Tune
UddtYr
Total
End Time Nlirunes
8 of 5 pars
O
Operating
Total Volume
Flow Rate
(gallons)
(gaumun) (6) a (s) ' (4)
Volume Waste Analysis PAN' PAN Applied Nitrogen Balance
par Acre (MI1000 gaQ (iWacre) {IWacre)
{gaVacra) MM 91 (9)- (10)
17i7 , 1000
a
idl ism
Crop Cycle Totals j I .— 1
Owner's Signature &!Yil1'� �,r��_,r :�1 Y Operator's Signature�W PAL 110CALLU",
tified Operator (Print) Operator's Certification No. ()OC2 q t
Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633.
he value received by subtracting column (10) from (B) Continue subtracting column (10) from column (11) following each irrigation everit

FoRNI flirt l I.iquitl lijigaiton hel,k kecoiik
I'ui IkiI111 t Ir1ti'_tdi(111 I11'.• us L)II I iiIk-111 1'1d,k
Farm Owner �v V-1 Facility Number
Irrigation Operator
Irr1 ation Tuire
Tract #>
Field
Lagoon
Tn
Date
mm/dd/ r
Crop Type �
Field Size
acres
Start Time
End Time
Total
Minutes
! Numbe€ of
Sprinklers Operating
'.i _ i ? E
�t�-'�'
�1
S OC r• �� �F
.l
4 `L. i
�V
Y '1 ,L.d
k i i
00
i
f
f
Soo
Y
i,i-

1 r
KR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Field # }�
cam• h Y � � .�
v+a.
�.,
i' S ,,-� 1
Facility Number -I
Irrigation Operator
Irrigation Operator's
Address 7rul ()�Z 'e
Operators Phone #
From Waste utilization Plan .
Crop Type Racommended PAN Loading
tiblacre) - (a
Et) (2) (3) 44) 15) (6) (7) (a) l9) (101 (111
(?ata
m/ddlyr
irrigation
.
Waste Analysis PAN'
(Ibl1001) gaq
PAN Applied
oblacre)
t9) ■ (91
1000
Nitrogen Balance =
(lbfacre)
M-00)
Start Time
End Tana
{
Total
ilTotals
(3) - R)
g of Sprinidars
Operating
Flow Rate
(9alNnm)
Total Volume
{galbns)
M . (5)' (4)
Volume
per Awe
(galfacre)
17)
^7
1 00
R
(Pi �
a
Crop Cycle Totals
Owner's Signature lgffvraA�)RCt
nified Operator (Print) G, , Sh
Operator's Signature n
Operator's Certification No-
k Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633.
the value received by subtracting column (10) from (B) Continue subtracting column (10) from column (11) following each irrigation event

IRR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Fietd #
6 �v •3 i�t� •r� � i � e.
• I L4_
Facility Number
Irrigation Operator
Irrigation Operators
Address
Operator's Phone #
From Waste Utilization Plan
crop Type Recommended PAN Loading
l ) (Wacre) a {e)
(1) r21 r31 141 (51 161 171 rat rqn n m n n
Dale
vWddlyr
Irrigation
Waste Analysis PAN'
(Ib11000 gaQ
PAN Applied
owacre)
rot-- t91
1000
Ndrogen Balance =
(lblacre)
(s) - 00)
Start T•xne
End Time
Tow
Mires
V of Sprinlders
Operating
Flow Rate
(9allrrn)
Total Volume
{gallons)
{6j (5) ■ (4)
Volume
per Acre
(gatlecre)
i _
i-
i'.0o P
e
Wo
U
n2
l•
a,
. 1
Crop Cycle Totals
Owners Signature �'^[V1.. r; C2LL)
.rtified Operator (Print) yti � ,-) ;-rIC�S' -WA-)
Operators Signature Wom'-06,44,L�RCACcC'tC�
Operator's Certification No.
A Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633.
the value received by subtracting column (10) Irom (8) Continue subtracting column (10) from column (11) following each irrigation event

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
April 16, 2004
Mr. Kenneth Bradshaw
Kenneth Bradshaw Farm, Facility # 82-1 S7
1503 Horine Road
Clinton, NC 28328
Mr_ Bradshaw
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Qualily
This letter is in response to the Division of Water Quality's routine compliance inspection that was
performed on April 6, 2004 by Mark Brantley. It was noted on the inspection form that there was some
over application of Nitrogen on pull 213 on .December 3t1, 2003. The division requests that you please
send a copy of the IRR-2 form for this event along with your current waste utilization plan to the
Fayetteville Regional Office for further review by May 1, 2004. The mailing address is:
Division of Water Quality
Fayetteville Regional Office
225 Green Street
Suite 714
Fayetteville, North Carolina 28301
If you have any questions please call me at 910-486-1541 ext. 730.
Thanl: you JL � r)
v
Mark Brantley I `r
Environmental Specialist 1
225 Green Strcet— Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 91 d-486-1541 1 FAX: [phone] Internet: ww.enr,state.nc.us/ENR/
An Equal opportunity; Arlirinutive Active+ Employer— 50 rig Reoyciai 1 10 V. Post Consumer Taper
NNaturally
hCarolina
1 °I e9e=60 j,0 La -+dd

NPDES Permit Number NCA20006.
6. The annual permit fee shall be paid by the Permitter within thirty (30) days after hexing billed by
the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to
operate under this Permit.
7. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements,
which are required in the CAWMP, shall constitute grounds for revocation of its COC to operate
under this Permit.
& 'A COC: to operate under this General Permit is not transferable. In the event there is a desire for
the facility to change ownership, or there is a name change of the Permittee, a formal permit
request must fire submitted to the Division, including documentation from the parties involved
and other supporting materials as may be appropriate. This request will be considered on its
merits and may or may not be approved.
9- A COC to operate under this General Permit is effective only with respect to the nature and
volume of wastes described in the application and other supporting data. The Permittee shall
notify the Division immediately of any applicable information not provided in the permit.
application-
10. If the Permittee wishes to continue an. activity regulated by this General Pennit after the
expiration date of this permit, the Permittee must apply for and obtain a new COC. Renewal
applications must be filed at least 180 days prior to the expiration of the permit_
11. The issuance of a COC to operate under this General Pernut does not prohibit the Division from
reopening and mollifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations,
Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 21'1 .0100; ,�µ`'':
and North Carolina General Statute 143-215.1 and 215.10C.
12. The Director may require any person, otherwise eligible for coverage under this General Permit,
to apply for an individual NPDES permit by notifying that person that an application is required.
Coverage by this general permit shall automatically terminate upon issuance of the individual
permit.
V1. PENALTIES
Failure to abide by the conditions and limitations contained in this permit; the facility's COC;
the facility's CAWMP; applicable state law; and/or the Act and their implementing regulations
may subject the Permittee to an enforcement action by the Division And/or EPA including but not
limited to the modification of the animal waste management system, civil penalties, criminal
penalties and injunctive relief_
The Act and Q CFR fart 122.41, as well as state law, provide that any person who violates a
permit condition is subject to civil penalties and administrative penalties. In addition criminal
penalties including imprisonment are provided for falsifying data, knowingly violating a permit
condition, or for negligence.
2. The Permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of state law and the Act and is grounds for enforcement action, for permit
termination, revocation and reissuance. or modification; or denial of a permit renewal
application.,..
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would .have been
necessary to halt or reduce the ,permitted activity in order to maintain compliance with the
conditions of this permit_
March 14, 2003 12
i gee:60 1'0 G2 JdU

FoKNI licit I
Farm Owner
irrigation Operator
I'al!"I'll I.Itputl 1111-wilm HIAJ!4
-
7p- -q;.!�p3oq
Facility Number 1.
I ripalion Time
Tract M
Field'Lagoon
I
Date
m
M (mIdd/yr)
Crop Ty1-.,e
Field Size
(acres)
Start Time
End Time
Total 1 Number of
fin
WnLfleS Sprinklers Operati n
-OA
ID- 03
&A
Atli cl q
0 Ito:
a a -30-M
o6st
OD �i
oo
�hb
A l�N
)6LC IA�G
Pi
-j
0
A
0
w
7
FU

Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
y
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number — I .
Irrigation Operator
Irrigation Operators
Address
Operator's Phone #
From Waste Utilization Plan
QaP Type Recommended PAN Loedmg
lbracre) - (BI L i cr, ,
Owner's Signature 1 J, y.�, m „��.r r , : `, Operaloi s Signature
Milied Operator (Print) 1 l � � ^ ���� Operator's Certification No. )i r
C��]O
+A Waste Anaylysis or Equivalenl or NRCS Estimate. Technical Guide Section 533.
r the value received by subtracting column (10) from (B) Continue subtracting column (10) 1rom column (I i) Iallowing each irrigalion event
N
J
0
0
cn
Ed
m
m

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•i�. rI`�✓aa .�lyLSG t '3•�`!Y^J'ats �'- -ti rr.., r� r�^ 'r"' .. -{ �w1�4�' � � �,,+a4�
l .4i••�"�� r � �N{ .! � [� j� iuk ,r�4� y ,I� r �t .e '��r 0 j "
`• 1}+ r. -/C^ 't, :�,'�.• -� ,I.1"'"i�y z3_R'm'L�'L +•.l � �R�" �11 ff =7 �_�.0 r'� i ! 'ti rr.
.�•.. ./r• ;a"'7^ 3{+ + ,y f,.. r �� :'y 'y� 1 _ .ri �•1 w,� � u
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rk
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''Fyn �',7 ' ,•n, :�. �A ° I„j3'. 'wi' �#'��!.. l .1 � :: j y . y �^! - •«♦M"'ii ••-1" I
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• � ti. •��:. ,: J'. �. ,-� y • ��•t. -. '`1, r 1 _ �� Y � �` �� „I•�r�H.iAe` �'��4.'a
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� �� � ��R)��,�: r'�r �jN��. �•j' a �r�� �' �s.- �' � lg"1' '�1^ �-r l .�i{i 4+i5�r �.1 : t \ .rs
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Y.� W A, •+iF" , „• h�, •r•y• � '�3,jya ��'.„ � - ! 'I /, i 1 t'
*� �', :i' " #��� '`par,�i i17�'` f.,�E y? 4 ':s .. _ �(� _�T}.� �f+r r�a��,'" ' �5�u+ � r ` Y.�, I ' �[ f, "- r, ni n.x '� � fr .•'I,
"� � )_ V.�4r 1L}�� '�{ r r'r� �� '} j .r .i��ti �(�,i�� ..: "ii� . ti •+i., t-,s��ie+�� e� � r 1.,i� ..`` r' r !'
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�1� �! � �, i' :E'er`, fr, I,..J �� [�r, �N 1 •�� It��.. -t�G%� �"'„•,;^�, V � _
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�J � ,�J. w.l.:i9�.J4.'-de .:..k .. .. ,., r.. .. '�,y�.�L-.. +.3..ulr�!<. a,.lr. 5.-w .l'rr •.
T •d eeT S0T t,D L: .A all

I
Land owner:
Irrigation System
Designation:
Wetted Diameter
spacing;
Hydrant Layout:
Hard Hose Traveling Gun System
Kenneth Bradshaw Facility Number:
X Existing Irrigation System
300 feet
220 feet
X Multiple Hydrants
a2-1 B7
New/Expanding
Irrigation System
Single Hydrant
Pull
Number
Lane
Seacing
Pull
Length
Location
ExVint
Middle
Start
End
Stop
End
Total
Acres
1 A
220
255
Ext
1.52
0.74
2.26
1B
0,37
0.37
2A
220
265
Int
1,34
0.66
2.00
28
400
Half
1.01
1,01
3
220
780
Int
3.94
0.65
4.60
4A
Z0
300
Ext
0.76
0.37
1.13
4B
450
Ext
2.69
2.69
5
220
640
Ext
3.82
0.74
-0.55
4.01
6A
220
100
Ext
0.25
0.37
0.62
6B
220
1075
Int
5.43
5,43
7
220
1100
Int
6.56
0.66
6.22
8
220
1100
Ext
6.57
0.74
7.31
Total
37,65
Computed By:
Z•d
ellp t :01 b0 L�l -jdy

I
IRRIGATION SYSTEM PARAMETERS
Land Owner: Kenneth Bradshaw Date; 1121/01
Address: 1503 Honrine Road
Clinton NC 28328 Facility No. 82-187
Telephone: [phone]
County: Sam son
TABLE 1 - Field Specifications
Field No.
and/or
Pull No.
Maximum
Usable
Size of
Field
Soil ape
Slope
%
Crop(s)(
Maximum
Application
Rate
in/hr)
Maximum
Application
per irrigation
Cycle
inches
1
2.63
Au
0-2
SBDCIWheat
0,5
1
2
3.01
Au
0-2
SBDC/Wheat
0.5
1
3
4.60
Au
0-2
SBDC/1Nheat
0.5
1
4
3.L.1-
Au
0-2
SBDC/Wheat
0.5
1
5
4.01
Au
0-2
SBDCIWheat
0.5
1
6
6.05
Au
0-2
SBDCMheat
0.5
1
7
6.22
Au
0-2
SBDC/Wheat
0.5
1
8
7.31
Au
0-2
Coastal Bermuda
0.5
1
37:65
Computed By: x
E . d eiFI : 0I t10 Lai .add.

AL
w+ w..aiww,M
*'All
NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
April 16, 2004
Mr. Kenneth Bradshaw
Kenneth Bradshaw Farm, Facility # 82-187
1503 Horine Road
Clinton, NC 28328
Mr. Bradshaw
Natural Resources
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
This letter is in response to the Division of Water Quality's routine compliance inspection that was
performed on April 6, 2004 by Mark Brantley. It was noted on the inspection form that there was some
over application of Nitrogen on pull 2B on December 30, 2003. The division requests that you please
send a copy of the IRR-2 form for this event along with your current waste utilization plan to the
Fayetteville Regional Office for further review by May 1, 2004. The mailing address is:
Division of Water Quality
Fayetteville Regional Office
225 Green Street
Suite 714
Fayetteville, North Carolina 28301
If you have any questions please call me at 910-486-1541 ext. 730.
Thank you
Mark Brantley
Environmental Specialist
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet: ww.enr.state.'nc.us/ENR/
An Equal opportunity / Affirmative Action Employer — 50 % Recycled 1 10 % Post Consumer Paper
Noe Carolina
Afirturally

DEVICES TO AUTOMATICALLY STOP 111UZIGATION EVENTS
The State of North Carolina has issued NPDRS General Permits for animal facilities to operate in Nort
Carolina- These Permits ineet both State and EPA requirements and provide coverage for the following Type:.
of facilities.
NCA200000 (Swine Facilities)
NCA300000 (Cattle Facilities)
NCA400000 (Poultry Facilities with a wet waste management system)
You have recently been issued a Certificate of Coverage (COC) to operate your animal facility under one of
these General Permits.
Condition 11. 1 a.' of each of these Permits reads as follows:
Within one hundred and twenty (120) days of the effective date of a COC issued under this permit, the
permittee shall install, operate and maintain devices on all irrigation pumps/equipment designed to
automatically stop irrigation activities during precipitation. This condition does not apply to manure
spreadersi or other equipment pulled by manned vehicles.
The permittee will not be required to install, operate and maintain the devices if the permittee corn nits
to provide for the presence of the OIC or the designated backup OIC at all times during the land
application of waste. This commitment must be submitted in writing to the Division prior to the 120'
day following the effective date of the COC on a form supplied by, or approved by, the Division.
Please check the box below that indicates your commitment to do one of the following.
-- lb Within one hundred and twenty (120) days of the effective date of a COC issued under this permit, 7
shall install, operate and maintain devices on all irrigation pumps/equipment designed to automaticall,' >0
stop irrigation activities during precipitation. This condition does not apply to manure spreaders or other
equipment pulled by manned vehicles.
I will commit to provide for the presence of the Operator in Charge (OIC) or the designated backup QIC
at all times during the land application of waste.
"I certify under penalty of law that this document was prepared under my direction or supervision in
accordance wig:.-- system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are signif cant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
Facility Name j r. �.` ) 6-r { c\ss o i i) Facility Number
Permit Number_ ti Col-
or
Signature of Permittee
Signature of Operator in Ch
(if different from Permittee)
DTASIE 3-14-03
Date
0 t4 LCa .
Date
T -d ULO =oT 1'0 Gz ..add

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 22, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kenneth Bradshaw
1503 Honrine Road
Clinton, NC 28328
Subject: 'Inadequate Freeboard
No Further Action
Kenneth Bradshaw Farm
82-187
Sampson County
Dear Mr. Bradshaw:
Alan W. Klimek, P,E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville Regional
Office has determined that an NOV is appropriate due to poor operation and management.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Wom
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Customer Serylce: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity I Affirmative Action Employer
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April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT_ RE-OUESTED
Kenneth Bradshaw
1503 Honrine Road
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Kenneth Bradshaw Farm
#82-187
Sampson County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
1. i
rir,r ,1.2 V 2003
On April 10, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of.Coverage
issued to this facility on October 1, 1998. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist- us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mall Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 Stale Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http✓/h2o. enrstate.nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, VE.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

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
June 13, 2005
CERTIFIED MAIL
RETURN RECEIPT REgUESTED
Mr. Kenneth Bradshaw
1503 Honrine Road
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Kenneth Bradshaw Farm
Facility No. 82-0187
Sampson County
Permit No. NCA200000
Dear Mr. Bradshaw:
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: Failure to apply animal waste in accordance with your permit and Certified Animal Waste
Management Plan: (Permit No. NCA200000 Section 1, 3)
On May 30, 2005 you were observed applying waste from you permitted facility during a rain event. This is
a violation of your Certified Animal Waste Management Plan which is a referenced portion of your NPDES
permit.
Required Corrective action for Violation 1:
If you have not already done so, immediately cease application of animal waste during rain events and take
all necessary steps to insure this violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 30, 2005 unless another time frame is indicated below:
Please have the OIC for this farm include an explanation as to how this violation occurred.
ttoCaro
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North Carolina Division or Water Quality/Aquifer protection Section 225 Green SU Suite 714 Fayetteville, NC 28301 Phone [phone] t
FAX [phone] Internet, h2o.enr,state.nc.us Customer Service 1-877-623-6748
An Equal OpportunRy/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper

Mr. Bradshaw
June 13, 2005
Page 2
2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
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 have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Steph . Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick - Compliance Group
Central Files — Raleigh
FRO Files

Jun-30-05 02:04pm From-HUNTON&WILLIAMS [phone] T-799 P-01/03 F-864
P109
�
HWON&- tALtIGIL, SdRTH GwROLWw I7oo2
IAMS k'AL 9I9.899.30U
FAX 919 • 11133 5332
TO NAME. Stephen A. Barnhardt
FIRM: NC DENR
FAX NO.: 910-486-0707
PHONE NO
PAGES {INCwDING COVER): 3
ORIGINAL TO FOLLOW IN MAIL: ® Yes LINO
FROM NAK: Julie BeddingfEald
DIRECT DIAL: 919-899.3047
MESSAGE
IF PROBLEM WITH TRANSMISSION, PLEASE CONTACT KELLY .!ONES AT 919 v 899 a 3006 .
OPERATOR
DATE: June 30, 2005
TIME:
CLIENTrMATTER NAME:
CLIENTIMATTER NO.: 46752.08
This communication is conl54ential and is intended to be prMleged pursuant to the attomay-client privilege and
the work -product doctrine. If the reader of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication Is strictly prohibited, If you have received this communication in error, please
immediately natty us by telephone, and retum the original message to us et the above address via the U.S.
Pastas Service.

JUn-30-05 02:04pm From-HUNTONP ILLIAMS
r
[phone] T-790 P.02/03 F-864
1RNMN&'T
WKUANffi
.tune 30, 2005
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
N.C. Department of Environment & Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301
Re. June 13, 2005, Notice of Violation
Dear Mr. Barnhardt -
11UNTON & WILLIAMS 1.1 P
POST OFFICE BOX 109
RALEMIi. NOKIM CAROLINA 1.7602
TEL 91y • M - 3UUU
FAIT 90 -833 - 6352
JULIE A BEDD1NUFI:L0
OIREC'f DIAL M-999-3047
EMAIL. jbu7tl,n�iiol.]�ylh�nS�ncaui
FILE NO 40752 V
On behalf of my client, Kenneth Bradshaw Farm (the "Farris"), I am providing this
response to your Notice of Violation dated June 13, 2005 (the "NOV"), regarding violation of
NPDBS Permit No. NCA300000 (the "Pe -unit") by applying animal waste during a rain event.
As requested in the NOV, this response will address both the occurrence of a violation as well
as steps the Farm plans to take to prevent such occurrences in the future. The Farm would
emphasize that at no time was there any release of waste to surface waters and therefore no
environmental harm as a result of these events.
On May 30, 2005, at approximately 8:00 a.m. the Farm's OIC, Kenneth Bradshaw,
began waste application on the area at the Farm known as Pull 4. It was not raining at the time
application began. The OIC briefly left the farm for a business meeting in Newton Grove. At
about 8:45 a.m. the OIC returned to the Farm and found that a newborn calf had broken out of
its fence and run into the woods. At that time, the OIC and several others began a search for
the calf in the surrounding woods. While they were away, a very light rain began.
Approximately two hours later the calf was found and the OIC returned and shut off uic
application. There was no indication that any waste was released to surface or groundwater
and there is no reason to believe any surface or groundwater quality problems have resulted
from these events.
With respect to future precautionary measures, the Farm plans to install a shut-bff
sensor on the application system's reel,that will automatically shut down application if it
begins to rain. The OIC will take extra efforts to not leave the Farm during application
activities except in an emergency. In addition, the Farm is in the process of installing
ti:.au-, XNZ)-&VLLC

Jun-30-05 02:04pm
4
From-HUNTON&WILLIAMS
+0198336352
T-TOO P.03103 F-064
Mr. Stephen A. Barnhardt
June 30, 2005
Page 2
surveillance equipment around the hog houses and hog house path in order to better monitor
activities around the Farm, including video monitoring of its spray application activities_ The
Farm believes that these extra measures will more than adequately ensure that no application
will occur during rain events.
Finally, the Farm would like to convey its belief that its operations are protective of
surface and groundwaters, that it has not caused or contributed environmental harm to the
area's waters. We understand there have been complaints by neighboring property owners that
activities at the Farm have impaired neighboring drinking water wells. However, it is the
Farm's understanding that DWQ has determined that issues with those drinking water wells are
due to problems with the septic systems on those properties, and are not related to activities on
the Farm. We would request that DWQ notify the neighbors of this fact so as to resni" - some
of the conflict related to those issues and alleviate the administrative burden and interruption
such conflict can cause.
If you have any questions related to this matter, please do not hesitate to contact me.
0... -l.,
cc:, Kenneth Bradshaw
ME,
101