820207_ENFORCEMENT_20171231

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Jimmy McLamb
McLamb Corporation
P U Box 856
Warsaw NC 28398
Dear Mr. McLamb:
ffl�.�VA
E)o E N F=1
December 16, 1997 RED"117ED
DEC 2 2 1991
FrAYETTENTLLE
REG. OFFA32
SUBJECT: Acknowledgment receipt letter
McLamb Corporation
Farm # 82-207
Case No. DD 96-031
Sampson County
This letter is to acknowledge receipt of check No. 573 in the amount of
$1,352.88 received from The McLamb Corporation on November 20, 1997.
This payment equals four of twelve scheduled payments as agreed to by the
Division of Water Quality and Jimmy McLamb. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws.
If you have any questions please don't hesitate to call Shannon Langley at (919)
733-5083, extension 581.
SUte
cc:
Fayetteville Regional Office
Enforcement/Compliance Files
Central Files
Sincerel ,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

x.
r.
-- iA
NCDENR
JAMES B. HUNT JR.
t GOVERNOR -
r
gF
t
;1_1-I-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
` """'f IN "� !HATER QUALITY
September 18, 1998
CERTIFIED MAIL
RETURN RE `F`IYY REQ j __U U
Mr. Jimmy McLamb
1243-C Sunset Avenue
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
J.M. Swine Facility
Registration No. 82-207
Dear Mr. McLamb: Sampson County
On September 17, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the J.M. swine facility. It was observed
that a copy of the most recent certified animal waste plan (CAWIVIP) for the
feeder to finish operation identified 3700 head while the DWQ list only
identified 1500 head, however, this discrepancy was corrected subsequent to
the inspection with the DWQ Raleigh Office. In addition, the waterway in
field # 6 needs a suitable grass established and the waste samples need to be
collected more frequently.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Consult with a technical specialist for assistance in regard to the
establishment of the bermuda grass in field # 6 on the side slopes and
the waterway to prevent runoff.
2. Begin collecting waste samples within 60 days of waste application for
accurate recordkeeping.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. McLamb
Page 2
September 18, 1998
` Please notify this office on or before October 20, 1998 at the address below as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
If you have any questions concerning this matter, please call Bob Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 15, 1998
Mr. Jimmy McLamb
McLamb Corporation
P O Box 856
Warsaw NC 28398
DEN R
RECEIVED
.'"k' 911 1998
FAYE►TEVILLE
REG. OFFICE
SUBJECT: Acknowledgment receipt letter
McLamb Corporation -
Farm # 82-207
Case No. DD 96-031
Sampson County
Dear Mr. McLamb:
This letter is to acknowledge receipt of check No. 586 in the amount of
$1,352-88 received from The McLamb Corporation on January 14, 1998.
This payment equals eight of twelve scheduled payments as agreed to by the
Division of Water Quality and Jimmy McLamb. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws.
If you have any questions please don't hesitate to call Shannon Langley at (919)
733-5083, extension 581.
Sincerely,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
Kite
cc:
Ea—'
yetteville-Regional_Offitc_e�
Enforcement/Compliance Files
Central Files
P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

0� o�\Na r9
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McLamb Corporation
J.M. Farm
1243-C Sunset Ave
Clinton NC 28328
Dear McLamb Corporation:
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
May 1, 2003
Subject: Certificate of Coverage No. AWS820207
J.M. Farm
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the
Division of Water Quality (Division) to extend the expiration date of the Swine Waste Operation General
Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the
expiration date to October 1, 2004_ During the period of this extension the Division will be working with
all interested parties on the development of a new version of the Non -Discharge General Permit.
In accordance with your application received on March 21, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to McLamb
Corporation, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG100000. The issuance of this COC
supercedes and terminates your previous COC Number AWS820207 which expired on April 30, 2003.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the J.M. Farm, located in Sampson County, with an animal capacity of no greater
than an annual average of 3700 Feeder to Finish swine and the application to land as specified in the
facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to
Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may
be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4
gilts for every 3 sows
The COC shall be effective from the date of issuance until October 1, 2004. Pursuant -to -this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Pian is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property. "A
lel bEffR
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Opportunity Action Employer
Internet http:Yh2o.enr.state.nc.us/ndpu
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/10% post -consumer paper

Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current MRCS standards are met prior to restocking
of the facility.
Per MRCS standards a 100 foot separation shall be maintained between water supply wells and any
lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such.a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville -Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact J R Joshi at [phone] ext. 363.
Sincerely,
ide
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000) _.... . .. ......
cc: (Certificate of Coverage only for all cc's)
Fayetteville Regional Office, Water Quality Section
Sampson County Health Department
Sampson County Soil and Water Conservation District
Permit File AWS820207
NDPU Files

ANIMAL WASTE UTILIZATION PLAN e�jl
cA
WA F? j, EFO
Producer: McLAMB CORP SE��
Location: 1243 SUNSET AVE. APR 22-2003
CLINTON NC 28328 Wow
ge P&MI�
Telephone: [phone]
Type Operation: Existing Feeder to Finish Swine
Number of Animals: 3700.00 hogs
(Design Capacity)
STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon
APPLICATION METHOD: Irrigation
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops
in the fields where.the waste is to be applied.
This waste utilization plan useq nitrogen as the limiting nutrient.
Waste should be 'analyzed before each application cycle. -Annual -soil
tests are strongly encouraged so that all plant nutrients can be
balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner:
1. Always apply waste basp-d on the needs of the crop to be
grown and the nutrient content of the waste. Do not apply
more nitrogen than the crop can utilize.
2. Soil types are important as they have"different infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capacities.
3. Normally waste shall be applied to land eroding at less than
5 tons per acre per year. Waste may be applied to land
eroding at 5 or more tons per acre annually, but less than
10 tons per acre per year providing that adequate filter
strips are established.
4. Do not apply waste on saturated soils, when it is raining,
or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed
under DWQ regulations.
1
Page: 1

ANIMAL WASTE UTILIZATION PLAN
5. ;. Wind. conditions should also be considered to avoid drift and
''downwind odor problems.
6. To maximize the value of the nutrients for crop production
and .to reduce the potential for pollution,` the waste should
be applied to a growing crop or applied not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting'the waste or disking will conserve nutrients and
reduce.odor problems. '
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain' pH in the optimum range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
3700 hogs'x 1.9 tons waste/hogs/year = 7030 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
3700 hogs x 2.3 lbs PAN/hogs/year = 8510 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan
time and have appropriate equipment to apply the waste in a timely
manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
1� sod°
TRACT
FIELD
SOIL TYPE & CLASS-
CROP-
YIELD
LBS-
COMM N
**
* LBS
150 10
3
DETERMINING PHASE
CODE
4.6
AW N
PER
ACRES
AW N
1230 1
SG
PER AC
AC
1-3
USED
I
I
150
-----
WaB
BP
or
0
-------
1
/2f 11AI
APPLY
RESID.
1
APPLIC
1-4
1
I
METH
N
BP
TIME
4715
2
NoB
BP
4.6
230
0
4.2
966
SG
1
I
MAR -OCT
-1
1-2
ISG,
1-1
150 10
3
NOB
BF
4.6
0
1
I
1230 1
SG
1
0
1-3
1
I
I
150
4
WaB
BP
5.5275
0
1
/2f 11AI
SG
1
50 0
1-4
1
I
BOB
BP
3.4
0
16
1
I
1170
6
SG
1
0
I
150
END
I
4.2 1210
SEP -MAY
4.63 11064.9
MAR -OCT
4'.63 1231.5
SEP -MAY
5.84 14b4, , O
MAR -OCT
5.84 1292
SEP -MAY
18.85 3204.5
MAR -OCT
18.85 942.5
SEP -MAY
TOTAL 1 8517.,q
- Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
TE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This plan'
only addresses nitrogen.
Page: 3

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
f�
TRACT
�i
E
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
4715
DETERMINING PHASE
CODE
1
AW N
PER
ACRES
AW N
1-2
1
I
PER AC
AC
1420
USED
4615
3
roB
----
6.1
or
-------
APPLY
1305
RESID.
11412.15
APPLI C
4715
METH
1
N
TIME
4715
2
NoB
BH
6.1
305
0
4.2
1281
4715
4
WaB
I
5.5
0
MAR-9elf
TOTAL111892.4
- Indicates that this field is being overseeded (i.e.
interplanted) or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations
may require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This
plan only addresses nitrogen.
Page: 3
-- raVc . .7
4715
SG
1
0
Af P,�y
1-2
1
I
1100
14.2
1420
S E P -MAY-
4615
3
roB
BH
6.1
a
I
1305
14.63
11412.15
MAR
1
4715
SG
1
0
APR,
1-3
1
I 1
1100
14.63
1463
SEP
4715
4
WaB
BH
5.5
0
1
I
1275
15.84
11606
MARrereT
4715
--4
SG
1
0
Afyr�
1
I 1
1100
15.84
1584
SEP --MAL-4
4715
6
BOB
BH
4.5
0
I
1225
118.8S14241.25
M:AR-t G?
4715
--6
SG
1
0
1
I
1100
118.8511885�R
SEP
END
I
TOTAL111892.4
- Indicates that this field is being overseeded (i.e.
interplanted) or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations
may require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This
plan only addresses nitrogen.
Page: 3
-- raVc . .7

ANIMAL WASTE UTILIZATION PLAN J ��
TABLE 1: ACRES OWNED BY•PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
4715
--2
DETERM;NTNG PHASE
CODE
1
AW N
PER
ACRES
AW N
I
PER AC
AC
14.2
USED
4615
3
NOB
----
4.6
or
------
APPLY
1230
RESID.
14.63
APPLIC
4715
METH
1
N
TIME
4715
2
NoB
BP
4.6
230
0
4.2
966
I
MAR -OCT
TOTAL18946.6
- Indicates that this field is being overseeded (i.e.
interplanted) or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations
may require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This
plan only addresses nitrogen.
Page: 3
4715
--2
SG
1
0
I
175
14.2
1315
SEP -MAY
4615
3
NOB
BP
4.6
0
I
1230
14.63
11064.9
MAR -OCT
4715
SG
1
0
1-3
1
I
175
14.63
1347-25
SEP -MAY
4715
4
BP
4.1
0
jWaB
I
1205
15.84
11197.2
MAR -OCT
4715
SG
1
0
�-4
I
175
15.84
1438
SEP -MAY
4715
6
BOB
BP
3.4
0
•
I
1170
118.8513204.5
MAR -OCT
4715
SG
1
0
1-6
1
I
175
118.8-511413.75
SEP -MAY
END
I
TOTAL18946.6
- Indicates that this field is being overseeded (i.e.
interplanted) or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations
may require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This
plan only addresses nitrogen.
Page: 3

ANIMAL WASTE UTILIZATION PLAN
** Acreage figures may exceed.total acreage in fields due to
overseedin4'
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend' explains the crop codes used in tables 1 and 2 above:
I CROP CODE
CRO
BP HYBRID BERMUDAGRASS -PASTURE
SG SMALL GRAIN OVERSEEDED
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
33.52
8946.6
0
0
33.52
8946.6
BALANCE
-436.6
UNITS IPER UNIT
TONS 50
AC 75
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Page: 5

ANIMAL WASTE UTILIZATION PLAN
*** This number must be less than or equal to 0 in order to fully
utilize ttfie animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable tq be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 1369 pounds of plant available nitrogen per year in the
sludge. ' i
If you remove the sludge -every 5 years, you will have approximately 6845
pounds of PAN to'utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 22.8166666667 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 54.76 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture cgntent, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 6

ANIMAL WASTE UTILIZATION PLAN
amounts of nitrogen shown in the tables may make this plan invalid.
rf
i
The following table is provided as a guide for establishing application
rates and amounts.
l
Tract
I
i
Field l
Soil Type
4615 13
I
l (inches)
NoB
l 0.50
l
NOB
4715 12
l
I
4715
�
4 I
l
I *0.96
WaB
I
4715 I
6 l
i BP
BOB.
I
4715
I
I --2 .I
I
I
4715
STI
I --3 l
I
l SG,
4715
I I
l -4
1
l SG
1
4715
I -6 I
I
l
(Application
RatelApplic. Amount
l Crop
I
I (in/hr)
l (inches)
l BP
l 0.50
I *1.30
l BP
l 0.50
l *1.30
I
l BP
I
l 0.60
l
I *0.96
i
i BP
l 0.75
l *0.65
I
SG
I
I
1
SG
I
I
l SG,
I -
I
I
l
1
l SG
1
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
Page: 7

ANIMAL WASTE UTILIZATION PLAN
application amount shown can be applied under optimum soil
conditions�'
Your facility is designed for 132.00 days of temporary storage and
the temporary storage must be removed on the average of once every
4.40 months. in no instance should the volume of the waste be stored
in your structure be within the 25 year 24 hour storm storage or one
foot of freeboard except in the event of the 25 year 24 hour storm.
it is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct .rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
Page: 8

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mll�-Wa
C)EHNR
DIVISION OF WATER QUALITY
Water Quality Section
DATE : November 22, 1996
TO : Steve Tedder, Section Chief
Water Quality S "on
FROM : Kerr T. Stev , egional Supervisor
Fayetteville Regional Office
SUBJECT : Recommendation for Enforcement
Unpermitted Discharge of Swine Waste
Jimmy McLamb Swine Farm
SR 1946, Taylor's Bridge
Sampson County
Find attached a fast track enforcement package pertaining to the discharge of animal waste from
the subject swine facility. The attached inspection form will detail the basis for the action as well
as serving as a list of assessment factors.
Also attached is a letter for the Director's signature recommending revocation of the "Deemed
Permitted" status for the facility. The notice requires submission of a certified waste management
plan.
Ifadditional information or clarification is required please advise.
Wachovia Budding, Suite 714, Fayettevilley. FAX [phone]
North Carolina 28301-5043 N1%a
«/C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality AN
James B. Hunt, Jr., Governor 9 9oft MN
Jonathan B. Howes, Secretary E H N R
A. Preston Howard, Jr., P.E., Director
DIVISION OF WATER QUALITY
Mr. Jimmy McLamb
J.M. Farm
1243 C. Sunset Avenue
Clinton, NC 28328
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
J. M. Farm
82-207
Sampson County
Dear Mr. McLamb:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be
in violation of your 2H .0217 Permit.
On September 3, 1996 staff from the Division of Water Quality performed an inspection of your
farm located off SR1946. The inspection revealed that waste was being sprayed on the field adjacent
to SR1946 in an extremely poor manner as no significant cover crop was present and it was also
raining during the application event. However, no waste was observed leaving the field during the
investigation. Further inspection also revealed that animal waste was discharging from a
malfunctioning flush pit and entering the waters of the State. Animal waste was observed flowing
from the flush pit to a nearby ditch and then into an unnamed tributary to Sbade Branch which are
Class "C -SW" waters of the State. In addition, during a follow-up inspection on September 26,
1996 waste was observed entering the aforementioned ditch again via two sprinkler heads which_
were spraying waste directly into the ditch. This discharge also entered into the same
P.O. Box 29535,N�� FAX [phone]
Raleigh, North Carolina 27628-0535 r� An Equal FAX
Action Employer
Telephone [phone] recycles/10% post -consumer paper

Mr. McLamb
Page 2
unnamed tributary to Shade Branch. However, it was noted that the flush pit did appear to be
functioning properly on the day of the second inspection. '
In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty (60)
days following your receipt of this letter, the Division of Water Quality intends to revoke your
permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges or violations and the
facility will be in full compliance with its certified animal waste management plan.
Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation without
a permit as required by North Carolina General Statute 143-215.1.
Please submit documentation as to what steps have been taken to ensure the noted violations will not
reoccur. At the same time you must make arrangements with the Fayetteville Regional Office to
schedule a site visit by our staff which will confirm adherence with the terms of the animal waste
management plan. Please submit this information to:
Division of Water Quality
Water Quality Section -Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
If there are additional violations or discharges to the surface waters, a civil penalty of up to $10,000
may be assessed and you may be required to apply for an individual nondischarge permit from the
Division. Please find attached a permit application which must be completed and returned if you
wish to apply for an individual nondischarge permit. This permit, if issued, will contain monitoring
and reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropriate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Mr. Michael
Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Regional Office at (910) 486-
1541 or Mr. Shannon Langley at [phone], ext.581.

Page 3
Mr. McLamb
Sincerely,
A. Preston Howard, Jr., P.E.
Attachments
cc: Michael Wicker - Water Quality Supervisor
Wilson Spencer - Sampson County Soil and Water Conservation District
Chris Walling - Regional Coordinator, NC DSWC
Compliance/Enforcement File

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF
JIMMY MCLAMB
J.M. SWINE FARM
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,
I, A. Preston Howard, Jr., P.E., Director of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Jimmy McLamb operates a concentrated animal operation in
Sampson County.
B. The J.M. Swine Farm was deemed permitted as a nondischarge
facility on February 1, 1993, in accordance with 15A NCAC 2H .0217.
C. On September 3, 1996 and September 26, 1996 , DWQ staff observed a
discharge of wastewater by the J.M. Swine Farm from a
non-functioning flush pit (1013196) and from the spray fields
(10126196) to an Unnamed Tributary to Shade Branch , which are
Class C -SW waters of the State within the Cape Fear River
Basin.
D. The J.M. Swine Farm had no valid permit for the above described
activity.
E. The cost to the State of the enforcement procedures in this
matter totaled $1058.54.

Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Mr. Jimmy McLamb is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The Unnamed Tributary to Shade Branch constitutes waters of the
State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-
212(6).
D. The above-cited discharge is a violation of the nondischarge
permit.
E. Mr. Jimmy McLamb may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil
penalty of not more than ten thousand dollars ($10,000.00) per
violation may be assessed against a person for failing to act m
accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr. Jimmy McLamb pursuant to G.S. 143-215.3(a)(9) and
G.S. 143B -282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the authority to
assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION:
Accordingly, Mr. Jimmy McLamb is hereby assessed a civil . penalty of:
$ for discharging waste to the waters of the State in
violation of 15A NCAC 2H .0217.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-
215.6A.
$ 1058.54 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty I have considered the factors listed in G.S.143B-282.1(6), which
are:
(1) The degree and extent of harm to the natural resources of the
(Date)
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
State, to the
public health,
or to private property resulting from
the violation;
(2)
The duration
and gravity
of the violation;
(3)
The effect on ground or
surface water quantity or quality or on
air quality;
(4)
The cost of
rectifying the damage;
(5)
The amount
of money saved by noncompliance;
(6)
Whether the
violation was
committed willfully or intentionally;
(7)
The prior record of the
violator in complying or failing to
comply with
programs over which the Environmental Management
Commission has regulatory
authority; and
(8)
The cost to
the State of
the enforcement procedures.
(Date)
A. Preston Howard, Jr., P.E., Director
Division of Water Quality

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional office
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
E)aHNF;Z
DIVISION OF WATER QUALITY
October 8, 1996
IN V1 K NJ R MX44-P I" 13-9111MIkIll I Mb
Mr. Jimmy McLamb
J.M. Farm
1243 C. Sunset Avenue
Clinton, NC 28328
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
J.M. Farm
82-207
Sampson County
Dear Mr. McLamb:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be
in violation of your 2H .0217 Permit.
On September 3, 1996 staff from the Division of Water Quality performed an inspection of your
farm located off SR1946. The inspection revealed that waste was being sprayed on the field adjacent
to SRI 946 in an extremely poor manner as no significant cover crop was present and it was also
raining during the application event. However, no waste was observed leaving the field during the
investigation. Further inspection also revealed that animal waste was discharging from a
malfunctioning flush pit and entering the waters of the State. Animal waste was observed flowing
from the flush pit to a nearby ditch and then into an unnamed tributary to Shade Branch which are
Class "C -SW" waters of the State. In addition, during a follow-up inspection on. September*26,
1996 waste was observed entering the aforementioned ditch again via two sprinkler heads which
were spraying waste directly into the ditch. This discharge also entered into the same
Wachovia Bullding, Suite 714. FayettevMeNvf
���� FAX 910,486-0707
North Carofina 28301-5043 C An Equal opportunity Affirmative Action Employer
Volce 910-486-1541 50% recycled/10% Post -consumer paper

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): Seatember 3. 1996 and September 26, 1946
2. Regional Office: F e Water QiWiN Section
3_ Name of Owner Of Property: Aerial and Dorcus Mcl amb CCoof Deed attached)
4. Name of Operator: Mr. &M Md amb
5. Address: P.O. Box 856
Warsaw_ NC 28398
6. Phone Number: [phone]
7. Description of Facility Location, Map exceapt attached.
West side of SR 1946pyroximately 1.5 miles from intersection of SR 1946 and SR 1003.
8. Date this facility began operation: The property on which the farm is located was_MEghased by the Mcl arnbs on July 13,
1983. The farm has btm in full p2nAon since 1979.
9. Date of last expansion: The facility has not expanded since it's registration on September 30. 1993, based on
observations made at the famr_durmS the juWtetions.
10. Has the facility registered with DWQ? YES X NO_
Ifyes, date ofon 9/3043
11. Does the facility have an approved Animal Waste Management Plan YES_ NO_2L_
Is one required? YES_ NOLX_
Date Approved: NIA
12_ Has this facility received a CAFO Designation? YES_ NOLX
If yes, date issued:
13. Type of Operation: Swine. Farrow to Finish Fern
14_ Number and type of livestock: There are an estimated 337 sows present at the farm and approximately 2563 finishing
stock.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period_
Twelve (i)months-
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or
facility? The farm was registered for 50 acros available for the Ind a ggion of waste. At the time of. the
investig@dons—it was observed that the yM tetative growth on the upper Vgy field consisted mostly of weeds mined in
with some coastal lzermuda. The lower spray fields had a more significant stand of coastal-bermuda but also had
problems with weeds present in the fields. It also appeared that these VRy field aooges did not total 50 acres as the
registration indicates. After reviewing a property man of the site, it is estimated that only 30-40 acres are available for
waste VI kation. Based on calculations of waste production from a 2900 head farrow to finish opera9on_ this land is
insufficient to uptake the generated PAN. It was observed that on the 9126196 inspec gA the bernwda grass had been
cut and bailed which left the smv fields with no viable cover crop for the winter months, It is not known at this time
if a winter cover _c_ p will be established at a later dat

IT Type of Waste Management System: Swine are kept i in total confinement free stall hams with slotted floors over
flushing pits. Waste is flushed M needed from fioar pits mto waste la&oon system. The lagan em is gMMsed of
two 2 Dons from which waste can tQ a solid set irri 'on and Upyed on the fields via
sOrinlder heads.
18. Description of other animal operations in immediate vicinity and proximity to same or other surfaoe waters: It was
noted that the TRIAD Munp_hy's Comps Far m was approximately 1 mile North of the McLambFamL The TRIAD_
farm lies waste on fields east of SR1946 and this area is not in 'mediate AndM to M surface waters.
19. Proximity of facility to neighboring houses, wells, etc.: jh is a resid%= ayprox�nmat 300yards from the farm site
and is adjacent to the MVM MM field.
20. Approx irate depth ofground water table in the area of the facility or discharge: W?
21. Proximity of facility to surface waters: Facility Wine of lagoon) is located ayproximately 100 yards from an Unnamed
TribM13! to Shade Branch Class -C-SW'-waters-
22 Animal waste discharged. Swine
Witnesses: Ed Buchan. DWO WO Fayetteville Regional_ Office [phone].
Sue Hameryo A DWQ WO Central Office [phone].
23. Are pollutants discharged in the waters of the State? YES
If so, how? On the initial ' an n 9/3/96 it was observed that waste land bed a
prec'pggdon event._ Inspection ofthe lagoons revealed -that aft ate freeboard was available and land application was
not immediately necessary, Qpon further investigam m waste was observed to discharge from an im_properfy
function% flush to a field ditch. This ditch is an unnamed tnb of Shade Branch and is an interrrrittent
Blue Line Stream on a USGS Togo Map. Also on the date of this inspection. waste was visually traced by DWQ
staff to a wetland area. During the second inspection on 9/26/96, waste was observed being land applied on the lower
spray field in such a manner that it was being direct! Discharged into the previously mentioned ditch. Waste was
visually traced by &Mona] DWO staff and it was confirmed that high concentrations of waste were again entering the
adacent wetland area and dmining into Shade Branch attached photog=hs and USGS j= Ma
24. Do or have discharges oc nTed in response to a storm event less severe than the 25 -year, 24 hour stonm? YES, dgft
both myestismgmjWpoon levels were adequateand waste was being land applied so as to discharge to wr_fmce
waters. Under neither cmnnstarnce had their been a 25 year, 24 hour storm recently.
25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property
resulting from the violation?: The discharge hacm tsed the introduction of nutrients into the receiving stream: that w>ii
cause or add to thepossiMity of algal bboms and accelerated eutrophication of the slow moving _waters of the
receiving_,stream. Also, samples taken indicate elevated fecal coliform levels down stream of the &cft.
Sample resuhs:
Sample Location (9!3196)
1. Exiting House-DY96WE95057
2. Ditch PiMH)#96WE95058
3. Field Ditch Leaving PM?"L-
ID#96WU95059
4. Entering Wetland Area-ID#96WD95060
Coliform Fecal I 1 ooml
BOD m
22.000.000
2020
6_300,000
NIA
420,
697
130.000
528

R- a Locaioon (9/26/96)•
J. Feld Ditch Leaving__Propaty
ED#96WE95565
2. Into Wetland Area-M*%WE95566
3. Leaving Wetland Area-ID#96WE95567
Coliform Feral / 100m1 BOD mviL
109.100 15.0
34.000 37.8
28.000 26-5
'These samples were taken approximately 3 hours after the discharge was observed.
N/A = This Sample Test Was Voided Due To Technical Complications From Hurricane FRAN
—PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE
INFORMATION—
There are no known public health issues at this time- Waste discharges of this nature may, based on comments from Dr.
M.A. Nfncsom North_Cmalina Department gf_AWculture: YqgaU Division transport swine_ diseases if conditions are
suitable.
26. What is the duration and gravity of the violation?- Based on comments from farm staff; the improoerfv fimsct pmg flush
pit observed d whar;¢ing on 9/3/96 was disclsar72inQ at least 24 hours orior to the arrival of DWO stoff_The problem
most likgjy continued for a minimum of 24 hours after the in on of 9/3196. Farm staff also mentioned that the
pipe draining the flush pit was clogged at that time. It was also observed that a 6 inch PVC pipe (see attached
photogiaahs) had been pfaced in the field ditch and, was channelling the waste from the flush_ mit. At this time it is
not known what the purpose of this ping was, although it mU be in place to help drainstormwater fi om tha
into the ditch. The discharge observed on 926196 was estimated to have been occurring for a minimum of 2 to 3
hours based on the condition ofthe_MM field
27- Water Quality Assessment: At the time of both inspections waste was observed to comprise of at_least 75% of the total
flow of the field ditch. During the second inWpq ion it was estimated that waste comprised� apprnxi;na#ely 1% of
the flow into Shade Branch.
28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup activities would be
recommended. Any c� p would cause adverse impacts to nmft wetlands. 11wre has been no report of
downstream impacts outside the area of the 'investigation.
29. What is the amount of money saved by noncompliance?: Based on observations made dUdU the investigatiom no cost
was significantly decreased by Wbinnl g the waste under improper conditions.
30. Was the violation committed willfully or intentionally?:
YES— NO X
Explain: Although it is obvious that the irrigation ent pMors should have been more careful in how
rtu►dt where, and when the waste was being a=Iied on 926196, it does not Mgar that then intended for the waste
to reach surface waters. The discharge on 9/3/96 also seems to be more of a case of neglit—amand lack of
marntenence.
31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental
Management Commission has regulatory authority?: ftional files contained no pg1jous. vi o for this farm.
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing: $10.00
Mileage: $0-20 per mile for 180 miles: $36.00

Fecal Coliform (522.00 per sample) * 7:
$154.00
COD Analysis ($24.75 per sample) * 0:
$00.00
BOD Analysis ($33.00 per sample) " 6:
$198.00
Copies (Sampson County Court House)
$0.50
Ed Buchan Cad S18.64/hr
4 hours - Drive Tone
5 hours - investigation
8 hours - Report Development
17 hours total
$316.88
Sue Homewood @ 18.30/fw
2 hours - Investigation
8 hours - Report Development
10 hours total
$183.00
Michael Wicker P.E. Q S26.58/hr
1 hour - Review
$26.58
Kean T. Stevens (Supervisory Review)
$33.58
Central Office Review
$100.00
Total $1058.54
33. Type or general nature of business: Swine, Farrow to Finish Operation
34. What is the violatoes degree of cooperation or recalcitrance: Mr. McLamb was cooperative in all conversations and
seemed willing to n pa deficiencies. The non-im oning flush pit was repaired prior to the second
imestig
35. Are theme any Mitigating Ckumstances7: NM
36. Assessment Factors:
a IWC :Initial discharge was visually estimated at 75% of the Bow of the field ditch_ The second observation of
dischar¢e was estimated at 1 % of the flow of the Shade Branch.
b. Receiving Stream : Shade Brgtrch
c. Damage Yes _ No J!C (Based on observations at the time of the investigation)
If YES, include report from WIdlife Resources Commission-
37-
Include a copy of any Designation letter signed by the Director.
38. Recommendations Made to Owner/Operator: At the time ofthe initial imesfipt on.
1- Inimedialdy ggg pqmpiN waste on to the fields.
2- Take immediate, action to prevent discharge from re -occurring,. G.e_ repaff flush Pit)
3- Contact NRCS to obtain technical assistance if awA* ar .
39_ Recommendations for further DWQ Action:
- Notice of Violation (Forwarded October 8-IM
-_Enf'brcernent Action
- Evowgdon
- Revocation of Dem Status
40. Other Comments: It is the opinion of the writer that the flush pit system needs to be thorouft examined and measures
sho �d be taken iz order to prevent further dischmes<from this system. Such measures may include abar screen in
front of X11 drain pipes and upgrading undersized drain pipes. The six inch PVC pipe should be removed frorn the

field ditch. In addition a winter cam =2 needs to be estab&shed immediately and buffers should be eg"shed
alanM, the field ditch The casrrent sprinkler angafi_on_ system should also be Lnoved so as to not directly discharge
into the field ditch Ii matibe necessary to clear and establish more a for land applir son in order to continue
operation at the current swine nomdation.

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Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR • FUEL • WATER * FOOD WASTES
CERTIFICATE OF ANALYSIS CERT 417563
CLIENT: NC DSM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. E. Buchan
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Exiting House - ID #96WB95057
2. Ditch Pipe - ID #96WE95058
3. Upstream - ID #96WU95059
4. Downstream - ID #96WD95060
DATE RECD: 09/03/96 SAMPLED: 09/03/96
-SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Stream, Grab
REFERENCE: McLamb Site
DATA REVIEWED BY: _-
A�iy�
DATE REPORTED: 09/10/96
********a************6***************************t*****a*****************aa************t**
ANALYSIS METHOD 1 2 3 4
BOD (mg/L) (*) SPA 405.1 2020 697 528
COLIFORM, FECAL (per 100.ml) SM18 9222D 22000000 6300000 420000 130000
COMMENTS: * - Results questionable due to Hurricane Fran power failure
< - Less than
> - Greater than
dl CERTiD
SEP is 19M
f
ENV. -'MANAGEMENTI
.FAYETTEVILLE REG. OFFICEI
PAGE 1 OF 1
The doe and other I.Horrrwtlon cortslned on this. and other aaoompanylnp d=nmrHs, repntent only the eanoa(s) analyzed and Is M E M B ER
rendered upon the oomtw thatit Is not to be npradvcad wholly or in part for adverbWng mother purposes without written approval
from the laborawy.
USDA-EPA-NgtM Tasting Food Santtatbn Conttdtinp Chemical and Microbiobgical Analyses end Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR * FUEL * WATER * FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite -714
Fayetteville, NC 28301
CONTACT PERSON: E. Buchan
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Ditch leaving farm - ID #96WE95565
2. Into Pond - ID #96WE95566
3. Leaving Pond - ID #96WE95567
4.
NC #11
NC #37714
USDA #3787
WASTES
CERT #17690
DATE RECD: 09/26/96 SAMPLED: 09/26/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Grab
REFERENCE: McLamb Farm
DATA REVIEWED BY: W,
DATE REPORTED: 10/02/96
***##++***+*#*+*#**#++}}**++*+}}*#*#********#++*******4******+*+*}**+#++***+#+##+***+###+
ANALYSIS METHOD 1 2 3 4
BOD (mg/ L) EPA 405.1 15.0 _37.8 26.5
COLIFORM, FECAL (per 100 ml) SM18 9222D109100 34000 28000
COMMENTS: < = Less than
> = Greater than
TFW em
n.
OCT 4 �9fi
ENV. MANAGEMENT
FAYEri EVILLLE REG. OFFICE
PAGE 1 OF 1
The dw and otter Wbrrnabon corrWried on ttda. and other a000mpanyfnp documents, represent only the sarroe(s) analyzed and b M EMB E R
mWered upon the condtion twit is not to be reprodwed wholly or in part for advemsinp or other purposes without wrbten apprwd
trom the tsbOratouy.
t LSQA-EPA-NnRH Tmd[ne Food St tm Cwmdit Cher jbW and MbvbbbgjcW Amdyaw and Research

U"ONTIONS RWCI - WO Fax .[phone] pct 4 '96 1130 P.01/01
Past -It' Fax Note 7671 Date ICALV
IPago
►
To Pci
CoJDept• Co.
Phone r Phone * i�M1�► ?
Fax s Fax M q"
L IJAAL C --::-:D LOT pa�� � 'ONS
j� F, L:5 i tt•:uuas. vt �ii+r_�t�szt�enr—, Health and Natura:a'e�f:sQ}l�ces�•? `•_
Division o= En vironmdntal Manageme
OCT 4 IM Water Cuality Section
ENV. MAN.AORkE.09 animal waste management system for your feedlot ope_a't=fin =s
FAYETTEVILENQQG. &E to serve more than or equal to 100 head of cattle, 75
horses, 250 swine, 1,000 sheen, or 30,000 birds that are served by
':is 1 ieuid waste system, zhea ; �s form must be filled out and mailed
by December 31, 1943 pursuant �:o ISA NCAC 2H.0217 (c) in order to be
deemed permitted by DE.M. ''_ease print clearly.
ate► Name: �. Y'*^ Fa- r r~`
;Mail_ :g Andress • a4s Ave.
tz r— 7 T D rU ;-4'
County: Phone No.. -
y w�
Carne_ (s) Name: rYl�b
r
XE..nage_-(S) Name: ..►•
Lessee Naiae •
_ran Location (Be as specific as possible: .toad names, direction,
:.at:crude/?ongitsde if known:- �CFS yoLjC 34 S �,,.0 3
Design capacity of animal Waste management system (Nu er and type
cf confined animal (sf) 2TOO
Average an population on he farm (•Number and type of animal (s)
.raised) ;- ' � 4 c] r¢r ro--% Qb i=�J/�
Year Production Began.,_Ig75 ASCS Tract No.:
Type of waste Management System Used:
Acres Available far Lan4_A2plication o Ote:5_0
owner (s) Signature (s) :
of -

OFState of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Jimmy McLamb
McLamb Corporation
1243 C Sunset Avenue
Clinton, NC 28323
Dear Mr. McLamb:
IL
C)EHNR
September 24, 1997
RECEIVED
SEP 19 1997
FAYETMILLE
REG. OFFICE
RE: Payment Schedule for Civil Penalty,
Case #: DD 96-031
Farm #: 82-207
Sampson County
You have requested a schedule for making partial payment toward the $4,058.54 civil
penalty assessed by the Remission Committee of the Environmental Management Commission on
September 11, 1997. The Department is agreeable to entering into an agreement with you through
which regular payments will be made beginning in November 1, 1997 and continue through
October 1, 1998_ You agree that beginning in November L 1997 and continuing to September 1,
1998, to pay to three hundred, thirty eight dollars and twenty two cents ($338.22) each month
and by October 1, 1998 to'pay the remaining balance of three hundred, thirty eight dollars and
twelve cents (338.12). You should make the payments by checks made payable to the
Department of Environment, Health and Natural Resources and mail them so they are received by
the 1st of each month.
Failure to make the monthly payments in accord with this schedule of payment will cause
the entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Your mailing envelope should be addressed as follows:
Attn: Dennis R. Ramsey
Department of Environment, Health, and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal opportunity A#itrmative Action Employer 50% recycled/10% post -consumer paper

If you agree with the terms of the schedule of payments, you should indicate your
acceptance by signing the attached civil penalty assessment payment schedule in the space
provided and returning the signed copy with the first payment.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincer ,
A. Preston Howard, Jr., RE
cc: Enforcement File DD 96-031 _
STtommyLStevens Eayefteville Regional Office_ V
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
McLamb Corporation
DD 96-031
Farm #: 82-207
On March 21, 1997, the Director, Division of Water Quality (DWQ), assessed a civil penalty
assessment in the amount of $5,058.54, including $1,058.54 in investigative costs, against the McLamb
Corporation for discharging animal waste into the waters of the State. Remission was denied. On
September 11, 1997, this case was presented before the Environmental Management Commission's
Committee. The Committee's decision was to reduce the civil penalty by $1,000.00. The final amount of
civil penalty plus investigative costs is $4,058.54. On September 12, 1997, the Division received a
request from Jimmy McLamb for a payment schedule for the remaining civil penalty and investigative
cost of $4,058.54.
In order to resolve this matter, DWQ and the McLamb Corporation agree to enter into a payment
schedule to settle the above-described civil penalty for the violations contained in the assessment
document. McLamb Corporation agrees to pay the civil assessment of $4,058.54 as per the terms below
as full settlement of Case No. DD 96-031 and understands that any default in payment or failure to
submit payment by the day of the month in which payment is due will result in the immediate referral of
this case to the Attorney General's Office for collection through the courts. McLamb Corporation also
acknowledges that DWQ reserves the right to take enforcement action against the McLamb Corporation
for future violations within its authority should they occur.
PAYMENT AMOUNT
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.22
$ 338.12
$4058.54
DATE DUE
11/01/97
12/01/97
01/01/98
02/01/98
03/01/98
04/01/98
05/01/98
06/01/98
07/01/98
08/01/98
09/01/98
10/01/98
DATE PAID
Payments should be by check payable to "NC Dept. of ENR" and should be submitted to the attention of
Dennis Ramsey at the address below:
Department of Environment, Health, and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
for McLamb Corporation
A. Preston Howard, Jr. P. E.
Director, Division of Water Quality
Date
Date

MICHAEL F. E°.SLEY
ATTORNEY GENERAL
e� SWFv4
State of North Carolina
Department of justice
P. O. BOX 629
RALEIGH
27602-0629
September 24, 1997
REPLY TO: Francis W. Crawley
Environmental Division
(919 716-6600
`14EI
vED
SEP 2 5 1991
REG, ncr,
Mr. Jimmy D. McLamb CERTIFIED MAIL
McLamb Corporation -RETURN RECEIPT REQUESTED
1243 Sunset Avenue
Clinton, North Carolina 28328
RE: Assessment of Civil Penalties Against McLamb Corporation
Sampson County, DD 96-031
Dear Mr. McLamb:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision
document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment, Health, and Natural Resources within 30
days of receipt of this final agency decision by mailing a bank or certified check. The check
should be made payable to the Department of Environment, Health and Natural Resources and
the mailing envelope addressed as follows:
Robert Sledge
Water Quality Section
P. O. Box 29535
Raleigh, North Carolina 27626-0535
If your company fails fail to pay the penalty within 30 days of receipt of the final decision
document, the Department will seek to collect the amount due through a civil action -commenced
in Superior Court.
Very truly yours,
Gc- GJ.
ancis W. Crawley as—L
Special Deputy Attorney General
Commission Counsel
FWCIso
Enclosure
cc: Robert Sledge
119810

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF: )
Assessment of Civil Penalties }
Against }
MCLAMB CORPORATION )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION R E C E I V E i"°`t
DD 96-031 �.J
SEP 2 4 1997
EWIRONMEsNTAL H, AnAGENv-: —
FINAL DECISION COMISs'C1114
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on September 11, 1997, upon recommendation of the Director of the Division of Water Quality
for entry of a final decision on the assessment of civil penalties and investigation costs against
the McLamb Corporation in the amount of $5,058.54 ($4,000.00 plus $1,058.54 investigative
costs). The McLamb Corporation's request for remission was presented to the Committee on
Civil Penalty Remissions for consideration. The Division of Water Quality was represented by
Mr. Tommy Stevens, Regional Supervisor in the Fayetteville Regional Office, and the McLamb
Corporation was represented by Jimmy D. McLamb.
Having considered the record, arguments of the parties, and the factors set forth in
N.C.G.S. §143B -282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by the McLamb Corporation, and that the Director properly applied the criteria set forth in
N.C.G.S. §143B-282.1 in determining the amount of the civil penalties. Pursuant to N.C.G.S.
§143-282. 1 (c), the Committee further finds that there are grounds for remission or reduction of

2
the penalties assessed by the Director for the September 3, 1996 discharge from the
nonfunctioning flush pit at the J.M. Farm for the reason that the pipe blockage was inadvertent
and promptly corrected to abate continuing environmental damage and petitioner had no prior
violations. Upon duly made motion and vote, the Committee finds that the civil penalty
assessment for the September 3, 1996 violation should be reduced by $1,000.00 and upheld in
the amount of $1,000.00. The $2,000.00 civil penalty for the wastewater discharge on
September 26, 1996 and $1,058.54 cost of investigation are upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and investigation costs against the McLamb
Corporation in the amount of $4,058.54 is AFFIRMED.
2. That this Final Decision and Order be served upon the McLamb Corporation and
upon receipt hereof, the amount of $4,058.54, be paid to the Department of Environment and
Natural Resources.
This the Az"�* day of September, 1997.
DavidAdreau, Chairman
Environmental Management Commission

-3
CERTIEIC&TE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION
on the parties listed below by the methods indicated:
Jimmy D. McLamb
McLamb Corporation
1243 Sunset Avenue
Clinton, North Carolina 28328
Mr. Tommy Stevens
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
Wachovia Building
Suite 714
Fayetteville, North Carolina 28301
This the day of September, 1997.
CERTIFIED MAIL
RETURN RECEIPT
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
cca l,� j
rancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600
19634

State -of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 26, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jimmy McLambe
1308 S. West Blvd.
Clinton, NC 28328
I D FEHIVR
SUBJECT: Request for Remission of Civil Penalty
Jimmy McLambe -Swine Farm
Pursuant to N. C. G. S. 143-215.6A(f)
File No. DD 96-031
Sampson County
82-207
Dear Mr. McLambe:
RECEIVED
AUG 2 9 1991
FAYETTEVILLE
REG. OFFICE
Your request for remission has been placed on the agenda for the September 11, 1997,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than t 1:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or -the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Page'?
August 25, 1997
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality
Compliance Group, at (919) 733_.5083, ext. 233.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: D�WQ:Regional:O�ce
Enforcement File

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 17, 1997
MCLAMB CORPORATION
1308 S. WEST BLVD.
CLINTON, NC 28328
ATTN.: MR. JIMMY MCLAMB
RE: Request for Remission of Civil Penalty
Jimmy McLamb Swine Farm
File No. DD 96-031
Sampson County
Facility Number: 82-207
Dear Mr. McLamb:
RECEIVED
APR 2 3199jy
FAYETTEVILLE
REG. OFFICE
The Division of Water Quality has received your request for remission of civil penalty on April
14, 1997, with accompanying support information. Your request will be placed on the agenda of the
Director's next scheduled enforcement conference and you will be notified of the results_
Should you have any questions, please feel free to call Ms. Katharine Keaton at [phone],
extension 523, or meat extension 581.
Sincerely,
z - Z
E. Shannon Langley
Compliance/Enforcement Group
cc: DWQ'Regional'Supe—M or.w/ Attachments
Enforcement File wl Attachments
Linda Forehand w/ 3 Attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

OECEf1/Ep �. .
APR 1s1991
MR. STEVE W. TEDDER WATERQUAL,Ty SEC.17ON
Water Quality Section Chief/DWOPFRATIONSBRANCH
P. O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Sir:
0-
��v
APR 14 1997
WAHER ER QUAL!TY
SECTION
This letter is in response to remission of fines and
penalties. I would like the availability of being able
to use this -money to enhance my ability to prevent the
likely hood of any such violation in the future. I have set
forth a budgeted amount of money to clear extra land and increase
my ability to spray more volume in a shorter period of time by
including a reel system on the new ground.
The reel system allows for a greater amount of nutrients to be
applied in the same time as my current solid set system. The reel
system would be on the NEW ground on a separate line, to allow
pumping both systems at the same time if every necessary -such as
the time between Bertha and Fran.
I have already cleared the land at a cost of $21000.00 for
twenty (20) acres. This twenty acres will allow me about twelve
(12) acres to spray on due to State Laws governing buffers from
ditches and property boundaries and wetlands. I would have like to
have one of the larger reels but could not obtain the funds. The
cost of the reel is $5800.00. This alone, with seeding the grass
and plumbing will exceed my budget due to the increased cost on the
acres cleared for spraying.
In respect to the fine (a - e) items listed in the remission
request I will respond as follows:
a) I do not feel that any assessment factors were wrongfully
applied.
b) I did stop any problems as soon as physically possible, to
try to be in compliance.
On the second violation of spraying in the ditch we are
currently moving the sprinkler from the ditch area so that this
will not happen again. I have also told the employees not to spray
the ditch area again. Some of the employees did not understand
that the x on my map indicated DO NOT USE. Most people are not
interested in papers that pertain to work, they just want to work
and that is all.
c) As stated in my first letter dated 12-20-97, the hurricane
had a great effect on the violations. The rain that we had after
Bertha and before Fran and the slowness of the underground solid
set system of irrigation led up to the problem of the pit stopping
up and discharging.
d) No assessment before this and hopefully none after.

e) This money will hold back my ability to correct the short
fall in the system of irrigating. My budget is only a specific
amount for the items that will help prevent any future problems
of this nature.
Because the fine falls into the same category of Land and
Nutrients, it will inhibit my ability to proceed with my plans of
prevention. It is very hard to go to a bank a second time for the
same project and get'a positive response from them.
I have enclosed a copy of the bills incurred so far on this
project and a map outlining the areas to clear and spray. The
area outlined in red is the cleared acres, the blue is the buffers
from property lines, ditches and wetlands.
If you have any questions, please call 592-1516 or 564-2106
at night.
Sincerely,
Jimmy D. McLamb

MARK RAYNOR
'3l1 190 Taylor Bridge Highway N1262
,
4
_ S� y Clinton, NC 28328 :? �
.ark Rayiwr ,Lacy
910-590-2794
. 910.592.6176
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190 Taylor Bridge Highway
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Mark Raynor Lacy Raynor
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Name
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17

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COUNTY OF COMMISSION
IN THE MATTER OF ASSESSMENT }
OF CIVIL PENALTIES AGAINST )
PERMIT NO. 1 SfI �IC _JC -2/f. d2/ 7 )
Having been assessed civil penalties totalling
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. WD96-031
S5o58.54
for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the 10 day of Ap r i i
19 97
/,/ GYYI ✓ � � J
'7 0 � y �c'✓U`
SIGNATURE
ADDRESS
-A -
TELEPHONE
ZS3 2-9

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 26, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jimmy McLamb
McLamb Corporation
P.O. Box 856
Warsaw, North Carolina 28398
ALTI.KMAI
IT 0
4.
�.1
�EHNF4
RECEIVED
MP111"7
FAYE7 EN1iL3...
E ii G. CFr=iG .
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
15A NCAC 2H.0217
Sampson County
File No. DD 96-031
Dear Mr. McLamb:
This letter transmits notice of a civil penalty assessed against the McLamb Corporation in
the amount of $5,058.54 including $1,058.54 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. I43-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an .
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
FIe your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayetteville Regi6-ra.Sdperv-isor w/ -attachments
CompliancelEnforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
19

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
File No. DD 96-031
IN THE MATTER OF )
MCLAMB CORPORATION )
' FINDINGS AND DECISION
FOR A VIOLATION OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H.0217 ) CMI. PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., Director of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. The McLamb Corporation owns a concentrated animal operation in Sampson County,
North Carolina, known as the J.M. Farm.
B . The McLamb Corporation's J.M. Farm was deemed permitted on February 1, 1993,
in accordance with 15A NCAC 2H.0217 (c).
C. On September 3, 1996 DWQ staff observed a discharge of wastewater from a non-
functioning flush pit at the J.M. Farm to an unnamed tributary of Shade Branch,
which are class "C-SW'waters waters of the State within the Cape Fear Basin.
D. On September 26, 1996, DWQ staff observed a discharge of wastewater from the
spray fields of the J.M. Farm to an unnamed tributary of Shade Branch, which are
class "C -SW' waters of the State within the Cape Fear Basin.
E. The McLamb Corporation had no valid permit for the above described activity.
F. The costs to the State of the enforcement procedures in this matter totaled $1,059.54.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The McLamb Corporation is a "person" within the meaning of G.S. 143-215.6A and
G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Shade Branch constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6).

D. The above-cited discharge is a violation of the nondischarge permit.
E. The McLamb Corporation may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against The McLamb
Corporation pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -2$2.1(b)(8).
G . The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), 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:
Accordingly, The McLamb Corporation is hereby assessed a civil penalty of:
$ OrTv-ra
$ ra
$ yam. d?)
for discharging waste to the waters of the State in violation of
15A NCAC 2H ,0217 on September 3, 1996.
for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on September 26, 1996.
TOTAL CIVIL PENALTY, which is zd percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-2$2.1(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.
(D ) --3A A. Preston Howard, Jr., P.E., Director
Division of Water Quality

State of North Carolina
Department of Environment,
Health and Natural Resourcest 4 0
Fayetteville Regional Office -i-
• James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary 1D[HHNF;Z
DIVISION OF WATER QUALITY
Water Quality Section
DATE : November 22, 1996
TO : Steve Tedder, Section Chief
Water Quality S on
FROM : Kers T. Stev , egional Supervisor
Fayetteville Regional Office
SUBJECT : Recommendation for Enforcement
Unpermitted Discharge of Swine Waste
Jimmy McLamb Swine Farm
SR 1946, Taylor's Bridge
Sampson County
Find attached a fast track enforcement package pertaining to the discharge of animal waste from
the subject swine facility. The attached inspection form will detail the basis for the action as well
as serving as a list of assessment factors.
Also attached is a letter for the Director's signature recommending revocation of the "Deemed
Permitted" status for the facility. The notice requires submission of a certified waste management
plan.
If additional information or clarification is required please advise.
Wachovia Building, Suite 714, Fayetteville Ni`- FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 5096 recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AFA
4 10
M" 00% IPM
1DEHNR
DIVISION OF WATER QUALITY
Mr. Jimmy McLamb
J. M. Farm
1243 C. Sunset Avenue
Clinton, NC 28328
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
J.M. Farm
82-207
Sampson County
Dear Mr. McLamb:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be
in violation of your 2H .0217 Permit.
On September 3, 1996 staff from the Division of Water Quality performed an inspection of your
farm located off SR 1946. The inspection revealed that waste was being sprayed on the field adjacent
to SR1946 in an extremely poor manner as no significant cover crop was present and it was also
raining during the application event. However, no waste was observed leaving the field during the
investigation. Further inspection also revealed that animal waste was discharging from a
malfunctioning flush pit and entering the waters of the State. Animal waste was observed flowing
from the flush pit to a nearby ditch and then into an unnamed tributary to Shade Branch which are
Class "C -SW" waters of the State. In addition, during a follow-up inspection on September 26,
1996 waste was observed entering the aforementioned ditch again via two sprinkler heads which
were spraying waste directly into the ditch. This discharge also entered into the same
P.O. Box 29535.N" FAX FAX [phone]
Raleigh, North Carolina 27626-0535 rfi� An Equal Opportunity/Affirmative Acton Employer
Telephone [phone]% recycles/ 10% post -consumer paper

Mr. McLamb
Page 2
unnamed tributary to Shade Branch. However, it was noted that the flush pit did appear to be
functioning properly on the day of the second inspection. '
In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty (60)
days following your receipt of this letter, the Division of Water Quality intends to revoke your
permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges or violations and the
facility will be in full compliance with its certified animal waste management plan.
Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation without
a permit as required by North Carolina General Statute 143-215.1.
Please submit documentation as to what steps have been taken to ensure the noted violations will not
reoccur. At the same time you must make arrangements with the Fayetteville Regional Office to
schedule a. site visit by our staff which will confirm adherence with the terms of the animal waste
management plan. Please submit this information to:
Division of Water Quality
Water Quality Section -Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
if there are additional violations or discharges to the surface waters, a civil penalty of up to $10,000
may be assessed and you may be required to apply for an individual nondischarge permit from the
Division. Please find attached a permit application which must be completed and returned if you
wish to apply for an individual nondischarge permit. This permit, if issued, will contain monitoring
and reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropriate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact • either Mr. Michael
Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Regional Office at (910) 486-
1541 or Mr. Shannon Langley at [phone], ext.581.

Page 3
Mr. McLamb
Sincerely,
A. Preston Howard, Jr., P.E.
Attachments
cc: Michael Wicker - Water Quality Supervisor
Wilson Spencer - Sampson County Soil and Water Conservation District
Chris Walling - Regional Coordinator, NC DSWC
Compliance/Enforcement File

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF
JIMMY MCLAMB
I.M. SWINE FARM
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,
I, A. Preston Howard, Jr., P.E. , Director of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Jimmy McLamb operates a concentrated animal operation in
Sampson County.
B. The J.M. Swine Farm was deemed permitted as a nondischarge
facility on February 1, 1993, in accordance with 15A NCAC 2H .0217.
C. On September 3, 1996 and September 26, 1996 , DWQ staff observed a
discharge of wastewater by the J.M. Swine Farm from a
non-functioning flush pit (1013196) and from the spray fields
(10126196) to an Unnamed Tributary to Shade Branch , which are
Class C -SW waters of the State within the Cape Fear River
Basin.
D. The J.M. Swine Farm had no valid permit for the above described
activity.
E. The cost to the State of the enforcement procedures in this
matter totaled $1058.54.

Based upon the above Findings of Fact, I make the following:
U. CONCLUSIONS OF LAW:
A. Mr. Jimmy McLamb is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is . required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The Unnamed Tributary to Shade Branch constitutes waters of the
State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-
212(6).
D. The above-cited discharge is a violation of the nondischarge
permit.
E. Mr. Jimmy McLamb may be assessed civil penalties 'in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil
penalty of not more than ten thousand dollars ($10,000.00) per.
violation may be assessed against a person for failing to act in
accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr. Jimmy McLamb pursuant to G.S. 143-215.3(a)(9) and
G.S. 143B-282.1(6)(8).
G. The Director, of the Division of Water Quality, pursuant to
delegation provided for by G.S. 143-215.6A(h), 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:
Accordingly, Mr. Jimmy McLamb is hereby assessed a civil . penalty of:
e
it
for discharging waste to the waters of the State in
violation of 15A NCAC 2H .0217.
TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-
215.6A.
$ Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty I have considered the factors listed in G. S.143B-282.1(b), which
are:
(1)
The degree
and extent of
harm to the natural resources of the
State, to the
public health,
or to private property resulting from
the violation;
(2)
The duration
and gravity
of the violation;
(3)
The effect on ground or
surface water quantity or quality or on
air quality;
(4)
The cost of
rectifying the
damage;
(5)
The amount
of money saved by noncompliance;
(6)
Whether the
violation was
committed willfully or intentionally;
(7)
The prior record of the
violator in complying or failing to
comply with
programs over which the Environmental Management
Commission has regulatory
authority; and
(8)
The cost to
the State of
the enforcement procedures.
(Date)
A. Preston Howard, Jr., P.E., Director
Division of Water Quality

State of North Carolina
Department of Environment,
Health and Natural Resources •
Fayetteville Reglonal Office
James B. Hunt, Jr., Governor IDEF.HNF;Z
Jonathan B. Howes,,Secretary
DIVISION OF WATER QUALITY
October 8, 1996
a1 rt�1 1 u;I
Mr. Jimmy McLamb
J.M. Farm
1243 C. Sunset Avenue
Clinton, NC 28328
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
J.M. Farm
82-207
Sampson County
Dear Mr. McLamb:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be
in violation of your 2H .0217 Permit.
On September 3, 1996 staff from the Division of Water Quality performed an inspection of your
farm located off SR1946. The inspection revealed that waste was being sprayed on the field adjacent
to SR1946 in an extremely poor manner as no significant cover crop was present and it was also
raining during the application event. However, no waste was observed leaving the field during the
investigation. Further inspection also revealed that animal waste was discharging from a
malfunctioning flush pit and entering the waters of the State. Animal waste was observed flowing
from the flush pit to a nearby ditch and then into an unnamed tributary to Shade Branch which are
Class "C -SW" waters of the State. In addition, during a follow-up inspection on. September, 26,
1996 waste was observed entering the aforementioned ditch again via two sprinkler heads which
were spraying waste directly into the ditch. This discharge also entered into the same
Wachovia Building. Suite 714, Fayett&Ae N
w-1 FAX 91DA86-0707
North Carolina 28301-5043 `�C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

ANIMAL OPERATION INSPECTION FORM
1. Date of Ingxr ior(s): September 3. 1996 and September 26, 1996
2. Regional Office: Fayetteville Water Q�Wity Section
3. Name of Owner Of Property: Aerial and s McLamb (CM of Deed attached
4. Name of Operator: h&. Timm McLamb
5- Address: P.O- Box 856
Warsaw. NC 28398
6. Phone Number: [phone]
7. Description of Facility Location, Map excerpt attach.
West side of SR 1946. gpRr;oximat* 1.5 miles -from intersection of SR 1946 and SR 1003.
8. Date this facility began operation: The prvpM on which the Jam is located was pruchased by the Mc Lambs on Juhr 13.
1983. The farm has been in f ll operation since 1979.
9. Date of last expansion: The facility has not expanded since it's, registration on Seatember 30. 1993 based an
observations made gt therm during the insQectians.
10_ Has the facility registered with DWQ? YESLX NO
If yes, date of registration 9%30193
11. Does the facility have an approved Animal Waste Marmgement Plan YES— N0_X
Is one required? YES_ NO X
Date Approved: NIA
12. Has this facility received a CAFO Designation? YES NQ_X
If yes, date issued-.
13. Type of Operation: Swim Farrow to Finish Farm
14. Number and type of livestock: There are an estimated 337 sows omgg at the farm and a ro' 2563 frnishin
stock.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period.
jw_QhLe J 12 mo
16. Are crops, pagture, or post harvest residues sustained in the normal growing season over any portion of the lot or
facilit}fl The farm was registered for 0 acres available for the land-alication of waste At the time ofd
investigatiom it was observed that the vegetative growth on the upper spray field consisted mostl roof weeds mixed in
with some coastal berrrnrda- The a lower pray fields had a more sig rZ p4m stand of coastal _berrrruda i ut all _
problems with weeds resent in the fields. It also appeared that these spray field acreagces did not total 50 acres as the
r bn indicates. After reviewing a pmpM imp of the site, it is estimated 1bg o 30-40 acres are available for
waste aonlication-_ Based on calculations of waste production from a 2900 head farrow to finish gRpration, this land is
insufficient to u%*e thcZenerated PAN. It was obWved that on the 9126196 in the hpMMda MM had been
cut and bailed which left the svrav fields with no viable cover trot) for the winter months. It is not known at this time
if a winter cover crop will be established at a later da

i 7. Type of Waste Management System: Swine are kM in total confinement free stall barns with slotted floors over
$ushingpits_ Waste is flushed as needed from floor pits into waste lagoon system. The lagoon system is cmmnosed of
two (2) lagoons from which waste can be pumped to a solid set irri 'on system and $muted on the fields via
sprinkler heads.
18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: It was
noted that the TRIAD MurpWs Compare}+ Farm was _app roxffmdy 1 mile Nosh of the McLamb Farm. The TRIAD
farm applies waste on fields east of SRI 946 and this area is not in immediate vincurty to areysurface waters.
19. Proximity of facility to neighboring houses, wells, etc.: There is a residence approximatelti 300 yards, from the farm site
and is adjacent jQ the upper on field.
20. Approximate depth of ground water table in the area of the facility or discharge: 'm
21. Proximity of facility to surface waters: Facility (edge of lagoon) is looted approximately 100yyards from am Unnamed
Trial ry to Shade Branch, Class "C -SW" waters.
22_ Animal waste discharged. Swine
Witnesses: Ed Buchan.. DWQ WO Fayetteville Regional Office [phone].
Sue Homewood DWQ WO Central Office [phone].
23 _ Are pollutants discharged in the waters of the State? YES
If so, how? Qn the initial inspection on 913196, it was observed that waste was beim land applied during a
prgdpta�on event, on of the l oohs revealed that adeguate freeboard was available and land Mlication was
not mMng lately necessary. Upon further mvemgatiori waste was observed to discharge from an mwroperty
fimctioning_lush Vk to a nearby field ditch. This ditch is an unnamed tributary-Qf Shade Branch and is jn intermittent
Blue Line Stream on a USGS_Topo Map. Also on the date of this inspection waste was visuallyced1 r�DWO
staff to a wetland area. During the second inspection on 9126196, waste was observed beingland and applied on the lower
spray field in such a manner thaiwas }irrQ drrsctly discharged into the pr�viousl�rneretionedch. W _was
visually traced by Regional DWO staff and it was confirmed that high concentrations of waste were again entering the
Macem wetland area and drmning into Shade Branch (see attached photographs and USGS Toyo Man)
24. Do or have discharges occurred in response to a storm event less severe than the 25 year, 24 hour storm? YES. during
both investigations lagoon levels were aftWe, and waste was—being land applied so as to irscharge to s�uf
waters. Under neither circumstance had their been a 25 year. 24 hour storm recently.
25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property
resulting from the violation?: The discharge has caused the introduction of nutriMs into the receiving cream that will
cause or add to the of algW blooms and eratedo hication of the slow muvmiz waters of the
receivirrstream. Also. samples taken indicate elevated focal coliform levels down stream of the facility.
Sample results:
Sample Location (913196)
1. Exiting House-ID#%WE95057
2. Ditch Pipe-ID#96WE95058
3. Field Ditch Leaving Property-
lD#96WU95059
4. Entering Wetland Area-D#W6 5060
Coliform Fecal 1100rn1 BOD
22.000,000 2020
63000 NIA
420.000 697
130.000 528

q+mtale Location (9/26/963*
1. Feld Ditch Leaving Property
-B3#96WE95565
2. Into Wetland Area-UNL%-WE95566
3. Leaving Wetland Area-ID#96WE95567
Coliform. Fecal / 100ml . BOD ma(L
109.100 15.0
34.000 37.8
28, 26.5
*These samples were taken approximately 3 hours after the discharge was observed.
NIA = This Sample Test Was Voided Due To Technical Complications From Hurricane FRAN
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE
INFORMATION'
There are no knownpub&c health issues at this time_ Waste discharges of this nature may, based on comments from Dr.
M.A. Mixsom Ngrth Carolina Department of Agar-uhtmrg Veterinary Division transport swme diseases if conditions are
suitable.
26. What is the duration and gravity of the violation?: Based
pit observed discharging on 9/3196 was discharging
on comments from farm sma
at least 24 hours prior to the arrival
the '
of DWO staff.
fimcai Rush
The problem
most likely continued ^for a minimurn of 24 hours
jfter the inspection of 9/3/96.
Egarm staff also
mentioned that the
par a drairing the flush pit was clogged at that Mme.
1t was also observed that
a 6 inch PVC
par a (see attached
photogra hJ had been placed in the field ditch and was channelling the waste from the flush pit_
At this time it is
pot known whatthe pgaM a of this p pi a was. although
it may be m place to help
drain
from the firrm
into the ditch. The discharee observed on 9/26196 was estimated to have been occurring
for a minimum
of 2 to 3
hours based on the condition ofthe SM 5el
27. Water Quality Assessment: At the time ofboth inspetxions waste was observed to comprise of at least_ 75% of the total
flow of the field ditch. Qgdqg ft sccond jgWgdon it was estimated that waste compdW of mmmxin i% f
the flow into Shade Branch_
28. What is the cost of rectifying the damage?: The writer observed no areas that dg= activities would be
recommended. Arty cleanup would cause adverse impacts to ray wetlands There has been no _ E%ortt
downstream impacts outside the area ofthe investi on.
29. What is the amount of money saved by noncompliance?: Based on observations made during the investigations, no cost
was significantly decreased by epyb= the wastestoder improper conditions.
30. Was the violation committed wr71f'* or intentionally?:
YES _ NO X
Explain: Although it is obvious that the irrigation ego' meat operators should have been more careful in how
muck where. and when the waste was beingV2h-j d on 9/26196_ it does not aOPear that they intended_fbr the wast
to reach surface waters. The discharge on 913/96 also seems to be more of a case of negigence and lack of
maintenence.
31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental
Management Commission has regulatory authority?: Regional files contained no pUnjous violations for this farm.
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing: $10.00
Mileage: $0.20 per mile for 180 miles: $36.00

Fecal Coliform ($22.00 per sample) * 7:
COD Analysis ($24.75 per sample) * 0:
BOD Analysis ($33.00 per sample) * 6--
Copies
:Copies (Sampson County Court House)
Ed Buchan @ $ l 8.64/hr
4 hours - Drive Time
5 hours - Investi*on
8 hours - Report Development
17 hours total
Sue Homewood @ 18.30/hr
2 hours - Investigation
8 hours - Report Development
10 hours total
Michael Wicker P.E. @ $26.58/hr
1 hour - Review
Kerr T. Stevens (Supervisory Review)
Central Office Review
$154.00
$00.00
$198.00
$0.50
$316.88
$183.00
$26.58
$33.58
$100.00
Total $1058.54
33. Type or general nature of business: Swine. Farrow to Finish Qpmtion
34. What is the violator's degree of cooperation or recalcitrance: Mr. McLamb was cooperative in all conversations and
%MW willing to correct Am deficiencies. The non-fbnctiQmn_& flush ig was Ecpared Mor to the second
investi
35. Are there any Mitigating Circumstances?: NQ
36. Assessment Factors:
a. IWC : Initial discharge was visually estimated at 75% of the flow of the field ditch. The second observation of
discharge was estimated at 1% of the flow of the Shade Branch.
b. Receiving Stream: Shade Brarnch
c. Damage Yes _ No X (Based on observations at the time of the investiganion)
If YES, include report from Wadlife Resources Commission.
37. Include a copy of anv Designation Metter signed bathe Director.
38. Recommendations Made to Owner/Operator: At the of the initial investigation_
I- Imm ' t waste on to the fi ds
2- Take immediate action to prevem discharge from re-occursin . (i.e. repair flush nits
3- Contact NRCS to obtain technical assistance if necessary.
39. Recommendations for further DWQ Action:
- Notice of Violation LForwarded October 8, 996)
- Enforcement Action
- Reinspection
- Revocation of Deemed Status
40. Other Comments: It is the opinion of the writer that the flush nit system needs to be thoroughN examined and measures
should be taken in order tQ prevent further discharges �m this system. Such measures may include a bar screen in
fro A of all drain pipes and upMding_undersized rain pipes. The six inch PVC_pipe should be removed from the

field ditch. In addition a winter cover m needs to be established inunedig* and buffers should be established
aloin the field-d&A The current sprinkler btggfion system should also be mom so as, to not dire disclggw
into the field ditch. It may be n@pp§M to dear and establish more acreage for land application in order to continue
o xnr on 19 the gAmg t swine poMiMon.

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Microbac Laboratories, Inc.
MICROBAC ENVIRON!ffidTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL • WATER • FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. E. Buchan
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Exiting House - ID #96WE95057
2. Ditch Pipe - ID #96WE95058
3. Upstream - ID #96WU95059
4. Downstream - ID #96WD95060
NC #11
NC #37714
USDA #3787
•_ WASTES
CERT #17563
DATE RECD: 09/03/96 SAMPLED: 09/03/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Stream, Grab
REFERENCE: McLamb Site
DATA REVIEWED BY:
DATE REPORTED: 09/10/96
tittiiittiti*tt*it**iti+itis**iii*t*it}*tit}}ttt}}}ilii***tiii*t}}ittiit**ii+iti*ttiitttii
ANALYSIS METHOD 1 2 3 4
++4++++++++++tti++tttt+tt+i+}+ttt+ti+++it+ittt+itttt+ititt++4+t+titttit+++#i+ti*tt+t*#++++
BOD (mg/L) (`) BPA 405.1 2020 697 528
COLIFORM, FECAL (per 100 ml) SM18 9222D 22000000 6300000 420000 130000
CCH?UNTS: } - Results questionable due to Hurricane Fran power failure
< - Less than
> - Greater than
•
RECEIVED
SEP Is 1996
f ENV. �MANAGEMENT'k
FAYETiEVILLE REG. OFFICEI
PAGE 1 OF 1
The Geta and other lrkonneam cwmdred on this arrd oder a=mr4)anytnp d=ff oms. repressrd ordy the sa> (s) anWyrad and is M E M B E R
rendered upon the mnifton that 4 is not to be reproduced wholly or in part for aenertWnp or ot1w purposes athdA written approval
trorn the laboratory.
USDA -EPA -NIOSH Tesf3np Food SatdtabDn Cortstittinp Cherrdc2d and WmbioftW Analyses atd Research

0
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE MAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA 03787
(910) B64-1920 / [phone] (FAX)
AIR • FUEL • WATER • FOOD WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: E. Buchan
ACCOUNT NUMBER: #KNO 03
SAMPLE ID: 1. Ditch leaving farm - ID #96WE95565
2. Into Pond - ID #96WE95566
3. Leaving Pond - ID #96WE95567
4.
CERT #17690
DATE RECD: 09/26/96 SAMPLED: 09/26/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Grab
REFERENCE: McLamb Farm
DATA REVIEWED BY:
DATE REPORTED: 10/02/96
*#}+}}+*+a***4*44+******}+}******+4+*******+}++4**#*+}+}+}*+*##+++*******4+**********4****
ANALYSIS METHOD 1 2 3 4
+a}a*}**}aaa**}##+aaa**a***ata++*}++}}ta+tat#}}}}**+**}+}}*}*}*#}}}}+}*****}ata*****}}}a}*
BOD (mg/L) SPA 405.1 15.0_ 37.8 26_5
COLIFORM, FECAL (per 100 ml) SM18 9222D '--109100 34000 28000 '•
COMMENTS: < = Less than
> == Greater than
OCT 4 ISS
EY. MANAGEMENT
FAYETTEVII LE REG. OFFICE
PAGE 1 OF 1
itw dare and odwr kdamadon aonm[rwd on Oft, and othm ac=a"nyhrp d=rrwMs, rapaLeM wdy etw w>tipr(s) analyzed and is MEMBER
rendarad upon ttw oord2+ton met is fa ret m ca raproduoed wlwly or [n pan br advanmnp or ottwr puMoeaa wit W wreten dpproww
ham Vw *bomUxy. d
I [cne-FPAAnrWA Tamfim Fwd Sanitation C.os,suimta Chemical end MbMbfolopW Analyses and FI*MrCh

OPERATIONS 96NM - OD Fax=919-715-6048 Oct 4 '96 11:30 P. 01/01
PW4C Fax Note 7671 Dntz 144%s 1,
Phow i - Ph"W A .tip ' -ia?f�21?
Fax • Fax A �, }; 7
kNIMAL "_— QL0T 00r? a ONS
x,M1 t
J.6ZLCi�L VL :,,4tv_sutsme.^.t, Health and Natural '&SQ}i Ces `-•�
F NV
,.
Division of Eav:ronmental Managemen '. `
4 X96 Water Quality Section
OCT;
ENV. MANACIR"j animal waste maria emenz system for feedlot rum ,. ; 6
S y your eed_ot on�_a'c_�n _s
FAYETTEVILLEU�g;&E to serve more than or equal to 100 head of cattle, 75
f horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by
a l=euid waste system, then !t—; s form must be fi? l ed out and mailed
by December 31, 1993 pu=suanc zo 15A NCAC 2x.021-7 (c) in order to be
deemed permitted by DE..M. ?lease print clearly.
Farm Name : �. m , b`e-r.�
i - Ave.Mai l__^ -g Address: tiC_ Ss.r.s�t` A
— .G. 7Ta '•I +Z2,
county:-- .- ' phone No.- 3Y2- 651
f R
Owner (s) Name: he
Mexiage_•(s) Name: ....� _ --
Lessee Name:
14'_arm Location (Be as speci=ic as possible: woad names, direction,
a4 l enncr - or n 1
larizude/Longitude if known: �C�S Rlook 34 S�_9
Design capacity or animal waste management system (Number and type
of confined an -mal (s) ? : '1o0 ¢.rr-o,,4 Pe -
Average animal population onhe fa (Number and type[jof animal (a)
-raised)�4 r]wrro..': .,;
• �. ■ . w������+.rr � li ice.
Year Production Began: �J_/ E ASCS Tract No.:
'type of Waste Management System Used: _ nem _Lrr.r, Zi1, P.—
Acres Available for
Owner (s) 5 ignature (s) :
lication o
e: S0
DA'
9/30/91r

RECEIVED
AUG 0 8 1997
FAYM
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT REG.0FOFF�IC E
REG. GE
— DWQ ENVIRONMENTAL ENGINEER
HEALTH, AND NATURAL RESOURCES
FAYETTEVILLE, N. C. 28301-5043
SUBJECT: OPERATION REVIEW DELWAY
DEAR MR BUCHAN,
This letter is in response to the visit to my farm on
Friday the 25th of July around 3:00 PM. I would like to thank
you and your colleagues for the help you gave me in reaching
a corrective action so promptly, which helps us all in the end.
Under your direction my Service man, Anthony Carter contacted
his superior, Donnie Bradsher, who contacted a technical
specialist, Craig Westerbec, who assessed the seepage and rendered
his solution to the problem.
At 5:10 pm Craig, Neil and Anthony found the end of the pipe
on the waters edge and immediately pulled it from the water. This
stopped all the seepage.
Craig and Neil then directed me to dig into the damn about 2
to 3 feet' and cut the pipe and fill it with cement on the inside
and the outside and to extend in front of the pipe about 2 feet
toward to lagoon. This was completed by 7:00 p.m. by Anthony and
myself lthe same day.
I—contacted Robert Heath of D.W.Q and asked him to come and
check out what we had done before we covered over and packed it
down. Robert did come on Monday, the 28th of July at 3:30 p.m.
and commented that he liked what he saw, especially in protecting
the lagoon damn by not digging all the way through, creating
a soft or weak link in an aged settled lagoon damn.
There is a second part of the resolution and that is to do
the same job with the cement to the backside of the damn. This
will be addressed in the next few days.'
Again thank you for your help and also Scott's and Trent's
of the ASCS office for their routine inspection which resulted
in finding the problem before it was allowed to become a disaster.
Sincerely yours, C�
Jimmy D. McLamb
Owner
cc: Serviceman
Manager _
WMAN
OFJRA��M

R
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 13, 1997
Certified Mail
Return. Receipt Requested
Attn: Jimmy McLamb
McLamb Corporation
McLamb Swine Operation
1308 S. West Blvd.
Clinton, NC 28328
Q��
IDEHNR
RISC
3U% 17 tia4T
FAYE��rr
flic i'F
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
McLamb Swine Operation
Sampson County
DD 96-031
Dear Mr. McLamb:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not
found grounds to modify the assessment of $5,058.54.
Should you choose to pay the penalty, you may tender payment to meat the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the Department
of Environment, Health, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment of
the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will. be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
A. Preston Howard, Jr. E.
cc: DW, ,Q -Regional -Office
Enforcement file

OPERATIONS BRANCH - WO Fax:[phone]
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 28 '97 1514 P.01/08
LT."FA
E3EHNR
WATER QUALITY SECTION
COMPLIANCE GROUP
PHONE:[phone], extension 581
FAX NUMBER: (91.9) 715-6048
TELECOPY TO:
FAX NUMBER: i+\
FROM: SHANNON LANGLEY
NUMBER OF PAGES INCLUDING THIS SHEET: I
'IECEIVED
414 r 2 1997,
Fzed ILLie
oFF1eE
{ff /-S- �f-A -e /--f fff i
-C le "� . —s 1 T f L, .'-
)&2ra 7�2ti � Ii�r/f re nn 4 -�qre �-y-C LavfJrtr,
o
P -D- Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Oppartunity Affirmative Action Employer 50% recycled/ 101.6 post -consumer paper

Im
OPERATIONS BRANCH - WQ Fax:[phone]
hay 28 197 15 :14 P. 02/08
qo
r�
AECENED
APR 15: 1997
MR. STEVE W. TEDDER WAMR'oua y SEcnpM APR 14 041
Water Quality Section Chief /DWQP�hQ4_SB
P. O. Box 29535 WA Eft QUALITY
Raleigh, North Carolina 27626-0535 SECTION
Dear Sir:
This letter is in response to remission of fines and
penalties. I Would like the availability of being able
to use this money to enhance my ability to prevent the
likely hood of any such violation in the future. I have set
forth a budgeted amount of money to clear extra land and increase
Ty ability to spray more volume in a shorter period of time by
including a reel system on the new ground.
The reel system allows for a greater amount of nutrients to be
applied in the same time as my current solid set system. The reel
system would be on the NEW ground on a separate line, to allow
pumping both systems at the same time if every necessary -such as
the time between Bertha and Fran.
I have already cleared the land at a cost of $21000.00 for
twenty (20) acres. This twenty acres will allow me about twelve
(12) acres to spray on due to State Laws governing buffers from
ditches and property boundaries and wetlands. I would have like to
have one of the larger reels but could not obtain the funds. The
cost of the reel is $5800.00. This alone, with seeding the grass
and plumbing will exceed my budget due to the increased cost on the
acres cleared for spraying.
In respect to the fine (a - e) items listed in the remission
request I will respond as follows:
a) I do not feel that any assessment factors were wrongfully
applied.
b) I did stop any problems as soon as physically possible, to
try to be in compliance.
On the second violation of spraying in the ditch we are
currently moving the sprinkler from the ditch area so that this
will not happen again. I have also told the employees not to spray
the ditch area again. Some of the employees did not understand
that the x on my map indicated DO NOT USE. Most people are not
interested in papers that pertain to work, they just want to work
and that is all.
C) As stated in my first letter dated 12-20-97, the hurricane
had a great effect on the violations. The rain that we had after
Bertha and before Fran and the slowness of the underground solid
set system of irrigation led up to the problem of the pit stopping
up and discharging.
d) No assessment before this and hopefully none after.

OPERATIONS BRANCH - WQ Fax -919-715-6048 May 28 '97 15:14 P.03/08
e) This money will hold }sack my ability to correct the short
fall in the system of irrigating. My budget is only a specific
amount for the items that will help prevent any future problems
of this nature.
Because the fine falls into the same category of band and
Nutrients, it will inhibit my ability to proceed with my plans of
prevention. It is very hard to go to a bank a second time for the
same project and get a positive response from them.
I have enclosed a copy of the bills incurred so far on this
project and a map outlining the areas to clear and spray. The
area outlined in red is the cleared acres, the blue is the buffers
from property lines, ditches and wetlands.
If you have any questions, please call 592-1516 or 664-2106
at night.
Sincerely, '
rJimmy D. McLamb

. OPERATIONS BRANCH - lO Fax=919-715-6048 May 28 '97 15=14 P. 04/08
MARK RAYNOR 4 0--;p
-� ,311 190 Taylor Bridge Highway NO 262
0 �s Clinton, NC 28328 * .?G •7%
.ark Rarror6y,11 , Lary Rarer*
910-59-2794 910 -592.6176
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OPERATIONS BRACA - WO Fax:[phone] May 28 '97 15=15 P.05/08
.MARK RAYNOR
190 Taylor Bridge Highucy N? 2 6 6
Mark RaynorIintoNC 28328
Xx F Agt� Raynor
914590-2794 91a592,6176
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OPERATIONS BRRNGi - WO Fax:[phone] May 28 '97 15:18 P.08/08
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OFA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. Y --Ch 11G j 2f,_,d 24 7 ) STIPULATION OF FACTS
FILE NO. WD96-031
Having been assessed civil penalties totalling $5058.54 for
vioMon(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, .1126 /27 _ , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an adminis"tive hearing in the above -staffed matter and does
stipulate that the facts are as alleged in the assessment document.
This the 10 day Of April 19 137
SIGNATURE
ADDRESS
?.93 29
TELEPHONE

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
Allmum IF
E3EHNR
DIVISION OF WATER QUALITY
July 30, 1997
_l i _� \ t�. S • � _i R
Mr. Jimmy McLamb
JM Swine Farm
1243 C. Sunset Avenue
Clinton, NC 28328
Subject: NOTICE OF DEFICIENCY
Discharge From Lagoon
JM Swine Farm (Reg. # 82-207)
SR 1946
Sampson County
Dear Mr. Mclamb:
On 7 /25 /97, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the JM Swine Farm in response to a Regional Division of Soil and Water
operations review. It was observed that liquid waste was exiting the north lagoon via a 4
inch corrugated pipe in the lagoon dam structure.
During the inspection, you indicated that this pipe was present in the lagoon dike
when you purchased the operation in 1982 and that you subsequently capped this pipe to
prevent a discharge from the lagoon. You also indicated that the plastic cap was probably
damaged inadvertently during a recent clearing of the lagoon embankments. The damaged
cap apparently allowed waste to leak through the pipe and pool in a low area adjacent to
the lagoon. Due to the unstable condition of the dam material surrounding the pipe, you
were specifically requested not to plug the pipe by Regional Division of Water Quality
staff. It was confirmed that the waste draining out of the pipe was pooling around the toe
of the lagoon dam and was not leaving the farm site. During the investigation, it was
recommended to you that the ditch draining the low area beside the lagoon be blocked with
an earthen dam to prevent any potential drainage from entering surface waters of the
State.
Wachovia Building, Suite 714, FayettevilleN�`� FAX [phone]
North Carolina 28301-5043 1� An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr_ McLamb
7130197
Although no waste from your facility was observed entering the waters of the State,
this situation poses a significant threat to nearby surface waters. Consequently, it is of
the utmost importance that you immediately contact a technical specialist for advice on
how to properly seal and/or remove the pipe. It is also requested that a technical
specialist evaluate and certify all of the lagoon embankments as part of the certification
process you are currently involved in.
Please notify this office in writing by no later than September 1, I997 at the address
on the bottom of the previous page as to the actions taken or proposed to be taken to
resolve the noted deficiency. If you have any questions concerning this matter, please call
either myself or Mr. Kerr Stevens, Regional Supervisor, at [phone].
Sincerely,
Ed Buchan
Environmental Engineer
cc: Sue Homewood- Facility Compliance
Central Files - Raleigh
Audrey Oxendine- DSWFayetteville
Wilson Spencer - NRCS Sampson County
Kerr Stevens - FRO Supervisor

Or
Micr`obac Laboratories, Inc.
MICR.OBAC ENVIRONMENTAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR •,. FUEL ' • WATER •: FOOD •
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. E. Buchar,
+ AeCOUhiT NUMB4R: _ #KN0 03
SAMPLE ID: 1: Exiting Roust; - ID #96WE95057
2. flitch. Pipe - ID #`_ 6WE95058
•3•., Upstream - ID #96WU95059
I.,
i
4.: Downstream - ID #96WD95060
NC #11
NC 937714
USDA #3787
WASTES
CERT #1755.3 -
DATE RECD: 09/03/96 SAMPLED: 09/03/96
SAMPLED BY: E. Buchan
I
DELIVERED BY: E. Buchan
SA14PLE CODE,: '4'W j .'Str r,&m, uL au
PEFERit10E-: I-ILLamb-Sita _-J-
DATA REVI E IED BY:
DATE REPORTED: 09/10/96
+i++++++:+}++++++++++++#}+ii-+++++++++}**+++++++++++++++++moi-A.4A4++4-1- 4,+++++++++
ANALYSIS METHOD 1 2 3 , • 4
#•++* #•k*#+*#+++#+#+++++#+#+,4:Ei•#*•1•#+++i++1•+++++}4++}++}++*•kir •k #•*4,4##++t+i}}}++}+++++++#++}tit
BOLI (mg/ L) (+) EPA 465.1 2020' 697 528
COLIFORM, FECAL (Per 100 ml) SM16 9222D.. 22000000 6300000 420000 130000
e
,/
_COMMENTS: k = Results questionable due to Hurricane Fran purer failure
�- <-= Less than
> = Greater than
L
• � � ' F � RECEii�, ,
ENV. MANAGEMENT
FAYETTEVILLE .REG. OFFICEI
WAGE 1 OF 1
The data and other Intomtetlon contained on
this, and other acoompanying documents, represent only the sample(s) analyzed and is M E M B E R
rendered upon the condtion that it is not to be reproduoad wholly or in part for advertising or other purposes without written approval
from the laboratory.
USDA -EPA -NIOSH Testing oSanitation Consulting Chemical and Microbiological Analyses and Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE HAWIE STREET NC #37714
FAYETTEVILLE, NC 28333 USDA ##3787
{910) 864-1920 f [phone] (FAX)
AIR FUEL WATER FOOD WASTES
CERTIFICATE OF ANALYSIS CERT #17696
CLIENT: NC DEM 1 HATE RECD: 09/26/96 SAMPLED: 09/26/96
ADDRESS: Vachovia Building, Suite 714 SAMPLED BY: E. Buchan
Fayetteville, NC 28301 DELIVERED BY: E. Buchan
d ,
ACCOUNT NUMBER: #4+x1003 REFERENCE: Mc;Laiub Farat
SAMPLE ZD: 1.; Ditch leaving -farm - ID #96 95565
2.'' °Into Fond ID #96WE95566
3. ('Leaving. fond - ID ##96WE95567 DATA REVIEWED BY:
` 4 HATE REPORTED: 10102/96
t
k 4k4444*+4-*4-4#+4. 4•ki{�*k L- -4 ,k•k +4.4 +,k. k-4-4-+4,4,4--lo4 4-6iA 44"-4,•ir**#'444+4.-4+*+4f 4r4, -1,F#*, 4, i••i-.*-k*
AIfAi,YSiSMETHOD 1 2 3
*#*+ * ##•+rr #•*
4,* 4, -+ ***++#+-6'o-#****&+*,k+**,4 -& .•y4***-k*k*+!•#+ +* -k-k -k #•!rt*4•k+*,k •k-+,4 ++#*+*t+
BOD (ing/L) ! EPA 405.1 15.0 37.13 26.5
t�
;COLIFORM, FECAL (per 100 ml) SM18 9222D 109100 34000 28000
COMMENTS: c � Less than
>, Greater than
r i _
f 3 T�1
>r
' � I
o ,
t
'VCT 4 1996
ENV. MANA^EMENT
FAYETTEVILLE RE�­
PAGE 1 OF 1
? The data and other Into"neWon contained on thea, and other a=mpanying documents, represent only the sample(s) analyzed and is MEMBER
rendered upon the condition that it is not to be rePmduosd wholly or in part for adverWng or other purposes without written approval
from the laboratory. -
USDA -EPA -NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
i

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Jimmy McLamb
JM Swine Farm
1243 C Sunset Avenue
Clinton, NC 28328
11DEHNR
DIVISION OF WATER QUALITY
July 30, 1997
Subject: NOTICE OF DEFICIENCY
Discharge From Lagoon
JM Swine Farm (Reg. # 82-207)
SR 1946
Sampson County
Dear Mr. Mclamb:
On 7 /25 /97, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the JM Swine Farm in response to a Regional Division of Soil and Water
operations review. It was observed that liquid waste was exiting the north lagoon via a 4
inch corrugated pipe in the lagoon dam structure.
During the inspection, you indicated that this pipe was present in the lagoon dike
when you purchased the operation in 1982 and that you subsequently capped this pipe to
prevent a discharge from the lagoon. You also indicated that the plastic cap was probably
damaged inadvertently during a recent clearing of the lagoon embankments The damaged
cap apparently allowed waste to leak through the pipe and pool in a low area adjacent to
the lagoon. Due to the unstable condition of the dam material surrounding the pipe, you
were specifically requested not to plug the pipe by Regional Division of Water Quality
staff. It was confirmed that the waste draining out of the pipe was pooling around the toe
of the lagoon dam and was not leaving the farm site. During the investigation, it was
recommended to you that the ditch draining the low area beside the lagoon be blocked with
an earthen dam to prevent any potential drainage from entering surface waters of the
State.
Wachovia Building, Suite 714, Fayetteville SAW FAX [phone]
North Carolina 28301-5043 N%q C An Equal opportunity Affirmative Action Employer
Voice 910-486-154150% recycled/ 10% post -consumer paper

C
Page 2
Mr. McLamb
7/30/97
Although no waste from your facility was observed entering the waters of the State,
this situation poses a significant threat to nearby surface waters. Consequently, it is of
the utmost importance that you immediately contact a technical specialist for advice on
how to properly seal and/or remove the pipe. It is also requested that a technical
specialist evaluate and certify all of the lagoon embankments as part of the certification
process you are currently involved in.
Please notify this office in writing by no later than September 1, 1997 at the address
on the bottom of the previous page as to the actions taken or proposed to be taken to
resolve the noted deficiency. If you have any questions concerning this matter, please call
either myself or Mr. Kerr Stevens, Regional Supervisor, at [phone].
Sincerely,
4-7
Ed Buchan
Environmental Engineer
cc: Sue Homewood- Facility Compliance
Central Files - Raleigh
Audrey Oxendine- DSWFayetteville
Wilson Spencer - NRCS Sampson County
Kerr Stevens - FRO Supervisor

Stere of North Carolina
Department of Environment, .
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 26, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jimmy McLambe
1308 S. West Blvd.
Clinton, NC 28328
SUBJECT: Request for Remission of Civil Penalty
Jimmy McLambe Swine Farm
Pursuant to N. C. G. S. 143-215.6A(f)
File No. DD 96-031
Sampson County
82-207
Dear Mr. McLambe:
RECEIVED
AUG 2 9 1991
FAYETTEVILLE
REG. OFFICE
Your request for remission has been placed on the agenda for the September 11, 1997,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or -the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions_
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

25, 1997
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality
Compliance Group, at (919) 7332083, ext. 233.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: DWQ Regional Office
Enforcement File

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
October 8, 1996
CERTIFIED MAIL
REIURN RECEILT RMUESTED
Mr. Jimmy McLamb
J.M. Farm
1243 C. Sunset Avenue
Clinton, NC 28328
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
J.M. Farm
82-207
Sampson County
Dear Mr. Mciamb:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be
in violation of your 2H .0217 Permit.
On September 3, 1996 staff from the Division of Water Quality performed an inspection of your
farm located off SR1946. The inspection revealed that waste was being sprayed on the field adjacent
to SR1946 in an extremely poor manner as no significant cover crop was present and it was also
raining during the application event. .However, no waste was observed leaving the field during the
investigation. Further inspection also revealed that animal waste was discharging from a
malfunctioning flush pit and entering the waters of the State. Animal waste was observed flowing
from the flush pit to a nearby ditch and then into an unnamed tributary to Shade Branch which are
Class "C -SW" waters of the State. In addition, during a follow-up inspection on September 26,
1996 waste was observed entering the aforementioned ditch again via two sprinkler heads which
were spraying waste directly into the ditch. This discharge also entered into the same
Wachovia Building, Suite 714, Fayetteville SAW FAX [phone]
North Carolina 28301-5043 N%` C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper
\1

Mr. McLamb
Page 2
1018196
unnamed tributary to Shade Branch. However, it was noted that the flush pit did appear to be
functioning properly on the day of the second inspection.
Please be reminded that by allowing a discharge to take place without the appropriate permit, you
are in violation of at least NC General Statute 143-215.l(a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall received from
the Commission a permit therefor and shall complied with such conditions, if any, as
are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is also to advise you, (1) To cease all unpermitted discharges of waste
from your facility, (2) Take immediate action(s) to prevent discharges in the future, (3) That a report
will be forwarded to the Division of Water Quality -Compliance Group with recommendations for
enforcement action, (4) That recommendations will be forwarded to the Director of the Division of
Water Quality for the revocation of the "Deemed Permitted" status of your facility.
It is also requested that you submit an approved certified animal waste management plan to this
office within 60 days of receipt of this letter-. This plan should also include what measures will be
taken in order to insure no further discharges will occur. You are strongly urged to contact Mr.
Wilson Spencer of the Sampson County Natural Resources Conservation Service at [phone]
for additional information regarding a certified waste management plan. Please submit the requested
plan to the address listed on the bottom of the previous page.
Please be advised that failure to address this and future violations in a timely manner may subject
you to further enforcement actions and the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation.
It is recommended that you immediately contact this office should you need additional information or
clarification regarding this manner. Please do not hesitate to contact Mr. Michael Wicker, P.E.,
Regional Water Quality Supervisor or Mr. Ed Buchan, Environmental Engineer, at [phone]
if you have any questions.
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Chris Walling - DSWC Fayetteville Office

Mierobac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY, NC #11
817 CASTLE HAYNE STREET _ NC #37714
FAYETTEVILLE, NC; 28303 USDA #3787
[phone] / [phone] (FAX)
AIR • FUEL WATER _ FOO© WASTES
-
CERTIFICATE OF ANALYSIS ' CERT #16282
CLIENT: NC DEM
DATE RECD: 03/26/96 SAMPLED:
03/26/96
ADDRESS: Wachovia Buildinq, Suite 714
SAMPLED BY: E. Buchan
Fayetteville, NC •28301
DELIVERED BY: E. Buchan
CONTACT.PERSON: Mr. Ed Buchan
SAMPLE CODE: WW, Stream, Grab
T
ACG-ODNT NUMBER:=#IU4003 T 4
REFERENCE: Carrull'st38
SAMPLE ID: 1. Ditch off field - ID #96WE31625
2. Confluence Point - ID #96WE31626
3. Upstream - ID #96WU31627
DATA REVIEWED BY:,��__ _
p�
4. Downstream - ID #96WD31628
DATE REPORTED: 04/03/96
++-4++44,-*++++++y#++++++++++i-i++}+++r++*i•+++-fir
�r++++++ik+++�++.-Iri}+�•+•L �#++'#-+'*'`i+i`+
j
ANALYSIS METHOD
1 2 ,r 3
4
BOD (mg/L) EPA. 405.1
822 880 2.15
8.79
COD (mg/L) EPA 410.4
2250 2200 50
110
COLIFORM, FECAL (per 100 ml) SM16 909C
1360000 1710000 130
860000
COMMENTS: C' Less •• than "
> = Greater than
E RVE
.APR 10 ass
EW. MANAGEMENT
!
FAYETTEVILLE REG. OFRM
PAGE 1 OF 1
The Cam and other intomuaion contained on this, and other accompanying documents, represent only the sample(s) analyzed arra Is M E M B E R
rendered upon the corKNon that It Is not to be reproduced wholly or in part for edvertlsinq or other purposes wtthout mitten approval
hum Ura taboratory_ -
USDA -EPA -NIOSH Testing Food Sanitation C6rtsultlng Cheakal and Microbiological Anayses and Research

Jimmy D. McLamb
McLamb Corporation
1234 Sunset Avenue
Clinton, NC 28328
[phone]
December 20, 1996
To:
In reference to:
RECEIVED
JAIN 1 1991,
FAYETTEVILLE
REG. OFFICE
Registered Letter dated October 8, 1996
This is a reply with respect to the registered letter sent to me on
October 8, 1996.
The first matter of spraying waste in a poor manner due to no cover
crops being present can be confirmed by Wilson Spencer of Sampson
County Office and W. O. Boone (phone:.285-g//1) who is presently
cutting the hay. Mr. Boone has sold off of that field about $300
worth of hay, which is not but about less .than 1/3 of the total for
that field.
In reference to it raining while pumping; that morning I instructed
my personnel to run the pump at that farm since it was not raining.
I have instructed as well as 'posted in the office that I do not
pump the lagoons when it is raining. Due to the inevitable threat
of a hurricane (Fran) coming within 100 -miles of much less a direct
hit of my farm. I knew I should pump due to the slow movement of
the underground system type. Even though this is the preferred
system of the DEHNR, it is the slowest to move the level of the
lagoon. These ponds were full due to a previous hurricane (Bertha)
only weeks prior to Hurricane Fran.
In reference to the malfunctions pit overflowing: This is due to
the previous Hurricane Bertha and the slowness of the system to
remove the increased volume of rain water. During the time between
.these two hurricanes, there were very few consecutive days of low
threat of rain which would be optimum for pumping and reducing the
level of the lagoons. The second result was the field had hay on
it which, as soon as it dried, would be cut and removed and with
the respect for the quality of the hay. This was restricted where
I sprayed. The increased rains prevented cutting and the cycle was
leaving me "out to dry" so to speak in terms of managing my lagoon.
When a real threat came (Hurricane Fran), I had no' choice but to
pump to prepare and protect my lagoon for the increased rain. Some
call this the lesser of two evils. A lagoon purge or spray in' the
rain.
In the follow-up inspection, the overflow flush pit was corrected.
Now another problem was the sprinklers were spraying into a ditch.
This problem was corrected as well, an onsight seen basis from
direction of Mr. Buchan to my em loyee. The problem here is that
when the engineer laid out my fields for sprinklers there were not

t
laws in his knowing of disregarding ditches. His only concern was
overlapping coverage of the spraying circumferences for application
rate of lb. N (pounds of Nitrogen) on the crop. This farm was laid
out with the intent of what was heard and believed to be what the
Soil and Water Conservation Office had stated as being preferred;
an underground sprinkler system. We had large reservations in
doing this system due to salt build up in the pipes and the
slowness of the system. However, we went ahead anyway on the
belief of the NRCS preferring it. All of this was in place years
ago before these regulations were detailed out. Since the laws, I
have drawn on the field maps which ,sprinklers NOT to use due to the
ditch. We are also currently looking into making a waterway of the
ditch to allow full coverage of this field again.
As with any day-to-day operation, hurtles must be crossed. We fix
one and another pops up and we fix it and so on. The point being,
that we try and will do whatever is necessary to comply with the
regulation set forth. We all live, eat and drink here together.
In reference to applying for a permit to allow discharge, I need
the forms and information to do so in a proper and "timely" manner.
On September 3, 1995, my personnel was instructed by Mr. Buchan to
stop pumping due to the rain. He also left a card to be given to
me so I could call him. The next day it was clear and sunny but I
didn't go by the farm until late in the afternoon.and saw that the
pump wasn't running. I called my employee at home that night to
see why he wasn't pumping with a hurricane (Fran) on the way. He
then told me he was instructed not to pump until otherwise told to
do so by Mr. Buchan. The next morning I called Fayetteville office
of DEHNR. Mr. Buchan was not in so 'I talked with another gentleman
in charge and asked for permission over the telephone to pump until
the power went out due to the immediate threat of Hurricane Fran.
He instructed me to do so but to try to prevent run-off from
entering directly into a ditch. I did as he instructed. I asked
him to make a note of this call on his desk calendar for me and he
said he did so.
I am enclosing a portion of a letter sent by Wilson Spencer to all
parties concerned: banks, contractors, inspectors,insurance
etc..., pertaining to our certified status, due to the fact that
the hurricanes (Bertha and Fran) interrupted normal operations of
land clearers and contractors.
Sincerely,
Jimmy D. McLamb
McLamb Corporation
enclosure

NATURAL RESOURCE CONSERVATION SERVICE 'UNITED STATES
34 COUNTY COMPLEX ROAD DEPARTMENT OF
CLINTON, NC 28328 AGRICULTURE
PHONE [phone]
September 13, 7996
To: Whom it may concern
Subject: Certification Status of McLamb Swine Farms
The Delway Finishing Farm is located at Longitude 78 11 53 and
Latitude 34 49 45 will accomodate 2400 Feeder to Finish hogs with
existing lagoon capacity. Actual design volume is 442240 cubic feet
and includes 180 days temporary storage. There is approximately 9
acres of Coastal Bermuda and native grasses available to receive
effluent. This acreage must be increased to approximately 21.
According to Sampson County Soil Survey adequate non -wetland
acreage is available for clearing on this tract.
The JM Farre located at Longitude 78 12 24 and Latitude 34 49 31.
twill accomodate more than 2100 Feeder to Finish hogs. The /inviting
factor on this farm is barn space. Actual design volume of lagoons is
,.49654 cubic feet which is greater than .780 days temporary storage.
Approximately 72 arses is now available to receive effluent an
I
It
additional 6 will be needed. According �o Sampson County Soil Survey
adequate non -wetland is available for clearing.
There are a fewminor erosion problems around barns and lagoons
which must be regraded and vegetated 1.Irrigation systems were riot
evaluated however irrigation equipment0 available at each of the four
sites and has adequately applied the effl�ent in past years.
i
In conclusion, it appears that when addi idnal spray field acreage is
cleared and established in crops all four arms can be certified with
very minor repairs to the lagoon systems.;
Sincerely,
C. Wilson Spencer
District Conservationist

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
January 15, 1997
TO:. Shannon Langley, Environmental Specialist
Facility Compliance Unit
FROM: Ed Buchan, Environmental Engineer
Fayetteville Regional Office
SUBJECT: Additional Information for McLamb Enforcement Package
This office recently received a letter (enclosed for your review)
from Mr. McLamb in regards to his actions during the month of
September, 1995. Mr. McLamb's response represents an explanation
for why waste was discharged from his swine facility as documented
in the NOV sent to him on October 8, 1996, from this office.
However, I feel that it is necessary to point out a few noted
discrepancies in some of the statements made by Mr. McLamb. To
begin, Mr. McLamb has indicated that a significant coastal bermuda
crop did exist on his spray fields during the inspections. 1 have
included photographs that clearly illustrate the condition of his
spray fields during the inspections and it seem evident that a
large portion of his cover crop consisted of weeds. It was also
documented during the later inspection that waste was being applied
to a field where the existing vegetation had been recently removed.
Second, Mr. McLamb states that he did not spray waste in the rain
and the only reason why he was spraying was to obtain more storage
for Hurricane Fran. It should be noted that both of Mr. McLamb's
lagoons did indeed have the minimum 19" of freeboard on the date of
the first inspection and it was raining that day as shown in the
included photographs. These facts can be further validated by Sue
Homewood as she was also present during the initial inspection.
It should also be pointed out that land applying waste during non-
favorable conditions is an emergency action that is only
recommended when the lagoon is in immediate danger of failing (i.e.
liquid lapping at the top of dam) and not when the lagoon has 19"
of freeboard and storage.
Please add this information to tl
properly considered during the
questions regarding this matter,
me.
►e enforcement package so it can be
review process. If you have any
please do not hesitate to contact
Wachovia Building, Suite 714, Fayetteville y� FAX [phone]
North Carolina 28301-5043 N P4 An Equal Opportunity Affirmative Action Employer
Voice 910486-1541 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 26, 1997
Mr. Jimmy McLamb
McLamb Corporation
P.O. Box 856
Warsaw, North Carolina 28398
AL "4' 0
F-= F1
RECEIVED
MAR 11 1997
F; YETTEVILI.
REG. CFFiC�:
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
15A NCAC 2H.0217
Sampson County
File No. DD 96-031
Dear Mr. McLamb:
This fetter transmits notice of a civil penalty assessed against the•McLamb Corporation in
the amount of $5,058.54 including $1,058.54 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form)_ Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
P"
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycle& 10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
1 A request for remission or mitigation is limited to consideration of the
/ reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the rernaining
necessary remedial actions.
Please submit this information to the attention of-
Mr.
f
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
K'
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7437
and
Mail or hand -deliver a Copy of the petition to:
Mr_ Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within tbiny days, as evidenced by a
to stamp (not a postmark) indicating when we received your response, will result in this
atter being referred to the Attorney General's Office with a request to initiate a civil action
collect the penalty. Please be advised that additional assessments may be levied for
ture violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACI NMNTS
cc: Fayetteville Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
ENVIRONMENTAL MANAGEMBgT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the day of '19—.
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
File No. DD 96-031
IN THE MATTER OF )
MCLAMB CORPORATION )
FINDINGS AND DECISION
FOR A VIOLATION OF PERMIT ) AND AS SES S MENT OF
15A NCAC 2H.0217 ) CIVIL PENAL'T'IES
I.
IT.
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., Director of the Division of Water Quality (DWQ), make the following:
FMINGS OF FACT:
A. The McLamb Corporation owns a concentrated anirnal operation in Sampson County,
North Carolina, known as the J.M. Farm.
B. The McLamb Corporation's J.M. Farm was deemed permitted on February 1, 1993,
in accordance with 15A NCAC 2H.0217 (c).
C. On September 3, 1996 DWQ staff observed a discharge of wastewater from a non-
functioning flush pit at the J.M. Farm to an unnamed tributary of Shade Branch,
which are class "C -SW' waters of the State within the Cape Fear Basin.
D. On September 26, 1996, DWQ staff observed a discharge of wastewater from the
spray fields of the J.M. Farm to an unnamed tributary of Shade Branch, which are
class "C-SW'waters waters of the State within the Gape Fear Basin.
E. The McLamb Corporation had no valid permit for the above described activity.
F. The costs to the State of the enforcement procedures in this matter totaled $1,058.54.
Based upon the above Findings of Fact, I make the following:
CONCLUSIOM OF W:
A. The McLamb Corporation is a "person" within the meaning of G.S.143-215.6A and
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with 15A
. NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Shade Branch constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6).

a The above-cited discharge is a violation of the nondischarge permit.
E. The McLamb Corporation may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-2I5.1.
F. The State's enforcement costs in this matter may be assessed against The McLamb
Corporation pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,1 make the following:
111. DECISION:
Accordingly, The McLamb Corporation is hereby assessed a civil penalty of:
$�2� V= - -
$_ Vim. a)
$-Z 05 19-5,51
$_S� S. S5�
for discharging waste to the waters of the State in violation of
15A NCAC 2H.0217 on September 3, 1996.
for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on September 26, 1996.
TOTAL CIVIL PENALTY, which is -?-(-3 percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(D ) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

t
4
Preparei: under the direction of Willia, � cd Dalton, III, Attorney In Charge. Office
the Gercral Counsel..U. S. Department o agriculture, Raleigh, North Carolina,
Farm FHA 465.12 UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS I10MGADMINISTRATION
0,1y QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting through the Administrator or the Farmers Home Adminiitralion. United
States Department of Agriculture. CONVEYS and QUITCLAIMS to
Ariel NcLamb and Dorcus NcLamb
for the sunt or —Three Hundred Fifty Thousand and No/100----------(350,000.00)
ail Interest In the following described real state situated In the County of Sampson '
State or Horth Carolina
(SSB ATTACHED DBSCRIPTION)
This deed is executed and delivered pursuant to the provisions of
Sales Contract dated July 13, 1983 and the
authority set forth In 7 CFR 1800.22.
FHA 46S-12 (7.16.73)
t

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QUITCLAIk DEED DESCRIPTION VM1003 PZE147
Ariel McLamb and wife, Dorcus MtLamb
County of Sampson, Taylors Bridge Township
FIRST TRACTs BEGINNING at a stake on the run of Persimmon Branch, J. Edward
Johnson's (formerly Alderman's) corner, and runs thence with the J. Edward
Johnson (formerly Alderman) line, S. 03* 15' W., 2,545 feet to a stake in the
center line of a 14 -foot right of way; thence an agreed line with James E.
Smith, S. 84* 51' E., 1,016.77 feet to a stump on a ditch bank; thence with
the ditch, N 02* 36' E., 132.47 feet to a stake and pointers; thence with the
Georgia-Pacific Company line, a chopped line, N. 71* 51' E., 982.14 feet to
a stake and pointers, Georgia-Pacific Company's corner in the Riegel Paper
Companyltne; thence With the Riegel Paper Company line, N. 26* 26' E. 264.44
feet to an existing Iron pipe, James.Ezzell's corner; thence with the James
Ezzell line as followss N., 28* 55' W., 182.49 feet to an existing iron stake;
N. 29* 56' W., 400.43 feet to an existing iron pipe; and N. 18* 33' W., 265.47
feet to an existing iron pipe in Persimmon Branch, a corner of the Riegel Paper
Company Property; thence down the run of Persimmon Branch as it meanders about
N 51* 33' W., 1,926 feet,'more or less, to the point of beginning, containing
76.27 acres, more or less, according to a plat.and survey made by Richard L.
Kerr, Registered Land Surveyor, on March l0, 1978; and being a part of the lands
described as Second Tract in that certain Deed from John F. Smith to Harris Lee
Smith and Ruby Smith Ehlers, dated July 10, 1970, and recorded in Book -828, Page
437, of the Sampson County Registry.
SECOND BEGINNING at a point in the center line of State Road No. 1946,
which point is located N. 04* 36' W., 147.18 feet from a point in the center
line of said road directly above a culvert under said road, and runs thence
from said beginning point with the center Line of said State Road No. 1946,
N. 04* 26' W., 226.98 feet, N. 02* 36' W., 100 feet, and N. 01* 25' E., 44.89
feet to a nail in the center Line of said road, a corner of the Spearman Landi
thence with the Spearman line, N. 76* 32' W., 4,280.35 feet to a stake on the
bank of Cuwhiffle Creeks thence down the run of Cuwhiffle Creek as it meanders,
about N. 27* 33' W., 2,005 feet; more or less, to a stake on the bank of Cuwhiffle
Creek; thence leaving the run of said creek, N. 62* 46' E., 545.20 feet to an
existing concrete monument, now or formerly Rogers' corner; thence S. 09* 20' E.,
643.7 feet to a stake; thence S. 44* 10' E., 419.75 feet to a stake; thence S. 70*
10' E., 6,660 feet to a stake, James E. Smith's corner of his 58 -acre tract; thence
with the James E. Smith line, S. 42* 55' E., 908 feet to a stake; thence again
with the James R. Smith line, S. 83* 25' E., 682 feet to a stake; thence S. l8*
55' E., 347 feet to a stake; thence N. 82* 35' E. 1151 feet, crossing the field, `
to a post oak at the edge of the field3 thence N. 09* 05' E., 97.7 feet to a stump
near a road; thence along the South side of the road, N. 84* 20' E., 848 feet to
a stake; thence S. 39* 40' E., 410 feet to a stake; thence S. 76* 10' E. 70.75
feet to a point in the center line of said State Road No. 1946= thence the same
course continued and leaving said road, S. 76* 10' E. 270.25 feet to a stake;
thence N. 82* 50' E., 100 feet to a stake; thence S. 19*50' W., 739 feet to a
stake, thence S. 30* 50' W., 458.46 feet to the point of beginning, containing
92.40 acres, more or less, according ton plat and survey made by Richard L. Kerr,
Registered Land Surveyor, on March 23, 1978; and.being a part of the lands described -
in that certain deed from john F. Smith to Harris Lee Smith & Ruby Smith Ehlers,
dated July 10, 1970 and recorded in Book 828, Page 437, of the Sampson County
Registry. .
NOTRs The following exception from Tract p2
Exception out of Willie E. Ammons "Smith" land Taylors Bridge Township, Sampson
County, NC.
The tLe line is the center of a cuLveft over the r6n,of the.Branch arid:in the
center of NC State Road #1946 and runs thence the center of the Road as follows
N. 04 deg 36 min W. 147.18 feet,.N. 04 deg 26 min W. 226.98 feet N. 02 deg 36 min
W. 100.00 feet and N nl deg 25 min g, 44.89 feet to a Railroad Spt!ie Lu z;.e cautax
o if the pavement a corner with the Spearman Tract and the BEGINNING corner and runs
hence with the Spearman Tract N. 76 deg 32r min W. 330 feet to an iron stake a/coiner;
/ awn04 N. 04 deg 22 min.E. 248.88 feet to an iron stake in the field; thence
another new line N 85 deg 40 min E. 330.43 feet crossing an iron stake to a PK
nail in the center of the pavement of SR 11946; thence the center of the pavement
as followas S 05 deg 14 min W 180.09 feett to a PK nail and S 03 deg 43 min W
L71.00 feet to the beginning containing 2.24 acres less .24 acre (in right of way
of Highway) leaving 2.00 acres more or less in cite clear and being a portion of
the. Willie E. Amnons "Smith" land.

C
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s
VOL100)) �AG[148
No member of Congress shall be admitted to any share or put of this deed or to any benefit that may arise therefrom.
Dated September 16 .1983
UNIT ' T' QP AMERICA
�
ARRY h. GODWIN, State Director
armcrs one Add ministration
f
W� �
I d al s 11 partnrcnl o culture _COUIVIY
In the presence of:NRIri CA>:OItNA
he Po poi � •^rlifir +,�± `
is {1j cc
e ,hent was preserved for r.;'.-'.rr..1 ti is &I Ono h `r and d� ;
recorded in the otv:ce of lLe r.: ,: ,.f of p.c,is
County. X C. in Book 0 ° On .
i day of -Ae-A . AD, 19 _181-A
Rovister of Dee t-+✓
A C K N O W L E D C,14� Ed1� mreritied:
a
r
STATE OF NORTH- CAROLINA ) I
s SS
COU1V'!Y OF PITT i
I, Sandra J. Lainhart, a Notary Public for the County and
State aforesaid, do certify that LARRY W. GODWIN, State
Director, Farmers Home Administration, United States
Department of Agriculture, personally appeared before me this
day and acknowledged the due execution of: the instrument
hereto annexed, that LARRY W. GODWIN is known to me to be the
State Director, Farmers Home Administration, United States
Deparkment of Agriculture, and that he acknowledged that he
executed the instrument hereto annexed on behalf of the United
States of America pursuant to authority duly conferred upon
him.
WIvZSS my hand and official seal this the 16th day of
September, 1983.
My commission expiress octdxw 6, 1986
FILED
MAILED
PICKED UP
0
a

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i
Prepare4 under the direction of willia% Djtc� Dalton, III, Attorney In Charge, Offic
see
the Gercral Counl,. U. S. Department o� �cgriculturc, ttaleigh, North Carolina
Form FHA 463-12 UNITED STATES DEPARTMENT OF AGRICULTURE •"' t (.+ y C�
FARMERS HOME AnMINISTRATION
)00
QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting through the Administrator of the Farman Home Administration, United
Stales Deputment or Agriculture, CONVEYS and QUITCLAIMS to
Ariel McLamb and Dorcus HeLamb
far the wm of ---Three hundred Fifty Thousand and No/ LOO----------( $350,000.00)
W interest in the following described real estate situated In the County of Sampson '
State of North Carolina , to -writ:
(SES ATTACHED DESCRIPTION)
This dead 1s executed and delivered pursuant to the provisions of
Sales Contract dated July 13, 1983 and the
authority at forth in 7 CFR 1800.22.
RHA 465.12 (7.1673)
0
•
s
�.
I

QilITCLAIii DEED DESCRIPTION
Ariel Mc Lamb and wife, Dorcus McLamb
County of Sampson, Taylors Bridge Township
VM1003 PZE147
FIRST TRACTS BEGINNING at a stake on the run of Persimmon Branch, J. Edward
Johnson's (formerly Alderman's) corner, and runs thence with the J. Edward
Johnson (formerly Alderman) line, S. 03* 15' W., 2,545 feet to a stake in the
center line of a 14 -foot right of way; thence an agreed line with James E.
Smith, S. 84* SL' E., 1,016.77 feet to a stump on a ditch bank; thence with
the ditch, N 02* 36' E., 132.47 feet to a stake and pointers; thence with the
Georgia-Pacific"Company line, a chopped line, N. 71* 51' E.. 982.14 feet to
a stake and pointers, Georgia-Pacific Company's corner in the Riegel Paper
Companyline; thence with the Riegel Paper Company line, N. 26* 26' E. 264.44
feet to an existing iron pipe, James.Ezzell's corner; thence with the James
Ezzoil line as follows: N.. 28* 55' W., 182.49 feet to an existing iron stake;
N. 29* 56' W., 400.43 feet to an existing iron pipe; and N. 18* 33' W., 265.47
feet to an existing iron pipe in Persimmon Branch, a corner of the Riegel Paper
Company Property; thence down the run of Persimmon Branch as it meanders about
N 51* 33' W., 1,926 feet, more or less, to the point of beginning, containing
76.27 acres, more or less, according to a plat.and survey made by Richard L.
Kerr, Registered Land Surveyor, on March 10, 1978; and being a part of the lands
described as Second Tract In that certain Deed from John F. Smith to Harris Lee
Smith and Ruby Smith Ehlers, dated July 10, 1970, and recorded in Book -828, Page
437, of the Sampson County Registry.
SECON JJt CT: BEGINNING at a point in the center line of State Road No. 1946,
Which point Ls Located N. 04* 36' W., 147.18 feet from a point in the center
Line of said road directly above a culvert under said road, and runs thence
from said beginning point with the center line of said State Road No. 1946,
N. 04* 26' W., 226.98 feet, N. 02* 36' W., LOO feet, and N. OL* 25' E., 44.89
feet to a nail in the center line of said road, a corner of the Spearman Land;
thence with the Spearman line, N. 76* 32' W., 4,280.35 feet to a stake on the
bank of Cuwhiffle Creek; thence down the run of Cuwhiffle Creek as it meanders,
about N. 27* 33' W., 2,005 feet; more or less, to a -stake on the bank of Cuwhiffle
Creek; thence leaving the run of said creek, N. 62* 46' E., 545.20 feet to an
existing concrete monument, now or formerly Rogers' corner; thence S. 09* 20' E.,
643.7 feet to a stake; thence S. 44* 10"E., 419.75 feet to a stake; thence S. 70*
l0' E., 6,660 feet to a stake, James E. Smith's corner of his 58 -acre tract; thence
with the .Lames E. Smith line, S. 42* 55' E., 908 feet to a stake; thence again
with the James E. Smith line, S* 83* 25' E., 682 feet to a stake; thence S. l8*
55' E., 347 feet to a stake; thence N. 82* 35' E. 1151 feet, crossing the field,
to a post oak at the edge of the field3 thence N. 09* 05' E., 97.7 feet to a stump
near a road; thence along the South side of the road, N. 84* 20' E., 848 feet to
a stake; thence S. 39* 40' E., 410 feet to a stake; thence S. 76* 10' E. 70.75
feet to a point in the center line of said State Road No. 1946; thence the same
course continued and leaving said road, S. 76* 10' E. 270.25 feet to a stake;
thence N. 82* 50' E., 100 feet to a stake; thence S. 19*50' W., 739 feet to a
stake, thence S. 30* 50' W., 458.46 feet to the point of beginning, containing
92.40 acres, more or less, according ton plat and survey made by Richard L. Kerr,
Registered Land Surveyor, on March 23, 1978; and being a part of the Lands described
in that cert$in deed from John F. Smith to Harris Uee. Smith 6 Ruby Smith Ehlers,
dated July 10, 1970 and recorded in Book 826, Page 437, of the Sampson County
Registry.
NOTE: The following exception from Tract #2
Exception out of Willie E. Ammons "Smith" Land Taylors Bridge Township, Sampson .
County, NC.
The tie line is the center of a culvert over the r6n,of the.Branch La6d,in the
center of NC State Road #1946 and runs thence the center of the Road as follows
N. 04 deg 36 min W. L47.18 feet,.N. 04 deg 26 min W. 226.98 feet N. 02 deg 36 min
W. 100.00 feet and N 01 deg 21 min R. 44.89 feet to s Railrond Spike Lu ;;:,4 %;a..tcr
othe pavement a corner with'the Spearman Tract and the BEGINNING corner and runs
ence with the Spearman Tract N. 76 deg 37 min W. 330 feet to an iron stake a/corner;
OU'Viiinc N. 04 deg 22 min.E. 248,88 feet to an iron stake in the field; thence
another now line N 85 deg 40 min E. 330.43 feet crossing an iron stake to a PK
nail in the center of the pavement of SR #19461 thence the center of the pavement
as follows: S 05 deg 14 min W L80.09 feeti to a PK nail and S 03 deg 43 min W
L71.00 fact to the beginning containing 2.24 acres less .24 acre ((n right of way
of Highway) leaving 2.00 acres more or less in the clpar and being a portion of
the. Willie E. Ammons "Smith" land.
.
.
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t
QilITCLAIii DEED DESCRIPTION
Ariel Mc Lamb and wife, Dorcus McLamb
County of Sampson, Taylors Bridge Township
VM1003 PZE147
FIRST TRACTS BEGINNING at a stake on the run of Persimmon Branch, J. Edward
Johnson's (formerly Alderman's) corner, and runs thence with the J. Edward
Johnson (formerly Alderman) line, S. 03* 15' W., 2,545 feet to a stake in the
center line of a 14 -foot right of way; thence an agreed line with James E.
Smith, S. 84* SL' E., 1,016.77 feet to a stump on a ditch bank; thence with
the ditch, N 02* 36' E., 132.47 feet to a stake and pointers; thence with the
Georgia-Pacific"Company line, a chopped line, N. 71* 51' E.. 982.14 feet to
a stake and pointers, Georgia-Pacific Company's corner in the Riegel Paper
Companyline; thence with the Riegel Paper Company line, N. 26* 26' E. 264.44
feet to an existing iron pipe, James.Ezzell's corner; thence with the James
Ezzoil line as follows: N.. 28* 55' W., 182.49 feet to an existing iron stake;
N. 29* 56' W., 400.43 feet to an existing iron pipe; and N. 18* 33' W., 265.47
feet to an existing iron pipe in Persimmon Branch, a corner of the Riegel Paper
Company Property; thence down the run of Persimmon Branch as it meanders about
N 51* 33' W., 1,926 feet, more or less, to the point of beginning, containing
76.27 acres, more or less, according to a plat.and survey made by Richard L.
Kerr, Registered Land Surveyor, on March 10, 1978; and being a part of the lands
described as Second Tract In that certain Deed from John F. Smith to Harris Lee
Smith and Ruby Smith Ehlers, dated July 10, 1970, and recorded in Book -828, Page
437, of the Sampson County Registry.
SECON JJt CT: BEGINNING at a point in the center line of State Road No. 1946,
Which point Ls Located N. 04* 36' W., 147.18 feet from a point in the center
Line of said road directly above a culvert under said road, and runs thence
from said beginning point with the center line of said State Road No. 1946,
N. 04* 26' W., 226.98 feet, N. 02* 36' W., LOO feet, and N. OL* 25' E., 44.89
feet to a nail in the center line of said road, a corner of the Spearman Land;
thence with the Spearman line, N. 76* 32' W., 4,280.35 feet to a stake on the
bank of Cuwhiffle Creek; thence down the run of Cuwhiffle Creek as it meanders,
about N. 27* 33' W., 2,005 feet; more or less, to a -stake on the bank of Cuwhiffle
Creek; thence leaving the run of said creek, N. 62* 46' E., 545.20 feet to an
existing concrete monument, now or formerly Rogers' corner; thence S. 09* 20' E.,
643.7 feet to a stake; thence S. 44* 10"E., 419.75 feet to a stake; thence S. 70*
l0' E., 6,660 feet to a stake, James E. Smith's corner of his 58 -acre tract; thence
with the .Lames E. Smith line, S. 42* 55' E., 908 feet to a stake; thence again
with the James E. Smith line, S* 83* 25' E., 682 feet to a stake; thence S. l8*
55' E., 347 feet to a stake; thence N. 82* 35' E. 1151 feet, crossing the field,
to a post oak at the edge of the field3 thence N. 09* 05' E., 97.7 feet to a stump
near a road; thence along the South side of the road, N. 84* 20' E., 848 feet to
a stake; thence S. 39* 40' E., 410 feet to a stake; thence S. 76* 10' E. 70.75
feet to a point in the center line of said State Road No. 1946; thence the same
course continued and leaving said road, S. 76* 10' E. 270.25 feet to a stake;
thence N. 82* 50' E., 100 feet to a stake; thence S. 19*50' W., 739 feet to a
stake, thence S. 30* 50' W., 458.46 feet to the point of beginning, containing
92.40 acres, more or less, according ton plat and survey made by Richard L. Kerr,
Registered Land Surveyor, on March 23, 1978; and being a part of the Lands described
in that cert$in deed from John F. Smith to Harris Uee. Smith 6 Ruby Smith Ehlers,
dated July 10, 1970 and recorded in Book 826, Page 437, of the Sampson County
Registry.
NOTE: The following exception from Tract #2
Exception out of Willie E. Ammons "Smith" Land Taylors Bridge Township, Sampson .
County, NC.
The tie line is the center of a culvert over the r6n,of the.Branch La6d,in the
center of NC State Road #1946 and runs thence the center of the Road as follows
N. 04 deg 36 min W. L47.18 feet,.N. 04 deg 26 min W. 226.98 feet N. 02 deg 36 min
W. 100.00 feet and N 01 deg 21 min R. 44.89 feet to s Railrond Spike Lu ;;:,4 %;a..tcr
othe pavement a corner with'the Spearman Tract and the BEGINNING corner and runs
ence with the Spearman Tract N. 76 deg 37 min W. 330 feet to an iron stake a/corner;
OU'Viiinc N. 04 deg 22 min.E. 248,88 feet to an iron stake in the field; thence
another now line N 85 deg 40 min E. 330.43 feet crossing an iron stake to a PK
nail in the center of the pavement of SR #19461 thence the center of the pavement
as follows: S 05 deg 14 min W L80.09 feeti to a PK nail and S 03 deg 43 min W
L71.00 fact to the beginning containing 2.24 acres less .24 acre ((n right of way
of Highway) leaving 2.00 acres more or less in the clpar and being a portion of
the. Willie E. Ammons "Smith" land.
.

%'d 0
VOL10,Y) AGE14.8
No member of congress %hall be admitted to any share or part of this deed of to any benefit that may arise therefrom.
Dated September 16 .1983
UNIT ' TES OR AMERICA
LARRY �. cODTIN, Sate Director
armers ome A ministration
t d a1,%%% Qartment o culture '
In the presence of: W6 a CAROLIN11 , _CbUNYY {
he to col
A
to bd u.,.:a. iris in.:.0
e went was presented for r.;'.:;:..;r tI is d.y and hLVr and d;
recorded in the o„;ce of D;e C:,.4;r of DMIL0.19-6—r1ji
County, K L in Boob �Y -0u ° Pa=
R.'Lisler of Deedfia
ACKNOWLCDG---
If
t
•w
STATE OF NORTH CAROLINA }
t SS
OMMY OF PITT )
I, Sandra J. Lainhart, a Notary public for the County and
State aforesaid, do certify that LARRY W. GODWIN, State
Director, Farmers Horne Administration, United States
Department of Agriculture, personally appeared before me this
day and acknowledged the due execution of the instrument
hereto annexed, that LARRY W. GODWIN is known to me to be the
State Director, Farmers,Home Administration, United States
Department of Agriculture, and that he acknowledged that he
executed the instrument hereto annexed on behalf of the United
States of America pursuant to authority duly conferred upon
him.
WIC my hard and official seal this the 16th day of
September, 1993. -
My conmissiont expires: October 6, 1986
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