400146_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua
II

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

1 A WYWA
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A��-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0435 0938
Charles R. Vandiford
Vandiford Swine 43
8642 Willow Green Road
Snow Hill, North Carolina 28580
Subject: NOTICE OF DEFICIENCY
Vandiford Swine 43 940-146
A W S400146
Greene County
NOD-2010-PC- 002 8
Dear Mr. Vandiford:
On January 11, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), Mr. Keith Vandiford reported a high freeboard level (18
inches) in the primary lagoon_
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000
On January 11, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Intemet www.ncwaterguaiity.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Cont. Page Two
January 13, 2010
Vandiford Swine #3
Required Corrective Action for Deficiency 1:
Submit a 30 Day Plan of Action (POA) to DWQ within 2 days of the high freeboard occurrence. Take
all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above violations on or before
February 11, 2010 and to provide a written response to this Notice within 30 days of receipt of
this letter indicating that freeboard is at a compliant level. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely,
�11
Dkt'cll
t%
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Greene County Soil and Water Conservation District
N�DSWC-WaRO
YaRO Compliance Animal Files
Murphy Brown
mds Files
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Certified Fee
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Return Receipt Fee
{Endorsement Required}
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Restricted Delivery Fee
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves. Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM-4 7009 2250 0000 9252 2654
Franklin Pat Harris
Harris Sandhill Sow Farm
3269 Hwy 91 N
Snow Hill, North Carolina 28580.
Subject: NOTICE OF DEFICIENCY
Sandhill Sow ##40-146
A WS400068
Greene County
NOD-2010-PC- 0149
Dear Mr. Harris:
On February 5, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), you reported a high freeboard level (18 inches) in the
primary lagoon.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoo.nlstorage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWGI00000
On February 5, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the
primary lagoon. A. level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www ncwaterauality.org
943 Washington Square Mall Phone: 252-94fi-6481
Washington, NC 27889 FAX [phone]
An Equal OpporlunitylAffirmative. Action Employer— 50% Recyctedl10%fl Post Consumer Paper
O
NorthCarolina
naturally

Cont. Page Two
February 15, 20I0
Sandhill Sow Farm
Required Corrective Action for Deficiency 1:
Submit a 30 Day Plan of Action (POA) to DWQ within 2 days of the high freeboard occurrence. Take
all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
perm it.
You are required to take any necessary action to correct the above violations on or before March
5, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter
indicating that freeboard is at a compliant level. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely,
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Greene County Soil and Water Conservation District
N'DSWC-WaRO
a O Compliance Animal Files
Murphy Brown
mds Files

x�
j'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarti
February 15, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#f 7009 2250 0000-9252 2654
Franklin Pat Harris
Harris Sandhill Sow Farm
3269 Hwy 91 N
Snow Hill, North Carolina 28580
Subject: NOTICE OF DEFICIENCY
Sandhill Sow 440446
AWS400068
Greene County
NOD-2010-PC- 0149
Dear Mr. Harris:
On February 5, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), you reported a high freeboard level (18 inches) in the
primary lagoon.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000
On February 5, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www ncwaterquality-org
943 Washington Square Mall Phone: [phone]
Washington, t+1C 27889 FAX [phone]
An Equal opportunity/Affirmative Action Employer— 50% RecyclecI10% Post Consumer Paper
NorthCarolina
Naturally

Cont. Page Two
February 15, 2010
Sandhill Sow Farm
Required Corrective Action for Deficiency 1:
Submit a 30 Day Plan of Action (POA) to DWQ within 2 days c f the high freeboard occurrence. Take
all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above violations on or before March
5, 2O10 and to provide a written response to this Notice within 30 days of receipt of this letter
indicating that freeboard is at a compliant level. Please include in your response all corrective
actions already, taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely.
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Greene County Sol] and Water Conservation District
NCDS WC-W aRO
WaRO Compliance Animal Files
7Mu by Brown
s Files

1, titer Resources
April 25, 2016
Vanrack Inc.
Vandiford Swine #3 Farm
8642 Willow Green Road
Snow Hill, North Carolina 28580
Subject: Notice of Deficiency - Freeboard Level
Vandiford Swine #3 Farm #40-146
AWS400146
Greene County
NOD-2016-PC-00101
Dear Mr. Vandiford:
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some
areas. Thank y-ou. for your recent call regarding the freeboard levels at your facilities On
February 7, 2016, during a telephone conversation with staff of the NC Division of Water
Resources (DWR), you reported a high freeboard level (19 inches) in the primary lagoon.
Please be advised that failure to maintain waste levels in your lagoon/storage ponds in
accordance with the facility's Certified Animal Waste Management Plan and with Condition V.
2. of NC Swine Waste System General Permit could result in other actions being taken by the
Division in response to compliance matters.
Deficiency 1: On February 7, 2016., a lagoon/storage pond level was documented at 18 inches of
freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your
permit and Certified Animal Waste Management Plan.
Thank you for submitting a 30-day Plan of Action on February 8, 2016. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
Please work to ensure that your facility is managed in a way to maintain compliance: with permit
and animal waste management plan requirements. Failure to comply with conditions in a permit
may result in a recommendation of enforcement action, to the Director of the Division of Water
State of North Carolina E Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

April 25, 2016
Vandiford Swine 43 Farm
Cont. Page Two
Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, you may wish to review your animal waste management system design, as well as the
waste plan itself, for any potentially beneficial modifications and/or improvements.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files

W A rFq
Michael F. Easley, Governor
�oF
p
William Jr., Secretary
G. Ross
fib 7
North Carolina Department of Environment and Natural Resources
7 �
Alan W, Klimek, P.E. Director
Division of Water Quality
August 28, 2006
MEMORANDUM
TO: Kathy Cooper
Special Deputy Attorney OGenerF€�OM-. Ted L. Bush, Chief
Aquifer Protection Sectio
SUBJECT: Request for Collection ies
Shelby Lollis
Ben Harper, III
Please initiate collection proceedings for the cases listed below. The violators have neither paid the
assessment in full nor filed a petition in the Office of Administrative Hearings within the required
timeframe. Copies of the relevant documents for each case are attached.
Violator
Shelby Lollis
Ben Harper, III
Case Number
DD-99-005
DV-2005-0025
Date Assessed
November 22, 1999
October 18, 2005
Date Received
November 29, 1999
February 18, 2006
Shelby Lollls requested a payment schedule for her $3,805.90 civil penalty and signed an agreement to
this effect on March 29, 2000. Ms. Lollis paid $1,585.80 through April 30, 2001, leaving a balance of
$2,220.10 to be paid. Changes in address delayed communication with Ms. Lollis until July 3, 2006,
when she finally received the final notice request for payment of her civil penalty. Ms. Lollis' reply was
that she does not have any assets with which to pay the remainder of her civil penalty.
Ben Harper has neither submitted any payment toward his $4,604.68 civil penalty, submitted a written
request for remission, nor filed a petition for an administrative hearing with the Office of Administrative
Hearings. Mr. Harper has not made any attempt to communicate with DWO staff in the Washington
Regional Office or the Central Office regarding his civil penalty.
Thank you very much for your assistance in this matter. Please contact Thomas Slusser at 715-6629 or
Thomas. Slusser(d)ncmaii.net if you have any questions or need additional information.
ATTACHMENTS
AUG 31 2006 -
cc: David May, Washington Regional Office
Art Barnhardt, Fayetteville Regional Office
Enforcement Files 'hkShINGTON REilONA, OrFICL
DD-99-005 C'udO
DV-2005-0025 No`LCarolina
'Vaturn!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
lntemeu h :1/h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

9/20/05
Subject: 9/20/05
From: tnarlene.salyer@ncmail_net
Date: Tue, 20 Sep 2005 07:40.13 -0400
To: Marlene. Salyer@ ncmail_net
ALL PHOTOS BY
MARLENE D. SALYER
NCDENR/DWQ/APS/CAFO
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7002 2410 0003 0274 3753
Mr. Ben Harper
133B Emily Dr.
Winterville, NC 28590
r
Michael F. Easley, Governor
�i11i�#n G. Ross 3r., secretary
North CallCallI a Natural Resources
Alan W. Klimek. P.E. Director
AUG — 7 Division of Water Quality
I `
WASHINGTON Fr,:,l�),VA� Ci E
October 18, 2005
-J wr4 U"/
CL1- .-Zi 0-Li-
)(- 1 Vcw (?-;+
PLi1-10 -2 �, Fr-111ce
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 40-146
Greene County
File No. DV 2005-0025
Permit No. NCA240146
Dear Mr. Harper:
This letter transmits notice of a civil penalty assessed against Ben Harper in the amount of
$4,604.68, which includes $604.68 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Keith Lariek
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OrLe N[t1, Carolina
Naturallif
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: [phone]
Internet: hup:!lh2o.enr.s1ate.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
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Ut fED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Aquifer Protection Section
1636 Mail Service Center
Raleigh, NC 27699-1636
F,w.u:1 -aoc _Goo? 5
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DIVISION OF WATER QUALITY
Chemistry Laboratory Report 1 Water Quality
Lab Number :
5W3331
W❑ SAMPr.PTYPF
DweReceived:
618/2005
COUNTY
GREENE
pHinp!TY
Time Received:
10:15 AM
RIVER BASIN :
❑ AMBIEMI' QA
X❑ STREAM
EFFLUENT
Received By
DS
REPORTTO :
WARD Reginnal Office
❑ COMPLIANCEX❑ C1IAINOFCUSTODY
❑ LAKE
❑ INFLUENT
� a $ j
Olher :
K EMERGENCY VISITID
El ESTUARY
Data cicxscdAS
COLLECTOR(R) :
M SALYER
�C
Dam Repnned :
612712005
Wmated ROD Range:
Station 1-oralion: HARPER FARM C-3 40.146
S y:d:
Chlorinnted:
Remarks:
Slatinu p
Date Begin (yylmwd4i
Date End (yy/mm/dd1
I
Time Begin
Time Eud I
Depth - DM, Dil, [IBM
Value Type - A. 11, L
Composite-T, S,
I Samlde i'ype
C]
20050607
f1410
BOD 310 m
COD Ili h 340 m
COD Low 335 m
Cohfotm: MF Focal 31616 1100m1
Cnlifarm: MFTnm1 31504 /I(X)ml
Colifrnm: tube Pecni 31615 1100ml
Colifurmr Fecal Strtp 31673 1100ml
Residue: Total 500 m
Volatle 505 m
Fixed 510 mSIL
Residue: Suspended 530 m L
Volatile 535 mgIL
Fixed 540 m
Il401 unit
Acidi ly la Pit 4.5 436 m 1-
Acidily to Ell 8.3 435 m L
Alktiinity to fil1 8.3 415 mVrL
Alkalinity lu 1[4.5 410 mVL
TOC 680 m
Turbidit 76 NTU
Cult{ono T7.6, Tutu "1]00 mla
ICOMMENTS;
Chloride 940 m
Cht a: Tri 32217 u
Chl a: Carr 32209 USIL
Phcophyfin a 32213 u
Color: True 80 C.U.
Color: ((1) 83 pH= C.U.
Color: pH 7.6 82 e.u.
Cyanide 720 mgtL
Fluaride 951 m
Formaldch do 71880 m
Grcasc and Oils 556 mgfL
Hardness Tmal900 m
Specific Cond. 95 umhoslcm2
MBAS 39260 m
Phenols 32730 u L
Sulfate 945 m L.
Sulfide 745 MO.
Boma
Tannin & Cr nin u
Hexavatent Chromium u I.
Btcarbonaic m
Carbonate mejI.
NH3 as N 610 "IFA,
TKN an N 625 mrjL
NO2 plus NO3 as N 630 3.2 nr /L
%
P: Total as P 665 0.17 mgll-
PO4 As 1170507 M&IL
P: Dissolved as P 666 m /L
K-Potassium m L
Cd-Cadmium 1027 a
Cr-Chmmium:Toial 1034 u
Cu- Copper 1042 u
Ni-Nickel 1067 u L
PM Lead 1051 u81L
Lt- Zinc 1092 u
V•Vanedium u
All. Sitvar 1077 u L
Al- Alimunum 1105 u L
He. Beryllium 1012 ugfL
Ca- Calcium 916 m
Co- Cobalt 1037 ugfL
Fc- Iran 1045 u 11.,
Li -Lithium 1132 uglL
Mg- Maiancsium 927 mgJL
Mn-Men imesc 1055 ug/l-
Na- Sodium 929 mg/L
Arsenic Tum1 1002 ng/L
Se- Sdcuium I r47 ug/L
Hg-Mercu 7t900 udL
Ba_Banam ug1L
Or anochlormc Pesticides
Organophosphorus Pesricides
Acid Herbicides
BasdNculml&Acid Exlmclablc Organics
TPH Diesel Rnn e
Purgeable Or units (VOA hotilc 'd)
TPH Gasoline Ran
TPHMTEX Gasoline Range
Phyto lankton

DIVISION OF WATER QUALITY WATER
QU
COUNTY PRIORITY
RIVER BASIN
AMBIENT
REPORT TO: ARO FRO MRO RR aR0 iRO WSRO TS
ATHM
COMPLIANCE
Other
Shipped hyt Bu Coarisr m%1Other
EMERGENCY
COLLECTORS
Patlmaied HOD Range: Od15-25125-65/40-130 or 104 plus STATION LOCATI
Seed: Yee❑No❑ Chlorinated; Yea❑No❑
_ RHMARKS;
I
HODS 310 ing/L
2
COD High 340 mg/L
3
COD Low 335 mg/L
4
Coliform: MF fecal 31616 /100ml
5
CoWornr. MFTotal 31504 li00ml
6
Col Vorm Tube Fecal31615 1100m]
7
Coliform; Fecal Strap 31673 /loom[
8
Residue: Total 500 mg/L
9
Volatile 505 mg1L
10
Fixed 510 rnWL
I 1
Residue: Suspended 530 mg/L
12
Volatile 533 mg1L
13
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 ntg1L
17
Alkalinity to pH 8.3 415 mglL
18
Alkalinity to pH4.5410 mg1L
19
TOC 680 mg1L
20
Turbidity 76 NTU
A - M I) For Lab Use ONLY
SAMPLE TYPE Lab Number:
STREAM ❑ EFFLUENT Date Received: Time:
Rec'd b : From: Bus oun -Eland Dei.
LAKE ❑ INFLUENT DATA ENTRY BY: C
DATE REPORTED:
ESTUARY
Dale End
Chloride 940
mg/L
Chia 70953
µg/L
Color: True 80
Pt -Co
Color.(pH ) 83
ADMI
ColorpH 7.6 82
ADM[
Cyanide 720
mg/L
Fluoride 931
mg/L
Formaldehyde 71880
mglL
Grease and 011s 556
mg1L
Hardness Total 900
mg/L
Specific Cord, 95
MHAS 38260
mg/L
Phartols 32730
Itg1L
Suifhte 945
mg1L
Sulfide 745
mg1L
I
e End Depth DM D )BM Value Type Composite Sample Type
A H L T S R C (U) GNXX
Nli3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mglL
P: Total os P 665 mg/L
PO4 as P 665 mg/L
Dissolved as P 666 mg/L
ma 4-I
Cd-Cadmium 1027 pg/L
Ci-Chromium;Total 1034 µ g/L
Cu-Copper1042 µg/L
NI -Nickel 1061 pg/L
Pb-Lead 1051 PAIL
Zn-Z.Inc 1092 la Kit,
Ag-Silver 1077 pg1L
AI -Aluminum 1105 ligli.
Be -Beryllium 1012 pg1L
Ca -Calcium 916 mg1L
Ca -Cobs II 1037 p g/L
Fe-Imn 1045 µg/L
LI-Lilhium 1132 µg/L
hrg-Magnesium 927 mg/L
Mn-Manganese 1055 pg1L
Ns -Sodium 929 mg/L
Arsenic:Total 1002 It g/L
Se -Selenium 1147 pg1L
Hg-Mercury 71900 p g1L
Organochlodrie Pesticides
Orgonophoaphoms PesticIder
Acid Herbicides
RaSONeulrul Extmctable Organics
Acid Extractable Organics
Purgeable Organics (VOA beille mq'd)
Phyloplanklon
Gab Uae Only
Tem eraturr on arrival:
Sampling Point "%
Conductance at 25'C
Water Tem iure'C
D.O. mk
11
Alkalinity
Acidity
Ali Te emture'C
H8.3 pit4.5
pH4.5 pH8.3
2
4
0
300
400
B2244 431
82243 82242
20
Salinity %.
Precipitation (inldoy)
Cloud Co
er %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severily
Wind Velocity
Mean Stream Depth S.
Streurrl Widtb 11.
18045
32
36
051
11350
35
1 64
4

Report to: _WARO—
Lab Number: _
Station Location:
ample Type:
5W3331
Harper Farm C-3
40-146
Stream
.date collected: 6/07/2005
Affected Parameter(s):
NC DENR/DWQ Laboratory
Sample Anomaly Report (SAR)
County: Greene
Sample ID: C-3
Region: Neuse
Priority: COC-EmergencyCollector:
Date received: 6/08/2005 Date analyzed:
Dissolved phosphorus
Analytical Area (check one):
❑ WCH ❑METALS
®NUT ❑MICRO
The following anomalies occurred (check all that apply):
®Samples
❑Improper container used
❑VOA vials with headspace
❑Sulfide samples with headspace
®Samples not received, but listed on fieldsheet
❑Samples received, but not listed on fieldsheet
❑Mislabeled as to tests, preservatives, etc.
[]Holding time expired
❑Prior to receipt in lab
[]After receipt in lab
[]Insufficient quantity for analysis
❑Sample exhibits gross non -homogeneity
❑Sample not chemically preserved properly
[:]pH out of range (record pH):
❑Improper chemical
❑Residual chlorine present in sample
❑Color interference
[]Heavy emulsion formed during extraction
❑Sample bottle broken in lab - no reportable results
M. Salver
❑VOA ❑SVOA
❑PEST
❑Quality Control
❑Instrument failure — no reportable results
❑Analyst error — no reportable results
❑Surrogates
❑None added
❑Recovery outside acceptance limits
❑Spike recovery
❑None added
❑Recovery outside acceptance limits
❑Failed to meet criteria for precision
❑Internal standards
❑Blank contamination
❑QC data reported outside of controls (e.g., QCS, LCS)
❑Incorrect procedure used
❑SOP intentionally modified with QA and Branch Head
approval
❑Invalid instrument calibration
❑Elevated detection limits due to:
❑Insufficient sample volume
®Other (specify):The fieldsheet for this sample indicated that dissolved phosphorus was requested; however, a sample for
dissolved P was not received by the lab's receiving room.
Comments: For dissolved phosphorus to be analyzed, a separate aliquot of sample must be collected. The sample for dissolved P must
be filtered at the time of collection, prior to the addition of the sulfuric acid preservative. The sample that was received (acid preserved
but not filtered) will be analyzed as requested for NO3+NO2 and TP.
Corrective Action:
❑Samples were rejected by DWQ Lab. Authorized by: Date:
[]Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured.
❑Sample(s) on hold until:
❑Sample reported with qualification. Data qualification code used:
®Other (explain): No sample provided; therefore, no result for dissolved P
Notification Required? ❑ Yes ❑ No
Person Contacted: Date:
Form completed by: ax Ove t \ r1l/ C�lr��� Date: 6/8/2005
Lead Chemist �Review (initial): BIOCHEN❑PEST ❑SVGA
METALS ❑VOA
Branch Head Review (initialp
')A/QC Review (ini a
Logged into database by (initial):
QAl Fo rms 5L a bo razo ry1S A R
1012310ldbs

> \N A T`C9�
Michael F. Easley, Governor
3T G
William G. Ross ]r., Secretary
{/) 7
North Carolina Department of Environment and Natural Resources
� y
QAlan
W. Klimek, P.E. Director
Division of Water Quality
October 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7002 2410 0003 0272 8880
Mr. Ben Harper
133B Emily Dr.
Winterville, NC 28590
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 40-146
Greene County
File No. DV 2005-0025
Pen -nit No. NCA240146
Dear Mr. Harper:
This letter transmits notice of a civil penalty assessed against Ben Harper in the amount of
$4,604,68, which includes $604.68 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action., including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
i
OCT 2 0 2005
YvASNIPJtiTG�� Isc�a,� 1E�aro'��Sa
� 1Y � A7n}rirrl/fi
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet_ httn:l/h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opporttmity/Affimnative Action Employer — 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

Ben Harper, III
Page 2
October 18, 2005
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-2 82. 1 (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.

Ben Harper, III
Page 3
October 18, 2005
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Sincerely,
eodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: David May, Washington Regional Office w/ attachments
Marlene Salyer, Washington Regional Office w/ attachments
File DV 2005-0025 w/ attachments
Aquifer Protection Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF Greene
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Ben Harper
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 2005-0025
Having been assessed civil penalties totaling $4,604.68 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated October 18, 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 2005-0025 County: Greene
Assessed Party: Ben Harper
Permit No. (if applicable): NCA240146 Amount Assessed: $4,604.68
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of to an Administrative Hearing, and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental, damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF
BEN HARPER
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV-2005-0025
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Section Chief of the Aquifer Protection Section of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. On June 5, 2005, Ben Harper owned and operated Harper Swine Farm, a swine
animal feeding operation in Greene County.
B. Mr. Ben Harper was issued Certificate of Coverage NCA240146 under General
Permit NCA200000 for Harper Swine Farm on April 9, 2003, effective April 9,
2003, with an expiration date of July 1, 2007. This permit does not allow the
discharge of waste to waters of the State.
C. On June 5, 2005, Premium Standard staff observed a discharge of wastewater
from a hog house by way of runoff into an unnamed tributary to Sandy Run,
which is classified as Class C-Swamp NSW waters of the State within the Neuse
River Basin.
D. Mr. Ben Harper does not have a valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $604.68.
Based upon the above Findings of Facts, I make the following:

II. CONCLUSIONS OF LAW
A. Ben Harper is a "person" within the meaning of G. S. 143-215.6A pursuant to G.
S. 143-212(4).
B. Unnamed tributary to Sandy Run constitutes waters of the State within the
meaning of G. S. 143-215.1 pursuant to G. S. 143-212(6).
C. The above -cited discharge constitutes making an outlet to waters of the State for
purposes of G. S. 143-215.l(a)(1), for which a permit is required by G. S. 143-
215.1.
D. Mr. Ben Harper 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 that twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G. S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Mr_ Ben
Harper pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8).
F. The Section Chief of the Aquifer Protection Section, Division of Water Quality,
pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Ben Harper is hereby assessed a civil penalty of:
$ yO 0 O, Q cD for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ `7 0 a . TOTAL CIVIL PENALTY
$ 604.68 Enforcement Costs
$ LI6 Dqr 6 g TOTAL AMOUNT DUE

S
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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
-
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection, Section
Division of Water Quality

p6
Sheriff Mac Manning
Pitt County Sheriff's Office
100 West 3rd Street
Greenville, NC 27834
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 9, 2005
Subject: NOTICE OF SERVICE
Ben Harper
Dear Sheriff Manning:
Please serve the attached Assessment of Civil Penalties as follows:
Ben Harper
133B Emily Dr.
Winterville, NC 28590
It is our understanding that because we are a State agency, no fee is required for this service.
Please return the completed Return of Service form in the enclosed return envelope.
The Division of Water Quality appreciates this assistance from your department. Ifyou have
any questions or need additional information, please contact me at [phone].
Sincerely,
Xaulman
Animal Feeding Operations Unit
cc: File DV-2005-0025
Central Files
Marlene Salyer, Washington Regional Office
N�onG
,r� Carolina
,/ aturall-W
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http)/h2o.enrstate.nc_us 2729 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax (919) 715-W9
An Equal OpportunRylAfFirmative Action Employer— 500% Regcled110% Post Consumer Paper

r
E Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 400146 Facility Status: Active Permit: NCA240146 ❑ Denied Access
Inspection Type: Comollance Inspection
Inactive or Closed Date:
Reason for Visit: Follow-uo County:
Gregne Region: Washington
Date of Visit: 06/27/2005 Entry Time: 07:30 AM Exit Time:
Incident #:
Farm Name: Vandiford Swine #3
Owner Email:
Owner: Vanrack Inc
Phone: [phone]
Mailing Address: 8642 Willow Green Rd
Snow Hill NC 28580
Physical Address:
Facility Status: ❑ Compliant 0 Not Compliant Integrator:
Location of Farm: Latitude:
35°30'50" Longitude: 773616"
Take 258 N from Snow Hill about 4 miles. Turn right on 123. Go about 112 mile. Turn left on SR 1335 about 112 mi. on the left.
Question Areas:
Q Discharges & Stream Impacts Q Waste Collection & Treatment
Waste Application
Records and Documents ® Other Issues
Certified Operator: Benjamin T Harper
Operator Certification Number: 16528
Secondary OIC(s):
On -Site Representative(s): Name
Title Phone
On -site representative Ben Harper
Phone: [phone]
24 hour contact name Ben Harper, III
Phone: [phone]
Primary Inspector: Marlene Salyer
Phone:
Inspector Signature:
Date:
Secondary Inspector(s):
Phone:
Phone:
Inspection Summary:
Soil report 2-25-05
The freeboard levels & rainfall levels are recorded.
Waste analysis: 1-21-05 = 1.2; 7-20-04 = 1.8; 6-6-04 = 1.2
(#21) The irrigation events for 2005 have not been recorded - Ben is waiting on the report from the contract folks "Coastal Carolina Agri
Systems". He will fax a copy to WaRO when this has been recorded and balanced out. (NOTE: no records have been faxed as of
7-25-05 )
(#31) Ben didn't call in the runoff/spill because Micahel Griffin from PSF stated he would call this leak in to WaRO. IT was found
around 4 pm on Sunday and Jeremy Hill, PSF called it in to WaRO late Monday afternoon.
Page: 1

Permit: NCA240146 Owner - Facility: Vanrack Inc
Facility Number: 400146
Inspection Date: 06127/2005 Inspection Type: Compliance Inspection Reason for Visit: Follow-up
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
Lagoon 6H1 I I 1 1 22.00
Page: 2

IT
Permit: NCA240146 Owner -Facility: Vanrack Inc Facility Number. 400146
Inspection Rate: 06127/2005 inspection Type: Compliance Inspection Reason for Visit: Follow-up
Disrharops & Stream Imparts
1. Is any discharge observed from any part of the operation?
Yes No NA
❑ moo
NE
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑ ■ ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑ ■ ❑
❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑ ■ ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
■ ❑ ❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a discharge?
❑ ❑ ❑
Yes No NA
■
NF
Waste Crillertion. Sfnragp R Treatment
4. Is storage capacity less than adequate?
❑ ■ ❑
❑
If yes, is waste level into structural freeboard?
❑
5, Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe erosion,
❑ ■ ❑
❑
seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a waste management or
❑ ■ ❑
❑
closure plan?
7. Do any of the structures need maintenance or improvement?
❑ ■ ❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry stacks
❑ ■ ❑ ❑
and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
❑ ■ ❑ ❑
improvement?
Yes No NA NE
Waste ApQ10catmon
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement?
❑ ■ ❑ ❑
11. Is there evidence of incorrect application?
❑ N ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total P205?
❑
Failure to incorporate manurelsludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Corn (Grain)
Crop Type 2
Coastal Bermuda Grass
(Hay)
Crop Type 3
Small Grain (Wheat,
Barley, Oats)
Crop Type 4
Page: 3

Permit: NCA240146 Owner -Facility: Vanrack Inc Facility Number: 400146
Inspection Date: 06/27/2005 Inspection Type: Compliance Inspection Reason for Visit: Follow-up
U@ste noplication Yes No NA NE
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)?
❑
■ ❑
❑
15, Does the receiving crop and/or land application site need improvement?
❑
■ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
❑
■ ❑
❑
17. Does the facility lack adequate acreage for land application?
❑
■ ❑
❑
18. Is there a lack of properly operating waste application equipment?
Records Documents
❑
Yes
■ ❑
Nn NA
❑
NF
and
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
■ ❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
■ ❑
❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Other?
❑
21. Does record keeping need improvement?
■
0110
If yes, check the appropriate box below.
Waste Application?
■
120 Minute inspections?
❑
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
❑
Rainfall?
❑
Inspections after > 1 inch rainfall & monthly?
❑
Waste Analysis?
❑
Annual soil analysis?
❑
Crop yields?
❑
Stocking?
❑
Annual Certification Form (NPDES only)?
❑
22. Did the facility fail to install and maintain a fain gauge?
❑
■ ❑
❑
23_ If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
■ ❑
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
moo
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
moo
26. Did the facility fail to have an actively certified Operator in charge?
❑
■ ❑
❑
Page: 4

I I
Permit: NCA240146 Owner - Facility: Vanrack Inc
Inspection Data: 0612712005 Inspection Type: Compliance Inspection
ords and Documents
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
Facility Number: 400146
Reason for Visit: Follow-up
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those mortality
rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? It yes, contact a regional Air Quality
representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
33. Does facility require a follow-up visit by same agency?
❑ ■ 1313
❑ ■ ❑ ❑
❑ ■ ❑ O
❑ 0013
Page: 5

■ Complete items 1, 2, and, 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
NLR. BEN 11ARPLIt ill
133B EMILY DR.
WINI'ERVILLE NC 28590
A. Signature
x Agent
Addressee_
B. Received by (Printed Name) C. Date of Delivery,
D. Is delivery address different f em 1? 0 Yes
v,
If YES, enter delivery addelow: ❑ No
3. Service Type
P Certified Mai1 ❑ Express Mall
tTAecljistered ❑ Return Receipt for Merchandise
'El Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
I 2. Article Number
7pp3 3110 0002 0582 3872
(Transfer fromrom service label)

UNITED STATES POSTAL SERVICE First -Class Mall
Postage & Fees Paid
LISPS
Permit No. G-f 0
n�llease
pri
d
NVI
c= r
ca 19
r
ac p
�
r
your name, address, and ZIP+4 in this box •
North Carolina Department of Environment and
Natural Resources//Aquifer Protection
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
COW? 1tIIIIIIIIIIIII111111111111111111;111111111111111111111111111

Michael R Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
August 9, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7003 3110 0002 0582 3872
Mr. Ben Harper II I
133B Emily Dr.
Winterville, NC 28590
RE: Notice of Violation
Animal Operation Compliance
Harper Swine Farm
Facility No. 40-146
Greene County
Dear Mr. Harper:
Alan W. IQimek, P.E. Director
Division of Water Quality
This letter is to notify you that facility # 40-146 is in violation of its CAWMP and North Carolina
Administrative Code Subchapter 15A.0217 for a discharge to the waters of the state on Sunday, June 5, 2005.
This facility is covered under the National Pollutant Discharge Elimination (NPDES) permit which is issued
pursuant to North Carolina General Statutes 143-215 et seq. and Section 402 of the Clean Water Act.
Marlene Salyer from the Washington Regional Office of the Division of Soil and Water conducted a compliance
inspection on May 17, 2005 after your operation was referred to the Aquifer Protection Section because
representatives from Premium Standard Farms observed a runoff of wastewater on Sunday, June 5, 2005. In
general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan
(CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217,
the NPDES permit, and the Certified Animal Waste Management Plan; (3) the farm operation's waste
management system is being operated properly under the direction of a Certified Operator; (4) the required
records are being kept; (5) there are no signs of seepage, erosion, and/or runoff.
Marlene Salyer met with a representative of Premium Standard Farms on facility number 40-146 at 10:00 AM
on June 7, 2005, where water samples were collected to evaluate impacts from a reported discharge. The
samples were sent to the Aquifer Protection Section's laboratories for analysis. The following violations were
noted during the inspection.
In accordance with condition I, item 1 of your NPDES permit, any discharge of waste which reaches
surface waters or wetlands is prohibited except as otherwise provided in this permit and associated
statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift,
manmade conveyance, direct application, direct discharge or through ditches not otherwise classified
as state waters.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mali Phone: [phone]
Washington, NC 27899 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recyded/l0% Post Consumer Paper
NonrthCarohna
Xw(rallff

Cont. Page Two
August 9, 2005
Harper Swine Farm
#40.146
• In accordance with condition 111, item 11, Regional Notification: The Permittee shall report by telephone
to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land application
system resulting in a discharge to surface waters or wetlands.
e. Failure to maintain storage capacity in a lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
The Permittee shall provide to this office within ten (10) working days from receipt of this violation notice a
written explanation and a plan that will ensure that the problem does not recur. Your explanation will be reviewed
and be advised that if this violation continues, the Division will send recommendation for enforcement action to the
Director of the Division of Water Quality.
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as possible. For additional
assistance, please contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection. If you have any questions
concerning this matter, please contact me at 252-948-3939, or Marlene Salyer, 252-948-3846.
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: Greene County Soil and Water Conservation District
NCDSWC-WaRO
Non -Compliance Group
Aquifer Protection Animal Central Files U.S. Postal Service,,,
WaRO Compliance Animal Files ru IFIED i
IL,, RECEIPT
MDS Files r—
.0 (Domestic Mail Only, No insurance Coverage
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Certified Fee
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Restricted Delivery Fee
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Total Poy---- - ---- Q
o
To
MR. BEN HARPER III
-----
r`
o oreoF 133B EMILY DR.
ciy, sien WLNTERVILLE NC 28590

.-
Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 400146 Facility Status: Active Permit: NCSL40146 ❑ Denied Access
Inspection Type: Compliance Inspection _ _ Inactive or Closed Date.
Reason for Visit: Follow-up County: Greene Region: Wasninoton
Date of Visit: 06127/2005 _ Entry Time: OT30 AM Exit Time: incident #:
Farm Name: Vandiford Swine #3 Owner Email::
Owner: Vanrack Inc
Mailing Address: B642 Willow Green Rd_ Snow Hill NC 28580
Physical Address:
Facility Status: ❑ Compliant N Not Compliant Integrator:
Location of Farm:
Phone: [phone]
Latitude: 35"30'50" - Longitude:—7°36'16"
lake 258 N from Snow hill about 4 miles_ Turn right on 123. Go about 112 mile. Turn left on SR 1335 aoout 1 mi. on the left.
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
® Records and Documents Other Issues
Certified Operator: Benjamin T Harper Operator Certification Number. 1652E
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
On -site representative Ben Harper Phone: 000-:7 14-6933
24 hour contact name Ben Harper, III Phone: [phone]
Primary Inspector: Marlene Salyer Phone:
inspector Signature:
Secondary Inspector(s):
Date:
Phone:
Phone:
Inspection Summary:
Soil report 2-25-05
The freeboard levels & rainfall levels are recorded_
Waste analysis: 1-21-05 = 1.2; 7-20-04 = 1.8; 6-6-04 = 1.2
(#21) The irrigation events for 2005 have not been recorded - Ben is waiting on the report from the contras: fo'ks "Coastal Carolina Agri
Systems"_ He will fax a copy to WaRO when this has been recorded and balanced out. (NOTE::: no records r. ve been faxed as of
7-25-05)
(#31) Ben didn't call in the runoff/spill because Micahel Griffin from PSF stated he would call this leak in to WaRO. iT was found
around 4 prn on Sunday and Jeremy Hill, PSF called it in to 11t'aRO late Monday afternoon.
Page: 1

Permit: NCA240146 Owner -Facility: Vanrack Inc Facility Number: 400 ;46
Inspection Date: 0612712005 Inspection Type: Compliance Inspection Reason for Visit: FoL�w-u�
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
Lagoon BF 11 03120!95 1 G.00
7-aae: 2

Permit: NCA240146 Owner -Facility: Vanrack Inc
Facility Number: 40C1_5
inspection Date: 06/27/2005 Inspection Type: Compliance Inspection Reason for Visit: FolloN—up
f]isrhargec R Stream Impacts vas Nn NA r\=
1 Is any discharge observed from any part of the operation? OKOO
Discharge originated at:
Structure ❑
Application Field ❑
Other ❑
a. Was conveyance man-made? ❑ 0 ❑ ❑
b. Did discharge reach Waters of the State? (if yes, notify DWO) ❑ ❑ ❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWO)
❑ ■
❑
❑
2. Is there evidence of a past discharge from any part of the operation?
M ❑
❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a discharge?
❑ ❑
❑
M
Waste Collection_ Storage & Treatment
yeg Nr
NA
NF
4. is storage capacity less than adequate?
❑ n
❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le.I large trees, severe erosion.
❑ M
❑
❑
seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a waste management or
❑ 0
❑
❑
closure plan?
7. Do any of the structures need maintenance or improvement?
❑ 0
❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry stacks
❑ ■
❑
❑
and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
❑ .
©
❑
improvement?
Waste Application
`--
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement?
❑ o
❑
❑
11. Is there evidence of incorrect application?
❑ 0
❑
❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu. Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total P2O5?
❑
Failure to incorporate manurelsludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Com (Grain)
Crop Type 2
Coastal Bermuda Grass
(Hay)
Crop T ype 3
Small Grain Mhea!_
Sadey.
Oa*s
Crop Type 4
Page: 3

Permit: NCA240146 Owner - Facility; Van rack Inc
Facility Number: 400146
Inspection Date: 06127/2005 Inspection Type: Compliance Inspection Reason for Visit: Foliow-up
Waste Annlirntinn v— No NL, N=
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 5
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan.'CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
16. Did the facility fail to secure andlor operate per the irrigation design or wettable acre determination?
17. Does the facility lack adequate acreage for land application ?
18. Is there a lack of properly operating waste application equipment?
R�rnrrla and nnrt,mentc
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available?
If yes, check the appropriate box below.
WUP?
Checklists?
Design?
Maps?
Other?
21. Does record keeping need improvement?
If yes, check the appropriate box below.
Waste Application?
120 Minute inspections?
Weather code?
Weekly Freeboard?
Transfers?
Rainfall?
Inspections after > 1 inch rainfall & monthly?
Waste Analysis?
Annual soil analysis?
Crop yields?
Stocking?
Annual Certification Form (NPDES only)?
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES onty)?
24. Did the facility fail to calibrate waste application equipment as required by the perms?
25. Did the facility fail to conduct a sludge survey as required by the permit?
26. Did the facility fail to have an actively certified operator in charge?
❑■❑❑
❑ ■ ❑ ❑
❑ ❑ ❑
❑ N ❑ ❑
❑ X ❑ ❑
N'-1 Nh h Lj-
❑ ■ ❑ ❑
❑ E ❑ ❑
El
❑
❑ ■ ❑ ❑
❑ ■ O Cl
❑ E ❑ ❑
❑ ■ ❑ ❑
Cl moo
Pao=: 4

V
Permit: NCA240146 Owner - Facility: Vanrack Inc
Facility Number, 400146
Inspection Date: 06/27/2005 Inspection Type: Compliance lnspeclior Reason for Visit follow-up
Rernrds and Dor-urnPnts vas Nn _NA N=
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ■ ❑ ❑
Other Issues
28_ Were any additional problems noted which cause non-compliance of the Permit or CAVS"AAP? ❑ Cl ❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those monaiiry ❑ ❑ ❑
rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air Quality
representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permff?
32. Did Reviewerllnspector fail to discuss reviewfinspection with on -site representative?
33. Does facility require a follow-up visit by same agency?
❑■❑❑
❑ M ❑ ❑
❑■❑❑
❑ ■ ❑ ❑
Page: 5

Michael F. Easley, Governor � 0 - 1 qS
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 9, 2005
Sheriff Mac Manning
Pitt County Sheriffs Office
100 West 3rd Street
Greenville, NC 27834
Subject: NOTICE OF SERVICE
Ben Harper
Dear Sheriff Manning:
Alan W. Klimek, P.E. Director
Division of Water Quality
i NOV 10 2005
WASHINGTON REui�3NAL OFRCE
DWC
PIease serve the attached Assessment of Civil Penalties as follows:
Ben Harper
133B Emily Dr.
Winterville, NC 28590
It is our understanding that because we are a State agency, no fee is required for this service.
Please return the completed Return of Service form in the enclosed return envelope.
The Division of Water Quality appreciates this assistance from your department. If you have
any questions or need additional information, please contact me at [phone].
Sincerely,
aul Sherman
Animal Feeding Operations Unit
cc: File DV-2005-0025
Central Files
Marlene Salyer, Washington Regional Office
No,' Carolina
�iura!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http://Uo.enr.statc-nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]a 1-877-623-6748
Fax [phone]
An Equal opportunity/Afirmatve Action Employer — 50% Recycled110% Post Consumer Paper

Re: Harper assessment
Subject: Re: Harper assessment
From: David May <[e-mail]>
Date: Tue, 08 Nov 2005 17.31.24 -0500
To: Keith Lan'& <[e-mail]>
CC: Marlene Salyer <[e-mail]>
Keith,
I did a quick check in Pitt County's GIS system. Deborah Beamon harper (wife or
mother?) owns the property at 133 B Emily Drive in Winterville, so I would think that
address would/should work. Most likely, Mr. Harper just isn't picking up the
notice. This could turn out to be a notice that ends up having to be served by the
Sheriff's Department.
A June 2004 letter addressed to Ben Harper, Jr. was sent to 309 West Greene St., Snow
Hill, NC 28580. A January 2003 letter was addressed to P.O. Box 295, Snow Hill ETC
28580. I think both of those addresses are outdated, possibly.
David
Keith Larick wrote:
One last enforcement item before I go. The assessment for Ben Harper came back
unclaimed. The address I used is:
Ben Harper
133B Emily Dr.
Winterville, NC 2859C
Any idea if this address is still current?
Thanks,
Keith
David May
Division of Water Quality
Aquifer Protection Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
I of 1 11/8/2005 5:31 PM

0 W a T E�pG
Michael F. Easley
Governor
William G. Ross Jr- Secretary
Department of Environment and Natural Resources
'C Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 14, 2004
Mr. Ben T. Harper, Jr- CERTIFIED MAIL
309 West Greene Street RETURN RECEIPT REQUESTED
Snow Hill, NC 28580 r
SUBJECT: Final Request for Payment of Civil Penalty
File No. DV 03-016 JUN 15 2004
Farm # 40-146
Dear Mr. Harper: DWQ- ARO
On July 9, 2003, the Division of Water Quality (DWQ) assessed a civil penalty against
you in the amount of $4,508.39, including $508.39 in investigative costs, for discharging animal
waste into the waters of the State. On October 1, 2003, the Director of DWQ considered your
request for remission but found no grounds to modify the assessment. On February 12, 2004, the
Environmental Management Commission Committee on Civil Penalty Remissions reduced the
penalty to a total of $3,008.39.
If any civil penalty has not been paid within 30 days after the final agency decision has
been served on the violator, North Carolina General Statue 143-215.6A(g) allows the Secretary
of the Department of Environment, and Natural Resources to request the Attorney General to
institute a civil action in Superior Court of any county in which the violator resides or has his or
its principal place of business to recover the amount of the assessment. The Division has the
certified mail green card, signed by Ben Harper, Sr., that shows the Final Agency Decision was
received on February 28, 2004.
This letter serves as final notice that the Division will proceed to refer your case to the
North Carolina Attorney General's Office unless payment of S3,008.39 is received within 15
days of your receipt of this notice. The Attorney General's Office will seek collection through
the courts. Should you have any questions, please contact Steve Lewis at [phone] ext.
539 or Keith Larick at [phone] ext. 571.
Sincerely,
< Ce.,-�
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
NCDENR
customer Service: Mailing Address: Telephone [phone] Location:
1-i377-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10 % post -consumer paper
http://h2o. ermstate. nc_ us

W
cc: Jim Mulligan, Washington Regional Supervisor
Lyn Hardison, WARO
Frank Crawley, AGO
Keith Larick, NDCEU
File # DV 03-016
Central Files w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF-GREENE
IN THE MATTER OF: )
Assessment of Civil Penalties )
Against )
BEN T. HARPER, JR. )
t RECEIVED
FEB 2 4 2004
DWQ-WARC
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DV-03-016
FINAL DECISION
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 12 February 2004, 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 Ben T.
Harper, Jr. in the total amount of $4,508.39 ($4,000.00 plus $508.39 investigation costs). Mr.
Harper's request for remission was presented to the Committee on Civil Penalty Remissions for
consideration. The Division of Water Quality was represented by Steve Lewis, and Ben T_
Harper, Jr. represented himself.
Having considered the record, submissions 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 Ben T. Harper, Jr., that the Findings of Fact support the Conclusions of Law, 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. § 143B-282.I(c), the Committee further finds
that there are ;rounds for remission or reduction of the penalties assessed by the Director for the

R
discharge of wastewater from the Ben Harper Swine Farm spray field into an unnamed tributary to
Sandy Run. Thd Committee finds that the discharge was inadvertent and that Ben T. Harper had
no previous violation.
Upon duly made motion and vote, the Committee finds that the civil penalty assessment
should be reduced by S1,500.00 and upheld in the amount of $3,008.39 ($2,500.00 civil penalty
plus $508.39 investigation costs).
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and investigation costs against Ben T.
Harper, Jr. in the amount of $3,008.39 is AFFIRMED.
3. That this Final Decision and Order be served upon Ben T. Harper, Jr., and upon
receipt hereof the amount of $3,008.39 be paid to the Department of Environment and Natural
Resources within thirty days as required by law.
This the 11h!�day of February, 2004.
David H oreau, Chairman
Environmental Management Commission

CERTIFICATE OF SERVICE
This is to-certifv that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Ben T. Harper, Jr.
Harper Swine Farm
309 West Greene Street
Snow Hill, N.C. 28580
Mr. Jim Mulligan
Regional Supervisor
Washington Regional Office
Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, N.C. 27889
This the,?--_6 day of February, 2004.
CERTIFIED MAIL
RETURN RECEIPT
INTER -OFFICE MAIL
ROY COOPER
Attorney General
r�
rancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

JP1
o�oF warFR pG
June 30, 2004
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W_ Klimek, P-E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
RECEIVED
Mr. Ben T. Harper, Jr.
309 West Greene St. AUG 1 9 2004
Snow Hill, NC 28580
RE: Payment Schedule for Civil Penalty DlNQ-iNARO
Case DV 03-016
Farm # 40-146
Greene County
Dear Mr. Harper:
As we discussed yesterday, the Civil Penalties Committee of the Environmental
Management Commission considered your request for remission of the civil penalty and granted
partial remission of the penalty on February 12, 2004. The penalty was reduced from S4,508.39
to S3,008.39. You have requested a schedule for making partial payments toward the reduced
civil penalty. DWQ is agreeable to a twelve (12) month payment schedule beginning on
September 1, 2004 and continuing to August 1, 2005. There will be eleven (11) payments of two
hundred fifty dollars and seventy cents ($250.70) beginning on September 1, 2004 and one final
payment of two hundred fifty dollars and sixty-nine cents (S250.69).
Please sign the attached payment schedule and send it back with your first payment.
Make a copy of the payment schedule for your records. Please make the payments by check
payable to the Department of Environment and Natural Resources and mail them so they are
received by the 1 st of each month.
Failure to make the monthly payments in accordance with this schedule will cause
the entire unpaid balance of the civil penalty to be due and payable and subject to
collection through a civil action in Superior Court.
Customer Service: Mailing Address: Telephone [phone]
1-8i7-623-6745 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01.01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
htfpl/h2o.enr.state. nc. us
*A"
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

1
Mr. Ben Harper, Jr_
Page 2
June 30, 2004
Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr.
Keith Larick at [phone], ext. 571.
Sincerely,
� �'� Z��'
Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Jim Mulligan, Washington Regional Supervisor w/o attachment
Lyn Hardison, WARO w/o attachment
Frank Crawley, AGO
File DV 03-016 w/ attachment
Central Files w/o attachment

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 28, 2003
Mr. Ben Harper, Jr.
309 West Greene Street
Snow Hill NC 28580
Subject. Notice of Deficiency
Harper Swine Farm
440-I46
Greene County
Dear Mr. Harper:
Alan W. Klimek, F.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly
appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office
by the date required We also appreciate the fact that you reported the problem with high freeboard to our staff as
required by your permit and worked with our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office has determined that
this Notice of Deficiency is being issued by the Division for the high freeboard levels at the subject facility_
In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods
include, but are not limited to, water conservation practices, adding additional application sites, updating your
cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels
at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work
with you and your Technical Specialist to evaluate and implement any needed changes to your system.
Thank you again for your cooperation. if you have any questions, please do not hesitate to contact the staff of our
Washington Regional Office at 252-946-6481 _
Sincerely,
Jim ` ulligan,
Water Quality Supervisor
Washington Regional Office
CC: Rion -Discharge Compliance and Enforcement Unit
Central Files
�aRO
dbc files
ar
A'm
NCDENA_
Customer Service., Mailing Address: Telephone: [phone] Location:
1 800 623-T/48 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617

G� \N A 7'6�9
U�RQ
Michael F. Easley
Governor
J
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CN9 7002 0860 0004 3075 11,-fy3-
S1
January 9, 2003
Mr. Ben Harper
Post Office Box 295
Snow Hill, North Carolina 28580
RE: Notice of Recommendation of Enforcement
Harper Swine Farm
Facility Number 40-146
Greene County
I9 -�..Ta ii'. -II —3i
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. I4imek, P.E. Director
Division of Water Quaiity
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violations of
North Carolina General Statute 143-215. 1 (a)(1) for discharging animal waste into waters of the State without a permit and violations of the
conditions in your Swine Waste Operation General Permit.
Harper Swine Farm Inc., facility no. 40-146 is located off the NCSR 1335 approximately 0.5 miles from its intersection with NC
Hwy 123 in Greene County. Ms. Hardison conducted an unannounced Compliance Inspection on December 13, 2002 at the subject
facility. Ms. Hardison observed wastewater nummg off the spray field through the buffer area into a drainage ditch that empties into Sandy
Run of the Neuse River Basin.
On January 6, 2003. this office received irrigation records and an explanation for the violation. However, if you would like
to provide more information and any corrective action taken to prevent such violations from occurring in the future please send your
response within ten (10) days from receipt of this notice to:
W. Jim Mulligan
Division of Water Quality
943 Washington Square Mail
Washington, North Carolina 27889
Your explanations will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
fonvarded to the Director with the enforcement package for his consideration.
PIease be advised that anv violation of the terms and conditions specified in your Certificate of Coverage (COC), the General
Permit or the CAWMP may result in the revocation of your COC. or penalties in accordance with the North Carolina General Stage 143-
215.6A through 143-215.6C including civil penalties_ criminal penalties and injunctive relief.
If you Have any questions concerning this matter, please contact me at 252-946.6481, ext. 212 or Lyn Hardison at eNt. 318.
Sincerely,
h-im gan
Water Quality Regional Supervisor
cc: Greene Countv Soil and Walla Conservation Distnci
Premium Standard Farms of NC
'.Mike Regans, NCCES
N, CDSWC-WaRO
Iron -Discharge Compliance Unit
WQ Central Files
WaRO
LBH Files
943 Washington Square Mail Washington, NC 27889 252-94&6481 (Telephone) 252-946-9215 (Fax)

North Caroiina Department of Environment and
Natural Resources
Washington Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
April 24, 2003
NCDENR
To: J. Kent Wiggins, Acting Supervisor
Non -Discharge Compliance and Enforcement Unit
Thro►�gh: WJim Mulligan, Water Quality Supervisor
Washington Regional Office
From: Lyn Hardison, Environmental Specialist y, ''
Washington Regional Office ;1
Subject: Enforcement Package DV
Harper Swine Farm
Permit No. AWS400146
Greene County
Introduction:
Harper Swine Farm is owned and operated by Mr. Ben Harper. This facility, located on the
northwest side of SR 1335 in Greene County, began operation in I996. The facility has the capacity
to raise 4000 feeder to finish swine and the overall design for this facility is 540,000 lbs. (steady state
live weight). Presently, Mr. Harper grows animals for Premium Standard of North Carolina -
Report:
On December 13, 2002, the weather was rainy and cool I went to Harper Swine Farm to conduct the
routine compliance inspection and discovered wastewater running off the spray field into an
unnamed tributary to Sandy Run of the Neuse River Basin- At the time of inspection, not one was on
site except an employee of Premium Standards. Several attempts to contact the owners of the facility
during the inspection were made and messages were left on answering machine at the telephone
numbers called_ The surrounding area had received a lot of rain on December 13,2002 and the
wastewater in the spray field had mixed with the rainwater and flowed off the field. During a
telephone conversation with Mr. Ben Harper Jr., he was informed of the discharge and was unaware
of the incident. Mr. Harper Jr. explained that they had irrigated the night before from 6:00 PM to
9-45 PM because that was the only time they could stay with the irrigation reel. When asked why
they irrigated before a predicted rainfall event, he said they understood that the weather forecasters
were predicting showers not rain on December 13. 2002. It was determined that the irrigation
equipment puts out approximately 134 gallons per minute therefore approximately 30,150 gallons of
wastewater was irri_ated onto 4.33 acres. It was also noted that the lagoon level was 24 inches. Mr.
Harper .grows animals for Premium Standard of North Carolina and it is understood that the
Company's has an internal policy to not restock animals onto a farm after removing grown animals
when the lagoon levels is less than 24 inches. The animals at Harper Swine Farm were in the process
of being removed for market that week. Mr. Harper appeared cooperative however he was very
concemed.over his financial responsibilities to his banker- Because if he was unable to re -stock his
farm_ he did not believe, he could meet his responsibilities.

The Finding and Decisions and Assessment Factors are attached for review.
Conclusion:
Mr. Ben Harper, owner and operator of Harper Swine Farm, is in violation of North Carolina General
Statue 143-215.1(a)(1) for allowing animal waste to discharge into waters of the State without a
permit.
Recommendations:
It is recommended that the appropriate civil penalties be assessed against this subject facility, Harper
Swine Farm located in Greene County, owned and operated by Mr. Ben Harper.
Postal
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Total Postage & Fees $ �!� C �F� 1 ru
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June 6, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ben Harper, Jr.
309 West Greene Street
Snow Hill NC 28580
SUBJECT: Request for Information
Inadequate Freeboard
Harper Swine Farm
#40-146
Greene County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
On May 27, 2003, a representative of your farm informed the Division of Water Quality
(DWQ) that there was high freeboard in your lagoon(s). DWQ needs more information to
determine the site -specific factors that resulted in the high freeboard at your farm.
Please provide the Washington Regional Office with the reasons for the high freeboard
and your plan to prevent future freeboard violation(s). This explanation and plan must include
but is not limited to the following:
• Current freeboard level(s)
• Freeboard records for the past 12 months
• Spraying records for the past 12 months
• Rainfall records for the past 12 months for your farm (if available)
• A copy of your waste utilization plan (WUP) If your crops did not comply with your
WUP, provide details of the crops you did have for the past 12 months.
FNM
RBI 75
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr.state.nc. us

Inadequate Freeboard
Page 2
• A summary of actions taken to lower the freeboard such as using additional irrigation
equipment, using third -party spray fields, buying additional land, removing animals from
the farm, delaying restocking, pumping and hauling waste to another site (please state the
location of the other site), etc.
• A description of water conservation measures in use at the farm and the date(s) installed
• If the freeboard level(s) are still in violation, provide an updated Plan of Action as to how
the farm will return to compliance.
• Provide a detailed description of the actions you have taken or will be taking to reduce
the possibility of freeboard violations at your farm in the future.
DWQ will look at each case on its merits. Your efforts to notify DWQ of the problem,
the efforts you made to resolve the problem and the actions taken to prevent future problems will
work to your benefit. However, please be advised that civil penalties may be assessed if
warranted.
This information must be received by the Washington Regional Office at the following
address no later than 10 days after receipt of this letter.
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
We know that gathering this information will take additional effort. If you have
circumstances that will make meeting the 10-day deadline very difficult for you, please contact
your regional DWQ office. If appropriate, you may get a short extension of time. If you have
any questions regarding this letter, please do not hesitate to contact our Washington Regional
Office Staff at [phone].
Sincerely,
Ian W. Klimek, P.E.
Director
cc: Washington Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Information contained in this database is from non agency sources and is considered unconfirmed
Animal Operation Telephone Lot
DWO Facility Number
Farm Name
Caller's Name
Caller's Phone##
Access to Farm
40 — 146
Harper Swine Farm
Sen Harper, Jr.
OO Reporting O Complaint
Farm Accessible
from main road! 10 Yes O NO
Animal Population
Confined
Depop
Feed Available
Mortality
O Yes ONO
O Yes O No
Q Yes O No
O Yes O Na
Spray A� ailabiliti
Pumping
Equipment 10 Yes O No
Available
Fields Yes No
person taking call Daphne B. Cullom
Date
Time
Control Number
Region
L.iuoon Question,
Breached
Q Yes Q No
Inundated
10 Yes Q No
Overtopped
10 Yes Q Na
Water on
O Yes Q No
Outside Wall
Dike Conditions
O Yes O No
s127/2003
12:49 pm
3101
WARD
Freeboard Level
Freeboard
Plan Due Date Date Plan Date Freeboard
Inches
(? equals blank) Received Level OK
Lagoon'l 1$
/29/2003
Lagoon2 0
0
Lagoon3
Lagoon4
Lagoons
Lagoon6
I�

Information contained in this database is from non agency sources and is considered unconfirmed
Animal Operation Telephone Lag
DWQ Facility Number 40 146
Farm Name (Harper Swine Farm
Caller's Name jBen Harper, III
Q Reporting O Complaint
Caller's Phone #
Access to Farm
Farm Accessible
from main road 10 Yes O No
Animal Population
Confined 10 Yes O No
Depop 10 Yes Q No
Feed Available 10 Yes O No
Mortality 10 Yes O No
Spray Availability
Pumping
Equipment
10 Yes Q No
Available
O Yes p No
Fields
Date 4/10/2t)03
Time 0:10 am
Control Number 2720
Region jVVAR0
LnLyoon Questions
Breached
O Yes O No
Inundated
O Yes O No
Overtopped
O Yes O No
Water on
O Yes O No
Outside Wall
Dike Conditions
O Yes O No
Freeboard Level
Freeboard
Plan Due Date Date Plan Date Freeboard
Inches
(? equals blank) Received Level OK
Lagoonl 18.5
4/12/2003
Lagoon2
Lagoon3
o
Lagoon4 0
��
Lagoons
Lagoon6
41.1-11200.3.......5"_.....D....Gullom_................. ...-................._.............._._...............
............. .................................... ..................................... ........ ................................................. ............................. .................. ........ I ... ...................................................................
.......................................................................................................................................................................................................................................................................................
........................................ ....................... ................................................................................................................................................. ............. I ................................... I ......... I .......
person taking call Daphne B. Cullom

North CarolinaIT
Department of Environment and Natural LTZ0A
0
Resources 4 ;►
Division of Soil and Water Conservation
Michael F. Easley, Governor NCDENR
William G. Ross Jr., Secretary NORTH CAROLINA DEPARTMENT OF
David S. Vogel, Director ENVIRONMENT AND NA'1"URAL RESOURCES
August 23, 2004
Mr. Ben Harper
309 West Greene Street
Snow Hill, North Carolina 28580
SUBJECT: Operation Review Notice of Referral for
Harper Swine Farm, Facility Number 40-146
Greene County
Dear Mr. Harper:
On August 14, 2004 at 5:45 p.m. a telephone call was received by Martin McLawhorn,
DSWC, stating that animal waste was being applied by irrigation to a Coastal Bermuda
field on the Ben Harper Farm in Greene County_ Spray fields were saturated at this
time from tropical storm Charley with 4"-6" of rainfall. During the complaint visit, the
following items were noted.
• Waste was ponding on Coastal Bermuda spray field
• Waste was leaking from aluminum pipe joints from back flow of waste
It was for these reasons that your operation was referred to the Division of Water
Quality for further investigation and possible enforcement action. G.S. 143-215.10E
requires staff from the Division of Soil and Water Conservation to notify the Division of
Water Quality and the owner/operator of these observed violations.
A copy of the operation review is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
Please remember that in order for your facility to remain in compliance with
environmental regulations, animal waste cannot be discharged into waters of the State,
and the animal waste collection, treatment, storage and disposal systems must be
properly maintained and operated under the responsible charge of a certified operator.
943 Washington square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]

Mr. Ben Harper
August 24, 2004
Page 2
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation
with this operation review. Please do not hesitate to contact me at 252-946-6481 ext.
306 if you have any questions, concerns or need additional information
Sincerely,
Martin McLawhorn
Environmental Specialist II
cc: --Marlene Salyer, Division of Water Quality
Greene County Soil & Water Conservation District
Jeremy Hill, Premium Standard
Vernon Cox, Division of Soil & Water Conservation
DSWC — WaRO Files
943 Washington Square Mall, Washington, North Carolina 27869 Telephone [phone] FAX [phone]
An Eaual 0000rtunity Affirmative Action Emplover

Technical Assistance Site Visit Report
Division of Soil and Water Conservation
Natural Resources Conservation Service
Soil and Water Conservation District
Other...
Facility Number 4D - 14fi Date: $114/04 Time; 1 1810 1 Time On Farm: 30 WARO
Farm Name Harper Swine Farm County Greene Phone: [phone]
Mailing Address 309 West Greene Street Snow Hill NC 28580
Onsite
Representative no one on site Integrator Premium Standard Farms
Type Of Visit
® Operation Review
❑ Compliance Inspection (pilot only)
❑ Technical Assistance
❑ Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine ❑ Poultry ❑ Cattle ❑ Horse
Design Current
Capacity Population
❑ Wean to Feeder
® Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
4000
Purpose Of Visit
O Routine
O Response to DWQ/DENR referral
O Response to DSWC/SWCD referral
OO Response to complaint/local referral
O Requested by producer/integrator
O Follow-up
O Emergency
O Other...
Design Current
Capacity Population
❑ Layer
❑ Non -Layer
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding Eyes ❑ no
requiring DWQ notification?
5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structurel Structure 2 Structure 3 Structure 4 Structure 5
Identifier
Level (Inches) 19.5
CROP TYPES
SPRAYFIELD
SOIL TYPES
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding Eyes ❑ no
requiring DWQ notification?
5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structurel Structure 2 Structure 3 Structure 4 Structure 5
Identifier
Level (Inches) 19.5
CROP TYPES
SPRAYFIELD
SOIL TYPES
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding Eyes ❑ no
requiring DWQ notification?
5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structurel Structure 2 Structure 3 Structure 4 Structure 5
Identifier
Level (Inches) 19.5
CROP TYPES
SPRAYFIELD
SOIL TYPES
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03

Facility Number 40 - 146 Date:
8/14/04
PARAMETER
QQ No assistance provided/requested
❑ 8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
25. Waste Plan Revision or Amendment
❑
❑
[110. Level in structural freeboard
26. Waste Plan Conditional Amendment
❑
❑
❑ 11. Level in storm storage
27. Review or Evaluate Waste Plan w/producer
❑
❑
❑ 12. Waste structure integrity compromised
28• Farms Need (list in comment section}
❑
❑
❑ 13. Waste structure needs maintenance
29. Missing Components (list in comments)
❑
❑
❑ 14. Over application >, 10% & 10 lbs.
[115. Over application < 10% or < 10 lbs.
30. 2H.0200 re -certification
❑
❑
❑ 16. Hydraulic overloading
31. Five & Thirty day Plans of Action (PoA)
❑
❑
32. Irrigation record keeping assistance
❑
❑
❑ 17. Deficient irrigation records
❑ 18. Late/missing waste analysis
33. Organize/computerization of records
❑
❑
❑ 19. Late/missing lagoon level records
34. Sludge Evaluation
❑
❑
❑ 20. Late/missing soils analysis
❑ 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
❑ 22. Crop inconsistent with waste plan
36. Sludge removal/closure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
[123. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield conditions
38. Structure Needs Improvement
❑
❑
39. Operation & Maintenance Improvements
❑
❑
40. Marker check/calibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
® Referred to DWO Date: 8/14/2004
42. Irrigation Calibration
❑
❑
❑ Referred to NCDA Date.
�
43. Irrigation design/installation
❑
❑
El Other...
system
Date:
44. Secure irrigation information (maps, etc.)
❑
❑
LIST IMPROVEMENTS
45. Operating improvements (pull signs, etc.)
❑
❑
MADE BY OPERATION
Wettable Acre Determination
❑
El46.
1
47. Evaluate WAD certif!cat!on/rechecks
❑
❑
48. Crop evaivation/recommend ations
❑
❑
2.
49. Drainage worklevaluation
❑
❑
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, starmwater diversion, etc.
❑
❑
❑
❑
1
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
❑
❑
4.
54. Mortality BMPs
❑
❑
55. Waste operator education (NPDES)
❑
❑
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6.
58. Crop/forage management education
❑
❑
59. Soil and/or waste sampling education
❑
❑
03/10/03

IFacility Number 40 - 146 Date; 1 8/14/04 k
COMMENTS:
Anonymous telephone call to inspector's house on 8/14/04 at 17:45 p.m. stating that an irrigation event was being
;onducted on the Ben Harper Swine Farm in Greene Co. Approx. 4-6" of rainfall had occurred that same day from tropical
;torn Charley in the area. Inspector arrived on farm at 18:10 on 8/14/04 (No one on site) and contacted Lyn Hardison,
)WO, and left message with Scott Vinson, DWQ concerning situation.
I. Animal waste ponding in coastal bermuda spray field at end of gun cart (spray fields saturated from rainfall). Waste was
toted leaking from aluminum pipe joints going from irrigation pump at lagoon to irrigation reel located in coastal bermuda
;pray field. System was not running at time of inspection, but irrigation pump motor was warm indicating it had recently been
urned off.
'roducer was not present at time of visit and voice message was left at producer's home to make contact with inspector.
)n 8/13/04, lagoon freeboard level was noted at 21 ".
Jotice of Referral to DWQ.
TECHNICAL SPECIALIST Martin McLawhorn
TA 1�
SIGNATURE
Date Entered: 8/23/04 Entered By: IMartin McLawhorn
03/10/03

of INArE9
t"
N „IX4{
Mr. Ben T- Harper, Jr-
309 West Greene Street
Snow Hill, NC 28580
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W- Klimek, P-E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERT=D MAIL
RETU 1 fkn#V*XSTED
SUBJECT: Final Request for Payment of Civil Penalty JUN 15 2004
File No. DV 03-016
Farm # 40-146 D Y Y Q-WAR O
Dear Mr. Harper: Y °,
On July 9, 2003, the Division of Water Quality (DWQ) assessed a civil penalty against
you in the amount of $4,508.39, including $508-39 in investigative costs, for discharging animal
waste into the waters of the State. On October 1, 2003, the Director of DWQ considered your
request for remission but found no grounds to modify the assessment. On February 12, 2004, the
Environmental Management Commission Committee on Civil Penalty Remissions reduced the
penalty to a total of $3,008.39.
If any civil penalty has not been paid within 30 days after the final agency decision has
been served on the violator, North Carolina General Statue 143-215.6A(g) allows the Secretary
of the Department of Environment, and Natural Resources to request the Attorney General to
institute a civil action in Superior Court of any county in which the violator resides or has his or
its principal place of business to recover the amount of the assessment. The Division has the
certified mail green card, signed by Ben Harper, Sr., that shows the Final Agency Decision was
received on February 28, 2004.
This letter serves as final notice that the Division will proceed to refer your case to the
North Carolina Attorney General's Office unless payment of $3,008.39 is received within 15
days of your receipt of this notice. The Attorney General's Office will seek collection through
the courts. Should you have any questions, please contact Steve Lewis at [phone] ext.
539 or Keith Larick at [phone] ext. 571.
Sincerely,
� �c—Z4 r
Jeffrey O. Poupart, Supervisor
Nan -Discharge Compliance and Enforcement Unit
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier 452-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. anr.state.nc. us

cc: Jim Mulligan, Washington Regional Supervisor
Lyn Hardison, WARO
Frank Crawley, AGO
Keith Larick, NDCEU
File # DV 03-016
Central Files w/ attachments

-
Michae; F Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department
of Environment and Natural Resources
�
D
r
110 "
Alan W. lain�ek, P.E. Director
>
.—q
Division of Water Quality
a+ -Ic
Memorandum
To:
Sue Homewood
From:
Lyn Hardison
Subject:
NPDES Permit Application
Harper Swine Farm
Fac. No. 40-146
Greene County
Date: January 6, 2003
I receive this application in the mail along with the most recent Waste Utilization Plan. The
WUP was both signed by the owner and the Tech, Specialist. Mr. Harper was expecting a
Certified letter from me and he mistakenly sent this application to me. I will keep the WUP but
am forwarding the application to you for processing. If I can be of any assistance, please let me
know.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

State of North Carolina
Department of Environment and Natural Resources RECEIVED
Division of Water Quality
Animal Waste Management Systems JAN -- 6 2003
NPDES Short Form B — Existing Facility
DWQ-WARD
The following questions have been completed utilizing information on file with the Division. Please review the
information for completeness and make any corrections that are appropriate. If a question has not been
completed by the Division, please answer it to the best of your ability. Do not leave any question unanswered.
1 Facility Number: Facility Number: 40 - 146 or Permit Number: NCA240146
2 Facility Name: Harper Swine Farm
3 Landowner's name (must match the name on the Certified Animal Waste Management Plan): Ben Harper, Jr.
4 Landowner's Mailing address: 309 West Greene Street
City, State: Snow Hill NC
Telephone Number (include area code): [phone]
5 County where facility is located: Greene
6 Farm Manager's name (if different from Landowner): _
7 Farm Manager's telephone number (include area code):
Zip: 28580
Submit a copy of the most recent Waste Utilization Plan for this facility with this application. The Waste
Utilization Plan must be signed by the owner and a technical specialist.
I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned to me as incomplete. Note:
In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. (18 U_S_C. Section 1001
provides a punishment by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both for a
similar offense.)
Printed Name of Signing Official (Landowner, or if multiple Landowners, all landowners should sign. If
Landowner is a corporation, signature should be by a principal executive officer of the corporation):
Name:Title:
Signature: Date_
THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNTI
1617 MAIL. SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
TELEPHONE NUMBER: [phone] FAX NUMBER: [phone]
NPDES SHORT FORM B - Existing

0F W AT ,c;gQG
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
September 25, 2003
Mr. Ben Harper
309 West Greene Street
Snow Hill, NC 28580
RE: Remission Request
Harper Swine Farm
Farm # 40-146
Greene County
File # DV 03-016
Dear Mr. Harper:
SEi- L 1 r
4 �; V
DW -VVARQ
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
October 1, 2003, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Jim Mulligan, Washington Regional Supervisor w/attachment
Lyn Hardison ;= WARO w/attachment
Central Files
File # DV 03-016 w/ 3 attachments
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /AfmmativeAction Employer
50% recycled / 10% post -consumer paper
http:/1r2o_ enr.state.nc. us
��wA
K—CD ERRt
Location:
512 N_ Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH CAROLINA
COUNTY OF GREENE
LEI THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
BEN T. HARPER. JR_
ENVIRON11ENTAL MANAGEMENT
CO_N IESSION
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 03-016
Having been assessed civil penalties totaling S4,508.39 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated Julv 9. 2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of . 20 0.3
SIGNATURE
ADDRESS
309 W. Greene St.
Snow Hill. INC 28580
TELEPHONE
2521 747-7675

r
RECEi V tD
AUG 2 5 2003
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v
N
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�7

OF W A rF�4
Michael F. Easiey, Governor
o
William G. Ross Jr., Secretary
b�3�.
North Carolina Department of Environment and Natural resources
I __q
Alan W. Klimek, P.E. Director
Division of Water Quality
July 28, 2003
Mr. Ben Harper, Jr.
309 West Greene Street
Snow Hill NC 28580
Subject: Notice of Deficiency
Harper Swine Farm
#40-146
Greene County
Dear Mr. Harper:
Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly
appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office
by the date required We also appreciate the fact that you reported the problem with high freeboard to our staff as
required by your permit and worked with our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office has determined that
this Notice of Deficiency is being issued by the Division for the high freeboard levels at the subject facility.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range. 'These methods
include, but are not limited to, water conservation practices, adding additional application sites, updating your
cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels
at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work
with you and your Technical Specialist to evaluate and implement any needed changes to your system.
Thank you again for your cooperation. if you have any questions, please do not hesitate to contact the staff of our
Washington Regional Office at 252-946-6481.
Sincerely,
Jim ' u Quality
,
Water Quuality Supervisor
Washington Regional Office
CC: Non -Discharge Compliance and Enforcement Unit
Central Files
WaRO
_-Abf-files
3'4
1�CDES';r;
1 iR
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #152-01-01 Raleigh, NC 27699-1617

F WATF
� 9OG Michael F. Easley
Governor
William G- Ross Jr., Secretary
Department of Environment and Natural Resources
`C Alan W. Klimek, P.E- Director
Division of Water Quality
October 6, 2003
Mr. Bert Harper, Jr.
309 West Greene Street
Snow Hill, NC 28580
RE: Request for Remission of Civil Penalty
Harper Swine Farm
Farm # 40-146
Greene County
File No. DV 03-016
Dear Mr. Harper:
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
OCT - 8 2003
-WQVAR0
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $4,508.39.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
NCDEN,R
Customer Service: Mailing Address: Telephone [phone] Location:
1-877.623-6748 1617 Mail Service Center Fax [phone] N_ Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50". recycled / 10% post -consumer paper
http✓/h2o, enr. state. nc. us

Ben Harper
Page 2
October 1, 2003
If you or your representative would like to speak before the Committee, you must complete
and return the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Steve Lewis at [phone] ext_ 539 or Linda Fitzpatrick at [phone] ext. 526.
Sincerely,
/" `
Alan W. Klimek, P.E_
AWK/sci
cc: Jim Mulligan, Washington Regional Supervisor
ILyn: Hardison, WARO
File # DV 03-016
Central Files

-.e
Michael F. Easley
Governor
William G- Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, F.E. Director
Division of Water Quality
October 6, 2003
Mr. Ben Harper, Jr.
309 West Greene Street
Snow Hill, NC 28580
RE: Request for Remission of Civil Penalty
Harper Swine Farm
Farm # 40-146
Greene County
File No. DV 03-016
Dear Mr. Harper:
Coleen H_ Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
E
OCT - 8 2003
DWQ-WARO
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $4,508.39.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleiah, North Carolina 27699-1617
if payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Customer Service: Mailing Address: Telephone [phone]
1.877-623-66748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier 452-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http.- h2o.enr.stare.nc.us
VDIX
NCDENIR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Ben Harper
Page 2
October 1, 2003
If you or your representative would like to speak before the Committee, you must complete
and return the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Steve Lewis at [phone] ext. 539 or Linda Fitzpatrick at [phone] ext. 526.
Sincerely,
Alan W. Klimek, P.E.
AW Klscl
cc: AfMulligan, Washington Regional Supervisor
Lyn Hardison, WARO
File # DV 03-016
Central Files

L � ,
`o�oF wArE9Q�
r
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
D Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Ben Harper, Jr.
309 West Greene Street
Snow Hill, NC 28580
��1
Dear Mr. Harper:
November 24, 2003
Additional Information Request
Harper Swine Farm.
Greene County
Case Number DV 03-0I6
CERTIFIED MAIL
RETURN RECEIPT_REQUESTED
NOV 2 9003
Your request for an oral presentation before the Conunittee On Civil Penalty Remissions (the
Committee) of the Environmental Management Commission (EMC) has been approved. Before
the meeting, the Committee requests that you send additional information regarding your current
finances with respect to the ability to pay the penalty, descritions of any grants you have received
for improvements at your farm, whether you have installed the underground irrigation, whether
you have planted coastal bermuda in place of tobacco and any other improvements you have
made. Please refer to your letter to Jim Mulligan that was received on January 28, 2003 (copy
attached) for the information that the Committee needs.
This information must be received by January 5.2004. Send it to:
Steve Lewis
DWQ
1617 Mail Service Center
Raleigh. NC 27699-1617
The meeting will be held on February 12, 2004. Please come prepared to present your
remission request at this meeting. You will be allowed approximately five (5) minutes to speak.
The Corrunittee will convene immediately following the close of the regularly scheduled
business meeting of the Environmental Management Commission in the Ground Floor
Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see
enclosed directions)_
Customer Service: !Hailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-DI-01
An Equal Opportunity/Affrrmative Action Employer
50% recycled/ 1001 post -consumer paper
http://h2o. enr. state. nc. us
j1IA
NCDEN'R
Location:
512 N. Salisbury St_
Raleigh, NC 27699-1617

The length of an Environmental Management Commission meeting is determined by its
agenda of the day and the amount of discussion given to each topic — meetings often extend into
the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00
a.m. in order to ensure your opportunity to listen to consideration of your case in the event that
the Committee begins at its appointed time. If the Commission meeting runs long and you need
refreshment or food, Division of Water Quality staff can direct you to a cafeteria/snack bar that
is located on the basement floor of the Archdale Building or to other local restaurants.
If you have any questions, please call me at [phone], extension 539.
Sincerely,
'� �'4w-xe-- zee--�L
Steve Lewis
cc: Jim Mulligan, Washington Regional Office
LHardison, WARO
Frank Crawley, AGO
File # DV 03-016

DIATISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Section 1: General Information
1. Facility Name: Harper Swine Farm
2. Facility or Permit No.: AWS400146
3. Parry named in assessment: Ben Harper
4. Address: 309 West Greene Street. Snow Hill, NC 28580
5. Telephone No.: 252-747-7625 (H)
6. Location of Facility: On the north side of NCSR 1149 in Greene County
7. Type of Operation: 4000 Feeder to Finish
8. Registered Agent (if applicable): NIA
9. Registered Agent Address (if applicable): NIA
10. Date(s) of noted violations: December 13 2002
11. Receiving Stream and Classification (if appIicable):UT to Sandy Run, C Sw NSW
12. Regional Office: Washington Regional Office
13. Report Prepared By: Lyn Hardison
Section II: Findings
Case Narrative: On December 13, 2002, the weather was rainy and cool I went to Harper Swine Farm
to conduct the routine compliance inspection and discovered wastewater running off the spray field
into an unnamed tributary to Sandy Run of the Neuse River Basin. At the time of inspection, not one
was on site except an employee of Premium Standards. Several attempts to contact the owners of the
facility during the inspection were made and messages were left on answering machine at the
telephone numbers called. The surrounding area had received a lot of rain on December 13,2002 and
the wastewater in the spray field had mixed with the rainwater and flowed off the field. During a
telephone conversation with Mr. Ben Harper Jr., he was informed of the discharge and was unaware
of the incident. Mr. Harper Jr. explained that they had irrigated the night before from 6:00 PM to
9:45 PM because that was the only time they could stay with the irrigation reel. When asked why
they irrigated before a predicted rainfall event, he said they understood that the weather forecasters
were predicting showers not rain on December 13, 2002. It was determined that the irrigation
equipment puts out approximately 134 gallons per minute therefore approximately 30,150 gallons of
wastewater was irrigated onto 4.33 acres. It was also noted that the lagoon level was 24 inches. Mr.
Harper grows animals for Premium Standard of North Carolina and it is understood that the
Company's has an internal policy to not restock animals onto a farm after removing grown animals
when the lagoon levels is less than 24 inches. The animals at Harper Swine Farm were in the process
of being removed for market that week.
1. Farm and/or company compliance History: The Division does not have documentation of previous
violations.
2. Amount of Waste discharged (if applicable). If amount cannot be estimated, what is the estimated
rate of flow reaching surface waters: Unable to determine amount of wastewater discharged into the
unnamed tributary to Sandy Run. However_ the irrigation equipment puts out 134 gallons per minute
and the irrigation reel operated for 225 minutes. It is estimated that approximately30,1509 gallons of
wastewater was land aRPlied onto 4.33 acres. Unnamed tributaKy to Sandy Run is in the Neuse River
Basin

3_ Sample Results (if applicable) with locations of samples taken noted in relation to discharge point:
December 13, 2002
Ammonia NH3 as N
TKN
Nitrates
Phosphorus
Point of Discharge
34 mg/1
40 mg
10 m
12 m
Upstream
0.22 me
1.1 mg/I
1.9 mg/l
0.89 mg/1
4. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Mr. Harper
appeared to be very cooperative. After December 13, 2002, Mr. Harper had the spray fields aerated
to help the soil permeability.
5. Damage? YIN If yes, include report from WRC: No
6. Mitigating Circumstances: None
7. Recommendations made to the owner/operator: Mr. Harper was advised to aerate the spray fields and
provide the Regional office with irrigation, freeboard waste analysis and waste utilization records for
review.
8_ Costs to the State for the enforcement procedures (Show Breakdown):
Total Staff Time $253.80
Central Office $100.00
Travel Cost (79 miles @ 0.31) $ 24.49
Laboratory Cost $130.10
TOTAL $50839
9. Recommendations for f ether DWQ Action: None
10. Other Comments: Mr. Harper has provided DWQ with a response explaining the irrigation event and
the reason for irrigating on the night before as well as the condition of the farm. He also provided the
requested records. He further explained that since the incident December 13, 2002, he had aerated the
spray field.
Section III Assessment Factors required to be considered by G.S. 143B-282.1(b):
The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation: Animal waste has the potential to deplete dissolved oxygen in
the affected water bodv to a point which is harmful to aouatic life. Waste water also contains
nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life.
Wastewater runoff from this sorav field entered an unnamed tributary to Sandv Run. which is in the
Neuse River Basin.
2. The duration and gravity of the violation: The discharge is the result of land applying waste onto soil
where the moisture was either at or above field capacity Unable to determine amount of wastewater
discharged into the unnamed tributary to Sandy Run. On the evening of December 12, 2002,
wastewater had been irrigated onto a spray field from 6:00 PM to 9:45 PM (operated for 225 minutes_
134 gallons per minute). . Approximately 30.150 gallons of wastewater was irrigated onto 4.33 acres.
Unnamed tributary to Sandy Run is in the Neuse River Basin.

a. The effect on ground or surface quantity or quality: Samples were collected upstream from the
discharge point and at the point of discharge. The results are illustrated in the following table:
December 13, 2002 jAnimoniaNE13asN
TKN
Nitrates
Phosphorus
Point of Discharge
34 m
40 mgA
10 m
12 m
U stream
0.22 mg/l
1.1 1
1.9 1
0.89 mg/l
4. The cost of rectifying the damage: The owner could better prepare for the winter months by lower the
lagoon level via land application agronomicapv to the bottom of the temporary storase zone (during
aptimum plant ,growth period) and improve management of the amount of waste production from
each house by monitoring the water usage and the amount of water used to clean out the houses
between groups of anima
5. The amount of money save by noncompliance: Money is saved when better management skills are
not implemented to improve overall management of the facility, environmentally and productively.
6. Whether the violation was committed willfully or intentional: No, however Mr. Harper used bad
iudgement when he decided to irrigate during the evening of December 12, 2002, and knowing the
weather forecasters were predicting_ showers/rain for December 13, 2002. Although it was explained
that the irrigation event was supervised, visual observations had to be impaired due to the darkness
and it must be difficult to evaluate the condition of the spray field after irrigating in the dark.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority: DWQ has not documented any
prior violations.
8. The cost to the State of the enforcement procedures:
Total Staff Time
$253.80
Central Office
$100,00
Travel Cost (79 miles @ 0.31)
$ 24.49
Laboratory Cost
$130.10
TOTAL
M8.39

STATE OF NORTH CAROLINA
COUNTY OF Greene
IN THE MATTER OF
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting
Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality
(DWQ), make the following:
FINDINGS OF FACT:
A. Harper Swine Farm is a corporation organized and existing under the laws of the State of
North Carolina.
B. Ben Harper owns and operates Harper Swine Farm, a permitted/certified swine animal
feeding operation in Greene County.
C. Mr. Ben Harper was issued Certificate of Coverage AWS400146 under General Permit
AWG100000 for Harper Swine Farm on June 26, 1998, eMctive June 26, 1998, with an
expiration date of April 30, 2003- This permit does not allow the discharge of waste to
waters of the State
D. On December 13, 2002, DWQ staff observed a discharge of wastewater from the spray field
by way of runoff into an unnamed tributary to Sandy Run, which is classified as Class C-
Swamp NSW waters of the State within the Neuse River Basin.
E. Mr. Ben Harper does not have a valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $ $ 508.39
Based upon the above Findings of Facts, I make the following:
CONCLUSIONS OF LAW:
A. Ben Harper is a "person" within the meaning of G. S_ 143-215.6A pursuant to G. S. 143-
212(4).
B. Unnamed tributary to Sandy Run constitutes waters of the State within the meaning of G. S.
143-215.1 pursuant to G. S. 143-212(6).

C. The above -cited discharge constitutes making an outlet to waters of the State for purposes of
G. S_ 143-215.1(a)(I), for which a permit is required by G. S. 143-215.1.
D. Mr. Ben Harper 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 that twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to apply for or to secure a permit required by G. S. 143-215.1.
E, The State's enforcement costs in this matter may be assessed against Mr. Ben Harper
pursuant to G. S. 143-2I5.3(a)(9) and G. S. 143B-282.I(b)(8).
F. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of
Water Quality, pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, has
the authority to assess civil penalties in this matter
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
II. DECISION:
Accordingly, Mr_ Ben Harper, owner of Harper Swine Farm is hereby assessed a civil penalty of:
$ For making an outlet to the waters of the State without a permit
as required by G. S. 143-215.1.
$ TOTAL CIVIL, PENALTY, which is percent of the
maximum penalty authorized by G. S. 143-215.6A.
S. $508.39 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G. S. 143-215.6AC, 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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
() The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority,
(8) The cost to the State of the enforcement procedures.
(Date) J. Kent Wiggins, Acting Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

The following is the formula used to adjust for enforcement cost and the calculations completed to
determine total enforcement cost:
Investigators cost per hoar = X = 0.0765X = 01083X = 144.60 * 12) _ (X * % longevity)
2080
Number of investigators hours: Lyn Hardison = 12 hours
Total investigative cost based on hours: Lyn Hardison = $253.80
Total Investigative Cost $253.80
The following is the calculated cost from the laboratory to be included in the total enforcement cost:
Parameters
## of samples
Cost/sample
Total Cost
Tested
Fecal
0
$ 17.75
$
coliform
Biological
0
$ 18.11
$
Oxygen
Demand (5
da
Ammonia
2
$ 14.00
$ 28.00
(NH3 as
Total
2
$ 16.39
$ 32.78
Kjeldahl
Nitrate plus
2
$ 18.37
$ 36.74
Nitrites as N
Phosphorus
2
$ 16.29
$ 32.58
Total Laboratory Cost
$ 130.10

I
iy
=I
14
a

v Di- ision of %% ater Qualiti
ti Division of Soil and Water Consen-ation
O Other Agency
of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 4U l46 D;lit u; Vi%k: 12-13-2002 Tirnc: ta4t1
-- O Not Operational 0 Below Threshold
M Permitted C Certified ❑ Conditionally- Certified = Registered Date Last Operated or Abo, a Threshold: ..................
Farm Name: Ha ger �nila�.E�tKm --- .. _.W.__.._. .... Count.•: Grccar............................................... V4AR0.......
Owner Name: >lfatt.�. _ . ._ _ . Hatt ��1r.._.._._.- _ Phone No:(252).2.41n7.6.7.S..................... ................ —..........
Mailing Address: fl2lilt'rw!tt.�r tte Sla >k...._.__ _.... M........ S».a9x.Si N.C..._..--•--•----••-•---•--••----•--•---.._---•--.. 285BO ...........
Facilin- Contact: ... ............ ............. ......................... _.......... .. Title:................................................................ Phone No:..................................................
Onsite Representatn-e: tne..aJote -•--- ._.w_._--_._------_.._......... Integrator: Pmmium,,SA=dardF-anu &.of,N_Qrdx...........
Certified Operator. jAMjm,3, ,,...,,,.. ___ �L , . .. „. , _ Operator Certification Number: -1652$...... __...................
Location of Farm:
'Take 258 N from Snow Hill about 4 miles. Turn right on 123. Go about 112 mile. Turn lent on SR 1335 about 1/2 mL on the left. I `
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude - 35 j • ' 30 i• 50 ! Longitude 1 77 • 36 16
Design Current
Design Current
Design Current
Swine Capac!q Population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
I❑
Laver
❑ Dairy
® Feeder to Finish
4000
658 j❑
Non -Layer
❑ Non -Dairy
❑ Farrow to Wean
El Farrow er to Feed
Other❑
❑ Farrow to Finish
Total Design Capacity
4,000
❑ Cflts
Total SSLW
540,000
❑ soars
Number of Lagoons 10 Subsurface Drains Present ❑ Lagoon Area JEI Spray FieW Area
Holding Ponds / Solid Traps � ❑ No Liquid Waste Management Svstem
DkL. har«c, & Stream lmnac•ts
1. Is anv discharge observed from any part of the operation?
Diu;harpc originated at: ❑ Lagoon ® Sprav Field ❑ Other
a. L°di<:harge i., obsery d. i%as the "nix-evance man-made?
i, did it ruai:h `h tl;, (i1 tUu tii itc" til 5 c, ❑mil\ D Q)
c it chill i�, line in =al nin.C.'
d di,, iai'^C 11\ pa;..1 tapou S1-swnl! t. nwifl D\N Q )
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
\i actc 0,11t-ction & Treatment
4. Is storage capacity- (Feeboard plus storm storage) less than adequate? ❑ Spillu°av
Siru.:ture I Sttvclure 2 SInl urc = Strtietury ; `tru�;i[IT : 5
Identifier:
® Yes ❑ No
❑ Yes 0 No
gj Yes ❑ No
unknown
❑ Yes ® No
❑Yes ZNo
Cj Yes ® No
❑ Yes [9 No
Struciure 6
Freeboard L inches r .............. U.......--..._.. .........

I ; 4!3 I,) Continued
Facilit. Number: 40-146 D.a'. u` i . i,r :i,,:, 1273-2M2
Odor Issue,
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at or below ❑Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation. asphalt ❑ Yes ® No
roads- building structure, and/or public property)
29- Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
30- Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32- Do the flush tanks lack a submerged fill pipe or a pernmenthemporary cover? ❑ Yes ❑ No
AddftionW ents as orDrawings: --=
Unable to determine the volume of the flow or how long it had been occurring. A field had been pumped on the dL
night before predicted rainfall for approx. 3 hr. and 45 minutes. Volume pumped unknown at this time.
The farm is moving animals off site for the market and there is policy with the Company that a grower have 24" or
more before animals will be restocked.
Unable to reach anyone via phone however messages were left on answering machines.
Nutrient samples were collected at the source of runoff and upstream.
Ben Harper, Jr- did contact Lyn Hardison
anuary 6, 2003 - Received the requested records and response.
Freeboard levels are recorded weekly. By mid September the lagoon levels was 31" the summer was dry and the there were several irrigation events from May thru June. From Mid September thru
November, it was documented there was approx. 11.6 inches of rainfall. It rained every week from the second week
in October to the third week of November.
The irrigation records are complete and balanced out, The waste analysis correspond with the irrigation events.
Soil analysis ofr 2002 available.
Need to evaluate teh field after each spray irrigation event and assure teh wastewater is containec onsite. Aerating the
fields and buffer areas are suggested
valuation the water usage in the houses and if there are arty water breaks or leak that can be repair, then it should be
done.
Improve the management of the waste management system and production to prevent from any further violations-

IFacilit% lumber: 411-146 !
12-13-2(1112
Are tbi-re anz immediate threat.: to the integrin_ - of and of the structures observed? (ie/ trees. severe crosion,
seepage, etc.)
G. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan`'
(If any of questions 4-6was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do am- stuctures lack adequate. gauged markers with required maximum and minimum liquid level
elevation markings?
Waste knnliCaTi/tr,
Ej' Yes % No
❑ Yes ® No
❑ Yes ® No
!$1 Yes ❑ No
❑ Yes ® No
10. Are there am- buffers that need maintenancelunprovement? ® Yes ❑ No
11. Is there evidence of over application? ® Excessive Ponding ❑ PAN ❑ Bydraulic Overload ® Yes ❑ No
12. Crop type Corn. Soybeans, Wheat Coastal Bermuda (Hay) Small Grain Overseed Kennaf
I3. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lacy adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is peuded for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Retluired Records & Diwumenb
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facilit-, fail to have all components of the Certified Animal Waste Management Plan readihr available?
(ie/ V&T. checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge. freeboard problems. over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes IN No
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No
❑ No violations or deficiencies were noted during this visit. You wiD receive no further correspondence about this visit
Comments (refer to question f: Explain any YES answers and/or any recommendations or any other comments.
Use dravi ings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes
nannounced inspection by DWQ - Raining at time of review.
-cords were not available.
ease send the following records to 943 Washington Square Mall, Washington, NC 27889_ current waste utilization
an, im2ation records from October 2001 thru present, soil analysis for 2002, waste analysis from October 2001 thru
I B - Wastewater was flowing off the spray field into a road drainage way which flows into a unnamed stream that
)ws into Sandy Run of the Neuse River Basin.
Reviewer/Inspector Name Lyn B. Hardison
Reviewer/Inspector Sienature: Date:

a�17:71: ()I ►oll {IBIN
Alullo,) 01103J1)
ul.le'l otly"S .iad.lel I
I
^+c'7it! 77r71 pi•$,r
qi)
CA

Harper Swine Farm
# 40-146 (AWS400146)
Greene County
Map not to scale

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DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W❑ SAMPLETYPLr
I IttiN'IN GREENE PRIORITY
1411'F:R BASIN: AMBIENT 0 QA I X❑ STREAM EFFLUENT
it I PORT TO WARO Regional Office COMPLIANCE a CHAIN OF CUSTODY ❑ LAKE ED INFLUENT
tnbel : EMERGENCY VISIT ID ESTUARY
r ul.1s'.CfOR(S) : LHARDISON A
Lab Number
2W8636
Daie Received ;
12/17/2002
Time Received:
8;50 AM
Received By
DS
�
Data ltekased :
AR
Date Reported:
1/3/2003
1 ,notated 8011 Range: Station Location: POINT OF DISCHARGE
tired: Chlorinated: Remarks:
�t •liuu M Date Begin (yy/moJJd) Dale End (yyfmmldd) Time Begin Thaw Ead Deptib - DM, DH, DBRI Value Type -A,11, L Compwltt-T, S, B SampleType
20021213 1 1 1530
ROD 310
m /L
COD Ifigh 340
m /L
COD Low 333
m /L
Cnliform: MF Peca131616
/100ml
Cnlifonn: MF Total 31504
/ 100mi
C'ulifono: tube Fecal 31615
11 OOml
Cuhform:Fecal Stre 31673
/lo0rrsl
Rrsidue: Total500
m /L
Volatile 505
m /L
Fixed 510
m /L
Residue: Suspended 330
m /L
Volatile 535
m /L
Fixed 540
m /L
rl 1403
units
Acidity to p1l4.5 436
mil/L
Acidity to pll8.3435
m /L
Alkalinity to I18.34b5
mil/L
Al"Isruty to pit4.5410
m /L
TOC 6110
mgVL
I'misidiq 76
NTU
t'nli[ nm'1'aul Tube
'/ I00 mis
i iNi NIENTS :
Chloride 940 m /L
Chi a: Tri 32217 u /L
Chi a: Corr32209 u /L
Phea h lin a 32213 a /L
Color: Tme 80 C.U.
Color: H 87 It- C.U.
Color: DII7.6 82 C.U.
Cyanide 720 L
Fluoride 951 nWL
Formaldehyde 71$90 m L
Orcase and Oils 556 m /L
Hardness Total900 m /L
Specific Cond. 95 umhos/cm2
MBAS 39260 m /L
Phenols 32730 u /L
Sulfate 945 m /L
Sulfide 745 m /L
Boron
Tannin & Li in u /L
Ilexavaicnt Chromium UK/I.
Bicarbonate mg/I,
Carbonate m /L
X
NH3 as N 610
34
mlVL
X
TKN an N 625
40
mg/I.
X
NO2 plus NO3 as N 630
10
m /L
X
P: Total as P 665
12
roIL
PO4 as P 70507
m /L
P: Dissolved as P 666
m /L
K-Potassium
m /L
Cd-Cadmium 1027
u /L
Cr-Chromlum:Total 1034
u /L
Cu- Copper 1042
u /L
Ni-Nickel1067
u /L
Pb-Lead 1051
u /L
Zn• Zinc 1092
u /L
V-Vanadium
u /L
AS. Silver 1077
u /L
AI -Aluminum 1105
u /i.
Be. Bayllium 1012
v /L
Ca- Calcium 916
m L
Co -Cobalt 1037
u /L
Fe- frog 1045
u I.
JAN - 8 2003
Li -Lithium 1132 u /L
Mg- Maesium927 m /L
Mn-Man ancse 1055 u /L
Na- Sodium 929 m /L
Arsenic:Total1002 u /L
Sc- Selenium 1147 u L
11 • Mercury 71900 u /L
Ba_Barium u /L
Orgariuchincirm Pesticides
Orpnophosphortit.Pc9ficides
Acid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Pur eabte Organics(VOA batik rc'd
TPH Gasoline Range
TPII/BTEX Gasoline Range
Ph la anktnn

I M)NTV
ItIVER BASIN
IMPORT TO
f phcr
CULLFt"1'UH(S)
t sflowed 1101) Handle:
Secd:
DIVISION OF WATER QUALITY
Chemistry Laboratory Report I Water Quality
W❑ SAMPLE TYPE
GREENE PRIORITY
AMBIENT
O QA
%� STREAM
EFFLUENT
WARD ReBiana101rice Ej COMPLIANCE
0 CHAIN OF CUSTODY
LAKE
INFLUENT
EMERGENCY
VISIT ID
ESTUARY
1. HAR171SON
I
➢
Station Location: UPSTREAM
Ch lcrinslcd:
Remarks:
Lab Number :
2W8637
Date Received :
12/17/2002
Time Received;
8:50 AM
Received By
DSI�
Data R eased :
1
R
Date Reported:
1/3/2003
�v.tiau a Dare Begin ()ylmuddd) Dale End (yylmmMd) Time Begin Tinte End Depth - DAI, DO, DBAI Value Type - A, H. L ComposFle-T, 5, 6 Sample Type
20021213 1540
HOP 31a m /L
COIL I ligh 340 m /L
COD Low 335 m /L
L'oldarm: MF Fecal 31616 / IOOml
C'nlifortn: MF Total 31504 / I OOml
Vol ifunn: tube Fecal 31613 / I f10mf
Vol tf rrm: Fecal Strep 31673 /IOOml
Hesulue: Total 5W m /L
Volatile 505 m /L
_
Fixed 510 m /L
Rcsidue: Suspended 530 m /L
Volatile 533 to /L
Fixed 540 m /L
H 403 units
Acidity In pi14,5436 m /L
_
Acidity to PH 113435 m /L
Alkalinity in pill8.3 415 m /L
Alkalinity to p1l14.3410 m /L
I00680 m /L
furbidit 76 N-w
Cal ifurm Total Tube '/ I DO mis
I I U.NINIENTS:
Chloride940 m /L
Chi a:Td 32217 u /L
Chl a: Cart 32209 u /L
Pheo h lin a 32213 u /L
Color: True 80 C.U.
Color. H 83 H- C.U.
Color. PH 7.6 82 C.U.
Cyanide 720 /L
Fluoride 951 m L
Ponnsklehyde 71880 m L
Grease and Oils 556 m L
Hardness Totai 900 m /L
specific Cond. 95 umhos/cw
MBAS 38260 m /L
Phenols 32730 u /L
Sulfa(e 945 m /L
Sulfide 745 m /L
Boron
Tannin & Li in u /L
Hexavalent Chromium u /L
➢Carbonate m L
Carbonate m /L
X
NH3asN610
0.22
m /L
X
TKN an N 625
1.1
m /L
X
NO2 plus NO3 as N 630
1.9
m /L
X
P: Total as P 665
0.89
m /L
PO4 as P 70507
m /L
P: Dissolved as P 666
m /L
K-Potassium
m /L
Cd- Cadmium 1027
us/L
Cr-Chromium:Total1034
!!B/L_
Cu- Coppff 1042
u /L
Ni-Nickel1067
u L
Ph. Lead 1051
u /L
Zn- zinc 1092
u /L
V•Vanadium
u /L
All- Silver 1077
u /L
Al. Aluminum IIDS
u /L
Be- lkryllium 1012
us/L
CA. Calcium 916
m L
Co -Cobalt 1037
u /L
Pe. Iron 1045
u /L
JAN - 8 2003
Li -Lithium 1132 u /L
M • Magnesium 927 m /L
MU-Mandpwicso 1055 us/L
Na. Sodium 929 m /L
Arsenic:Tolal 1D02 u /l.
Se -Selenium 1147 u /L
li• Mercury 71900 u !L
9a Barium u /L
Organochlorine Pesticides
Orpn000sphorus Pesticides
)
Acid Herbicides)
➢ase/Neurral&Acid Extractable Organics
TPIT Diesel Ranac
Pur ble Organics(VOA bottleraced)
TPH Gasoline Range
TPIf/BTEX Gasoline Range
Ph n lankion

DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W� SAMPLE TYPE
COUNTY GREENE
RIVER BASIN:
PRIORITY
AMBIENT QA
n STREAM
EFFLUENT
REPORT TO WARO Regional Office
COMPLIANCE CHAIN OF CUSTODY
LAKE
INFLUENT
Other :
EMERGENCY VISIT ID
ESTUARY
COLLECTOR(S) : L HARDISON
I
B
Lab Number :
2W8637
Date Rmived :
12/17/2002
Time Received :
8:50 AM
Received By
DS
Data Aeased :
0
Date Reponcd:
1/3/2003
Estimated ROD Range: Station I.modon: UPSTREAM
Seed: Chlarinated: Remarks:
station N Date Begin (yylmm/dd) Date Fad (yylmmlddl Time Begin Time End I Depth - Dbl, DR, DBM Value Type - A.11, L Composite-T, S, B I Sample Type
20021213 1540
BOD 310 m /L
COD High 340 m /L
COD Low 335 m /L
Coliform: MF Fecal 31616 / 100mI
Coliform: MF Total 31504 110orrtl
Conform: tube Fecal 31615 / 100ml
Coliform: Fecal Stree 31673 /100ml
Residue: Total 500 m /L
Volati1e505 m /L
Fixed 510 L
Residue: Suspended 530 m L
Vmlatile535 m /L
Fixed 540 m /L
H 403 units
Acidity to pH 4.5 436 m /L
AciditytopH 9.3435 L
Alkalinity to PH 9.3 415 m L
Alkalinity to PH4.3410 m /L
TOC 680 m /L
Turbidity 76 NTU
Coliform Total Tube "/ 100 m1s
COMMENTS:
Chloride 940 m /L
Chl a: Tri 32217 u /L
Chl a: Con 32209 u L
Phco h tin a 32213 u /L
Color: True 80 C.U.
Color: H 83 H= c.u.
Color: pH 7.6 82 c.u.
Cyanide 720 m /L
Fluoride 951 m L
Formaldehyde 71880 m /L
Grease and Oils 556 m /L
Hardness Total900 m /L
specific Cond. 95 umhos/cm2
MBAS 38260 m /L
Phenols 32730 u L
Sulfate 945 /L
Sulfide 745 m L
Boron
Tannin & Li in u /L
Hexavalen[ ChMMIU m u /L
Bicarbmnate m /L
Carbonate m L
x
NFI3asN610
0,22
m /L
x
TKN an N 625
1.1
m /L
X
NO2 plus NO3 as N 630
1.9
m /L
x
P: Total as P 665
0.89
m /L
PO4 as P 70507
m /L
P- Dissolved as P 60
m /L
K-Potassium
m /L
Cd. Cadmium 1027
u /L
Cr-Chromium:Tuta11034
u /L
Cu- Copper1042
u /L
Ni-Nickel1067
u L
Pb- Lead 1051
u /L
Zn- Zinc 1092
u /L
V-Vanadittm
u /L
Silver 1077
u /L
Al -Aluminum 1105
u /L
Be- Beryllium 1012
u /L
Ca- Calcium 916
m /L
Co-Coball1037
u !I.
Fe- Iron 1045
a /L
JAN - 8 2003
Li -Lithium 1132 u /L
Mg- Magnesium 927 m /L
Mn-Manganese 1055 us/L
Na- Sodium 929 MBIL
Arsenic:Total 1002 u /L
Se- Selenium 1147 u /L
H - Mercury 71900 u /L
Ra_Barium u /L
Organochlorine Pesticides
Ozpnophosphorus Pesticides
I
Acid Herbicides)
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Pu able Organics (VOA bottk 'd
TPH Gasoline Range
TPH/BTEX Gasoline Range
Phytnplankton

MANAGEMENT WATER ALI FI
�aor.�wir Ut- LN,V
-LAB FORM (DM1)
jIHUNMLNTAL
COUNTY I9 RE
PRIORITY
AMPLE TYPE
is �Nrt
RIVTREPO BASIN f RR rC1
❑AMBIENT ❑ QA
'�
❑COMPLIANCE G CHAIN
OF CUSTODY
❑ EMERGENCY
LrJ STREAM
❑ LAKE
❑ ESTUARY
❑ EFFLUENT
❑ INFLUENT
FROMRO
REPORT TO: ARO FRO MRO RRO aRO IRO WSRO TS
AT BM
Other
Shipped by: Bus ourierJr toff, Other
COLLECTOR(S): L i NG 5,m
Estimated BOD Range: 0-5/5.25/25-65140-130 or 100 plus
Seed: Yee ❑ No ❑ Chlorinated: Yes ❑ No ❑
TION
Fnr i wh lice ANI V
Lab Number:
Date Received:
ime:
Rec'd by: From:
Bus ourle -Hand Del
DATA ENTRY BY: CK:
DATE REPORTED:
I --
REMARKS: # y _ 1 Sp1` �i�Y�P✓
LOW
Slatlon #� Date Begin (yy/mm/dd) I Time Begin I Date End Time End Depth DM DB DBM I Value Type Composite Sample Tyke
�2 !� I5�� A H L T S B.0 {Gi GNXX
1 I I
BODS 310 mg/I
3
ICOD
Low 335 mg/l
4
Coliform: MF Fecal 31616 /IOOmi
5
Coliform: MF Total 31504 /100m1
6
Collform; Tube Fecal 31615 /loom)
7
Collform: Fecal Strep 31673 /100m1
8
Residue: Total S00 mg/l
9
Volatile 505 mg/l
10
Fixed 510 mg/l
11
Residue; Suspended S30 mgA
12
Volatile 535 mg/l
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/l
17
Alkalinity to pH 8.3 415 mg/l
1s
Alkalinity to pH 4.5 410 mg/l
19
TOC 680 mg/1
201
Turbidity 76 NTU
Chloride 940 mg/l
Chi a: Trl 32217 ug/I
Chl a: Corr 32209 USA
Pheophytln a 32213 ug/1
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/1
Fluoride 951 mSA
Formaldehyde 71880 mg/l
Grease and Oils 556 mgA
Hardness Total900 mg/l
Specific Cond. 95 uMhos/cm2
MBAS 38260 m9A
Phenols 32730 ug/I
Sulfate 945 mgA
Sulfide 745 mg/I
NH3 as N 610 mg/l
TKN as N 625 mg/1
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/l
PO4 as P 70507 mgA
R Dissolved as P 666 mSA
CdCadmium 1027 ugA
Cr :hromdum:Total 1034 USA
Cu-Copper 1042 VASA
Ni-Nickel 1067 USA
Pb-Lead 1051 USA
Zn-Zinc 1092 ug/l
Ag tiver 1077 USA
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/1
CaCalclum 916 019/1
Co -Cobalt 1037 u8A
Fe-lron 1045 USA
LI-Lithium 1132 ugA
Mg -Magnesium 927 mgA
Mn-Manganese 1055 ug/1
Na-Sodium 929 mgA
Arsenic:Total 1002 USA
Se-Selenlum 1147 USA
Hg-Mercury 71900 USA
Organochlorine Pesticides
Organophosptwrus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point R
Conductance at 25 C
Water Temperature
D.O. mg/l
plI
Alkalinity
Acidity
Air Temperature IC)
pH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1.
400 1 0
82244 1431
82243 i8z242
20
Salinity %
Preclpition Orr/dey)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth it
Stream Width it
480
45
32
36
1351
1350
35
64
4
DM1/Revised 10/86

DIVISION OF WATER QUALITY
Chemistry Laboratory Report I Water Quality
WJ $AMPLET_,}�P_E
COUNTY GREENE
PRIORITY
RIVER BASIN:
AMBIENT QA
STREAM
EFFLUENT
REPORTTO WARO Regiona101frce
COMPLIANCE Q CHAIN OF CUSTODY
LAKE
❑ INFLUENT
Other :
EMERGENCY VISIT ID
ESTUARY
COLLECTOR(S) : L HARDISON
17=
A
Lab Number :
2W8636
Date Received:
12/17/2002
Time Received:
8:50 AM
Received By
DS
�
Data Released :
0
AR
Date Reponed :
1 /312003
Estimated BOD Range: Stalion Locallon: POINT OF DISCHARGE
Seed: Chborinated: Remarks:
Station 0 Dale Begin (yylmmldd) Dale End (yy/mmldd) TIme Begin Tinre End Depth - DM, DB, DBM Value Type - A,11, L Composite-T, S, 11 I Sample Type
20021213 1 1 1530
DOD 310 m L
COD High 340 m /L
COD Low 335 m /L
Coliform: MF Fecal 31616 / I OOml
Colitb=7 MF Total 31504 /100m1
Coliform: rube Fecal 31615 / 100m1
Coliform: Fecal Strep 31673 / l0oml
Residue: Tota1500 rngIL
Volatile505 m /L
Fixed 510 m L
Residue: Suspended 330 m /L
Volatile 535 m /L
Fixed 54D m /L
H 403 units
Acidity to pH 4.5 436 m /L
Acidity to pH 9.3 435 m /L
Alkalinity to pti9.3415 m /L
Alkalinity to PH 4.5 410 L
TOC 650 m /L
Turbidi 76 NTU
Coliform Total Tube "/ 100 mis
COMMENTS :
Chloride 940 L
Chl a: Tri 32217 u /L
Chl a: Corr 32209 u / L
Pheo It tin a 32213 u /L
Color: True 80 c.u.
Color: H) 83 PH= c.u,
Color. PH 7.6 82 C.U.
Cyanide 720 m /L
Fluoride 951 m /L
Formaldehyde 71880 m /L
Grease and Oils 550 m /L
Hardness Total900 m /L
Specific Cond. 95 umhos/cm2
MBAS 39260 m /L
Phenols 32730 u /L
Sulfate 945 m /L
Sulfide 745 m /L
Boron
Tannin A Li in u L
HexavaleatChromium u /L
Bicarbonate m /L
Carbonate m /L
X
NH3 asN610
34
m L
x
TKN an N 625
40
m /L
X
NO2 plus NO3 as N 63D
10
m /L
X
P: Total as P 665
12
m /L
PO4 as P 70307
m /L
P; Dissolved as P 666
m /L
K-Potassium
m /L
Cd-Cadmium 1027
u /L
Cr-Chromium:Total1034
u L
Cu-Copper 1042
u /L
Ni-Nickel1067
u /L
Pb-Lead 1051
u /L
Zn- Zinc IU92
u /L
IV -Vanadium
u /L
A-Silver1077
u /L
Al- Aluminum 1105
u /L
Be - Be llium 1012
u /L
Ca- Calcium 916
L
Co -Cobalt 1037
u /L
Pe -Iran 1045
u L
JAN - 8 2003
Li -Lithium 1132 u L
Mg- Maesium927 m /L
Mn-Manganese 1055 ti/L
Na- Sodium 929 m /L
Anenic:Toml 1002 u /L
Se -Selenium 1147 u /L
H • Mercury 71900 u /L
Ba_Barium u /L
Organochlorine Pesticides
Organophosphorus Pesticides
Arid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Purgeable Organics OA bottle rc'
TPH Gasoline Range
TPH/BTEX Gasoline Range
Phytoplanklon

.....—..... -1 .-11 V lrlvl\Ili 1.1% 1 AL 01A14AUL AILIV t W A 1 LH QU IT
COUNTY QAPF eA.% PRIORITY
RIVER BASIN C S
REPORT TO: ARO FRO MRO RR aR0 IRO WSRO TS ❑AMBIENT ❑ A
AT BM ❑COMPLIANCE LJ CHAIN
Other OF CUSTODY
Shipped by: Bus Courier taff. Other' EMERGENCY
COLLECTOR(S): 1 SO �
Estimated BOD Range: 0.5/5-25/25.65/40-130 or 100 plus STATION LOCATION: 1 tII VA
40
Seed: Yes ❑ No❑ Chlorinated: Yee ❑ No ❑ REMARKS:~ +Tb
j3*
Station # Date Begin (yy/mm/dd) Time Begin I Date End
2e2o2 a , 1-61 1530 .
2
COD High 340
mall
3
COD Low 335
mg/l
4
CoIlform: MF Fecal 31616
/100ml
5
Collform: MF Total 31504
/100ml
6
Collform- Tube Fecal 31615
/loom]
7
Collform: Fecal Strep 31673
/100ml
a
Residue: Total 500
mg/l
10
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg/I
13
Fixed 540 mg/l
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/l
17
Alkalinity to pH 8.3 415 mg/1
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mgA
20
Turbidity 76 NTU
CAB FORM (DM1)
SAMFLE TYPE UA
L:J STREAM ❑ EFFLUENT
❑ LAKE ❑ INFLUENT
❑ ESTUARY
Chloride 940 mg/l
Chi a: TO 32217 ug/]
Chi a: Corr 32209 ug/l
Pheophytln a 32213 ug/I
Color: True 80 Pt -Co
Color -(pH ) 83 ADM[
Color: pH 7.6 82 ADMI
Cyanide 720 mg/1
Fluoride 951 mg/l
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/1
Hardness Total900 mg/1
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/1
Sulfate 945 mgA
Sulfide 745 mg/1
Lab Number
33
Date Receiveq
Time• • S0
Ree'd b : From: Bug -Course Hand Del
DATA ENTRY BY: CK:
DATE REPORTED -
A H L
113 as N 610 maA
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mall
P: Total as P 665 mg/l
PO4 as P 70507 mg/1
P: Dissolved as P 666 mg/l
CdCadmium 1027 ugA
CrChromium:Total 1034 usA
[Cu-Copper 1042 ug/l
NI -Nickel 1067 ug/I
Pb-Lead 1051 USA
ZrrZlnc 1092 ug/1
A liver 1077 u9A
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/l
Ca-Calclum 916 mall
Co -Cobalt 1037 ufl/l
Fe -Iron 1045 ug/l
T S B I C l G ') GNXX
Li-Llthlum 1132
u9/1
Mg-Magneslum 927
mg/I
Mn-Manganese 1055
ug/l
Na-Sodlum 929
mgA
Arsenic:Total 1002
ug/l
Se-Selenlum 1147
ug/l
Hg-Mercury 71900
ug/I
Organochlorine Pesticides
Orgmwphoepiwrus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature 10
D.O. mall
pH
Alkalinity
Acidity
Air Temperature K3
PH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 .
400 •
82244 431
82243 182242
20
Salinity R
Prec[pltlon On/day)
Cloud Cover 96
Wind Direction 0]eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft.
Stream Width ft.
480
45
32
36
1351
1350
35
641v
4
DMI/Revised 10/96

O�- �N A -r6
L4?H
Michael F. Easley
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7002 0860 0004 3075 1153
January 9, 2003
Mr. Ben Harper
Post Office Box 295
Snow Hill, North Carolina 28580
RE: Notice of Recommendation of Enforcement
Harper Swine Farm
Facility Number 40-146
Greene County
Dear Mr. Harper:
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Kimek, P.E. Director
Division of Water Quality
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality_ The recommendation concerns the violations of
North Carolina General Statute 143-215.1(a)(1) for discharging annual waste into waters of the State without a permit and violations of the
conditions in your Swine Waste Operation General Permit.
Harper Swine Farm, Inc., facility no. 40-146 is located off the NCSR 1335 approximately 0.5 miles from its intersection with NC
Huy 123 in Greene County, Ms. Hardison conducted an unannounced Compliance Inspection on December 13, 2002 at the subject
facility_ Ms. Hardison observed wastewater running off the spray field through the buffer area into a drainage ditch that empties into Sandy
Run of the Neuse River Basin_
On January 6, 2003, this office received irrigation records and an explanation for the violation. However, if you would like
to provide more information and any corrective action taken to prevent such violations from occurring in the future please send your
response within ten (10) days from receipt of this notice to:
Mr. Jim Mulligan
Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
Your explanations will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration.
Please be advised that anv violation of the terms and conditions specified in your Certificate of Coverage (COC), the General
Permit or the CAWMP may result in the revocation of your COC. or penalties in accordance with the North Carolina General Statute 143 -
215.6A through 143-215.6C including civil penalties, criminal penalties and injunctive relief
If you have any questions concerning this matter, please contact me at 252.-946-6481, east. 212 or Lyn Hardison at ext. 318.
Sincerely,
Jinn �gan
Water Quality Regional Supervisor
cc: Greene Cexmry soil and Water Conservation District
Premium Standard Farms ofNC
Mike Runs. NCCES
IvCDS WC-WaRO
Nan -Discharge Compliance Unit
WQ Central Files
WaRO
LBH Files
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

r-
Report to: V-)L"/-" WATER QUALITY SECTION Page _li of�l_
CHAIN OF CUSTODY (COC) RECORD
NC DEN"WQ LABORATORY (check one): [_Xj CELNTRAL (I ARO [ I WaRO
For Investigation of: Ben Harper Farm (## 40-146)
J11—
Sample collector (print name) Lyn B. Hardison
and DM-1 forms completed by: _Lyn Hardison
Sample collector's signature
/J
b_lit�
Field storage conditions and location (when applicable): Samples collected, stored in cooler, kept in the refrigerator transported
d tranorted to the regional office
in the collectors possession for further packaging for courier transport
Lab Use Only
LAB NO.
STAUON NO.
STATION LOCATION
DATE
SAMPLED
TIME
SAMPLED
IKUN $ER
OF
CONTAINERS
+ ,
A
Point of discharge
021213
1530
1
B
Upstream
021213
1540
1
Relinquished by (signature
Date
a74 7 G,
Time
16'(o
q��ed by (signature)�,
D e
Time
Relinquished by (signatur )'
Date
Time
Received by (signature):
to
Time
Relinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Method of Shipment (circle one): fate Corm Hand -delivered Federal Express UPS Other:
Security Type and Conditions: in
a bag with a security seat
Sealed by: Lyn Hardison
f�
�
X
1NTRALABORATORY CHAIN OF CUSTODY - Lab Use Only
LAB NUMBERS
FROM THROUGH
NUMBER
BOTTLES
ANALYSES
REQUESTED
RELINQUISHED
BY:
RECEIVED
BY:
DATE
TIME
1
1M

Report to:)A),-, f / en � �� WATER QUALITY SECTION
CHAIN OF CUSTODY (COC) RECORD
NC DENIUDWQ LABORATORY (Check one). 144 TIMAL [ J ARO [ ]WaRO
For Investigation of:
Sample collector (print name)
and DM-1 forms completed by
cz=I,,, I<'� Sample collector's signature:
Field storage conditions and location (when applicable):Q/`�
Lab Use Only
LAB NO.
STATION NO.
STATION LOCATION
DATE
SAMPLED
TIME
SAMPLED
NUMBER
OF
CONTAINERS
3Z
-i
t✓044,
t9 7a
: i�-
-,Sowil
10 o
333
G
tr , V r
6'2 0
d
elinquisbed by (signature
Date
Time
ive iglta
Relinquished by (signature :
Date
Time
Received by {signature}:
Date
Time
Relinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Method of Shipment circle one):
Securiry Type and Conditions:
State C and -delivered Federal less UPS
Sealed by: rok y:
Ot
INTRALA BORATORY CHAIN OF CUSTODY - Lab Use Only
LAB NUMBERS
FROM THROUGH
NUMBER
BOTTLES
ANALYSES
REQUESTED
RELINQUISHED
BY:
RECEIVED
BY:
DATE
TIME
kl 2.
till
'77
QA1FomtslSample ReceivinglCOC form WQ
Ll I ,SUN - 9 2W5
Wk5fi41iG101'4 REGIONAL OFFICE

fe JAN - 6 2003
Month Year 1-9 9 Da i 1 VVa - V , � ?
Date
Rainfall
Lagoon Level
Animal Population
5-ds�a�
7 7. 7
3j
5�,-�-o�
1�`
�7.7
6 -0 1
D
o2 F. t) , d
7
8
9 6 -- 30 -�s r
'z'"
ep
10 7- 7-a I
al
PZ5
11 _
12 -
13 - aS-�7
1,3S
•S
39 S`S
14
15 0 Y�
• ✓�i
5_
16
2313
S'S"
17
�7
19
20 1 -6)c
c2S-
21 _ - Q
307
22 1-30-Q
i'02.
S'
a 5- 3
23 -67-o1
:�).S Si
24/d-k-0)
0
25
26
27 /,I- ate- o !
?
28
2s ll- -off
30 QS--6)
31� -a-

Month Year 199 —7
Date
Rainfall
Lagoon Level
Animal Population
3 - )3 -- Q f
cam( G
0
R
7
�2
v� �
8 - - 02-
C2
9 b I. - d 2-
s.-
.2 4-1 Sr
102- - o
Ot tvl
11 j - f -0
12,01_ -Q
L
13 -61,
14 ,3- 0 7- d 2
Q
15
16 3 —,-2- O Z
17
19
21 r
22 �oZ
�.
J}
Q,93D
23_
24
25 -U�!�
1�z 121
26, 3Ci ' i
"
4
27 -- - 6 2
%� S+
1 7
28
29
:3Z>
30
%
PL2--�

Month Year 199
Date
Rainfall
Lagoon Level
Animal Population
2 7 -1 9
6
4'_
S'"r
5
6
7
8
9
Z-
1Q
2/ �
y$
12-
o
36
14
15
16
.2 4,
17
19 //—G
/
31
20
21
22
23
307
24
25
26
27
28
29
30
31

FORM IRRA Lagoon Liquid Irrigation Fields Record
For Recording Irrigation Events on Different fields
Farm Owner Facility NUniber 7f -1 77=
Irrigation Operator
Tract #
Field #
Date
mmlddl r
Crop Type
Field Size
acres
Irrigation Time
Number of
S rir�klers O eratin
-
7- ok
s- �3-62.,
y,
Poo
a
1 L
2�-7f
�-
JtMl

FORM IRR-2 �� 1
�Fr-e i
Tract H
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone 11
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Field H
G
5
aoai/aoa�
Facility Number I --- I
Irrigation Operator
Irrigation Operator's 'r1 y W tjv0 _ F w-
Address ti )) j
Operator's Phone It S-- O O
From Waste Utilization Plan
Crop Type l Recommended PAN Loading
`tJ (lblacre) = (a) m 4-cf,2-e�
f11 f91 M 141 MI ffil 171 ffn 191 11 n4 H 11
Sato
mmlddlyr
Irrigation
Wasio Analysis PAN'
(Ib110U0 gal)
PAN Applied
(lb/acre)
it_oo
t00
Nilrngon ❑alanco'
(lirlacrel
{I3} • (10)
Start Time
End Time
Total
lylinules
(3) - (2)
0 at Sprinklers
Operating
Flaw Rate
{gellmin}
Total Volume
(gallons]
(6) x (5) x 14)
Volume
per Acre
re
(gallac)
171
D6
ll .Od
1-a.o
t
c
134
- a o
--Y.
-rar
u.
, A
�. s
,L
Crop Cycle Totals V / ( &Y eU
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
jwrm!!yiiiiiiiiiiii��
NCDA Waste Anaylysis or Equivalent or NRGS Estimate, Technical Guide Section 633.
z Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (1 t) following each irrigalion event.

gaol/aooz
r
Fonm Inii-2
Tract 11
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone 1J
FAVEMM
I +
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number
Irrigation Operator
Irrigation Operator's
Address •� C T fir"
Operator's Phone 11 O
From Waste Utilization Plan
Crop Type Recommended PAN Loading AA
tlblacre) = (s) r'Y.Sr"
M 171 f91 (4) f5S 4M 171 rat M f1n1 flt1
Date
rnmlddlyr
lr f igalion
Waste Analysis PAN'
(lbl1000 gal),
PAN Applied
(lblacre)
--M 1 9
1 u0o
Nitrogen Balance'
(lblacre),
(B) - (10)
Start Time
End Time
Total
Minutes
(3) - (z)
N of Sprinklers
Operating
Flow Nate
(gal/min)
Total Volume
(gallons)
(6) x (5) x (n)
Volume
per Acre
(gaVacre)
(7)
A
U- -4(
o'uo
V 2 FO
Q2 . t .?
37
i�-►3-QS
"Du
4 Sao
_01
el 15
2° 9
CISIO
1310,37
1.0
10
__---13
Crop Cycle Totals i
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
t NCDA Waste Annylysis or Equivalent or NFICS Estimate, Technical Guide Section 633.
2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event.

oZ�llaoa 1
FORM IRrt-2 t
f tc;C
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone It
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number L (,
Irrigation Operator
Irrigation Operator's n e4 e d yL I —AGO t' „%.,,,
Address ' ! '
Operator's Phone 11
From Waste Utilization Plan
Crop Type Recommended PAN Loading
(lb/acre) = (B) lj
Ill 121 fah M 15l 161 Ill ltll r91 Im1 n 11
T 17 Field # ;r
1-2
M—
Date
rrrm/dd/yr
Inigalion
Wasle Analysis PAN'
(Ib11000 gal)
PAN Applied
(Iblacre)
_0 x lot
lotto
Nilrogon Balance r
(1h)acre)
(B) - (10)
Start Time
End Time
Total
Minuses
(3)_ (2)
# 0l Sprinklers
operaling
Flow Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
{74
A
b-aD -ot
'Da
' D
SO
1-31T5 1
3 R
!1 DI -0)
0,36
.3 Do
b
3(1 f 8O
! 171
1.0
/2.15)
022, J
Crop Cycle Totals I
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No
l NCUA Waste Anaylysis or Equivalent ar NRCS Estimate, Technical Guide Section 633.
2 Enter the value received by subtracting column (10) from (t3). Continue subtracting column (10) from column (11) following each irrigation event.

Fonm Inn-2 Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract !l Field it Facility Number ZISL
Field Size (acres) = (A)
Farm Owner Irrigation Operator
Owner's Address Irrigalion Operalor's
Address
Owner's Phone # Operator's Phone ll
From Waste Utilization Plan
Crop Type Recommended PAN Loading
pblacro) a (13) �� 7 5
III 19l +31 Ed1 E51 Eel 17% Ern +nl I++11. i[ n
Dale
mnlyld/yr
- o -Q
no
IrOgillion
wnsto Analysis PAN
(I1)/100[1 dal)
1 .2
PAN Appliod
phla+:ru}
—L1 -1-91—
1000
r
Nitrogon nalanco'
plrlacrej
(B) - OM
7
7 r a
Start Time
-b
End Time
6, aZ
Total
Minutes
(al - (2)
3"
N or Sp(tnkters
Operating
1
Flow Rate
(Elallmin)
/74'
Total Volt into
(gallons)
(6) x (5) x (AI
e-D D
elp t o--b
Volume
per Acre
(rJE1IlaCre)
_L7L
J2
b
', aD
' oIOU
v_
Crop Cycle Tolais I
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
NCDA Waste. Anaylysis or Equivalont or NA('S Estitnnte, Technical Guide Section 633.
? Enter the value received by subtracting column (10) Irorn (©). Continuo subtracting column (10) from coltmn (11) following ouch irrigation event.

I } C L
FORM IRR-2 Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract H
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone 11
Facility Number I L G
Irrigation Operator
Irrigation Operator's 4/of t--t
Address (jl Z
Operator's Phone 11
From Waste Utilization Plan
Crop Type Recommended PAN Loading
(lb/acre) = (B)
(1) (2) 13) f4) (5) (6) (7) (©)
(9)
(l0) 0 1)
Date
mrn/ddlyr
Irrigation
wasEe Analysis PAN '
(lb11000 gal)
PAN Applied
(lblacre)
{6) x (9)
1000
Nitrogen nalanro'
(thlacre)
(B) - (10}
Start Time
End Time
Total
Minutes
(3) - (2)
11 of Sprinklers
Operating
FFlowRala
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gal/acre)
(7)
(A)
26
,6ty
cIP&
3 Q
13 -2 L
r
Crop Cycle Totals
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
( NCDA Waste Anaylysis or Equivalent or NR(:S Estimate, Technical Guide Section 633,
Enter the Value received by subtracting column (10) from (0). Continue subtracting column (10) from column (11) following each irrigation event.

FORM IRR-2
�,, �� 4 -7
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract 11 "•r 1751R I Field I/ Facility Number
Field Size (acres) = (A) e ,
Farm Owner ► Irrigation Operator
Owner's Address �5e9 L.} Irrigation Operator's rl
I W : aG ca4 5,
L>7 f ilk � a - '
Address
Owner's Phone Il / l - 3 it --7 7 Operator's Phone 11 O nb
From Waste Utilization Plan
Crop Type - � Rocommended PAN Loading
(Ihlacre) _ (e)
ill of I31 141 IN% fM (7) I!M lql 11n1 nl�
Dale
mm
Irrigation
waste Analysis PAN
(IB/1000 gal}
PAN Applied
(Ib/acre)
-2}�L
1000
Nitrogen nalonco'
(Ihlacrcj
(B) • (1n)
51art Time
End Time
Total
Min [es
(3) _ u(2)
0 of Sprinklers
Operating
Flow Bate
(gal/min)
Total Volume
(gallons}
16) x (5) N (4)
Volume
per Acre
(gal/acre)ldd/yr
—UL
A
i
w
3J No
1
a T
I .i
,�j�
e J �/
op
1 a. r
r
Crop Cycle Totals [ J11
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
NCDA Waste Anaylysis or Equivalent or NFICS Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event.

FORM IRR.2
Tract #
Field Size (acres) _ (A)
Farm Owner
Owner's Address
Owner's Phone 11
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
).7 Field 11
r
L
Facility Number ell
Irrigation Operator.,
Irrigation Operator's a "6 C-j I _p r a
Address }� (.
Operator's Phone 11
From Waste Utilization plant
Crop Type Recommended PAN Loading
(lblacre) = (B.
(1) (2) (3) (4) (5) 16) (7) (©)
(so
Ila) fill
Dale
rnmldd! r
Inigalion
Waste Analysis PAN'
(fbll p0U gal)x
PAN Applied
(Iblacre)
9
igpg
Nil rngan nalarnca
(lblacre)
© 1 Q
Slant Time
End Time
Total
Minutes
(3) - (2j
N of Sprinklers
Operating
Plow Rate
(gallmin)
Total Volume
(gallons)
(6) x (S) x (4)
Volume
per Acre
(gallacre)
(7)
A
1,
r�
/�
C
('�
- o a
rI offc2
IS
aqj
/3
Z
12 mlo
I
eel._
Crop Cycle Totals
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
I NCDA Waste Annylysis or F_giiivalent or NnrS Estimate, Technical Guide Section 633.
z Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event.

p, 1( 6 �
Fonm Inn-2 Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract 11 E—/7fP Field it 'L Facility Number C
Field Size (acres) = (A)
Farm Owner Irrigation Operator
Owner's Address Irrigation Operator's
Address
Owner's Phone J1 Operator's Phone ll
From Waste Utilization Plan
Crop Type Recommended PAN Loading `
--� (Iblacre) _ (B) t f� J
111 121 M% (41 I51 IM 171 If11 M1 I1nl H It
Data
mmlddlyr
Inir)nlion
wash Analysis PAN'
(IbltDot) Dal)
PAN Applied
1 L
Moo
Nitrogen nalanea'
cre)
(B) - (I U)
Start Time
End Time
Total
Minutes
- (2)
Operating
Flaw Rate
(geUlnln)
Total Volume
(gallons)
(6) x (5) x (4)
Volunlo
per Acre
(gal/acre)
171
A
A
Crop Cycle Totals I
Owner's Siggnnture
Cerlilied Operator (Print)
Operator's Signature
Operator's Certification No.
NCI3A Waste Anaylysis or Equivalent or NFICS Eslimale, Technical Guide Section 633.
? Enter the value received by subtracting column (10) from (13). Continue subtracting column (10) from colt.lmn (1 1) follawillg each irrigation event.

Fonm Inn-2
Tract It
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone 11
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number a
trrigation Operator
Irrigation Operator's
Address
Operator's Phone 11
From Waste Utilization Plan
Crap Type ` Recommended PAN Loading �\
J J L� r e't tlblacre4 = (8) G1
N% 191 M1 (4) 1F11 181 M M) IM rinl ittl
Data
ttM /ddlyr
Irritfalinn
Waslo Analysis PAN'
(Ibl1 UUU qaE)
a 3
PAN Appliml
(lblacref
-)�)
1000
Nitingort nalanro'
phlacrv)
(8) - (10)
44. 41
Start Time
End Time
S")3p
Total
Minutes
(3i - (2)
r- ra
ff of Sprinklers
Operating
Flow Rale
(gallmin)
J 3
Total Vu[ume
(flattens)
(U) x (5) x (`1)
6
volume
per Acre
(gaNacre)
(71
1,3 ro ,
2L l
G -Z%
1
j 3
6t,
3
073
$
S G
Crop Cycle Totals t
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Cerlificalion No.
NCDA Waste Annytysis or Equivalent of NRC;S Estimale, Technical Guide Section 633.
2 Enter the value receiver) by subtracting column (10) from (t3). Continue subtracting column (10) from column (11) lollowing each irrigalion event.

Pilo 11 'IFW.
-
FORM lRn-2
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract 11 — +7 Field 11
Field Size (acres) = (A) -2 1
Farm Owner
Owner's Address
Owner's Phone 11
Facility Number G
Irrigalion Oporator
Irrigation Operalor's
Address
Operator's Phone 11
From Waste Utilization Plan
Crory Type Recommended PAN Loading /
(ihlacre). = (a) (�
f 11 t71 rah W f51 tf31 f 7t Iftt IM I I n1 l i lt
Male
mmlddlyr
trrir�nlion
wnsla Analysis PAN'
(lb/ 1000 Un1)
PAN Appliad
(ihlacrei
—U
1(1110
Nilrorinn rlalnnen'
(M/acm)
(a)
Slarl Timo
End Time
Tolal
Minutes
ia) - (2)
N of spriniicrs
Oporallny
Flaw Ralo
(r)allmin)
Tolal Volume
(9a11ons)
(6) x (s) x (4)
Vnluino
per Acre
(gal/acre)
Z
A
Crop Cycle Totals t t
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
l NCDA Waste Annylysis or Equivalent or NRCS Estimate, Technical Guide Section 633.
a Enter the value received by subtracting column (10) from (B). Continue subtracling column (10) from column (11) following each irrigation event.

NCDA Agronomic Division 4300 Reedy Creek Roaa Raleig, NC 27607=6465°: 919 733-2655
Re rt No. W04383 W
Grower- Harper, Ben
Copies To:
409 Wedgewood Arms
Greenville, NC 27858
1�
WteAnaiysisReThort S
Farm:
12/19/02
Pitt County
Sample info.
Laboratory Results
per million unless otherwise noted
Sample 1D:
N
P R Ca M S
Pe Mn Zn
Cu
B Mo Cl C
121602
Total 175
33.6 253 130 25.7 18.6
3.07 0.36 0.76
0.29
a.62
1N -N
Waste Code:
-N114
ALS
-NO3
Na Ni Cd Pb Al
Se Li pH
SS
C.•N DM% CCfj% ALE K al
86.6
7.30
Description:
OR-N
Swine Lagoon Li .
Urea
Recommendations;
Nutrients Available for First CroO
lbs/1000allons
Other Elements lbs/1000 gallons
Application Method
N P205 K20
Ca Mg S .. -Fe Mo.-...: : 2,'n, , . Cu
B Mo Cl
Na
Ni Cd Pb Al Se Li
Irrigation
0.73 0.45 2.0
0.76 0.15 0.11 0,02 T 0.01 T
T
0.72
RECEIVED
JAN - 6 2003
DWQ-WARD

NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 919 733-2655
Report No: W03030 W
Grower: Harper, Ben
Copies To:
409 Wedgewood Arms
Greenville, NC 27858
E)10/23/02
�w,.,,.,,„�,.w
st naiysisRvhort
ll
Farm:
Pitt County
Sample info.
Laboratory Results arts per million unless otherwise, noted
Sample ID:
N
P K Ca Afg. S
Fe Mn Zn
Cu
B Ma CI C
i
Total 238
62.6 386 135 38.4 22.4
3.12 0.43 1.48
0.42
0.80
IN -N
Waste Code:
-NH4
ALS
403
Na Ni Cd A Al
Se Li pH
SS
C:N DM% CCE% ALB K al
Description:
OR-N
114
7.39
Swine Lagoon Li .
Urea
Recommendations:
Nutrients Available for. First Crop
1bS11000 allows
Other Elements lbs/1000 gallons
Application Method
N P205 X20 Ca Mg S Fe Mn Zn Cu
B Mo Cl
Na
Ni Cd A Al Se Li
Irrigation
0.99 0.84 3.1 0.79 0.22 0.13 0.02 T 0.01 T
T
0.95

NCDA Agronomic Division 4300 Reedy creek Road Ralei h NC 276o7; 6465. 919 ..,733-2655 . Report No; W09298 W
Grower: Harper, Ben Copies To:
409 Wedgewood Arms
Greenville, NC 27858
wsteAnalysis
��, �,,,;.
effort Farr:
6/ 6/02 Pitt County
Sample Info.
Laboratory Results arts Per million unless otherwise notedi
N P K Ca Mg S Re Mn 7n C14 R Mo C/ C
Sample ID:
053002
lulu! 277
44.2 369 122 27.2 13.4 3.06 0.31 0.58 0.23 0.69
IN -N
Waste Code:
-Nl14
ALS
-NO3
NO Ni Cd Pb Al Se Li pH SS C:N DM% CCE% ALC K al
I qG 6.99
Description:
OR-N
Swine La onn Li .
Urea
Recotnniendations: Nutrients Available for -First Crop M11000,
Other )Eleinents lbs11000 allons
Application Method N P205 K20 Ca Mg S Pe. Mn.. zP_ Cu B Mo Cl
Na. Ni C.d Ph Al Se Li
Irrigation 1.2 0.59 3.0 0,71 a.16 I o.m. 0.02. T: T T T
.0.89
Please be sure to rill out the waste analysis Information sheet com letel . We need to know the t e of waste (waste codes
y y yp are l€died on back of the forte), a brief description, and the application methods) that you
intend to use (listed on lower right side of front). Thank you very much,
8 y
€'he pi -I of the lagoon liquid is below the ideal range for bacterial action and waste treatment, Gradually adjust pkl by adding I lb. of agricultural lime per 1000 cu. ft. of liquid remaining In the lagoon. Sample the lagoon
Pionthly and continue to adjust pH until it is within the desired range of 7.0-8.0.

NCDA Agronomic Division 4300 Reedy Creek Road Raleigh,NC 27607-6465 919 733-2655
Report Na: W05531 W
Grotuer:
Harper, Ben
Copies To:
409 Wedgewood Arn►s
Greenville, NC 27858
E)w
J L GAnalysis
G�V rL
11
Farm:
2/ 5/02
Pitt County
Sample Info.
Laboratory Results arts per million unless otherwise noted)
Sample ID:
N
P X_ Ca Mg S
Fe Mn Zn
Cu B MO C1 C
0001
M1141 221
29.2 322 112 21.6 13.9 2.73 0.23 009
0.22 0.59
1N -N
Waste Code:
-NH4
ALS
-NO3
Na Ni Cd Pb Al
Se La H
SS C-N DM% CCE% ALF,(R al
96.4
6.93
Description:
OR-N
Swine Lagoon Lic .
Urea
Recommendations:
Nutrients Available for First Crop
lbs11000gallons
Other Elements lbs/1000 gaUons
AApplication Method
N P 205 K 20
Ca Mg S Fe Mn Zn Cu
B Mo Cl
Na Ni Cd P6 Al Se Li
Irrigation
0.92 0.39 2.6
0.65 0.13 0.08 0.02 T T T
T
0.80
he pH of the lagoon liquid is below the ideal range for bacterial action and waste treatment. Gradually adjust pH by adding 1 lb, of agricultural lime per 1000 cu. ft. of liquid remaining in the lagoon. Sample the lagoon
Oonthly and continue to adjust PH until it is within the desired range of 7.0-8.0.

NCOA A rono ic: Rivisia . 4300 Reed Crei�k,Raad.,, alei h, NC ; 27s07-G465 19 :733- 0 .... Report No: WO3592 W
Grower.- Harper, Ben Copies To.
409 Wedgewood Arms
Greenville, NC 27858
rr�,v�a
riteAnalysis R Phort Farm.
1117101 Pitt County
Sample Info.
Laborato Results, arts per miiliellunless otherwise noted
Sample ID:
N
P K Ca N1
S Fe Mn Zn
CU B
Mo Ci C
Total 245
39.7 358 19.6 16.3
24.4 2.81 0.19 0.81
0.40 0.58
IN -N
Waste Code:
-NH4
ALS
-NO3
Na Ni Cd Pb
A] Se Li PH
SS C:N
DM% CCE% ALEN'?O
Description:
OR-N
178
6.77
Swine Lagoon Lig.
Urea
Rocommendation4_N
_ mo.. r
Nutrients Available for First Crop � � l6s/1Q��r�l{ans�
Other Elements
1bs110at)D11rrrs
Application Methatl
1J PSG ] >
Ca Mq S Fe Mn
rt Ctr E lLla G1'
Na Ni: Cd
Fr) A! e 0
Irriyatitin
1.(} 0.53 2.9
0.46 0.10 0.14 0.Oz T rG Or
I T T
1.5
ftie pid of the lagmn h uid is belpw ittc ideal range fear bacterial
., 1 �
action ano waste uealmont. GCaduall" & ust
7 9
1H b adPi 14 .Of a ricr;ltwal lime er 1000 cu. ft. d q uid re,nrainin
R Y 9� R P � 9
in the lagoon, Saar i8 the lagoon
11 R 9
nqnqjjI and writinuc to d usl: plj un14 it is Within the G# 5jrerl raijw of 7.0.8,0.

NCDA Agronomic Division
4300 Reedy Creek Road. Rdeigh, NC
27607-6465
919 733-2655
Report No: 38074
Grower:
Harper, Ben
Copies to:
409 Wedgewood Arms
Greenville, NC 27858
..r
Test Report
p�..,
oil
Farm:
6/ 7/02 SERVING N.C. CITIZENS FOR OVER 50 YEARS
Greene County
Agronomist Comments:
C -- 12, 3
Field Information
lied Lime
Recommendations
Crop or Year
Lime
N
A05 KO
Mg Cu
Zn
B
Mn
See Note
Sample No. Last Crop
Mo Yr T/A
00001 Berm 1-Iay/P,,Ls,M
Ist Crop; Berm Dehyd,E
2.9T
120-240
0 0
0 0
0
0
12
2nd Crop:
Test Results
Soil Class HM% W/V CEC BS%
Ac pH P-1 K-1
Ca% Mg%
Mn-1 Mn-AI (1) Mn-AI (2) bi-I
Zn-Al
Cu-I
S-1
SS-1
NCB-N AH-N Na
MIN 0.46 1.06
6.8 56.0
3.0 4.4 374 213
26.0 14.0
153
101 186
186
78
85
[11
Field Information
Applied Lime
Recommendations
Sample No. Last Crop
Mo Yr TIA
Crop or Year
Lime
N
P105 A0
Mg Cu
Zn
B
Mn
See Note
00002 Cotten
1st Crop: Corn Grain
0
I20-160
0 0
0 0
0
[)
3
2nd Crop:
Test Results
Soil Class HM% W/V CEC BS%
Ac pH P-1 IC 1
Ca% Mg%
Mn-1 Mn-AI (1) Mn-AI (2) Zn-1
Zn-AI
Cu-1
S-1
SS-1
NO3-N Nil -IV Na
MIN 0.27 1.37
4.0 85.0
0.6 5.8 148 121
57.0 13.0
53
52 ;106
206
69
41
0.1
Field Information
Applied Lime
Recommendations
Sample. No. Last Crop
Mo Yr T/A
Crop or Year
Lime
N
R05 A0
Mg Cu
Zn
B
Mn
See Note
00003 '1'ohacco FC
Ist Crop: Corn Grain
.3T
120460
0 0
0 0
0
0
3
2nd Cro r:
Test Results
Soil Class HM% W/V CEC BS%
Ac pH P-1 K 1
Ca% Mg%
Mn-I Mn-Al (1) Mn-AI (2) 7n-I
Zn-AI
Cu-1
S-1
SS -I
N08-N NIL-N Na
MIN 0.36 1.28
3.5 74.0
0.9 5.7 187 89
48.0 14.0
44
43 92
92
44
37
0.0
Field Information
Applied Lime
Recommendations
Sample No. Last Crop
Mo Yr T/A
Crop or Year
Lime
N
M5 W
Mg Cu
Zn
B
Mn
See Note
01f0114 Soybeans
Ist Crop: Corn Grain
1.2T
120-160
0 0
0 0
0
0
3
2nd Crop:
Test Results
Soil Class HM% W/V CEC BS.6
Ac pH P-1 K 1
Ca% Mg%
Mn-1 Mu -AI (1) Mn-AI (2) Zn-1
Zn-AI
Cu-1
S-1
SS-1
NQ-N NHt-N Na
MIN 0.36 1.14
5.6 71.0
1.6 4.0 257 337
30.0 11.0
51
48 I24
124
46
134
0.1

N.C. 'WATER POLLUTION CONTROL SYSTEM OPERATORS
CERTIFICATION COMMIS_ S_ION
8 X, s y
`n a Mg, f�i4
tGRADE _
�CtRT=nF
1 y
�q> f
Ll
s a duly Certified Water P°of luf4 I System Operator under
provisions of Article 3; Cheiptee-%9 f the General Statutes of North
f Carolina fdr the year:
l
SIGNATURE OF -OPERATOR
. ATOR CHAIRMAN
(SEE REVERSE SIDE)
N.C. WATER POLLUTION CONTROL SYSTEM OPERATORS
CERTIFICATION COMMISSION
RECEDED
JAN - 6 2003
GRADE Bents a n TCE rum DWQ-WARD
?fit
1 528
is a duly Certified Water Pollution Control System Operator under
Provisions of Article 3, Chapter 90-A of the General Statutes of North
Carolina for the year;
S1
GNATURE OF OPERATOR . CHAIRMAN
(SEE REVERSE SIDE)

IMPORTANT!!
1. In order to maintain active certification;
annLial renewal is required upon receipt
of billing.
2.
r
Notification of any change of address or
place of employment must be made
immediately to the Office of the Chairman.
t
WPCSOCC
1618 Mail Service Center
Raleigh, N.C. 27699-1618
4
- - -�Y - -� - -- - ���-��- _ -vim». -. _-' _. - '"' • _
Il"'V1PORTANT! l
1. In order to maintain active
annual renewal is required
of billing.
�Ei
JAN T 6 2003
` WQ-WARO
ceriificatio� �,
upon receip�
2. Notification of any change of address or
place of employment must be made
immediately to the Office of the Chairman.
WPCSOCC
1618 Mail Service Center
Raleigh, N.C. 27699-1618

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Animal Waste Management Systems
Request for Modification to Existing Certificate of Coverage for State Non -Discharge Permit
The following questions have been completed utilizing information on file with the Division. Please review the
information for completeness and make any corrections that are appropriate. If a question has not been
completed by the Division, please answer it to the best of your ability. Do not leave any question unanswered.
By submitting this application you are requesting a modification to the current Certificate of Coverage for this facility
to reduce the permitted number of animals. Should you wish to increase your animal numbers in the future, you will
be required to apply for a modified Certificate of Coverage and be may be issued coverage under the NPDES permit
as appropriate.
I Facility Number: 40 - 146 or Permit Number: AWS400146
2 Facility Name: Harper Swine Farm
3 Landowner's name (must match the name on the Certified Animal Waste Management Plan): Ben Harper, Jr.
4 Landowner's Mailing address: 309 West Greene Street
City, State: Snow Hill NC
Telephone Number (include area code): [phone]
5 County where facility is located: Greene
6 Farm Manager's name (if different from Landowner):
7 Farm Manager's telephone number (include area code):
Zip: 28580
Submit a copy of a modified Waste Utilization Plan for the requested animal numbers with this application. The
Waste Utilization Plan must be signed by the owner and a technical specialist.
I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance
with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by
a fine of not more than $10,000 or imprisonment of not more than 5 yearn, or both for a similar offense.)
Printed Name of Signing Official (Landowner, or if multiple Landowners, all landowners should sign. if Landowner is a
corporation, signature should be by a principal executive officer of the corporation):
Name: �—�,� Title: (-�,►��J
Signature: / l Date:
THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
TELEPHONE NUMBER: [phone] FAX NUMBER: [phone]
Request for Modified COC

WASTE UTILIZATION PLAN
North Carolina Cooperative Extension Service
Thursday, May 30, 2002
Producer, BEN HARPER JR.�
Farm Name: HARPER AND SON
Telephone #
Type of Operation :
309 W. GREENE ST.
SNOW HILL,NC 2B580
[phone]
Feeder to Finish Swine
Number of Animals : 4000 hogs design capacity
Application Method: Irrigation
JAN - 6 2003
The waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should be
used to reduce the amount of commercial fertilizer required for the crops in the fields where
waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil tests are strongly
encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be
grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and avaialable water holding capacities. Normally waste shall not be applied to
land eroding at greater than 5 tons per acre per year_ With special pre -cautions, waste may
be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on
saturated soils, when it is raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM regulations. Wind
conditions should also be considered to avoid drift and downwind odor problems. To
maximize the value of the nutrients for crop production and to reduce the potential for
pollution, the waste should be applied to a growing crop or applied to bare ground not more
than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and
reduce odor problems.. This plan is based on waste application through irrigation for this is
the manner in which you have chosen to apply your waste. If you choose to inject the waste
in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating
waste 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. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste
utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H.0217 adopted by the Environmental Management Commission.
Pa00 I of 4

AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
4000 hogs X 1.9 tons wastelhogslyear = 7600 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
4000 hogs X 2.3 Ibs PANlhogslyear = 9200 PAN/year
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown,
soil type and suface application.
TABLE 1 : ACRES OWNED BY PRODUCER
TRACT FIELD SOIL TYPE &CLASS- CROP YIELD. LBS AW COMM ACRES LBS AW APPLIC.
DETERMINING PHASE CODE NIACRE WACRE USED TIME
1768
• 2
NORFOLK 0-2%
C
115
123.75
20
4.59
568.013
MAR-JUN
1788
2
NORFOLK 0-2%
W
60
120
0
4.59
5W.8
SEP APR
1788
2
NORFOLK 0-2%
SB
35
140
0
4.59
642.6
APRSEP 15
1788
3
NORFOLK 0-2%
C
115
123.75
20
2.3
284.625
MAR-JUN
1788
3
NORFOLK 0-2%
W
60
120
0
2.3
276
SEP-APR
1788
3
NORFOLK 0-2%
SB
35
140
0
2.3
322
APR-SEP 15
1788
• 4
NORFOLK 0-2%
C
115
123.75
20
1.38
170.775
MAR -TUN
1788
• 4
NORFOLK 0-2%
W
60
120
0
1.38
165.6
SEP-APR
1788
4
NORFOLK 0-2%
SB
35
140
0
1.3B
193.2
APR-SEP 15
1788
5
NORFOLK 0-2%
C
1151
123.75
20
1.83
226.463
MAR-JUN
1788
5
NORFOLK 0-2%
W
60
120
0
1.83
219.6
SEPAPR
1788
5
INORFOLK 0-2%
Sa
35
140
0
1.83
256.2
APR-SEP 15
1788
6
NORFOLK 0-2%
BH
6.1
305
0
4.59
1399.95
APR-SEP
1788
- 6
NORFOLK 0-2%
SG
1
50
0
4.59
229.5
SEP-MAY
1788
7
NORFOLK 0-2%
BH
6.1
305
0
4.59
IM0.95
APRSEP
1788
7
NORFOLK 0-2%
SG
1
50
0
4.59
229.5
SEP-MAY
1788
8
NORFOLK 0-2%
BH
6.1
305
0
2.63
802.15
APRSEP
17W
8
NORFOLK 0-2%
SG
1
50
0
2.63
131.5
SEP-MAY
TOTALS. 6130.49
Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals-
* Indicates a Crop Rotation
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in
some eastern counties of NC to have a nutrient management plan that addresses all
nutrients. This plan only addresses Nitrogen.
Pang 2 of Q

TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land. See required specifications 2.)
TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC.
DETERMINING PHASE CODE WACRE NlACRE USED TIME
1737
1
NORFOLK 0-2%
KF
115
143.751
0
4.59
659.813
MAR-JUN
1737
10
NORFOLK 0-2%
KF
115
143.751
0
2.98
428.375
MAR JUN
1737
11
NORFOLK 0-2%
KF
115
143.751
0
3.44
494.5
MAR-JUN
1737
12
GOLDSBORO 0-2%
KF
115
143.75
0
3.67
527.563
MAR-JUN
1737
2
NORFOLK 0-20A
KF
1 i 5
143.75
0
4.36
626.751
MAR-JUN
1737
3
NORFOLK 0-2%
KF
115
143.75
0
3.67
527.563
MAR-JUN
1737
4
NORFOLK 0-2%
KF
115
143.75
0
2.86
411.125
LIAR-JUN
1737
5
NORFOLK 0-2%
KF
115
143.75
0
2.64
379.5
MAR-JUN
1737
6
NORFOLK 0-2%
KF
115
143.75
0
2.29
329.188
MAR-JUN
1737
7
NORFOLK 0-2%
KF
115
143.75
0
1
143.75
MAR-JUN
1737
a
NORFOLK 0-2%
KF
115
143.75
Q
2.75
395.313
MAR-JUN
1737
9
NORFOLK 0-2%
KF
115
143.75
01
2.75
395.313
MAR-JUN
TOTALS: 531 B.75
Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
* Acreage figures may exceed total acreage in field due to overseeding.
**Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial
nitrogen (COMM N) supplied.
The following legend explains the crop codes used in TABLES 1 and 2 above:
CROP CODE
CROP
C
CORN
BH
HYBRID BURMUDAGRASS-HAY
KF
KENNAF
SG
SMALL GRAIN OVERSEEDED
SB
SOYBEANS
W
WHEAT
UNITS LBS MfUNrr
BUSHELS 1.25
TONS 5o
AC 50
BUSHELS 4
BUSHELS 2.4
Pan* 2 of 4

TOTALS FROM TABLES 1 AND 2
ACRES LBS AW
N USED
TABLE 1 .L 1! I 6,130
ABLE 2 371 5,319j
TOTALS. k 11,449
AMOUNT OF N PRODUCED. 9,200
"BALANCE -2,249
' This number must be less than or equal to 0 in order to fully utilize the animal waste N
produced.
Acres show in each of the preceeding tables are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter
areas not receiving full application rates due to equipment limitations. Actual total acres in the
fields listed may, and most likely will be, more than the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of
sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary
measures to prevent over application of nutrients or other elements. Your production facility
will produce approximately 1480 pounds of plant available nitrogen (PAN) per year in the
sludge that will need to be removed on a periodic basis. This figure is PAN when
broadcasting the sludge. Please be aware that additional acres of land, as well special
equipment, may be needed when you remove this sludge.
See the attached map showing the fields to be used for the utilization of waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the soil at the time of
irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture
content, soil structure, soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the soil at the time of
irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the
crop.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 5.92 months. In no instance should the volume of
waste being stored in your structure be within 1.7 feet of the top of the dike.
If surface irrigation is the method of land application for this plan, it is the responsiblity of the
producer and irrigation designer to ensure that an irrigation system is installed to property
irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application rates and amounts.
APPLICATION APPLICATION
TRACT FIELD SOIL TYPE CROP RATE (inlhr) AMT (inches)
1737
1, 10,11, 2,3,4.5.6. 7, a, 9
NORFOLK 0-2%
KF
"1
1737
12
GOLDSBORO 0-2%
KF
'1
1788
•2, •3, •4, •5
NORFOLK 0-2%
W
0.50
'1
1788
--6, -7, -&
NORFOLK 0-2%
SG
0.50
'1
1786
02, •3, •4, •s
NORFOLK 0-2%
SS
0.50
'1
1788
02,'3, 04, •5
NORFOLK 0-2%
C
0.50
'1
1788
6, 7, 9
NORFOLK 0-2%
SH
0.50
*1
* This is the maximum application amount allowed for the soil assuming the amount of
nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Panes A of 9

NARRATIVE OF OPERATION
KENAT
roe KEw F Atc -j"r SA
!+
OBI-�1=tiJzrryA-}� iv..oM lNp�l}i 1
CQeM (GeA,-Il)
"Li"kin CWPtvjmve L-knzljul ,j
Pan& A. of 4

PLANS & SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every
day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land to property dispose of waste. If the producer
does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy
of a written agreement with a landowner who is within a reasonable proximity, allowing
him/her the use of the land for waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility to secure an update of the Waste
Utilization Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climate conditions, and level of
management, unless there are regulations that restrict the rate of application for other
nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RMS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves
the field. These fitter strips will be in addition to "Buffers" required by DEM. (See FOTG
Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the
waste may be broadcast provided the application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference -
Environment file for guidance.)
*7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order to control conditions conducive
to odor or flies and to provide uniformity of application.
8. Animal waste shalt not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with
a high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a crop on bare soil.
11. Any new swine facility sited on or after October 1, 1995 shall comply with the following:
the outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from anv residential property boundary
pang 9 of A

and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste
other than swine waste from facilities sited on or after October 1, 1995), shall not be applied
closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landownwer.
14. Waste shall be applied in a manner not to reach other property and public right - of ways
15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted croplands
provided they have been approved as a land application site by a "technical specialist".
Animal waste should not be applied on grassed waterways that discharge directly into water
courses, except when applied at agronomic rates and the application causes no runoff or drift
from the site.
*16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
*17. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where
considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms
and structures should be inspected regularly for evidence of erosion, leakage or discharge.
*18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
*19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be
kept on site.
20. Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption, it should only be applied as a preemergence with no other applications of
animal waste during the crop season.
*21. Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to mark
the maximum storage volume fpr waste storage ponds.
22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soils shall be monitored and alternative crop sites
shall be used when these metals approach excessive levels. pH shall be adjusted for
optimum crop production amd maintained. Soil and waste analysis records shall be kept for
five (5) years. Poultry dry waste application records shall be maintained for three (3) years.
Waste application records for all other waste shall be maintained for five (5) years.
pa -"A 7 of 4

23. Dead animals will be disposed of in a manner that meets North Carolina Department of
Agriculture regulations.
* Liquid Systems
Parta R of 4

NAME OF FARM: HARPER AND SON
OWNER I MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications and the operation and
maintenance precedures estalished in the approved animal waste utilization plan for the farm
named above. I (we) know that any expansion to the existing design capacity of the waste
treatment and/or storage system or construction of new facilities will require a new utilization
plan and a new certification to be submitted to DEM before the new animals are stocked.
I (we) understand that I must own or have acces to equipment, primarily irrigation equipment,
to land apply the animal waste described in this waste utilization plan. This equipment must
be available at the appropriate pumping time such that no discharge occurs from the lagoon
in a 25-year 1-day storm event. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACILITY OWNER: BEN HARPER JR.
r �� - d �
SIGNATURE: �� '.� DATE: ��
NAME OF MANAGER (if different from owner):
please print
SIGNATURE: DATE:
NAME OF TECHNICAL SPECIALIST: BRIAN TINGEN
AFFILIATION: PRIVATE
ADDRESS (AGENCY): 404 PEAKBRANCH RD
SNOW HILL, NC 28580
(252) 747 -2205
SIGNATURE: 1 DATE: S- 3o't�
Pam 9of9
A

P. l
ANIMAL WASTE UT I L I?AT i ON f`GREEMeNT 7'
to ar.�ply waste frown ttis An'juial Waste Man, -System on
SO acres cif rev land for the entire durati:-n of time that. his
animal [iroduction facility is in opera<t-i:-n.
I understand that this waste contains •,it.rogen, Phosphorus.
8114:1 00t&%f-i, and wtjer, properly applied will not hakrni trey imnd or
crops. and will reduce my need for COMMerc ial fertilizer.
I further .understaTij that this anircal waste must to applied tr,
corn, grain sorghum. 9013.I1 gr&inS, weeds. Cr grasses,
Adjacent- Landowner��
West, -Producer_-_ _ __ Date���_�

• r �' r,+(�tl'• �f14�', ,•q��"ter �� ! �' � r /.� i.0. h"'A
+`!ii ■- 'All � �! � y�� I } _n. i� ..L1_,.,_.I.�.
+t. a� -� 'i~ `\V. � � 1 Vl � ! �+e''(.`'•IJY�a�� �• ''.�i a]fr�
t. -
r
'r 'rem :++ 'S- ya �• y- ,• 'r iryry.' t - � ,F V ' 4 _ � ~�
ts
Li
L ON
Yy "sit ► ��'~ 1
h, y.AY °i'k N'r 9r_.l r`/ .�,` • �N'Y ,- • p. 'l ° • ��. �'� A� l; ` ` �kl '�.' .- M�'• �:�.Y. ' `
�• F�^.t �.+� ,t' eti'y�y � a` a 1j1 � ,T,� ` • I Fi '}.�' T!
mm
`'�, • 9:/

BEN HARPER AR,
WETTABLE ACRES DETERMINATION
T-1718
1. V0 * 1000 - 4 59 ACRES
2. 2M * 1000 =4.59 ACRES
3. 100. 1000 - 2.3 ACRES HALF CIRCLE
4. 200.300 - 1.38 ACRES
5 200.400 - 1.93 ACRES
6. M0. 1000 - 4 59 ACRES
7. 200 " 1 A00 - 4.59 ACRES
8, 100 * 400 - 0.91 ACRES HALF CIRCLE
1 �0 " 500 = 1.72 ACRES PART CIRCLE
q -ZZC-'W r,y �p L SZ
T-1737 LEASED
May 5. 1999
1. 200. 1000 = 4.59 ACRES
2. 200950 - 4.36 ACRES
3. 200. 900 - 3.67ACRES
4. 200. 625 = 2,96 ACRES
5. 200 ` 575 = 2.64 ACRES
6. 200 • 500 - 2 29 ACRES
7. 110. 400 = 1.0 ACRES HALF CIRCLE
A. 200 •600 ; 2.75 A['RES
9.200.600 = 2.75 ACRES
10. 200' 650 = 2.99 ACRES
11 200 ' 750 s 3.44 ACRES
12. 200.800 -3.67 ACRES
19 3-1d

. Report to: RATER QUALITY SECTION
CHAIN OF CUSTODY (COC) RECORD
NC DEN"WQ LABORATORY (d-& on* Pq CENTRAL f ] ARO f f WaRO
Page_1` of,1_
For Investigation of: Ben Harper Farm (# 40-146)
Sample collector (print name) Lyn B. Hatdison
and DM-1 forms completed by: Lyn Hardison
Sample collect" 's signature
/J ,
Field storage conditions and locabpn (when applicable): Samples collected, stared m cooler, kept m the refrigmatortland tramsported to the regional office
in the collectors possession for further packaging for courier transport
Lab Use Ono:.
LAB NO.
STATIONNO.
STATIONLACATION
DATE
SAMPLED
TDJE
SAMPLED
NUMBER
OF
CONTAINERS
A
Point of discharge
021213
1530
1
B
Upstream
021213
1540
1
Relinquished by (signature • -
Date
D7474
Time
)164-0
Received by (signature):
Date
Time
Relingaished by (signatuW)61
Date
Time
Received by (signature):
Date
Time
Relinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Method of Shipment (circle acne): fate Court Hand -delivered Federal Express UPS Other.
Security Type and Conditions: in Sealed by. Lyn Hardison �1k
a bag with a security seal
Brobmby
LN11CAlL.Ai5UXAJAPXX LMAM Ur UUMU101f - JAD U3e UW
LAB NUMBERS NUMBER ANALYSES REI
FROM THROUGH BOTTLES REQUESTED BY:
RECEIVED DATE TIIAE
BY:

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY GAF-15KIF
PRI` ORITY
TYPE
/
1
RIVER SIN'TO.
❑AMBIENT
�S-ABMPLPLE
'U�STREAM
PRO M
REPORT TO: ARO FRO MRO RA
T
aR0 IRO WSRO TSAT
EFFLUENT
BM❑COMPLIANCE
FCH.ArN
❑
❑
LAKE
INFLUENT
Ocher OF CUSTODY
Shipped by: Bu Courier t If, Other' ❑EMERGENCY ESTUARY
COLLECTOR(S): � n I
c y
Estimated DOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: r`l�l
Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑ REMARKS: 40' tL�b e,
!Station # Date Begin (yy/mm/dd) I Time Begin Date End Time End Depth DM DB
12t,02 12 . l d 630
1
HODS S10 mg/1
2
COD High 340 m9A
3
COD Low 335 mg/1
4
Collform: MF Fecal 31616 /IOOml
5
Collform: MF Total 31504 /loom[
6
Collform: Tube Fecal 31615 /100ml
7
Collform: Face[ Strap 31673 /100ml
g
Residue: Total 500 mg/I
9
Volatile 505 mg/1
10
Fixed 510 mg/I
1 1
Residue; Suspended 530 mg/1
12
Volatile 535 mg/1
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/1
is
Alkalinity to pH 4.5 410 mg/I
1 g
TOC 680 rng/l
,ram
Turbidity 76 NTU
Chloride 940 mg/1
Chi a: Trl 32217 ug/1
Chi a: Corr 32209 ug/1
Pheophytln a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color. pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 95I mg/1
Formaldehyde 71980 mg/1
Grease and Oil@ 656 mg/1
Hardness Total900 mg/1
Spectfic Cond. 95 uMhos/cm2
MBAS 38260 mg/I
Phenol@ 32730 ug/1
Sulfate 945 mgA
Sulfide 745 mg/I
Pnr unh tie.. nmr.v
Lab Number:
Date Received: Time:
Rec'd by: I From: Bus -Courier -Hand Del
DATA ENTRY BY: CK:
DATE REPORTED:
A H L
H3 as N 610 mgA
TKN as N 625 mg/1
NO2 plus NO3 se N 630 mg/I
V. Total as P 665 mg/1
PO4 as P 70507 mgA
P: Dissolved as P 666 mg/1
CdCadmlum 1027 USA
CrChromlum:Total1034 uBA
Cu-Copper 1042 us/1
Ni-Nickel 1067 u0/1
Pb-Lead 105I ug/1
Zn-Zinc 1092 ugA
Ar6ilver 1077 ug/I
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca-Calclum 916 mgA
Co -Cobalt 1037 ug/I
Fe -iron 1045 ug/I
T S B 1 C/ G') GNXX
LI-Llthlum 1132
ug/I
Mg-Magneslum 927
mg/1
Mn-Manganese 1055
ug/1
Na-Sodlum 929
mg/1
Arsenlc:Total 1002
ug/I
Se -Selenium 1147
ug/l
Hg-Mercury 71900
ug/1
Organochlorine Pesticides
Organophosplwius Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Pointill
onductance at 25 C
Water Temperature Ja
D.O. mgA -
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
to
Soo •
400 If
822" 431
82249 182242
20
Salinity X
Preclpitlon On/doy)
Cloud Cover X
Wind Directlon 0)eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Rean Stream Depth It
Stream Width it.
480
46
132
136
1351
1350
35
64
4
DMI/Revised 10/86
1 4

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
Cnl]NTY !4 RSE Oa
PRIORITY
SAMPLE TYPE
RIVER BASIN Na)s F ,=!! �
[]AMBIENT
❑
STREAM
❑ EFFLUENT
REPORT TO: ARO FRO MRO RRO IRO WSRO TS
QA
tYJ
AT BM
❑COMPLIANCE
� �
❑LAKE
❑ INFLUENT
Other
L✓J CHAIN
OF CUSTODY
❑
EMERGENCY
ESTUARY
Shipped by: Bus ourter tali, Other
r
COLLECTOR(S); 1-1
J7 U
Estimated BOD Range: O-5/5-25/25.65/40-130 or 100 plus STATION LOCATION:rV"
Seed: Yes ❑ No❑ Chlorinated: Yes ❑ No ❑ REMARKS: " 410 1 y � AAA, 1� 1f�P✓
Low
Station # Date Begin (yy/mm/dd) Time Begin Date End Time
ZGb2. 12
1
BODS 310
mg/1
COD High 340
mgA
2
3
COD Low 335
mg/1
4
Collform: MF Fecal 31616
/100ml
5
Collform: MF Total 31504
/100m1
6
Collform: Tube Fecal 31615
/IOOm?
7
Collform: Fecal Strep 31673
/loom]
8
Residue: Total 500
atgn
Volatile 305
mg/1
14
........, .�,.
11
Residue: Suspended 530 mg/1
12
Volatile 535 mg/1
13
Foxed 540 mg/1
14
PH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/l
17
Alkalinity to pH 8.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/l
19
TOC 690 meA
20
Turbidity 76 NTU
Chloride 940 mg/1
Chl a: Tri 32217 us/1
Chi a: Corr 32209 ug/l
Pheophytln a 32213 ug/1
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/1
Fluoride 951 mg/1
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/I
Hardness Total900 m8/1
Specific Cond. 95 umbee/cm
MBAS 38260 mg/1
Phenols 32730 ugA
Sulfate 9" mg/]
Sulfide 745 mg/1
c. 1 .1. tone ANr V
Lab Number:
Date Received: Time.
Reed by: I From: Bus -Courier -Hand Dal
DATA ENTRY BY: CK:
DATE REPORTED-
DBM Value Type
A H L
NHS as N 610 mg/1
TKN as N 625 rtg/I
NO2 plus NO3 as N 630 mg/1
Totsl as P 665 mg/I
PO4 as P 70507 mg/I
P: Dissolved as P 666 mg/1
Cd-Cadmium 1027 u0A
Cr ChromiurmTots1 1034 ORA
Cu-Copper 1049 USA
NI -Nickel 1067 ug/1
Pb-Lead 1051 ug/1
Zr-Zinc 1092 ug/1
Ag Ilver 1077 ug/I
AI -Aluminum 1105 ug/1
Be-Berylllum 1012 ug/1
Ca-Calclum 916 mgA
Co -Cobalt 1037 ug/1
Fe -Icon 1045 ugA
IComposite peSe B I SampleTT GNXX I
Li-I.Ithlum 1132 ugA
Mg-Magneslum 927 mg/1
Mn-Manganese 1055 ug/1
Na-Sodium 929 mg/I
Arsenlc:Total 1002 ugA
Se-Selenlum 1147 ug/1
Hg-Mercury 7I900 ug/1
Organochlorine Pesticides
Organophoepfwus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point R
&nductance at 25 C
Water Tempemturt 40
D.O. mgA _
pH
Alkalinity
Acidity
Air Temperature (C)
PH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1@
400 1#
82244 1431
92243 182242
20
Salinity iY
Ptecipltlon On/day)
Cloud Cover X
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Mean Stream Depth It.
Stream Width It.
460
45
182
36
1351
1350
35
64
4
7
DMI/Revlaed 10/86
..s

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q ^C
November 9, 2005
Sheriff Mac Manning
Pitt County Sheriffs Office
100 West 3rd Street
Greenville, NC 27834
Subject: NOTICE OF SERVICE
Ben Harper
Dear Sheriff Manning:
Alan W. Klimek, P.E. Director
Division of Water Quality
j4l I
!l_1 Nov 10 ADDS I
IL— i
Yi'gjhi'~i„T17��=101���-
i;�lq _
Please serve the attached Assessment of Civil Penalties as follows:
Ben Harper
133B Emily Dr.
Winterville, NC 28590
It is our understanding that because we are a State agency, no fee is required for this service.
Please return the completed Return of Service form in the enclosed return envelope.
The Division of Water Quality appreciates this assistance from your department. If you have
any questions or need additional information, please contact me at [phone].
Sincerely,
Xaulman
Animal Feeding Operations Unit
cc: File DV-2005-0025
Central Files
Marlene Salyer, Washington Regional Office
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Intemet: http:/1h2o.enr.state:nc.us 2728 Capital Boulevard Raleigh, NC 27604
Nam" hCrolina
Naturallff
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

,O VrT�9
Mina F_ zsir}'_ iao t c n
wWilux u- Ross Jr__ 5ez�rei2
tio� C�a:ira na--ten: anti:-anmer.: aucNa tra? R cau .e-
September ?6. 2005
To: Paul Sherman. Supervisor
Animal Feeding Unit
Through: David May, Aquifer Protection Supervisor
Washington Regional Office
From: Marlene Salver. Environmental Specialist
Washington Regional Office
Subject: Enforcement Package DV
Harper Swine Farris
Permit Number AVl'S400146
Greene Count
Introduction:
.tar. Cti Kitme;.. P_F
Harper Swine Farm was owned and operated by Mr. Ben Harper. ai the tin: of ,his
discharge. This facility, located on the northwest side of SR 1=5 in Green: Co tnt�,
began operation in 1996. The facility has the capacity to raise 4000 feeder to finish
swine and the overall design for this facility is -540, 000 lbs. (stead." state liv- t> eiffht:. At
the time of the incident Mr. Harper was growing animals for Premium Standar(i Farms of
North Carolina. The farm was sold in July 200D to Vanrack. Inc./Charles Ray Vandilord.
Report:
On June 6. 2005 the Washington Regional office received a call from a represtn-_tnix'e c)l-
Premium Standard Farms reporting a spill from the Harper S«"ine Farm. Ii v.'as -epo:.ud
that a pipe at the back of one of the hog houses had been left open and the %vasi--ovate-
flowed through this and traveled across the area in the back of the hog houses and into a
section of an unnamed tributary to Sandy Run of the Neuse River Basin.
Marlene Salyer made arrangements to meet with a representative of Premium Standa-rd
Farms at the site on June 7, 21005. She: was shovm the site and all the ciean up operation
that Premium Standard had been doing. Samples were taken from the site %%here the
discharge entered the stream and also upstream and downstream. The lagoon frevboad
was at 19 inches and Premium Standard Farms had hired Crasial Carolina _-Igri SrlsleINS
to begin irrigation using an Aerway. Premium Standard also stated they were removing
the animals from site until a later date. Y
Marlene met with Ben Harper, >II on site to do a follow up inspection on June 27. 200-5 at
7: 30 AM. There were no animals on site and the freeboard -,vas 4: " inches. B27, staled
\o :i. Carolina Dig is;o:, 0.`N4'ater Quality inteme:, h2C.eri s-2.s.nc.us
Q-47 washtnston Square Mall Phone:252-Q46-6481
Washinnton. NC 278R1) FAX 252-9'>-7 -: b
An =qual �amanirylFrrrtative Adipn employer-5D°e Re^ycled'14°� Pest �r-s �aaz
On:
NonbCarolinz
V'� 47111l'C�s!

his reason for not calling in the discharge to the Washington Regiona. offic; x.::_
Michael Griffin of Premium Standard Farms said the% would call is in.
The Finding, Decisions and Assessment Factors are attached for review.
Conclusion:
Mr. Ben Harper, owner of Harper Swine Farm, was in violation of North Caroline
General Statue 143-315.1 (a)(1) for allowing animal waste to discharge into .raters of _ ie
State without a permit.
Recommendations:
It is recommended that the appropriate civil penalties h4 assessed against this subi c
facility, Harper Swine Farm located in Greene County and Mr. Ben Harp=.

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Section I: General Information
1. Facility Name: Harper Swine Farm
2. Facility or Permit No.: AWS400146
3. Party named in assessment: Ben Harper. ID
4. Address: 133B Emily Drive. Winterville. NC 28590
5. Telephone No.: 252-714-6903 cell
6. Location of Facility: On the north side of NCSR 1149 in Greene County
7. Type of Operation: 4000 Feeder to Finish
S. Registered Agent (if applicable): NIA
9. Registered Agent Address (if applicable): NIA
10. Date(s) of noted violations: June 5. 2005
11. Receiving Stream and Classification (if applicable):UT to Sandy Run. C Sw NSW
12. Regional Office: Washington Regional Office
13. Report Prepared By: Marlene Salver
Section 11: Findings
Case Narrative: On June 6. 2005 the Washirton Regional office received a call from a
representative of Premium Standard Farms reporting a spill from the Harper Swine Farm. It was
reported that a ripe at the back of one of the hog houses had been left open and the wastewater
flowed through this and traveled across the area in the back of the hog houses and into a section
of an unnamed tributary to Sandv Run of the Neuse River Basin.
2. Farm and/or company compliance History: The Harper S�;•ine Farm was assessed a civil Denalty
on February 12. 2004 for $3. 008.39. which was reduced by the EMC from the original amount of
S4. 508.39. Payments were to begin in September. 2004 and the case was closed on Noy ember
'0. 2004 with a payment of S3.500.00.
3. Amount of Waste discharged (if applicable). If amount cannot be estimated, what is the
estimated rate of flow reaching surface waters: Unable to determine amount of wastewater
discharged into the unnamed tributary to Sandv Run.
4. Sample Results (if applicable) with locations of samples taken noted in relation to discharge
point:
June 7, 2005
Fecal Coliform
Nitrates
Phosphorus
Point of Discharge
12000/100m1
5.0 mg/1
2.0 mg/1
Downstream
13000/100m1
43 mg/1
3.3 mJl
I upstream
580/1002rti
3.2 ma/1
10.17 mg/1

A
5. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Mr_
Hamer has not responded to the Notice of Violation_ which was received by Deborah Harper on
August 10. 2005. Mr. Harper did not send the requested irrigation records to the Washington
Regional Office.
6. Damage? YIN If yes, include report from IAIRC: No
7. Mitigating Circumstances: None
8. Recommendations made to the owner/operator: Mr. Harper was advised to get the irrigation
records from Coastal Carolina Agri Systems. (contracted by PSF) balance his records and provide
them to the Regional office for re%dew.
9. Costs to the State for the enforcement procedures (Show Breakdown):
Total Staff Time
$296.52
Central Office
$100.00
Travel Cost (79 miles @ 0.42)
$ 33.18
Laboratory Cost
S17498
TOTAL
$604.68
10. Recommendations for further DVVQ Action: None
11. Other Comments: Mr. Harms. er has since sold the facility to VanRack Inc./Charles R. Vandiford.
The change of ownership was signed July 13.2005.
Section III: Assessment Factors required to be considered by G.S. 143B-282.1(b)
The degree and extent of harm to the natural resources of the State, to the public health. or to
private property resulting from the violation: Animal waste has the potential to deplete
dissolved oxvgen in the affected water bodv to a point which is harmful to aquatic life.
Waste water also contains nutrients which have the potential to spay -n algaI growth to the
point which is harmful to aquatic life —Waste water runoff from this facilin' entered an
unnamed tribuM to Sandy Run. which is in the Neuse River Basin.
2. The duration and gravity of the violation: Unable to determine amount of wastewater
discharged into the unnamed tributary to Sandv Run. On the evening of June 5. 2005 around
4 PM an emplovee of Premium Standard Farms found the discharge. It was turned off
immediately. but there was no wav to estimate how Iona it had been discharging the
wastewater.
3. The effect on ground or surface quantity or quality: Samples were collected at the discharge
point and upstream/downstream from the discharge point to the stream. The results are
illustrated in the following table.
June 7, 2005
Fecal Coliform I Nitrates
Phosphorus
Point of Discharge
12000/100m1 5.0 mall
2.0 mail
Downstream
13000/100m1 43 mail
3.3 mail
Upstream
580/100m1 3.2 mail 4 0.17 mail

4. The cost of rectifying the damage: The owner could lower the lagoon level Nia land
application agronomically to the bottom of the temporary storage zone (during optimum plant
growth period) and improve management of the amount of waste production from each house
by monitoring the water usage and the amount of water used to clean out the houses between
groups of animal.
5. The amount of money saved by noncompliance: There could have been a greater savings by
complying with the WUP and not havingto pay the contract pumper that Premium Standard
was forced to hire because of the freeboard levels.
6. Whether the violation was committed willfully or intentional: We don't know if 1\ir. Harper
was the one who connected the Iine from the flush tank to the open line out the back of the
house. However, he knew this was not an approved method according to his Waste
Utilization Plan.
7. The prior record of the violator in complying or failing to comply with program,-; over which
the Environmental Management Commission has regulatory authority: Mr. Harper has a
previous civil penalty dated July 9. 2003 for discharging animal waste into the waters of the
state.
8. The cost to the State of the enforcement procedures:
Total Staff Time
$296.52
Central Office
$100.00
Travel Cost (79 miles @ 0.42)
$ 33.18
Laboratory Cost
$174.98
TOTAL
$604.68

rr
STATE OF NORTH CAROLINA
COUNTY OF Greene
IN THE MATTER OF
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLL'` A
DEPARTMENN'T OF E.N'VIR0?\'?` ENT A-N-D
NATURAL RESOURCES
File No. DV
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Paul Sherman. Supervisor of the
Animal Feeding Operation Unit of the Division of Water Quality (DWQ). make the following:
FINDINGS OF FACT:
A. Harper Swine Farm is a corporation organized and existing under the laws of the State of
North Carolina.
B. Ben Harper owns and operates Harper Swine Farm, a permitted/certified swine animal
feeding operation in Greene County.
C. Mr. Ben Harper was issued Certificate of Coverage AWS400146 under General Permit
AWG100000 for Harper Swine Farm on June 26, 1998, effective June 26. 199S. with an
expiration date of July 1, 2007. This permit does not allow the discharge of waste to waters
of the State
D. On June 5, 2005, Premium Standard staff observed a discharge of wastewater from a hog
house by way of runoff into an unnamed tributary to Sandy Run. which is classified as Class
C-Swamp NSW waters of the State within the Neuse River Basin.
E. Mr. Ben Harper does not have a valid permit for the above -described acti\ ity.
F. The cost to the State of the enforcement procedures in this matter totaled S604.6S.
Based upon the above Findings of Facts, I make the following:
CONCLUSIONS OF LAW:
A. Ben Harper is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. Unnamed tributary to Sandy Run constitutes waters of the State within the meaning of G. S_
143-215.1 pursuant to G. S. 143-212(6).

The above -cited discharge constitutes making an outlet to waters of the State for purposes of
G. S. 143-215. 1 (a)(1), for which a permit is required by G. S. 143-215.1.
Mr. Ben Harper 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 that twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to apply for or to secure a permit required by G. S. 143-215.1.
The State's enforcement costs in this matter may be assessed against Mr
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
The Acting Supervisor of the Animal Feeding Operation Unit, Division of Water Quality,
pursuant to delegation provided by the. Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the authorin- to
assess civil penalties in this matter
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
Accordingly, Mr. Ben Harper, owner of Harper Swine Farm is hereby assessed a civil penalty of:
For making an outlet to the waters of the State without a permit
as required by G. S. 143-2151.
$ TOTAL CIVIL PENALTY, which is percent of th--
maximum penalty authorized by G. S. 143-215.6A.
$ 604.68
As required by G. S. 143-215.6A@, in determining the amount of the penalty I have considered
the factors listed in G. S. 143B-282. 1 (b), which are:
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;
The duration and gravity of the violation;
The effect on ground or surface quantity or quality;
The cost of rectifying the damage;
The amount of money save by noncompliance;
Whether the violation was committed willfully or intentional;
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
The cost to the State of the enforcement procedures.
Paul Sherman, Supervisor
Animal Feeding Unit
Division of Water Quality

i
DIVISION OF WATER QUALITY
WA'I'LR
UALITY !•'IGLU -LAD DORM (DMI )
mum T elf G
I'MURUY
sAhn'1-u tlrr3l
AMIIIL'N1'
SIRHAPd IIPPLUIINT
�--'
RUPORT I O: ARU PRO MRU RRU IRO I110 WSRO TS
l±�
ATOM
CUMPIJAN(li
:1 LAKH ❑ INPLUIINT
Utlr,r
Shipped by:Uue,cmlet, Sb11T Ise►
UMHilUI1NCY
LSIUARY
L'ULLiiC1.01t 8 : JZr
Pj1lma1ed l3UD Range: 0.515-25/25-63140.130 cr 100 plus
STA110N LOCAUU
: t "'-
Seed: Yes❑ Ne ❑ Chlalaated: Yes❑ Na❑
REMARKS:
5tellaa N Utie Ilemin lvv/mnllddl Tlma Dealn
I Dale End I Time End I Denih UM DI1 I lllhl
I
DUDS 310 mg1L
2
COIL Milli 340 mglL
3
25 D Low 335 mg/L
4
Collrotrlt MPPaw1316161�r��� /1001n1
Confer. MP Te1.131504 /1001111
6
Collrorrrc Tube Pen131615 Boom[
7
Callform: Fecal Slrep 31613 11001n1
I
Residua. fold 500 mg/l.
9
volatile 503 mg1L
10
I I
Pixed 310 mg/L
Residue: Suspeudad 530 mg/L
12
Volmila 533 mg/L
l3
i
Fixed 540 mg1L
14
I5
pit 403 0nh
Aeldily 10 p114.5 436 inglL
16
AcWily to p118.3 435 Ing/i.
17
1111
AIkaI[nil y la pl I I.3 413 Ingll.
Alkallnity to pl 14.5 4 PO mg/L
19
WC 680 sng<I.
20
7'uabidily 76 N'IU
Chlerhb 940
Ing/L
Chl ■ 70953
pg/l.
Cahu: True go
Pr -Co
Cotar:ipll ) 83
ADMI
Color:pil 7.6 82
ADMI
Cyanble 720
mg/L
Pluorlda 931
mg1L
Pormddehyde 71880
mg/L
T
Uueue and Oils 356
mg/L
Ilardnera Totnl 900
mwlL
Specific Cond. 95
WAS 38260
111811.
T
Phenols 32730
pgli.
Sul(ble 945
Snln.I.74s
mg/i,
— mgll,
fur Inb Use Ur4l.Y
LANumber: b W O 'S — s' _P?
IMic Pecelyed: (-7I 0A' ' mlo: 3 '1_n p
Itcc'd b : r From: Bus -Courier- 91 Ucl.
.. ' -- T
UAT13 IMPORTED:
A It L I T S 0 1 C (U 1 ONXX
N113 as N 610 mg/L
11GN as H 625 mg/L
NO2 plus NO3 as N 630 rng/L
_
P: Total as P 665 rug/L
PO4 Is P 665 Ing/L
P: Dissolved as P 666 mwL
Cd-Cadmium 1027 pg/L
Cr•L1anmlum;T0lal 1034 p 31l-
Cu-Copper 1042 110.
HI-Nlcttal1067 _ 11811.
J
Pb-lend 1051 IIS+I•
Zll-ZIIIC 1092 IIpJI.
Ag-SiNcr 1077
—'
Al-Aluminom 1105 pg+l.
Ira-naryuhmr 1012
Ca-Calclum 916 - - - - - MwL
Co-CoLmak Io37 pg+L
Fe-Imn IWS jowl.
U-I.hhlmn 1132 pglF.
_
hill -Magnesium 9I7 mglF•
Mn-Menganeve 1055
Na•Sodlurn 929 nIg/L
Aracnic:Telal 1002 pgll.
Se -Selenium 1147 pWL
lig-Mcmay 71900 pgR.
Orgaiwehiorine Pesticldw
Orpnophosphorm Pesticides
_
Acld liciblcldes
llarelNeullal Uxllsetable Ulgnnics _ T
Aehl Lshsclable Urganlcs—
Ptugaable Dlganlcs (VOA baidt mi'd)
PbytopEnnklon
l.ab Use Unly
Tem cratule oil arrival:

CI ItIN'I'Y
GREENS
RIVER BASIN r
ItEPORTTO r
WARO Regional Office
Other :
COLLECTOR(S) I
MSALYER
DIVISION OF WATER QUALITY
ChentlHtry IAlu,r nlnry Ittit nN 1Wit taI- Quit Illy
PRIOR17-Y
❑ AMBIENT QA
COMPLIANCE CIIAfNOFCUSTODY
%� EMERGENCY VISIT ID
0
1V SAMeLLIXIJi
M STREAM ❑ EFFLUENT
Ll LAKE INFLUENT
ESTUARY
A
I.ah NnudKr
3W3329
Dare Received:
&80(05
Time Received ;
10:15 AM .
Received By
DS
IS'
R k ud :
(01�S
EAS
Date Repnrred :
6Q712005
fslimnled DOI) Ranget Million 11"allent HARPER FARM AI 40.146
Sped; Chlnrinnieds Remarks:
Slaunn k Date Begin (yylmnrldd) Date End fyylmntldd) 'I'lme Begin I Time End Depth - DM, DO, DON] Value Type - A, If. L Composite-T, S, Sample Type
A-1 20050607 1015
DOD 310 m
CUD High 340 InSIL
COD Low 315 nISIL
Colifurm: MF Fecal 31616 110013111
Cali form: MF Toial 31504 11 fl0ml
L'ulifmm: hdk Fecal 31615 /10fMt1
_
Coliform: Fecal Suer 31673 1lwild
Residue: Ta1al 5ot1 m
Volelilc 505 MgJL
Fixed 510 mWL
Residue: Sue ms kd 530 m
Vplallk 535 MWL
_
Fixed 140 (111A.
t11403 units
Acidll to )14.5436 m
Acicilly In pit 8.3 435 mgIL
_
1l 01nhympd18.1411 mgfl•
Allnllnh In d14.5411) mWL
'I Oc 690 mgA.
_
I whidIty 76 N)U
Culifarm Total Tultc '1160 ml
CONIMRNIS :
Chloride 940 mVL
Chi ■: Tri 32217 ulVL
Clot c Carr 32209 u
Pheo h tin a 32213 ugIL
Color. True 80 C.U.
Color: It) 83 il- c.u.
Color; 11117.6 82 C.U.
Cyanide 720 mSIL
fluoride 951 m
Forrasldeh 71880 m
Grease and Oila 556 ringlL
Ifardneat Taint900 inglL
Specific Cond. 93 nullnrdent2
MDAS 3826D m
Phenols 32730 u L
Sulfate 945 m
S11111rk 745 m ,
_
BUrotl
Tannin A I.I nln u
Ileaavalenl Unumium u
Blcatlxmatt rn .
Carbonise nr
F113 as N 610 mlVL
TKN an N 625 m
X
NO2 plum NO3 u N 630 6.9 m
X
P: Total o P 665 2.0 m
PO4 at P 70507 nl
it: Diteolved el P 666 nl
K-Puuralum m L
Cd• Cadmium 1027 u
Cr-Chromiu rn1olal 1034 u
Cu- CDPPCF 1042 u
NI -Nickel 1067 u
Pa. Lead 1051 u
Zn- bne IIN12 u
V-Vanadium u
A . Silver 1017 uWL
Al- Alundnun11105 u L
Re- Bel 01mn 11112 111A,
Ca- Calcium 916 ni
Ca. Colson 111.17 u
Pe. Iwn 1045 u
r
JUN 2 9 2#05
0WQ-Il ARO'
U-Lithium 1132 u
Mg- Ma neaium 927 mgifl.
Mn-Man nese 1055 u
Na. Sodium 929 m
Araenic:Tolal1002 u
Se -Selenium 1147 USA,
IIs- Mercu71900 u L
Ba_Bedum u
Or anochlorine PeaOcidet
Orlitunciphosphorus Pealleldca
Acid Ilarbicldes
BesetNeutrellLAcid Extractable Organics
TPI I Diesel Range
Pur eable Organics jV0A bide ter'd
'I PH Gatollne Range
IPIUBTE]IOswllneRange
Phyloplanktan
s

i
DIVISION OF WATER QUALITY
WATEIt
mut,IY c2j:e el" I-- _
I:ILIc R11'Y
RIVURUASIN f U4SC _
❑ AMIl11iN'I'
RRPORT IO: ARO FAO MRO ItRU ■ R IRO WSRO1'S
AT 13M
❑ I;UMI'LIAHL:11
Udrer
Shipped by:[tits,Coulter, sia I.
EllMnRUONCY
limit misd IIOU 8■ng.f 0.5/3.23 25,65140.1 ]0 or 100 1110e
B rA71UN I.UCAI I
Seed; Yu❑ Nu ❑ Chlorinaled: Yet[] No[]
FLI ANKS:
I
UOU3 310 mg/L
2
COU 111311340 mg/L
3
COD Law 315 mg1L
1
tbllforrrc MF Fecal 31616 % Ilothal
5
Calllib me MFTelal31504 /100ml
6
Collrmnu 1'ubo Facn131615 1100ml
7
Calilbrm: Fecal Strap 31673 /100n,1
1
Rcelduc: Total 500 mg1L
9
T
Volatile 305 m8/L
10
Fixed 510 018/1-
1 I
Realdue: Suspended 510 111A
12
Volatile 535 mg/L
13
rimed $40 mg/L
14
pli 403 unit&
Is
Acidhy to p114.5 436 tng/L
16
Acldity to Ill] 1.3 435 mg/L
17
Alkalinity to pit 9.3 413 MA
I8
Alk■linity to pit 4.5 410 mg/L
19
TOC 680 mg/L
20
TrabkRly 76 NTU
.JALITY FIi:LU-LAIC DORM (DM1)
-SArr>1'.LLL'LY111
1 m11.11AM ❑ 1:1111AMN'I' !/
J 1 AKII ❑ 114l'1,11 ull.
I ii91UARY
Chloride 940
mg/L
Chi a 70933
)'IA
coloy'rme 10
PI CO
Cuior(pil ) B3
AUMI
_
C'olor:pil 7.6 82
AUMI
Cyanide 720
mg/L
Fluoride 951
mg/1.
P..Idehyde 11880
m8/L
Grease Uul Oils 556
mg/L
I ludnen Total 900
mg/L
SpcciRc Con& 95
WAS 38260
mg/L
Pimmie 32730
l+8/L
_
Su11§ta 945
m8/L
Sulfide 745
mSIL
Lab Number:
D1110 Recolved:
7 4.3 timm
Reed by:
DA-rA RNTRY
IYDIT): BUB-COUrier- II 1d Dd
BY., CK:
DATH REPORTED:
011 OIIM Value Type
A 11 L
NII3 as N 610 mg/L
_
7 KN as M 625 mg/1.
NO2 pim NO3 as N 630 mB/L
_
P:1'01e1 as P 665 mg/L
PO4 as P 663 mg/I.
P: Ulssolved u P 666 mg/L
Cd.Cadmlurn 1077 14I/L
Cr-Cluomhim;Tatal 1034 1110•
Cu-Copper 1042 I18/L
NI -Nickel 1067 itgll.
Pb-Lead 1051 lig/L
Zn-Zinc 1092 lig/L
Ag-sllvor 1077 11B/t.
AI -Aluminum I105 PIVL
Ua-Beryllium 1012 P8/L
Ce-Calcium 916 mg/L
Ca -Cabals 1017 pa/L
Pe -Imo 1045 pg/I.
r118J pit 4.5
ti _ 3fw 4Iw 2244 431
P—recipitation (hdrlayy Cloud Co er'A ^ Wind 1)keclNm ('Uev)stream Plow secerhy I'rrrbldity severity
poaNe Senyds Typc
7' 13 p 1 C U ONXX
LI-Lllhium 1133 I1B/1.
Mg-Magneelum 917 oiBIL
Mn�Msngenese 1035 pgA.
Ns-Sodlum 929 mg/1.
ArsenictTMal 1002
Be-941ee1um 1147 P81L
IIg-Mercury 71900 Pdl
Orgenochlorine Pesticides
Orgsnophorphom Pesticides
Acid herbicides
IlasdNeulral Extractable Organics
Acid Exlnecleble Organics
Purgeeble Orge nice (VUA bottle ieq'd)
Phylopl,akron
LrR arrival; UC
Temperature

DIVISION OF WATER QUALITY
Chelnlalry IAlwralory RepnO / Water Qunllty
Ej SAMI'LLI.I..YVE
INI L'RI:T:NC
SLU
RlVIlll ASINt
AMBIL'NTQA
� STREAM
� EPI'LUfiNT
REPORTTO t WARO ReginnalO(fice
COMPLIANCE 0 CNAINOPCIISTOpY
� LAKri
� INI9.twNT
Other 1
X❑ EMERGENCY VISIT ID
FSTUARY
COLLECTOR(S) : ±1 SALYER
IAI,Numlwr :
5W3330
Dale Received:
Wf2(x15
Time Rcceivcd:
10:15 AM
Received By
DS�
� /' � 4
T
EAS
ted; W712005
Estimnl d HOD Rengel Station Location: HARPER FARM B-240-146
Seed: Chlorinaledr Remarkst
Sintinn 0 Dale Begin (yy/mrnldd) Date End (yylmmldd) Time Begin Time End I Depth - DM, DR, DBM Value Type - A,11, L Composite.T, S.1 Sample Type
n-2 20050601 1018
DUD 310 MIVL
COO I Sigh 340 m
LIM Low 335 MWL
Culifarm: MP Neal 31616 f100m1
Culifurnt: MP'1'nlal 31504 110thn1
Coliform: tube rece131615 11001"1
C'aliform: Petal Suep 31673 1100101
Reridue: Total Sill mSIL
_
yuladle 505 w !.
_
11sed 5141 m
Residue; Suspended 310 MS011.
Valaille 335 m .
Nsed 5411 111811.
_
1,11403 unln
Acidily In it U436 In
Acidily In pl19.3435 m
_
Alkallnlly ra pill R,1415 111811,
Alknlbull lu it 04111 Ilklyl.
_
1(1L'681! MRA,
_
I oil-1.11(y 76 NTU
_
Colifulm Tolal'Tnhe 71(in nds
1 CONIN11SN7:S r
Chloride 940 m
CId a: Td 32217 u
Chi a: Car 32209 usit
Pheo 1 Iln a 32213 tigfL
Color: True 80 Ca
Color: li 83 pit= C.U.
Color: PSI7.6 82 C.U.
Cyanide 720 1110.
11111mdtle'M I Pilo.
Pornmldeh de 71980 m _
Olesse and 0"1356 m .
Ilardnesr Toud 900 me.
1eClRc Cowl. 95 111111111gi1CII12
WAS 38260 nl
Phennh 32730 41811.
Sulfale 945 nr L
SulRdo 74.1 nl .
Ilumn
Tannin A 1.1511111 ugA.
Ilexavalea Ch11md11111 ugn,
Dlrallxxlale to .
Ca1Lmltele 111
Nl t3 as N 610 mgfL
TKN an N 625 m
X
NO2 plus NO3 a N 630 4.3 mSOL
X
P: Toial as P 665 3.3 mjJL
PU4 as 1170507 n1vt
P: Dlesolved as P 666 m
K-IWasslurn m
Cd- Cndmlum 1027 u
CF-Chumdmm T01111 11134 U14.
Cu-CcMr 1042 togIlL
NI -Nickel 1067 u
Ph-Itad 1051 U11
Zn. Zinc RM u .
_
V-Vanadium UIVL
A • SiNer 1077 us/l.
Al. Aluminum 1105 UVL
Re- Oeryllhun NI12 uAL
_
Ca. Calcium 916 myl.
Co. Cnlrnli 14137
Pe- Iron 143 owl.
Li-Lirhium 1132 UVL
hi - hl slum 927 m
Mo-Man ease 1055 uSIL
No- Sodlum 929 ni .
Arsenic:7'aml1002 u L
Se- Selenium 1147 u
III- Mercury 71900 ugIL
RILRAriuln 11
Ortianuchloilm I'enlchke
01ganophosphoms Pesr(ddes
Acid Iletbicidrs
Basc/NeulrsMAcid Llslrecrahle Or enlcs
TPII Diesel Range
Pur{adtla OI{udcr {V(IA lxmla 1e1� d)
uuurine Ran e
IPII/DTnX (Iunitlle Rau el._
i
Phytoplankton
S

DIVISION UI' WATER QUALITY
WATEM
LOUN•Iy
pglol!Ily
RIVER BASIN
AMMEN1'
Rnronr7ol ARo rnu MRo ukts `aRl uIu wand 18
AT UM
❑ COMI'LIANCN
Other
BhlplledbylUw,Cwrlsr,6la h°
COLI.UC9URcef:/j�� {�
01IMPROI:NCY
Ratimated 11011 Rangal 0•3/5.251 3.65140.130 or 100 plum
BYA11ON LOCAI I
Soedl Yu[] Nu ❑ Chhnlumed: Yee[] Nu❑
„
agar
I
ISUUS 310 milli.
1
COD film$) 340 myL
3
COD Low 335 mg/L
4
Callrotm: MF FocvI31616 /100ml
Colirorm: MP Total31504 /IOOm)
6
Colirurm: Tube ravel 31615 1100MI
7
Cullrame Pecal Shop 31673 /i0ond
8
Realdue: Total S00 MAIL
9
V014111e 303 mall.
10
i
I'Ixed 310 mall.
II
keeidue:Suapanded530 Mali.
12
Volo1iM335 milli.
13
11Imed 540 mmR,
14
pl1403 links
IS
Acidity to pit 4.5 436 mg/L
16
Milky 10 lit 18.3 435 mg/L
17
Alkalinity to pit 9.1415 ma/L
lg
Alkalinity to pit 4.5 419 milll.
19
:
r
TOC 680 mg/L
20
Ttubldlly 76 NTU
vs- 11/;ad
.JAL.ITY PII-LD-LAB FORM (DMI)
�AML'LIL1YCIi 0i
S1xEAM u!"LUEN'r
LAKL' ❑ lisimuliP21'
I ESIUARY
(.lrkyhk 940
milli.
Chi a 70953
1151L
Color; True 80
PI -Co
Culou(pll ) 83
ADMI
Colonlil 17.6 12
ADMI
Cyanide 720
milli.
Fhmrklo 951
n+a1L
Pomwidehydo 71810
nIg16
om"e and OW 556
marl.
I Indnaea Talal 900
mml4
Spec Inc Cond. 95
MUAS 38260
m8/6
Phonate32710
Ill&
Sullole 945
mglL
Sulfide 745
ma11.
1:... I .h I I . . It IJI V
Lab Number: w O $ 0 L
Date Recelvdd: a 'I7mo: 3 '- 0 U
Reed by, From: Bill-Colniel l
DATA PNTRY BY: CK.:
T)ATT3 RE11110it 111);&I
A II L f 'I- s I) I C (I UI,IXX
NIIS soN 610 mg/l.
TKN me N 623 ula/L
NO2 plus NO3 me N 630 nti1L
P: Total as P 663 mm/L
PO4 as P 665 mg/L
P; Dissolved mi 11666 11I811,
T
Cd•Codallum loll pm/L
Cr.Chl onilum;Tolal 1034 p m/t.
Oi-Coplicr 1042 Inm/l.
NI-Nickel1067 pall.
Pb-I ead 1051 11811.
Zn•ZIIrc 1092 itgll.
All -Silver 1077 pg1L
AI -Aluminum I105 IIg1L
_
Ue-IleryUlunt 10t2 JIBA.
Ca•Cmielum 916 mg1L
Co-Caboh 1037 pg/L
I'e•IrOn 1045 14.11.
1.1-I.hhlum 1131 I+IVI•
hill-Mogneslum 927 nlg/I•
Mn-Manprieee 1055 1larl
No -Sodium 929 n+grL
Antenlc,T0lol 1001 Merl.
Sa•Selenlum 1147 IIBIL
Ilg-Mercury 71900 I�dl•
Ursonochlorine pesllcidce
Orannaplimphamm Pesticides
Acid Iteiblchles
lluelNeutral L�'xlraclableUrgenlrf
Aeld Extractable Organics
Purmeable Organics (VOA bollle req'd)
Phytoplxnklon
1.a6 Ufe Owl
Tem erasure on arrival:
Senpli nl Yoiid Si
Conductance of 25'C
1. Water Tomperaluto'L'
D.O. hW
pi I _
Alkalinhy _
Acidity
Ali l cy j!S!n!ulo'C
1111,1 l+114.3
1414.5 p111.3
3W
400
M2144
2143 91242
0
fifllnily %a
1'reclp11411011(Inlday)
/loud('"
_
er51
Wind Dilactlnn(Iles)
_431_
86eemflawflove!sty rmbldl+ySev4111y
�1350 _.---_—^
Whul'Ydncily MoonMeet" OrpNna.�
Sheam Wfrlllln'
110
15
12
_
16 _
1351
35 64 _
4

COUNTY GREENE
RIVER BASIN:
REPON111310 WAI40 IteginnelOffice
Other I
COIA ECT(3R(SI I M SALYER
DIVISION OF WATER QUALITY
OmmIslry I.nhnrnlery Itrpnr( I Wit lrr QonII(y
PRIORITY
AMBIPNr QA
COMPLIANCE (Kj a:11A1N OIr CUSTODY
X EMERGENCY VISITID
0
U SAMI'l l 7Yi' !
l STREAM
EFRUENT
LAKE
1NI'LUFNT
ESTUARY
C
Lah Nim0wr f
9W3331
Dole Received :
(dg/?O05
Time Received:
10A5 AM
Received By
DS '
1AS
Data �Iteaoed :
Dole Reported:
6f2712005
rsllmaled 001) Range: Slailen Lautlonl IIARPER PARhi C-3 40.146
Reed: Chforinaled i Remarks:
Stxllr,110 hale Regln (yylmm/dd) Dale End (yyhnnrldd) Time Orgill Time Lend I Depth - IIM, DR, I113A1 Value Type - A, 11, L Comnaalle-T, S, 1 Sample Type
C-J 20U50607 1100
BOD 310 m
COD I li h 340 m
COD Law 335 m
Colirnnn: MF recal 31616 fl(Elml
IhldluIII: M1,Tn1n1315114 llt)(11111
Colifunn: tube Fecal 31615 110011d
Coliform: recal Strep 31673 1100MI
Residue: Total SW m
Vn111111e 501 in .
Fixed 510 m
Residue: Suspended 130 nl
_
Volatile 335 mVL
tuts: 540 mWL
lilt 403 units
Acidily in pl14.5 436 m
Acidily in pit 8.1435 m
AhI hxmPII9.34t5 m1d1,
Alkafinky to pil4.5410 ai
1(X' His III .
luibidily 76 NI U
Coliflmn Total Tutu "1100 nil
f'O&fh1b:N'I:S I
Chloride 940 m
Chi a: Tri 32217 uVL
CM a: CnIT 32209 u
Pheo h do a 32213 110.
Color:Ilue 110 c.u.
Color. (II 53 il- C.U.
Color: Pil7.6 02 C.U.
C snide 720 mIVL
rlundtle 951 nt ,
ronnaideh de 71AHO ingiL
Orenae and Oils 516 mjVL
Ilardnen Tou1900 rn
Specing Coud.93 md>tlsknt2
MBAS 38260 Tai
Phenols 32730 UFA
Sldrale 945 in
sumac 745 loll
Baron
Tanuin & Li nin toga.
I lesavaknt ❑ualyduen lIgIll.
Blcalbnnale mWL
l:adlminle III
N113asN610 m
TKN an N 625 mgIL
7r
NO2 plus NO3 as N 630 3.2 MWL
X
P. Total as P 663 0.17 miVL
PO4 m P 70507 m
P: Dissolved as P 666
K-Potassium m
Cd-Cadmium 1027 u
Cr,Chrurnlum:Tutal 1034 uSIL
Cu-Co er I W 2 ugfL
NI -Nickel 1061 tigfL
Pb- Lead 1031 USIL
Zn- Zinc 1092 IlgA,
V-Vsnadlum USAL
All. Silver 1077 n
Al- Aluminum 1105 u
Dr. 11ci liimn 1012 u .
Co. Calcium 916 miVL
ca-0+ h 1037 u
re- Inat 1045 u
L)-Lithium 1132 QjVL
Mg- Manesium927 mgfL
Mn-Man enese 1055 u L
No- Sodium 929 m .
Araenlc:Tolal IOU2 u8n.
Se- Selenium 1147 u .
1! - Mercury 71900 uvt
"a -Barium u
Or anoeldorine Pasllcidea
Orivincipbusphorui Perucides
Acid herbicides
BafelNeuiral&Ac1dE111ractableOrganics
TPI! Diesel Ron e
Ilitrgeable 01 gailloo VOA bull It lc 'd)
TPII Ossollne Range
1T'IUBM Uosoihic Range
Ph t lanklen

0
WASHINGTON REGIONAL OFFICE -
APS SECTION
Photographic
Record
Site Name: Harper Swine Farm
Site Location: Off SR 1335 in Greene County
Photographer:
Third party
Date:
6-5-2005
Photo I -ovation:
Outside house at
"-` flush tank
Photo
Comments:
---41legal pumped
discharge from flush
tank bypassing
lagoon
—Photographer:
Third party
Date:
6.5-2005
Photo Location:
Inside hog house
Photo
Comments:
Illegal pumped
discharge routed
overhead inside the
hog'house from flush
;a;hk bypassing the
lagoon.
IncidentlPermit Number:
Site Town/City:

N
WASHINGTON REGIONAL pFFICE-
APS SECTION
Photographic
Record
Site Name: Harper Swine Farm Incident/Permit Number:
Site Location: Off SR 1335 In Greene County Site Town/City:
Third party
Date:
fr5-2005
Photo Location:
'Sack of house
Photo Direction:
S (:comments:
Unconfined open
-tiiggharge of animal
waste water
bypassing the
lagoon
FP,hotogmpher.
Third party
Date:
6-5-2005
Araa:behind the hog
`house
Photo Direction:
Cortvnents:
nth taken by
d� water
ur.4Uit enters the
unnamed tributary

WASHINGTON REGIONAL OFFICE - APS SECTION - PHOTOGRAPHIC RECORD
Site Name: Harper Swine Farm 40-146 Incident/Penn NCA240146
Site Location Greene County SR1335 Site TownlCity:
Photographer:
Photographer:
40 '
��
Marlene Salyer
Marlene Salyer
r Y -.
t +t,
Date:
Date:
617/2005
= �1F'
617/2005
0F,s
Photo Location:
Photo Location:"
Hole washed out
�'
under to open
Fresh water outlet
Photo Direction:
?�,e ' �''
Photo Direction:
_
s, !
a
I'
Comments:
Obvious that
Comments:"l
water had
r P
This became outle
discharged at thi
for waste water
ooint'.
Photographer:
Photographer:
Marlene Salyer
gp
Date
Date:
6f712005
w."J� �` �, t �" •'
Efs- f
Photo Location:
Photo Location:
Flow path for
waste water
t - � ' w � . 1i
; k
il�r�t9 f a Y z4
Back of hog house
Photo Direction
Photo Direction:
Comments
Comments:

�CF Vv A l �h'
t `C)
UJ
0 �
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
RECEIPT # 7002 2410 0003 0272 8880
Mr. Ben Harper
133B Emily Dr.
Winterville, NC 28590
Mic1a-i F. Fasicy, Governor
W Miarn G" Ross k., Sc=tary
h'oti7 Carolina De'pm-unent cf tn4irWa gent and Nanual Rmom=
Octoberr 18, 2005
SUBJECT: Assessment of CMI Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 40-146
Greene County
File No. DV 2005-0025
Permit No. NC A240146
Dear Mr. Harper:
Aian W. Klimek, P L Dire=
Di%imon of Wa= Quahn
This letter transmits notice of a civil penalty assessed against Ben Harper in the amount o
$4,604.68, which includes $604.68 in investigative costs. Attached is a copy of the assessm-ent document
explaining this penalty.
This action was taken under the authority vested in me by delegation prorided by the Secretary of
the Department of Environment and Natural Resources and the Director of the DiNrision of Water Qualily-
Any continuing violation(s) may be the subject of a n:w enforcement action; including an additional
penalty.
Within thirty days of receipt of this notice. you must do one of the following three items:
1. Submit payment of the penalt-
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty Mll not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if malting payment.
Please send payment to the attention of:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
ICU
Aquifer Protection Section 1636 Mail Service'Center Raleiah, NC 27699-1636 Phone (919) 7- -322: Custom sent=
Internet: httn:f!_ h2o.enr.state.nc.us 2 728 Capital Boulevard Raleitrl:, NC 7-7604 Lax (919)
An Ecual Opp ortunih-/Affirmztive Ac:ion Employer— 507q Re_ycled"QC ,c nos' Cons-- e: paper

Ben Harper, m
Page 2
October 18, 2005
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that aII evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Senrice Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of '
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am.

Ben Harper, III
Page 3
October 18, 2005
and 5:00 p.m_, except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
- Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessmem.
If you have any questions, please contact Keith Larick at [phone].
Sincerely,
eodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACBMI NTS
cc: David May, Washington Regional Office w/ attachments
Marlene Salyer, Washington Regional Office w/ attachments
File DV 2005-0025 w/ attachments
Aquifer Protection Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF Greene
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Ben Hamer
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 2005-0025
Having been assessed civil penalties totaling $4,604.68 for
violation(s) as set forth in the assessment document of the Director of the Division of IV, ater Qualit ,
dated October 18, 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of .20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 2005-0025 County: Greene
Assessed Party: Ben Harper
Permit No. (if applicable): NCA240146 Amount Assessed: $4,604.68
Please use this form when requesting remission of this civil penalty. You must also complete the
`Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
_ (b) the violator prompily abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF GREENE
FILE NO. DV-2005-0025
IN THE MATTER OF )
BEN HARPER )
}
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF } CIVIL PENALTMS
NORTH CAROLINA }
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Section Chief of the Aquifer Protection Section of the Diiision of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. On June 5, 2005, Ben Harper owned and operated Harper Swine Farm, a swine
animal feeding operation in Greene County.
B. Mr. Ben Harper was issued Certificate of Coverage NCA2401 46 under General
Permit NCA700000 for Harper Swine Farm on April 9, 2003, effective Apri19,
2003, with an expiration date of July 1, 2007. This permit does not allow the
discharge of waste to waters of the State.
C. On June 5, 2005, Premium Standard staff observed a discharge of wastewater -
from a hog house by way of runoff into an unnamed tnbutary to Sandy Run,
which is classified as Class C-Swamp NSW waters of the State within the Neuse
River Basin.
D. Mr. Ben Harper does not have a valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled 5604.68.
Based upon the above Findings of Facts, I make the following:

II. CONCLUSIONS OF LAW
A. Ben Harper is a "person" urithin the meaning of G. S_ 143-215.6A pursuant to G.
S. 143-212(4).
B. Unnamed tributary to Sandy Run constitutes waters of the State within_ the
meaning of G. S. 143-215.1 pursuant to G. S. 143-212(6).
C. The above -cited discharge constitutes maldng an outlet to waters of the State for
purposes of G. S.143-215.1(a)(1), for which a permit is required by G. S_ 143-
215.1.
D. Mr. Ben Harper 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 that twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G. S_ 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Mr. Ben
Harper pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
F. The Section Chief of the Aquifer Protection Section, Division of Water Quality,
pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following
III. DECISION:
Accordingly, Ben Harper is hereby assessed a civil penalty of:
$ T �I D iQ 0, for making an outlet to the -,Nat,-- s of the State without a
permit as required by G.S_ 143-215.1.
TOTAL CIVIL PENALTY
$ 604.68 Enforcement Costs
$ y 6 O q- 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. Stare, 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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority,
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

O VJ ATFRQ Michael F. Easlev. Governor
© G William Cii. Ross Jr., Secretary
Cl) North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
December 6, 2004
Mr. Ben T. Harper, Jr.
309 W. Greene Street
Snow Hill, NC 28580
RE: Acknowledgment of Receipt of Payment
Case No. DV 03-016
Farm # 40-146
Greene County
Dear Mr. Harper:
This Ietter is to acknowledge receipt of your check No. 10402089 in the amount of $3,500.00
on November 30, 2004. This payment satisfies in frill the civil assessment and the case has been
closed. I have started the process to issue the check for the overage. If you have any questions,
please call me at [phone].
Sincerely,
Steve Lewis
Animal Feeding Operations Unit
cc: Washington Regional Office
File # DV 03-016
APS Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet. hitipil,12o enr.state.nc_us 2728 Capital Boulevard Raleigh, NC 27604
NorthCarolina
�l nturrr!!11
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affitnnative Action Employer — 50% Recycled! 10% Pus[ Consumer Paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ben Harper, Jr.
PO Box 295
Snow Hill NC 2858.0
Dear Ben harper. Jr.:
'JIM40i
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FEB
WA�HIi,uTGrr-r} `
Subject: Notice of Violation and Revocation for Nonpayment
Harper Swine Farm
Permit Number. AWS400146
Greene County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 11/14197.
Your annual permit fee for the period of 1I/14199 - 11/13/2000 is $150.00. Your payment was due 1/7/2000.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit.
pursuant to 15 NCAC. 2H .0205 (c) (4)_ and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice. the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for vour animal operation is received within that time- Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budzet Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1f you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincere
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Washington Regional Office
Greene County Health Department
Permit File
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

0
State of North Carolina
Department of Environment
and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Soil & Water Conservation
Mr. Ben Harper
309 W. Greene Street
Snow Hill, North Carolina 28580
SUBJECT:
Dear Mr. Harper.
October 31, 2000
'Ir
4 OA
•
NCDENFZ
NORTH CAROUNA DEAR -. MEN' OF
ENVIRONMENT AND NATURAL RESOURCE$
2000
Operation Review Notice of Referral for
Harper Swine Farm, Facility Number 40-145
On October 23, 2000, an Operation Review was conducted of the Harper Swine Farm, facility
number 40-146, in Greene County. This review, undertaken in accordance with G.S. 143-
215.10, is one of two routine site visits scheduled for all subject animal operations in 2000.
The Division of Water Quality will conduct a second compliance inspection.
During the operation review, the following items were noted:
- failure to have current waste analysis for this year (2000) for irrigation events on coastal
bermuda hay on tract 1788 field #2 pulls 6,7,8.
- No soil test in record book for 1999.
It was for these reasons that your operation was referred to the Division of Water Quality for
further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify
the Division of Water Quality and the owner/operator of these observed violations.
Please review the enclosed inspection report and comment sections for site findings and
corrective actions as discussed.
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 252-946-6481 if you have any
questions, concerns or need additional information concerning this operation review.
Sincerely,
Martin McLawhorn
Environmental Specialist II
cc: Greene County Soil & Water Conservation District
Carroll Pierce, Division of Soil & Water Conservation
John Barrow, L.L. Murphrey
Aaphne Cullom, DWQ-WaRO
DSWC — WaRO Files
943 Washington square Mail, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

nE
O Division of Water Quality
Division of Soil and Water Conservation
O Other Agency
Type of Visit O Compliance Inspection 0 Operation Review O Lagoon Evaluation
(Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facili"- Number 40 146
Date of Visit: 10f23/2000 Time: l6oQ Printer! on: 10/30/2000
O Not Operational O Below Threshold
® Permitted ® Certified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ......
Farm Name. Rarpric.Smiu.Yaxoa................................................................................... : Greeme .............................................. !N'P l�.......
County:
OwnerName: Lela ........................................... Harmer —Jr ............................................... Phone No: 7.4.7.-.219.1 ....................................................................
Facility Contact: .....
Title:
Phone No:........
Mailing Address: Q9. 'eat..�xee�ae. treet............ -......... ........................................... Snow.H11i.NC........................................................ U55M ..............
Onsite Representative: Ben..Harpu...
Integrator: L.L.N1.uulaltte3 —Cv....................
Certified Operator: Dguja mig............... HairAeir.............................................. Operator Certification Dumber 4
Location of Farm:
Take 258 N from Snow Hill about 4 miles. Turn right on 123. Go about 1/2 mile. Turn left on SR 1335 about 1/2 mi. on the
G1 C.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 30 56 Longitude 77 • 36 16 '•
Design Current
Design Current
Design Current
Swine Capacity Po ulation
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
❑ Layer
❑ Dairy
® Feeder to Finish
4000
4000
10 Non -Layer
IR Non -Dairy
El Farrow to Wean
LJ Farrow to Feeder
❑ Other
LJ Farrow to Finish
Total Design Capacity
4,000
t is
Total SSLW
540,000
Boars
Number of Lagoons 0 ❑ Subsurface Drains Present 110 Lagoon Area 10 Spray Field Area
Holding Ponds / Solid Traps 0 10 No Liquid Waste Management System
Dischartes & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in aal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
❑ Yes 0 No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ®No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Structure 2 Structure 3 Structure 4
❑ Yes 0 No
Structure 5 Structure 6
Identifier:
Freeboard(inches): Z4::.................:...................................................................... .................................... ....................................
......... ..............
5100 Continued on back

Facility Dumber: 40-146 Date of Inspection 10/23/2000 Printed on: 10/30/2000
5_ Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ® No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ®No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ®No
'Wasle Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ®No
1 I . Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No
12. Crop type Coastal Bermuda (Hay) Soybeans Wheat Small Grain Overseed
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination? ❑ Yes ® No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Impector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
No violations or deficiencies were noted during this visit. You will receive no further
correspondence about this visit.
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
*Waste plan dated 515100.
*Irrigation system is traveler.
*Waste analysis dated 10/22/99 with nitrogen at 0.78 lbs/1000 gallons.
*Mr. Harper stated that soil test for this year (2000) have been taken but results have not been received. Web site address given to
*Lagoon level being recorded weekly as required by permit.
* *Need to lower lagoon level as weather permits and by following guidance from waste plan. This needs to be done before going
winter months.
Reviewer/Inspector Name Martin la orn
Reviewer/Inspector Signature: 7 f' Date:/5100

Facility Number: 40--146 Date of Inspection ]0/23/2040 Printed on: 10/30/2000
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or ]a-oon fail to discharge at/or below ❑ Yes ®No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ®No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e_ broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ®No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ® Yes ❑ No
Additional Comments and/orDrawings:
11. Unable to answer this question since there is not a current waste analysis to cover the irrigation events on coastal bermuda hay
for this year on tract 1788 field 2 pulI 6,7,8.
19. There is not a current waste analysis to cover irrigation events on coastal bertnuda hay for this year on tract 1788 field 2 pull
6,7,8. Waste samples are required to be taken 60 days before/60 days after irrigation event. Notice of referral to Division of Water
Quality.
19. There is not a soil test for 1999. General permit requirement - soil test to be taken annual.
7. Need to mow lagoon inner walls to allow for routine and visual inspection.
5100

State of North Carolina
Department of Environment and
Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�!W'AMr:411110 4D
4&4 - MIL W&
NCDENR
NpF:rrH cAFipLIN.4 0oEP^F:R_rMENT OF
ENVIRc>NMENT ANE> NAruF2AL RESOUF2CES
DIVISION OF WATER QUALITY
January 29, 1999
Mr. Ben Harper, Jr.
Harper Swine Farm
P.O. Box 295
Snow Hill, North Carolina 28580
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Harper Swine Farm
Facility No. 40-14
Greene County
Dear Mr. Harper, Jr.:
On June 24, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at
the Harper Swine Farm in Greene County. A copy of the inspection report is
attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified
Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; (3)
the farm operation's waste management system is being operated properly under
the direction of a Certified Operator; (4) the required records are being kept; (5)
there are no signs of seepage, erosion, and/or runoff. The following deficiencies
were observed during the inspection.
The current waste utilization plan for your facility does not contain all of the
receiving crops and/or land that are being utilized for waste management. All
receiving crops and/or land being utilized for waste management are required
943 Washington Square Mall, Washington, North Carolina 27889
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmabve Action Employer

Page Two
Harper Swine Farm
Facility No. 40-14 (10
January 29, 1999
to be included in the waste utilization plan. Please refer to the attached
inspection form for further comments.
Your Certified Animal Waste Management Plan records did not include a soil
analysis for 1997.
It is very important as the owner and the Operator in Charge that you resolve
these aforementioned deficiencies and any other problems that may arise, as
soon as possible. For additional assistance, please contact your Technical
Specialist. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have resulted or may result from
these deficiencies.
Thank you for your cooperation and assistance during the inspection_ Should
you have further questions or comments regarding this inspection, do not
hesitate to call at [phone], ext. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
cc: Jake Barrow, L_L. Murphrey Hog Company
Greene County SWCD Office
Greene County NCCES Office
DSWC-WaRO
Compliance Group
WaRO

Facility Number Date of Inspection
Time of Inspection 0 24 hr. (hh:mm)
p Registered N Certified p Applied for Permit 0 Permitted 113 Not OPeratiORal Date Last Operated:
Farm Name: Harper.Si ne.Earm...................................................... ........... County: Greene WARO
Ov.ner Name: Ben...... ..................:.................. Harrier,.3.r................................................ Phone No: 747_2
Facility Contact: ....
..................... Title:
Phone No: .......................
MailingAddress: P.Q.Boa.?95 ............................................................................................ Saom..HHUNC ........................................................ ZHU .............
Onsite Representative: Pen.Harper................................................................................. IT) tegrator:L.L..Murpbrcy..CttuapuA..................................
Certified Operator: Peat amia..T......................... Ha.rper.............................................. Operator Certification Number. l .' ......................
Location of Farm:
left............................................................................................................................................................................ .1mt..na -
Latitude • a®°� Longitude �• ®` ®i4
estgn Current
Swine Capacity Population
p can to keeder
® ee er to tits
U
p arrow to Wean
Farrow to Feeder
p Farrow to Finish
® Gilts
p Boars
- Vestgn t urrent design t_:urrent
Poultry Capacity Population Cattle Capacity Population
p Layer p any
Non -Layer 1 p Non -Dairy
p Other
Total Design Capacity 4,00
Total SSLW 540,000
Number of Lagoons I. -Holding Ponds IE3 Subsurface Drains Preseni i❑ -goon Area p Spray Field Area
p o Liquidrite anagement vssem
General
1. Are there any buffers that need maintenance/improvement? p Yes IM No
2, is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: p Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made' p Yes ® No
b. If dischar-e is observed, did it reach Surface Water? (If ves, notify DWQ) p Yes p No
c. If discharge is observed, what is the estimated flow in gal min?
d. Does discharge bypass a lagoon system? (If ves, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
p Yes p No
p Yes ® No
p Yes ® No
13 Yes ® No
[]Yes ® No
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
El Yes ® No

act ity Number: 4t1_146 Date of Inspection
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons.Holdin2 Ponds. Flush Pits. etc.)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2
Identifier:
Freeboard (ft): 2.3 fit.
10. Is seepage observed from any of the structures?
Structure 3 Structure 4
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum Iiquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
Yes a No
p Yes a No
Structure 5 Structure 6
15. Crop type ....... Com.(Silage.& Grain) .............................. Cattan...................... ........ ........................................... ... —
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
q - • . o ~v c! . ons. or ciencies-were.note . unng t rs visit. na .receive na a er . _ .
a >respap ie a �tbauit t#�:s v. ... ...... ° .
p Yes a No
p Yes a No
p Yes H No
p Yes N No
p Yes a No
N Yes ❑ No
p Yes a No
p Yes ®No
p Yes a No
p Yes a No
p Yes a No
p Yes a No
rl Yes a No
p Yes a No
a Yes p No
Reviewer/Inspector Name
Reviewer/Inspector Signature:
- (__-- .214 -�

facility Number: 40_146 Date of Inspection
Additlo"I Co►nment5 and/or.Drawm
1997.-soil�am 1e 1e51)l
ME
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