090045_ENFORCEMENT_20171231

MCDENR
North Carolina Department of Environment and Natural Resources
Division ofWater Quality
Beverly L=aves Perdue Coleen H. Sullins
Governor Director
` February 14, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fox Bay Farm LLC
Attn. Mr. John Hester
8326 Center Rd.
Butters, North Carolina 28320
Subject: NOTICE OF VIOLATION/NOTICE OF Il\STENT
Administrative Code 15A NCAC 2T. 1304
NOV-201 1 -PC -01 1 I / Bim's 201100256- 201100287
Fox Bay Farm LLC Facility No. 09-45, Permit No. AWS090045
Bladen Countv
Dear Mr. Hester:
Dee Freeman
Secretary
On February 4, 2011; staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS)
inspected the Fox Bay Farm LLC and the permitted waste disposal system. We wish to thank Mr. John Hester who
was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWS090045 Section V 2).
On February 4, 2011 DWQ Staff responded to a complaint and the lagoon/storage pond level was documented at
18.5 inches of freeboard at the front lagoon,and 20.5 inches in the back lagoon. The marker in the front lagoon
appeared to be incorrectly set because the waste level was obviously much higher than indicated. On February 7,
2011 Murphv Brown survey crcw surveyed both lagoons and reset the front marker. Murphy Brown documented
that the front lagoon was set 13 inches to high. Based on the information provided by Murphy Brown your lagoon
level in the front lagoon on February 4,'2011 was actually 5.5 inches. After transferring waste from the front
lagoon to the back lagoon on February 5 and 6, 2011 your lagoon levels in both lagoons were 11 inches.
A level of 19 inches is the maximum level allowed by your permit.
AQUIFER PROTECTION SECTION:
225 Greer St., Ste 714
Fayetteville; North Carolina 28301
Phone: [phone] l FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.h20-enr.state.nc.us
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Air. Hester
February 14, 2011
Page 2
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your 5 day Plan of Action (POA) and 30 day POA dated
February 8, 2011 and received in the Fayetteville Regional Office on February 8, 2011. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section (V 2) of your permit.
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No
AWS090045 Section 13 c).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items 1,3 and 4on or before March 31, 2011. Item 2 within 60 days of receipt of this NOV.
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from the
time you took over operation to the present along with a copy of your CA WMP .If you have prior records
please include them for March 1, 2010 to October 1, 2010.
2. This is the second NOV for this facility in a three year period you are now required to obtain a review of
your waste Management Plane by a Technical Specialist. This review must include a plan of action to
renovate your spray fields to prevent noncompliance. This review must be submitted to the Fayetteville
Regional Office in writing within 60 days of receipt of this NOV. The review must contain any corrective
action taken or proposed to be taken to improve the facility's compliance
3. An explanation from the OIC for this farm regarding how this violation occurred.
4. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before March 10, 2011.
and to provide a written response to this Notice by March 31, 2011. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.

r
Nlr_ Hester
February 14, 2011
Page 3
Please note that assessment of civil penalties may have already been recommended for violations described within
this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result in
the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water 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.
If you have any questions concerning this Notice, please contact Steve Guvton or me at [phone].
cc: Keith Larick CAFO Unit
Kraig Westerbeek- Murphy Brown
Danny Edwards FRO S&WC
Sincerely,
Stephe Ba ardt
Environ ental Program Supervisor

North Carolina Cooperative Extension Service
College of Agriculture and Lille Sciences
Bladen County Center
P.O. Box 249
454 Smith Circle Drive
Elizabethtown, NC 28337
Phone: [phone]
Fax: [phone]
March 11, 2011
Stephen Barnhardt
Environmental Program Supervisor
Aquifer Protection Section
225 Green St, Ste. 714
Fayetteville, NC 28301
Dear Mr. Barnhardt:
This letter is in reference to Fox Bay Farm LLC's Notice of Violation/Notice of Intent. Dean
Morris, Bladen Soil and Water Conservation District and Becky Spearman, Extension Livestock
Agent, visited with Mr. John Hester on March 2nd to review his waste plan and sprayfields. Rick
Morris, NCDA regional agronomist and I visited on March I Ith to look at the fields to burn. Below
are recommendations from our visits. We plan to visit the farm in May to observe the bermuda
fields while growing and make more recommendations.
Below are the recommendations for each field. It is very important to remove the winter overseed
in a timely manner so the bermuda grass can green up. They have contacted someone to harvest the
overseed in late March or early April.
The fescue fields need to be reestablished this fall with KY 31 tall fescue. We recommend using a
no -till drill or to broadcast from September l to October 31. Seeding rates are 15-20 lbs/acre for
broadcast or 10-15 lbs/acre for drilling, however we recommend increasing the seeding rate to 20-
25 lbstacre for both methods to increase stand establishment. Seeding depth is critical and should
be planted 1/4 -'/� inch deep. Use herbicide treatment this May to control summer weeds. Use
glyphosate one to two weeks prior to establishing. The fescue fields need to be monitored yearly
and allowed to either seed out or reseed areas when the stand becomes weaker.
Herbicide control is a critical area that needs to be addressed. A summer broadleaf herbicide needs
to be applied to the bermuda fields in May or early June to control pigweed, dogfennel and other
warm season weeds. Controlling weeds and decreasing thatch buildup from bushhogging weeds
must be managed. The weeds and thatch will hurt bermuda stands.
For fields 4, 10 and 11, thatch needs to be removed. Use glyphosate at I quart to the acre now to
kill ryegrass and then burn the field when weather conditions allow. Observe weather conditions
prior to the burn and consider burning later in the afternoon when the wind dies down. Disc 15'
around the edges of the fields as a fire break and contact the fire department about the burn and see
if they could come out or be on stand by. These fields will be observed in May to determine what
areas need to be filled in with sprigs from other areas of the farm.
North Carolina State University and North Carolina A&T University commit themselves to positive action to secure equal opportunity regardless of race, color,
creed, national origin, religion, sex, age, veteran status or disability to addition, the two Universities welcome all persons without regard to sexual orientation.
North Carolina State University, North Carolina A&T University, U.S. Department of Agriculture, and local governments cooperating.

Some whole farm recommendations are to pump when weather conditions are good year round.
Maintain lagoon freeboard near the stop pump when able. They can pump 8" below stop pump in
the summer to allow extra storage during the rainy season.
Sincerely,
Becky Spearman
Extension Agent
Livestock
cc: Steve Guyton
Dean Morris
Rick Morris
John Hester
Field 9 — bermuda field with overseed. Overseed looks good, but need to remove in a timely
manner. The crop should be harvested in April and they plan on lining up someone to cut and bale
the hay. There is a hole in the middle of the field which should be filled in with topsoil and
sprigged this spring.
Fields 5, 12, 4A, and 11 — Fescue. These fields need to be reestablished in the fall. Fill in low
areas to reduce ponding and drainage issues. Field 11 should be burned now to remove thatch.
Field 3 — bermuda field with overseed. Visit in May to observe this field and determine if the field
needs to be reestablished next spring. Harvest overseed crop in a timely manner this April.
Field 4 — bermuda field with overseed. Recommend burning now to remove thatch.
4A — Fescue. Field needs to be reestablished in the fall. The field should be bulldozed to even out
the field before reestablishment.
Field 6 — bermuda with overseed. Fill in areas with bermuda sprigs from field 11 this spring.
Field 10 — bermuda with overseed that has not been pumped on. Recommend burning now to
remove thatch. Review field in May.
Field 8 — bermuda with overseed_ Field looks good. Harvest overseed crop in a timely manner this
April.
2

RECEIVED
North Carolina Division of Water Quality
Aquifer Protection Section MAR 2 9 2011
ATTN: Stephen Barnhardt
225 Green Street, Suite 714 DENR-FAYETTD ALLE REGIONAL OFRCE
Fayetteville, North Carolina 28301
Dear Mr. Barnhardt,
This letter is part of the corrective action I have taking in regards to the violation that
occurred on my farm. We did not move the lagoon marker in lagoon 1 and we had no
idea it had been moved until Mr. Guyton came to the farm on February 4, 2011. I'm sure
you can imagine how upset we were when we realized we only had 6.6 inches of
freeboard. We immediately started transferring waste water from lagoon 1 to lagoon 2 so
that we had l l inches in each lagoon. We then hired Triple S Farms February 11, 2011 to
use an aerway system to apply the waste to our fields so that we were in compliance and
had extra freeboard levels in both lagoons. Since then we have been in compliance and
monitor the lagoon levels daily. We have met with Becky Spearman, Dean Morris and
Rick Morris to review our waste management plan. We have sprayed Roundup on fields
4, 10 and 11 and plan to do a controlled burn the beginning of April. We will continue to
do everything that we possibly can to ensure our lagoons and farm continue to stay in
compliance with all rules and regulations.
Fox Bay Farm, LLC
Facility No. 09-45

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESouRcES
j DlvISION OF WATER QUALITY
3� FAYETTEVILLE REGIONAL OF FIC
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a
- suitable waste application field as soon as weather permits and per the CAWMP.
225 GREEN STREET, SUITE 714 SYSTEL BLP. FAYETTEV,LL£, NORTH CAROLINA 26301-SO43
PHONE [phone] FAX [phone]
AN EDUA4 OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYC4ED/10% POST -CONSUMER PAPER
DNISION OF WATER QUALITY
JANIC5 B. HUNT
GbIVIE °R
March 14, 2000
E3I1-L HOLM:AN
CERTIFIED NIAIL
"RETAR'
RETURN RECEIPT REQUESTED
r>
Elden Hester
�ER� rs7cV ENS.-_-_'
8326 Center Road
i?1R�c'OR`,
Bladenboro, NC 28320
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090045
Elden Hester Farm
s:.
Facility No. 09 - 45
Bladen County
.:
Dear Mr. Hester:
You are hereby notified that, having been permitted to have a non -discharge
permit for the sub}ect animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On February 22, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Elden Hester swine facility in Bladen
County. It was observed that the facility was irrigating and wastewater was
ponding and observed leaving the spray field. WasteIvater.was also observed in a
grassed waterway. There was evidence to indicate that the gun cart had been pulled
out across the waterway, which contained a continuous flow of water and allowed
to spray waste directly in the waterway. Animal waste flowed via the waterway
and ultimately discharge into Mill Swamp which is Class "C SW" waters. Both
=
lagoons were also observed to be in the emergency storage level (12 inches and 18
inches).
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a
- suitable waste application field as soon as weather permits and per the CAWMP.
225 GREEN STREET, SUITE 714 SYSTEL BLP. FAYETTEV,LL£, NORTH CAROLINA 26301-SO43
PHONE [phone] FAX [phone]
AN EDUA4 OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYC4ED/10% POST -CONSUMER PAPER

Page 3
Elden Hester Farm
March 14, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Sin
1�
1
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Howard Hobson - Carroll's Foods, Inc_

t
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DMSION OF WATER QUALITY
June 17, 1998
OL ' 114 I U- -t -
►.�_ ; a•�1� ; cif �_ r
Mr- Elden Hester
8326 Center Road
Bladenboro, NC 28320
SUBJECT: NOTICE OF DEFICIENCY
Elden Hester Farm
Registration No.09-45
Bladen County
Dear Mr. Hester:
On June 11, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection at the subject
facility located on SR 1126 (Center Road) in Bladen County. It was
determined that several of the waste application fields required the
establishment of the crop (bermuda grass) per the certified animal waste
management plan (CAWMP). In addition, the lagoon dikes need a suitable
cover grass established to prevent erosion of the liner and the embankrnent.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Consult with a agriculture or technical specialist in regard to the
establishment of ber muda grass on the waste application fields and
modify the CAWMP or sprig the fields as required for waste
application.
2. Consult with a technical specialist in regard to the establishment of a
suitable grass on the lagoon dikes.
Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from
these deficiencies.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26901-5048
PHONE [phone] FA% D10-466-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER . 50% RECYCLE0/10% POST-CONSUM[R PAPER

Mr. Hester
Page 2
June 17, 1998
. if you have any questions concerning this matter, please call Robert F. Heath, Environmental
Specialist, at [phone].
Sincerely,
T--�ef
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. MRCS .

Water R esources
ENVIRONMENTAL QUALITY
March 29, 2016.
CERTIFIED MAIL 7012 3050 00019398 9847
RETURN RECEIPT RE UESTED
Fox Bay Farm LLC
8326 Center Rd.
Butters, North Carolina 28320
PAT MCCRORY
CW
DONALD R. VAN DER VAART
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-PC-0102
Fox Bay LLC Facility No. 09-45, Permit No. AWS090045
Bladen County
Dear Mr. John Hester
Secretary
S. JAY ZIMMERMAN
Direclor
On Marc} 9, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Fox Bay LLC and the permitted waste disposal system. We wish to thank Mr.
John Hester and Mr. Don Jacobs, who were present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No. AWS090045 Section V 2).
On February 21, 2016 during a lagoon structure evaluation inspection a lagoon/storage pond level was
documented at 12 inches of freeboard at lagoon 1 (front).
A lagoon/storage pond level was documented at 7 inches of freeboard at lagoon 2 (back).
level of 19 inches is the max level allowed by your perruit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated February 22, 2016
and received in the Fayetteville Regional Office on February 22, 2016. Take all necessary additional
steps to insure lagoon levels remain in compliance with Section (V 2) of your permit.
A review of your pumping records showed that you failed to maximize the available PAN which
prevented you from maintaining compliant lagoon levels. As noted in violation 4 you need to maintain all
fields for applying waste to manage your lagoons as required by your permit.
State of North Carolina I Environmental Quality I water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 26301-5043
910-433-3300

Mr. Hester
March 29, 2016
21Page
Violation 2:
Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in
accordance with your permit: (Permit No. AWS090045 Section III e & f).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5 day written report. You
documented on your waste structure freeboard form FRBD-1 that on February 6, 2016 your lagoon levels
were inadequate. On February 20, 2016 you reported lagoon levels of 7 and 12 inches.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
Failure to remove trees, shrubs, and other woody vegetation and lagoon areas shall be accessible, and
vegetation shall be kept mowed in accordance with your permit: (Permit No. AWS090045 Section H 12).
On March 9, 2016 it was documented that no effort had been made to mow or remove small woody
vegetation as requested during your 2015 compliance inspection. From 2011 to 2016 it has been
documented on your inspections that you need to maintain your lagoon banks. Some effort has been made
over the years but not enough to comply with your permit.
Required Corrective Action for Violation 3:
If you have not already done so mow lagoon banks from the top down past the toe of the embankment.
Repair any erosion, do this by May 31, 2016.
Violation 4:
Failure to maintain a vegetative cover as specified in your facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP: (Permit No. AWS090045 Section H 2).
On March 9, 2016 it was documented that some effort has been made to clean up your spray fields as
specified in your in the review of your CAWMP by Bladen NRCS, Bladen Livestock Agent and Regional
Agronomist in 2011. You still have several fields that you can't apply waste to because of their
condition. Thisinus your ability o mam am compliant agoon levelsdu—nng prolonged wet conditions as
noted in violation 1.
Required Corrective Action for Violation 4:
If you have not already done so develop a Plan of Action on how you will clean up these fields and get
them back into production.
By April 30, 2016 submit a POA of how you will proceed with the cleanup of your spray fields to DWR.
By May 31, 2016 a physical effort must be made to start the cleanup of these fields.

Mr. Hester
March 29, 2016
31 Page
Violation 5:
Failure to conduct an analysis of a representative sample of the animal waste to be applied within 60 days
before or after the date of application in accordance with your permit: (Permit No. AWS090045 Section
111 5).
On March 9, 2016 it was documented that you took only one waste analysis during 2015 (May 7, 2016).
Your last sample was February 26, 2016. In 2014 you received a Notice of Deficiency for failure to have
a valid waste analysis for spray events.
Required Corrective Action for Violation S:
Remember take an analysis of a representative sample of your animal waste as close to time of
application as possible. In no case the sample should not be more than 60 days before or after the date of
application.
Violation 6:
Failure to take Representative Standard Soil Fertility analysis of each field receiving animal waste at least
once every three years in accordance with your permit: (Permit No. AWS090045 Section 1114).
On March 9, 2016 it was documented that no soil analysis was taken in the last 3 years.
Required Corrective Action for Violation 6:
If you have not done so take a Representative Standard Soil Fertility analysis of each field receiving
animal waste.
Do this prior to December 31, 2016.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before (aril 30, 2016):
1. Copies of all the pumping records, lagoon levels, rainfall records, transfer records of waste
removed by truck, and waste analyses for this farm from January 1, 2015 to the present along
with a copy of your CAMP.
2. An explanation from the 01Cfor this farm regarding how this violation occurred.
3. A list from the 01C concerning the steps that will be taken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
December 31, 2016 and to provide a written response to this Notice by April 30, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.

Mr. Hester
March 29, 2016
4j Page
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water 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.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files

Fox Bay Farm, LLC
8326 Center Road
Bladenboro, NC 38320
910-648-4339
April 6, 2016
State of North Carolina
Environmental Quality —Water Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation Permit No. AWS090045
To whom it may concern:
RECEIVED
DEQIDWR
APR 1 1 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE
We are in receipt of the notice dated March 29, 2016 and offer this written response and corrective
action plan.
Violation 1:
We have lowered the waste levels in our lagoons to be in accordance with the facilities Certified Animal
Waste Management Plan. As of April 4, 2016, the levels were as follows:
• Lagoon #1 was 29 inches of freeboard
Lagoon #2 was 25 inches of freeboard
We will continue to follow the: proposed actions outlined in our plan of action and will take all necessary
additional steps to insure lagoon levels remain in compliance with Section (V 2) of our permit.
Violation 2:
We will notify the Division of Water Resource by telephone within 24 hours following first knowledge of
the occurrence of a reportable permit condition, if one should occur. We will also provide a written
report with five calendar days of the self -reporting.
Violation 3:
We have contracted with a vendor to assist in removing vegetation in the lagoon area so we will be in
accordance with our permit. We do not have suitable equipment to mow in that area and have
contracted with vendors in the past. Sometimes, we were not able to get the mowing done in a timely
manner. We will increase our efforts to insure that the lagoon banks are mowed on a regular basis.
Violation 4: . I ,
We have maintained a vegetative cover but due to wet conditions, have not been able to mow and
apply waste to those fields. We will develop a plan of action to cleanup our spray fields to be in
accordance with our facilities CAWMP and submit it by April 30, 2016. We will start immediately to
clean up the fields.

Violation 5:
We have developed a plan to improve recording keeping in regard to waste samples. This plan includes a
set calendar reminder to alert us that the samples are due and we have assigned the farm manager with
the responsibility to complete this task.
Violation 6:
We apologize for this oversight and plan to take a representative standard soil fertility analysis of each
field receiving animal waste and be in accordance with our permit prior to December 31, 2016.
We have not received invoices or records from pumping vendors but we will supply these records to
DWR as soon as we receive them. All other requests will be filled prior to April 30, 2016.
We respectfully request that you consider that our situation was exasperated by excessive rain in the
months prior to these violations. We continue our commitment to be in compliance with all of our
permit and will work towards that goal.
We appreciate the professional and courteous manner exhibited by Steve Guyton and look forward to
working with him and your office in the future.
Please contact me with any questions or concerns.
Sincerely,
?4:i:t
John C. Hester
Operator in Charge

RECEIVED
DEQIDWR
PAT MCCRORY
NOVi•�• Dill V '1 �U)) Crowrnar
DONALD R. VAN DER VAART
- WQROS S---Y
WaterResour�es FAYETiEVlLLC REr'QA . OFFICE S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY -
Direaor
November 4, 2016
John Hester
Fox Bay Farm LLC
8326 Center Road
Butters, North Carolina 28320
RE: Acknowledgment of Receipt of Payment
Case No.: PC -2016-0039
Farm No.: 9-0045
Bladen County
Dear Mr. Hester:
This letter is to acknowledge receipt of your check No. 2636 in the amount of $6344.60
on November 4, 2016. This payment satisfies in full the civil assessment in the amount of
$6344.60 levied against Fox Bay Farm, LLC and the case has been closed. If you have any
questions, please call me at [phone].
Miressa D. Garoma
Animal Feeding Operations Program
cc: WQROS- Fayetteville Regional Office
File # PC -2016-0039
WQROS Central Files (AWS090045)
Slate of North Carolina j Environmental Quality I Water ResourcesNVat« Qualify Regional Operations
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 707 9129

. I
'N
Water Resources
ENVIRONMENTAL QUALITY
October 26, 2016
CERTIFIED MAIL - #70151520 0000 7838 4160
RETURN RECEIPT REQUESTED
John Hester
Fox Bay Farm LLC
8326 Center Road
Butters, North Carolina 28320
Dear Mr. Hester:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secretary
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 9-0045
Bladen County
Enforcement File No. PC -2016-0039
Director
This letter transmits notice of a civil penalty assessed against Fox Bay Farm LLC in the amount of $5000.00,
and $1344.60 in investigative costs, for a total of $6344.60. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose fitrther enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
State of North Carolina I Environmental Quality I Water Res ou ces
Water Quality Regional Operations Section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 707 9129

Assessment of civil penalty
Fox Bay Fane LLC
Enforcement # PC -2016-0039
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in -
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
Fox Bay Farm LLC
Enforcement # PC -2016-0039
Page 3 of 3
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Gamma at [phone].
Sincerely,
l
;benRiklity
ief
WatergionalOperations Section
Division of Water Resources
ATTACHMENTS
cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments RECEIVED
File # PC -2016-0039 w/ attachments DEQIDWR
WQROS Central Files w/ attachments
Bladen County Health Department
NOV Q 4 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE

or
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
FOX BAY FARM LLC
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -2016-0039
} FINDINGS AND DECISION
} AND ASSESSMENT OF
} CIVIL PENALTIES
}
}
}
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), I, .Ion Risgaard, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Fox Bay Farm LLC is a corporation organized and existing under the laws of the State of
North Carolina.
B. Fox Bay Farm LLC owns and operates Fox Bay Farm LLC, a swine animal operation in
Bladen County.
C. Fox Bay Farm LLC was issued Certificate of Coverage AWS090045 by DWR, under
General Permit AWG 100000 for Fox Bay Farm LLC on October 1, 2014, effective upon
issuance, with an expiration date of September 30, 2019.
D. Condition II.2. of the General Permit AWG100000 states in part that a vegetative cover
shall be maintained as specified in the facility's CAWMP on all land application fields and
buffers in accordance with the CAWMP.
E. On March 9, 2016 it was documented that some effort has been made to clean up spray
fields as specified in the review of your CAWMP by Bladen NRCS, Bladen Livestock
Agent and Regional Agronomist in 2011. Several fields still remain unusable due to their
condition.
F. Condition 11. 12. of the General Permit AWG 100000 states in part trees, shrubs, and other
woody vegetation shall not be allowed to grow on the lagoon embankments. Lagoons areas
shall be accessible, and vegetation shall be kept mowed.
G. On March 9, 2016 it was documented that no effort had been made to mow or remove small
woody vegetation as requested during your 2015 compliance inspection. 2011 through
2016, DWR staff have noted on inspections that lagoon banks need mowing and small trees
removed. Some effort has been made over the years but not enough to comply with the
permit. Farm received a Notice of Deficiency for this violation in 2014.

No.
H. Condition 111.4. of the General Permit AWG 100000 states that "A representative Standard
Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on
each application field receiving animal waste in accordance with NCGS 143-
215. 1 0C(e)(6). As of the effective date of this General Permit, the Statute requires that the
analysis be conducted at least once every three years.
1. On March 9, 2016 it was documented that no soil analysis was taken in the last 3 years.
J. Condition 111.5. of the General Permit AWG100000 states in part that an analysis of a
representative sample of the animal waste be conducted within 60 days before or after the
date of application in accordance with the CAWMP.
K. On March 9, 2016 it was documented that only one waste analysis was taken during 2015
(May 7, 2015). The last sample taken was February 26, 2016. In 2014 the farm received a
NOD for failure to have a valid waste analysis for spray events. Records show pumping on
Field 4 on July 16; Field 6-2 on August 6, 14, 15, 17 & September 16; Field 8 on August
24, September 10, October 9, & 13; Field 9-1 on August 18, 28; Field 9-2 on August 29 &
October 14.
L. Condition V.2, of General Permit AWG100000 states that "the maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25 -year, 24-hour storm event plus an additional
one (1) foot of structural freeboard except that there shall be no violation of this condition
if: (a) there is a storm event more severe than a 25 -year, 24-hour event, (b) the Permittee
is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard."
M. The CAWMP for Fox Bay Farm LLC requires that the waste level in the lagoons not exceed
the maximum liquid level of 19 inches below the top of the lagoon wail.
N. DWR staff from the Fayetteville Regional Office (FRO) inspected Fox Bay Farm LLC on
February 21, 2016 and observed that the waste Ievel of the front lagoon was twelve (12)
inches and seven (7) inches in the back lagoon which exceeded the level specified in the
CAWMP.
O. Condition 111. 13, of the General Permit AWG100000 states that "The Permittee shall report
by telephone to the appropriate Division Regional Office as soon as possible, but in no case
more than twenty-four (24) hours following first knowledge of the occurrence of any of
the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition V.2. of the General Permit. (f) Failure to
maintain waste level in a lagoon/storage pond below that of the designed structural
freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond
design). Note that this notification is in addition to the report required by Condition III. 13.e
above.
P. Fox Bay Farm LLC notified by phone to the FRO DWR Staff on February 20, 2016 that
the waste level was twelve (12) inches in the front lagoon and seven (7) inches in the back
lagoon. This was the first notification by any means to the FRO of non-compliant lagoon
levels. DWR staff from the FRO inspected Fox Bay LLC on February 21, 2016 and
observed that the waste level of the front lagoon was twelve (12) inches and seven (7)
inches in the back lagoon which exceeded the level specified in the CAWMP. Facility
record show freeboard violation on February 6, 2016 that were not reported.

l
Q. The NOV/NOI was sent by certified mail, return receipt requested and received on April
4, 2016.
R. The cost to the State of the enforcement procedures in this matter totaled $1,344.60.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Fox Bay Farm LLC, are "persons" within the meaning of N.C.G.S. 143-215.6A pursuant
to N.C.G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above-cited failure to maintain a vegetative cover as specified in the facility's
CAWMP on all land application fields and buffers violated Condition II.2. of the General
Permit AWG100000.
D. The above-cited failure to keep the lagoon embankments mowed to prevent trees, shrubs,
and other woody vegetation from growing and lagoon banks accessible violated Condition
I1.12. of the General Permit AWG 100000.
E. The above-cited failure to conduct a representative standard soil fertility analysis at least
once every three years violated Condition 111.4. of the General Permit AWG 100000.
F. The above-cited failure to conduct an analysis of a representative sample of the animal
waste within 60 days before or after the date of application is a violation of Condition I11.5.
of General Permit AWG f 00000.
G. The above-cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition V.2. of the General Permit
AWG 100000.
H. The above-cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge of
the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition V.2. violated Condition 111.13. e.
& f. of the General Permit AWG 100000.
L N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may
be assessed against a person who fails to apply for or to secure a permit required by
N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit required by N.C.G.S. 143-215.1.
The State's enforcement costs in this matter may be assessed against Fox Bay Farms LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
K. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.

a
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Fox Bay Farm LLC, are hereby assessed a civil penalty of:
$
—00 For violating Condition II.2. of General Permit AWG 100000 for failure to
maintain sufficient vegetative cover on spray -fields where the crop is
insufficient for nutrient utilization.
$ 500 For violating Condition 11.12. of General Permit AWG 100000 for failure
to keep the lagoon embankments mowed to prevent trees, shrubs, and other
woody vegetation from growing on lagoon embankments and prevent
from lagoon banks accessible.
$ 5Q0 For violating Condition 111.4, of General Permit AWG 100000 for failure
to conduct a representative standard soil fertility analysis.
$ 100b For violating Condition 111.5. of General Pemut AWG100000 for failure
to conduct waste analysis within sixty days of the date of application.
$ ! SOO For violating Condition V.2. of General Permit AWG100000 for failure to
maintain adequate freeboard in the two lagoons.
$ l 00 U For violating Condition 111. 13. e. & f. of General Permit AWG 100000 for
failing to report by telephone to the appropriate Regional Office as soon
as possible, but in no case more than 24 hours, first knowledge of any
discharge to ditches
$ TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-2I5.6A.
$1344.60 Enforcement costs
$ 6-1` 4 TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1 (b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

4
N. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Fox Bay harm
LLC, in accordance with N.C.G.S. 143-215.6(A)(d).
to/;L& l«
(Date)
Water Qualify Regional Operations Section
Divisia of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Fog Bay Farm LLC
County: Bladen
Case Number: PC -2016-0039
Permit Number: AWS090045
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
In reference to the cited violations, no harm to the natural resources of the State was observed, to the
public health, or to private property was documented. No discharge of waste from the waste collection
and treatment system could `be documented.
— ri is ";: I .L A -.v Ur". Cour'r Vail r4 1 relff"e1 6 � 4.,d 1-j nu ".. Ft.�a 1Mca) 4„ Ge
2) The duration and gravity of the violation; -6 0(4,, ers eer ��lwi.I A %vQ%Av.
Fox Bay Farm LLC. provided recorded freeboard levels. Based on this information, the lagoons were out
of compliance after February 3, 2016. The noncompliant lagoons were not reported to DFM until
February 20, 2016 Violations have been an ongoing issue far the past three years.
3) The effect on ground or surface water quantity or quality or on air quality;
No evidence of ground or surface water effect could be determined. No discharge of the waste collection
and treatment system could be found.
4) The cost of rectifying the damage;
This factor cannot be determined because no data exists to establish the presence or extent of damages.
S) The amount of money saved by noncompliance;
The amount of monetary savings by not applying waste during the Bermuda window of 2015 has been
offset by the cost of hiring outside contractors to pump and haul and land apply waste. Waste analysis
samples @ $8.00 each, the farm saved $48. 00for 6 samples not taken over 2 years. j
— v4r-&c C)*% r%J a— C r6-1le 4c � rel for Z -'(j ! leSvr,.., tea-.oli�w � tc.1� - D■'Tvlilt � jvra +
6) Whether the violation was committed willfully) or intentionafty; 1 b -1 C, r
Mr. Hester knowingly jailed to comply with permit conditions by failure to report the non-compliant
lagoons, taking waste analysis, soil samples, clean up spray fields and mowing lagoon banks. DWR Staff
have repeatedly discussed these issues with Mr. Hester after he took over the operation of thisfarm in
October 2010.
Prior to Fox Bay Farm LLC taking over operation of A W3090045, it was operated by Mr. Harold
Allen the lessee. On February 1, 2010, DWR and Soil and Water staff from FRO surveyed the lagoons
after discharge and high freeboard violations were discovered (DV -2010-0057) on January 29, 2010
during a complaint investigation. It was determined that the lagoon markers were not correct, the front
lagoon was 4.5 inches lower and the back lagoon was 2.5 inches lower than the true level of the lagoon.
Mr. Allen was supposed to have his integrator reset his markers.
On February 9, 2011 it was confirmed by the integrator they were not contacted by Mr. Allen and they
did not repair the markers. The markers were reset the week of February 14, 2011,
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
NOVINOI - 2011- fpr failure to maintain waste levels in lagoons in accordance with the facilities
CAWMP and failure to notify DWR.
NOD -2013- for failure to mow lagoon banks and failure to take soil samples for 2012.
NOD -2014- no valid waste analysis for spray events.
8) The cost to the State of the enforcement procedures.
$1344.60 l
lu t6
Date Jon and
rev 1.0 - 6.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC -2016-0039 County: Bladen
Assessed Party: Fog Bay Farm LLC
Permit No.: AWS090045 Amount assessed: $6344.60
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Rikht 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 determining your request for
remission. Please be aware that a request for remission is Iimited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil 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:
\Rem. req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FOX BAY FARM LLC }
PERMIT NO. AWS090045 ) FILE NO. PC -2016-0039
Having been assessed civil penalties totaling $6344.60 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, October 26, 2016, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in
the assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment_
This the day of , 2016
Signature
ADDRESS
TELEPHONE

PAT MCCRORY
DONALD R. VAN DER VAART
Water Resources
ENVIRONMENTAL QUALITY
March 29, 2016
CERTIFIED MAIL 7012 3050400019398 9847
RETURN RECEIPT REQUESTED
Fox Bay Farm LLC
8326 Center Rd.
Butters, North Carolina 28320
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-PC-0102
Fox Bay LLC Facility No, 09-45, Permit No. AWS090045
Bladen County
Dear Mr. John Hester
Secretary
S. JAY ZIMMERMAN
Director
On March 9, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Fox Bay LLC and the permitted waste disposal system. We wish to thank Mr.
John Hester and Mr. Don Jacobs, who were present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have. a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,_ you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No. AWS090045 Section V 2).
On February 21, 2016 during a lagoon structure evaluation inspection a lagoon/storage pond level was
documented at 12 inches of freeboard. at lagoon 1 (front).
A lagoon/storage pond level was documented at 7 inches of freeboard at lagoon 2 (back):
level .
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated February 22, 2016
and received in the Fayetteville Regional Office on February 22, 2016. Take all necessary additional
steps to insure lagoon levels remain. in compliance with Section (V 2) of your permit.
A review of.your pumping records showed that you failed to maximize the available PAN which
prevented you from maintaining compliant lagoon levels. As noted in violation 4 you need to maintain all
fields for applying waste to manage your lagoons as required by your permit.
State of North Carolina I Saviroutnental Quality I Water Resources
225 Careen Street -Suite 7141 Fayetteville, North Carolina 28301.5043
`�9l 3�3 3.3300

Mr. Mester
March 29, 2016
21 Page
Violation 2:
Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in
accordance with your permit: (Permit No. AWS090045 .Section III e & f)..
Your permit specifically requires. notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5 day written report. You
documented on your waste structure freeboard form FRBD-1 that on February 6, 2016 your lagoon levels
were inadequate. On February 20, 2016 you reported lagoon levels of 7 and 12 inches.
Required Corrective Action for Violation 2:
Inthe future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
Failure to remove trees, shrubs, and other woody vegetation and lagoon areas shall be accessible, and
vegetation shall be kept mowed in accordance with your permit: (Permit No. AWS090045 Section II 12)
On March 9, 2016 it was documented that no effort had been made to mow or remove small woody
vegetation as requested during your 2015 compliance inspection. From 2011 to 20.16 it has been
documented on your inspections that you need to maintain your lagoon banks. Some effort has been made
over the years but not enough to comply with your permit.-
Required
ermit.
Required Corrective Action for Violation 3:
If you have not already done so mow lagoon banks from the top down past the toe of the embankment.
Repair any erosion, do this by May 31, 2016.
Violation 4:
Failure to maintain a vegetative cover as specified in your facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP: (Permit No. AWS090045 Section IT 2).
On March 9, 2016 it was documented that some effort has been made to clean up your spray fields as.
specified in your in the review of your CAWMP by Bladen NRCS, Bladen Livestock Agent. and Regional
Agronomist in 2011. You still have several fields that you can't apply waste to because of their
condition. s lih—uts your ability— to maintain compliant ago n levels
noted in violation 1.
Required'Corrective Action for Violation 4:
If you have not already done so develop a Plan of Action on how you will clean up these fields and get
them back into production.
By April 30, 2016 submit a POA of how you will proceed with the cleanup of your spray fields to DWR.
By May 31, 2016 a physical effort must be made to. start the cleanup of these fields.

Mr. Hester
March 29, 2016
31Page
Violation 5:
Failure to conduct an analysis of a representative sample of the animal waste to be applied within 60 days
before or after the date of application in accordance with your permit: (Permit No. AWS090045 Section
1115).
On March 9, 2016 it was documented that you took only one waste analysis during 2015 (May 7, 2016).
Your last sample was February 26, 2016. In 2014 you received a Notice of Deficiency for failure to have
a valid waste analysis for spray events.
Required Corrective Action for Violation 5:
Remember take an analysis of a representative sample of your animal waste as close to time of
application as possible. In no case the sample should not be more than 60 days before or after the date of
application.
Violation 6:
Failure to take Representative Standard Soil Fertility analysis of each field receiving animal waste at least
once every three years in accordance with your permit: (Permit No. AWS090045 Section 1114).
On March 9, 2016 it was documented that no soil analysis was taken in the last 3 years.
Required Corrective Action for Violation 6:
If you have not done so take a Representative Standard Soil Fertility analysis of each field receiving
animal waste.
Do this prior to December 31, 2016.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items -on 'or before.(April 30, 2016):
1. Copies of all the pumping records, lagoon levels, rainfall records, transfer records of waste
removed by truck, and waste analyses for. this farm from January 1, 2015 to the present along
with a copy of your CAWMP.
2. An explanation from the OIC for this farm regarding how this violation occurred.
3. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
You are required to take any necessary .action to correct the above violations on or before
December 31, 2016 and to provide a written response to this Notice by April 30, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten 00) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.

Mr, Hester
March 29, 2016
41 Page
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water 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-pennit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files .

i.1:S. Posta��Service���
= ..
GERTIFIED-MAIL,, RECEIPT.
ppinestic Mail Oniy"Wo lnsurance Coverage
Provldedj _
For,delivery�info�matiorYyisit ouc website at
— -��
www.usps:cam ;
x
a

Fox Bay Farm, LLC
8326 Center Road
Bladenboro, NC 38320
910-648-4339
April 6, 2016
State of North Carolina
Environmental Quality — Water Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation Permit No. AWS090045
To whom it may concern:
RECEIVED
DEQIDWR
APR 1 1 2016
FAYETTEVILLEQROONAL OFFICE
We are in receipt of the notice dated March 29, 2016 and offer this written response and corrective
action plan.
Violation 1:
We have lowered the waste levels in our lagoons to be in accordance with the facilities Certified Animal
Waste Management Plan. As of April 4, 2016, the levels were as follows:
• Lagoon #1 was 29 inches of freeboard
• Lagoon #2 was 25 inches of freeboard
We will continue to follow the.proposed actions outlined in our plan of action and will take all necessary
additional steps to insure lagoon levels remain in compliance with Section (V 2) of our permit.
Violation 2:
We will notify the Division of Water Resource by telephone within 24 hours following first knowledge of
the occurrence of a reportable permit condition, if one should occur. We will also provide a written
report with five calendar days of the self -reporting.
Violation 3:
We have contracted with a vendor to assist in removing vegetation in the lagoon area so we will be in
accordance with our permit. We do not have suitable equipment to mow in that area and have
contracted with vendors in the past. Sometimes, we were not able to get the mowing done in a timely
manner. We'will increase our efforts to insure that the lagoon banks are mowed on a regular basis.
Violation'4:
We have maintained a vegetative cover but due to wet conditions, have not been able to mow and
apply waste to those fields. We will develop a plan of action to clean up our spray fields to be in
accordance with our facilities CAWMP and submit it by April 30, 2016. We will start immediately to
clean up the fields.

Violation 5:
We have developed a plan to improve recording keeping in regard to waste samples. This plan includes a
set calendar reminder to alert us that the samples are due and we have assigned the farm manager with
the responsibility to complete this task.
Violation 6:
We apologize for this oversight and plan to take a representative standard soil fertility analysis of each
field receiving animal waste and be in accordance with our permit prior to December 31, 2016.
We have not received invoices or records from pumping vendors but we will supply these records to
DWR as soon as we receive them. All other requests will be filled prior to April 30, 2016.
We respectfully request that you consider that our situation was exasperated by excessive rain in the
months prior to these violations. We continue our commitment to be in compliance with all of our
permit and will work towards that goal.
We appreciate the professional and courteous manner exhibited by Steve Guyton and look forward to
working with him and your office in the future.
Please contact me with any questions or concerns.
Sincerely,
994 -
John C. Hester
Operator in Charge

PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number: 7 . �/s
Facility Name: o x 13�z q Fal' i7, c 4 c-
coonty: Q« 1 ?
Certified Operator Name: .T h Operator #
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Structure 1 Structure 2' Structure 3 Structure 4 Structure 5 Structure 6
Lagoon Name/Identifier (ID): 1 2 ,.-
Spillway (Yes or No):
Level (inches):
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within
acceptable ranges.
Liquid level is within the 25 year 24 hour storm elevation's for one or more structures. A 30 day
Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information.
Contact and secure approval from the Division of Water Quality prior to transfer of waste
to a site not covered in the facility's certified animal waste management plan.
Operation will be partially or fully depopulated.
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: z 2 1 �
I hereby certify. that I have reviewed the information listed above and included within the attached Plan
of Action, and to the best of my knowledge and ability, the information is accurate and correct.
7-0hn ( es+,eiz
Facility Owner/Manager (print)
Facility Owner/Manager (signature)
PoA Cover Page 2121100
Phone:
Date: a l as l l (p

II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS
FOR ALL WASTE STRUCTURES FOR FACILITY
1.
structure ID: 1
fine I =
116897 gallons
2.
structure ID: 2
line 1=
87501 gallons
3.
structure ID:
line i =
gallons
4.
structure ID:
line I =
gallons
5.
structure ID:
line I =
gallons
6.
structure ID:
line I
gallons
n.lines 1+2+3+4+5+6=
o. line n l 27154 =
204398 gallons
7.53 acre -inches
III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD' 2
'While this section deals with hydraulic loading capacities, applications cannot exceed
agronomic rate for receiving crop according to its certified waste plan.
2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are
not considered available to receive waste.
p. tract # q. field # r. soil type
s. crop
t. acres
u. remaining
IRR -2 PAN
balance
(lb/acre)
v. maximum w. maximum
application rate application
(in/hr) amount (inches)
415 4 Lynn Haven
rye overseed
8.00
29.95
0.65
0.72
6 Foreston
rye overseed
7.501
44.43
0.5
0.96
8 AutrVville
rye overseed
4.60
39.36
0.6
0.72
91 Foreston
a overseed
8.20
58.49
0.5
0.96
x. total acres available during 5 day draw down (sum of column t) = 29.30 acres
IV.. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE
Y. line o - 0.26 Inches per acreto be applied within 5 days
line x
If udwAe(S d l-- hydraulic load listed In line y, list course of action here including pump
and haul, depopuiatlon, herd reduction, etc. For pump & haul and herd reduction options,
recalculate now hydraulic load based on new Information.

Describe moisture conditidns of fields? (e.g. Is there water standing in field; does irrigation
equipment mar aown in nela: --tratticatmi - across soils; will soils absorb application without runoff, etc.
Some standing water in Fields 4 and waterways. Irrigation will take place today as land conditions permit. Can
spray without using waterway.
2. Date and amount of last rainfall event?
DATE: 02/16/16 AMOUNT; 1 1.30 inches
3. Dates of last waste application event per field:
Field 4 on 212
Field 6 on 1114
Field B on 1126
Field 9 on 2120
4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in
line "n" at appropriate seasonal i.e. winter application rates within 5 days?
Yes equipment and conditions are favorable.
5. Irrigation schedule -for next 5 days - include daily schedule; proposed application rates and amounts
irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to
meet proposed than es in application rates and amounts', and any other information for consideration.
Will use aerway to apply on 2-23-15.
PoA (5 Day) 2121100

II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND10R 25 YR -124
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure 1D: 1 line m = 1037.2 ib PAN
2, Structure ID: 2
3. Structure ID:
4. Structure ID:
5. Structure ID:
6. Structure ID:
line m = 1171.8 Ib PAN
line m = Ib PAN
line m = Ib PAN
line rn = Ib PAN
line rn = Ib PAN
n.lines 1+2+3+4+5+6= 2209.0 lb PAN
Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
o. tract # p. field # q. crop
r. acres
s. remaining IRR t TOTAL PAN
2 PAN balance BALANCE FOR
(!Macre) FIELD (Ibs.)
column r x s
u. application windows
4151 4 rye overseed
9.00
29.95
269.6
Oct - Mar 31
6 rye overseed
7.50
44.43
333.2
Oct - Mar 31
8 rye overseed
4.60
39.36
181.1
Oct - Mar 31
9 rye overseed
8.20
58.49
479.6
Oct - Mar 31
4 bermuda
9.00
169
1521.0
March 1 -Se t 30
6 bermuda
7.50
225
1687.5
March 1 -Sept 30
8 bermuda
4.60
275
1265.0
March 1 -Set 30
9 bermuda
8.20
300
2460.0
March 1 -Set 30
'State current crap ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 8196.9 Ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section II) = 2209.0 Ib. PAN
x. Crop's remaining PAN balance (line v from section III) = 8196.9 Ib. PAN
y. Overall PAN balance (w - x) _ -5988 Ib. PAN
IARRATIVE: _
Vill begin pumping with aerway system on 2-22-15. Will continue to pump on overseed fields until lagoons are
pack in compliance. Starting March 1st can begin pumping on bermuda PAN (included in overal balance.
PoA (30 Day) 2121100

PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Namelidentifier (ID): 2
2. Current liquid volume in 25 yr./24 hr. storm storage $ structural freeboard
a. current liquid level according to marker
b. designed 25 yr./24 hr. storm & structural freeboard
c. line b - line a (inches in red zone) =
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e. line 012 x line d x 7.48 gallons/W
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
7.0 inches
19.0 inches
12.0 inches
72815 ft2
544664 gallons
180 days
g. volume of waste produced according to structural design 87035 ft3
h. current herd # 2500 certified herd # 3520
actual waste produced = current herd # x line g = 61815 ft'
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 5/7/2015
m. ((lines e + k)11000) x line I
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2121100
®W
44625 ft3
132695 gallons
1.73 Ibs11000 gal.
1171.8 lbs. PAN

PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL. PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): Fl -
2.
2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard
a. current liquid level according to marker
b. designed 25 yr./24 hr. storm & structural freeboard
c. line b - fine a (inches in red zone) _
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e, line c/12 x line d x 7.48 gallonslft3
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
12.0 inches
19.D inches
7.0 inches
96866 fe
422659 gallons
1 B-01 days
g. volume of waste produced according to structural design 116329 ft3
h. current herd # 2500 certified herd #1 3520
actual waste produced = current herd # x line g
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 5/7/2015
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2/21/00
82620 ft3
®fe
59267 ft'
176886 gallons
. I
1.73 Ibs/1000 gal.
1037.2 lbs. PAN

PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
5 DAY DRAW DOWN PERIOD
1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/identifier (ID): 1
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 11.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard 19.Q inches
c. line b - line a (inches in red zone) = 8.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 96866 ft2
e. line c/12 x line d x 7.48 gallonslft' 483038 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 116329 Jft3
h. current herd #2500 certified herd # 3520
actual waste produced = current herd # x line g = 82620 ft'
certified herd #
i. volume of wash water according to structural design ft3
j. excess rainfall over evaporation according to design 59267 ft3
k. (lines h + i +j) x 7.48 x 5 days/line f= 29481 gallons
4. Total PAN to be land applied during draw down period
I. current waste analysis'dated 1 10/11 1 1.10 lbs11000 gal.
m. ((lines e + k)11000) x line I = 563.8 lbs. PAN
5 Total volume of waste to be land applied during 5 day draw down
I. total volume to be land applied line e + line k = 116893 gallons
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)

PLAN OF ACTION (POA) FOR HIGH FREEBOARD ATANIMAL FACILITIES
5 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): 2
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 7.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches
c. line b - line a (inches in red zone) = 12.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 72816 fe
e. line c/12 x line d x 7.48 gallonslfe 544664 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 87035 ft3
h. current herd # FT507701 certified herd # 3520
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 5 daysiline f--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 10/11/2
1 0
m. ((lines e + k)/1000) x line I
5 Total volume of waste to be land applied during 5 day draw down
61815 ft'
®�3
44625 11?
22116 gallons
1.20 Ibs11000 gal.
680.1 lbs. PAN
I. total volume to be land applied fine e + line 87715 gallons
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)

FORM FRB -1
Farm Owner
Operator
Waste Structure Freeboard and Daily Precipitation Record
Facility Number Q -
w.
board
MM
1- lagoon freeboard Is the difference between the lowest point of a lagoon embankment and the level of liquid.
For lagoons with spillways, the difference between the level of IIgUId and the bottom of the spillway should be recorded.
2. Freeboard plus avallag1e storage capacity Must be recorded at least weekly -
3. Rainfall must be recorded for every rain event. 3114103

NCDAACS Agronomic Division Phone: [phone] Website: www.ncagr.gov/agronomc FY14-WO05259
Predictive Client.,John Hester Advisor
8326 Center Rd.
Waste Report Bladenboro, NC 28320
- ! Bladen County
4
Sampled: 02124/2014 Received: 02126/2014 Computed: 03/04/2014 Farm: 09-45 Links to Helpful lnfimation
Sample Information
Nutrient and Other Measurements
Nitroaen (N) (ppm) P (ppm) K (ppm) Ca (ppm) M,q (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm)
Sample ID: 000001
Total N 35.9 905 110 31.5 37.2 4.09 0.33 0.83 0.22 0.94 220
Waste Code: ALS'
Description:
Total Kjeldahl N 439 - - - - -- - - - - - - - - - - - - - - - - -- - - - -
Swine Lagoon Liq.
pH DM (%) SS (10-55/cm) EC (mS/cm) CCE (%J ALE(1000 gal.) C:N
Inorganic N
NH4-N 7,78
Comments:
NO3-N
Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) Mo (ppm)
Urea
Estimate of Nutrients Available for First Crop (lb l 1000 gal.) Other Elements (lb / 1000 gal.)
Application Method
N P205 K20 Ca Mq S Fe Mn Zn Cu B Mo C/ Na Ni Cd Pb Al Se Li
Irrigation
1.83 0.69 9.06 0.92 0.26 0.31 0.03 T 0.01 T 0.01 1.83
Understanding the Waste Report • -additional information: www.nCagr.QQWg _r�nQMY2iffilasluwas P.pdf & w_yw.nrm_ctr.gov/agronamlladffilestvwst guide,pdf
Nutrient concentrations and other data an this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and
preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other
wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based an the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available.
ppm = parts per million; S = siemens; mS = millisiemens; T = trace (<0-005 lb/unit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime
equivalence; pH = acidity or basicity; DM% _ % dry matter [for semi-solid and solid waste samples, this value facilitates conversion of dry-basis concentrations (ppm) back to wet-basis of
original sample); C:N ratio = carbonmitrogen ratio.
North Carolina
r-'
Tc*xxe•u Tru+! Fuad CumfWs%km
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
Steve Troxler. Commissioner of

NCDA&CS Agronomic Division Phone: [phone] Website: www.ncagr.gov/agronomil FY15-W006707
Predictive Client: John Hester Advisor.
8326 Center Rd.
f Waste Report Bladenboro, NC28320
•�c Bladen County
Sampled: 0430/2015 Received: 05/04/2015 Complexed: 05107/2015 Farm: 09-45 Links to Helptul_Information
Sample Information
Nutrient and Other Measurements
Nftragen (N) (ppm) P (ppm) K (ppm) Ca (ppm) MQ (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm)
Sample 1D: 000001
Total N 31.7 972 76.9 27.9 36.7 1.82 0.24 0.67 0.53 1.08 270
Waste Code: ALS
Description:
Total Kieldahl N 415 -- ----------------------
Swine Lagoon Liq.
pH DM I`%) SS (10-55/cm) EC (mS/cm) CCE (%) ALE0000 gal.) C:N
Inomanic N
NH4-N 7.91
Comments:
NO3-N :. ............... ....................................... - -------- ------ ........................--..
Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) AS (ppm) Cr (ppm) Co (ppm) Cl (ppm) Mo (ppm)
Urea
Estimate of Nutrients Available for First Crop (Ib / 1000 gal.) Other Elements (lb 11000 gal.)
Application Method
N P2O5 K2O Ca Mg S Fe Mn Zn Cu B Mo Cl Na Ni Cd Pb Al Se Li
Broadcast
1.73 0.61 9.73 0.64 0.23 0.31 0.02 T 0.01 T 0.01 2.25
Understanding the Waste Report'-additional information_ www.namr.gov/aaronomibdffilesluwaste.pdf & www.ncagr_gnvla4ranamjjpdt lesivras uide�di
Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and
preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other
wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available.
' ppm = parts per million; S = siemens; mS = millisiemens; T = trace (<0.005 Iblunit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime
equivalence; pH = acidity or basicity; DM% = % dry matter (tor semi-solid and solid waste samples, this value facilitates conversion of dry-basis concentrations (ppm) back to wet-basis of
original sample]; C:N ratio = carbon:nitrogen ratio.
North Carolina
'� ll
Ti+xtu Luu fund Ctxnml»klm
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
- Steve Traxler. Commissioner of

NCDA&CS Agronomic Division Phone: [phone] Website: www.ncagr.govlagronomil FY16-W005444
Predictive Client John Hester Advisor.
`8326 Center Rd.
Bladenboro, NC 28320
Waste Report
- 1 Bladen County
Sampled: 02/22/2016 Received: 02/2312016 completed: 02/26/2016 Fame: 09-45 Links to Hejpfml Iniorrnatiion
Sample Information
Nutrient and Other Measurements
Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mq (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm)
Sample ID: 1
Total N 24.6 714 54.3 23.5 26.7 1.67 0.24 0.94 0.66 0.74 208
Waste Code: ALS
Description:
Total Kieldahl N 361 - - - .. - - - ............. . ........ .. . - .
Swine Lagoon Liq.
pH DM (%) SS (10-55/cm) EC (mS/cm) CCE (%) ALE0000 gal.) C.N
Inorganic N
NH4-N 7.71
Comments:
NO3-N
Orqanic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) Mo (ppm)
Urea
Estimate of Nutrients Available for First Crop (lb 11000 gal.) Other Elements (lb / 1000 gal.)
Application Method
N P2O5 K2O Ca Mq S Fe Mn Zn Cu B Mo Cl Na Ni Cd Pb Al Se Li
Irrigation
1.50 0.47 7.15 0.45 0.20 0.22 0.01 T 0.01 0.01 0.01 1.73
Understanding the Waste Report additional information: www.ncagrQoylaqron4milpdffilesl�w ste..pdf & www.ncaQr.ctQv�rongmi/pd�l �guide.pdf
Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and
preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other
wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based an the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available.
" ppm = parts per million; S = siemens; m5 = milllsiemens; T = trace (<0-005 lb/unit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime
equivalence; pH = acidity or basicity; DM% _ % dry matter [for semi-solid and solid waste samples, this value facilitates conversion of dry-basis concentrations (ppm) back to wet-basis of
original sample]; C:N ratio = carbon:nitrogen ratio.
North Carolina
Tuta'utu Trull Fund GXMI- km
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
- Steve Troxler, Commissioner of

NCDA&CS Agronomic Division Phone: [phone] Website: www.ncaur.govlagronomil FY16-WO07584
Predictive Client: John Nester Advisor.
8326 Center Rd.
Waste Report Bladenboro, NC 28320
Bladen County
Sampled: 05/1612016 Reoelved: 05/17/2016 Completed: 05/20/2016 Farm: 09-45 Links toHelpful Informer i1 on
Sample Information
Nutrient and Other Measurements
Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) M.q (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm)
Sample ID: 1
Total N 41.1 861 71.9 39.7 35.8 1.85 0.34 0.63 0.67 0.91 257
Waste Code. ALS
Description:
Total Kjeldahl N 378----------- .. .......... ---------- . . ......---- ----.....---
Swine Lagoon Liq.
pH DM (96) SS (10-55/cm) EC (mS/cm) CCE (%J ALE(1000 gal.) C:N
Inorganic N
NH4-N 7.71
Comments:
NO3-N
Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) So (ppm) Ll (ppm) As (ppm) Cr (ppm) Co (ppm) Ci (ppm) Mo (ppm)
Urea
Estimate of Nutrients Available for First Crop (lb t 1000 gal.) Other Elements (lb 11000 gal.)
Application Method
N P205 K20 Ca Mp S Fe Mn Zn Cu B Mo Cl Na Ni Cd Pb At Se Li
Irrigation
1.58 0.79 8.62 0.60 0.33 0.30 0.02 T 0.01 0.01 0.01 2.15
Understanding the Waste Report " -additional information: www.rfcartG &t rronomilpdFfiles/uvvaste.p�f 8 www c gr clovlagronomi/
Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and
preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other
wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available.
' ppm = parts per million; S = siemens; mS = millislemens; T = trace (<0.005 lb/unit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime
equivalence; pH = acidity or basicity; DM% = % dry matter (for semi-solid and solid waste samples, this value facilitates conversion of dry-basis concentrations (ppm) back to wet-basis of
original sample); C:N ratio = carbon:nitrogen ratio.
North Carolina
11*�m:o 1fu%t Fund Cumml+tikm
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
- Steve Troxier, Commissioner of

NCDA&CS Aqronomic Division Phone: [phone] Website: www.ncagr.govlagronomil FY17 W000864
y `N.II II'r, i14
Predictive Client: John Hester Advisor.
8326 Center Rd.
W
Waste Report Bladenboro, NC 28320
t Bladen County
Sampled: 08/02/2016 Rmehred: 08110I2016 campietrd: 08/11/2016 Farm: 09-45 Link jHelpihsll_nformaton
Sample Information
Nutrient and Other Measurements
Nitraaen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Rq (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm)
Sample ID: 1
Total N 38.4 793 44.0 39.9 28.3 1.47 0.22 0.45 0.37 0.86 244
Waste Code: ALS
Description:
Total Kieldahl N 320 :.... .......... ... . .......... ...............
Swine Lagoon Liq,
pH t7M (%) SS (10-55/cm) EC (mS/cm) CCE (%) ALE(1000 gal.) C:N
Inorganic N
NH4-N 7.79
Comments:
NO3-N
Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) So (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) MO (ppm)
Urea
Estimate of Nutrients Available for First Crop (lb 11000 gal.) Other Elements (lb 11000 gal.)
Application Method
N P205 K20 Ca Mq S Fe Mn Zn CL 8 Mo Cl Ne Ni Cd Pb At Se Li
Irrigation
1.33 0.73 7.94 0.37 0.33 0.24 0.01 T T T 0.01 2.03
Understandinq the Waste Report* -additional information: www.nc4gLgoviaarongm_ i/odfhl�_slwraste.Ddf & www.ncagr.Stpy/agronomi/od�ffIesMa eggide_pctf
Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and
preventing environmental contamination. In reading the laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other
wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available.
ppm = parts per million; S = siemens; mS = millisiemens; T = trace (<0.005 lb/unit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime
equivalence; pH = acidity or basicity; DM% _ % dry matter [for semi-solid and solid waste samples, this value facilitates conversion of dry-basis concentrations (ppm) back to wet-basis of
original sample); C:N ratio = carbon:ndrogen ratio.
North Carolina
Tntlar�o ilu+i Fund Canunl�skxl
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
- Steve Troxler, Commissioner of

Combined Irr t and 2 Lagoon Liquid Irrigation Fields Record
One Fort for Each Field per Crop Cycle
Trad # 415 Field # 12 Fac*ty Number 45
Field Size (welted acres) = (A) 6.5
Fane Owner Fox Farm LLC Irrigation Operetar John Hester
Owners Address 8326 Center Road irrigation Operators Same
Bladenboro, NC 28320 Address
Owner's Phone # [phone] Operators Phone #
From Waste Utilization Plan
Crop Type Fescue Recommended PAN
Loading (lb/acre) _ (B) 94
rii ns rzs ray rsi rst 171 ray 191 rim rift
Lagoon
ID
Gate
(mmlddlyr)
Irrigation
Waste Analysis
PAN'
(lb/1000 gal)
PAN Applied
(Iblacre)
(8) x (9)
1000
Nitrogen
Balance
(!Woos)
JB) -(10)
Weather
Code
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinlders
Operating
Flow
Rate
(gallmin)
Total volume
(gallons)
(0) x (5) x (4)
Volume
per Acre
(gaV-)
(7)1(A)
B= 94
1
1
215
0
0
1.2
0.00
94.00
PC
D1,JCH
1
1
215
0
0
1.2
0.00
94.00
PC
D1,JCH
1
1
215
0
0
1.2
0.00
94.00
PC
D1 JCH
1
1
215
0
0
1.2
0.00
1 94.00
C
D1,1CH
1
1
1
215
0
0
1.2
0.00
94.00
1
1
1 215
0
0
1.2
0.00
94.00
1
1
215
0
0
1.2
0.00
94.00
1
1
215
0
0
1.2
0.00
94.00
1
1
215
0
0
1.2
0.00
94.00
1
1
215
0 1
4
1 1.2
0.00
94.00
1
1
215
0 1
0
1 1.2 1
0.00
94.00
Crop Cycle Totals 1 0 1 Total PAN 1 0.00
Owner's Signature Operator's Signatu
Certified Operator (Print)_ 995228
Operator Certification #
• Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-5now/Sleet, W -Windy
10 Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid irrigation Fields Record
One Farm for Each Field per Crop Cycle
Tract # 415 Field # r 9 Facility Number 1 45
Freid Size (wetted acres) _ (A) 8.2
Farm Owner Fox Bay Farm LLC Inigation Operator John Hester
Owners Address 8326 Center Road Irrigation Operators Same
Bladenboro, NC 28320 Address
Owners Phone # [phone] Operators Phone #
From Waste UtEJUAon Plan
Crop Type I Rye Recommended PAN
Loading (lblacre) _ (B) 100
111 f21 131 (41 (51 (6) 171 f8) f9) 110) (I I)
Lagoon
ID
Date
(mmlddlyr)
Irrigation
WasteAnaysis
PAN'
(Ib/1000 gal)
PAN Applied
(Ibracre)
(6) x (9)
1000
Nitrogen
Balance
(lblacre)
(B) - (l 0)
Weather
Code'
Inspections
(Inkiats)
Start
Time
End
Time
Total
Minutes
(3)-(2)
#of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7)1JA)
B= 100
1
12/04/15
12:30pm
5:30pm
300
1
215
64,500
7,866
1.5
11.80
88.20
C
DJ JCH
1
01/07/16
12:4OPm
5:55PM
315
1
215
67,725
8,259
1.5
12.39
75.81
C
DJ,ICH
1
02/20/16
2:45PM
7:45PM
300
1
215
64,500
7,866
1.5
11-80
64.01
PC
DJ JCH
1
1
215
0
0
0.00
64.01
DJ,JCH
1
1
215
0
0
0.00
64.01
DJ,JCH
1
1
215
0
0
0.00
64.01
1
1
215
0
0
0.00
64.01
1
1
1
215
0
0
0.00
64.01
1
1
1
215
0
0
0.00
64.01
1
1
215
0
0
0.00
64.01
1
1
1
1
215
0 1
0 1
1
0.00 1
64.01
Crop Cycle Totals 1 196,725 j Total PAN 1 35.99
Owner's Signature Operator's Signature
Certified Operator (Print)_ 995228
Operator Certification #,
Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-5now/Sleet, W -Windy
•• Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and Z Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # 415 Field # e Facility Number
Field Sae (wetted acres) _ (A) 4.6
Farm Owner Fox Elay Farm LLC Irrigation Operator John Resist
Ownees Address 8326 Center Road Inigation Operatods Same
Bladenboro, NC 28320 Address
Owner's Phone # [phone] Operators Phone #
From Waste Utilization Plan
Crop Type Rye Recommended PAN109
Loading (lb/acre) _ 18)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Lagoon
ID
Date
(mmlddlyr)
I'
Waste Analysis
PAN'
(lb11000 gal)
PAN Applied
(Iblacre)
(a) x (9)
1000
Nitrogen
Balance
(lb/acre)
(B) - (10)
Weather
Code'
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flaw
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7) l (A)
B= 100
1
11/06/15
12:20pm
3:50pm
210
1
215
45,150
9,815
1.73
16.98
83.02
PC
D1 JCH
1
12/02/15
11am
2:30pm
210
1
215
45,150
9,815
1.5
14.72
68.30
PC
DJ,JCH
1
02/10/16
4:30pm
7:30pm
180
1
215
38,700
8,413
1.5
12.62
55.68
PC
D1,JCH
1
02/11/16
loam
I 12:30pm
150
1
215
32,250
7,011
1.5
10.52
45.16
C
DJ 1CH
1
02/11/16
4:30pm
8.:30pm
240
1
215
1 51,600
11,217
1.5
16.83
28.33
C
DJ JCH
1
02/26/16
8:30am
12:10pm
220
1
215
47,300
10,283
1.5
15.42
12.91
C
DJ JCH
1 1
02/27/16
fpm
3pm
120
1
215
25,800
5,609
1.5
8.41
4.50
C
DJ JCH
1
1
215
0
0
1.5
0.00
4.50
1
1
215
1 0
0
1.5
0.00
4.50
1
1
215
0
0
1.5
0.00
4.50
1
1
215
0
r 01
1.5 1
0.00
4.50
Crop Cycle Totals 1 285,950
Owner's Signature Operator's
Certified Operator (Print)_ 995228 Operator Certification
• Weather Codes: C -Clear, PC -Partly Cloudy, C1 -Cloudy, R -Rain, S-Snow/Sleet, W -windy
• • Persons Completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.
45.50

Combined Irr 9 and 2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # 415 1 Field # 6 Facility Number 45
Field Size (wetted acres) = (A) 7.5
Farm Owner Fox Bay Farm LLC irrigation Operator John Hester
Owner's Address 8326 Center Road Irrigation Operator's Same
Bladenboro. NC 28320 Address
Owners Phone # 1910-6"4339 Operator's Phone #
From Waste Utilization Plan
Crop Type I Rye Recommended PAN
Loading (Iblacre) = (B) 100
171 191 131 141 151 (6) 171 181 191 11n1 rill
Lagoon
ID
Date
(mmlddfyr)
Irri tion
Waste Analysis
PAN'
(lb/1000 gal)
PAN Applied
(lb/acre)
(9) x (9)
1000
Nitrogen
Balance
(lblacre)
(B) - 00)
Weather
Code
Inspections
(initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7) l (A)
B= 100
1
10/19/15
1:30pm
6:30pm
300
1 1
215
1 64,500
8,600
1.73
14.88
85.12
C
DJ,JCH
1
10/20/15
12pm
1:15pm
75
1
215
16,125
2,150
1.73
3.72
81.40
C
DJACH
1
10/21/15
12pm
6:30pm
390
1
215
83,850
11,180
1.73
19.34
62.06
C
DJ,JCH
1
12/13/15
fpm
7:30pm
390
1
215
83,850
11,180
1.5
16.77
45.29
C
DJ,JCH
1
01/14/16
11:35 AM
4pm
265
1
215
56,975
7,597
1.5
11.40
33.90
C
DJ,JCH
1
01/14/16
5pm
8:15pm
195
1
215
41,925
5,590
1.5
8.39
25.51
C
D1,1CH
1
02/29/16
4:10pm
6:50pm
160
1
215
34,400
4,587
1.5
6.88
18.63
PC
DJ,1CH
1
1
215
0
0
0.00
18.63
DJ,JCH
1
1
215
0
0
0.00
18.63
DJ,JCH
1
1
215
0
0
0.00
18.63
DJ,JCH
1
1
215
0
0
0.00
18.63
DJ,JCH
Crop Cycle Totals 1 381,625 1 Total PAN 1 81.37
Owner's Signature Operator's Signature,
Certified Operator (Print)_ 995228 Operator Certification #
• Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
•• Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Retard
One Form for Each Field per Crop Cycle
Tract # 415 Field # 4 Facility Number 45
Field Size (wetted acres) _ (A) 9
Farm Owner Fox Bay Farm LLC Irrigation Operator Jahn Hester
Owner's Address 8326 Center Road Inigab Operatofs Same
Bladenboro, NC 28320 Address
Owner's Phone # [phone] Operatoes Phone #
From Waste Utiltxafion Plan
Crop Type Rye Recommended PAN
Loading (Iblecre) _ (S) 75
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Lagoon
ID
Date
(mmlddlyr)
Irrigation
Waste Analysis
PAN'
(117/1000 gaQ
PAN Applied
(lb/acre)
(8) x (9)
1000
Nitrogen
Balance
(Iblacre)
(B) - (10)
Weather
Code
inspections
(in&ats) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaVmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gall—)
(7)1(A)
B= 75
1
11/17/15
11:40am
5:40pm
360
1
215
77,400
8,600
1.73
14.88
60.12
PC
DJJCH
1
12/01/15
fpm
630pm
330
1
215
70,950
7,883
1.5
11.83
48.30
CL
DJJCH
1
12/21/15
11:15 AM
6:30pm
435
1
215
93,525
10,392
1.5
15.59
32.71
CL
DJJCH
1
02/02/16
11:30pm
9pm
570
1
215
122,550
13,617
1.5
20.43
12.28
C
DJJCH
1
02/03/16
gam
10:15am
75
1
215
1 16,125
1,792
1.5
2.69
9.60
Cl
1
1
215
0
0
0
0.00
9.60
1
1
215
0
0
0
0.00
9.60
1
1
215
0
0
0
0.00
9.60
1
1
215
0
0
0
0.00
9.60
1
1
215
0
0
0
0.00
9.60
1
i
215
0
4
0
0.00
9.60
Crop Cycle Totals 1 380,550 I Total PAN 1 65.40
Owner's Signature Operator's Signature
Certified Operator (Print)_ 995228 Operator Certification
• Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
• • Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Record
One Farm for Each Field per Crop Cycle
Tract #415 Field 0 3 Facility Number 45
Field Size (wetted acres) = (A) 5,2
Farm Owner Fox M Farm LLC Errigation Qperator John Hester
Owners Address 8326 Center Road Irrigaiian Operetor, Same
Bladenboro, NC 28320 Address
Owner's Phone # [phone] Operator's Phone #
From Waste UtiliztrtJon Plan
Crop Type Rye Recommended PAN
Loading (Itdacre) = (B) 100
111 !91 I41 1d1 M 1F1 171 IAS 101 1,101 1111
Lagoon
ID
Date
(mmldd/yr)
Irrigation
Waste Analysis
PAN'
(lb/1000 gaq
PAN Applied
(Ib/acre)
(8)x(9)
1000
Nitrogen
Balance
(lb/acre)
(B) - (10)
Weather
Code
Inspections
(Initials)'"
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacm)
(7)1(A)
B= 100
1
1
215
0
❑
1.2
0.00
100.00
C
DJ JCH
1
1
215
0
0
1.7
0.00
100.00
PC
DJ,JCH
1
1
215
0
1.2
0.00
100.00
1
1
215
0
1.1
0.00
100.00
1
1
215
0
1.2
0.00
100.00
1
1
215
0
1.2
0.00
100.00
1
1
215
0
1.2
0.00
100.00
1
1
215
0
1.2
0.00
100.00
1
1
215
0
1.2
0.00
100.00
1
1 1
215
0
1.2
0.00 1
100.00
1
1
215
0
l.z
0.00 1
100.00
Crop Cycle Totals L- 0 1
Owner's Signature
Certified Operator (Print)` 995228
Total PAN 1 0.00
Operator's Signature
Operator Certification #
` Weather Codes: C -Clear, PC -Partly Cloudy, Cl -Cloudy, R -Rain, S-Snow/Sleet, W -windy
** Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cyclo
Tnst # 415 Field 0 Felly Number 45
Feld eW (yweed ease) • 04
Farm Ow Far Bay Farm LLC krhW, n Opaala John Healer
Owrrre Adds $326 CeNm Road tdp bx Operela'e Same
BtatlenbaO NC 26320 Addrem
Owner* Phone # [phone] OpaemrL Phone 0
Fran Wast Ueltutlen Man
Crop Type I Bwmwa¢ar Recommended PAN
ft
Loa INeae) .1B)
(1) RI (3) (4) (5) (8). (Tl 151 (9) 110) 011
Lapmn
LD
Dab
ImMddyrl
IfflasUan
Wasse Arsdytb
PAN*
M11000 pan
PAN AppW Nitrogen
Inhael Bdmwe
flilxlgl lblar+e!
, DW IBI - (10)
a. 100
Wewrer WaPeetme
Coda• ftp)••
Stmt End TOW
71me Tine FAtube
(3)-(2)
Volume
f of Flow TOW Volume per Ane
Sprfnlden RW (ps5om) fpepeael
OPaatttp (sWeln) (0) r (5) t (,) (2)1(A)
I
1 215 0 061/01
1.2
#DIV 1 #DIV/01
PC Dl,1CH
1
1 215 0 #DIV 01
1,2
#DIV DI #DIV 01 I
PC D1.JCH
1
1 215 0
1.2
0.110 my/01
1
1 215 0
1.2
0.00 #DIV/01
1
1 215 a
1.2
0.00 #DIV/01
1
1 215 D
1.2
D.00 #DIVIDI
1 215 0
1.2
0.00 #DIV/01
1
1 215 0
1.2
0.00 #DIV/01
1
1 215 0
1.2
0,00 #DIV101
1
1 215 0
1.2
Mon i DIV/ol
1
1 215 0
1.2
0.00 "DIV/01
Crap Cycle Totals 1 0 Total PAN #DIV 01
Owners Signature Operators
Certified Operator{Print)_ 995228 Operator Certification
Weather Codes; C -Clear, PC -Partly Cloudy. CI -Cloudy, R -Rain, S-Srww/Sleet, W -Windy
• Persons completing the Irrigation Inspections must Initial to signify that Inspections were completed at least every 120 minutes.

Combined Irr t and 2 Lagoon liquid Irrigation Fields Record
One Form for Each Feld per Crop Cycle
Trac # 415 Field # 11 Facility Number 45
FIM Sae (wetted acres) _ (A) 2.8
Farm Owner Fox Bay Farm LLC lrrigatbn Operator John Hester
Owners Address 8326 Center Road Irrigation Operators Same
Bladenboro. NC 28320 Address
Owners Phone # [phone] Operators Phone #
From Waste Utilization Plan
Crop Type Bermudagrass Recommended PAN144
Loading (Iblacre) = (B)
(t) 121 131 fdl f51 161 l71 181 f9l flo) fill
Lagoon
ID
Date
(mm/ddlyr)
Irrigation
Waste Analysis
PAN'
(16!1000 gal)
PAN Applied
(lblacre)
(8) x (9)
1000
Nitrogen
Balance
(lb/acre)
(B) - (10)
Weather
Code
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7) / (A)
B= 194
1
03/15/12
1:50 PM
4:50 PM
180
1
215
38,700
13,821
1.7
23.50
170.50
C
D1,1CH
1
1
215
0
0
1.7
0.00
170.50
DJ,JCH
1
1
215
0
1.7
0.00
170.50
1
1
215
0
1.7
0.00
170.50
1
1
215
0
1.7
0.00
170.50
1
1
1 215
0
0
0.00
170.50
1
1
215
0
0
0.00
170.50
1
1
1
215
0
0
0.00
170.50
1
1
215
0
0
0.00
170.50
1
1
215
0
0 1
0.00 1
170.50
1
1
215
0 1
0
1 0.00 1
170.50
1
Crop Cycle Totals 1 38,700
Owner's Signatu
Certified Operator (Print)_ 495225
3115/2012 1 23.50
Operator's
Operator Certification
• Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
•' Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr t and 2 Lagoon Liquid Irrigation Fields Recons
One Farm for Each Field per Crop Cycle
Tract# 415 Field #6 Facility Number
Freta Size (wetted acres) = (A) 7.5
Farm Owner Fox B Farm LLC Irrigation Operator John Hester
Owners Address 8326 Center Road Irrigation Operators Same
Bladenboro, NC 28320 Address
Owners Phone # [phone] Operators Phone #
From Waste UtllWrdon Pian
Crop Type eermudagrass Recommended PAN
Loading (lblacre) =1B) 225
ill 1121 131 161 1S5 [Al 171 1A1 1Q1 11n1 /ill
Lagoon
Io
Date
(mnllddlyr)
irrigatIon
Waste Analysis
PAN'8[
(lb/1000 gal)
PAN Applied
(Iblacre)
) x (9)
1000
Nitrogen
Balance
(Ib/acre)
(B) - (10)
Weather
Code
Inspections
(Initials) »
Start
Time
End
Time
Tote)
Minutes
(3)-(2)
# or
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gamacre)
(7)1(A)
B= 225
1
03/10/15
4PM
7:30PM
210
1
215
45,150
6,020
1.73
10.41
214.59
C
DJ JCH
1
04/02/15
11:30am
6:45PM
435
1
215
93,525
12,470
1.73
21.57
193.01
C
DJ JCH
1
04/07/15
12:45pm
7:45pm
420
1
215
90,300
12,040
1.73
20.83
172.18
C
DJ,JCH
1
04/29/15
10:15am
3:45pm
330
1
215
70,950
9,460
1.73
16.37
155.82
C
O1,JCH
1
04/30/15
10:30am
11am
1 30
1
215
6,450
860
1.73
1.49
154.33
CL
DJJCH
1
04/30/15
Spm
Bpm
300
1
215
64,500
8,600
1.73
14.88
139.45
C
0J,JCH
1
05/01/15
10:20am
11:50am
90
1
215
19,350
2,580
1.73
4.46
134.99
PC
D1,1CH
1
05/25/15
fpm I
6pm
360
1
215 1
77,400
10,320
1.73
17.85
117.13
PC
DJ,JCH
1
05/26/15
Sam
1:50pm
350
1
215
75,250
10,033
1.73
17.36
99.78
C
DJ,JCH
1
05/28/15
12pm
7:45 AM
465
1
215
99,975
13,330
1.73 1
23.06 1
76.72
PC
DJ JCH
1
05/29/15
8:30am
10am
90 1
1
215
19,350 1
2,580 1
1.73 1
4.46 1
72.25
PC
D],JCH
Owner's Signatu
Crop Cycle Totals 1 662,200] Total PAN 1 152.75
Operator's
Certified Operator (Print)_ 995228 Operator Certification
* Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
** Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Recons
One Foran for Each Field per Crop Cycle
Ttacl # 415 Field It 11 Facility Number I�J 45
Field Size (wetted acres) = (A) 2.8
Farm Owner Fox Bay Farm LLC Irrigation Operator John Hester
Owner's Address 8326 Center Road Irrigation Operators Same
Bladenboro, NC 28320 Address
Owner's Phone # 910X648-4339 Operator's Phone #
From Waste Utilization Plan
Crop Type Bermudagrass Recommended PAN 194
Loading (Ib/acre) = (B)
M 191 MI !d1 !Sl IRI 171 IAI rQ1 11n1 M]1
Lagoon
ID
Date
(mm/dd/yr)
Irrigation
Waste Analysis
PAN'
(lb/1000 gal)
PAN Apptied
(IN—)
8 x
1000
Nitrogen
Balance
(lb/acre)
(B) - (10)
weather
Code •
Inspections
(Initials) "
Stan
Time
End
Time
Total
Minutes
(3)-(2)
# or
Sprinklers
Operating
Flow
Rate
(gaymin)
Total Votume
(galons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7)1(A)
B= 194
1
05/20/15
12pm
5pt11
300
1
215
64,500
23,035
1.73
39.85
154.15
C
DJlCH
1
1
215
0
0
0
0.00
154.15
D1,1CH
1
1
215
0
0
0
0.00
154.15
DJ,1CH
1
1
215
0
0
1 0
0.00
154.15
1
1
215
0
0
0
0.00
154.15
1
1
215
0
0
0
0.00
154.15
1
1
215
0
0
0
0.00
154.15
1
1
215
0
1
0
0.00
154.15
1
1
215
0
0
0.00
154.15
1
1
215
0
0
0.00
154.15
1
1
215
0 1
0
1 0.00
154.15
Crop Cycle Totals 1 64,500 } 3/15/2012 1 39.85
Owner's Signature Operator's Signature
Certified Operator (Print)_ 995228 Operator Certification
' Weather Codes: C -Clear, PC -Partly Cloudy, Cl -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
•' Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Record
One Form For Each Field per Crop Cycle
Tract # 415 Field # 9 Facility Number 45
Field Size (wetted acres) = (A) 8.2
Farm Owner Fox Bey Farm LLC Irrigation Operator John Hester
Owners Address 8326 Gerlier Road Irrigation Operator's Same
Bladenboro, NC 28320 Address
Owners Phone # [phone] Operators Phone #
From Waste ultitizaWn Plan
Crop TypeBermudagrass Recommended PAN
Loading pblacre) = (8) 300
M1 171 111 1d1 (51 (&1 (71 (al (91 (101 till
Lagoon
ID
Date
(mmldd/yo
I . ation
Waste Analysis
PAN'
(Ib11000 gal)
PAN Applied
(lb/-)
(a) x (91
1000
Nitrogen
Balance
(ibtacre)
(811-00)
Weather
Code '
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3) - (2)
# or
Sprinlders
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7)1(A)
B= 167.79
1
08/29/15
10:10am
11:40am
90
1
215
19,350
2,360
1.73
4.08
163.71
C
DJ ICH
1
10/14/15/
12PM
7PM
420
1
215
90,300
11,012
1.73
19.05
144.66
C
D1 JCH
1
1
215
0
0
1.73
0.00
144.66
DJ JCH
1
1
215
0
0
1.73
0.00
144.66
DJ,JCH
1
1
215
0
0
1.73
0.00
144.66
DJ,1CH
1
1
215
0
0
1.73
0.00
144.66
DJ,JCH
1
1
215
0
0
1.73
0.00
144.66
DJ,JCH
1
1
215
0
0
1.73
0.00
144.66
D1,JCH
1
1
215
0
0
1.73
0.00
144.66
D1,1CH
1
1
215
0
0
1.73
0.00
144.66 1
DJ,JCH
1
1
215
0
0
1.73
0.00
144.66 1
DJ 1CH
Crop Cycle Totals 1 109,650 1 Total PAN 1 23.13
Owner's Signature Operator's Signature
Certified Operator (Print), 995228 Operator Certification #.
' Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, 5-Snow/Sleet, W -Windy
•' Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # 415 Fekl # 9 FeaIrty Number a5
Field Size (wetted acres) _ (A) 8.2
Farm Owner Fox Bay Farm LLC Inigation Operator John Hester
Owner's Address 8326 Cerner Road Irrigation Operator's Same
Bladenboro, NC 28320 Address
Ownees Phone # [phone] Operator's Phone #
From Waste Utilization Plan
Crop Type Bermudagrass Recommended PAN
Loading (Iblacre) = (B) 300
fil f2l !31 lel f51 f6l m ffi1 f91 (in) r1 11
Lagoon
ID
Date
(mmldd/yr)
Irrigation
Waste Analysis
PAN'8{
(!6/1000 gat)
PAN Applied
Macre)
) x (9)
1000
Nitrogen
Balance
(Iblacre)
M-00)
Weather
Code '
insperbons
(initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gatlons)
(6) x (5) x (4)
Volume
per Acre
(gavacre)
(7)1(A)
8= 300
1
03/10/15
10:15am
1:30pm
195
1
215
41,925
5,113
1.73
8.85
291.15
PC
DJ,JCH
1
04/06/15
12pm
Bpm
480
1
215
103,200
12,585
1.73
21.77
269.38
PC
DJ,JCH
1
04/23/15
12:35pm
3:50pm
200
1
215
43,000
5,244
1.73
9.07
260.31
C
DJ,JCH
1
04/24/15
11am
12:15pm
75
1
215
16,125
1,966
1.73
3.40
256.91
C
DJ,JCH
1
1 02/24/15
230pm
8:20pm
1 350
1
215
1 75,250
9,177
1.73
15.88
241.03
C
DJ,JCH
1
04/27/15
9:45am
10:30am
45
1
215
9,675
11180
1.73
2.04
238.99
PC
DJ,JCH
1
05/14/15
12:30pm
7p,
390
1
215
83,850
10,226
1.73
17.69
221.30
PC
D1,1CH
1
05/15/15
9:30am
10:30am
60
1
215
12,900
1,573
1.73
2.72
218.58
PC
DJ,JCH
1
05/30/15
10:30am
6:30pm
480
1 1
215
103,200
12,585
1.73
21.77
196.81
PC
DJ,JCH
1
08/18/15
11:30am
3:30pm
240
1
215
51,600
6,293
1.73
10.89
185.92
CL
DJ,JCH
1
08/28/15
11am
7:30pm
510
1
215
109,650 1
13,372 1
1.73 1
23.13 1.
162.79
PC
DJ,JCH
Owner's Signatu
Certified Operator (Print)_ 995228
Crop Cycle Totals 1 _ 650,375 j Total PAN 1 137.21
Operator's Signature.
Operator Certification #
' Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
00 Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cyte
Tract # 475 1 Field # 8 Facility Number 45
Field Size (wetted acres) _ (A) 4.6
Farm Owner Fox Say Farm LLC Irrigation Operator John Hester
Owner's Address 8326 Center Road Irrigation Operator's ame
Bladenboro, NC 28320 Address
Owners Phone # [phone] Operator's Phone #
From Waste utilization Plan
Crop Type Bermudagrass Recommended PAN 275
Loading (Ib/acre) _ (B)
Ill r91 VAN rel r5t (Al M r:3i IQ1 11M fill
Lagoon
ID
Date
(mm/dd/yr)
Irrigation
Waste Analysis
PAN•8f
(lb/1000 gal)
PAN Applied
(Iblacre)
) x (9)
1000
Nitrogen
Balance
(lb/acre)
(B) - (10)
Weather
Code `
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
o ume
per Acre
(gal/acre)
(7)1(A)
B= 27
1
03/09/15
11am
4;45pm
285
1
215
61,275
13,321
1.73
23.04
251.96
PC
OUCH
1
03/17/15
Ilam
5 m
360
1
215
77,400
16,826
1.73
29.11
222.85
C
OJJCH
1
05/18/15
12 m
7 m
420
1
215
90,300
19,630
1.73
33.96
188.89
C
D)JCH
1
05/19/15
9am
10:30am
90
1
215
19,350
4,207
1.73
7.28
181.61
C
D1JCH
1
06111/15
11am
12 m
j 60
1
215
12,900
2,804
1.73
4.85
176.76
C
DJ CH
1
(16 112115
7:30am
1:30pm
300
1
215
64,500
14,022
1.73
24.26
152.50
C
DJJCH
1
06/16/15
9am
11am
120
1
215
25,800
5,609
1 1.73
9.70
142.80
PC
DJJCH
1
08/24/15
1 m
5:30pm
330
1
215
70,950
15,424
1.73
26.68
116.11
C
DJJCH
1
09/10/15
11:5Oam
4:50pm I
300
1
215
64,500
14022
1.73
24.26
91.86
C
O1JCH
1
10/09/15
12:30pm
3:50 m
210
1
215
45,150
9,815
1.73
16.98
74.87
PC
OJJCH
1
10/13/15
12pm
4PM
240 1
1
215
51,600
11,217
1.73
19.41
55.47
PC
DJ CH
Crop Cycle Totals 1 583,725 j Total PAN 1 219.53
Owner's Signature Operator's Signature
Certified Operator (Print)_ 995228 Operator Certification
' Weather Codes: C -Clear, PC -Partly Cloudy, 0 -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
" Persons completing the Irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined trr t and 2
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # 415 1 Field # e Facility Number 45
Field Size (wetted acres) = (A) 7.5
Farm Owner Fox Bay Farm LLC Irrigation Operator John Hester
Owner's Address 8326 Center Road Irrigation Operatos s Same
Bladenboro, NC 28320 Address
Owners Phone # [phone] Operators Phone #
From Waste Utilization Plan
Crop Type Bermudagrass Recommended PAN
Loading (Iblarre) = (B] 225
(11 (21 131 (41 (51 181 171 181 (91 110) 111)
Lagoon
ID
Date
(mmlddlyr)
Irrigation
Waste Analysis
PAN'
(lb/1000 gal)
PAN Applied
(lb/acre)
(8) x (9)
1000
Nitrogen
Balance
(Iblacre)
(B) - (10)
Weather
Code '
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gaUmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gal/acre)
(7) l (A)
B= 72.25
1
08/14/15
12:35pm
I 8:35pn1
480
1
215
103,200
13,760
1.73
23.80
1 48.45
C
DJ,JCH
1
08/15/15
10:30am
11:45am
75
1
215
16,125
2,150
1.73
3.72
44.73
C
DJ,JCH
1
08/15/15
3:05pm
9:05pm
360
1
215
77,400
10,320
1.73
17.85
26.87
C
DJ,JCH
1
08/17/15
11:20am
I 3:50pm
270
1
215
58,050
7,740
1.73
13.39
13.48
c
DJ,JCH
1
09/16/15
10:30am
Spm
270
1
215
58,050
7,740
1.73
13.39
0.09
C
DJ,JCH
1
1
215
0
0
1.73
0.00
0.09
DJ,JCH
1
1
215
0
0
1.73
0.00
0.09
DJ,JCH
1
1
215
0
0
1.73
0.00
0.09
DJ,1CH
1
1
215
0
0
1.73
0.00
0.09
DJ,JCH
1
1
215
0
0
1.73
0.00
0.09
D1,JCH
1
1
215
0
0
1.73
0.00
0.09
DJ,1CH
Crop Cycle Totals L 312,825 1 Total PAN 72.16
Owner's Signature Operator's Signature
Certified Operator (Print)_ 995228 Operator Certification
* Weather Codes: C -Clear, PC -Partly Cloudy, Ci -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
** Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined In' 1 and 2 Lagoon Liquid) Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # 415 Field #4 Facility Number � 45
Field Size (wetted acres) = (A) 9
Farm Owner Fax irrigation
Farm LLC Operator John Hester
Owner's Address 8326 Center Road Irrigation Operators Same
Bladenboro. NC 28320 Address
Owners Phone # [phone] Operator's Phone #
From Waste utilixadon Plan
Crop Type Bermudagrass Recommended PAN
Loading (Iblacre) = (B) 169
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Lagoon
ID
Date
(mm/ddlyr)
Irrigaton
Waste Anaysis
PAN'
(lb/1000 gal)
PAN Applied
(Iblacre)
(B} x (9)
1000
Nitrogen
Balance
pblacre)
(B) - (10)
Weather
Code
Inspecizm
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
Wall-)
(7) l (A)
6= 169
1
04/03/15
12pm
5pm
300
1
215
64,500
7,167
1.73
12.40
156.60
C
DJdCH
1
04/06/15
1:45pm
7pm
255
1
215
54,825
6,092
1.73
10.54
146.06
C
DJ,JCH
1
04/27/15
1:20pm
10:20pm
540
1
215
116,100
12,900
1.73
22.32
123.75
PC
DJ JCH
1
04/28/15
11:35am
7:45pm
1 490
1
215
105,350
11,706
1 1.73
20.25
103.50
PC
DJ JCH
1
05/04/15
Ilam
8pm
540
1
215
116,100
12,900
1.73
22.32
81.18
C
DJ JCH
1
05/05/15
11:45am
8:45pm
540
1
215
116,100
12,900
1.73
22.32
58.86
PC
DJ,JCH
1 1
06/23/15
8:30am
1.30pm 1
300
1
215
64,500
7,167
1.73
12.40
46.46
C
DJ,)CH
1
06/26/15
9:20am
3:40pm
380
1
215
81,700
9,078
1.73
15.70
30.76
C
DJ,JCH
1
07/06/15
11:45am
4:30om
285
1
215
61,275
6,808
1.73
11.78
18.98
C
DJ,1CH
1
07/18/15
Liam
4pm
300
1
215
64,500
7,167
1.73
12.40
6.58
C
D1,1CH
1
1
215
0
0
1.73
0.00
6.58
D1,JCH
Crop Cycle Totals 1 844,950 j
Owner's Signature
Certified Operator (Print),_,_ 995228
Total PAN 162.42
Operator's Signature
Operator Certification #
s Weather Codes: C -Clear, PC -Partly Cloudy, C1 -Cloudy, R -Rain, S-Snow/Sleet, W -Windy
•' Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

Combined Irr 1 and 2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # 415 Field # 3 Facility Number 45
Field Size (wetted acres) _ (A) 5.2
Farm Owner Fox Bay Farm LLC Irrigation Operator John Hester
Owners Address 8326 Center Road InigaW Operators Same
Bladenboro, NC 28320 Address
Owners Phone # [phone] Operators Phone #
From Waste Utilization Plan
Crop Type Bermudagrass Recommended PAN
Loading (Iblacre) _ (B) 200
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Lagoon
ID
Date
(mm/ddlyr)
Irrigation
Waste Analysis
PAN'
(W11000 gal)
PAN Applied
(Iblacre)
(8) x (J)
1000
Nitrogen
Balance
(Iblacre)
M-00)
Weather
Code'
Inspections
(Initials) "
Start
Time
End
Time
Total
Minutes
(3)-(2)
# of
Sprinklers
Operating
Flow
Rate
(gallmin)
Total Volume
(gallons)
(6) x (5) x (4)
Volume
per Acre
(gallacre)
(7)1JA)
B= 200
1
05/19/15
12pm
5:15pm
315
1
215
67,725
13,024
1.73
22.53
177.47
DJJCH
1
1
215
0
0
0.00
177.47
DJ,JCH
1
1
215
D
0.00
177.47
1
1
215
0
0.00
177.47
1
1
215
0
0.00
177.47
1
1
215
0
0.00
177.47
1
1
1
1 215
0
0.00
177.47
1
1
215
0
0.00
177.47
1
1
215
0
0.00
177.47
1
1
215
0
0.00
177.47
1
1
215
0
0.00
177.47
Crop Cycle Totals 67,725 Total PAN 22.53
Owner's Signature Operator's Signature
Certified Operator (Print)_ 995228 Operator Certification #
* Weather Codes: C -Clear, PC -Partly Cloudy, CI -Cloudy, R -Rain, S-Snow/51eet, W -Windy
'* Persons completing the irrigation inspections must initial to signify that Inspections were completed at least every 120 minutes.

Type of Visit: om Hance Inspection Operation Review O Structure Evaluation Q Technical Assistance
Reason for Visit: Routine O Complaint O Follow-up O Referral O Emergency O Other O Denied Access
Date of Visit: Ib Arrival Time: �Departure Time: 13� County: Region:
Farm Name: ��j , ant, [l(I �- Owner Email:
Owner Name: )IT Y, Phone:
Mailing Address:
Physical Address: q-
Facility Contact: �� y ,� Title: Phone: � I]
Onsite Representative: Gc-- Integrator: Y
Certified Operator: c�� Certification Number:
Back-up Operator:
Location of Farm:
Latitude:
Certification Number:
Longitude:
�n}r�
1} 4��p (
3 6x '• t inr[ -ti I. 3 _..� t
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Discharges and Stream Imnacts
1. Is any discharge observed from any part of the operation? ❑ Yes No ❑ NA ❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made? ❑ Yes ❑ No ❑ NA ❑ NE
b. Did the discharge reach waters of the State? Of yes, notify DWR) ❑ Yes [] No ❑ NA ❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? {if yes, notify DWR) ❑ Yes ❑ No ❑ NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes No ❑ NA ❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes Wo ❑ NA ❑ NE
of the State other than from a discharge?
Page 1 of 3 21412014 Continued

Facili Number: - S Date of Inspection: 1
' Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? Yes ❑ No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard?❑ Yes ['a No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): 1 1_3_
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes 2[ No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a
❑ Yes 5, No.
❑ NA
❑ NE
waste management or closure plan?
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
® No
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat,
notify DWR
7. Do any of the structures need maintenance or improvement?
fQ Yes ❑ No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes .fR3 No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
❑ NE
acres determination?
9. Does any part of the waste management system other than the waste structures require
Yes r --'l No
❑ NA
❑ NE
maintenance or improvement?
No
❑ NA
❑ NE
Waste Application
❑ Yes
No
❑ NA
10. Are there any required buffers, setbacks,' or compliance alternatives that need
❑ Yes fA No
❑ NA
❑ NE
maintenance or improvement?
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. [:]Yes 5a No ❑ NA
❑ Excessive Ponding ❑ Hydraulic Overload [] Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):rrru.,.r�.u. It�11r«f/
LEM
13. Soil Type(s): vl er Z
44
1W .1
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
® No
❑ NA
C] NE
15. Does the receiving crop and/or land application site need improvement?
® Yes
❑ No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
Yes
� No
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
No
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
No
❑ NA
D NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
No
❑ NA
❑ NE
the appropriate box.
❑WUP ❑Checklists ❑Design ❑ Maps ❑ Lease Agreements
❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below.
0 Yes
❑ No
❑ NA
❑ NE
❑ Waste Application ❑ Weekly Freeboard R Waste Analysis Moil Analysis
❑ Waste Transfers
❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1 " Rainfall Inspections
❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
❑ Yes
0 No
❑ NA
❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
MNo
❑ NA
❑ NE
Page 2 of 3
2/412014 Continued

Facility Number: - S Date of Inspection:
/d
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes ® No
❑ NA [] NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check
❑ Yes No
❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑ Yes ® No
❑ NA NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
❑ Yes No
❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes E3 No
❑ NA ❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes ® No
NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
® Yes ❑ No
❑ NA ❑ NE
_permit? (i.e., discharge, freeboard problems, over -application)
,,31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
5D No
❑ NA
❑ NE
`' �❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were dny additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA
❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
No
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
Yes
❑ No
❑ NA
❑ NE
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Reviewer/Inspector Name:
Reviewer/Inspector Signature:
Page 3 of 3
Phone:
Date: 3
21412014

Facility Number: — Date of Inspection I�Ld6
a, lit'"
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0 Division of Water Resources
❑ Division of Soil and Water Conservation
11 Other Agency
Facility Number:
090045 Facility Statue:
Active Permit: AWS09OD45
0 Denied Access
Inpsection Type:
Compliance Inspection
Inactive Or Closed Date:
Reason for Visit:
Routine
Coun • Bladen Region:
Fayetteville
Date of Visit: 03/0912016 Entry Time: 11:00 am Exit Time: 12:30 pm Incident #
Farm Name: Fox Bay Farm, LLC Owner Email:
Owner: Fox Bay Farm LLC Phone:
Mailing Address: 8328 Center Rd Bladenboro NC 283209298
Physical Address: 8361 Center Rd Bladenboro NC 28320
Facility Status: ❑ Compliant Not Compliant Integrator. Murphy -Brown LLC
Location of Farm: Latitude: 34° 36 24" Longitude: 78° 49' 02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
. Dischrge & Stream Impacts Waste Col, Star, & Treat Waste Application
Records and Documents Other Issues
201600502
910-258-8189
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Sita Representative(s): Name Title Phone
24 hour contact name John Hester Phone;
On-site representative John Hester Phone
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/09116 Inpsection Type: Compliance Inspection Reason for Visit: Routine
4, On 2-20-2016 Joh Mester called and reported his lagoons were at 7 in. and 12in.. This was the first notification recived by Wa
Regional office.
Site visit on 2-21-2016 documented levels at 7 & 12 Waste was being transfer from back to front lagoon, by 2-22-2016 both
lagoons were 11 in.
Structure Evaluations site visits were done during the draw down period.
front back front back
2-24-2016 11 5 2-29-2016 8 12
2-26-2016 9 8 3-2-2016 10 13
2-28-2016 9 10 3-3-2016 12 13
farm was unable to meet the 5 day POA.
7. From 2011 to 2016 you have been asked to mow lagoon banks.
lagoon banks have not been maintained as squired by your permit.
21. farm recived a NOD for spray events not covered by a waste analysis in 2014.
One wase analysis on 5-7-2016 the next sample was 2-26-2016.
No soil samples in the last 3 years.
14. several spray fields have not been maintained so they cant be sprayed on . you have been asked to maintain all fields in your
waste pian sence 2011.Whebn you had a review from Bladen MRCS! Livestock agent and regional Agronimist.
30. Farm faiied to report non compliance of freeboard levels on 2-62016 when he recorded 16 & 12 inches in his records
Farm first reported non compliant levels on Saturday 2-20.2016 of 7 & 12.
All hogs have been removed as of late 2-27-2016.
Smithfield started moveing waste from the lagoons on 2-26-2016 to a farm in White Oak.
They will stop after lagoons are back to 12 inches then it is the farms responsibility to remove the rest.
They have secured 50 acres of wheat to land apply by slury wagoons. A WUP has been written by a thechnical speciiist.
As of this time non has been applied.
Put the amount of waste removed from your farm by smithfield and the permit nmber of the fans reciveing it and lagoon identifier
page: 2

Permit: AWS090045 Owner - Facility : Foz Bay Farre LLC Facility Number: 090045
Inspection Date: 03109/16 Inpsection Type: Compliance Inspection Reason For Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish1E_ 6,160 0
Total Design Capacity: 6,160
Total SSLW: 831,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon
LAGOON 1
19.00
15.00
Lagoon
LAGOON 2
19.00
13.00
page: 3

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/09/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges $ Stream Impacta
Yas__No-Na_Ne
No Na No
❑ ❑ ❑
1. Is any discharge observed from any part of the operation?
❑
M ❑
❑
Discharge originated at:
❑
Excessive Ponding?
❑
Structure
❑
M ❑
❑
Application Field
❑
PAN?.
❑
Other
❑
0 ❑
❑
a. Was conveyance man-made?
❑
0 ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
❑
M ❑
❑
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
M ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
N ❑
❑
State other than from a discharge?
Waste Collection, Storage_g Tregtment;
Yoe
No Na No
❑ ❑ ❑
4. Is storage capacity less than adequate?
M
❑ ❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
❑
M ❑
❑
trees, severe erosion, seepage, etc.)?
❑
PAN?.
❑
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
❑
Outside of acceptable crop window?
❑
7. Do any of the structures need maintenance or improvement?
0
❑ ❑
❑
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
M ❑
❑
to rooted pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Waste Application
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
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%110 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 4

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/09116 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Application
Yes No No Ne
Crop Type 1
Coastal Bermuda Gress w/
Crop Type 5
Rye Overseed
Crop Type 2
Fescue (Hay, Pesture)
Crop Type 3
Small Grain (Wheat, Barley,
Other?
Oats)
Crop Type 4
❑
Checklists?
❑
Crop Type 5
❑
Maps?
❑
Crop Type 6
❑
Other?
❑
Still Type 1
Lynn Haven and Torhunts
Waste Transfers?
soils
Weather code?
❑
Soil Type 2
Foresmn
Soil Type 3
Auuyville
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
E ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
E
❑ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
0 ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
■ ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
0 ❑
❑
Records and Documents
Yea
No ha N2
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
E ❑
{]
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?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
1:11:1 ❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
Soil analysis?
Waste Transfers?
❑
Weather code?
❑
page: 5

Permit: AWS090G45 Owner - Facility : Fox Bay Farm LLC Facility Number. 090045
Inspection Date: 03/09/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes No No No
No No Ne
Rainfall?
❑
❑
E ❑
Stocking?
❑
Crop yields?
❑
❑
■ ❑
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
❑
E
❑ ❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
0 ❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑
❑
(NPDES only)?
Application Field
❑
24. Did the facility fait to calibrate waste application equipment as required by the permit?
❑
E ❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
E ❑
❑
appropriate box(es) below:
If Other, please specify
Failure to complete annual sludge survey
❑
❑
M ❑
Failure to develop a POA for sludge levels
❑
Non-compliant sludge levels in any lagoon
❑
❑
❑
List structure(s) and date of first survey indicating non-compliance:
34. Does the facility require a follow-up visit by same agency?
❑ ❑
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
0 ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
0 ❑
❑
Other Issues
Yes
No No Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
E ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
■ ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
E
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility?
❑
0 ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
M ❑
❑
CAWM P?
33. Did the Reviewer/inspector fail to discuss review/inspection with on-site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
❑ ❑
❑
page: 6

Structure Evaluation Inspection
I
Facility Number: -- Date: <
Time in: �� oo Time out: 3' 3 C)
Farm Name: -Ux ^' Farm 911 address:
Owner Name: Phone
Facility Contact:
Onsite Representative: - Integrator:
Certified Operator: Cert. Number
Is storage capacity less than adequate? Yes 4,"No
If yes is waste level into the structural freeboard? Yes ,�No
Was non-compliant level reported to DWR cf- -* POA received
Structure: 1 2 3 4 5 6
Identifier:
Spillway?
Designed Freeboard (in.): l5�
Observed Freeboard (in.): 1,;2— _ 7
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by the permit? Yes _ No---
Does
omDoes any part of the waste,m, anagement system need repair Yes No r
Condition of field'sJ�--
Condition of receiving crop.
Comments:

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
090045 Facility Status:
Active Permit: AWS090045
Inpsection Type:
Structure Evaluation
Inactive Or Closed Date:
Reason for Visit:
Other
County: Bladen Region:
Date of Visit:
02/2112016 Entry Time: 02:00 pm
Fant Time: 3:30 pm Incident #
Farm Name:
Fox Bay Farm, LLC
Owner Em pill:
Owner:
Fox Bay Farm LLC
Phone:
Mailing Address:
8326 Center Rd
Bladenboro NC 283209298
❑ Denied Access
Fayetteville
201600502
910-258-8189
Physical Address: 8361 Center Rd Bladenboro NC 28320
Facility Status: ❑ Compliant Not Compliant integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34` 35'24" Longitude: 78° 49'02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
0 Dischrge & Stream Impacts Waste Cal, Stor, 8 Treat Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On-site Representative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s)-
Inspection Summary:
I recived a phone call on 2-20-2016 at 4:00pm (saturday)
On 2-21-2016 1 did this site visit and explained to the owner he needed a 5 dayand 30 day POA
they are going to purchas a airway system to apply to the bermuda,
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/21/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 6,160 5,200
Total Design Capacity: 6,160
Total SSLW: 831,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
agoon
LAGOON 1
19.00
12.00
agoon
LAGOON 2
19.00
7.00
page: 2

Permit: AWS090045 Owner - Facility : Fax Bay Farm LLC Facility Number. 090045
Inspection Date: 02/21/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Discharnes 8, Stream Impacts
Yen NO -Na Ne
1. Is any discharge observed from any part of the operation?
❑
0 ❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a, Was conveyance man-made?
❑
0 ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
01111
c, What is the estimated volume that reached waters of the State (gallons)?
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?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection. Sta ,rage & Treatment
Yes No Na Ne
4. Is storage capacity less than adequate?
M
❑ ❑
❑
If yes, is waste level into structural freeboard?
0
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
❑
M ❑
❑
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
❑
M ❑
❑
maintenance or improvement?
Other Issues
Yos
No tip Ng
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
M ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
M
❑ ❑
❑
(i,e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
[❑
M ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon I Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-comptianoe of the Permit or
❑
❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
❑ ❑
❑
page: 3

Structure Evaluation Inspection
Facility Number: -- _ V -S— Date:
r
Time in: 1 Time out:
Farm Name: Farm 911 address:
Owner Name: rol�ti r✓
Facility Contact:
Onsite Representative:
Integrator:
Certified Operator: Cert. Number
Is storage capacity less than adequate? Yes /No
If yes is waste level into the structural freeboard? Yes,,-�No
Structure: 1 2 3 4 S
Identifier: �+ 6J,
Spillway?
Designed Freeboard (in.): l`j rt:
Observed Freeboard (in.): �: 5
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
V
0
Do any structures lack adequate markers as required by th,e permit? Yes _ No �--
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop.„
Comments:
3/k(

,;b/l, 8a-yrv,�-
Structure Evaluation Inspection
Facility Number: --_ Date: - — ,;2
Time in: `/,� (D Time out: .S—,'3 o
Farm Name: '� Farm 911 address:
Owner Name:
Facility Contact:
Onsite Representative: Integrator:
Certified Operator: Cert. Number
Is storage capacity less than adequate? Yes --No
If yes is waste level into the structural freeboard? Yes --- No
v.
Structure: 1 2 3
Identifier: Le21k
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.): ro .. �.7
4 5 6
Are there any immediate threats to the integrity of any of the structures
observed? Yes No —"
Y
Do any structures lack adequate markers as required by the permit? Yes — No
Does any part of the waste management system need repair Yes No
Condition of field's L�
Condition of receiving crop-.,,",
Comments:

Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Site Representative($): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone:
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
Just had a bad storm around lunch time this farm got 314 inch some areas of the county got 1.5
Hogs are being reomved
page: 1
Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
090045
Facility Status: Active
Permit: AWS090045
[] Denied Access
Inpsection Type:
Structure Evaluation
Inactive Or Closed Date:
Reason for Visit:
Other
County:
Bladen Region:
Fayetteville
Data of visit
02/24/2016 Entry Time: 02:10 pm Exit Time: 5:30
pm Incident #
201600502
Farm Name:
Fox Bay Farm, LLC
Owner Email:
Owner.
Fox Bay Farm LLC
Phone:
910-258-8189
Mailing Address:
8326 Center Rd
Bladenboro NC 283209298
Physical Address:
8361 Center Rd
Bladenboro NC 28320
Facility Status:
❑ Compliant
Not Compliant Integrator:
Murphy -Brown LLC
Location of Farm:
Latitude:
34° 35'24" Longitude:
78'49'02"
From Tar Heel, S on NC 131, 3.8 miles. Rt
(SW )on Marsh Rd (SR 1101) across NC 41.
Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1,1 miles
to entrance rd. East approx. 0.5 miles
Question Areas:
E Dischrge & Stream Impacts
Waste Col, Stor, & Treat
Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Site Representative($): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone:
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
Just had a bad storm around lunch time this farm got 314 inch some areas of the county got 1.5
Hogs are being reomved
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/24/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Regulated Operations Design Capacity Current promotions
Swine
SWne - Feeder to Finish 6,160
Total Design Capacity: 6,160
Total SSLW: 831,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
agoon
LAGOON 1
19.00
11.00
agoon
LAGOON 2
19.00
5,00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02124/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Dischames & Stream Impacts
Yes No Na No
No Na No
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
and report mortality rates that exceed normal rates?
Structure
❑
❑
❑
Application Field
❑
Other
❑
M
Cl ❑
a. Was conveyance man-made?
❑
0110
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
If yes, check the appropriate box below.
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
If Other, please specify
Waste Collection. Storage & Treatment
Yes No Na No
❑
4. Is storage capacity less than adequate?
M
❑ ❑
❑
If yes, is waste level into structural freeboard?
33. Did the Reviewerlinspector fail to discuss review/inspection with on-site representative?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le.l large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
❑
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
M ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
0 ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Other Issues
Yea
No Na No
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
M
Cl ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tie drains exist at the facility?
❑
M ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon 1 Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
❑
❑
CAWMP?
33. Did the Reviewerlinspector fail to discuss review/inspection with on-site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
❑ ❑
❑
page: 3

It62 OM��T
Structure Evaluation Inspection
GrpFacility Number: - -- E
Time in: 7 ,' NSS Time out:
Date: ,;2 -
If " -f 3—
Farm Name:Farm 911 address:
Owner Name:
Facility Contact:
Onsite Representative: Integrator:
Certified Operator:
Cert. Number
Is storage capacity less than adequate? Yes f No � _
If yes is waste level into the structural freeboard? Yes / No -p.D ,4 2
Structure: 1 2 3 4 S 6
Identifier:
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.)::.
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by tl?:e permit? Yes No
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop,',,,--,
Comments: "ffi� ,.� ��--d 7���Y�"w��� F
If
z
�'/ltvu�_u_1PS�" ley T�uG/�

Division of Water Resources
Division of Soli and Water Conservation
❑ Other Agency
Facility Number:
090045 Facility Status. Active'
Permit: AWS090045
❑ Denied Access
w4awAti t►Typs.
Structure. Evaluation
I-mr -vt of Vmed cft
Reason for Visit:
Other County:
Bladen Reglon:
Fayetteville
Date of Visit:
021281201 B Entry Time: 03:45 pm Exit Time: 4:45
pm Incident ff
Farm Name:
Fox Bay Farm, LLC
-Owner EmalI:
Owner:
Fox Bay Farm LLC
Phone:
910-258-8189
!Nailing Address:
8326 Center Rd
Bladenboro NC 283209298
Physical Address:
8361 Center Rd
Bladenboro NC 213320
Facility Status:
❑ Compliant Not Compliant Integrator:
Murphy -Brown LLC
Location of Farm:
Latitude:
34' 35'24" Longitude:
78' 49' 02"
From Tar Heel, S on
NC 131, 3.6 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41.
Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
i Dischrge & Stream Impacts Waste Col, Star, & Treat
Other issues
Certified Operator: John Clay Hester Operator Certification Number. 995228
Secondary OIC(s):
On -Site Representative(s):
24 hour contact name
On-site representative
Primary Inspector:
Inspector Signature:
Secondary inspector(s):
Name
John Hester
John Hester
Title
Phone
Phone
Phone
Steve Guyton Phone:
Date:
Inspection Summary:
they are razfering from back lagoon to front
hog are still being removed.
Smithfield has set up and starting to remove waste by truck to a lagonn in White Oak
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02!26116 Inpsection Type: Structure Evaluation Reason for Visit: Other
Regulated Operations Design Capacity Current promotions
Swine
❑ Swine - Feeder to Finish 6,160
Total Design Capacity: 6,160
Total SSLW: 831,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
agoon
LAGOON 1
19.00
9.00
agoon
LAGOON 2
19.00
8.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/26/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Discharges & Slteam Impacts
res No Na No
1. Is any discharge observed from any part of the operation?
❑
0 ❑
❑
Discharge originated at:
Structure
❑
� ❑
❑
Application Field
❑
Other
❑
❑
❑
a. Was conveyance man-made?
❑
0 ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
❑
0 ❑
❑
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 0
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
■ ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
N ❑
❑
State other than from a discharge?
Waste Collection. Storage & Treatment
Yea No Na No
4. Is storage capacity less than adequate?
0
❑ ❑
❑
If yes, is waste level into structural freeboard?
5. Are there any immediate threats to the integrity of any of the structures observed (Led 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 pen -nit? (Not applicable
❑
0 ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Other Issues
YU
No Na Ng
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
M ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? if yes,
❑
❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
M
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
M ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
[]
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
a
C] ❑
❑
page: 3

Structure Evaluation Inspection
Facility Number: �- -- - L%� Date:,,- ;2 ,g �
Time in: c,-2- 1'1-5-1,5— Time out:
Farm Name: Farm 911 address:
Owner Name:
Facility Contact:
Onsite Representative: ZP-I- Integrator:
Certified Operator: Cert. Number
Is storage capacity less than adequate? Yes --No Y)
If yes is waste level into the structural freeboard? Yes — No
Structure: 1 2 3 4 5
y
7`-----�
-ffl,
6
Identifier: �Vj
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.): �f7
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by th:e permit? Yes — No
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop .',. _
Comments:

Structure Evaluation Inspection
Facility Number: ` Date:
Time in: SIS Time out:
Farm Name: /Jox,. _ Farm 911 address:
Owner Name:
Facility Contact:
Onsite Representative:
Certified Operator:
Integrator:
Cert. Number
Is storage capacity less than adequate? Yes ---- No � r U
If yes is waste level into the structural freeboard? Yes -/ No -pD
Structure: 1 2 3 4 5 6
Identifier: b.Gk
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.):
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by the permit? Yes _ No
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop
Comments: �ze JTJ j,4 -
7D
l
7 ' O

Division of Water Resources
Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
090045 Facility Status: Active
Permit: AWS090045
❑ Denied Access
Inpsection Type:
Structure Evaluation
Inactive Or Closed Date:
Steve Guyton Phone:
Inspector Signature:
Reason for Visit:
Other County:
Bladen Region:
Fayetteville
Date of Visit:
02/28/2018 Entry Time: 02:25 pm Exit Time: 2:40 pm Incident d
201600502
Farm Name:
Fox Bay Farm, LLC
Owner Email:
Owner.
Fox Bay Farm LLC
Phone:
910-258-8189
Mailing Address:
8326 Center Rd
Bladenboro NC 283209298
Physical Address:
8361 Center Rd
Bladenboro NC 28320
Facility Status:
❑ Compliant Not Compliant Integrator:
Murphy -Brown LLC
Location of Farm:
Latitude:
34" 35'24" Longitude:
78° 49'02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 mites farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
0 Oischrge & Stream Impacts Waste Col, Stor, & Treat
Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On-site Representative(s):
Name Title Phone
24 hour contact name
John Hester Phone:
On-site representative
John Hester Phone:
Primary Inspector.
Steve Guyton Phone:
Inspector Signature:
Date:
Secondary Inspector(s):
Inspection Summary:
all hogs are gone as of Sturday evening 2-27-2018
8 loads of waste removed yesterday.
1 pull on front field applied
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/28/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Waste structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon
LAGOON 1
19.00
9.00
Lagoon
LAGOON 2
19.00
10.00
page: 2

Permit: AWS090045 Owner - Facility : Fax Bay Farm LLC Facility Number: 090045
Inspection Date: 02/28/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
D schames 8 Stream Impacts
Y2 No Na He
1. Is any discharge observed from any part of the operation?
❑
M ❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
M ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d_ Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
M ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
M ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
■ ❑
❑
State other than from a discharge?
Waste Collection, Storatle & Treatment
Yes No Na No
4. Is storage capacity less than adequate?
M
❑ ❑
❑
If yes, is waste level into structural freeboard?
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
6. Are then= structures on-site that are not property 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/orwet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Other Issues
Yes
No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
E ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility?
❑
M ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
0
1:111
❑
page: 3

U
Structure Evaluation inspection
Facility Number: -- . �5 Date: oz"v�� 16
Time in: �',oa Time out:�a
Farm Name: F C Farm 911 address:
Owner Name: ,,%iir6 r4`�s7`� Phone
Facility Contact:
Onsite Representative: Integrator:
Certified Operator: Cert. Number
Is storage capacity less than adequate? Yes No
If yes is waste level into the structural freeboard? Yes No
Was non-compliant level reported to DWR POA received
Structure: 1 2 3 4 5 6
Identifier: - C�
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.): _
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by the permit? Yes _ No
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop
Comments:

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 090045 Facility Status: Active Permit: AWS090045
0 Denied Access
Inpsection Type: Structure Evaluation Inactive Or Closed Date:
Reason for Visit: Other County: $laden Region:
Fayetteville
Date of Visit: 02/29/2016 Entry Time: 04,00 pm Exit Time: 4:30 pm Incident #
Farm Name: Fox Bay Farm, LLC Owner Email:
Owner: Fox Bay Farm LLC Phone:
910-258-8189
Mailing Address: 8326 Center Rd Bladenboro NC 283209298
Physical Address: 8361 Center Rd Bladenboro NC 28320
Facility Status: ❑ Compliant Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34° 35'24" Longitude:
78° 49'02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East ap rox. 0.5 miles
Question Areas:
E Dischrge & Stream impacts Waste Col, Star, & Treat Other Issues
Certified Operator: John Clay Hester Operator Certification Number:
995228
Secondary OIC(s):
Onsite Reprosentative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Hate:
Secondary Inspector(s):
Inspection Summary:
Smithfield is continuing to remove waste by truck.
farm is still pumping
page: 1

Permit: AWS090045 Owner - Facility : Fax Bay Farm LLC Facility Number: 090045
Inspection Date: 02/29/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Regulated Operations Design Capacity Current promotions
5wina
Swine - Feeder to Finish 6,160 0
Total Design Capacity: 6.160
Total SSLW: 831,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
agoon
LAGOON 1
19.00
8,00
agoon
LAGOON 2
19.00
12.00
page: 2

Permit: AWS090045 Owner- Facility: Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/29/18 Inpsection Type: Structure Evaluation Reason for Visit: Other
Discharges & Stream Impacts
Yea
Na No No
1. Is any discharge observed from any part of the operation?
❑
M ❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
M ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
m ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
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?
❑
M [❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
N ❑
❑
State other than from a discharge?
Waste Collection. Storage & Treatment
Yes No Na Ne
4. Is storage capacity less than adequate?
N
❑ ❑
❑
If yes, is waste level into structural freeboard?
0
5. Are there any immediate threats to the integrity of any of the structures observed (Led large
❑
M ❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
0 ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
E ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Other lssues
res_
No1Na�le
28. Did the facility fail to property dispose of dead animals within 24 hours and/or document
❑
M ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
M ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
M ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon /Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
M
❑ ❑
❑
page: 3

Structure Evaluation Inspection
Facility Number: �_ -- Date:
Time in: 6-.'D c) Time out:
3 —.,2 ^-/k
Farm Name: Farm 911 address:
r
Owner Name: _�� k� Phone
Facility Contact:
Onsite Representative:
Certified Operator:
Integrator:
Cert. Number
Is storage capacity less than adequate? Yes No
If yes is waste level into the structural freeboard? Yes
Was non-compliant level reported to DWR
Structure: 1 2 3
Identifier: �� Ad,
M
POA received
4 5 6
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.):
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by the permit? Yes _ No
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop
Comments:

On -Site Representative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone:
Primary Inspector: Steve Guyten Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
smithfieid continues to remove waste.
farm has done a wase plan to land apply to a helghbors field.
page: 1
0 Division of Water Resources
El Division of Soil and Water Conservation
11 Other Agency
Facility Number:
090045
Facility Status: Active
Permit: AWS090045
[] Denied Access
Inpsection Type:
Structure Evaluation
Inactive Or Closed Date:
Reason for Visit:
Other
County:
Bladen Region:
Fayetteville
Data of Visit:
03/02/2016 Entry Time: 04:30 pm Exit Time: 5:30 pm Incident #
201600502
Farm Name:
Fox Bay Farm, LLC
Owner Email:
Owner:
Fox Bay Farm LLC
Phone:
910-258-8189
Mailing Address:
8326 Center Rd
Bladenboro NC 283209298
Physical Address:
8361 Center Rd
Bladenboro NC 28320
Facility Status:
❑ Comptiant
Not Compliant Integrator:
Murphy -Brown LLC
Location of Farm:
Latitude:
34° 35'24" Longitude:
78° 49' 02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41, Continue on marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd
(SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
E Dischrge & Stream
impacts
Waste Col, Stor, & Treat
Other Issues
Certified Operator:
John Clay Hester
Operator Certification Number:
995228
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone:
Primary Inspector: Steve Guyten Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
smithfieid continues to remove waste.
farm has done a wase plan to land apply to a helghbors field.
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection pate: 03/02/16 Inpsection Type: Structure Evaluation Reason for Visit: Other
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 6,160 0
Total Design Capacity: 6,160
Total SSLW: 831,600
Waste, Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
agaon
LAGOON 1
19.00
10.00
agoon
LAGOON 2
19.00
13.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03102/16 Inpsection Type. Structure Evaluation Reason for Visit: Other
Discharges & Stream tmoacts
Yes No Na No
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
Structure
❑
❑
❑
Application Field
❑
Other
❑
0 ❑
❑
a. Was conveyance man-made?
❑
M ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
❑
M ❑
❑
d, Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
■ ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
M ❑
❑
State other than from a discharge?
Yes
No -Nn --No
Waste Collection. Storage & Treatment
Yes No Na Ne
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 (I.e./ large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
M ❑
❑
S. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
M ❑
❑
to roofed pits, dry stacks and/or wet slacks)
9. Does any part of the waste management system other than the waste structures require
❑
0 ❑
❑
maintenance or improvement?
Otherlssues
Yes
No -Nn --No
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
0 ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
0
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
■ ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWM P?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
0
❑ ❑
❑
page: 3

Structure Evaluation Inspection
Facility Number: -- /_/S Date: �3
Time in: Time out: o r)
Farm Name: -L Farm 911 address:
Owner Name: Phone
Facility Contact:
Onsite Representative:
Integrator:
Certified Operator: Cert. Number
Is storage capacity less than adequate? Yes c� No
If yes is waste level into the structural freeboard? Yes No
Was non-compliant level reported to DWR �_; POA received
Structure:
Identifier
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.):
1 2 3
4 5 6
Are there any immediate threats to the integrity of any of the structures
observed? Yes No
Do any structures lack adequate markers as required by the permit? Yes _ No
Does any part of the waste, management system need repair Yes No �
Condition of field's
Condition of receiving crop
Comments:.� 7,

Division of Water Resources
Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
090045 Facility Status: Active
Inpsectlon Type:
Structure Evaluation
Reason for Visit:
Routine County:
Date of Visit:
03/03/2016 Entry Tlme: 03:00 pm Exit Time: 4:0
Farm Name:
Fox Bay Farm, LLC
Owner:
Fox Bay Farm LLC
Mailing Address:
8326 Center Rd
Permit: AWS090045
Inactive Or Closed Date:
Bladen Region:
pm Incident #
Owner Email:
Phone:
Bladenboro NC 283209298
❑ Denied Access
Fayetteville
201600502
910-258-8189
Physical Address: 8361 Center Rd Bladenboro NC 28320
Facility Status: ❑ Compliant Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34° 35'24" Longitude: 78° 49' 02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
0 Dischrge & Stream Impacts Waste Cal, Star, & Treat Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name John Hester Phone
On-site representative John Hester Phone:
Primary Inspector; Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s);
Inspection Summary:
Lagoons are out of structure.
Smithfield will stop hauleing,
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection pate: 03/03/16 Inpsection Type: Structure Evaluation Reason for Visit: Routine
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon
LAGOON 1
19.00
12.00
Lagoon
LAGOON 2
19.00
13.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/03/16 Inpsection Type: Structure Evaluation Reason for Visit: Routine
Discharges & Stream Impacts
Yoe No Ne No
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
❑
❑
b. Did discharge reach Waters of the Slate? (if yes, notify DWQ)
❑
M ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
M ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection. Storage & Treatment
Yee No Ng No
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 (Led 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?
❑
❑
❑
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
0 ❑
❑
to roofed pits, dry stacks andlor wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
0 ❑
❑
maintenance or improvement?
Other Issues
Yes
No -Nit
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
■ ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
M ❑
❑
contact a regional Air Quality representative immediately.
30, Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
M
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon 1 Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWMP?
33. Did the Reviewerlinspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
0
1:11:1
❑
page: 3

(Type of Visit: •f:TCompliance Inspection U Operation Review U Structure Evaluation U Technical Assistance I
Reason for Visit: 42 xoutine 0 Complaint 0 Follow-up 0 Referral 0 Emereenev 0 Other 0 Denied Access
Date of Visit: 0 Arrival Time: ; e Departure Time: "3 ; L County:
Farm Name: 0,fpy, cy rit/_—tn / 1 �', Owner Email:
Owner Name: F: 70 ;�c�T�rt/ A, Phone:
Mailing Address:
Physical Address:
Facility Contact: Title:u�<�rd�
Onsite Representative: '<.-.1ram_ Integrator:
Certified Operator: _0�__
Back-up Operator:
Location of Farm:
Phone:
Certification Number:
Certification Number:
Latitude: Longitude:
Region: C►
"Resign ` '
Design Current
aci1
Current Design Current, .
�Weti�Ep[iuitry i `�""`.�
Swine" C Po
pa�,c4ty, p.
4 Eapacity' Pap Cattle n E:Gapactty.(�ty. �P,}op-
�-?�i 1Y
µ.
.Ym�#
5i% l _ b..�i'➢i1+fWrki1CF.
..
Wean to Finish
Laver
Dairy Cow
t
Wean to Feeder
Non -Layer
Dairy Calf
eeder to Finish
le/ 4-D
'` y ' � + `'
='�D�esign Gurrenf
_ D • poult iCa aci Pa ..;:v
Dairy Heifer
Farrow to Wean
Dry Cow
Farrow to Feeder
Non-Dai
•
Farrow to Finish
Layers
j
Beef Stocker
Gilts
Non -Layers
Beef Feeder
Boars
Pullets
Beef Brood Cow
q
Turkeys
Other _
Turkey Poults
..am?.-�sPw`, t.
N:?
Other
Other
i..w�wrr�.,Nsssmf:-wr+:�na�:e:;wiaarirar :-wa c.w::➢.wv 4.:
�vssatsa.nxn�..r..•w.w�.,�ua�'ar:.+F,�awr+n.nat?�w
Discharees and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWR)
c. What is the estimated volume that reached waters of the State (gallons)?
❑ Yes E].No [] NA ❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
d. Does the discharge bypass the waste management system? (If yes, notify DWR) ❑ Yes [] No ❑ NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes g No ❑ NA ❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters [] Yes Q!]-No ❑ NA [] NE
of the State other than from a discharge?
Page I of 3 21412014 Continued

Facili Number: - Ds ection:37
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes [a No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: -41rcx
Spillway?:
Designed Freeboard (in):_
Observed Freeboard (in): 4�2
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes [R No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a ❑ Yes allo
❑ NA
❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? 9 -..Yes To
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit? Yes ;� No
[] NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require ❑ Yes Z No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ® No
❑ NA
❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes �C ,No
❑ NA
❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into
Bare Soil
❑ Outside of Acceptable Crop Window [] Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):�'llrL�efcC. �I�v r•' f ""�"� ��x's PiI �. �' pr' i /z y��
—
13. Soil Type(s): I / YDS Tri-, yr>t� �:✓ r..� / �r� �, lc lyi A-, - —
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ® No ❑ NA ❑ NE
15. Does the receiving crop and/or land application site need improvement? ayes ❑ No ❑ NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes ®.No ❑ NA ❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
❑ Yes 21 No ❑ NA ❑ NE
❑ Yes [&No ❑ NA ❑ NE
Reauired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ZNo ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check [:]Yes allo ❑ NA ❑ NE
the appropriate box.
❑WUP ❑Checklists ❑Design ❑ Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ELYes [:]No
❑ Waste Application ❑ Weekly Freeboard Waste Analysis ❑ Soil Analysis 0 Waste Transfers
0' Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes Z No
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? O Yes [g No
❑ NA ❑ NE
0 Weather Code
❑ Sludge Survey
❑ NA ❑ NE
❑ NA ❑ NE
Page 2 of 3 2/412011 Continued

Facility Number: jDate of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes 0 No ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ® No ❑ NA ❑ NE
the appropriate box(es) below.
[] Failure to complete annual sludge survey [:]Failure to develop a POA for sludge levels
[] Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes No ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? Yes ® No ❑ NA ❑ NE
Other issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
0 No
[] NA
❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
No
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
❑ Yes
No
[] NA
❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
[] Yes
5�No
❑ NA
❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
No
❑ NA
❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
❑ Yes
® No
[] NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes
RNo
❑ NA
❑ NE
:answers andlor.3anysadditional recanimendations ori
Reviewer/Inspector Name:
Reviewer/Inspector Signature
Page 3 of 3
Phone: 9-/'9
Date: Xf__
2/4/2011

0 Division of Water Resources
El Division of Soil and Water Conservation
11 Other Agency
Facility Number: 090045 Facility Status: Active Permit: AWS090045
Inpsection Type: Compliance Inspection Inactive Or Closed Date:
Reason for visit: Routine County: Bladen Region:
Date of Visit: 05104/2015 Entry Time: 02:00 pm Exit Time: 3:30 pm Incident #
Farm Name: Fox Bay Farm, LLC Owner Email:
Owner. Fox Bay Farm LLC Phone:
Mailing Address: 832$ Center Rd Bladenboro NC 283209298
Physical Address: 83131 Center Rd Bladenboro NC 28320
Facility Status: ❑ Compliant Not Compliant Integrator: Murphy -Brown LLC
❑ Denied Access
Fayetteville
910-258-8189
Location of Farm: Latitude: 34° 35'24" Longitude: 78'4V 02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
Dischrge & Stream Impacts Waste Coi, Stor, & Treat Waste Application
M Records and Documents M Other Issues
Certified Operator: John Clay Hester Operator Certification Number, 995228
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone:
Primary Inspector:
Inspector Signature:
Secondary Inspector(s):
Steve Guyton
Inspection Summary:
7. mow to bottom of dyke send picture when completed.
15. reclaim several fields that have been neglected and send picture when completed.
21. farm waiting on waste anatysis email IRR 2 form when completed
calibration and sludge survey is due before or by 12-2015
Phone:
Date:
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number. 090045
Inspection Date: 05/04/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 6,160 2,000
Total Design Capacity: 6,160
Total SSLW: 631,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon
LAGOON 1
19.00
20.00
Lagoon
LAGOON 2
19.00
21.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 05/04/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Imrsacts
Yea
No Na No
❑ N ❑ ❑
1. Is any discharge observed from any part of the operation?
1101111
11. Is there evidence of incorrect application?
❑ 0 ❑ ❑
Discharge originated at:
Excessive Ponding?
❑
Structure
❑
Frozen Ground?
❑
Application Field
❑
PAN?
❑
Other
❑
Total Phosphorus?
❑
a. Was conveyance man-made?
❑
0 ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWO)
❑
■ ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
M ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
N ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
Cl
0 ❑
❑
State other than from a discharge?
Waste Collection, 5torane & Treatment
Yea No Na No
4. Is storage capacity less than adequate?
❑
0 ❑
0
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
❑
N ❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
M
❑ ❑
❑
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
❑
0 ❑
❑
maintenance or improvement?
Waste Agglication
Yea No Na Na
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ N ❑ ❑
maintenance or improvement?
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%110 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 05/04/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Wastes Application
Yes No No Ne
Crop Type 1
Coastal Bermuda Grass w!
Soil Type 2
Rye Overseed
Crop Type 2
Fescue (Hay, Pasture)
Crop Type 3
Small Grain (Wheat, Barley,
Soil Type 3
Oats)
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Foreaton
NoNa No
Soil Type 2
Lynn Haven and Torhunta
❑
soils
20. Does the facility fail to have all components of the CAWMP readily available?
❑
Soil Type 3
Autryville
If yes, check the appropriate box below.
Soil Type 4
Rains
WUP?
❑
Soil Type 5
Checklists?
❑
Soil Type 6
Design?
❑
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
E ❑
❑
Management Plan(CAWMP)?
Lease Agreements?
❑
15. Does the receiving crop and/or land application site need improvement?
1:11:1
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
E ❑
❑
determination?
21. Does record keeping need improvement?
❑
17. Does the facility lack adequate acreage for land application?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
0 ❑
❑
Records and Documents
Yes
NoNa No
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?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
E ❑
❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
page: 4

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number:
090045
Inspection Date: 05/04115 Inpsection Type: Compliance Inspection Reason for Visit:
Routine
Records and Documents
Yes No Ng No
Rainfall?
❑
Stocking?
[)
Crop yields?
❑
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
[]
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
0 Cl
Cl
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
0 ❑
❑
appropriate box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Non-compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
28. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PIAT) certification?
❑
❑
❑
Other Issues
Yes
No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
E ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
N ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility?
❑
0 ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon 1 Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
❑
E ❑
❑
page: 5

0
Type of Visit o�mplpllance Inspection Operation Review 0 Structure Evaluation 0 Technical Assistance
Rteason for Visit: YJ Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: Departure Time: , County: 57L-,4-- Region:
Farm Name: ry,.4 /G Owner Email:
Owner Name: }=p}r, T4Zy rvow-L % Phone:
Mailing Address:
Physical Address:
Facility Contact: ���� t�; �sYd- Title:/jj �►�
Onsite Representative: integrator:
Phone:
Certified Operator �n e- / r'% CertiScadon Number:
Back-up Operator::,. ;: e2ir Certification Number:
Location of Farm:,' Latitude: Longitude:
,�}`�t•�•�.
,
1946
E,� I
IJ
k?4i�R. t '°aV ��''1tt���"�'t,. .G 'ts
p� `6f ,,�c.� •�
� �'a,� I 4�?'f
MI
Dischar es and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the 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 observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes EM No ❑ NA ❑ NE
❑ Yes []No
[-]Yes []No
❑ Yes [] No
[:]Yes No
[]Yes 5§,No
❑ NA ❑ NE
❑ NA ❑ NE
[]NA ❑NE
[DNA ❑ NE
❑ NA ❑ NE
Page I of 3 21412011 Continued

Facility Number: jDate of Inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes
a. If yes, is waste level into the structural freeboard? ❑ Yes
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier:) 4
®-No ❑ NA ❑ NE
❑ No ❑ NA ❑ NE
Structure 6
Spillway?:
❑ Yes
®, No
Designed Freeboard (in): � 2 19,
❑ NE
15. Does the receiving crop and/or land application site need improvement?
Observed Freeboard (in):
❑ No
❑ NA
5. Are there any immediate threats to the integrity of any of the structures observed? []Yes ® No
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
❑ NA
❑ NE
6. Are there structures on-site which are not properly addressed and/or managed through a ❑ Yes No
❑ NA
❑ NE
waste management or closure plan?
17. Does the facility lack adequate acreage for land application?
If any of questions 4-6 were answered yes, and the situation poses an Immediate public health or environmental threat,
notify DWR
7. Do any of the structures need maintenance or improvement? ® Yes ❑ No
❑ NA
❑ NE
S. Do any of the structures lack adequate markers as required by the permit? ❑ Yes [@ No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
Refiuired Records & Documents
9. Does any part of the waste management system other than the waste structures require ❑ Yes [A No
❑ NA
❑ NE
maintenance or improvement?
❑ Yes
[R No
Waste Application
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes [allo
❑ NA
❑ NE
maintenance or improvement?
the appropriate box.
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ® No
❑ NA
❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
®, No
NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
td�Yes
❑ No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ Yes
No
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑YesW"i
No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
2 No
❑ NA
❑ NE
Refiuired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
[R No
❑ NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
'1Z No
❑ NA
❑ NE
the appropriate box.
❑ WUP ❑ Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑ Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. [Z Yes ❑ No
❑ Waste Application ❑ Weekly Freeboard P Waste Analysis ❑ Soil Analysis ❑ Waste Transfers
❑ Rainfall ❑ Stocking ❑ Crop Yield [7 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge? [:]Yes S] No
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes SNo
❑NA []NE
❑ Weather Code
❑ Sludge Survey
❑ NA ❑ NE
❑ NA ❑ NE
Page 2 of 3 2/4/2014 Continued

r
]Facility Number: - Date of Inspection: �- 7--
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes [SNo ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ®,No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑Failure to develop a POA for sludge levels
❑ Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes ® No ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes C, No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
and report mortality rates that were higher, than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
36. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface file drains exist at the facility? If yes, check the appropriate box below
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
❑ Yes g3 No ❑ NA ❑ NE
❑ Yes ZI No [] NA ❑ NE
Yes Z No ❑ NA ❑ NE
❑ Yes g No ❑ NA ❑ NE
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes 2LNo ❑ NA ❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative? ❑ Yes Callo ❑ NA ❑ NE
34. Does the facility require a follow-up visit by the same agency? 2,Yes ❑ NA ❑ NE
a
OUY�J7't� /' YCp`.3 I (I 1f LI ] �rv' / ''� �j `{%l�a� � L� ��Y�,j / �"'` �� ✓.�c /i3^'�v�'�
l[J1661 A1Z4ejs,5
w T�-.--
Reviewer/Inspector Name:
I
Reviewer/Inspector Signature:
9
Page 3 of 3
Phone: ` o
Date: l'% 7`',A0 /Y -
2/4/2014

0 Division of Water Resources
El Division of Soil and Water Conservation
El Other Agency
Facility Number:
090045 Facility Status:
Active permit: AWS090045
Inpsectlon Type:
Compliance Inspection
Inactive Or Closed Date:
Reason for Visit:
Routine
County: Bladen Region:
Date of Visit:
11/07/2014 Entry Time: 02:00 pm
Exit Time: 3:45 pm Incident N
Farm Name:
Fox Bay Farm, LLC
Owner Email:
Owner:
Fox Bay Farm LLC
Phone:
Mailing Address:
8326 Center Rd
Bladenboro NC 283209298
Physical Address:
8361 Center Rd
Bladenboro NC 28320
Facility Status:
❑ Compliant Not Compliant
Integrator. Murphy -Brown LLC
❑ Denied Access
Fayetteville
910-258-8189
Location of Farm, Latitude: 34° 3524" Longitude: 78° 49'02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
Dischrge & Stream Impacts Waste Cal, Star, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
Onsite Representative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone:
Primary Inspector:
Inspector Signature:
Secondary Inspector(s):
Steve Guyton
Inspection Summary:
7, mow lagoon banks small saplings.
15. dean up fescue fields over seed needs to be planted in any weak areas in spray fields.
21. spray events that were not covered by waswte analysis.
remember waste analysis is bvalid 60 days before or after sample date.
Phone:
Date:
34. DWR will follow up in february 2015 to see that lagoon banks have been mowed and spray fields have been mowed.
Waste analysis have been taken
NOD for lack of waste analysis for spray events.
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number; 090045
Inspection Date: 11/07/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 6,160 4,597
Total Design Capacity: 6,160
Total SSLW: 831,600
Waste StruStUres
Disignated Observed
Type Identifier Closed Oats Start Date Fero Freeboard
Lagoon
LAGOON 1
19.00
21,00
Lagoon
LAGOON 2
19.00
23.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 11/07/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine
DischaE92l & Stream Impacts
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
1. Is any discharge observed from any part of the operation?
❑
N ❑
❑
Discharge originated at:
❑
Excessive Ponding?
Structure
❑
M ❑
❑
Application Field
❑
❑
PAN?
Other
❑
0 ❑
❑
a. Was conveyance man-made?
❑
w [❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
❑
0 ❑
❑
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?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
M ❑
❑
State other than from a discharge?
Waste Collection Storage & TreatMent
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity less than adequate?
❑
0 ❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (Le.! large
❑
M ❑
❑
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
❑
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or dosure plan?
Failure to incorporate manurelsludge into bare soil?
❑
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
Evidence of wind drift?
❑ ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
0 ❑
❑
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
Yes No Na Na
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ M ❑ ❑
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 Phosphorus?
❑
Failure to incorporate manurelsludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner - Facility : Fox Bay Famt LLC Facility Number: 090045
Inspection Date: 11/07/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Application
Yes No Na No
Crop Type 1
Coastal Bermuda Grass wl
Management Plan(CAWMP)?
Rye Overseed
Crap Type 2
Fescue (Hay, Pasture)
Crop Type 3
Small Grain Cover
Crop Type 4
WU P?
Crop Type 5
❑
Crop Type 6
❑
Soil Type 1
Foreston
Soil Type 2
Lynn Haven and Torhunta
17. Does the facility lack adequate acreage for land application?
soils
Soil Type 3
Rains
Soil Type 4
❑
Soil Type 5
❑
Soil Type 6
If Other, please specify
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
N ❑
❑
Management Plan(CAWMP)?
20. Does the facility fail to have all components of the CAWMP readily available?
❑
M ❑ ❑
15. Does the receiving crop and/or land application site need improvement?
011011
WU P?
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
M ❑
❑
determination?
Design?
❑
17. Does the facility lack adequate acreage for land application?
❑
M ❑
❑
18. Is there a lack of property operating waste application equipment?
❑
0 ❑
❑
Records and Documents
Yes No -Na -Ka
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
0 ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
M ❑ ❑
If yes, check the appropriate box below.
WU P?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
0
❑ ❑ ❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
page: 4

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number. 090D45
Inspection Date: 11/07/14 Inppection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes No Na No
No Na No
Stocking?
❑
❑
0 ❑
Crop yields?
❑
120 Minute inspections?
❑
❑
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
❑
0 ❑
22. Did the facility fail to install and maintain a rain gauge?
❑
M ❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
M ❑
❑
(NPDES only)?
If yes, check the appropriate box below.
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
0 ❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
0 ❑
❑
appropriate box(es) below:
Other
❑
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
❑
M ❑
Non-compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
33. Did the Reviewer/inspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
0 ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
0 ❑
❑
Otherlssues
Yes
No Na No
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
0 ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
[❑
M ❑
❑
If yes, check the appropriate box below.
Application Field
Cl
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32, Were any additional problems noted which cause non-compliance of the Permit or
❑
M ❑
❑
CAWMP?
33. Did the Reviewer/inspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
0
❑ ❑
❑
page: 5

Type of Visit: ,,�,om��pliancc Inspection Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: 4 outine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: Departure Time: G County: Region: `�
Farm Name: rig x r o rn t_ L.. L C, Owner Email:
Owner Name: ��y �r. lam' /�r�'�- Phone:
Mailing Address:
Physical Address:
Facility Contact: t_ ma7Title: f C.'J/r+'� Phone:
Onsite Representative: <z-s yG Integrator: '0W"vr;0/V
Certified Operator: ,j`�irr� Certification Number:
Rack -up Operator: T')p7.7, 7 ae' Certification Number:
Location of Farm: Latitude: Longitude:
°i4ivw.: � � T
` ••�3�£''++
�� y � � IK� �� � ! �
y 1 � Y
y
61 �
1 4
�1
1 1 Bill
1 i - 1 �
yr. j'. ����J lE
a � � �.n ij�%Y
�,.. - .�..,.�.
•
■/JLjJN7:S:JJ
--
53s�t K.'.-i i
,�y� i'r 3i,ld
17 �l:'J• .;�-..
--
I 3a. � r' '�
t �..'.4a t S. ,t�
.4Ln
h `�! 7� ' +wt i IY.'�4
�+'� h'Mn 1 ' I '� f,r
;' ■
i �
�;-. � 1
l., ■ �
•
..' •. s3 � � 1 zy
_-
--
-_
�
L�IA�,�.
�
'FA��r}a
■
■ � i .
IM
'f`�+�-" I Q � � y YZi
J+'�3�k�' � �.��V r:�
.��3nw j0���� F. �t�w �.s i� ���`F"J�.efj�;��f
�`€� �i 'f "
_— y
_— —
� �". � ,ai��.,tk Q q. � S
� k�•�, i � NF�` 1 '4. M ��...ia,
i�.a
� �"I.Y.4 K il�,.�r�'��'d`:`��.�.!,�yvs
�
■
4. �Sx
MS �P,
µi■
Discharees and Stream Imoacts
1, Is any discharge observed from any part of the operation?
❑ Yes
LS No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
❑ Yes
[] No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (if yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
R1 No
[] NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
❑ Yes
5? No
❑ NA
❑ NE
of the State other than from a discharge?
Page 1 of 3 21412011 Continued

Facility Number: 5E - Date of Inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes ®No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:Po ,xQ
Spillway?:
Designed Freeboard (in): _
Observed Freeboard (in):�
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes 0 No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a
❑ Yes
®.No
❑ NA
❑ NE
waste management or closure plan?
❑ Yes
No
[] NA
❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat,
notify DWQ
7. Do any of the structures need maintenance or improvement?
[& Yes
❑ No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
[:]Yes
No
❑ NA
NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
❑ NA
❑ NE
the appropriate box.
9. Does any part of the waste management system other than the waste structures require
❑ Yes
No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
No
❑ NA
❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes �No [DNA C3 NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):
13. Soil Types): Dr`rs %tom- L cella
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ®'No ❑ NA ❑ NE
15. Does the receiving crop and/or land application site need improvement? Yes goo ❑ NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes [Z No ❑ NA ❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
® No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
No
[] NA
❑ NE
Reauired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
® No
❑ NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
E4 No
❑ NA
❑ NE
the appropriate box.
❑WUP ❑Checklists ❑Design ❑ Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. 0 Yes [3 No E] NA ❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis 2qSoil Analysis [ Waste Transfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1 " Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ® No ❑ NA ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes tZ No ❑ NA ❑ NE
Page 2 of 3 2/4/2011 Continued

Facili Number: Date of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ZI No ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes 21 No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes ® No ❑ NA 0 NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ® No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality. concern?
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Application Field ❑ lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
34. Does the facility require a follow-up visit by the same agency?
❑ Yes � No D NA ❑ NE
❑ Yes [E No ❑ NA ❑ NE
❑ Yes ® No ❑ NA ❑ NE
❑ Yes OlNo ❑ NA ❑ NE
❑ Yes
® No
❑ NA
❑ NE
❑ Yes
® No
❑ NA
❑ NE
❑ Yes
® No
❑ NA
❑ NE
Comments (refer,to question,#) Euplain any YES'answers and/or'any`additiobal reebmffiendations or;any other comments
Use drawiidis of faculty to;.6etter'egplaln`situations (use edditionnl>paaes- 'as necessary).
/iID�U •�*.�'�> T Tr
iv (i 7 r~ 7 r�- 1.
Reviewer/Inspector Name:
Reviewer/Inspector Signature
Page 3 of 3
Phone: f --
Date: --a — / 3
2/4/2011

Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number:
090045 Facility Status:
tnpsectlon Type:
Compliance Inspection
Reason for Visit:
Routine
Date of Visit:
02/08/2013 Entry Time: 11:00 am
Farm Name:
Fox Bay Farm, LLC
Owner:
Fox Bay Farm LLC
Mailing Address:
8326 Center Rd
Physical Address:
8361 Center Rd
Active Permit: AWS090046 ❑ Denied Access
Inactive Or Closed Date:
County: Bladen Region: Fayetteville
Exit Time: 12:00 pm Incident #
Owner Email:
Phone: [phone]
Bladenboro NC 283209298
Bladenboro NC 28320
Facility Status: ❑ Compliant N Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34` 36 24" Longitude: 78° 49' Ill"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approxi 0.5 miles
Question Areas:
Dischrge & Stream impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Site Representative(s). Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone :
Primary Inspector. Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
7. Mow lagoon banks to toe of dyke. cut small saplings on lagoon banks.
21. No soil samples for 2012
NOD for 7 and 21
15 continue working on spray fields.
page: 1

Permit; AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/08/13 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
&Mne - Feeder to Finish 5,838
Total Design Capacity:
Total SSLW:
Waste Structures
Disignated Observed
Type Identifier Closed Date $tart Date Freeboard Freeboard
agoon LAGOON 1 19.00
agoon LAGOON 2 19.00
page: 2

Permit: AWS090045 Owner- Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/08/13 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes_No
No Ne
❑ ❑ ❑
1. Is any discharge observed from any part of the operation?
❑
ED
❑
Discharge originated at:
Excessive Ponding?
❑
Structure
❑
Frozen Ground?
❑
Application Field
❑
PAN?
❑
Other
❑
Total Phosphorus?
❑
a. Was conveyance man-made?
❑
M ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
E ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
❑
❑
State other than from a discharge?
Waste Collection, Storage & Treatment
Yes No Na Ne
4. Is storage capacity less than adequate?
❑
M ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
❑
N ❑
❑
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
❑
M ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
M ❑
❑
maintenance or improvement?
Waste Application
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ M ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 100%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number:
090045
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
Inspection Date: 02/08113 Inpsection Type: Compliance inspection Reason for Visit:
Routine
❑ 0 ❑ ❑
Waste Application
Yes No Up He
WUP?
Crop Type 1
Coastal Bermuda Gress wl
❑
Rye Overseed
❑
Crop Type 2
Fescue (Hay, Pasture)
Crop Type 3
❑
Other?
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Foreston
Soil Type 2
Lynn Haven and Torhunte
soils
Sail Type 3
Rains
Soil Type 4
Soil Type 5
Soil Type 8
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑ 0 ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop andlor land application site need improvement?
N ❑ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑ N ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑ E ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑ E ❑
❑
Records and Documents
Yes No Na No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑ 0 ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ 0 ❑ ❑
If yes, check the appropriate box below.
❑
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
1111 ❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
Waste Transfers?
❑
Weather code?
❑
Rainfall?
[❑
page: 4

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/08/13 Inpsection Type: Compliance Inspection Reason for Visit: Routine
RecoMs and Documents
Yee No No No
Stocking?
❑
■ ❑
❑
Crop yields?
❑
120 Minute inspections?
❑
E ❑
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
E ❑
❑
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 only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑
❑
appropriate box(es) below:
❑
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
❑
❑
Non-compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
❑
0 ❑
❑
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
0 ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
0
0 ❑
❑
Other Issues
Yes No No No
28. Did the facility fail to property dispose of dead animals within 24 hours and/or document
❑
■ ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
E ❑
❑
contact a regional Air quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
E ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
0 ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
❑
0 ❑
❑
page: 5

Type of visit: ompliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: p `. 00 1 Departure Time: County:
Farm Name: �fJX $T�.s �% G Owner Email:
Owner Name; Phone:
Mailing Address:
Physical Address:
Region:
Facility Contact: /L4et Title: 1,fyh Y.r - Phone:
Onsite Representative: Integrator:
Certified Operator: _ �� /�� e-S 72e— Certification Number:
Back-up Operator: Certification Number: 1`�
Location of Farm:
Latitude:
Longitude:
aW i.� .'
a Y y --, s.�y . c
..t a�
N
.•,,. n4�p.
•1
¢r q­ZAU
Y { S � .L
� µ l
�7r( f�'f l
i �} / I ^ fS-�
1 �
1 1 t�' ���
_ �:ir'"" k 1 �
�i 1 1 1 3�`:J
':Y .,. ,�1
� � 1 - •
[i:�i!L
�/�II'�
�
�'
r�S
��r�
�f kF �- Y,.
■ � �
-_
■
• •
--
8"y
T� ,�'� ,�yk3"�+
'*� � k�4 I�@�7�"4 �
9�k 1 - 1 �
� 1.
■ , +
--
•
fry
�."`.' $ � ; x y _} .�
S'r 5'ie
E�y •t i '_ s ',w
�a s �^
r •'
■
_-
tl .4
Y
y 3' � '� E '�' ry t4 .:y.
•t y� L ...�: Sys z•� q� : yA
B` x
ip i
a
1`'
'Y ' ■ ,
-- a
■
,
_-
d
yxk 3� f._.�'4' $ i.`� ',
1 RK ITIi lam,
Discharges and Stream Im acts
1. Is any discharge observed from any part of the operation? ❑ Yes [Q No ❑ NA [] NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made? ❑ Yes ❑ No ❑ NA ❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
[]Yes
a No
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
❑ Yes
® No
❑ NA
❑ NE
of the State other than from a discharge?
Page 1 of 3 . 21412011 Continued

Facili Number: - Date of Ins ection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes MNo ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes El No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a
❑ Yes
Z No
❑ NA
❑ NE
waste management or closure plan?
❑ Yes
[Sq No
❑ NA
❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental thyeat,
notify DWQ
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
[3 Yes
7, Do any of the structures need maintenance or improvement?
Yes
No
[] NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
n No
❑ NA
[] NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ Yes
® No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
® No
❑ NA
❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ®.No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence/of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):�+/`fi2 Lsr c0.. / i�U t/`��r-�� /x�»r•,c� �,zCu _
13. Soil Type(s):ti�cr1Dlrt-r
14. Do the receiving crops differ from those designated in the CAWMP? [] Yes ® No ❑ NA [] NE
15. Does the receiving crop and/or land application site need improvement? ❑ Yes ® No ❑ NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes [Z No ❑ NA 0 NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
2] No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
[Sq No
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
[3 Yes
� No
E] NA
❑ NE
20. Does the facility fail to have ail components of the CAWMP readily available? If yes, check
❑ Yes
Ej No
❑ NA
❑ NE
the appropriate box.
❑WUP El Checklists E] Design ❑ Maps [] Lease Agreements []Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ® No
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes [a No
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? [:]Yes Z No
❑ NA ❑ NE
❑ Weather Code
❑ Sludge Survey
❑NA E:] NE
❑ NA ❑ NE
Page 2 of 3 2/4/2011 Continued

Facili Number: - Date of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes [aNo ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ® No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑Failure to develop a POA for sludge levels
[] Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes ® No ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
�l No
NA
❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
RNo
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
❑ Yes
&INo
❑ NA
❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
Ej�_No
❑ NA
❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
�Z[ No
❑ NA
[] NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
[] Yes
Z No
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes
DUo
❑ NA
❑ NE
Coments (refer to 4uestiori # Exjililn any�YES answers'and/ar any additiana�{recommendations oyr�"any�other comments
m
Use�iirarvi>ngs of faeility"to'.better "ex lain situations''(use,additional'a es'as:neces'sary).�;
Reviewer/Inspector Name:
Reviewer/Inspector Signature:
Page 3 of 3
Phone: 4�P --33��
Date: rj`rcI��
214/2411

Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number: 090045 Facility Status: Active Permit: AWS090046
Inpsection Type: Compliance Inspection Inactive Or Closed Date:
Reason for Visit: Routine County: Bladen Region:
Date of Visit: 03/01/2012 Entry Time: 10:00 am Exit Time: 11:30 am Incident #
Farm Name: Fox Bay Farm, LLC Owner Email:
Owner: Fox Bay Farm LLC Phone:
Mailing Address: 8326 Center Rd Bladenboro NC 283209298
Physical Address: 8361 Center Rd Bladenboro NC 28320
Facility Status: Compliant ❑ Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34° 35'24" Longitude: 78" 49' 02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )an Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
[] Denied Access
Fayetteville
910-258-8189
Certified Operator: John Clay Hester Operator Certification Number. 995228
Secondary OIC(s):
On -Site Reprosentativo(s): Name Title Phone
24 hour contact name John Hester Phone
On-site representative John Hester Phone
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
7. fix bare areas and erosion on lagoon and mow lagoon banks to remove small saplings.
page: 1

Permit: AWS090045 Owner - Facility : Fax Bay Farm LLC Facility Number: 090045
Inspection Date: 03101/12 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 5,310
Total Design Capacity:
Total SSLW:
Waste Struclumt
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Froeboard
agoon LAGOON 1 19.00
agoon LAGOON 2 19.00
page: 2

Permit: AWS090045 Owner -Facility: Fox Bay Farm U.0 Facility Number: 090045
Inspection Date: 03/01/12 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharttes & Stream Impacts
Yes
No Na No
4. Is storage capacity less than adequate?
1. Is any discharge observed from any part of the operation?
❑
i ❑
❑
Discharge originated at:
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (I.e.1 large
Structure
❑
❑
trees, severe erosion, seepage, etc.)?
Application Field
❑
PAN?
B. Are there structures on-site that are not properly addressed and/or managed through a
Other
❑
❑
waste management or closure plan?
a. Was conveyance man-made?
❑
M ❑
[]
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
01:111
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
c. What is the estimated volume that reached waters of the State (gallons)?
■ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
■ ❑
❑
State other than from a discharge?
Waste Collection St_orape_& Treatment
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity less than adequate?
❑
0 ❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (I.e.1 large
❑
0 ❑
❑
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
❑
PAN?
B. Are there structures on-site that are not properly addressed and/or managed through a
❑
❑
❑
waste management or closure plan?
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
Evidence of wind drift?
❑ ❑
❑
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
❑
0 ❑
❑
maintenance or improvement?
Waste Application
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
[] ME -111
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/01/12 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Application
Yea No Na No
Checklists?
Crop Type 1
Coastal Bermuda Grass wl
❑
Rye Overseed
❑
Crop Type 2
Fescue (Hay, Pasture)
Crop Type 3
Small Grain Overseed
Soil analysis?
Crop Type 4
Waste Transfers?
❑
Weather code?
Crop Type 5
Rainfall?
❑
Stocking?
Crop Type 6
page: 4
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
❑
0 ❑
❑
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?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
0 El
❑
Records and Documents
Yes
No Na No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
[]
E ❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
0 ❑
❑
If yes, check the appropriate box below
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑ E ❑ ❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
page: 4

Permit; AWS090045 Owner -Facility: Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/01/12 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yos No Na NQ
Na Nn
Crop yields?
❑
❑
0 ❑
120 Minute inspections?
❑
Monthly and T' Rainfall Inspections
❑
❑
M ❑
Sludge Survey
❑
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
❑
❑
❑
(NPDFS only)?
31. Do subsurface tile drains exist at the facility?
❑
0 ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
M ❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
M ❑
❑
appropriate box(es) below:
Lagoon 1 Storage Pond
❑
Failure to complete annual sludge survey
❑
❑
Failure to develop a POA for sludge levels
❑
Non-compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
El
■ ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
0 ❑
❑
Other Issues
Yon—No
Na Nn
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
M ❑
❑
contact a regional Air Quality representative immediately.
30, Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
M ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
0 ❑
[]
If yes, check the appropriate box below.
Application Field
❑
Lagoon 1 Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑
CAWM P?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ 0 ❑ ❑
34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑
page: 5

Type of Visit (Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit outine O Complaint O Foilow up O Referral O Emergency 0 Other ❑ Denied Access
Date of Visit: �Arrival Time: Departure Time: t /' �`-'. J County: 4nelY— Region:
Farm Name: i=fat ✓h - �►^ L C Owner Email:
Owner Name: U,� C-- ,�,.�r'� Phone:
Mailing Address:
Physical Address:
Facility Contact: C/ 4 � h hrr'S�ea✓`"� Title: _ II�J'J r�r Phone No:
Onsite Representative: integrator: W,
Certified Operator: , S Operator Certification Number:
Back-up Operator:
Location of Farm:
Back-up Certification Number:
Latitude: 0 0 0 I =41 Longitude:
0�v�0
c+n s.-%
: 2 T,Design y Current .. Design k -Current _3 Design> Current
RSwieE. i <<4 ' Wet l'oultr t �'Cattlex'Cap r,
K Capac ty l'apulation y Capacity Population acity' .Population
❑ Wean to Finish
❑ Wean to Feeder
Feeder to Finish
to Co O
�] Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
[] Boars
:LL• ❑ Layer
❑ Non -Layer
H Y .
w7—
r:
❑ Other `
Layers
❑ Non -La ers
❑ Pullets
❑ Turkeys.
❑ Turkey Pou Its
❑ Other
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at; ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
❑
Dairy Cow
❑
Dairy Calf
❑
Daia Heifer
❑
Dry Cow
❑
Non-Dai
❑
Beef Stocker
❑
Beef Feeder
❑
Beef Brood Cow
V.
k
Ajmber,of4Structures :-.
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
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 the Waters of the State
other than from a discharge?
Page 1 of 3
I
❑ Yes X.No ❑ NA ❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ NA
❑ NE
❑ Yes
[]No
❑ Yes
R,No
❑ NA
❑ NE
❑ Yes
JZ No
❑ NA
❑ NE
12128104 Continued

Facility Number: . ;j Date of Inspection
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. If yes, is waste level into the structural freeboard?
Structure 1 Structure 2 Structure 3 Structure 4
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): 72 2
5. Are there any immediate threats to the integrity of any of the structures observed?
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
through a waste management or closure plan?
❑ Yes KNo ❑ NA ❑ NE
❑ Yes SNo ❑ NA ❑ NE
Structure 5 Structure 6
❑ Yes BNo ❑ NA ❑ NE
❑ Yes RNo ❑ NA ❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? 9 Yes ❑ No ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes 5d No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require 0,Yes ❑ No ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes DdNo ❑ NA ❑ NE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below. Yes No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
® PAN ❑ PAN > 10% or 101bs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
.R No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
E—Yes
❑ No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?[] Yes
[,No
❑ NA
❑ NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
;RLNo
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
�Z No
❑ NA
❑ NE
Fra,
Reviewer/Inspector Name x`.� �;' '` ,r, we$"'� Phone: 97'O-'�33`.33rJ�
Reviewer/Inspector Signature: Date: --J Q--O�
['age 2 of 5 1L/L61v4 uonrinuea

Facility Number: — Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? []Yes CgNo [INA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes 19 No ❑ NA ❑ NE
the appropirate box. ❑ WUP ❑ Checklists
❑ Design El Maps [I Other
21. Does record keeping need improvement? If yes, check the appropriate box below. Yes ❑ No ❑ NA ❑ NE
® Waste Application Weekly Freeboard 1E Waste Analysis ® Soil Analysis ❑ Waste Transfers ❑ Annual Certification
® Rainfall ❑ Stocking ❑ Crop Yield ❑ l20 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑ Weather Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
0 No
❑ NA
❑ NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
ER No
❑ NA
❑ NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
,$.Yes
El No
❑ NA
El NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
UYes
❑ No
❑ NA
❑ NE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
No
❑ NA
❑ NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
JZ No
❑ NA
❑ NE
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
® No
❑ NA
❑ NE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
[ZNo
❑ NA
❑ NE
and report the mortality rates that were higher than normal?
34.
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
[Z No
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required by
❑ Yes
S No
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems, over application)
32.
Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
❑ Yes
H No
❑ NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
R -Yes
❑ No
❑ NA
❑ NE
Addit��t tiComments�artdLor Drawings;,�, .� ,;�
l 7nL
� y_3
Page 3 of 3 12128104

Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 090045 Facility Status:
Inpsection Typo: Compliance Inspection
Active
Permit: AWS090045 [ Denied Access
inactive Or Closed Date:
Reason for Visit: Routine County: Bladen Region: Fayetteville
Dato of Vlstt: 03/10/2011 Entry Time: 01:00 pm Exit Time: 2:30 pm Incident 0
Farm Name: Fox Say Farm, LLC Owner Email;
Owner: Fox Bay Farm LLC Phone:
Mailing Address: 8326 Center Rd Bladenboro NC 283209298
Physical Address: 8361 Center Rd Bladenboro NC 28320
Facility Status: Compliant ❑ Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34' 35'24" Longitude: 78° 49' 02"
From Tar Heel, S on NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
R1 (SW) on Center Rd (SR i 100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
Dischrge & Stream Impacts Waste Col, Slur. & Treat Waste Application
Records and Documents Othor Issues
910-258-8189
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On-Slte Representative(s): Name Title Phone
24 hour contact name John Hester Phone:
On-site representative John Hester Phone :
Primary Inspector: Steve Guyton Phone:
Inspector signature: Date:
Secondary Inspector(s):
Inspection Summary:
7. Mow lagoon banks 1 clean trash from lagoon.
21. farmer does not have any records from the previous leasse of the farm celebration and sludge may have been done.
They have started new redcords starting December 1st 2010,
ii. i Feld was 4 lbs avers on pan Less than 10%
9. fix foundation leak at house 1
15. farm is undergoing on operation review to improve spre fields.
33. will followup to look at sprayfield improvements
not on inpection sheet farm is curently doing a review by Bladen soil and water and Bladen extintion office to review and make a
plan of action to improve the opperation of the farm.
page: 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date; 03/10/11 inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 3,500
Total Design Capacity:
Total SSLW:
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freaboard
agoon LAGOON 1 19.00
agoon LAGOON 2 19.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 03/10/11 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
1. Is any discharge observed from any part of the operation?
❑
0 ❑
❑
Discharge originated at:
❑
Excessive Ponding?
Structure
❑
0 ❑
❑
Application Field
❑
❑
PAN?
Other
❑
0 ❑
❑
a, Was conveyance man-made?
❑
❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. Estimated volume reaching surface waters?
❑
0 ❑
❑
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
N ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other
❑
0 ❑
❑
than from a discharge?
Waste Collection, Storage & Troatmsnt
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity fess than adequate?
❑
M ❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (Led large
❑
0 ❑
❑
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
❑
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
0 ❑
❑
waste management or closure plan?
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
M
❑ ❑
❑
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
0 ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
M
❑ ❑
❑
maintenance or improvement?
Waste Application
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
M ❑ ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
[]
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
Is PAN > 10%110 lbs.?
❑
Total P205?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner - Facility : Fox Say Farm LLC Facility Number: 090045
Inspection Date: 03/10/11 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Anolication
Yes No Na Ne
Crop Type 1
Coastal Bermuda Grass wl
Management Plan(CAWMP)?
Rye Overseed
Crop Type 2
Fescue (Hay, Pasture)
Crop Type 3
Small Grain Overseed
Crop Type 4
❑
Crop Type 5
❑
Crop Type 6
❑
Soil Type 1
Foreston
Soil Type 2
Rains
Soil Type 3
Lynn Haven and Torhunta
❑
soils
Soil Type 4
Autryville
Soil Type 5
❑
Soil Type 6
Yqs
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?
M
❑ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
0 ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
❑
❑
Records and Documents
Yqs
No No No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
M ❑
❑
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?
M
1:10
❑
If yes, check the appropriate box below.
Waste Application?
120 Minute inspections?
n
Weather code?
0
Weekly Freeboard?
0
Transfers?
❑
Rainfall?
Inspections after> 1 inch rainfall 8 monthly?
❑
Waste Analysis?
Annual soil analysis?
page: 4

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number:
Inspection Date: 03/10/11 Inpsection Type: Compliance Inspection Reason for Visit:
090045
Routine
Records and Documents
Yes No Na No
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 only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
0
❑ ❑
❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
0 ❑
❑
26. Did the facility fail to have an actively certified operator in charge?
❑
0 ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
0 ❑
❑
Other Issues
Yas No Na No
28. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWM P?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report those mortality 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 Permit?
❑
0 ❑
❑
32. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
M 0
❑
33. Does facility require a follow-up visit by same agency?
❑ ❑
❑
34. Are subsurface drains present on this farm?
❑
M ❑
❑
If yes, check the appropriate box below.
Spray Field
❑
Lagoon 1 Storage Pond
❑
Other
❑
page: 5

iFaeility+Nu19
mlier• l/� Q L.tvision of<S it a►nRdWatcr conservation;
� QMOtCf-.Agency �
Type of Visit ompiiance Inspection O Operation Review G Si ucture Evaluation O Technical Assistance
Reason for Visit O Routine O Complaint t-Follow up O Referral O Emergency O Other ❑ Denied Access
Date of Visit: LAO' I Arrival Time: D �+� Departure Time: County:
Farm Name: fd x -�9''� Owner Email:
Owner Name: G Phone: _
Mailing Address:
Physical Address: �L
Facility Contact: ��� L7 �✓���-"�' Title: Phone No:
Onsite Representative: Integrator: .~66 _
Certified Operator: fog Operator Certification Number:
Back-up Operator:
Back-up Certification Number:
Region: 22�L_
Location of Farm: Latitude: = o = I = Longitude: = o =' = "
It IN
]Design Current Design Current Design Current
Swine a : , Capacity Population Wet I' Sul ry Ca acity ,Population' Caatt 5 Cad city Population
❑ Wean to Finish ❑ Layer ❑ Dairy Cow
❑ Wean to Feeder ❑ Non -Layer I ❑ Dairy Calf
❑ Feeder to Finish ❑ Dairy Heifer
❑ Farrow to Wean „ d ❑ Dry Cow
❑ Farrow to Feeder n� �� `` `' `br , ❑
`� Non -Dairy
❑ Farrow to Finish ❑ Beef Stocker
❑ Gilts ❑ Beef Feeder U
❑ Boars ❑ Beef Brood Cow
Turkeysf , yu;,
er s rjof Structures:
nYLGitGtd•-'"yt.Kf'7w�•fIi•!KV�I��Y''4�Fi.�,�lAf.`''+=1-s3 �tiT'aY:.�:9.h�1C ?. L.
❑ La ers
❑ Non -Layers
❑ Pullets
❑
❑ Turkey Poults
❑ Other
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑ Yes
�No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
❑ Yes
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
RNo
❑ NA
❑ NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
❑ Yes
O-No
❑ NA
❑ NE
other than from a discharge?
Page 1 of 3
12128104
Continued

5
Facility Number: — Log
Date of Inspection -AV-
Waste Collection & Treatment
` 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
ayes ❑ No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard?
Z-Yes ❑ No ❑ NA ❑ NE
Structure i Structure 2 Structure 3 Structure-P
Identifier: rA
Structure 5 Structure 6
Spillway?:
Designed Freeboard (in): 9 19
Observed Freeboard (in): / % i�l�lct-.� J i �`r`S i n / 4?
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes BNo ❑ NA ❑ NE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
❑ Yes LNo ❑ NA ❑ NE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental
threat, notify DWQ
7. Do any of the structures need maintenance or improvement?
® Yes ❑ No ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ® Yes ❑ No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require ❑ Yes ❑ No ❑ NA J! -NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes E3 No ❑ NA 9NE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA EZNE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area
12, Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
❑ No
❑ NA
4R NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA
ac NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?[] Yes
❑ No
❑ NA
E[NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA
J,NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No
❑ NA
S VE
��/�`�'Gr`✓Xy� �*�Pv1�Yt'r" f �!e'rt �7� %wi �'t- �rfl- ..L
/��l' � �LLC/ys�G�:�t ����rY�.�Di`_` ��cc�! .� T/ u�r•.t� �
/T is /) K �D c�" ✓H I.z�. o�
/O
Reviewer/InspectorNamel

Facility Number: Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA giiNE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA NNE
the appropirate box. ❑ WUP ❑ Checklists ❑ Design ❑ Maps ❑ Other
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA G�NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA ®-NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
❑ NA
O -NE
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
91 NE
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
C9NE
26. Did the facility fail to have an actively certified operator in charge?
❑ Yes
❑ No
❑ NA
'SNE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
❑ NA
J![NE
Other Issues
Dwo iAxl
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA
I -IE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
.❑ NE
and report the mortality rates that were higher than normal?
30.
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
❑ No
❑ NA
E -NE
If yes, contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required by
❑ Yes
❑ No
❑ NA
O -NE
General Permit? (ie/ discharge, freeboard problems, over application)
32.
Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
❑ Yes
T -No
❑ NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
aYes
❑ No
❑ NA
C;NE
'a .4 �% vsy}�y�'rk �. - wTs. n��+!y d a ','i t t f" ! °Mb i+• y+
Additi6na1' Ce5,,3411,
41
Dwo iAxl
flow
.'z©.. s
'jLyv--3 03--<xsI
Page 3 of 3 12/28/04

0 Division of Water Resources
El Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 090045 Facility Status: Active Permit: AWS090045
Inpsection Type: Structure Evaluation Inactive Or Closed Date:
Reason for Visit: Follow-up
Dato of Vlslt 02!05!2011 EntryTime: 10:10 am Exit Time
Farm Name: Fox Bay Farm, LLC
County: Bladen
12:15 om
Region:
Incident #
Owner Email:
Owner: Fox Bay Farm LLC Phone:
Mailing Address: 8326 Center Rd Bladenboro NC 283209298
Physical Address: 8361 Center Rd
Bladenboro NC 28320
Facility Status: ❑ Compliant N Not Compliant Integrator: Murphy -Brown LLC
Location of Farm:
❑ Denied Access
Fayetteville
910-258.8189
Latitude: 34° 35'24" Longitude: 78'49'02"
From Tar Heel, Son NG 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Site Represontative(s): Name Title Phone
24 hour contact name John Hester Phone
On-site representative John Hester Phone
Primary Inspector:
Inspector Signature:
Secondary Inspoctor(s):
Steve Guyton
Phone:
Date:
Inspection Summary:
4. Lagoon is now at 6 inches at the low spot of dyke.
They recived another inch of rain last night.
Note: talked with my supervisor about situation it is ok for farmer to tranzfer from the front lagoon to the back lagoon. But do not
allow back lagoon to get into the structural level. Tranzfer enauhg to lower the front lagoon out of the structural.
DWQ will need a 5 day POA and 30 day POA by the end of the day Monday. this can be emailed of faxed to the FRO.
When you tranfer record levels before you pump and after each event docunent time and date and time pumping form provided.
I will follow up with an inspection of the records and fields on thursday the 9th at 2 pm
Call if you see any problem with the structure may cellno is 910-303-0151
page: 1

Permit: AWS090045 Owner -Facility: Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/05/11 Inpsection Type: Structure Evaluation Reason for Visit: Follow-up
Regulated Operations Design Capacity Current promotions
Swine
n Swine - Feeder to Finish
Total Design Capacity:
Total SSLW:
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Froeboard
agoon LAGOON 1 19.00
agoon LAGOON 2 19.00
page: 2

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/05/11 Inpsection Type: Structure Evaluation Reason for Visit: Follow-up
Discharges & Stream Impacts
Yea
No No Ne
❑ ❑ ❑
1. Is any discharge observed from any part of the operation?
❑
■ ❑
❑
Discharge originated at:
Excessive Ponding?
❑
Structure
❑
Frozen Ground?
❑
Application Field
❑
PAN?
❑
Other
❑
Total P2O5?
❑
a. Was conveyance man-made?
❑
0 ❑
❑
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)
❑
M ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
NE -113
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other
❑
M ❑
❑
than from a discharge?
Waste Collection, Storage & Treatment
Yee No No No
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 (I.e.1 large
❑
M ❑
❑
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?
■
❑ ❑
❑
6. Do any of the structures lack adequate markers as required by the permit? (Not applicabie
0
❑ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
0 ❑
❑
maintenance or improvement?
Waste Application
Yes No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ ❑ ❑ ■
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total P2O5?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner -Facility: Fax Bay Farm LLC Facility Number: 090045
Inspection Date: 02/05/11 Inpsection Type: Structure Evaluation Reason for Visit: Follow-up
Waste Application
Yea No Na Ne
Crop Type 1
❑
❑ ❑
0
Crop Type 2
❑
❑ ❑
Crop Type 3
Crop Type 4
❑
Crop Type 5
r]
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?
❑
❑ ❑
N
16. Did the facility fail to secure andlor operate per the irrigation design or wettable acre
❑
❑ ❑
0
determination?
❑
17. Does the facility lack adequate acreage for land application?
❑
❑ [❑
E
18. Is there a lack of properly operating waste application equipment?
❑
❑ ❑
0
Records and Documents
Yes No No No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
❑ ❑
0
20. Does the facility fail to have all components of the CAWMP readily available?
❑
❑ ❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
r]
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?
❑
page: 4

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/05/11 Inpsection Type: Structure Evaluation Reason for Visit: Follow-up
Records and Documents
res
No Na No
28. Were any additional problems noted which cause non-compliance of the Permit or
Stocking?
❑
CAWMP?
Annual Certification Form (NPDES only)?
❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑
0
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑ ❑
0
(NPDES only)?
❑ ❑
■
regional Air Quality representative immediately,
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑ ❑
31, Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑ ❑
32. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
26. Did the facility fail to have an actively certified operator in charge?
❑
❑ ❑
M
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ []
M
Otherissues
Yes No No No
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? If yes, contact a
❑
❑ ❑
■
regional Air Quality representative immediately,
31, Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
❑ ❑
M
32. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
■ ❑
❑
33. Does facility require a follow-up visit by same agency?
0
❑ ❑
❑
34. Are subsurface drains present on this farm?
❑
❑ ❑
M
If yes, check the appropriate box below.
Spray Field
❑
Lagoon / Storage Pond
❑
Other
❑
page: 5

w.
Date of Visit: G� Arrival Time: O Departure Time: 16 r y% County: 'oiiiililin Region:
Farm Name: 1_ Owner Email:
Owner Name:—'"b5c a� ! l Phone:
Mailing Address:
Physical Address:
Facility Contact: Ill t Title: - . 'aJi7r'�" Phone No:
Onsite Representative: Integrator: _
Certified Operator: Operator Certification Number:
Back-up Operator: Back-up Certification Number:
Location of Farm: Latitude: =o = d = u Longitude: = o = I = 11
De gn Cu�rrenf Design Current!t'iT NSA I's gn Currey
Swine s , C$pac�tyPopulatton. WP,�or3' Capacity Po ulatiom Cattle: Canact Pon.ulatlon
-h:. o.,:"" �'ar.r-ss•nu... '4, �_�.,'i C dm4:7n'•, C...c-w-•n••,.
y El Daia Cow
❑ DairyCalf e.
® Feeder to Finish • "rti�s „ ❑Dai Heifer
r
❑ Farrow to Wean Dr l?oult ❑ D Cow
❑ Farrow to Feeder ""�"'�'"� s ElNon-Dairy
❑ ❑ Farrow to Finish ❑ Layers ❑Beef Stocker
Gilts ❑ Nan -La ers
❑Pullets ❑Beef Feeder
❑ Boars ❑Beef Brood Cow
❑ Turkeys
Other ❑ TurkeyPoults
❑ Other ❑ Other Number to t5tructures:
❑ Wean to Finish ❑ Layer
❑ Wean to Feeder
Non -Layer
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
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 the Waters of the State
other than from a discharge?
Page 1 of 3
❑ Yes tZ No ❑ NA ❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ NA
❑ NE
❑ Yes
❑ No
❑ Yes
❑ No
❑ NA
® NE
❑ Yes
t@ No
❑ NA
❑ NE
12128104 Continued

a Facility Number: —
Date of Inspection
Waste Collection & Treatment
' 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ® Yes ❑ No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? J9 Yes ❑ No ❑ NA ❑ NE
Struucturpi Structure 2 Structure 3 Structure Structure 5 Structure 6
Identifier: ��✓ �f✓h Sa=
Spillway?:
Designed. Freeboard (in):
Observed Freeboard (in): / 1
4l'- r rilrlifc r�
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes ® No ❑ NA ❑ NE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed ❑ Yes A No ❑ NA ❑ NE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ® Yes ❑ No ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ® Yes ❑ No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require [] Yes ❑ No ❑ NA RNE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA XNE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA M NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ❑ No ❑ NA ®,NE
15. Does the receiving crop and/or land application site need improvement? ❑ Yes
❑ No
❑ NA
aNE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?[] Yes
❑ No
❑ NA
kNE
17. Does the facility lack adequate acreage for land application? ❑ Yes
❑ No
❑ NA
aNE
18. Is there a lack of properly operating waste application equipment? ❑ Yes
❑ No
❑ NA
EI.ZJE
+�✓th7vi/�+� /�i�b'� / f�,5 s'-� cl�� r ���Giot��t �1,.�
Lke=,L. reel 7Z� 46 g a h r s a,-r ` t` i C'o✓!� �J`�
? }w:c ,,�, _ "T_4''� "+. yr k Yr r �,t :r'�+LS C � —�. ;� �- —••e .
Reviewer/Inspector Name oaf,, ,f w Phone: 9/OZoa
Reviewer/Inspector Signature: Date: — �l
1-age 1 of i 11126IU4 GonUnueR

Facility Number: Date of Inspection I
Re uired Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA SNE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA ER NE
the appropirate box. ❑ WUp ❑ Checklists
❑ Design [I Maps [I Other
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA JONE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rain Inspections ❑ Weather Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
❑ No
❑ NA
® NE
23,
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
❑ NA
[KNE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
RNE
25.
Did the facility, fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
A NE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
❑ No
❑ NA
ONE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
❑ NA
MINE
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA
L&NE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
[&NE
and report the mortality rates that were higher than normal?
30.
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
❑ No
❑ NA
ERNE
If yes, contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required -by
❑ Yes
❑ No
❑ NA
E -NE
General Permit? (ie/ discharge, freeboard problems, over application)
32.
Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
❑ Yes
SNo
❑ NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
(,-Yes
❑ No
❑ NA
❑ NE
of - '^ - ! - 5+, ti ..,1�de[s:'N - ...
A trr .y� : ,?.,' ' -, #fib, n, r k +.�'*.r d
AdditlOnal"Comments andt4C nr8Win s t zi3�b °E� 6 ,w , y �e�' _�
Yt- '3'.i.7a. 1;
// V
AL
ele
>� J
Page 3 of 3 12128104

Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number: 090045 Facility Status:
Inpsection Type:
Structure Evaluation
Reason for Visit:
Complaint
Date of Visit:
02104/2011 Entry Time
Farm Name:
Fox Bay Farm, LLC
Owner:
Fox Bay Farm LLC
Mailing Address:
8326 Center Rd
Physical Address:
8361 Center Rd
Active
05:30 pm Exit Time
Permit: AWS090045 ❑ Denied Access
Inactive Or Closed Date:
County: Bladen Region, Fayetteville
6,45 pm Incident 4 201100256
Owner hmail:
Phone: [phone]
Bladenboro NC 283209298
Bladenboro NC 28320
Facility Status: ❑ Compliant ■ Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34" 35'24" Longitude: 78° 49' 02"
From Tar Heel, S an NC 131, 3.8 miles. Rt (SW )on Marsh Rd (SR 1101) across NC 41. Continue on Marsh Rd 2.9 miles farther.
Rt (SW) on Center Rd (SR 1100) 1.1 miles to entrance rd. East approx. 0.5 miles
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: John Clay Hester Operator Certification Number: 995228
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name John Hester Phone
On-site representative John Hester Phone
Primary Inspector- Steve Guyton Phone:
Inspector Signature: Date:
Socondary Inspector(s):
Inspection Summary:
4. Front marker reads 18.5 inches placeing a straight edge over the lagoon at the low point of dyde it looks to be 8 to 10 inches of
freeboard..
7. lagoon banks need mowing.
8. marker in front lagoon needs to be measurred to make sure it is correct.
33. will follow up tomarrow the 5th.
Kraig Westerbook was notified he will have his crew measure the lagoon Monday they installed them a bout a year ago,
this is not on the inspection but Murphy Brown did not set the marker as of this date 2-9-2011 we do not know who did.
page. 1

Permit: AWS090045 Owner - Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Hate: 02/04/11 Inpsection Type: Structure Evaluation Reason for Visit: Complaint
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish
Total Design Capacity:
Total SSLW:
Waste 5 ructuros
Disignated Observed
Type identifier Closed Date Start Date Freeboard Freeboard
_agoon LAGOON 1 19.00
.agoon LAGOON 2 19.00
page: 2

Permit: AWS090045 Owner- Facility : Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/04/11 Inpsection Type: Structure Evaluation Reason for Visit: Complaint
Discharges & Stream Impacts
Yes
No Na No
4. Is storage capacity less than adequate?
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
Structure
❑
❑
trees, severe erosion, seepage, etc.)?
Application Field
❑
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
Other
❑
❑
waste management or closure plan?
a. Was conveyance man-made?
❑
0 ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
■ ❑
❑
c. Estimated volume reaching surface waters?
❑ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
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
❑
N ❑
❑
than from a discharge?
Waste Collection. Storage & Treatment
Yes No No Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity less than adequate?
0
❑ ❑
❑
If yes, is waste level into structural freeboard?
If yes, check the appropriate box below.
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
❑
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
■ ❑
❑
waste management or closure plan?
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
M
❑ ❑
❑
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable
0
❑ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
g. Does any part of the waste management system other than the waste structures require
❑
0 ❑
❑
maintenance or improvement?
Waste Application
Yea No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
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 P205?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090045 Owner - Facility ; Fox Bay Farm LLC Facility Number: 090045
Inspection Date: 02/04/11 Inpsection Type: Structure Evaluation Reason for Visit: Complaint
Waste Application
Yes No Na No
Crop Type 1
Crop Type 2
Crop Type 3
Crop Type 4
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 andlor land application site need improvement?
❑
❑ ❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
1:11:1
N
determination?
17. Does the facility lack adequate acreage for land application?
❑
❑ ❑
18. Is there a lack of properly operating waste application equipment?
❑
❑ ❑
Records and Documents
Yea No Na No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
111:1
0
20. Does the facility fail to have all components of the CAWMP readily available?
❑
❑ ❑
0
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
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?
j]
Waste Analysis?
❑
Annual soil analysis?
❑
Crop yields?
❑
page: 4

Permit: AWS090045 Owner - Facility : Fax Bay Farm LLC Facility Number. 090045
Inspection Date: 02/04/11 Inpsection Type: Structure Evaluation Reason for Visit: Complaint
Records and Documents
Yes No No No
No Na Ne
Stocking?
❑
❑
❑ ❑
Annual Certification Form (NPDES only)?
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑
0
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑ ❑
(NPDES only)?
30, At the time of the inspection did the facility pose an air quality concern? If yes, contact a
❑
❑ ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑ ❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑ ❑
0
26. Did the facility fail to have an actively certified operator in charge?
❑
❑ ❑
0
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ ❑
■
Other lasues
Yea
No Na Ne
28. Were any additional problems noted which cause non-compliance of the Permit or
❑
❑ ❑
M
CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
❑ ❑
0
and report those mortality rates that exceed normal rates?
30, At the time of the inspection did the facility pose an air quality concern? If yes, contact a
❑
❑ ❑
0
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 reviewlinspection with on-site representative?
❑
❑
❑
33. Does facility require a follow-up visit by same agency?
❑ ❑
❑
34. Are subsurface drains present on this farm?
❑
❑ ❑
M
If yes, check the appropriate box below.
Spray Field
❑
Lagoon / Storage Pond
❑
Other
❑
page: 5

���
r. .4
7
y
Wa ter kesources
LNVItIONMENTAL aVALITY
PAT MCCRORY
(hwenmr
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
11 o-eclur
March 18, 2016
MEMORANDUM
To; Regional Supervisors, Water Quality Regional Operations Section
From: Jay Zimmerman, Director ,;,7ri
Through: Jon Risgaard, Chief, Water Quality Regional Operations Section
Subject: Compliance/Enforcement Related to Periods of Extended Chronic Rainfall
Chronic rainfall events in North Carolina in recent months have many areas of the state dealing with
historic rainfall totals. For example, National Weather Service records indicate 2015 has the second
highest annual rainfall total with over 72 inches of rainfall at least 139 rain days in Wilmington, NC.
Chronic heavy rainfall the last two weeks of September 2015, coupled with impacts from Hurricane
Joaquin which necessitated Executive Order No. 80 -- Declaration of a State of Emergency, left many
facilities with much reduced storage capacity for the winter months and adversely impacted receiving
crops. The combination of these events with continued chronic rainfall has resulted in many animal waste
lagoons at or near their freeboard limits.
The current Compliance/Enforcement Procedures for Animal Waste Management Facilities, issued
January 6, 2006 (see Attachment), does not provide for consideration of chronic rainfall periods when
determining appropriate enforcement action with respect to freeboard. In order to insure consistency
throughout the state, the following compliance and enforcement guidelines are to be implemented by
both the central office and the regional office staff when working with inadequate freeboard levels at
animal waste facilities.
When a high freeboard is identified at an animal facility, the producer will be given the opportunity to
provide information to the Division of Water Resources (DWR) that will enable DWR to make a
determination as to the appropriate incident response. This request for information may be either in the
form of a Request for Information Letter or the DWR staff may meet with the producer at the facility.
Once any additional information has been evaluated, the producer will be issued a Notice of Deficiency
(NOD), a Notice of Violation (NOVA,'; nd/or a Notice of Intent of a Civil Penalty Assessment. DWR may also
initiate other enforcement actions as appropriate.
Stata at North Carolirm I Envirotunental Quality I Water Resources
1611 Mail service Center. ` Rgleigh, North Carolina 27699.1611
919 707 9DW

Chronic Rainfall Compliance Guidance
March 18, 2016
Page 2 of 2
The effective timeframe of a single chronic rainfall period will be determined at the Director's discretion
based on cumulative rainfall amounts, duration, frequency of rain days, and seasonal variability. The
maximum duration of a single chronic rainfall period should not normally exceed 365 days.
The 2006 Compliance/Enforcement Procedures should continue to be followed during periods of chronic
heavy rainfall with the following exceptions:
Facilities following proper operations and maintenance practices who find themselves with
lagoon/storage pond waste levels fluctuating at the compliance level specified in the facility's CAWMP
but below the structural freeboard level (greater than 12 inches), should not be subject to multiple
compliance actions. These facilities are subject to increased compliance actions as described in this memo
if freeboard levels become less than 12 inches, or operation and maintenance practices are not
maintained.
If the lagoon/storage pond waste levels exceed the compliance level specified in the facility's
CAWIVIP but below the structural freeboard level (greater than 12 inches):
o A prior NOV or two or more NODs for freeboard violations resulting from events less severe
than a 25 year -24 hour storm event in the past three years shall not automatically elevate
enforcement action during chronic heavy rainfall from an NOD to an NOV. Prior enforcement
actions may be considered along with the evidence related to operation and maintenance
and compliance, but should not be an automatic trigger.
If the lagoon/storage pond's storage capacity is less than 12 inches (for structural stability):
O An NOD may be issued in lieu of an NOV if
o There are no prior NOVs or two or fewer NODS for freeboard violations resulting from
events less severe than a 25 year -24 hour storm event in the past three years, and
o Proper reporting of non-compliance as required by the permit, and
o Evidence of effective operation and. maintenance prior to and during the chronic
rainfall period, and
o Submission of Plan of Action (POA) within two calendar days of exceeding the
structural freeboard limit; as required by the permit. The POA shall outline actions
taken or proposed to return waste levels below the designed structural freeboard
within five days of first knowledge of the occurrence.

North Carolina
Beverly Eaves perdue
Governor
CERTIFIED MALL
RETURN RECEIPT REQUESTED
Fox Bay Farris LLC
Attn: Mr. John Hester
8326 Center Rd'.
Butters, North Carolina 28320
TAT
MIMEHIND
Department of Environment and Natural Resources
Division of Water QuaMy
Coleen H. Sullins
Director
February'l4; 2011
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T. 13 04
NOV-2011-PC-0111 / Bim's 201100256- 201100287
Fox Bay Farm LLC Facility No. 09-45, Permit No, AWS090045
Bladen County
Dear Mr. Hester:
Dee Freeman
Secretary
On February 4, 2011, staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS)
inspected the Fox Bay Farm LLC and the permitted waste disposal system. We wish to thank Mr. John Hester who
was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWS090045 Section V 2).
On February 4, 2011 DWQ Staff responded to a complaint and the lagoon/storage pond level was documented at
18.5 inches of freeboard at the front lagoon,and 20.5 inches in the back lagoon. The marker in the front lagoon
appeared to be incorrectly set because the waste level was obviously much higher than indicated. On February 7,
2011 Murphy Brown survey crew surveyed both lagoons and reset the front marker. Murphy Brown documented
that the front lagoon was set 13 inches to high. Based on the information provided by Murphy Brown your lagoon
level in the front lagoon on February 4,'2011 Was actually 5.5 inches. After transferring waste from the front
lagoon to the back lagoon on February 5 and 6, 2011 your lagoon levels in both lagoons were 11 inches.
A level of 19 inches is the maximum level allowed by your permit.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Service: 1-877.623.6748
Internet: www.h20.enr.state.nc.us
Au Equal Opporlunily 1 Alrrmative Action Empbyer
NorthCarolina

Mr. Hester
February 14, 2011
Page 2
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your 5 day Plan of Action (POA) and 30 day POA dated
February 8, 2011 and received in the Fayetteville Regional Office on February 8, 2011. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section (V 2) of your permit.
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No.
AWS090045 Section 13 c).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items 1,3 and 4on or before March 31, 2011. Item 2 within 60 days of receipt of this NOV.
1. - Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from the
time you took over operation to the present along with a copy of your CAWMP .If you have prior records
please include them for March 1, 2010 to October 1, 2010.
2. This is the second NOV for this facility in a three year period you are now required to obtain a review of
your waste Management Plane by a Technical Specialist. This review must include a plan of action to
renovate your spray fields to prevent noncompliance. This review must be submitted to the Fayetteville
Regional Office in writing within 60 days of receipt of this NOV, The review must contain any corrective
action taken or proposed to be taken to improve the facility's compliance
3. An explanation from the OIC for this farm regarding how this violation occurred.
4. A'list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before March 10, 2011
and to provide a written response to this Notice by March 31, 2011. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.

Mr. Hester
February 14, 2011
Page 3
Please note that assessment of civil penalties may have -already -been recommended for violations described within
this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result iii
the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water 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.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
1Ston ephe Barn ardt
Envirental Program Supervisor
cc: Keith Larick CAFO Unit
Kraig Westerbeek- Murphy Brown
Danny Edwards FRO S&WC

RECEIVED
North Carolina Division of Water Quality
Aquifer Protection Section MSR Z 9 2011
ATTN: Stephen Barnhardt
225 Green Street, Suite 714 DEfVR-FAYEfTEVILLEREGIONALOFFfCE
Fayetteville, North Carolina 28301
Dear Mr. Barnhardt,
This letter is part of the corrective action I have taking in regards to the violation that
occurred on my farm. We did not move the lagoon marker in lagoon 1 and we had no
idea it had been moved until Mr. Guyton came to the farm on February 4, 2011. I'm sure
you can imagine how upset we were when we realized we only had 6.6 inches of
freeboard. We immediately started transferring waste water from lagoon 1 to lagoon 2 so
that we had 11 inches in each lagoon. We then hired Triple S Farms February 11, 2011 to
use an aerway system to apply the waste to our fields so that we were in compliance and
had extra freeboard levels in both lagoons. Since then we have been in compliance and
monitor the lagoon levels daily. We have met with Becky Spearman, Dean Morris and
Rick Morris to review our waste management plan. We have sprayed Roundup on fields
4, 10 and 11 and plan to do a controlled burn the beginning of April. We will continue to
do everything that we possibly can to ensure our lagoons and farm continue to stay in
compliance with all rules and regulations.
Sincerely,
John C. Hester
Fox Bay Farm, LLC
Facility No. 09-45

North Carolina Cooperative Extension Service
College of Agriculture and Life Sciences
Bladen County Center
PA. Box 249
450 Smith Circle Drive
Elizabethtown, NC 28337
Phone: [phone]
Fax: [phone]
March 11, 2011
Stephen Barnhardt
Environmental Program Supervisor
Aquifer Protection Section
225 Green St, Ste. 714
Fayetteville, NC 28301
Dear Mr. Barnhardt:
This letter is in reference to Fox Bay Farm LLC's Notice of Violation/Notice of Intent. Dean
Morris, Bladen Soil and Water Conservation District and Becky Spearman, Extension Livestock
Agent, visited with Mr. John Hester on March 2nd to review his waste pian and sprayfields. Rick
Morris, NCDA regional agronomist and I visited on March I Ith to look at the fields to burn. Below
are recommendations from our visits. We plan to visit the farm in May to observe the bermuda
fields while. growing and make more recommendations.
Below are the recommendations for each field. It is very important to remove the winter overseed
in a timely manner so the Bermuda grass can green up. They have contacted someone to harvest the
overseed in late March or early April.
The fescue fields need to be reestablished this fall with KY 31 tall fescue. We recommend using a
no -till drill or to broadcast from September 1 to October 31. Seeding rates are 15-20 lbs/acre for
broadcast or 10-15 lbs/acre for drilling, however we recommend increasing the seeding rate to 20-
25 lbs/acre for both methods to increase stand establishment, Seeding depth is critical and should
be planted r/4 - % inch deep. Use herbicide treatment this May to control summer weeds. Use
glyphosate one to two weeks prior to establishing. The fescue fields need to be monitored yearly
and allowed to either seed out or reseed areas when the stand becomes weaker.
Herbicide control is a critical area that needs to be addressed. A summer broadleaf herbicide needs
to be applied to the bermuda fields in May or early June to control pigweed, dogfennel and other
warm season weeds. Controlling weeds and decreasing thatch buildup from bushhogging weeds
must be managed. The weeds and thatch will hurt Bermuda stands,
For fields 4, 10 and 11, thatch needs to be removed. Use glyphosate at 1 quart to the acre now to
kill ryegrass and then burn the field when weather conditions allow. Observe weather conditions
prior to the burn and consider burning later in the afternoon when the wind dies down. Disc 15'
around the edges of the fields as a fire break and contact the fire department about the burn and see
if they could come out or be on stand by. These fields will be observed in May to determine what
areas need to be filled in with sprigs from other areas of the farm.
North Carolina State University and North Carotins A&T University commit themselves to positive action to secure equal opportunity regardless of race, color,
creed, national origin, religion, sex, age, veteran status or disability, In addition, the two Universities welcome all persons without regard to sexual orientation.
North Carolina State University, North Carolina A&T University, U.S. Department of Agriculture, and locale governments cooperating.

Some whole farm recommendations are to pump when weather conditions are good year round.
Maintain lagoon freeboard near the stop pump when able. They can pump 8" below stop pump in
the summer to allow extra storage during the rainy season.
Sincerely,
Becky Spearman
Extension Agent
Livestock
cc: Steve Guyton
Dean Morris
Rick Morris
John Hester
Field 9 -- bermuda field with overseed. Overseed looks good, but need to remove in a timely
manner. The crop should be harvested in April and they plan on lining up someone to cut and bale
the hay. There is a hole in the middle.of the field which should be filled in with topsoil and
sprigged this spring.
Fields 5, 12, 4A, and 11 — Fescue. These fields need to be reestablished in the fall. Fill in low
areas to reduce ponding and drainage issues. Field i 1 should be burned now to remove thatch.
Field 3 — bermuda field with overseed. Visit in May to observe this field and determine if the field
needs to be reestablished next spring. Harvest overseed crop in a timely manner this April.
Field 4 — bermuda field with overseed. Recommend burning now to remove thatch.
4A — Fescue. Field needs to be reestablished in the fall. The field should be bulldozed to even out
the field before reestablishment.
Field 6 — bermuda with overseed. Fill in areas with bermuda sprigs from field 1 I this spring.
Field 10 — bermuda with overseed that has not been pumped on. Recommend burning now to
remove thatch. Review field in May.
Field 8 -- bermuda with overseed. Field looks good. Harvest overseed crop in a timely manner this
April.
2

SENDER: COMPLETE THIS SECTION OIV DELIVfRY
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1 ARide Addressed to f - DF lsdsliv* ad�iess cC�eM iron Stem 1? "0 Yes .
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FOX BAY FARM LLC
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63/24/00 20:19 FAX Elden Heuer 002
March 24, 2000
Dear Mr. Rawls,
On February 22, 2000, Jeffery Brown, from the Fayetteville Regional Office of the
Division of Water Quality, inspected our facility and found that our lagoon levels were
higher than permitted. In addition, Mr. Brown observed that we were irrigating and with
closer inspection, noticed that some ponding had occurred in the spray field. Then Mr.
Brown and I noticed a small amount of waste water was draining into the grassy waterway
that intersects this spray field. I immediately stopped pumping and Mr. Brown inspected
the ditch for possible runoff. Several samples were taken and A4r. Brown explained that it
did not appear that the waste water had left my property. The waste water had ponded in
a ditch approadately 100 feet from the spray field. By my assessment, approximately 200
gallons had drained from the spray field and Mr_ Brown suggested pumping the waste
water out of the ditch into the woods. After b4r. Brown left, my son and I immediately
pumped waste water and ditch water for approximately 1 1/2 hours into the wooded area
on my property to ensure all contained water was out of the ditch. This ditch runs
through my brother's property into the Marsh Swamp, not into the NO Swamp. There
was no visible indication of movement of water in the ditch through the wooded area onto
the adjacent property.
In spraying this field, it is necessary to puff the guncart across the grassed waterway, but
waste water is and was not sprayed directly into the grassed waterway. My son and I did
everything possible to ensure waste water would not drain into the waterway including
lowering pressure and turning the spray nozzle so that there would not be any runoff. We
were also unaware that ponding would occur because the spray field showed no signs of
saturation.
We feel that to property ensure that we will never again have an incident like this to
occur, we have decided to install underground file in the grassed waterway in question.
As we near this hurricane season, we plan to have our lagoons at or below our stop
pumping level to be better prepared for the Fall and Winter seasons of 2000. Beginning
with hurricane season of 1999 through the Winter of 2000, our state has been declared a
National Disaster twice. Even though we thought we were prepared enough, no one
expected the rainfall/snowfall totals we received_

03/24/00 20:19 FAX Elden Hester [a 03
I understand that we made a mistake in underestimating the possibility ofrunofl� but we
did everything possible to eamxI this problem. I request that you not proceed with
recommendations for enforcement but understand that we have done and will continue to
do everything to maintain our farm in compliance with state regulations.
Smcer*,
Elden G_ Hester
cc- Steve Lewis - DWQ Central Office, Raleigh
Howard Hobson - Carroll's Foods, Inc_
Sam Warren - Bladen County MRCS

t-�X�
Ai N .
e. =�®ENR
`?JAMES'B HUNT JR C
'_1{r.:
_a ILL'HOL.MAN
-� NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 14, 2000
Elden Hester
8326 Center Road
Bladenboro, NC 28320
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090045
Elden Hester Farm
Facility No. 09 - 45
Bladen County
Dear Mr. Hester:
You are hereby. notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On February 22, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Elden Hester swine facility in Bladen
County. It was observed that the facility was irrigating and wastewater was
ponding and observed leaving the spray field. Wastewater was also observed in a
grassed waterway. There was evidence to indicate that the gun cart had been pulled
out across the waterway, which contained a continuous flow of water and allowed
to spray waste directly in the waterway. Animal waste flowed via the waterway
and ultimately discharge into Mill Swamp which is Class "C SW" waters. Both
lagoons were also observed to be in the emergency storage level (12 inches and 18
inches).
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a
suitable waste application field as soon as weather permits and per the CAWMP.
rRsk,
2 Q 1 0%
225 GREEN STREET, SUITE 714 1 SYSTEL HLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-4B6.1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Elden Hester Farm
March 14, 2000
2. Provide a detailed explanation as to why wastewater was allowed to leave the waste management
system and what steps have been taken to prevent incidents of this nature from occurring in the
future.
3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility,
which are not in compliance with the CAWMP and the General Permit.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.I for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before March 24, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for his consideration.

3
Page 3
Elden Hester Farm
March 14, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at (910) 4$6-1541.
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Howard Hobson - Carroll's Foods, Inc.
Regional Water Quality Supervisor

817 Castle Hayne Street Fayetteville, NC 28307 Phone [phone]
CHAIN OF CUSTODY RECORD
Fax [phone]w
PAGE r OF I
Comments or Special Hazards:
Pan
PROJECTILOCATION:
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CODE: A= <44C ONLY
B = HNO3 (ph -c2) + <40C
C = H2SO4 (ph<2) + <4'C
D o NaOH + <4*C
E = ZN Acetate + <4`C
F =
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TYPE
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Comments or Special Hazards:

W Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / (910) 864--8774 (FAX)
http://www.nticrobac-com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DW4
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Upstream - ID #OOWU21228
2. Downsteam - ID #OOWD21229
3. Source - ID ##OOWE21230
4. Downsteam #2 - ID #OOWD21231
DATE RECD: 02/22/00 SAMPLED: 02/22/00
SAMPLED BY: J. Brown
DELIVERED BY: R. Revels
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Elden Hester Farm
DATA REVIEWED BY:
DATE REPORTED: 03/15/00
++++*+*}}*+*}++***4+*+i+4++++i}++i++i}*+*i+++++*****+}*+++++*+i+}}#+}+ii+i++++++++
ANALYSIS bWTHOD 1 2
BOD (mg/L) EPA 405.1 2.06 9.65
COLIFORM, FECAL (per 100 ml) SM18 9222D <9 2200
NITRATE (mg/L) EPA 353.3 <1.0 1.53
+}***+***+***}***}#*}#+}+*****}i**iii*#i*}ii#i+}}}}}**;i******i+****iii}i}}*******
ANALYSIS WTHOD 3 4
BOD (mg/ L)
COLIFORM, FECAL (per 100 ml)
NITRATE (mg/L)
CCINWENTS: < = Less than
> = Greater than
EPA 405.1
SM18 9222D
EPA 353.3
PAGE 1 OF 1
270
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The data and other iniormabon contained on this, and other accompanying documents, represent only the M E M iB E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or In part for
advertising or other purposes without written approval from the laboratory.
USDA -EPA -NIOSH Testing Food Sanitation Consuhing Chemical and Microbiological Analyses and Research

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
'JAME8IB. HUrgTJR. r Division of Water Quality
•,:;
_S aGOVERNOR
March 28, 2000
"r �Bli.i`•HOLMAN" �'MEMORANDUM
I: '
�'SECFtETARY "
TO: Steve Lewis
„ xDERR
C-rTy.O'5RTEVE - Non -Discharge Compliance Group
FROM: Jeffery Brown
L�4 Ea
4 Environmental
Ent!eFRO
SUBJECT: Enforcement Package
Elden Hester
Facility No. 09 - 45
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter. If you have any further
questions or need clarification on any of the details please contact me.
JB
Attachment
225 GREEN STREET, SUITE 714 / SYSTEL SLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

I Fast Track Freeboard NOV Checklist I
Date a - ,29 -L
Time
Onsite Res
Facility Name,
Facility Location
Name of Owner
Address of Owner
Name of Cert. Operator (�• jc; {� �—
Integrator
Type of Facility (sow, feeder to finish, etc.) �n; S 1 ,
Number of animals onsite
Number of animals certified for
Freeboard level j,,2 `� �� �r
Notes:
i d'e
('.="-X
I`2t.:t ,26-c: o �c If�-]r nQ
J`✓`, ' rte �e ��fy 4� 4\ 0e9 / a • .--r• J k'S 4i c4t.
rrra 4�: i1 � � 3� i� � � (v � • �
Inspectors signature
Date --
V %%• J-5

Facility Number Date of Inspection-pD
Time of Inspection ; J 24 hr. (hh:mm)
Permitted 0 Certified © Conditionally Certified 0 Registered [3 Not Operational I Date Last Operated: ..........
Farm Name: Gldew K�S� County: ..............tiL1L.�iEC�.�1t%....c!.....I.........._..I..........
................................................_..............................................
Owner Name:.............. E_UatJ............... t-[z.S'f� Phone No: �%� '.. 6. ........................... � I........_........
................................. ......._...
Facility Contact : ................. I............................................................ Title:
Mailing Address:............P.:3R.6....... 1,-t".f'!#......
Onsite Representative:...............alw........... „ +G+r-
�I /�
Certified Operator:...........
.....0juerd.............�... -/-5.1kf.................... ..... ......... ..........
Location of Farm:
.................... Phone No: .......................................... .........
F ladl�N,....0..............a �3a. D
........ ..................
Integrator: ew ,S _
Operator Certification Number:
r';
............................... ..................................................... ........................ ..... ...... .... .....
Latitude 0 �° �•� Longitude
Design` . .Current Design Current' Design ; ';Current -
Swine Ca achy Po` ulation Poultry Ca achy Po ulation Cattle Ca aei ` '° Po uhitiod
= ❑ Wean to Feeder ❑ Layer ❑ Dairy
Feeder to Finish (, D ❑ Non -Layer ❑ Non -Dairy
Farrow to Wean "
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish
Total Design Capacity::.: p
❑ Gilts
❑ Boars Total SSLWw• ';
Number of Lagoons' ❑ Subsurface Drains Present 10 Lagoon Area ID Spray Field Area
Holding Ponds/Solid Trir;s-j 10 No Liquid Waste Management System a 3
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? J0 Yes ❑ No
Discharge originated at: ❑ Lagoon Wspray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes [(No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) f� Yes ❑ No
e. If discharge is observed, what is the estimated flow in gaUrnin? %
d. Does discharge bypass a lagoon system? (If ycs, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3_ Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment x
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Yes ❑ No
Structure 1 Structure ? Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
r1
Freeboard(inches): A. Ar....... ........ ........................ .............................. ............................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
3123/99 Continued on back

s 1.
)Pacility'iumber: Date of Inspection
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
Waste Api2lication
10. Are there any buffers that need main ten ancelimprovement?
❑ Yes
❑ No
11. is there evidence of over application? [Excessive Ponding ❑ PAN
I�
Yes
IK
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Reuuired Records & Document4
17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No
20- is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
2i. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No
21 Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes (gNo
24. Does facility require a follow-up visit by same agency? El Yes �❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
No •yiolatiotis'or deficiencies •were noted• ilix�ing (his:visit. • Y:oit will -t. &6ye tid Ifut�ther
: correso oridence' about: this :visit` : :. : : :
Comments (refer to question #) " Explain any YES answers and/or aniy recominendatrons or any other`codimenfs
Use drawings of facility to.better explaiwsttuatious- use addtho al'pagesias necessary} � 3 } � { �� �
_ .w w
• .Si e, %/$'5 vn Cke TscJ`ioerl+llJ , lk 4� as ,-frtykn Q -b-k ' �
0•� Si i'e d iSJ�"' t�s � n6.5��rrvP� �bn�r !h �t S Y•�c�i� W
w v;a a V. �f�V"I/ P was R a
A;, (;4w c,4
Reviewer/Inspector Name
Reviewer/Inspector Signature: �`�,�,, Date:

r �
Facility Number: 0?_— 415Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of 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
- itiona : -omments'an or; raw�n s: ,€
- g r
Via tt� lnit rt wrnvL..,.; OAe.,m S�-"
`
d
-� ti G 5 TSC: 2-vL RS 1 l�t14,1
Cur`" cm 5"�P-n, R �N o� ��Ti�s1.7 -/Z:'1�m 145x"
�� s.
�
A4 .dam h; 4J C" 1;" vJ „"
Xd - D - 7&- R
11 L
a, c�-t�

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
Mr. Elden Hester
Elden Hester Farm
8326 Center Road
Bladenboro NC 28320
SUBJECT
Dear Mr. Hester_
Y1.9;V'A
D E N R
May 25, 2000 RECEIVED
J UAV 7 2000
FAYETTEVILLE
REG. OFFICE
Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215
Elden Hester Farm
Bladen County
File No. DV 00-027
Permit No. AWS 090045
This letter transmits notice of a civil penalty assessed against Elden Hester Farm in the amount of
$7656.00, including $656.00 in enforcement costs. y
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be
the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverform). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Ms. Linda Forehand
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. i (b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Linda Forehand
DENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
Registered Agent
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations which occur after the review period of this
assessment.
If you have any questions, please contact Linda Forehand at [phone], extension 526.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regi'final°SupeFvisor--w/--attac-hmeuts
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
COUNTY OF BLADEN NATURAL RESOURCES
IN THE MATTER OF } File No. DV 00-027
ELDEN HESTER )
FOR MAKING AN OUTLET TO THE ) FINDINGS AND DECISION
WATERS OF THE STATE OF ) AND ASSESSMENT OF
NORTH CAROLINA ) CIVIL PENALTIES
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
I. FINDINGS OF FACT:
A. Elden Hester owns and operates Elden Hester Farm, a swine animal operation
located along SR 1126 in Bladen County.
B. Elden Hester was issued Animal Waste Permit No. AWS090045 on June 26, 1998
effective 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.
C. On February 22, 2000, DWQ staff observed a discharge of wastewater by Elden
Hester Farm from the sprayfield via a vegetated waterway which flowed to Mill
Swamp, Class C SW within the Lumber River Basin.
D. Elden Hester had no valid permit for the above-described discharge.
E. Condition No. 111. 6. f. of the "Monitoring and Reporting Requirements" of the
Animal Waste Permit No. AWS090045 requires that the permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more
than 24 hours following first knowledge of the occurrence of overapplying animal
waste where runoff enters surface waters.
F. Elden Hester failed to notify the Fayetteville Regional DWQ office of the discharge
of wastewater.
G. The Certified Animal Waste Management Plan (CAWMP) for Elden Hester Farm
requires that in no instance shall the volume of the waste being stored in the lagoon
be within 1.7 feet, or twenty and four/tenths (20.4) inches, of the top of the dike.
H. On February 22, 2000, DWQ staff observed that the waste level of two lagoons at
the Elden Hester Farm were twelve (12) inches and eighteen (18) inches which
exceeded the level specified in the CAWMP.
1 of 4

File No. DV 00-027
Elden Hester Farm
Condition No. M. 6. e. of the "Monitoring and Reporting Requirements" of the
Animal Waste Permit No. AWS090045 requires that the permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more
than 24 hours following first knowledge of failure to maintain storage capacity in a
lagoon/storage greater than or equal to the maximum required in the CAWMP.
J. Elden Hester failed to notify the Fayetteville Regional DWQ office of failure to
maintain storage capacity in a lagoon/storage greater than or equal to the maximum
required in the CAWMP.
K. The cost to the State of the enforcement procedures in this matter totaled $656.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Elden Hester is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. Animal Waste Permit No. AWS090045 is required by G.S. 143-215. L
C. Mill Swamp constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).
D. The above-cited discharge constitutes making an outlet of 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.
E. The above-cited failure to report by telephone to the appropriate Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of overapplying animal waste where runoff enters surface waters
constitutes a violation of Condition No. III. 6. f. of the Animal Waste Permit No.
AWS090045.
F. Elden Hester violated Condition No. V. 3. of Animal Waste Permit No AWS090045
by failing to maintain the liquid level in the lagoon at the level specified in the
CAWMP.
G. The above-cited failure to report by telephone to the appropriate Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of failure to maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No. V. 3 violated Condition No. 111. 6. e.
of Animal Waste Permit No. AWS090045.
2of4

File No_ DV 00-027
Elden Hester Farm
H. Elden Hester may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S 143-215 or who violates or fails to
act in accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
I. The State's enforcement costs in this matter may be assessed against Eiden Hester
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
J. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the authority
to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, OWNER 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 on February 22, 2000.
$ , Oo o . p n for violating Condition No. III 6.f. of Animal Waste Permit
No. AWS090045 by failure to notify DWQ of a discharge
within 24 hours.
So o , o o _ for violating Condition No. V. 3. of Animal Waste Permit No.
AWS090045 by failing to maintain the liquid level in the
lagoon at the level specified in the CAWMP.
$ soo • pca for violating Condition No. 111. 6. e. of Animal Waste Permit
No. AWS090045 by failing to report by telephone to the
appropriate Regional Office as soon as possible, but in no case
more than 24 hours following first knowledge of the
occurrence of failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in
the CAWMP.
$_ :I a o 0 0 . o o TOTAL CIVIL PENALTY, which is 0. percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 656.00 Enforcement costs
$-'1) 49 5(... no TOTAL AMOUNT DUE
3 of 4

File No. DV 00-027
Eiden Hester Farm
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
s-:�S-oc 11 .
(Date) Kerr T. Stevens, Director
Division of Water Quality
4of4

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

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
MR. ELDEN HESTER
ELDEN HESTER FARM
8326 CENTER RD.
BLAENBORO, NC 28320-9298
Dear Mr. Hester:
A&4
D E N R
August 2, 2000 RECEIVM
AUG 7 2000
FAY"17EV LE
REG. OFF=IuE
SUBJECT: Acknowledgment Receipt Letter
Elden Hester Farm
Permit No. AWS090045
File No DV 00-027
Bladen County
This letter is to acknowledge receipt of your check No. 1472 in the amount
$7,656.00 received from the Elden Hester Farm on August 2, 2000.
This payment satisfies in full the civil assessment in the amount of $7,656.00
levied against the Elden Hetser Farm and this case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
If you have any questions please call Joe Albiston at [phone] extension
581.
Sincerely,
Joe �Iin
Non -Discharge Compliance/Enforcement Unit
LF/sr
cc: Fayetteville Regional Office
Enforcement/Compliance Files DV 00-027
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%, post -consumer paper

I
RECUVZO� � o
3
JUL 2 0 2000
Reply to:
FAQ �E?ILE State of North Carolina Mary�Penm Thompson
MICHAEL F. EASLEY Department of Justice Environmental Division
ATTORNEY GENERAL. P. O. BOX 629 Tel: [phone]
RALEIGH Fax: [phone]
27W2-062qC27W2-062qmthomp u mail jus.state.m.us
MEMORANDUM
TO: Tommy Stevens. Division of Water Quality Director
Paul Rawls, Fayetteville Water Quality Regional Supervisor
Jeffery Brown, Environmental Engineer
Steve Lewis, Environmental Specialist, Non -discharge Compliance Unit.
Sonya Avant, Environmental Engineer, Non -discharge Compliance Unit
FROM: Mary Penny Thompson, Assistant Attorney Genera
DATE: July 18, 2000
RE: Civil Penalty Assessment Appeal by Elden G. Hester,
Bladen County, DV 00-027, 00 EHR 0894
Please note that 1 have been assigned to handle the Civil Penalty Assessment appeal by Elden G.
Hester. This case involves the assessment of $7,000 in penalties and $656.00 in enforcement cost for
violations of the water quality statute and animal waste permit no AW5090045 by discharging waste,
failing to notlA, DWQ. and failing to maintain liquid level of lagoon (freeboard) at facility no. 09-45.
more commonly known as the Elden Hester Farm in Bladen County. I will need to begin preparing our
case as soon as possible. Please review the important dates listed below and provide me with the
requested information by fax (if feasible) as well as a clean copy by mail.
July 26, 2000 Prehearing Statements and Document Constituting Agency Action due to be
filed with OAH. 1 have a copy of the civil penalty assessment document,
assessment factors- letter from Mr. Hester dated 3124100. Fast Track Freeboard
NOV checklist dated 3/24/00. NOV & Notice of Recommendation of
Enforcement dated 3113100; Microbac Certificate of Analysis dated 2/22/00,
DWQ Compliance Inspection report dated 2122100 (2), Microbac Chain of
Custody Record dated 2122100, black and white copies of photos of the
property, Reissuance of Certificate of Coverage dated 6126198, Waste Utilization
Plan dated 2126/96. If there is any additional documentation pertaining to this
file, such as calculations of enforcement costs, please send this documentation
and a list of everyone who participated in the assessment and an_v materials you
feel will be relevant at the hearing by July 21, 2000.
September 25, 2000 Discovery must be sent to Petitioner to give us enough time to receive answers
prior to hearing.
N%

i
Hester Civil Penalty Assessment Appeal Memo
July 18, 2000
Pa<(e 2
Week beginning
November 13, 2000 Hearing set in Fayetteville, NC, with Beryl E. Wade Administrative
Law Judge presiding.
If you have any questions or comments regarding this case, please do not hesitate to call me at
my direct line number: [phone].
cc: Coleen Sullins, Water Quality Section Chief
Joe Albiston, Environment Specialist
Dennis Ramsey, Non -discharge Branch Supervisor
Jeff Poupart, Non -discharge Compliance/Enforcernent Unit Supervisor
EP: 41930/x%,p 6.1

I
kPT_K 8 i PNr SECTION Fax:[phone] Jul 19 'Oct 14:00 F.01
MICNAFT F. FnsI..sY
r.Y'rDFLNEY ofiNZRAL
To:
Fax 9.`:
From:
Subject:
State of North Carolina
Qepartrnerii of ;usilce
P. O. BOX 629
RALEIGH s EC 1 fr-D
276030629 3
Fz-Aux,-
TRANSM*SION 11, 2 4 2000
ENVIRONMENTAL D141ONAL'o. C.
Telephone_ [phone]'.
Fax: [phone]
CONFIDENTIAL - ATTORNTY CUE T PRTN'TLTCF
See List Date: Uuly 19, 2000
Frooramined Pages: i3, including this cover sheet.
Pe--ny Thompson
CPA Appe:t? by E2dei3 G. Hewer
!;laden County DV 00-027, 00 EHR 0894
CCDM IEN f S:
For vour information. if you have any questions, please contAc: me directly. Think you.

l RTER 9 L;'__Nr SK -TICK Fax:[phone] Jul 1S '00 14:01 P.02
1
Reply u);
State of North CarOt�ry Tina Mm -y Penny Thmmmnn
MICHAE, F. RASLEY t7epartrneni of ,fuaticei I:nvironmonW division
AT'T.'bn\'EY GENER'LL F. 0. BOX 62R Tcf: (9f 9) 71"600
RALEIGH F=- (91Y) 7iti�iiQh
mthompfZl�rruil.j ussiain.nc.us
27602<)629
AZEMORAM)UM
TO: Tommy Stevens, Division of Water Quality Direcior
Ppm#-R-am�Esa Fayetteville Water Quality Regional tupervisor
Jeffery Brown, Environmental Engineer
StCvc Lewis, Environmental Specialist, Von-discge Compliance Unit.
Sonya Avant, Environmental Engineer, Non-dis arge Compliance Unit
rROM- Mary Penny Thompson, Assistant Attorney GenC4
DATE: Ttirly IS, 2000
RF: civil Penalty Assessment Appeal by Elden G. lEie#ter,
Bladett Countv, DV 40-4 !7, 00 Eli% 099, :
Please note teat 1 have been assiLmed to handle the Civil Ptnalty ��ssessment appeal by Elden G.
Hester. Th_s case involves the assessment of 57,000 itt peraliizs a 5656.00 in enforcement cost for
vialatiorrs of the water quslit)• statute acid animal waste permit no 1'.W5090045 by discharging ~Waste,
failing to notify DWQ. and failing to maintain liquid level of laLocba (freeboard) at facility no. 09-45.
more commonly kn .awn as the Flden Hester Farm in Bladen Count. F will need to begin Preparing our
cr.sc ay sco.,7 as possi'�)le. Please review the important dates listed l Blow and provide me xith the
recluesied information by *ax (if feasible) as well a5 a clean copy by mail_
July 26. 2000 Prehearing Statements and Document G�asiituting Agency Action due to be
led with OAH. I have a copy of the civil penaltyassessment document,
a secsmtnt faerors, letter from Mr. Hesteriiated vi24!00, Fast Track Freeboard
\OV checklist dated 3r-4,100, NOV &: Nakice of Recommendation of
;=n oruernentdated 3113100, Microbac Cettificate of Analysis dated 2/2214'00,
M Q Compliarce Inspection report datedl2!__/00 (2), Viicrobac Chain oT
C�.rstodv Record dated 2122:00, black and white copies of photos of thv
property, Reissuarue of CeltifiCSte of C:ovint;e dated 6126'93, Waste Uii'ization
Plan dated 2/26/96. lfthere is azo' a.dditioal doeu�nentation pertaining to this
file, such as calculations of enforcemcnc c sus, pie:Lcc send this documentation
and a list of everyone ivho pa iticipated into assessment and any maierizls you
fee' will be relevant at the hearing by Julyt 1, 2000.
September 25. 2000 Discovery mast be sent to Petitioner to g+ us enough time to receive answers
prior to h�;,arinr.
M

1,RTER ° ! .PNE �_CTTCh' Fax ? -�1F- ,fC Jul 1S 'CO 14:01 F. p13
Mester Civil Penalty Assessment Appcai -M&-mo
Jul• 18. /2000
Page 2
Week heginniao,
November 13, 2000 Hearing set in Fayetteville, NC, lith Bervl F. Wade Administrativc
Law Jude presiding_
If you have any questions or comments regarding this casq, please do not hesitate to call me at
my direct :ine numbc.: [phone].
cc: Coleen Sullins, � ater Quality Section Chief
Joe Albis.on. Environment Specialist
Dermis R=sev, Non -discharge Branch Supervisor i
Jeff Non-c?;scliarge Conplia,..ice/L-rfJrcenlent LJiit Supervisor
r_P: 4 S-)3O"Al„ /,. ]

WATER LAND SECTION Fax:[phone] Jul 19 '00 .01
11 ftr
State of North Carolina
MICHAEL F. EASLEY Department of Justice'
A=MNEY GENERAL P. O. BOX 629
RALEIGH
2760}0629
FAx TRAM \ fV
ENVIRONMENTAL DIVI ION
Telephone: [phone]
Fax: [phone]
n!.
To: See List Date: iJuly 19, 2000'
Fax #: Progianuned Pages: 13, rpc u
cover sheet_
ag
From: Mary Penny Thompson
Subject: CPA Appeal by Elden G. Hester
Bladen County DV 00-02'7,'00 EHR 0894
w&
COMMENTS:
For your information- If you have any questions, *ase con me directly.. Thank. you.
%
a 9
RECEI v ED
rJUL 19 2000
FAYETTEVILLE
R E 0 - (fir; It;�.
Pr "1'._ -
F;

WATER & LAND SECTION Fax:[phone]
E
Jul 19 '00 13:57 P.02
State of North Car lana , �lylo;
g _ lry:l'Cm,Y..Thompson
1•t C+LAEL F. EA--I-FLY Department of Justice• i %avu0namtal Division
ATroRNZY caN,F►L P. O. BOX 629 Ta- [phone]
RALEIGH Fux: [phone]
mllwmpQmudl.j us.slxtt_nc. a;
27602-0629 i =
MEMORANDUM
TO: Timmy Stevens, Division of Water Quality Direcr k
Paul Rawls, Fayetteville Water Quality Regionaltupervjqor
Jeffery Brown, Environmental Engineerte'"m
Steve Lewis. Environmental Specialist, Non -disc a c6fiplia l<Jnit.
w'.! 1F
Sonya. Avant, Environmental Engineer! Non-discge Compltaneelbnit
r
FROM: Mary Penny Thompson, Assistant Attorney Genet#
DATE: July 18, 2000 -
.i
HE: Civil Penalry Assessment Appeal.by Elden G.Heuer,
Bladen, Cnunty, DV 00-027, 00 ERR 0894
Please note that t have been assigned to handle the CivilP alty Assessient appeal by Elden G.
Nester. This case involves the assessment of $7,000 in penalties $656.00 in enfoiccmcm cost for
violations of the water duality statute and annual waste permit no W5090045 by discharging waste,
failing to notify DWQ, and failing to maintain liquid level of lag (freeboard).; ility;no. 09-45,
more commonly known as the Elden Hestcr Farm in Bladen Coun . I wi11 need `begin preparing our
case as soon as possible. Please review the important dates listed t elow and provide me with the
requested information by fax (if feasible) as well as a clean copy b mail_
~t0 ..x<
1
.Duly 26, 2000 Prehearing Statements and Document
nstituting Agency Action due to be
filed with OA14. I have a copy of the civi penalty assessment document,
assessment factor,, letter from Mr. Hester
ted 3&260 Fi t "Track Freeboard
NOV checklist dated 3/24/00, NOV & N
-ice of Recommendation of
Enforcement dated 3113/00, Microbae Ce
'ficate of Analysis dated 2122100,
DWQ Compliance Inspection report dawd
2/00 2), Microbac Chain of
Custody Record dated 2122/04, black andbite
copies of -photos of the
property, Reissuanee of Certificate of Cov rage dated 6/26/98, Waste Utilisation
Plan dated 2126196. if there is any additio
R, '?
I documentalron pertaining to this
file, such as calculations of enforcement c4
sts, please senthis documentation
and a list of everyone who participated in i
ie assessment and any materials you
will be relevant at the hearing by July
000Sefeel
1, 2000,1,--
September
ptember 25, 2000 Discovery must be sent to Petitioner to gi+ us enough time to mccive answers
prior to hearing.

WATER 9 LAND SECTION E= ax :919-716-6766 Jul 19 '00 1358 P.03
e
Hester Civil Penalty Assessment Appeal Memo
July 1 K. 2000
:z
Page 2
i
Week beginning
November 13, 2000 Hearing set in Fayetteville, NC, �ith Beryl E. Wade Administrative
Law Judge presiding-".:
If you have any questions or comments regarding this casplease do not hesitate to call me at
my direct line number: [phone].
cc. Coleen Sullins, Water Quality Section Chief i
Joe Alhiston, Fnvironment Specialist
Dennis Ramsey, Non -discharge Branch Supervisor
Jeff Poupart. Non -discharge Compliance/Enforcement Ut Supervisor M
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QFWATF
/9 Beverly Eaves Perdue
Q� pG Governor
6\r Dee Freeman
Secretary
Y North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
10/14/2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Harold Allen
4047 Marsh Rd
Bladenboro, NC 28320
Subject: Request to Schedule Inspection
Eldon Hester Farm
Facility No. 09-45
Bladen County
Permit No. AWS090045
Dear Mr. Allen,
The Division of Water Quality is required to inspect all permitted Animal Feeding Operations
every year, including yours. After several unreturned phone calls, I am writing to request a time
and date for inspection within the next three weeks. The day should be from Monday and Friday
and time between 9 AM and 4 PM. We occasionally do "after hours" inspections, by mutual
agreement, to accommodate work schedules. Please provide one preferred one appointment
date and time plus two alternate dates and times. Also please verify your contact phone
numbers.
In addition, I am enclosing an Operator in Charge (OIC) form, which needs to be filled out and
returned to the Raleigh address on the form as soon as possible. While you are listed as a legal
Animal Waste Operator in general, you need to be specifically listed for your farm.
Please contact me or leave word on my voice mail any time of the day or night with the
inspection dates at [phone], or you can write back to the Fayetteville address. If you
have questions about OICs please contact the Raleigh office directly.

A�A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 9, 2010
CERTIFIED MAIL 7002 2410 0003 0273 8766
RETURN RECEIPT REQUESTED
Mr. Harold B. Allen
Elden Hester Farm
4047 Marsh Road
Bladenboro, NC 28320
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 09-45
Bladen County
File No. DV-2010-0057
Permit No. AWS090045
Dear Mr. Allen:
This letter transmits notice of a civil penalty assessed against Harold B. Allen in the amount of
$9,204.04, which includes $2,704.04 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-
J. R. Josh]
DWQ

Page 2
Harold B. Allen
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-282.1(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:
J. R. Joshi
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:

Page 3
Harold B. Allen
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:
J. R. Joshi
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 J. R. Joshi at [phone].
Sincerely,
eodore L. ush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
HAROLD B. ALLEN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF NORTH
CAROLINA WITHOUT A PERMIT AND
VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2010-0057
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, Theodore L. Bush Jr., Chief of the
Aquifer Protection Section of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Harold B. Allen leases and operates Elden Hester Farm, a swine operation located along
8361 Center Road in Bladensboro, in Bladen County.
B. Harold. B. Allen was issued Certificate of Coverage (COC) No. AWS090045 under
General Permit AWG100000 for the Elden Hester Farm on October 1, 2009, effective
October 1, 2009, with an expiration date of September 30, 2014. This permit does not
allow the discharge of waste to.waters of the State.
C. Condition No. I.1 of the General Permit AWG100000 states that waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and
direct discharge or through ditches, terraces, or grassed waterways not otherwise
classified as state waters.
D. Condition No. III.2. a of the General Permit AWG100000 requires that the Permittee
monitor and record freeboard levels weekly on forms supplied by or approved by the
Division.
E. Condition No. IH.13. a of the General Permit AWG100000 requires that the Permittee
shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than 24 hours following first knowledge of the occurrence of any
riicrharaa to rlitrm-c ciirfacP wnterc nr wetlands_

G. Condition V.2 of the General Permit AWG100000 requires properly maintained waste
levels in lagoon/storage ponds in accordance with the facility's Certified Animal Waste
Management Plan (CAWMP). The CAWMP for the Elden Hester Farm requires a level
of nineteen (19) inches.
H. On January 29, 2010, DWQ staff observed a discharge of wastewater at the Elden Hester
Farm from a sprayfield to Moccasin Branch, which are Class C waters of the State within
the Lumber River Basin. DWQ staff responded to a complaint and found waste flowing
from a waterway in a spray application field into a ditch. Waste had been applied and was
still being applied to saturated soils that caused excessive ponding and runoff. The waste
flowed into a neighbor's pond and into Moccasin Branch. DWQ staff observed that the
freeboard level in the lagoon was ten (10) inches. A survey of the staff gauge on February
1, 2010 showed that the level was fourteen (14) inches. Records on -site indicated that the
freeboard level had not been recorded since December 24, 2009.
I. Harold B. Allen had no valid permit for the above -described activity.
On February 17, 2010 the Division issued a Notice of Violation (NOV)/Notice of Intent
(NOI) to Harold B. Allen identifying .violations of N.C.G.S. 143-215.1 and COC No.
AWS090045.
K. The NOV/ NOI was sent by certified mail, return receipt requested and received on
March 15, 2010.
L. On April 12, 2010, a second NOV/NOI letter was issued to Harold B. Allen for violations
of N.C.G.S. 143-215.1 and COC No.AWS090045.
M. The Notice was sent by Certified Mail, Return Receipt Requested and as of June 14,
2010 DWQ's Fayetteville Regional Office has not received a response to the second
NOV/NOI.
N. The cost to the State of the enforcement procedures in this matter totaled $2,704.04.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Harold B. Allen is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. Moccasin Branch constitutes waters of the State within the meaning of G.S. 143- 215.1
pursuant to G.S. 143-212(6).

E. Harold B. Allen violated Condition No. III.2.a of the General Permit AWG100000 by
failing to record freeboard levels weekly from December 24, 2009 to January 29, 2010.
F. Harold B. Allen violated Condition No. 111.13. a of the General Permit AWG100000
requires that the Permittee shall report by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of any discharge to ditches, surface waters or wetlands.
G. Harold B. Allen violated Condition No. III.13.c of the General Permit AWG100000 by
failing to report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the occurrence
of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in V.2 of the General Permit AWG100000.
H. Harold B. Allen violated Condition No. V. 2 of the General Permit AWG100000 by
failing to properly maintain waste levels in lagoon/storage ponds in accordance with the
facility's CAWMP.
I. Harold B. Allen may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A (a) (2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1.
General Statute 143-215.3(a) (9) and G.S. 143B-282.1(b) (8) provides that the reasonable
costs of any investigation, inspection or monitoring survey may be assessed against a
person who violates any regulations, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or conditions of any
permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued
pursuant to N.C.G.S.143-215.2.
K. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
Accordingly, Harold B. Allen is hereby assessed a civil penalty of:
o p
$ 4� 000
for making an outlet to the waters of the State in violation of
Condition I.1 of General Permit AWG 100000.
$ D !i
for violating Condition No. HI.2.a of the General Permit
AWG100000 by failing to monitor and record freeboard levels.
for violating Condition No. III.13.a of the General Permit
AWG100000 by failure to report by telephone to the appropriate
Regional Office -as soon as possible, but in no case more than 24
hours following first knowledge of failure to apply waste at
rates where runoff enters ditches, surface waters or wetlands.
p G
for violating Condition No. III.13.c of the General Permit
AWG100000 by failing to report by telephone to the appropriate
Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of failure to maintain waste
levels in lagoon/storage pond in accordance with the facilities
CAWMP.
p o�
for violating Condition No. V.2 of the General Permit
AWG100000 by failing to maintain waste levels in
lagoon/storage pond in accordance with the facilities CAWMP.
� o�
$
TOTAL CIVIL PENALTY
$ 2,704.04 _ Investigation costs assessed
$ !3 ;-2 P y, f7 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0057 County: Bladen
Assessed Party: Harold B. Allen
Permit No. (if applicable): AWS090045 Amount Assessed: $ 9,204.04
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Rijzht 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.IN
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).

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
HAROLD B. ALLEN ) STIPULATION OF FACTS
FILE NO. DV -2010-0057
Having been assessed civil penalties totaling $9,204.04 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated August 9, 2010, 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

North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr --Harold B Allen
4047 Marsh Rd.
Bladenboro, North Carolina 28320
Division of Water Quality
Coleen H. Sullins
Director
February 17, 2010
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NOV-2010-DV-0064
Administrative Code 15A NCAC 2T .1304
Elden Hester farm, Facility No. 09-45, Permit No. AWS090045
Bladen County
Dear Mr. Allen:
On January 29, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), inspected the Elden Hester farm and the permitted waste disposal system. We wish to
thank Mr. Harold Allen who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. AWS090045 Section V2).
On January 29, 2010 a lagoon/storage pond level was documented at 10 inches of freeboard at
lagoon 1 (were pump is located). On February 1, 2010 a lagoon survey was done by DWQ and
DS&W. The documented level in lagoon 1 was 14.52 inches. A level of 19 inches is the maximum
level allowed by your permit.
Dee Freeman
Secretary

of your permit.
Replace markers in both lagoons with documentation certifying proper design and installation.
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours
(Permit No. AWS090045 Section III 13c).
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following first knowledge of the occurrence of a reportable permit
condition. The Division of Water Quality has no record of receiving the 24-hour notification or the
5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events
in accordance with your permit.
Violation 3:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste
Management Plan: (Permit No. AWS090045 Section II5).
On January 29, 2010 DWQ staff was investigating a complaint concerning strange water entering a
pond from a series of ditches. DWQ staff followed the strange water back through a ditch that lead
to your spray field. It was documented that waste from excessive ponding was leaving your field,
the spray gun was pulled out but no waste was being pumped. A second trip to the field to take
samples, it was documented that the spray gun was now spraying and waste continued to flow
from application field to the ditch.
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that
causes or contributes to the described violations above and take all necessary steps to insure this
violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above,
please submit the following items on or before (March 15, 2010):

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 12, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Harold B. Allen
4047 Marsh Rd.
Bladenboro, North Carolina 28320
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NOV-2010-DV-0064
Administrative Code 15A NCAC 2T. 1304
Elden Hester farm, Facility No. 09-45, Permit No. AWS090045
Bladen County
Dear Mr. Allen:
Dee .Freema.n.
Secretary
On February 26, 2010 you received a Notice of Violation / Notice of Intent letter for the following violations:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWS090045 Section V2)
On January 29, 2010 a lagoon/storage pond level was documented at 10 inches of freeboard at lagoon 1 (were
pump is located). On February 1, 2010 a lagoon survey was done by DWQ and DS&W. The documented level in
lagoon 1 was 14.52 inches.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:

AWS090045 Section III 13c)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation 3:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (Permit No. AWS090045 Section II 5)
On January 29, 2010 DWQ staff was investigating a complaint concerning strange water entering a pond from a
series of ditches. DWQ staff followed the strange water back through a ditch that lead to your spray field. It was
documented that waste from excessive ponding was leaving your field, the spray gun was pulled out but no waste
was being pumped. A second trip to the field to take samples, it was documented that the spray gun was now
spraying and waste continued to flow from application field to the ditch.
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to the described violations above and take all necessary steps to insure this violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before (May 15, 2010):
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2009 to the present along with a copy of your CAWMP.
2. An explanation from the OIC for this farm regarding how this violation occurred.( section III 9)
3. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the
future.
4. Contain waste to your property. Recover all waste possible and record amounts and return to lagoon.

Mr. Allen
April 12, 2010
Page 2
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No.
AWS090045 Section III 13c)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report:
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation 3:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (Permit No. AWS090045 Section II 5)
On January 29, 2010 DWQ staff was investigating a complaint concerning strange water entering a pond from a
series of ditches. DWQ staff followed the strange water back through a ditch that lead to your spray field. It was
documented that waste from excessive ponding was leaving your field, the spray gun was pulled out but no waste
was being pumped. A second trip to the field to take samples, it was documented that the spray gun was now
spraying and waste continued to flow from application field to the ditch.
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to the described violations above and take all necessary steps to insure this violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before (May 15, 2010):
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
rte,,,-- 1 ')nno +„ 0— TT --f moi,,,,,, —41, ,.,.s, ter.,, — (A AAAA -A

Mr. Allen
April 12, 2010
Page 3
Violation 4:
Failure to notify Division of Water Quality of over applying waste in excess of the limits set out in the
CAWMP and were runoff enters ditches, surface waters or wetlands.
Permit No. AWS090045 Section III 13 a, b, d and e.
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 4:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation 5:
Failure to properly operate and maintain your land application equipment and fields.
Permit NO. AWS090045 Section II 1.
On January 29, 2010 it was documented that your spray application equipment was spraying waste at the reel
causing excessive ponding around the hydrant. Bermuda has not been maintained. The receiving crop is weak too
no crop at all.
Required Corrective Action for Violation 5:
1. Repair spray application equipment before it is used.
2. Provide documentation that the repairs have been made.
3. Provide documentation that the cover crop was planted.
Violation 6: Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's
permit (Permit No. AWS090045 Section 1 1)
On January 29, 2010 DWQ staff documented that waste from your spray application field reached a ditch system
that reached a pond on the adjoining property.

A review of the records that were submitted on March 15, 2010 for you showed that you did not submit the
following information:
1. The weeks of 12-24-2009 through 2-18-2010 you recorded no freeboard records.
2. As of April 12, 2010 the Fayetteville Regional Office had not received your 30 day POA.
3. UN completed IRR2 forms for Hyd.7 field 4W & 4E, Hyd. 2 field 9 and Hyd: 9 field 8.
4. Outside of crop window for Hyd. 7 field 4W and 4E. (Bermuda window closes 9/30).
5. No documentation that a cover crop was planted (date planted or invoice for seed).
As a result of this review, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation: 7: Failure to Monitor and Record Freeboard Levels in accordance with your permit and
Certified Animal Waste Management Plan (Permit AWS090045 Section III 2 a).
On March 15, 2010 you submitted freeboard records with no Freeboard levels recorded from .December 24, 2009
through February 18, 2010.
Required Corrective Action for Violation 7:
1. Record weekly freeboard levels.
2. If available provide missing freeboard levels for the period stated in violation 7.
3. Explanation for the missing freeboard levels.
You are required to take any necessary action to correct the above violations in 10 days of receipt of this
letter and to provide a written response to this Notice. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed in your response to the NOV
letter dated February 17, 2010.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still
deemed appropriate, it will be forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five

Mr. Allen
April 12, 2010
Page 4
You are required to take any necessary action to correct the above violations on or before March 15, 2010
and to provide a written response to this Notice by March 15, 2010. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
A review of the records that were submitted on March 15, 2010 for you showed that you did not submit the
following information:
1. The weeks of 12-24-2009 through 2-18-2010 you recorded no freeboard records.
2. As of April 12, 2010 the Fayetteville Regional Office had not received your 30 day POA.
3. UN completed IRR -2 forms for Hyd.7 field 4W & 4E, Hyd. 2 field 9 and Hyd: 9 field 8.
4. Outside of crop window for Hyd. 7 field 4W and 4E. (Bermuda window closes 9/30).
5. No documentation that a cover crop was planted (date planted or invoice for seed).
As a result of this review, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T. 1304, you have been found to be in violation
of your permit as follows:
Violation: 7: Failure to Monitor and Record Freeboard Levels in accordance with your permit and
Certified Animal Waste Management Plan (Permit AWS090045 Section III 2 a).
On March 15, 2010 you submitted freeboard records with no Freeboard levels recorded from December 24; 2009
through February 18, 2010.
Required Corrective Action for Violation 7:
1. Record weekly freeboard levels.
2. If available provide missing freeboard levels for the period stated in violation 7.
3. Explanation for the missing freeboard levels.
You are required to take any necessary action to correct the above violations in 10 days of receipt of this
letter and to provide a written response to this Notice. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed in your response to the NOV
letter dated February 17, 2010.
A .. .. 11. _faL_ _.__l-1-- :- 1L.'- XT-,-'- - sL-*- -44-__ __ ____„ - -- 1'__ - ___._7 __-_lti.

Mr. Allen
April 12, 2010
Page 5
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.
If you have any questions concerning this notice, please contact Steve Guyton or ine at [phone]
Sincerely,
Art hardt
Environmental Program Supervisor
cc: Keith Larick CAFO Unit
Toni King Murphy Brown
Danny Edwards FRO S&WC
FRO AP files

0
e Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired. X
e 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: j
HAROLD B. ALLEN
4047 MARSH RD.
BLADENBORO, NC 28320
❑ Agent
Addressee
C. Date of Delivery
dyy address different 'M 11 ❑ Yes
enter delivery address be1:1No
00
APR 22 1 2010
3. ce Types—�
Ce MjS� Mail
❑ Registers alum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Exfra Fee) ❑ Yes
2., 7006 2150 0005 2109 7726
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
r(D1M2Si'q-qiw CJII1j�, NOUf8l1RC2;C:OVe�W/OedJn
ru
Fo�,delivery information v(sit;ourw_ebs_ite at'wviriiir
us s corn '� " "'
c
rq
Postage
ru
Certified Fee
Ln
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Return RecApt, Fee
77
Postmark
Here
(Endorsement R u red)
Restricted.
(Endorsement Required)
V/&//V
C3
Lrl
rq
Total Postage & Fees
$ 5.54
ru
1
#PSt-orm�3800TAugust,2{�O6_,4a'''£SeesRevers
is trkactions;
e Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired. X
e 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: j
HAROLD B. ALLEN
4047 MARSH RD.
BLADENBORO, NC 28320
❑ Agent
Addressee
C. Date of Delivery
dyy address different 'M 11 ❑ Yes
enter delivery address be1:1No
00
APR 22 1 2010
3. ce Types—�
Ce MjS� Mail
❑ Registers alum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Exfra Fee) ❑ Yes
2., 7006 2150 0005 2109 7726
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NCDENRDIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
JAr•tE8 B. HUNT JR.
GOVERNOR March 14, 2000
• , lily1311 ►71M.
:\ ,A Kai I 1 11: 1
Elden Hester
KEPR T. STEVENS 8326 Center Road
DIRECTOR Bladenboro, NC 28320
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090045
Elden Hester Farm
Facility No. 09 - 45
Bladen County
Dear Mr. Hester:
You are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On February 22, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Elden Hester swine facility in Bladen
County. It was observed that the facility was irrigating and wastewater was
ponding and observed leaving the spray field. Wastewater was also observed in a
grassed waterway. There was evidence to indicate that the gun cart had been pulled
out across the waterway, which contained a continuous flow of water and allowed
to spray waste directly in the waterway. Animal waste flowed via the waterway
and ultimately discharge into Mill Swamp which is Class "C SW" waters. Both
lagoons were also observed to be in the emergency storage level (12 inches and 18
inches).
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a
suitable waste application field as soon as weather permits and per the CAWMP.
�r�sr
2 0 1 0
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-SO43
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Elden Hester Farm
March 14, 2000
2. Provide a detailed explanation as to why wastewater was allowed to leave the waste management
system and what steps have been taken to prevent incidents of this nature from occurring in the
future.
3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility,
which are not in compliance with the CAWMP and the General Permit.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before March 24, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for his consideration.

Page 3
Elden Hester Farm
March 14, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
jSinely,
L,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant _ Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve -Lewis - Compliance Group
Howard Hobson - Carroll's Foods, Inc.

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Harold B. Allen
4047 Marsh Road
Bladenboro NC 28320
March 11, 2010
(// Lppy 1�
R F Y ,
MAR 15 KIM
DENR—FAYETrE\nLIFP'r '"'°ai nFri
Reference: Elden Hester Farm, Facility No. 09-45, Permit No. AWS090045
Mr. Art Barnhardt, Environmental Program Supervisor
NC Department of Environment and Natural Resources
Division of Water Quality / Aquifer Protection Section
225 Green St., Ste 714
Fayetteville NC 28301
Dear Mr. Barnhardt:
This letter is in response to the "Notice of Violation / Notice of Intent Nov -2010 -DV -0064."
Per your request I am including each document and other pertinent material that will
address the violation at the Elden Hester Farm.
1. Enclosed you will find all of the pumping records, lagoon levels, rainfall records and
waste analyses for the farm, from January 1, 2009 to the present. I have also provided a
copy of the CAWMP.
2. The following is my explanation of how the violation occurred. Prior to pumping the
lagoon level was high. I had been evaluating the best location to pump. In the field
where irrigation took place I had pumped the evening before, on January 28, 2010. 1 had
my farm employee to pull the reel out the next day, on the 291". He started the reel and
came back and reported that the field was very "slushy." We both went back
immediately and turned the reel off. This field contains a grass waterway. Rain water
had started seeping from the woods (which has been recently thinned) on one side into
the spray field, to the opposite of the field. This is where the rain water and lagoon waste
mixed and ran into the ditch. As long as I have been affiliated with the farm, this has
never happened.
3. The first temporary measure of containment involved damming the ditch up at two
separate locations. I have met with Dean Morris, Natural Resource Conservationist, to
have some gates designed. These gates should cut off any flow from numerous ditches
on the farm that could be points of discharge. They are being designed by Crumpler
Piping Company. Upon completion the gates will be installed. When they are installed I
will notify Steve Guyton of their location. I have also started educating my current farm
employee on how to recognize potential violations and the severity of this type of
violation.
4. In reference to containing and recovering all possible waste, the following steps have
been taken. In addition to damming the ditch in two locations, I also immediately started
recovering all possible waste. During this time, it continued to rain and water was still
seeping from the thinned woods into the spray field In question. The rain water diluted
the waste liquid as I was recovering the waste. I continued to pump around the clock and
returned thirty-nine thousand gallons of rain water / lagoon waste into the lagoon. Steve
Guyton saw our efforts, checked the condition of the water, and stated that I done all that
could.

Page 2
At that time, Mr. Guyton informed me that I could allow the remaining water in the field to
soak into the soil and into the surrounding woods.
The required corrective action includes repairing the spray application equipment before
further use of the equipment. I have purchased new hydrant hoses, and repair kits for
the irrigation drum. These items have been installed.
To the best of my ability I have attempted to correct the problems that resulted in this
violation. I have followed all the directives from Steve Guyton and responded
Immediately. I will be vigilant in preventing in possible violations in the future. The
lagoon is still high and is in the nineteen to twenty-one inch range. Would it be
appropriate to request an additional thirty days to reduce the lagoon level? I will wait for
your response in this matter.
ere ,
099
Harold Allen

0.9110/2009 12:5_2_ 8626913 R ADEN CO DDA
08/10:2009 TRU 12:32 FAX [phone] WRLNXI
Stare of North Carolina
Department of Enviionment and Natural Resources
Division of Water Quality
Animal Feeding Operations Pemm t Application Form
(THIS FORMjVAYBEPHOTOCOPIMFOR USE ASA NORIGNAL)
State General Permit - Existing Animal Waste Opel
PAGE 02
IM 002/OOT
MAR 151010
f)�FA"I�REGIONq�MCE
1. G NERAL INFORANIX IO` N:
1.1 Fp4lity name:
1.2 (-tint Land Owner's nage: _� , �•2 'n `� O�s�'
1.3 Wailing address: C �b %,.X—
City.
,.X—!.`iry. State:
SagZip:
o (,\,-o SPt-1-i-r`
Telephone number (include area cede): kA�30
1.4 Physical address: "% U1 (2AV-gA-e,< W .
City. State: -O.la�A—a" wv r a ) 'nom 07l $ 3 Z
Telephone number (include area code): a&) k/
1.5 County where facility is located: (J&"Qwr%
1.6 Facility iocation (directions from nearest m2ior highway using SR numbers for state reads : 3 (9 ve VI-k"x-
1.7 Fenn `faneAes rams (if different from Lind Ownor).
OLD 4u j.!J �1�-�boro� rt C. Q.I3�
r
1.8 Lo%ee's 1 Integratces name (if appltcoblee;�c'e�le which type is listed): ` a
1.9 Facility's original Stan -up date n�„�""' 'r Date(s) of facility expansion(s) (if applicable):
2. OPER4TION INFOIVIATION:
2.1 Nicility trimber- . t—qs
2.2 Operation 17eseription:
Please enter the Design Capacity of the system. The "No. of Animals" should be the maximum number for which the wute
management structures were designed
LT13 �UNkL Lo �f A.11il3��S
❑ Wear, to Feeder
fff�cccder w Finish U
C Farrow to ween (� sow)
Farrow to Fecder (4 saw)
Farrow to Finish (4 sow)
El Weare to Finish (it sow)
❑ Gilts
❑ Boar!Stud
[j Other Type of Livestock on the fann: .. ,..
FORM. AWO-STALE-C-E1!10/oG
r
'=stf f'ou tft0'. Y&�L9I-I
❑ Layer
❑ Non -Layer
❑ Turkey --
❑ TIrkey
In ' Ca a No. of A=ki
❑ Beef Brood Crow _-_--
Q BeefFceJcr
❑ Beef Stucker Calf
❑ Dairy Ca! f
❑ Dairy Heifer
❑ Dry Cow
❑ Milk C ow
No. of .,Wmals: .
Page 1 of 5

89110/2009 12:52 8626913 BLADEN CO DOA PAGE 03
09/10/2000 TRU 12:22 FAX [phone] WRLNH1 191003/OOT
2.3 Acnago cleared and available for application (excluding all required buffers and areas not covered by the application
>iy,tem j'4-IoRcquirod Acreage (as listed in the C:\NkW: ` ; 0
2.4 Number of lagoons:_ Total Capacity (cubic feet): _ _ )dequtted Capacity (cubic feet):
Number of Storage rods: Total Capacity (cubic feet): Required Capacity (cubic feet):
2.5 Are substufsce drains sent within l u0' of any of the application fields? YES or NO (cimole one)
2 6 Aje subsutsce drains present in the vicinity or under the waste m3nagerrent sy5!%) r�
YES or
NO
(circle cane)
2.7 Dots this facility meet all applicable siting requirements? V`® •J�-''&�
or
1\O
(circle one)
3. REQUIRED ITEMS CHECKLIST:
Please indicate that you have included the follMog required items by signing your initials in the space provided nc.-ct to each
item,
s�ts,Il3.i11
3.1 One completed and signed original mid two copies of the application for State General Permit -
Animal Waste aperatia u;
3-2Three copies of a general location map vidicating the location of the animal waste facilities and
field locations where animal waste is land applied and a county road map with the location of the
Cacil:tv indicated: _
3.3 Three copies of the entire Certified Animal Waste TArtagement Plan'.CAWNT). if the feciliry
does not have s CA`klviP, it trust be completed prior to submittal of a permit application for
animal waste operations. _
The CAWVP must include the following components. Some of these components may not have been required at the tints
the facrllh, was eerifl4ed but should be added to the CAW. ' for permitting purposes:
3 3.1 The Wastc Utilization Plan MT) must include the amount of Plant Available Nitrogert (PAN) produced turd
utilized by the facility
3 3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.)
3 =.1 A map of every field used for land application
3 3.4 Ta soil series present its every land application field
3 ?. i The crops grown on every land sppiication field
33.6 The Realistic Yield Expectation (ME) for every crop shown in the W'UP
33.7 The PAN applied to every land application field
33.3 The waste application windows for evemy crop utilized in the AIR
3.3,9 The required NRCS Standard speeificaticros
3110 A site schematic
3111 Bmergency .action Plan
.3 3.12 Insect Contro! C hecklis: with chosen best management practices netted
3.3.13 Odor Control Checklist with chosen best management practices ;toted
3 3.13 I'dortality Control•Gheckligt with the selected method noted
3 3.13 l..agoon/swmge pond capacity documentation (design, calculations, etc.): please be sure :o include any site
evaluatiers, wetland determinations, or hamrd classitica►ioms that mty be applicable to your facility
3 3.16 Operation and Ivfaititensnce Plar.
If your CAWM? included any components not shown on this list, please .include the additional component.-, with your
submittal. (Com.posting, waste transfcrs, etc)
FORM: A' V0jSTA'kE-G-E 1/10/06 Page 2 of 5

09110/2009. 12:52 8626913
09/10/2000 TIHU 12:23 FAX [phone] NRLWW1
;LAM' —CO DOA
PAGE 04
Z 004/007
4. APPLICANT'S CERTIFICATION:
I,.���pG_�,-�'�(Land t:mr.•et's name listed in question 1.2), at' rst that
this application for
frame ;tared in qucatio:t l.l)
has been reviowed by me mid is awterate and eompleto to eye best of my knowlmlp 1 understand that tt all ngwrcd pwu of this
application are not completed mid that if all required supporting information and attachments are not included, this application package
will be retained to me as iwomplete.
ignarure
Date
S. MAN 'ER'S (.ERTIF-CATI KN! (complete emly if tlifi'tmertt from the Land Owmtr)
!,b Lj-z� Nlanagera name listed in questaun 1.G), tttccit that thi3
altplicatirm for___­.__­_._­'Fitcility mme lilted in question 1.1;
has been reviewed by we zrd is accurate and complete to the beat of my knowledge: I understand that if all required parts o; this
application are not platedaroau, if all req d porting information ar.d attachments sra not included, this application package
wilt oe rat as ' �mplet( n
St�aantre - --ct
— --- --- --- -fie---•L"-..-�
3'
THE CONVLETED APP:.LCATIOT PACT --WE, INC.*;.MNG ALL SUPPORTING ATORMATION AND 1`•L4TERIAL9, SHOULD
BE SI•W TO THE FOLLOWWO ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
ANIMAL FEEDING OPERATIONS UNIT
1636 MAIL SERVICE CENTER
RALF.IGH, !WORTH CAROLINA 27699-1636
TELEFRONE N Li MBER: [phone]
FiL Nt;:1 DER: (919) 715-60,48
1F 0RN, -1:.-l►W0-S'f A't E-G-E 110106
0 'l.
Page 3 of 5

09/10/2009 12:52 8626913
00/10/2009 THU 12:23 FAX [phone] VMLNlll
''RLADEN CO DOA PAGE 05
[MOOS/007
6. SURFACE AVATER CLASSIFICATION:
This form must be completed by the appropriate DMIQ regional office and Included as a part of the.
project submittal Infornuttiun.
TNST RUCTIONS TO NC PROFEMONALS:
The classification of the downslopa surface waters (the surfhcce wams that any ovorflow from. the facility Nould flow toward) in
which this animal Waste management system will be operated must be determined by the apprepnate DIVA regional office.
Therefore, you are required, prior to submittal of the application package, to submit this form, with items 1 through 6
completed, to the appropriate Division of"Water Quality Regional Aquifer Protection Supervisor (gcc page 6 of 11)), At e
minimum, you roust include an 8.54 by 1 I' copy of the portion of a 7.5 minute L►SGS Topographic Map which shoes the
location of this animal waste application system and the dom nslope surface waters in which they will be located Identity the
closest downslope surface waters on the attached map copy. Ounce the regional office has completed the classification,
reincorporate thin completed page and the topographic map Into the emplete application form and submit the
application package.
6.1 Ruir. Name:
6,2 Name. & complete Address of enprieering fine: ---
Telephone number: ( _.— ) . ?-
6.3 Name of closest duuiislopc surfeca waters.
6.4 (:ountyfies) where the arumal N%We managemern system and surace waters arc located
6.5 Map name and date:
6.6 Pit, Professional's Seal (Inappropriate), Signature, and hate:
TO: REGIONAL AQUIFER PROTECTION Si'PERVISOR
Piease provide me with the classification of the %eater shed whore this animal waste management facility will be or has been
constructed or field located, as identified on the attached map segment(s):
`ame of surface waters:
C-1mificetion (as established by the linvirorunerital Management
Proposed classification, if applicable:
Signature of regional o;7icoe persornicl: _ _�.._�.�___..._. -•--- Datt:_
i..AI attachments must be signcd.)
P'ORNI! AWQ-STALE-G-E 1/10106 Page 4 of 5

t79/1t7/2a09 '12:52 U526913 ;`,,LADEN CO DOA PAGE 86
00/10/2000 THn 12:24 FAX [phone]e WRIMt I�ooe!ooT
DIVISION OF NVATER QUALITY REGIONAL OFFICES (910a)
Ashevillo Rc3imutl APS Supgvtsot
U S. Highway 7t►
Swronnarivu, NI* 29178
(R28)2964100
r w% I b?81 s-7�.143
Washington Regional f1,PS Super\•Isot
943 Washington Square Melt
Wokingtcut, NC 27839
(252) 94"01
Fax [phone]
Avery
Macon
Beaufort
Jones
Buncombe
1-&d1sw1
Dertie
Lenoir
Rurko
McDowell
Camden
ti{nnfn
(,:aldwell
\litchell
Chowan
Pamlico
'hetokee
Polk
Cratien
Pasquotank
,lay
_ Rutherford
Currituck
Perqu►mans
Graham
Swtrin
We
Pitt
'4R%iY.7, d
Tmnsylvvn:R
Gana
Tvrell
He: demon
Ya=y
Urcena
Washington
Jrw^kson
Hertfar3
Wayne.
Hyde
Fayetteville Regional APS Supervisor
Green Street, Suite 714
,avetteviile, NC; 28301-51M
(yl Q) 486-! 541
Fox (910) 48&Q7n7
Arwn
MOM
,iladcn
Richmond
Cumberland
Robtsor.
ierneu
Sampson
Hoke
Scotland
MomW>mery
'�-%'irstun-Salem Regional APS Supervisor
5S5 asughtown Street
'Ninnon-Salem. NC 27107
(336) 771-3-01
Fax [phone]d31
Alamanoo Rockingham
alleghtuty Randolph
.-she
StoLo.
Caswel;
Sur y
Davidson
Watauga
iiavis
Wilkes
rOrsych
Yodk►n
Guilford
Moc+tesville Regional APS Supervisor
61 r) East C enter Avegge
Monroeville, NC 291 l r
004) 663.1699
Fax (704) 663-Fn4r)
AlexnWer
Linco,n
Cabarrus
Mecklenburg
Catawba
Rowan
Cleveland
Stanly.
Gaston
Union
lreclell
FOPM AWO-STATE-G-E 1110106
r
Raleigh Regional ,APS Supervisor
1623 Mall Savice C4=e;
Raleigh, NC 2'76179-1628
(919) 791A2(I¢
Fax [phone]
Chatharn
Mash
Durham
Nonhamptun
F.4acembe
grange
Fra-4-lin
Person
Granville
Vance
1•la fox
Wake
Johnston
Warren
Lee
Wilson
Wdirington Rcgion A.°S Supervisor
1 "► Cardinal Drive Extenr. Hto
W.A rinpv- N2R445-3q-5
(9l U) 79&7115
F► x (910) M0.20W
Brunswtc;c New Huno►•er
Carteret On B':0%V
('olumbus fender
Duplia
Page 5 of 5

•�•���� i[:o[ bb2b913 R ADEN CO DOA
t' ' Management Plan For "imal Waste Utilize on
Nutrient Manag 12-21-2000
This plan has been prepared for:
Elden Rester Finishing
Elden Hester
8326 Center Rd.
*cidimboro, NC 283Z0
910-648-4339
This plan has been developed by:
Samuel G. Warren
NRCS/Bladen SWCD
122 Agriculture Service Center
Eliiabethtoum, NC 28337
91 o-862-3179 Ext'3
Developer Signature
Type of Flan: Nitrogen Only with Manure Only
PAGE Be
Owner/Manager/Producer Agreement
X (we) understand and agree to the specifications and the operation and maintenance
procedures established in this nutrient management plan which includes an animal waste
utilization plan for the farm named above. I have read and understand the Required
Specifications concerning animal waste management that are included with this plan.
Signature (owner) Date
Signature (manager or producer) Date
This plan meets the minimum standards and specifications of the U.S. Department of
A.grtculture - Natural Resources Conservation Service or the standard of practices
adopted by the Son and Water Conservation Commission.
Plan Approved By: ��-�'�• _ /z- 2/
Technical Specialist Signature Date
........................
Database Version 1.66 .....
Date Printed: 12.21-2000
Cover Page 1

09/10/2009 12:52 8626913•
BLADEN CO DOA PAGE 09
Nutrients applied in accordance with this plan will be supplied from the
following source(s):
Commercial Fertilizer is not included in this plan.
S7
Swine Feeder -Finish Lagoon Liquid waste genera 5,71 0,320 gids/year
by a 6,160 animal Swine Finishing Lagoon Liquid operation. This
reduction agj& hms waste skmq ovacities of !gnxima;tejX 180 days.
Estimated Pounds of Punt Available Nitrogen Gmemted per Year
Broadcast
13160
Incorporated
22601
Injected
24890
Irrigated
14304
Actual PAN Applied
Year 1
T 14767
Notes:
In source ID, S means standard source, U means user defined source.
Ma
............................................•.........................................................
Preview Database Version 1.06 Date Printed: 01-10-2001
Source Page 1

U;'rinrcon-j 1Z:5Z 8626913 R ADEN CO DOA
_ PAGE 10
�.
Nutrient Management Plan For ,&nimal Waste Utilixa on
12-21-2000
This plan has been prepared for:
Elden Hester Finishing
Elden Hester
8326 Center Rd
:Wdpnboro, NC 28320
910-648-4339
This plan has been developed by:
Samuel G. Warren
NRCS/Bladen SWCD
122 Agriculture Service Center
Elizabethtown, NC 28337
910-862-3179 Ext. 3
Developer Signature
Type of Plan: Nitrogen Only with Manure Only
Owner/Manager/Producer Agreement
I (we) understand and agree to the specifications and the operation and maintenance
procedures established in this nutrient management plan wbicb includes an animal waste
utilization plan for the farm named above. I have read and understand the Required
Specifications concerning animal waste management that are included with this plan.
""e' •2/_ jz - o �
Signature (owner) Date
Signature (manager or producer) Date
This plan meets the minimum standards and specifications of the U.S. Department of
Agrjculture - Natural Resources Conservation Service or the standard of practices
adopted by the Soil and Water Conservation Commission.
• t
Plan Approved By: 4/1 C,/b f _ /Z

V
k
The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provi
cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the <
and proper timing of applications to maximize nutrient uptake.
This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the
other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid anc
order to supply the indicated quantity of nitrogen from each source is also included.
A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan
manure generated by the operation. Animal operations that generate liquid waste and utilize waste storage facilitic
less waste in any given year than is annually generated by the facility. In order to determine whether the plan adec
the storage capacity table included in this plan should be reviewed to ensure that the design capacity of the storage
period.
Depending on the requirements of the crop and the nutrient content of the waste, some nutrients will likely be over
utilized. Waste should be, analyzed before each application cycle and annual soil tests are required if animal waste
balance the nutrient application amounts with the realistic yields of the crop to be grown. Nutrient management pl
waste be limited so as to prevent over application of phosphorous when excessive levels of this nutrient are detects
W-1. T 161172tinn TAM.-.
Year 1
Tract
I Field
SOXITM
i I.D.
Soil Series
Total
Acre
Use,
Acres
I Crop
RYE
RYE
Unit
Applic.
j Period
Nitrogen
PA
Nutrient
Req'd
Comm.
Fert.
Nutrient
Applied
Res.
Obs/A)
14
Appl
Meth
N
I N
S;
FOreStOn
3.5
2.8
ereal[Annual R
1.5
Tons
t0/1-3/31
75
0
n
Irri
P51
arvut
S?
Foreston
3.5
2.8
ermuda ass Pasture
6.0
Tons
3/1-9/30
' 22S
�OO
Im .41S
t1
S?
Rains
4.0
.escueaswre
Q.S
ions
8/l-7/31
169
In i .
415
t2
S7
LynnHaven
7.5
G.S
Fescuc Pasturc
2.5
Tons
8/1-7131
' 94
0
0
1'
415
3
S?
Lynn Haven
5.9
5.2
err-al/Annual Rye
2.0
Tons
10/1-3/31
100
U
0
Irri .
IS, Ha-4/7IIarvest
415
3
S?
Lynn Haven
5.9
S.2
errnuda rass Ela
'4 0
Tons
3/l-9l30
• 200
0
0
)rn
Preview Database Version 1.06
Date Princed: 01-10-2001

Utilizaxion Table Year 1
Field
Source
1.D.
Soil Series
Total
Ace
Use.
Aces
Crop
RYE
RYE
Unit
Applic.
I Period
Nitrogen
PA
Nutrient
Reo
I Comm.
Fert.
Nutrient
Applied
Res.
(lbs/A)
N
Apphc.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(ace)
Solid
Manure
Applied
(acre)
Liquid
Manun
Applies
(Field)
N
N
WA
1000
VA
tm>s
1000 Ra
4
S7
Lynn haven
11.0
9.0
VAnnual Rye
15
Tons
10/1-3/31
75
0
0
Irrig.
1 75
29.91
D.0
35
IS Glaze, 4n
4
97
L Haven
11.0
9.0
emmda rass Pasture
•4.5
Tons
3/1-9/30
• 169
0
0
1ni .
169
67.5
0.0
60
4A
S7
L Havat
IG.0
8.6
uePastore
•3.2
Tan
811-7/31
• 120
0
0
lrri .
120
47.9
0.0
41
S
S7
Fonsmn
6.6
G2
uePasture
4.0
Porn
8/1-7/31
• 150
0
0
lrri
150
59.9
0.0
37
6
57
Fmeston
9.9
7S
Annual R
1.5
Tons
10/1-3/31
75
0
0
brig.75
29.9
6.0
22
Graze, 4n
13/1-9/30
6
S7
Fotestov
9.9
75rHay4fn7
Pasture
6.0
Tons
• 225
0
0
(rri .
225
89.8
0.0
67:
8
S7
-Itc
12.0
4.6
Rye
2.0
Tons
toll-3131
100
0
0
(rri
l00
39.9
0.0
18:
Parvest
8
S7
lle
12.fl
4.6Hay
55
Tons
3/1-MO
• 275
0
0
Irri .
275
109.8
0.0
50:
9
S7
Foresaon
12.1
8.2
eal/Amrual Rye
2.0
%Pons
10/1-3/31
3001
0
0
Irrig,
100
39.9
0.0
32'
!$, 1t2an 1[arvest
9
S7
Foresmn 1
12-11
91 Elerrmidagrass
May
6.0
Tons
3/1-9/30 J
' 3001
0
0
Irri .
300
119.8
0.0
99:
Lagoon Liquids
Total Applied, 1000 Wlons
7
Total Produced, 1000 galtons
5,7
Bahl m 1000 SWIons
.2
Mature Solids
Tvt d Apphed, tons
Total Pmduovd, tons
Balance tams
s: 1. )n the tract colurrm, symbol -- means leased, odmwite, awned. 2. Syrttboi • rtteans user entered data.
Database Version 1.06 Date Printed: 01-10-2001 WU7- Pa
1

89110/2009 '':12:52 8626913 G'0 DOA PAGE 12
Narrative
Refer to CROP NOTES for management of overseeded crops. 25% reductions made for grazing.
Nitrogen utilization rates reduced accordingly. For existing fields, N utilization rates and RYE's
"grandfathered" @ 50# per ton for hay or 37.5# per tom grazed. Since plan has negative nutrient balance,
operator may elect not to overseed all fields each year to facilitate "Rotational Overseeding". Field #3,
even though the bermuda crop is removed by haying, the Rye cover crop may be grazed off and removed
by the required date (see crop notes). Apply N at a rate of 75 PAN/ac.
,-
............... .............I.....................................................................
Preview Database Version 1.06 Date Printed: 01-10-2001 Narrative Page 1

09710/2009 `1'2:52 8626913 `,% ADEN CO DOA PAGE 13
s•
The Irrigation Application Factors for each field in this plan are shown in the following table.
Infiltration rate varies with soils. If applying waste nutrients through an irrigation system, you must apply
at a rate that will not result in runoff. This table provides the maximum application rate per hour that may
be applied to each field selected to receive wastewater. It also lists the maximum application amount that
each field may receive in any one application event.
irrigation Annlication Factors
Tract
Field
Soil Sodas
AppliCatlon Rate
Application Amount
mctua
415
10
Foraston
0.50
0.96
415
11
Rains
0.40
0.96
413
12
Lynn Haven
0.65
0.72
413
13
Lynn Haven
0.65
0.72
415
14
Lynn Haven
0.65
0.72
415
4A
Lynn Haven
0.65
0.72
415
5
Fomton
0.50
0.96
415
6
Forestoe
0.50
0.96
415
8
Au Ilc
0.60
0.72
415
9
Foreston
0.50
0.96
r
................. ................................................................
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Preview Database Version 1.06 Date Printed: 01-10-2001 IAF Page 1
t

The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for
sludge utilization for the indicated accumulation period, These estimates are based on average nitrogen
concentrations for each source, the number of animals in the facility and the plant available nitrogen application
rates shown in the second column.
Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At
clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the
priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc cant also be limiting. Since
nutrient levels are generally very high, application of sludge must be carefully applied.
Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not be
used for sludge application. If this is not possible, care should be taken not to load effluent application fields with
high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water
moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous levels may also be
a concern.
Lagoon Sludge Nitrogen Utilization Table
Crop
Maximum
PAN Rate
'lb/ac
Maximum Sludge
Application Rate
1000 al/ac
Minimum Acres
5 Years Accumulation
Minimum Acres
10 Years Accumulation
Minimum Acres
15 Years Accumulation
Swine Feeder -Finish Lagoon Sludge - Standard
Com 120 bu
1 s0
13.161
77.221
154.45
231.67
Hu 6 wn R.Y.S
3001
26.32
38.61
77.22
115.94
So bean 40 bu
1601
14,041
72.40
144.80
217.19
.... . ...... ... . ............................
692901 Database Version 1.06 Date Printed: 12-21-20
00
� t .
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...... I...... ..............
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I.
85:ZT 600Z/0T/60

89.010/2099 112:58 8626913 BL.ADEN' CA DOA PAGE 02
The Available Waste Storage Capacity table provides an estimate of the number of days of storage
capacity available at the end of each month of the plan. Available storage capacity is calculated as the
design storage capacity in days minus the number of days of net storage volume accumulated. The start
date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in
the plan at which storage volume in the lagoon or holding pond is equal to zero.
Available storage capacity should be greater than or equal to zero and less than or equal to the design
storage capacity of the facility. If the available storage capacity is greater than the design storage
capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated. If
available storage capacity is negative, the estimated volume of accumulated waste exceeds the design
storage volume of the structure. Either of these situations indicates that the planned application interval
in the waste utilization plan is inconsistent with the structure's temporary storage capacity.
Available Waste Storage Capacity
Source Name
Swine Feeder-Finiah_goon Liquid
DeWgo Storage Capacity a
Start Date
09/01
180
Plan Year
Month
Available Storage Capacity Da s •
1
1
114
1
2
111
1
3
120
1
4
129
1
5
154
1
,- 6
174
1
7
180
1
8
180
1
9
166
1
10
163
1
11
161
1
12
145
" Available Storage Capacity is calculated as of the end of each month.
...... I...... . .
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t
r
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Date Printed; 12-21.2000 Capacity Page 1

09/10/2009 12:58 8626913 BLADEN CO DOA PAGE 03
Required Specifications For Animal Waste Management
i. Animal waste shall not reach surface waters of the state by runoff, drift,
manmade conveyances, direct application, or direct discharge during
operation or land applieatjon. ,Any discharge of waste that reaches
surface water is prohibited.
2. There must be documentation in the design folder that the producer
either owns or has an agreement for use of adequate land on which to
properly apply the waste. If the producer does not own adequate land to
properly dispose of the waste, he/she shall provide evidence of an
agreement with a landowner, who is within a reasonable proximity,
allowing him/her the use of the land for waste application. It is the
responsibility of the owner of the waste production facility to secure an
update of the Nutrient Management Plan when there is a change in the
operation, increase in the number of animals, method of application,
receiving crop type, or available land.
3. Animal waste shall be applied tg meet, but not exceed, the nitrogen needs
for realistic crop yields based upon soil type, available moisture, historical
data, climatic conditions, and level of management, unless there are
regulations that restrict the rate of applications for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons per acre
per year. Waste may be applied to land eroding at more than 5 tons per
acre per year but less than 10 tons per acre per year provided grass filter
strips are installed where runoff leaves the field (see USDA, NRCS Field
Office Technical Guide Standard 393 - Filter Strips).
S. Odors can be reduced by injecting the waste or by disking after waste
application. Waste should not be applied when there is danger of drift
from the land application field.
6. When animal waste is to be applied on acres subject to flooding, waste
will be soil incorporated on conventionally tilled cropland. When waste is
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" for guidance).
7. Liquid waste shall be applied at rates not to exceed the soil infiltration
....................................................................................
692901 Database Version 1.06 Date Printed: 12-21-2000 Specification Page 1

09/10/2009 12:58 8626913 BLADEN CO DOA PAGE 04
M
rate such that runoff does not occur offsite or to surface waters and in a
method which does not cause drift from the site during application. No
ponding should occur in order to control odor and flies.
8. Animal waste shall not be applied to saturated soils, during rainfall
events, or when the soil 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. The potential for salt damage from animal waste should also be
considered.
10. Nutrients from waste 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 the crop or forages
breaking dormancy.
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 any residential property boundary and canal. Animal
waste, other than swine waste from facilities sited on or after October 1,
1995, shall not be applied closer that 25 feet to perennial waters.
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 landowner.
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, drain.ageways,
or wetlands by a discharge or by over -spraying. Animal waste may be
applied to prior converted cropland provided the fields have been
approved as a land application site by a "technical specialist". Animal
waste shall not be applied on grassed waterways that discharge directly
into water courses, and on other grassed waterways, waste shall be
................................... ....... ................ I ......... ... ...
692901 Database Version 1.06 Date Printed: 12-21-2000 Specification Page 2
t

09710/2009 12:58 8626913 BLADEN CO DOA PAGE 05
applied at agronomic rates in a manner that 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.). Areas
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. 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.
Y�
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
pre -plant with no further 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 for 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 nutrient, unless other restrictions require
..........................�...........,....
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Printed: 12..-21-2000 ...... S c.ifi....
cataon Page 3
r

09P10/2009 12:58
..
PM
8526913
rFR7C. vo
waste to be applied based on other. nutrients, resulting in a lower
application rate than a nitrogen based rate. Zinc and copper levels in the
soils shall be monitored and aiternitive crop sites shall be used when
these metals approach excessive levels. pH shall be adjusted and
maintained, for optimum crop production. Soil and waste analysis
records shall be kept for a minimum of five years. Poultry dry waste
application records $ball be maintained for a minimum of three years.
Waste application records for all other waste shall be maintained for a
minimum of Give years.
23. bead animals will be disposed of in a manner that meets North Carolina
regulations.
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.........Da.to . . Printed: 12-21-2000 .. . . . .................Specification Page

091`10/2009 12:58 8626913 BLADEN CO DOA PAGE 07
f
Crop Notes
The following crop note applies to field(s): 3
Bermudagrass: Coastal Plain, Organic Soil
Adaptation: Not adapted.
The following crop note applies to field(s): 12,4A
Fescue: Coastal Plain, Organic Soils.
Adaptation: Well -adapted.
In the Coastal Plain tidewater region, tall fescue can be planted Sept. 1 to Oct. 15 (best) and Feb. 15 to
Mar. 20. For pure -stand broadcast seedings use 20 to 30 lb/ac., for drilled use 15 to 20 lb/ac. seed. Use
certified seed to avoid introducing weeds or annual ryegrass. Plant seed 0.25" to 0.5" deep for pure.
stands, 0.25" in mixture with clovers. Tall fescue will tolerate soil wetness but not flooding or prolonged
saturation; use Ladino clover for mixtures on these soils. Soil test for preplant and maintenance lime,
phosphorus, and potassium recommendations. Apply 40 to 60 lb/ac nitrogen at planting for pure stands
only. Do not apply N for mixtures with clovers but use proper legume inoculation techniques. Apply 150
to 200 lb/ac * N to pure -stand fescue for hay production; reduce N rates by 25% for gracing. Apply N Feb.
1 to Mar. 20 and Aug. 20 to Sept. 30, with equal amounts in each window. Refer to NCSU Technical
Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for additional
information or consult your regional agronomist or extension agent for assistance.
The following crop note applies to field(s): 4
Bermudagrass: Coastal Plain, Organic Soil
Adaptation: Not adapted.
The following crop note applies to field(s): 3
Cereal/Annual Rye Overseeded — Hay
CEREAL RYE
The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The
most consistent stands are obtained from drilling rye into short (less than 3 inches tall) bermudagrass sod.
If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation
with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the
rate for drilled seeds. The last application of animal waste is to be applied to the bermuda prior to August
31. An application of 50 lbs/acre of Plant Available N (PAN) may be applied between September 15 and
October 30. An additional 50 lbs.aere of PAN may be applied in February -March. If rye growth is
harvested on time and does not significantly shade the bermuda, PAN rates for the subsequent bermuda
crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which
ever comes first. This is necessary to minimize the potential for shading bermuda and reducing its yields.
ANNUAL RYEGRASS
Annual ryegrass should be planted by October 15 to provide the best opportunity to get winter growth.
.......... .......................................................................................................................... .
692901 Database Version 1.06 Date Printed: 12-21-2000 Crop Note Page 1

t7aN113/L17177 1:4:SU UbLb'J1J BLADEN W t7UA F'AtaE Utr
The most.consistent stands are obtained from drilling ryegrass into short (less than 3 inches tall)
berirztudagross sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed
by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds
should be 1.5 times the rate for drilled seeds. The last application of animal waste is to be applied to the
bermuda prior to August 31. An application of 50 lbs/acre of PAN may be applied between September
15 and October 30. An additional 50 lbs. acre of PAN may be applied in February -March. If additional
PAN is applied to the ryegrass in April -May, the PAN rate for the bermuda must be reduced by a
corresponding amount. This is necessary because ryegrass growth during April -May will reduce
bermuda yields and shorten the time bermuda can fully utilize the N. A harvest is required by heading or
April 7, which ever comes first to prevent shading of emerging bermuda during April -May period. To
favor the production of the bermuda, additional harvests of ryegrass will. be required when the ryegrass
canopy reaches 12 to 15 inches height.
The following crop note applies to field(s): 4
Cereal/Annual Rye Overseeded — Grazed
CEREAL RYE
The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The
most consistent stands are obtained from drilling rye into short (less than 3 inches tall) bermudagrass sod.
If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation
with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the
rate for drilled seeds. The last application of anpal waste is to be applied to the bermuda prior to August
31. An application of 50 lbs/acre of Plant Available N (PAN) may be applied between September 15 and
October 30. An additional 50 ibs.acre of PAN may be applied in February -March. If rye growth is
harvested on time and does not significantly shade the bermuda, PAN rates for the subsequent bermuda
crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which
ever comes first. This is necessary to minimize the potential for shading bermuda and reducing its yields.
The PAN rate for grazed systems with bermuda overseeded with cereal rye must be reduced by 25%.
ANNUAL RYEGRASS
Annual ryegrass should be planted by October 15 to provide the best opportunity to get wither growth.
The most consistent stands are obtained from drilling ryegrass into short (less than 3 inches tall)
bermudagrass sod. if drilling is not possible, the seeds may be broadcast on short bermuda sod followed
by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds
should be 1.5 times the rate for drilled seeds. The last application of animal waste is to be applied to the
bermuda prior to August 31. An application of 50 lbs/acre of PAN may be applied between September
15 and October 30. An additional 50 lbs. acre of PAN may be applied in February -March. If additional
PAN is applied to the ryegrass in April -May, the PAN rate for the bermuda must be reduced by a
corresponding amount. This is necessary because ryegrass growth during April -May will reduce
bermuda yields and shorten the time bermuda can fully utilize the N. A harvest is required by heading or
April 7, which ever comes first to prevent shading of emerging bermuda during April -May period. To
favor the production of the bermuda, additional harvests of ryegrass will be required when the ryegrass
canopy reaches 12 to 15 inches height. The PAN rate for grazed systems with bermuds overseeded with
annual ryegrass must be reduced by 25%.
.............. ................................................................... ......................
692901 Database Version 1.06 Date Printed: 12-21-2000 Crop Note Page 2
L

09/10/2009 12:58 8626913 BLADEN CO DOA PAGE 09
4
The following crop note applies to field(s): 9
Bermudagrass Coastal Plain, Mineral Soil, Poorly Drained to Somewhat Poorly Drained.
Adaptation: Effective artificial drainage MUST be in place to achieve Realistic Yield Expectations
provided for these soils.
Izr the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3"
deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and
wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a
rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing
conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced 1' to 1.5' in row.
For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus,
potassium and micronutrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in
the establishment year in split applications in April and -July. For established stands apply 180 to 240
lb/ae N annually in split applications, usually in April and following the first and second hay cuts. Reduce
N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of
Pastures and Forages in North Carolina for more information or consult your regional agronomist or
extension agent for assistance.
The following crop note applies to field(s): 5
Fescue: Coastal Plain, Mineral Soil, Poorly Drained to Somewhat Poorly Drained,
Adaptation: Moderate to Marginal. >'
In the Coastal Plain, tall fescue can be planted Sept. 1 to Oct. 15 (best) and Feb. 15 to Mar. 20. For
pure -stand broadcast seedings use 20 to 30 lb/ac., for drilled use 15 to 20 lb/ac. seed. Use certified seed to
avoid introducing weeds or annual ryegrass. Plant seed 0.25" to 0.5" deep for pure stands, 0.25" in
mixture with clovers. Tall fescue will tolerate soil wetness but not flooding or prolonged saturation; use
ladino clover for mixtures on these soils. Soil test for preplant and maintenance lime, phosphorus, and
potassium recommendations. Apply 40 to 60 lb/ac nitrogen at planting for pure stands only. Do not apply
N for mixtures with clovers but use proper legume inoculation techniques. Apply 150 to 200 lb/ae. N to
pure -stand fescue for hay production; reduce N rates by 25% for grazing. Apply N Feb. 1 to Mar. 20 and
Aug. 20 to Sept. 30, with equal amounts in each window. Refer to NCSU Technical Bulletin 305
Production and Utilization of Pastures and Forages in North Carolina for additional information or
consult your regional agronomist or extension agent for assistance.
The following crop note applies to field(s): 10, 6
Bermudagrass CP, Mineral Soil, Poorly Drained to Somewhat Poorly Drained.
Adaptation: Effective artificial drainage MUST be in place to achieve Realistic Yield Expectations
provided for these soils.
In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3"
deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and
wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a
rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing
conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced 1' to 1.5' in row.
For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus,
............ .......................... .- ... . .
692901 Database version 1.06 Date Printed: 12-21-2000 Crop Note Page 3

09/10/2009 12:58 8626913 BLADEN CO DOA PAGE 10
potassium and micronutrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in
the establishment year in split applications in April and July. For established stands apply 180 to 240
lb/ac N annually in split applications, usually in April and following the first and second hay cuts.
Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of
Pastures and Forages in North Carolina for more information or consult your regional agronomist or
extension agent for assistance.
The following crop note applies to field(s): 9
Cereal/Annual Rye Overseeded — Hay
CEREAL RYE
The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The
most consistent stands are obtained from drilling rye into short (less than 3 inches tall) bermudagrass sod.
If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation
with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the
rate for drilled seeds. The last application of animal waste is to be applied to the bermuda prior to August
3 L An application of 50 lbs/acre of Plant Available N (PAN) may be applied between September 15 and
October 30. 'An additional 50 lbs.acre of PAN may be applied in February -March. If rye growth is
harvested on time and does not significantly shade the bermuda, PAN rates for the subsequent bertnuda
crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which
ever conies first. This is necessary to minimize the potential for shading bermuds and reducing its yields.
ANNUAL RYEGRASS
Annual ryegrass should be planted by October 15 to provide the best opportunity to get winter growth.
The most consistent stands are obtained from drilling ryegrass into short (less than 3 inches tall)
bermudagrass sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed
by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds
should be 1.5 times the rate for drilled seeds. The last application of animal waste is to be applied to the
bermuda prior to August 31. An application of 50 lbs/acre of PAN may be applied between September
15 and October 30. An additional 50 lbs. acre of PAN may be applied in February -March. If additional
PAN is applied to the ryegrass in April -May, the PAN rate for the bermuda must be reduced by a
corresponding amount. This is necessary because ryegrass growth during April -May will reduce
bermuda yields and shorten the time bermuda can fully utilize the N. A harvest is required by heading or
April 7, which ever comes first to prevent shading of emerging bermuda during April -May period. To
favor the production of the bermuda, additional harvests of ryegrass will be required when the ryegrass
canopy reaches 12 to 15 inches height.
The following crop note applies to field(s): 10, 6
Cereal/Annual Rye Ovcrsceded — Grazed
CEREAL RYE
The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The
most consistent stands are obtained from drilling rye into short (less than 3 inches tall) bertnudagrass sod.
If drilling is not possible, the seeds may be broadcast on short Bermuda sod followed by a light cultivation
. . ................ .I.....
69290) Database Version 1.06 Date Printed: 12-21-2000 Crop Note Page 4

09110/2009 12:58 8626913 BLADEN CO DOA PAGE 11
with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the
rate for drilled seeds. The last application of animal waste is to be applied to the bermuda prior to August
31. An application of 50 lbs/acre of Plant Available N (PAN) maybe applied between September 15 and
October 30. An additional 50 lbs.acre of PAN maybe applied in February -March. If rye growth is
harvested on time and does not significantly shade the bermuda, PAN rates for the subsequent bermuda
crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which
ever comes first. This is necessary to minimize the potential for shading Bermuda and reducing its yields.
The PAN rate for grazed systems with bermuda overseeded with cereal rye must be reduced by 25%.
ANNUAL RYEGRA.SS
Annual ryegrass should be planted by October 15 to provide the best opportunity to get winter growth.
The most consistent stands are obtained from drilling ryegrass into short (less than 3 inches tall)
bermudagrass sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed
by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds
should be 1.5 times the rate for drilled seeds. The last application of animal waste is to be applied to the
bermude prior to August 31. An application of 50 lbs/acre of PAN may be applied between September
15 and October 30. An additional 50 Ibs. acre of PAN may be applied in February -March. If additional
PAN is applied to the ryegrass in April -May, the PAN rate for the bermuda must be reduced by a
corresponding amount. This is necessary because ryegrass growth during April -May will reduce
bermuda yields and shorten the time bermuda can fully utilize the N. A harvest is required by heading or
April 7, which ever comes first to prevent shading of emerging bermuda during April -May period. To
favor the production of the bermuda, additional harvests of ryegrass will be required when the ryegrass
canopy reaches 12 to 15 inches height. The PAN rate for grazed systems with bermuda overseeded with
annual ryegrass must be reduced by 25%.
The following crop note applies to fteld(s): 11, 8
Bermudagrass Coastal Plain, Mineral Soil, Moderately Well LWained.
Adaptation: Well -adapted.
In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3"
deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in. sun and
wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to Yin the row. Generally a
rate of 30 bu/ac is satisfactory to produce full grourtdeover in one or two years under good growing
conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced 1' to 1.5' in row.
For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus,
potassium and micronutrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in
the establishment year in split applications in April and July. For established stands apply 180 to 240
lb/ae N annually in split applications, usually in April and following the first and second hay cuts.
Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of
Pastures and Forages in North Carolina for more information or consult your regional agronomist or
extension agent for assistance.
The following crop note applies to field(s): 11, 8
Cereal/Annual Rye Overseeded — Hay
692901 Database Version t.06 Date Printed: 12-21-2000 Cro p Note Pa ge 5

0Ase+aaeaffie DIvIMe� ` F [phone] Web elle: Report W07834
Gmaer. Allen, Harold Caples Ax
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f• +o, 4047 Marsh Rd
i •
AbWaste Analysis Report
h►ed: 05/142009 Completed: 05/15/2009
Bb dutboro, NC 28320
Pane: 96600
Bladen Cotmty
hisrsstloa
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3 Trust Fund Commission
RE�EIVEDIRep
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oeRR-LLEREGIOMOfficE
fAo _�-
of the laborebsy4nformation-management system that makes this report possible is
through a grant from the North Carolina Tobacco Trust Fund i
Thank yon for using agronomic services to mmnage nutrients and safeguard environnu
- Steve Trazler, Commissioner o

MM AVOmk "Phone: [phone] Web site: w -VI Re"t VQM5
Gmcaer. Mien, Harold Copies to
4047 Marsh Rd
e► b
i
{ O}J
L
=Waste A nalysis Report
saved: 10/19/2009 Completed: 10/20!2009
Bladenboro, NC 28320
Far
Bladen County
k hhrmgdn
ImbersMy Resift (pub Per m he valeta ethervtlae a9ftQ
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as/1000MUM
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At
Vorth Carolina
;Co Trust Fund Commission
Reprogramming of the laborabry infiomtatiotwrmnagement system that makes this report possible h
through a grant from the North Caroline Tobacco Trust Func
Thank you for rising agronom k services to manage nuttienls and safeguard environ
- Steve Trader, Commissioner

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7 sr"
�2i2 1 ,� F44 J AVAILABLE STORAU'L L;ArAt, I i ws-p, ilea
Permit Number:." 100000 Farm Name: �5 _
Number of lagoons at facility: -- 2
operator in Responsible Charge: "> � Certificate Number:
If there is more than one lagoon at this facility, please describe in words or by drawing, which lagoon is identified as
on number 1, lagoon number 2, etc. and note (asterilc') which lagoons, it any, have designed spillways.
Lowest PointOn The Embankment
• i
Start Pump 20 Inches
26 Inches
Mid Level 32 Inches
38 Inches
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the level of liquid. p�� _
For lagoons with spt,lways, the difference between the level of liqui and the ECEVS spill may should be
recorded. MAR 15
?. Freeboard plus available storage must be recorded weekly. DENR-FAVF77n/►��Facr_in„

rwR is �9 e2: �p� 44 il AVAILABG 404 � LE �T�RACAYA%-LI : ,.� ja
V�Vl� L�[V:.L�i�� a
Permit Number: A Farm Name:
^ �•ner: , r, Number of lagoons at facility.
operator in Responsible Charge: Cer ificate Number. IIV OUd
If there is more than one lagoon at this facility, please describe in words or by drawing, which lagoon is identified as
)n number 1, lagoon number2, etc. and note (astenk 1) which lagoons, if any, have designed spillways.
•Lowest Point On The Emba meet
Start Pump 20 Inches
26 Inches
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438 Inches,
Stop Pump
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the level of liquid.
For lagoons with spTill nays, the difference between the level of liquid and the bottom of the spillway should be
recorded. r
?, Freeboard plug available storage must be recorded weekly.

IRR-2
Tract #
Field Size (wetted acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Lagoon Liquid Irri. '--�n Fields Record
One Form for Each , .,,Id per Crop Cycle
Irrigation Operator
Irrigation Operators
Address
Operators Phone #
From Waste Utilization Plan .
Crop Type V n Recortmended PAN
�[ Loading (Vacre) = (8)
(2) (3) (4) (5) (6) (7) (8)
Facility Number -
(9) 00) (tt)
NEI'
itnut
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(3 _ (2)
l�En
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Crop 6ycie Totals
Owners Signature
Certified Operator (Print)
Operators Signature
Operator Certification # 8 7 57
:.C-Clear, PC -Partly Cloudy, Ci-Cloudy, R-Rain, S-Snow/Sleet, W-Windy
leting the Irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

IRR-2
Tract #
Field Size (wetted acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
Lagoon Liquid Irri;'-�, Fields Record
One Form for Each. .,:Id per Crop Cycle
Irrigation Operator
Irrigation Operators
Address
Operators Phone #
Facility Number -
From Waste Utilization Plan
Crop Typelie Recamrrtended PAN -75
Loading (Ib/acre) _ (8)
(2) (3) (4) (5) (6 (7) (8) ( (10) 0 1)
Total
Nlinutes
ME
Total Volume
(gallons)
I
�Mm
I r " 9"
M
CIO In
E-0 mo�=109"=
Crop dycie Totals
Owne .s Signature
Certified Operator (Print)
Operators Signature__�.�d�i�/.rJ(���
Operator Certification #
:.C-Cleat, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-SnoW/Sleet, W-Windy
leting the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

IRR-2
Tract #
Field Size (wetted acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Liquid Im,"-�n Fields Record
One Form for Each. .,,Id per Crop Cycle
Irrigation Operator
Irrigation Operatofs
Address
Operator's Phone #
Facility Number
From Waste Utilizatlon Plan
Crop Type �"V� aging (Warr d PAN
Loading (Iblacre) _ (B)
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Total
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Total Volume
(gallons)
OWE
"I-
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MM
M
11 10
�iim�■��ii�
Crop Cycle Totals
WPM,
- . Owner's Signature
Certified Operator (Print)
Operator's Signature C
Operator Certification # O 2
:.C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
eting the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

IRR-2
Tract #
Field Size (welted acres) _ (A)
Farm Owner
Ownees Address
Owner`s Phone #
Lagoon Liquid Irri."- n Fields Record
One Form for Each . .,,Id per Crop Cycle
Irrigation Operator
Irrigation Operators
Address
Operators Phone #
Facility Number
From Waste Utilization Plan
Recommended PAN
Crop Type Loading (lWacre) = 8) !i
(2) (3) (4) (5) (6) (7) (a) (9) (10) (»)
Total
Minutes
9 of
Sprinklers
Total Volume
(gap
", "MM
MI-
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Crop C`Ycle Totals
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Operator Certification #_ ZG p 2
:.C-Clear. PC -Partly Cloudy, CI -Cloudy, R-Rafn, S-Snow/Sleet, W-Windy
letlng the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

r -
IRR-2 Lagoon Liquid Irrin Fields Record
One Form for Each . -sld per Crop Cycle
Tract #
Field Size (wetted acres) = (W
Farm Owner
Owners Address
Owners Phone #
Irrigation Operator
irrigation Operators
Address
Operators Phone #
Facility Number -
From Waste Utilization Plan
Crop Type p�Recommended PAN
JQ �IJF Loading (Ib/acre) = (e)00
(2) (3) (4) (5) (6) (7) (8) of (t0) (it)
off
Total
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Total Volume
(gallons)
110"'A "Sim
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ovmers Signature
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operators signature e:yV �
Operator Certification # Z l 8 Z
:.C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
leting the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

IRR-2
Trac
Field Size (wetted acres) =
Farm Owr
Owner's Addre
Ownee3 Phone
Lagoon Liquid Irri.`° n Fields Record
One Form for Each. .,;Id per Crop Cycle
Irrigation Operator
trrigation Operator's
Address
Operator's Phone 0
Facility Number. J ��
From Waste Utilization Plan .
Crop Type iC Reoommeended PAN
Loading (lb/acre) = (B)
(2) (3). (4) (5) (6) (7) (8) O (10) (it)
Aft
Total
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i Total Volume
(gallons)
(6) x (5) x (4)
mom
9-112R]OMPIC
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�m
i
j;'w' =-�40
Crop dycle Totals
. . Owners Signature
Certified Operator (Print)
Operator's Signature j-
Operator Certification # z/o0 O J
:.C-Ciear, PC -Partly Cloudy, CI -Cloudy, R-Raln, S-Snout/Sleet, W-Windy
eting the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

IRR-2
Tract #
Field Size (welted acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Lagoon Liquid Irr01 Fields Record
One Form for Each , .,;Id per Crop Cycle
Irrigation Operator
Irrigation Operator's
Address
Operators Phone #
Facility Number -
p ttFrom Waste Utilization Plan
Crop Type Recommended PAN
L _ �7�
(2) (3)_ (4) (5) (6) (7) (8) (g (t0) (11)
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Total
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�:.C-Clear, PC -Partly Cloudy. CI -Cloudy, R-Rain, S-SnoW/Sleet, W-Windy
feting the irrigation inspections must Initial to signify that inspections were completed at least every 120 minutes.

IRR-2
Tract #
Field Size (welted acres) = (A)
Farm Owner
Owners Address
Owner's Phone #
Lagoon Liquid Irri."4�n Fields Record
One Form for Each , .,:ld per Crop Cycle
Irrigation Operator
Irrigation Operators
Address
Operators Phone #
Facility Number �J -
From Waste Utilization Plan
Crop Type Recommended PANI&PAUD�f�
A' Loading (Vacre) =.(B) /1
5' too
(2) (3) (4) (5) (6) (7) (8) (9 (10) (11)
Total
ME'
Total Volume
no,",
"Im,
Rus"fo
ME
Crop Cycle Totals
Owners Signature
Certified Operator (Print)
Operators Signature
Operator Certification # 2p� O 7i
:.C-Clear, PCeParUy Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
leting the Irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.

North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN REC.E.IPT REQUESTED
Mr. Harold B Allen
4047 Marsh Rd.
Bladenboro, North Carolina 28320
Division of Water Quality
Coleen H, Sullins
Director
February 17, 2010
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NOV-2010-DV-0064
Administrative Code 15A NCAC 2T .1304
Elden Hester farm, Facility No. 09-45, Permit No. AWS090045
Bladen County
Dear Mr. Allen:
On January 29, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), inspected the Elden Hester farm and the permitted waste disposal system. We wish to
thank Mr. Harold Allen who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. AWS090045 Section V2).
On January 29, 2010 a lagoon/storage pond level was documented at 10 inches of freeboard at
lagoon 1 (were pump is located). On February 1, 2010 a lagoon survey was done by DWQ and
DS&W. The documented level in lagoon 1 was 14.52 inches. A level of 19 inches is the maximum
level allowed by your permit.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.h20.enr.state.nc.us
Dee Freeman
Secretary
One
NorthCarolina
An Equal Oppoilunity 1 Affirmadve Action Employer

Mr. Allen
February 17, 2010
Page 2
Required Corrective Action for Violation 1:
Submit a Plan of Action and follow the proposed actions outlined in your Plan of Action (POA).
On February 11, 2010 the Fayetteville Regional Office has not received the .POA. Take all
necessary additional steps to insure lagoon levels remain in compliance with Section (section III)
of your permit.
Replace markers in both lagoons with documentation certifying proper design and installation.
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours
(Permit No. AWS090045 Section III 13c).
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following first knowledge of the occurrence of a reportable permit
condition. The Division of Water Quality has no record of receiving the 24-hour notification or the
5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events
in accordance with your permit.
Violation 3:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste
Management Plan: (Permit No. AWS090045 Section II5).
On January 29, 2010 DWQ staff was investigating a complaint concerning strange water entering a
pond from a series of ditches. DWQ staff followed the strange water back through a ditch that lead
to your spray field. It was documented that waste from excessive ponding was leaving your field,
the spray gun was pulled out but no waste was being pumped. A second trip to the field to take
samples, it was documented that the spray gun was now spraying and waste continued to flow
from application field to the ditch.
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that
causes or contributes to the described violations above and take all necessary steps to insure this
violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above,
please submit the following items on or before (March 15, 2010):

Mr. Allen
February 17, 2010
Page 3
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this -farm
from January 1, 2009 to the present along with a copy of your CAWMP.
2. An explanation from the OIC for this farm regarding how this violation occurred.( section 1119)
3. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring
in the future.
4. Contain waste to your property. Recover all waste possible and record the amounts and return to
the lagoon.
Violation 4:
Failure'to notify Division of Water Quality of over applying waste in excess of the limits set
out in the CAWMP and were runoff enters ditches, surface waters or wetlands.
Permit No. AWS090045 Section III 13 a, b, d and e.
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following .first knowledge of the occurrence of a reportable permit
condition. The Division of Water Quality has no record of receiving the 24-hour notification or the
5 day written report.
Required Corrective Action for Violation 4:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events
in accordance with your permit.
Violation 5:
Failure to properly operate and maintain your land application equipment and fields.
Permit NO. AWS090045 Section 11 1.
On January 29, 2010 it was documented that your spray application equipment was spraying waste
at the reel causing excessive ponding around the hydrant. Bermuda has not been maintained. The
receiving crop is weak too no crop at all.
Required Corrective Action for Violation 5:
1. Repair spray application equipment before it is used.
2. Provide documentation that the repairs have been made.
3. Provide documentation that the cover crop was planted.
Violation 6:
Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's
permit (Permit No. AWS090045 Section I 1)

Mr. Allen
February 17, 2010
Page 4
On January 29, 2010 DWQ staff documented that waste from your spray application field reached
a ditch system that reached a pond of the adjoining property.
Required Corrective action for Violation 6:
If you have not already done so, immediately cease application methods of animal waste that
causes or contributes to the described violations above and take all necessary steps to insure this
violation does not reoccur. Recover all waste that has left the spray application field and return to
your lagoon. Record the amount of waste recovered.
You are required to take any necessary action to correct the above violations on or before
March 15, 2010 and to provide a written response to this Notice by March 15, 2010. Please
include in.your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water 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.
If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-
3300
Sincerely,
Art Bar hardt
Environmental Program Supervisor
cc: Keith Larick CAFO Unit
Toni King Murphy Brown
Danny Edwards FRO S&WC
rFRO AP files

t14
1
�ri�.ds&PtutII4ii \\JENR
d8SAS8t5tlpC'r,
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 12, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Harold B. Allen
4047 Marsh Rd.
Bladenboro, North Carolina 28320
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NOV-201.0-DV-0064
Administrative Code 15A NCAC 21' .1304
Elden Hester farm, Facility No. 09-45, Permit No. AWS090045
Bladen County
Dear Mr. Allen:
Dee Freeman
Secretary
On February 26, 2010 you received a Notice of Violation / Notice of Intent letter for the following violations:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWS090045 Section V2)
On January 29, 2010 a lagoon/storage pond level was documented at 10 inches of freeboard at lagoon 1 (were
pump is located). On .February 1, 2010.a lagoon survey was done by DWQ and DS&W. The documented level in
lagoon 1 was 14.52 inches.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Submit a Plan of Action and follow the proposed actions outlined in your Plan of Action (POA). On February 11,
2010 the Fayetteville Regional Office has not received the POA. Take all necessary additional steps to insure
lagoon levels remain in compliance with Section (section I11) of your permit.
Replace markers in both lagoons with documentation certifying proper design and installation.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 23301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 �.
Internet: vaww.h20.enr.state.nc.us t01 1t1- 0lina
An Equal Opoorluniry 1 AHirmalivC Action Employer � i/`

Mr. Allen
April 12, 2010
Page 2
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No.
AWS090045 Section III 13c)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation 3:
Failure to apply animal waste at rates in accordance with your pen -nit and Certified Animal Waste Management
Plan: (Permit No. AWS090045 Section 11 5)
On January 29, 2010 DWQ staff was investigating a complaint concerning strange water entering a pond from a
series of ditches. DWQ staff followed the strange water back through a ditch that lead to your spray field. It was
documented that waste from excessive ponding was leaving your field, the spray gun was pulled out but no waste
was being pumped. A second trip to the field to take samples, it was documented that the spray gun was now
spraying and waste continued to flow from application field to the ditch.
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to the described violations above and take all necessary steps to insure this violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before (May 15, 2010):
Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this faun from
January 1, 2009 to the present along with a copy of your CAWMP.
An explanation from the OIC for this farm regarding how this violation occurred.( section Ill 9)
A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the
future.
4. Contain waste to your property. Recover all waste possible and record amounts and return to lagoon.

Mr. Allen
April 12, 2010
Page 3
Violation 4:
Failure to notify Division of Water Quality of over applying waste in excess of the limits set out in the
CAWMP and were runoff enters ditches, surface waters or wetlands.
Permit No. AWS090045 Section III 1.3 a, b, d and e.
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 4:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation 5:
Failure to properly operate and maintain your land application equipment and fields.
Permit NO. AWS090045 Section II 1.
On January 29, 2010 it was documented that your spray application equipment was spraying waste at the reel
causing excessive ponding around the hydrant. Bermuda has not been maintained. The receiving crop is weak too
no crop at all.
Required Corrective Action for Violation 5:
1. Repair spray application equipment before it is used.
2. Provide documentation that the repairs have been made.
3. Provide documentation that the cover crop was planted.
Violation 6: Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's
permit (Permit No. AWS090045 Section 1 1)
On January 29, 2010 DWQ staff documented that waste from your spray application field reached a ditch system
that reached a pond on the adjoining property.
Required Corrective action for Violation 6:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to the described violations above and take all necessary steps to insure this violation does not reoccur.
Recover all waste that has left the spray application field and return to your lagoon. Record the amount of waste
recovered.

2
Mr. Allen
April 12, 2010
Page 4
You are required to take any necessary action to correct the above violations on or before March 15, 2010
and to provide a written response to this Notice by March 15, 2010. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
A review of the records that were submitted on March 15, 2010 for you showed that you did not submit the
following information:
1. The weeks of 12-24-2009 through 2-18-2010 you recorded no freeboard records.
2. As of April 12, 2010 the Fayetteville Regional Office had not received your 30 day POA.
3. UN completed 1RR2 forms for Hyd.7 field 4W & 4E, Hyd. 2 field 9 and Hyd: 9 field 8.
4. Outside of crop window for Hyd. 7 field 4W and 4E. (Bermuda window closes 9/30).
5. No documentation that a cover crop was planted (date planted or invoice for seed).
As a result of this review, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation: 7: Failure to Monitor and Record Freeboard Levels in accordance with your permit and
Certified Animal Waste Management Plan (Permit AWS090045 Section III 2 a).
On March 15, 2010 you submitted freeboard records with no Freeboard levels recorded from December 24, 2009
through February 18, 2010.
Required Corrective Action for Violation 7:
1. Record weekly freeboard levels.
2. If available provide missing freeboard levels for the period stated in violation 7.
3. Explanation for the missing freeboard levels.
You are required to take any necessary action to correct the above violations in 10 days of receipt of this
letter and to provide a written response to this Notice. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed in your response to the NOV
letter dated February 17, 2010.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still
deemed appropriate, it will be forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five

Mr. Allen
April 12, 2010
Page 5
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terns,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this notice, please contact Steve Guyton or me at [phone]
Sincerely,
Art nhardt
Environmental Program Supervisor
cc: Keith Lariek CAFO Unit
Toni King Murphy Brown
Danny Edwards FRO S&WC
FRO AP files

Michael P. Easley, Governor
William G. Ross .Ir., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
January 2, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Harold Allen
4047 Marsh Rd
Bladenboro NC 28320
Subject: Inspection Amendment and Clarification
Elden Hester Farm
Facility No. 09-0045
Bladen County
Permit No. AWS090045
Dear Mr. Allen,
This is clarification of several problem areas of my inspection of December 31, 2008.
Please file the enclosed inspection revision with the rest of the inspection.
I checked with our Raleigh office and you do NOT have a sludge survey exemption form
on file. You can either file for an exemption for 2008 OR conduct one as soon as possible.
Basically that would be a late survey, and you should do another one in December 2009 (unless
you are granted a rare several year extension). You do not have to use this Sludge Survey
Extension form, but can send a plain language request for.an extension. Either way, you MUST
send a COPY of all pages of the sludge survey for both lagoons (including a "map" of areas
sampled). Please keep the original on the farm.
Also our computer system shows both you and your wife as invalid Operators in Charge
(OICs) as of January 1, 2009, due to lack of continuing education credits. If this is the case (and
it may not be), you have until January 31 to obtain the necessary credits or you can retake the
OIC exam in March. One problem is that the computer list was posted on Oct 28,so will not
reflect changes since then. Another problem is that not all continuing education courses will give
you animal waste credits. If you check the invoice for the $10 fee to renew your animal waste
license, it should have on it the credits you need and when they are due. If you have any
questions you should contact the Technical Assistance and Certification Unit (TACU) in Raleigh
directly at [phone].
1 was unable to find any animal waste continuing education courses being offered in
January on the TACU website. However, due to the number of farms in this section of the state,
it is possible some could be offered. The other thing to watch is whether you could get enough
credits to be legal in only one month. Please check with your county extension agent.
The next exam is on March 12 and the application has to be in Raleigh by Feb 10, along
with the $25 fee. The two closest exam locations are Kenansville and Raleigh. An application is
enclosed and I filled out some of the top portion from our computer records, since you might
have trouble locating your earlier exam date. The Commission should accept your earlier Nortncarolina
„Va/cirally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

�cense number and exam date, if you can't find the certificate of training. It is not unusual for
operators to lapse and have to retake the exam to regain certification. It would probably be a
good idea to study your manual and check out the rules on the TACU website at
http://h2o.enr.state.nc.us/tacu/index.htm1. Newer manuals are available from your county
extension office for $25.
Assuming that your certification did run out by Dec 31, and you end up having to take (and
pass) the first exam, you would still need a legal OIC to sign off on any spray events conducted
between now and then. Please talk to some of your OIC neighbors and see if one would be
willing to help out temporarily. At this time of the year, you may need to spray on short notice. In
fact, with your lagoon levels, you will need to spray in the near future.
In his inspection of 05/21/2007, Steve Guyton mentioned that you needed to start
keeping transfer records. Unfortunately, I did not notice that previously but I now agree. I
redesigned the transfer form so that it will work for your farm and enclosed two copies. For
surface area, just multiply length and width of each lagoon. If you cannot locate the construction
information, use 91,476 for Lagoon 1 from our computer and 35,800 sq ft for Lagoon 2,
estimated from an aerial photo. I could not find construction data at Fayetteville.
New permits will be coming out in the fall: You will be mailed renewal forms in February
or March and these should be back in Raleigh by April 1, 2009.
1 apologize for any confusion caused by me or other past inspectors. If you have any
questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
�&� Pqr-�
an Schneier
Environmental Specialist
Division of Water Quality
Fayetteville Regional Office
Attachments: Inspection Revised page 3
Sludge Survey Extension form
2 Applications for Animal Waste Exam
Instructions for above
Revised Transfer Record form

NORTH CAROLINA DEPARTMENT SOF
ENVIRONMENT AND (NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 14, 2000
Elden Hester
8326 Center Road
Bladenboro, NC 28320
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 090045
Elden Hester Farin
Facility No. 09 - 45
Bladen County
Dear Mr. Hester:
You are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On February 22, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Elden Hester swine facility in Bladen
County. It was observed that the facility was irrigating and wastewater was
ponding and observed leaving the spray field. Wastewater.was also observed in a
grassed waterway. There was evidence to indicate that the gun cart had been pulled
out across the waterway, which contained a continuous flow of water and allowed
to spray waste directly in the waterway. Animal waste flowed via the waterway
and ultimately discharge into Mill Swamp which is Class "C SW" waters. Both
lagoons were also observed to be in the emergency storage level (12 inches and 18
inches).
The Division of Water Quality requests that the following items be addressed:
1. If not already completed, lower the lagoon level to the required freeboard on a
suitable waste application field as soon as weather permits and per the CAWMP.
EF c
225 GREEN STREET, SUITE 714 / SYSTEL SLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 3
Elden Hester Fann
March 14, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery .Brown, Environmental Engineer or myself at [phone].
Sin erely,
1
l
aul E. R wls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve .Lewis - Compliance Group
Howard Hobson - Carroll's Foods, Inc.

Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 [phone] / 864-8774 fax
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NCDEN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Allen, Harold
Elden Hester
4047 Marsh Rd
Bladenboro, NC 28320
Dear Permittee,
Division of Water Quality
, 1
Coleen H. Sullins �.
Director
,m
June 28, 2010
V
F,
Subject: Notice of Violation
Elden Hester
Permit Number
AWS090045
Bladen County
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstandin Fee ($)
2008PR000115
1 /11/2008
2/ 10/2008
360.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the. assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the.Division of Water 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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd.. Raleigh, North Carolina 27604 �Il�
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 Nol-thCar01111a
Internet: www.ncwaterquality.org � �9�1t�F,���/I ,
An Equal Opportunity t Afrmaiive kvon Employer � �/ `i�t L `J✓,/

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,,
--W'. x�•
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: layetteviile Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS090045)

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�C)� W A T�90
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Harold Allen
4047 Marsh Rd.
Bladenboro, NC 28320
Re:
Dear Mr. Allen:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 3, 2007
Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Hester Hog Farm
NPDES Permit No. NCA209045
Bladen County
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition III.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March 1 of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
c°`thCarolina
1Naturallbf
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterguftlity.org Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

April 3, 2007
Page 2
Mr. Johnson
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at [phone] or Miressa D. Garoma at (919)
715-6937.
Sinc ely,
Art ardt
Aquifer Protection Supervisor
Fayetteville Regional Office
cc: Facility File Bladen County-09-045 ,
APS Central Files
Murphy -Brown LLC
Division of Soil and Water, Fayetteville Regional Office
Bladen Soil and Water Conservation District

QUA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
May 1, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Elden Hester
8326 renter Road
Bladenboro, NC 28320
SUBJECT: NOTICE OF DEFICIENCY
Elden Hester Farm
Facility No. 09-45
Bladen County
Dear Mr. Hester:
William G. Ross Jr., Secretary
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On April 18, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a
routine compliance inspection of the above referenced farm in Bladen County. The inspection revealed an
overapplication of nitrogen on hydrants #4W by 1.4 pounds for the 2001 bermuda crop, #4E by 2.0 pounds for the
2001-2002 small grain, #1 by 4.0 pounds for the 2001-2001 small grain, and #9 by 3.0 pounds for the 2001-2002
small grain. This is a violation of the General Permit issued to this facility under Section II., Operation and
Maintenance Requirements, Number 4., which states: "Land application rates shall be in accordance with the
CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or
result in runoff during any giver, 2ppli-_atign." It was also noted tbaCe copy of the Insert, Odor, and Mortality
checklist was not included with the farm paperwork.' Irrigation records were not being maintained utilizing the
wetted acre determination completed by Sam Warren.
The Division of Water Quality requests that the following item(s) be addressed:
1. Avoid overapplication of nitrogen either agronomically or hydraulically.
2. Include a copy of the Insect, Odor, and Mortality checklist with the farm paperwork.
3. Irrigation records must be kept utilizing the wetted acre determination completed by Sam Warren.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
225 GREEN STREET- SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.ENR.S"rATE.NC.US/ENR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Hester
5-1-02
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If you have an explanation for this violation that you wish to present, please respond to this office by
May 30, 2002. If you have any questions concerning this matter, please do not hesitate to contact me at (9 10)
486-1541.
Sincerely,
M. Paul Sherman
Environmental Engineer
Cc: Compliance Group -Raleigh
Trent Allen-DSWC Fayetteville Office
Christopher Bordeaux -Bladen Co. NRCS
Central Files -Raleigh

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ELDEN HESTER
8326 CENTER ROAD
BLADENBORO NC 28320
Dear Elden Hester:
2 9 >C01
kiz ..
NCDENR
NORTH CAROLINA DEPARTMENT OF
'q ENVIRONMENT AND NATURAL RESOURCES
March 23, 2001
Subject: Notice of Violation and Revocation for Nonpayment
Elden Hester
Permit Number: AWS090045
Bladen County
In accordance with North Carolina General Statute 143-215.1 OG, 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 12/2/1997.
Your annual permit fee for the period of 12/2/2000 - 12/l/2001 is $300.00. Your payment was due 3/2!2001.
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 your 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
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
KetT T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Bladen Coun Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

O�pF W A rj go . Michael F. Easley, Governor
0 7 William G. Ross Jr., Secretary
> r North Carolina Department of Environment and Natural Resources
`C Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Elden Hester
8326 Center Road
Bladenboro, NC 28320
Re: Notice of• Violation/Notice of Intent
Animal Facility Annual Certification Form
Elden Hester
NPDES Permit No.NCA209045
Bladen County
Dear Elden Hester:
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition III.12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwaterq ruality.ore Location: 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
tWtCarolina
rally
Telephone:
[phone]
Fax 1:
[phone]
Fax 2:
[phone]
Customer Service:
[phone]

Elden Hester
Page 2
April 25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certifidation Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
47&..�a..�-�
Stephen . Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 09-45
APS Central Files
Carroll's Foods, Inc.
Division of Soil and Water, Fayetteville Regional Office
Bladen Soil and Water Conservation District