090061_ENFORCEMENT_20171231

January 13, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kenneth Kinlaw
3160 Horseshoe Rd,
Bladenboro, North Carolina 28320
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H,0217
Kinlaw Nursery # 1, # 2, # 3
Facility No. 9 - 61
Bladen County
Dear Mr- Kinlaw:
�VW
Michael F. Easley, Governor
I
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a Non -discharge General Permit for the subject animal
waste disposal system pursuant to North Carolina General Statutes 143 - 215, you have been found to be in
violation of your General Permit.
On January 13, 2005, staff from the Fayetteville Regional Office of the Division of Water Quality inspected Kinlaw
Nursery # 1, # 2, # 3 in response to a complaint. The DWQ Inspectors discovered evidence of a waste release from
the irrigation event that was in progress. At the time DWQ staff found evidence that waste had exited a low area of
the back comer of the spray field and entered into a ditch bordering that side of the field. Here the waste,
approximately less than 25 gallons, mixed with freshwater that was standing in the ditch prior to the waste
introduction. Mr. Kenneth Kinlaw, the farm manager, was present and immediately began to try and formulate a
containment and recovery plan- The ditch outlet was diked and the waste/freshwater mixture was recovered using
buckets and a backhoe. The waste was applied back onto to the spray field within three hours of the incidence
discovery. The waste did enter the ditch and mix with waters of the state. Subsequent follow up documented a
completed clean up with minimal potential adverse environmental impacts observed.
During the DWQ inspections, the following violations were noted:
Violation 1: Any discharge of waste that reaches surface waters is prohibited. Contained in your General
Permit and CAWMP ( Permit No. AWS090061, Required Specifications For Animal Waste
Management #1.)
On January 13, 2005, waste resulting from an application had exited the farm spray field and had
accumulated in the adjacent bordering ditch. This resulted in the waste mixing with fresh water already in
the ditch. Your General Permit states " waste shall not reach surface waters or wetlands by runoff, drift,
manmade conveyances, direct application, direct discharge or through ditches not otherwise classified as
state waters. Any discharge of waste that reaches surface water is prohibited. This constitutes a violation of
your Permit.
a..
t orthCarolina
f1 �nlurnU�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC; 27691)-1617 Phone [phone] Customer Service
Internet: h2o.enr.slatemc_us ; 12 N. Sali.hury St. Raleigh, NC 27604 FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 5096 Recycled/] D% Post Consumer Paper

Kenneth Kinlaw
01-13-05
Page 2
Required Corrective Action for Violation 1:
In regards to this point, Mr_ Kinlaw reacted to mitigate the release and recover as much waste as possible.
Future waste applications are required to be monitored periodically. Your Permit states at a minimum they
will be checked every 120 minutes for run-off, drift, ponding, equipment malfunction/leaks or any condition
that would result in noncompliance with your Permit.
Violation 2: Required Specifications For Animal Waste Management of Permit No. AWS090061's Nutrient
Management Plan For Animal Waste Utilization # 19. Waste handling structures, piping,
pumps, reels, ect should be inspected on a regular basis to prevent breakdowns, leaks, and
spills. A regular maintenance checklist should be kept on site.
Required Corrective Action for Violation 2:
If you have not already done so, regularly inspect the complete waste treatment system on this farm for
potential problems. If possible the causes of the spray reel and hydrant leaks should be identified, repaired,
and if needed steps taken to prevent a similar occurrence in the future. Farm staff must be informed of the
importance of reporting all waste releases to the management in a timely manner_ This will insure that
permit reporting and monitoring requirements can be followed.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry C. Baxley,
Environmental Specialist II, or myself at [phone].
Stephe_ Barnhardt
Regional -Aquifer Protection Supervisor
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh

� -A
c
August 26, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Kinlaw
3160 Horseshoe Road
Bladenboro, North Carolina 28320
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Kinlaw Nursery #1, #2, #3
Facility No. 9-61
Bladen County
Dear Mr. Kinlaw:
Michael F. Easley, Govem
William G. Ross Jr,, sccreta } `
North Carolina Department of Environment and Nannal Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby noiified 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 August 19, 2004 and August 20, 2004, staff from the Fayetteville Regional Office of the Division of Water
Quality visited your swine farm located in Bladen County as a result of a report from a Division of Water Quality
regional observation flight. The report stated that wastewater had been applied beyond the boundary of the spray
field.
During the DWQ inspections, the following violations were noted:
Violation 1: Application of animal waste on land not contained in your CAWMP ( Permit No. AWS090061,
Section Il, 2.)
When the inspectors arrived at the farm on August 19, 2004, spray irrigation was ongoing and being
applied onto the adjacent, forested area outside of what is contained in your CAWMP. According to
Section I1.2 of your Permit, "No waste may be applied upon fields not included in the CAWMP." The
application of swine waste into the forested area constitutes a violation of your Permit. -
Required Corrective Action for Violation 1:
If you have not already done so, immediately cease application of animal waste in areas not included in
your CAWMP and take all necessary steps to ensure this violation does not reoccur. The steps could
include, but are not limited to modification of CAWMP to include the new area and/or adjusting and
calibration of the spray irrigation equipment to keep animal waste inside the approved locations.
1VOtihCarolina
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-I617 Phone [phone] Customer Service
Internet h2o.emstatte.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal OpportunityylAfiirrrative Adion Employer — 50% Recydedl10% Post Consumer Paper

Mr. Kinlaw
August 26, 2004
Page 2
Violation 2: Application of animal waste in a method that caused ponding (Permit No. AWS090061 Section
I, 2.)
During the visit on August 19, 2004, the inspectors also observed severe ponding over the majority of the
spray field four hours after the irrigation of the area. There was evidence of runoff into the adjacent,
forested area, however there was no evidence that the runoff reached Waters of the State. During the
follow-up visit on August 20, 2004, the inspector observed continued ponding on the spray field but in a
much lesser extent. According to Section 1.2 of the General Permit, "Any violation of the CAWMP shall be
considered a violation of this general permit and subject to enforceable actions." The observed ponding on
the spray field is not allowed by your CAWMP and constitutes a violation of your Permit.
Required Corrective Action for Violation 2:
If you have not already done so, immediately cease application methods of animal waste that causes or
contributes to ponding such as was observed on August 19th and 20th, 2004 and take all necessary steps
to ensure this violation does not reoccur. The steps could include, but are not limited to modification of
CAWMP and/or adjusting and calibration of the spray irrigation equipment to keep animal waste from
ponding.
The Division of Water Quality requests that in addition to the specified corrective actions above, please submit the
following items on or before September 27, 2004:
1. Copies of all the pumping records, lagoon levels, and waste analyses for this farm within the last year along
with a copy of your CAWMP.
2. Please have the OIC for this farm include an explanation as to how these violations occurred.
3. Please have the OIC include a list of the steps that will betaken to prevent these violations from occurring
in the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer, or myself at [phone].
Sincerely,
Stephe6A karnard 1
Regional Aquifer Protection Supervisor
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh

RECEIVED
OCT 2 6 2004
TPM - rAYMEMLLE REGIONAL OFFICE
To : Division of Water Quality
Kenneth Kinlaw Jr.
369 Soup Haire Rd.
Elizabethtown, N.C. 28337
Oct. 25, 2004
I am responding to the letter I received on Oct. 23, 2004 pretaining to the irrigatin event
that took place on August 19, 2004. On the IRR -2 form for Hydrant H the time should
have been 1:00 to 4:00 p.m. I wrote the date down and didn't record the time till later.
This caused me to record the wrong time.
Sincerely,
f
Kenneth Kinlaw Jr.
Certificate # 17964

W.A rF Michael F. Easley, Governor
r`O= �QG William G. Ross Jr_, secretary
North Carolina Department of Environment and Natural Resources
r/J 7Alan W. Klimek, P.E. Director
y Division of Water Quality
GS 'C
October 14, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Kinlaw
3160 Horseshoe Road
Bladenboro, North Carolina 28320
Subject: ADDITIONAL INFORMATION REQUEST
Administrative Code 15A NCAC 2H.0217
Kinlaw Nursery #1, #2, #3
Facility No. 9-61
Bladen County
Dear Mr. Kinlaw:
On September 23, 2004, your response to the Notice of Violation, dated August 26, 2004, was delivered to the DWQ
Fayetteville Regional Office. In reviewing the irrigation records, I discovered a discrepancy between what was recorded
on the IRR -2 form for Hydrant H and what DWQ personnel observed in the field on August 19, 2004. The form has
irrigation start and stop times recorded as 7:30 and 10:30 respectively, however observation of the irrigation event took
place during that afternoon.
Please provide additional information regarding the irrigation event on August 19, 2004, addressing this discrepancy with
as much supportive information as you are able to provide. The Division of Water quality requests that your response be
received by November 1, 2004.
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Todd A. Bennett
Environmental Engineer
�� Division of Water Quality/Aquifer Protection Section
MENR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX [phone]
Internet: htt :11 w. ehnr_state. nc.us
Customer Service: [phone]

�- ivision of Water Quahty, F
4 0,Div6ion "fSoilandWater'Conservagon y
0 Other'Agency
Type of Visit ® Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 9 61 Date of Visit: 812t1l2004 'Time-, 12:00 pm
Q Not Operational Q Below Threshold
M Permitted ® Certified [3 Conditionally Certified © Registered Date Last Operated or Above Threshold: .........................
Farm Name: KiA1AW.Nixrat: y.#J,.#2s.#3 ............................... County: Blade>a................................ .............. ER.O......-----..
Owner Name: Kelangth ................................. Kinlaw .....................
Phone No: 9.1,0-648,18.16-..........
Mailing Address: 3.16Q.HVX.$ h.0e.l d...."....".................................................................. J3bdCob.Qro_N.0 .................................................... 2.832,9 .............
FacilityContact:.............................•.........".----.----.Title:.........------..---.--..--..........-----...................... Phone No:...........-----.--.---.............."-............
Onsite Representative:..................""......................................"-".........................................-.... Integrator: RAA!h�At:S.at.lG�IrQli�a,.Xae..-.........................."....
Certified Operator: KV,nJAellt G, ........................... ]I,{,1AjawjjcK ...................................... Operator Certification Number: JL79.6.4 .............................
Location of Farm:
4rom Elizabethtown, take Hwy 701 South to Hwy 242, turn right and farm on right approximately 5 miles. +
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F-3-47]0 34 4 OS " Longitude 78 • 41 4 38 u
Design, Current s s . Ue§ign Current r= Desig
Swine ti - Ca' aci '. Po ufation Poultry , r Ca" aci Po ulatioii Cattle *' Ca aci
® Wean to Feeder 7800
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ harrow to Finish
❑ cuts
❑ Boars
".
Number of Lagoons 3
Hnlrliho pr�edc 1 Cnlirl,Tranc i
❑ Layer ❑ Dairy
❑ Non -Layer ❑Non -Dairy
❑ Other
_ Total. Design Capa6tty"
o -•�Current -" '
ty Po uiation
7,800
.;` z: < TotA SSL" W L 234,000
Discharges & Stream impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
[I Yes El No
[]Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Structure 6
Identifier:
Freeboard(inches): ....... .................................................................... ............................................................................
12/1211.3 Continued

FaciGtu Number: g-61 Date of Inspection 8/20/2004
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or ❑ Yes ❑ No
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ 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
❑ Yes
❑ No
elevation markings?
Viewed area of yesterday's irrigation event. The majority of the liquid has soaked into the soil, but there was still some standing water in
Waste Aimlication
inlaw. He has noticed that the soil is slow to take the water. He misjudged the reel rate which led to the high volume of water. He has
10.
Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
]I.
Is there evidence of over application? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ Excessive Ponding ❑ PAN []hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
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
Odor issues
IT 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?
18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
19. 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)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ❑ No
Air Quality representative immediately.
Comments refer #o question #): Explain any 1'ES answers andlor any recommendations or any other comments.
Use drawings of facility to better:ex plaia situations. (ase additional pages as necessary): [} Field Copy ElFinal Notes
0
Viewed area of yesterday's irrigation event. The majority of the liquid has soaked into the soil, but there was still some standing water in
me of the rows. The area near the house was recently planted for the first time, but it is covered by the waste plan according to Mr.
inlaw. He has noticed that the soil is slow to take the water. He misjudged the reel rate which led to the high volume of water. He has
offered to stop irrigating the new area to avoid any problems in the future.
Reviewertinspector Name Todd A. Bennett
Reviewer/Inspector Signature: Date:

Type of Visit jS Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint 0 Follow up O Emergency Notification Q Other ❑ Denied Access
Facility Number
! % Bate of Visit: 2D1 Time: = 9 a
Ll�
O Not Operational O Below Threshold
10 Permitted [3 Certified ❑ Conditionally Certified 0 Registered Date Last Operated or Above Threshold:
Farm Name: ti v t&&,± FctrWLS f County:..... 91Lf'v%- ... .....
Owner Name: w . ��...��,1F1, ka.�.. Phone No: Ci l0 `
Mading Address:
Facility Contact:
Title:
Phone No:
Onsite Representative: _ _ _ .. .. _ integrator.
Certified Operator: _ .. _. , , , Operator Certification Number:
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude • ' " Longitude • ' �u
Discharges & Stream )Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'? ❑ Yes ❑ No
b_ If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gaUrnin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (inches):
12112103 Continued

Facility Number: Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
❑ Yes
❑ No
seepage, etc.)
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b. Are there structures on-site which are not properly addressed and/or managed through a waste management or
0 Yes
❑ No
Closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
w a (cratd'..�..., --4o Mr. �'^ �a v.� •
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immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancelimprovement?
❑ 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
❑ Yes
❑ No
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
11. Is there evidence of over application? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
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
Odor Issues
17. 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?
18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, buildmo structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air duality concern? If yes, contact a regional ❑ Yes ❑ No
Air Quality representative immediately.
❑ Feld Copy ❑ Final Notes
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ReviewerAnspector Name :z. �
Reviewer/Lmgmxtor Signature:
12tJ2/03
r -a e k el -6,
'P'-- V-0. .
Date:
Carrtireued

Facility Number: aj _ (-.12-iDate of Inspection flu
Reauired Records & Documents
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No
22. 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
23. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No
❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling
24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
25. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No
26. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No
27_ Did Reviewer/Inspe= fail to discuss reviewimspection with on-site representative? ❑ Yes ❑ No
28. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No
29. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
NPDES Permitted Facilities
30. Is the facility coveted under a NPDES Permit? (if no, skip questions 31-35) ❑ Yes ❑ No
3I. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No
32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No
33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No
34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No
35. Does record keeping for NPDES required fortes need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After I" Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
113 No violations or deficiencies were noted during this visit. You wtfI receive no further correspondence about this visit
iV16_-- , r
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127/72/(!3

RECEIVED
SEP 2 3 2004
DHVR -
11YE1rEVLU REGIOW OFRCE
To: Division of Water Quality
Kenneth Kinlaw Jr.
369 Soup Haire Rd.
Elizabethtown, N. C. 28337
September 14, 2004
On August 19, 2004,1 made a pull using Hydrant —H. On this day, I made a
different pull from the past. Mr. Kinlaw said I could use some more of the land that was
in the plans that I had not irrigated on before. When I started pumping it looked as
though water was falling in the field but it was hitting the edges of some of the tree limbs.
Into the pumping cycle, I saw some ponding and increased the speed of the gun and that
corrected the problem.
Solution to prevent this type of accident from happening -
Do not pull gun cart out to that specific area.
Make the original pull from now on and speed up pull as necessary.
Keep a close watch on all areas being irrigated
I will take all necessary steps to ensure this violation does not occur again.
Sincerely,
Kenneth Kinlaw Jr.
Certificate #- 17964
jjVyo� RXA� -

1► - r ML
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A&f
Adlllll�_ kf
1DEHNR
DIVISION OF WATER QUALITY
July 30, 1997
Mr. Kenneth Kinlaw
3160 Horseshoe Road
Bladenboro, N. C. 28320
SUBJECT: NOTICE OF DEFICIENCY
Kenneth Kinlaw Swine Farm I - 4
Facility No. 09- 61, 62,148, & 149
Bladen County
Dear Mr. Kinlaw:
On July 24, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an annual inspection at Kinlaw Nursery Swine Farms 1-4 to determine compliance with
their certified animal waste management plan (CAWMP). At the time of the investigation our staff
confirmed that the facility had not planted all the required crops (soybeans and or wheat). In
addition, some of the waste application fields were planted in another crop (corn) at Nursery # 4
(09-148) or were not planted with any crop (for example the 14 acre field in which a hoghouse and
lagoon are sited). Only 21 of the required 40 acres of waste application spray fields for Nursery
1-3 were planted in soybeans as required in the CAWMP issued July 23, 1997 . The waste
application records were not completed because no waste analysis samples had been collected. The
facility had no grass cover in several areas on the lagoon dikes at Nursery # 3. In addition, you are
requested to address the following items:
Immediately collect the required waste analysis sample from each lagoon to allow for waste
application on the crops at agronomic rates.
2. Begin immediately to record all waste applications on the IRR -2 form or a similar forrn per
hydrant rather than per field.
3. Plant a cover grass on the bare spots on the lagoon dikes at Nursery # l (outside slopes),
Wachovia Building, Suite 714, Fayetteville NO FAX [phone]
North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 100% post -consumer paper

/ + •
Page 2
Mr. Kenneth Kinlaw
July 30, 1997
Nursery # 3 on the inside slopes and Nursery # 4 on the inside comers to prevent erosion.
4. Contact a technical specialist to rewrite the CAWMP's to allow for the appropriate crops that
are currently being grown (Nursery # 4), and to determine the actual acreage in the waste
application fields (Nursery # 1-3) that can be irrigated adequately with the existing irrigation
system.
Please provide a written response to this office on or before October 17, 1997, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
MUTar.i
c: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Sam Warren, BIaden County NRCS

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State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A�Tpw
N
AOM%
1DEHNR
DIVISION OF WATER QUALITY
July 30, 1997
ERMIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth Kinlaw
3160 Horseshoe Road
Bladenboro, N. C. 28320
SUBJECT: NOTICE OF DEFICIENCY
Kenneth Kinlaw Swine Farm 1 - 4
Facility No_ 09- 61, 62,148, & 149
Bladen County
Dear Mr. Kinlaw:
On July 24, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an annual inspection at Kinlaw Nursery Swine Farms 14 to determine compliance with
their certified animal waste management plan (CAWMP). At the time of the investigation our staff
confirmed that the facility had not planted all the required crops (soybeans and or wheat). In
addition, some of the waste application fields were planted in another crop (corn) at Nursery # 4
(09148) or were not planted with any crop (for example the 14 acre field in which a hoghouse and
lagoon are sited). Only 21 of the required 40 acres of waste application spray fields for Nursery
1-3 were planted in soybeans as required in the CAWMP issued July 23, 1997 . The waste
application records were not completed because no waste analysis samples had been collected. The
facility had no grass cover in several areas on the lagoon dikes at Nursery # 3. In addition, you are
requested to address the following items:
Immediately collect the required waste analysis sample from each lagoon to allow for waste
application on the crops at agronomic rates.
2. Begin immediately to record all waste applications on the IRR -2 form or a similar form per
hydrant rather than per field.
3. Plant a cover grass on the bare spots on the lagoon dikes at Nursery # 1 (outside slopes),
Wachovia Building, Suite 714, Fayetteville ����C FAX [phone]
North Carolina 28301-5043 `� An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. Kenneth Kinlaw
July 30, 1997
Nursery # 3 on the inside slopes and Nursery # 4 on the inside corners to prevent erosion.
4. Contact a technical specialist to rewrite the CAWMP's to allow for the appropriate crops that
are currently being grown (Nursery # 4), and to determine the actual acreage in the waste
application fields (Nursery # 1.3) that can be irrigated adequately with the existing irrigation
system.
Please provide a written response to this office on or before October 17, 1997, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist ,
KTS/RFH
c: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Sam Warren, Bladen County NRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A;;;,R;v
[DEHNR
DIVISION OF WATER QUALITY .
July 30, 1997
Mr. Kenneth Kiniaw
3160 Horseshoe Road
Bladenboro, N. C. 28320
SUBJECT: NOTICE OF DEFICIENCY
Kenneth Kinlaw Swine Farm 1 - 4
Facility No. 09- 61, 62,148, & 149
Bladen Courcy
Dear Mr. Kinlavc
On July 24, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an annual inspection at Kinlaw Nursery Swine Farms 1-4 to determine compliance with
their certified animal waste management plan (CAWMP). At the time of the investigation our staff
confirmed that the facility had not planted all the required crops (soybeans and or wheat). In
addition, some of the waste application fields were planted in another crop (corn) at Nursery # 4
(09-148) or were not planted with any crop (for example the 14 acre field in which a hoghouse and
Iagoon are sited). Only 21 of the required 40 acres of waste application spray fields for Nursery
1-3 were planted in soybeans as required in the CAWMP issued July 23, 1997 . The waste
application records were not completed because no waste analysis samples had been collected. The
facility had no grass cover in several areas on the lagoon dikes at Nursery # 3. In addition, you are
requested to address the following items:
I. Immediately collect the required waste analysis sample from each lagoon to allow for waste
application on the crops at agronomic rates_
2. Begin immediately to record all waste applications on the IRR -2 form or a similar form per
hydrant rather than per field.
3. Plant a cover grass on the bare spots on the lagoon dikes at Nursery # l (outside slopes),
WaCI)oVio Building, Suite 714, Fayetteville���� FAX [phone]
North Carolina 28301-5043 ��IC An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

r• .
Page 2
Mr. Kenneth Kinlaw
July 30, 1997
Nursery # 3 on the inside slopes and Nursery # 4 on the inside corners to prevent erosion.
4. Contact a technical specialist to rewrite the CAWMP's to allow for the appropriate crops that
are currently being grown (Nursery # 4), and to determine the actual acreage in the waste
application fields (Nursery # 1-3) that can be irrigated adequately with the existing irrigation
system.
Please provide a written response to this office on or before October 17, 1997, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
KTS/RFH
c: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Sam Warren, Bladen County NRCS

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4

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Kenneth Kinlaw
Kinlaw Nursery #2
Route 3 Box 719
Bladenboro NC 28320
November 13, 1996
SUBJECT: Operator In Charge Designation
Facility: Kinlaw Nursery #2
Facility ID#: 9-62
Bladen County
Dear Mr- Kinlaw:
FR'EC(� V
Nov 19 1996
FAY�'EIALL P
PFG. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on-going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
A. reston Howard, Jr., Ltor
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687. 1W ;&
Raleigh, North Carolina 27611-7687 NVf An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 - - 50% recycled/100/. post -consumer paper

Division of Environmental Management 19.
Animal Feedlot Operations Site Y•33sitation Record
raw: 10 0—
. Central b&rmados:
Fa>an N r sQr - 1 (7Dsmi11: u
Own3>;r Name: l�cev,��- '� �4•,� _ - _ . J% m: No; G4 8 YV t�
On Site Representadw tegrator: go
Mailing Address: P. o. �5, �2 3'1 -- ._
W3C- -2'933,
Physical Ad &&=d=- a�� T3 �.�•�
Latitnde:� �j�_/ Loa 'tude: 1 I
Qeratlon Description: (based on dawn characteristics)
Type of Swine Na of Animals Type of Poultry No. of Anhmcb Type of Cagle No. of Animals
"May Com O Non -L "a G Baef
13 f%cd=
fterType ofLive we Nwnber ofMimah-
Number of Lagoons; i— (include in the Drawings and Observations the freeboard of each lagoon)
Facility 1315[ prction:
Lagoon
Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage?:
Yes O
No)W
Is seepage observed from the Iagoon?:
Yes 0
No 9r,)
Is erosion observed?: "`�
Y�
No 0
ek t�.r•
Is any discharge observed? a t,
Yes 0
Nd -A
O Man-made D Not man-made
Cover CnVp
Does the: facility need mom acreage for spraying?:
Yea 0
No;e
Does the cover crop need improvement?:
Yes 0 .
Nom,
( fia the cops whirA need LVrovanm) 7
Crop type: 6o 54J j Cttn - _ ,
Setback Graiterfa
,
Is a dwelling located withi3 200 fret of waste application?
Yes 0
No zW
-Is a well located within 100 feet of waste application?
Yes 0.
N
Is animal waste stocicp0ed within 100 feet of USGS Blue Line Stream?
Yes 0
No
• 'Is animal waste land applied of spray irrigated within 25 feet of Blue Lime Stream?
Yes O
N612-
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Farm NameJOwnff:
Mailing Address:
Site Requires Immediate Attention: NO
Facility No. 09 — & -z-
DIVISION
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: use 3 , 1995
Time: / 3 ` 4- (._
Kim jaw Nuyser4 0--z / A�r ,ve_4-1, Ki iv 1d
de�v%G rD NC 2 73Zo
County: Blade.v
Integrator: my 1, A.;/,
r.�s Phone:
On Site Representative: Kens e C a va Phone:_ ( 910) & �L f - 'w?/ 6
Physical Addresvlxmtion: Ac zVz
Type of Operation: Swine ✓ Poultry Cattle
Design Capacity: Z &oo flu.., . Number of Animals on Site: _ 22 Goo
DEMCertificationNumber: ACE DEM Certification Number: ACNEW
Latitude: • s Longitude: s w
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) �e or No Actual Freeboard: 3 Ft. __a_Inches
Was any seepage observed from the lagYaon{s)) Yes ori Was any erosion observed? Yes or�
Is adequate land available for spray? or No Is the cover crop adequate? �&or No
Crop(s) being utilized: COCL54,
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? i
• 100 Feet from Wells? 6c -Por No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes ori
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line:
No
Yes oz�
Is animal waste discharged into water of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or(JR If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? 14�br No
Additional Comments:
RiC_kc, Re.!c_1s R� ee'�
Inspector NameSignature
cc: Facility Assessment Unit Use Attachments if Needed.