090075_ENFORCEMENT_20171231

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FAX
S H E :E T
To: ` ` (A) Forrest Westall
(B) Paul Rawls
yRex,Glcason, Donald Price, Richard Bridgman
s y (D) 'Ken Schuster, Charles Brown, Ted Cashion, Judy Garrett, John Hunt,
t` and Buster Towell
(E) Jim Mulligan
- ` (F) 4ick Shiver, Stonewall Mathis
(G) Larry Coble
.(R) Bill Reid, Dennis Ramsey, Brian Wrenn
Tommy Stevens 9-510-8546
Kent Penny
J. D. Rester
Matt flynn
Ed R iilliams, Harold Quidley
Fax #: Prog4ammed
Snbjee.&October Hearings
Date: October 2, 2001
Pages: =' 3, i.n4uding this cover sheet.
_
COMMENTS:
Please alert your 6ffice personnel that the hearings for October are as posted on the attached
calendar. Everyone should look to see whcn and if the cases) they are involved in is/are going.to
be heard. 1f anyone has any questions. please call immediately.
i
From the desk of...
Janet D. Leach
Paralegal
Department of Justice
P. O. Box 629
Raleigh, NC 27602-0629
(919) 716,8948
Fax: [phone]
[e-mail]
TO 'd S£: ST TO, Z 130 9919-9i2--6T6: xPJ NOI133S QNtn 2 201dfTi

RECEIVED
DEQIDWR
JUL 14 Z016
Water Resources V` wos 1 OFF -ICE
ENVIRONMENTAL QUALITY FAYE77EVIL E REGIONAL
July8, 2016
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
John Stoker
JC Farm 1
2801 Peanut Plant Rd
Elizabethtown, NC28337-8337
Dear Permittee,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Notice of Deficiency
JC Farm 1
Permit Number AWS090075
Bladen County
Director
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 A 105(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
Due Date
Outstanding Fee $
2015PRO 10429
12/6/2015
60
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 Resources 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 Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd-
State of North Carolina I Environmental Qualiry I Water Resowees/Water Quality Regional operations
1636 Mail scrvi. e 6A11W j Raleigh, tionik Cmuliva 27699-1636
919 907 6464

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS090075)

RECENEDIDENWDWR
Vaster Quality Regioslal
A&�
42=
HCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
January 27, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J Stoker
JC Farm 1
2801 Peanut Plant Rd
Elizabethtown, NC28337-8337
FEB 12 «15
F Reg
ns selortdiat OF11oeotl
Natural Resources
Subject: Notice of Deficiency
JC Form I
Permit Number: AWS090075
Bladen County
Dear Permittee,
Donald R. van der Vaart
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 the Division of
Water Resources (Division).
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee (S)
2013PRO 10298
12/5/2013
60
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 Resources 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 Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Perini! Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Ser%ice Center
Raleigh, NC 27699-1617
Phone. [phone]
-colitd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone]; Internet: http.11www.ncwater.org
An Equal Opportunity 1 Affirmative Acton Employer — Made in part by recycled paper

If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
P'�'
ra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS090075)

of WA6i
rF9
� r
August 31, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bob Bilbrey
657 Old Tram Road
Clarlcton, North Carolina 28433
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Bilbrey Farm #1 -
Facility No. 9-75
Bladen County
Dear Mr. Bilbrey:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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 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 referral from the North Carolina Division of Soil and Water
Conservation. The referral stated that wastewater had been over -applied to a spray field consisting of a non -
harvested winter annual crop.
During the DWQ inspection, the following violation was noted:
Violation 1: Application of animal waste nutrients (PAN) in excess of your CAWMP ( Permit No.
AWS090075 Section 11, 2.)
The 2003/2004 oat crop on Field #2 received a total of 49.6 lb PAN/acre while the appropriate rate is 30"Ib
PAN/acre for cover crops not harvested. Please refer to Section 1.25 "N Management for Nonharvested
Winter Annual Cover" of the Seventh Senate Bill (SB) 1217 Interagency Group Guidance Document... for
additional technical information
"The maximum amount of PAN which may be applied to small grain seeded as a cover crop not for
harvest is 30 lbs per acre. N application to the next crop must be reduced by the amount applied to
the small grain. This option must be stated in the waste utilization plan."
The result of the reclassification of the crop was an over -application of 19.6 lb PAN/acre, 65% beyond the
approved limit.
Required Corrective Action for Violation 1:
Reduce the PAN to the Field #2 coastal crop by 19.6 lbs. for the subsequent crop. If utilizing the
nonharvest winter cover crop approach in the future, you must modify your CAWMP to specify it.
qCarolina
tura!!r�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N, Salisbury St Raleigh, NC 27604 FAX [phone]
An Equal QpportuniiylAffinuaWe Action Employer - 50% Recydedll0% Post Consumer Paper

Mr. Bilbrey
August 26, 2004
Page 2
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. Please submit 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 over -applications occurred on
these fields.
3. Please have the OIC include a list of the steps that will be taken to prevent this type of violation from
occurring in the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer, or myself at [phone],
Sincerely,
Steph A. Barnhardt
Regional Supervisor
SBltab
cc: Keith E_arick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh

O� WArF9
0 �
September 3, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bob Bilbrey
657 Old Tram Road
Clarkton, North Carolina 28433
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 21-1.0217
Bilbrey Farm #1
Facility No. 9-75
Bladen County
Dear Mr. Bilbrey:
Michael F_ Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Depamnent of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter is to clarify a mistake made in the Notice of Violation dated August 31, 2004 issued to you for over
application of PAN under permit AWS090075. The corrective action you were given was incorrect. The entire
amount of PAN 49.6 Ibsfacre for field 2 must be deducted from the subsequent crop. If you have and questions or
need clarification please feel free to contact Mr. Todd A. Bennett, Environmental Engineer, or myself at (910) 486-
1541.
Sincerely,
SBltab
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh
No Carolina
North Carolina Division of Water Quality 1617 Mail Service Center Ralcigh, NC 27699-1617 Phone [phone] Customer Service
Intemet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal OpporhuiitylAffumative Action Employer — 50% Recycledl10% Post Consumer Paper

�O(� i l) A 7' 9 Michael F. Easley, Governor
`O G William G. Ross Jr., Secretary
co r
y North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
5 -.'c Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bob Bilbrey
657 Old. Tram Road
Clarkson, NC 28433
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Bilbrey Farm #1
Facility Number 09-75
Bladen County
Dear Mr. Bilbrey.-
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
�A
NCDENIR
Customer Service: Mailing Address: Telephone: [phone] Location:
1 Boo 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St,
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.en r. state. nc. us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 09-75
Non -Discharge Compliance and Enforcement Unit
Central Files

�oF w A rF�p Michael F. Easley, Govemor
�O G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bob Bilbrey
657 Old Tram Road
Clarkton, NC 28433
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Bilbrey Farm #1
Facility Number 09-75
Bladen County
Dear Mr. Bilbrey:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
�A
t—CD MN
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity i Affirmative Action Employer
50% recycled 1 10% post -consumer paper
h ttp JI h2 o. e n r. state, n c. us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 09-75
Non -Discharge Compliance and Enforcement Unit
Central Files

yY
VP
MEMO
"h"
Pi,'Ca" and Regional Offices of DWQ and other listed witnesses
eclkOdR Hearings
a; . . .
. . . . . . . . . . .
eamdar for October is very light for hearings.
Several of the cases that were
d "have been settled and some of the remaining ones are in settlement
a i,fiii tilvod in any of these cases please note the following:
]REARING DATE
STATUS OF CASE
week of October 1, 2001
SETTLED
-week of October 8, 2001
SETTLED
week of October 8, 2001
SETTLED
week of October 8, 2001
week of October 22, 2001
PETITIONER WITHDREW
week of October 22, 2001
as Tiffey (2 !cases) week of October 22, 2001
week of October 29, 2001
SETTLED SS P
October 29, 30 & 31, 2001
SETTLEMENT CLOSE
TO FINALIZATION
pltase call if you
ay 150 is not final at -this time,
in settlement negotiations and are expected to be settled before the
any questions [phone].
PO
R
92..GT 10. Z 130
99Z9-9TZ-6T6: xPJ NOI1D3S aNb8 d31UM

UIH I LK 6 LHIND SLU I I UN r ax : 919- (l b-b �66
May 3 '01 10:31
P. 01
I
VAX #:
i,
).
7 rom:
L�:ubjcct:
State of North Carolina
Department of Justice
FLAJ .dGH
2 7602-0629
FAX TRANSMISSION
ENVIRONMENTAL DIVISION
9 1 9-7 1 &6600
FAX: 9 1 Q-7 1 5-6766
ATTORNEY -CLIENT PRN'ILEGED DOCUMENT
AND ATTORNEY WORK PRODUCT
NOT PUBLIC RECORD PURSUANTTO N-C_ GEW 3TAT. 1132-I.1
URGENT PLEASE DELIVER UPON RECEIPT
Tommy Stevens, Dir - DWQ Date: May 3, 2001
Paul Rawls, Reg. Sup. - FRO
Bob Heath, FRO
Jeffrey Brown, FRO
Programmed
Mary Dee Carraway/ Janet Leach
Bob Bilbrey Farm #9-75
WQPC 00-044, 01 EHR 0567
f
0 )MMF,NTS:
i
Pages: 3. including this cover sheet
P_lmsc take -notice of the attached informatioojn1he aboyg Lsfmnscd matter. If you
h2�ve any questions, please contact me. Thank you.
i

whILN C. LHIVU ZtLUIiLUN rax;ylY-rlb—bfbb may 5 -ul 1u:51 P.02
Z Y
� 5
StatC of North Carolina
l im ;:0 PER Departmerlt Of Justice =,. Rcrl, m:
,k1T()HNI:Y [il::sNEFUNL P. O. BOX 629 Mary rice carraway
RALEIGH Envbonm=W Division
�7(iU� u62A Tel; [phone]
Fax: [phone]
MEMORANDUM
T1.): Tommy Stcvens, Director of Water Quality
*Paul Rawls, Fayetteville Water Quality Regional Supervisor (FYI)
Bob Heath, Fayetteville Regional Office
k Jeffrey Brown, Fayetteville Regional Office
i
IF) ROM- Mary Dee Carraway, Assistant Attorney General
DATE: -- May 2, 2001
RE: Civil Penalty Assessment Appeal by Bob Bilbrey Farm #9-75
WQPC 00-044, 01-EHR-0567
f. Please note that I have been assigned to handle the above referenced contested case_ 1 will
ne4�d to begin preparing our case as soon as possible. Please review the important dates listed
below and provide me with the requested information by either. inter -office mail or by placing mi
th:,!., Attorney General's box in the Archdale building.
s
i
May 2, 2001 Prehearing Statements and Document Constitloting Agency
F Action due to be filed with OAR.' I have a copy of the Civil
Penalty Assessment document, Assessment Factors, Case
Synopsis, Notices of Violations (3) Division of Water Quality
Compliance Inspection reports (2), Waste Utilization Plan
PLEASE NOTE: OF THE WUP, PAGES 2y 49 AND ANY
f PAGES BEYOND 6 ARE MLSSING. PLEASE SUPPLY US
WITH THE MISSING PAGES. -and any other material relevant
to this file that is not listed above -as soon as possible.
June 30, 2001 Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing.
Week Beginning
?august I3, 2001 Hearing is set in Fayetteville, NC with Fred G_ Morrison, Jr.,
Senior, Administrative Law Judge. presiding. Please mark the
baring date on your calendar. In the event a hearing is needed, you

M
WM I LM 6 LMIND >Ct- I WIN iiay o - ui iu;,v
Kay 2, 2001
Pajy,,e 2
have been fisted as witnesses. If you feel your name should not be
included on the witness list, please call us. If you feel anyone has
been omitted who should be listed, please call us.
If you have any questions or comments regarding this case, please call me at:
(9',,1.9) 716-6967.
7
NOT INCLUDED ON THE WITNESS LIST

' �'>r2o
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
Mr. Bob Bilbrey
657 Old Tram Road
Clark -ton, NC 28433
Dear Mr. Bilbrey:
1••
NCDENR
�� [] L ���� NORTH C.AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
,L
SUBJECT:
February 21, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Violations of 15A NCAC 2H .0217
and G. S 143-215.1
Farm # 9-75
Bladen County
File No. PC 00-044
This letter transmits notice of a civil penalty assessed against Bilbrey Farm #1 in the
amount of $2,638.28 which includes $138.28 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. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty: -
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% rec►rled / 10% post -consumer paper
http://712o_ enr. state. n c. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(aj 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:
Mr. Steve Lewis
NCDENR-
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand --deliver a Copy of the petition to:
Mr. Dan McLawhom
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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.
1f you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
,C�z Ny�_�
Kerr T. Stevens
ATTACHMENTS
cc: a awl'st Fayetteville Regional Supervisor w/ attachments
File # PC 00-044 w/ attachments
Central Files w/ attachments
Public information Officer w/ attachments

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
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. PC.00-044
Having been assessed civil penalties totaling $2.638.28 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, February 21, 2001 , 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 , 2001.
SIGNATURE
ADDRESS
Wa�l eTe

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF BLADEN
File No. PC 00-044
IN THE MATTER OF
BOB BILBREY
FINDINGS AND DECISION
FOR VIOLATION OF ) AND ASSESSMENT OF
15A NCAC 211.0217 AND } CIVIL PENALTIES
N.C.G.S 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Bob Bilbrey owns and operates Bilbrey Farm #1, a swine animal operation located
in Bladen County.
B. The Bilbrey Farm #1 was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217. Deemed permitted
facilities are required to have an approved animal waste management plan. A
waste utilization plan is a required component of an animal waste management
plan.
C. Item #7 of the waste utilization plan for Bilbrey Farm #1 states that "Liquid waste
shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause
drift from the site during application. No ponding should occur in order to control
odor or flies."
D. On March 2, 2000, DWQ staff inspected Bilbrey Farm #1 and observed
wastewater ponded in a sprayfield and observed wastewater runoff in a wetland
area adjacent to the sprayfield.
E. Item #9 of the waste utilization plan for Bilbrey Farm #1 states in part that
"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."

F. On March 2, 2000, DWQ staff inspected Bilbrey Farm #1 and observed that waste
had been applied to areas of the sprayfield that did not have an actively growing
crop.
G. The cost to the State of the enforcement procedures in this matter totaled $138.28.
Based upon the above Findings of Fact, I make the following.
11. CONCLUSIONS OF LAW:
A. Bob Bilbrey is a "person" within the meaning of G.S. 143-215.6A pursuant to
G_S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. According to 15A NCAC 2H .0203(12), deemed permitted means that a facility is
considered as having a needed permit and being compliant with the permitting
requirements of G. S. 143-215.1(a) even though it has not received an individual
permit for its construction. or operation.
H. An approved animal waste management plan is a requirement for the
nondischarge deemed permit in accordance with 15A NCAC 2H .0217. A waste
utilization plan is a required component of the animal waste management plan in
accordance with G.S. 143-215.10C(e).
D. The above -cited ponded wastewater in the sprayfield and in the wetland area
adjacent to the sprayfield at Bilbrey Farm #1 is a violation of the approved waste
management plan and the nondischarge deemed permit in that waste was applied
in excess of the soil infiltration rate.
E. The above -cited application of waste to areas of the sprayfield that did not have an
actively growing crop at Bilbrey Farm #1 is a violation of the approved waste
management plan and the nondischarge deemed pernvt. "
F. Bob Bilbrey may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to
act in accordance with the terms, conditions or requirement of a permit required
by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Bob Bilbrey
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. 1 (b)(8).

H. 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, Bob Bilbrey is hereby assessed a civil penalty of:
$ Soo O b for applying waste in excess of the soil infiltration rate such
that ponding occurred in violation of the 15A NCAC 2H
.0217 nondischarge deemed permit and G.S. 143-215.1.
$ a Ooo • 0 o for applying waste to areas of the sprayfield that did not
have an actively growing crop in violation of the
15A NCAC 2H .0217 nondischarge deemed permit and
G.S. 143-215.1.
$ .Z lea . od TOTAL CIVIL PENALTY, which is �_ percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 138.28 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S_ 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

{
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bob Bilbrey
657 Old Tram Road
Clarkton, NC 28433
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Bilbrey Farm #1
Facility No. 09 - 75
Bladen County
Dear Mr. Bilbrey:
You are hereby notified that, having been deemed 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 January 28, 2000, it was reported to the Fayetteville Regional Office of the Division of
Water Quality that the freeboard level of the lagoon was in the emergency storage level (12 inches).
On March 2, 2000, staff conducted an inspection of the Bilbrey Farm #1 swine facility in Bladen
County to review the freeboard level of the lagoon. The lagoon contained the required freeboard,
however wastewater was observed ponded in one of the spray fields along within an adjacent
wooded area. This is clearly a violation of the Certified Animal Waste Management Plan (CAWMP).
Item # 7 of the required specifications (NRCS Standard 633) within your CAWMP states that "Liquid
waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur
offsite or to surface waters and in a method which does not cause drift from the site during
application.".
It was also determined that the spray field containing the ponded wastewater did not contain
an adequate crop for waste application. The facility was issued a Notice of Violation on March 20,
1998, and June 7,1999, siting the conditions of the spray field along with the need to correct the
problems noted (copies of letters attached).
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why wastewater was applied in such a manner to result in
,
ponding and eventually runoff.
v-'{r-,
225 GREEN STREET, SUITE 714 / SYSTEL EILO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAx [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECY4l.EP/10%" POST -CONSUMER PAPER

Page 2
Bilbrey Farm #1
May 17, 2000
2. Please explain why the liquid elevation within the lagoon was allowed to enter the emergency storage level.
3. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on a regular
basis, before and during an irrigation event, to prevent ponding and runoff of wastewater.
4. Please explain why a suitable crop has not been established in portions of the spray field at the present time.
5. Provide a detailed plan of action has to what steps the facility is going to take in order to establish a suitable crop in
the spray Feld.
6. Please submit the name and certification number of the Operator In Charge (OIC) responsible for the application of
wastewater 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 violafion. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty up to $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 is considering sending recommendations for enforcement action to the Director of the Division of Water
Quality. The recommendation concerns the failure to apply wastewater at agronomic rates and the failure to establish
and maintain a crop within the spray field.
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 May 26, 2000.
Information provided to this 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.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown,
Environmental Engineer or myself at [phone].
Paul E. Rawls
Regional Water Quality Supervisor
cc: Dennis Ramsey - Non -Discharge Branch
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Garth Boyd - Murphy Family Farms

10 Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review ® Other
Facility Number Date of Inspection
�/ Time of Inspection � 24
E3 Permitted ®Certified 0 Conditionally Certified 0 Registered Not O rational Date Last Operated:
�C j L p. I /` ..._
...........
Farm Name: .......:.......... I..I..A.(...�......�rN? !a:S-....#..........................................: County:.............. L7��L!Czv.......L ......... ............... .......
Q L I p
Owner Name: [IrAn ..................................................... Phone No:...................(.Id...l......4.... . ............... / ....... r
Facility Contact: .... ..................................................... :.................... Title:
Mailing Address:
Onsite Representative: ...................V..0.6....................
Certified Operator; ..................1501................: 1 1.1� .............
Location of Farm:
...................................... Phone No:..........:.................................:.
:. a.�... .� :................... .....Y33.................
Integrator.... 1 ".l , fL'4, 1 !, A
Operator Certification Number: ......
Latitude Longitude O.O«
actt >"Po "elation "' Poultry Ca act ;Eo Mahon' .'Carve
Wean to Feeder - ❑ Layer ❑ Dat
Feeder to Finish ❑Non -Layer - . 10 Not
Farrow to Wean
Farrow to Feeder ` ❑ Other
L_.1 Farrow to Fmtsh -
Total Desi
gn; Capacity ; 6 lit
❑ Gilts
❑ Boars Total SSLW ;
,r #�f 4 X�' O No L auid Waste ManaeemetOSvs[em Area z rea
_ Number of L ootvs s-? g ❑Spray Field A
.,Hoidtn¢ Pods! Solid Traps ,
Discharges & Stream Impacts . -
l. Is any discharge observed from'ahy 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?
gYes ❑ No
❑ Yes (�(No
,' ❑ Yes ❑ No
❑ Yes []No
❑ 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 5
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure'd'"
Identifier -
Freeboard (inches): ......_ ....�a.................................................................... .. i ......�...............
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe eu ❑Yes ❑ No
seepag Kekli 4-s»
3/23/99 Continued on back

Facility Number: 0*1 — ?C, ` Date of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 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?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? Excessive Ponding ❑ PAN
12. Crop type
ElYes
❑ N0
❑ Yes
[]NO',
❑ Yes
[]No R'
❑ Yes
❑ No
❑ Yes
❑ No
[Yes
❑ No
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 wettabie'acre determination? `.�. '
❑ Yes
❑ No
15.
Does the receiving crop need improvement .. •.
Yes
❑ No
16.
Is there a lack of adequate waste applicationiequipmcnt?
❑ Yes
❑ No
b `
Renuired Records & Documents F
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 iri effect at the time of design?
❑ Yes
❑ No
21.
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
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
k10
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
. ' �'�fo •yiola>�ions;o�-• defcie'ncies •were pQted- d�rril}g th�s'visit; • Y'oi>F wi�i,>reeeiye �fl �'u4-ther'�� ;
corres onden" a�aitt: this visit:
v5,;4 ws ►wa -f - 4 14� (-a . 4 Wit. . _ �j
CV sty ursr� � s , 4- -t
jal 524WW Lfl 1M SC� GY J-G'9 , U i e�� L�r, VO - 5
k 01% J
s - f
S:. ` rrr
Reviewer/Inspector Name q x� _
Reviewer/Inspector Signature: Date:
„K , _,�

i
Facility Number: b` — t7 Date of Inspection -c7o
(?dor Issues
26_ Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor 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
U

Date of Inspection 3- 0c]
Facility Number Q� ,.. s .
__J Time of Inspection 24 hr. (hh:mm)
E3 Permitted Certified 0 Conditionally Certified 0 Registered 10 Not Operational Date Last Operated:
County: JU .
Farm Name: -....... . ........................................... ........... ..................
_ a
Owner Name............6D lb
....................
Phone No: q ::: �:...................................-..._. r-......' ...... ........... . ........_........
Facility Contact: ............... ry f —� . Title: r .... Pf hone No:`
Mailing Address. �..�.! b.��.......!.��'^"1......... pg ........... ................�:1��_�:.Z��j. '".e ..... ��.�...--y3...3�- a
Onsite Representative QQc? i T Irate rator: r J - r^'>�.. �S
L1................�.�...: ! i_.
p ....... ��.. �1�1 �'.''!.
Certified Operator: ............. ...... !] « Operator Certification Number:......._ ........ ...............
Location of Farm:
Latitude • Longitude
Design Current _ Design Current
Swine Ca achy ;;Population .'W.:Poultry . Capacity WPopulation Cattle a
Wean to Feeder
a :
r
Feeder,-f Finish
1111/
❑ F4)-0 to Wean
f.:
...
❑ F ' w to Feeder
f
❑ F4row to Finish '
❑ Gilts
❑ Boars I .rf,
❑ Layer
❑Non -Layer
❑ Other
s -
Total Ms-jkn Capacity
"- ::Total'SSLW, .:
❑ Subsurface Drains Present Ho Lagoon Area
❑ No Liquid Waste Management System
Discharges & Stream I_ mpacts
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 convevance 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 flaw in gallmin?
d. Does discharge bypass a lagoon system'? (II'yes, notify DWQ)
ign' - Current
city' Po uiadon
:
Spray Field Areas
❑ Yes ❑ Nct
❑ Yes ❑ Nod;':
❑ Yes ❑ Novi
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
Identifier:
4M / rr
.Preebi�ard {inches): .........1.f................. ............ ............ ............ ...................... ......------ .................. I .................. ....
.
t 3. Are there any immediate threats to the integrity of any of the structures observed? Oef trees,aev
see a
p g4
;5 3/23/99
El,Wo Yes
ttt'77.
❑,'
Yes
❑Noy°;f.
❑ Yes
{No.t_, .:
❑ Yes
❑ Yes=f] No .
Continued on back

Facility Number: — /35 ` Date of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 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?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. is there evidence of over application? Excessive Ponding ❑ PAN
12. Crop type
❑ Yes
No'&�Tl
❑ Yes
❑ No•,`Y
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
0 Yes
❑ No
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
z
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wei bie,acre determination? v ;a
❑ Yes
❑ No
15.
Does the receiving crop need improvement?
ffyes
❑ No
16.
Is there a lack of adequate waste applicatiomeguipment?
❑ Yes
❑ No
Required
Records & Documents~
I7,
Fail to have Certificate of Coverage 8a General Permit:readily available?
❑ Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
Oe/ WUP, checklists, design, maps, etc.)
El Yes
❑ Na
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
21.
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
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
;KNo
24. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
yiol;aiioiis;off dtljciendi j •lustre 'noted. during •this;visiIMP . 4q no #'iti-th�r
coriesporidence: abatit this visit:
r`^Z{/tZ Gd
I
4 • -e !!t�t,li
r JU ��.
I/�",a �� t' / r }
L V LL!i 41
LIV Clip
/A�'
,weiAnspector Name
!wer/Inspector Signature:
0.4
:YI��✓//Sf /1.1, b�-'�?n .-f��yEl .. ^y-�'l. f'�. l.•_. Avi.•i]GZY
Date:

,ss Fnrm 38o% AP61 199b i'll —
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
,.,. ".
FAYETTEVIL.LE REGIONAL OFFICE
a �MENR
T. pia
J A M E 9 B- HU"T.J
° covERlaoR
DIVISION OF WATER QUALITY
March 20, 1998
11NCDEV
t _ •l WAYN E ITT y
ti
.
.'- SECRETARY `•q, •+.
REIURNRECE '�QT flESTTED
Bob
Mr. Bilbrey
P.O. Box 1764
Elizabethtown„ NC 28337
4 V _
'
Subject: Notice of Violation
Administrative Code 15A NCAC 2H
.0217
E r.'
Ussery Nursery Swine Farms
Facility Nos. 49-75, 09-135
Bladen County
Dear Mr. Bilbrey:
You are hereby notified that, having been deemed 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
Permit.
.0217
- -- On March 19, 1998, staff from the Fayetteville Regional Office of the
r - Division of Water Quality conducted an annual inspection of your swine
farms located off Rosendale Road in Bladen County. The inspection
revealed that no winter crop (small grain) was established on either of the
." facilities, the lagoons did not have the required freeboard and the lagoon
- banks needed a suitable cover grass on the Ussery Nursery # 2 facility. The
- pump records were completed and indicated that waste had been applied on
fields that are not currently in the certified animal waste management plan
- (CAWMP) on Ussery Nursery # 1. The waste application field for Ussery Nursery # 1 had water ponding in, the field and the waterways and no outlet
existed for surface water to discharge.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 23301-5043
S
t• PHDNE 91 O-486-1 541 FA% 910-4B6-0707
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Bilbrey
Page 2
March 20, 1998
The (CAWMP) did not have the required certification forms, or maps of the facility and spray
fields and the, mortality plan, and insect and rodent checklist were not available for the waste
management plan. The irrigation system does not appear adequate in all areas to provide equal
distribution.
The Division of Water Quality requests that the following items be addressed:
The CAWMP for Ussery Nursery # 1 will need to be rewritten to include the additional
waste application fields with the current irrigation system and a suitable crop established.
A winter crop (small grain) should be included in the CAWMP for both facilities to allow
for waste application during that season to maintain the required freeboard. Contact a
technical specialist for assistance.
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
3. Contact a technical specialist for assistance in the certification of the existing irrigation
system as required in the conditional certification form for Ussery Nursery # 2. Calibrate
the waste application equipment to insure that the application rate does not exceed the
infiltration rate of the soil resulting in ponding and run-off.
4. Contact a technical specialist for assistance in revising your CAWMP to include all the
required components.
5. Establish a suitable cover grass on the inside slopes of the Ussery Nursery # 2 lagoon
dikes.
5. The waste application field currently included in the CAWMP for Ussery Nursery # 1 will
need to be evaluated by a technical specialist to determine if a suitable drainage outlet
exist and if with additional drainage the soil type and the soil wetness condition will
support the proposed coastal bermuda crop.
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 $10,000.00 per day per
violation.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLF— REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 7, 1999
CERIffM MALL
REILMN RECEIPT REMMSTED
Mr. Bob Bilbrey.
NZ�
657 Old Tram Road
IN-
Clarkton, NC 28433
Ma K
Subject: Notice of Violation
Administrative Code 15A NCAC 2H. 0217
Ussery Nursery Swine Farm
Facility No. 09-75
Bladen County
JAI
Dear Mr. Bilbrey:
t
YOU are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant
As
r
to 15A NCAC 2H.0217, you have been found to be in violation of your 2H
4
.0217 Permit.
On June 3, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located Old Tram The inspection
of Road in Bladen County. revealed
An
that the bennuda crop was poor to non-existent in most of the areas
investigated, the lagoon banks needed cutting to prevent a rodent harborage,
and the collection of waste samples was not being conducted as required on
the Ussery Nursery 4 1 facility. In addition, the winter crop had not been
removed to allow the establishment of the summer annual.
UP
The Division of Water Quality requests that the following items be
addressed:
A
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 29301-SO43
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLIED/I 0% POST -CONSUMER PAPER

1. Contact the person or company that sprigged the bermuda grass to evaluate the stand and
make a determination as to whether the survival is sufficient to produce a stand this year.
2. Cut the lagoon banks at a minimum biannually to prevent a rodent harborage. The weeds
should be cut as necessary to allow inspection for erosion and rodent problems.
3. Collect waste samples every 120 or within 60 days of waste application for adequate and
accurate records.
4. Cut and remove the winter annual (oats) from the field and establish the required summer
annual (millet) as soon as possible.
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 $10,000.00 per day
per violation.
Please provide a written response to this office on or before July 1, 1999, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910)
486-1541.
Sincerely,
r
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Farms

Mr. Bilbrey
Page 3
March 20, 1998
Please provide a written response to this office on or before April 15, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-
1541.
Sincerely,
9.
4
e Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Farms

O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / (910) 864-B774 (FAX)
http://www.mic'robac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Discharge Point - ID #OOWE31523
2. Wetland - ID #00WE31524
DATE REC`D: 03/02/00 SAMPLED: 03/02/00
SAMPLED BY: J. Brown
DELIVERED BY: J. Brown
SAMPLE CODE: Grab
REFERENCE: Ussery Nursery
DATA REVIEWED BY:
DATE REPORTED: 03/17 0
ANALYSIS
NETHOD
1
2
HOD (mg/L)
EPA 405.1
172
193
COLIFORM, FECAL (per 100 ml)
SM18 9222D
47000
44000
NITRATE (mg/L)
EPA 353.3
<1.0
<1.0
C 1ARMS: < = Less than
> = Greater than
PAGE 1 OF 1
RECEIVED
MR 2 4 2000
REG, jCLE
The data and other information contained on this. and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the oondition 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 Consulting Chemical and Microbiological Analyses and Research

O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE HAYNE STREET NC #37714
Mi
' 1 FAYETTEVILLE, NG 28303 USDA #3787 crac
(910) 864•-1920 / [phone] (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR!- WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF, ANALYSIS
CLIENT: NC DENR -- DWQ
DATE REC`D: 03/02/00 SAMPLED: 03/02/00
ADDRESS: Wachovia Building, Suite 714
SAMPLED BY: J. Brown
Fayetteville, NC 28301
DELIVERED BY: J. Brown
a
CONTACT. PERSON:• Mr.' J.' Brown:: '_
SAMPLE CODE: Grab
ACCOUNT NUMBER: #KNO03
REFERENCE: Ussery Nursery
SAMPLE ID: 1. Discharge Point - ID #OOWE31523
2. Wetland - 3D #0.0W'E31S24
N
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DATA REVIEWED BY:
DATE REPORTED: 03 17 0
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BOD (mg/L) EPA :405.1
q72 193
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COLIFORM, FECAL (Per 100 ml) SM18 9222D
47000 ' 44000
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FAYETTEVILLE
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REG. OFFICE
PAGE 1 OF 1
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nA:.. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF -WATER QUALITY
May 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bob Bilbrey
657.Old Tram Road
Clarkton, NC 28433
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Bilbrey Farm #1
Facility No. 09 - 75
Bladen County
Dear Mr. Bilbrey:
You are hereby notified that, having been deemed 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 January 28, 2000, it was reported to the Fayetteville Regional Office of the Division of
Water Quality that the freeboard level of the lagoon was in the emergency storage level (12 inches).
On March 2, 2000, staff conducted an inspection of the Bilbrey Farm #1 swine facility in Bladen
County to review the freeboard level of the lagoon. The lagoon contained the required freeboard,
however wastewater was observed ponded in one of the spray fields along within an adjacent
wooded area. This is clearly a violation of the Certified Animal Waste Management Plan (CAWMP).
Item # 7 of the required specifications (NRCS Standard 633) within your CAWMP states that "Liquid
waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur
offsite or to surface waters and in a method which does not cause drift from the site during
application.".
It was also determined that the spray field containing the ponded wastewater did not contain
an adequate crop for waste application. The facility was issued a Notice of Violation on March 20,
1998, and June 7, 1999, siting the conditions of the spray field along with the need to correct the
problems noted (copies of letters attached).
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why wastewater was applied in such a manner to result in
ponding and eventually runoff.
Y:�l� T-
,.,���.NcR,:
1 0 1 ;o
225 GREEN STREET, SUITE 714 / SYSTEL OLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX S1O-4$6-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1095 POST -CONSUMER PAPER

Page 2
Bilbrey Farm #1
May 17, 2000
2. Please explain why the liquid elevation within the lagoon was allowed to enter the emergency storage level.
3. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on a regular
basis, before and during an irrigation event, to prevent ponding and runoff of wastewater.
4. Please explain why a suitable crop has not been established in portions of the spray field at the present time.
5. Provide a detailed plan of action has to what steps the facility is going to take in order to establish a suitable crop in
the spray field.
6. Please submit the name and certification number of the Operator In Charge (OIC) responsible for the application of
wastewater 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 up to $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 is considering sending recommendations for enforcement action to the Director of the Division of Water
Quality. The recommendation concerns the failure to apply wastewater at agronomic rates and the failure to establish
and maintain a crop within the spray field.
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 May 26, 2000.
Information provided to this 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.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown,
Environmental Engineer or myself at [phone].
t,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Dennis Ramsey - Non -Discharge Branch
Sam Warren - Bladen Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Garth Boyd - Murphy Family Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVIL.LE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 7, 1999
Mr. Bob Bilbrey
657 Old Tram Road
Ciarkton, NC 28433
Subject- Notice of Violation
Administrative Code 15A NCAC 2H .0217
Ussery Nursery Swine Farm
Facility No. 09-75
Bladen County
Dear Mr. Bilbrey.
You are hereby notified that, having been deemed 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 June 3, 1999, staffrorn the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located off Old Tram Road in Bladen County. The inspection revealed
that the Bermuda crop was poor to non-existent in most of the areas
investigated, the lagoon banks needed cutting to prevent a rodent harborage,
and the collection of waste samples was not being conducted as required on
the Ussery Nursery # 1 facility. In addition, the winter crop had not been
removed to allow the establishment of the summer annual.
The Division of Water Quality requests that the following items be
addressed:
225 GREEN STREET, SMITE 714, FAYETTEVILLE. NORTH CAROLINA 2BS01-SO4$
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Bilbrey
Page 2
June 7, 1999
1. Contact the person or company that sprigged the bermuda grass to evaluate the stand and
make a determination as to whether the survival is sufficient to produce a stand this year.
2. Cut the lagoon banks at a minimum biannually to prevent a rodent harborage. The weeds
should be cut as necessary to allow inspection for erosion and rodent problems.
3. Collect waste samples every 120 or within 60 days of waste application for adequate and
accurate records.
4. Cut and remove the winter annual (oats) from the field and establish the required summer
annual (millet) as soon as possible.
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 $10,000.00 per day
per violation.
Please provide a written response to this office on or before July 1, 1999, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or A4r. Robert Heath, Environmental Specialist, at (910)
486-1541.
Sincerely,
r
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 7, 1999
Mr. Bob Bilbrey
657 Old Tram Road
Clarkton, NC 29433
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Ussery Nursery Swine Farm
Facility No. 09-75
Bladen County
Dear Mr. Bilbrey:
You are hereby notified that, having been deemed 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 June 3, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located off Old Train Road in Bladen County. The inspection revealed
that the bermuda crop was poor to non-existent in most of the areas
investigated, the lagoon banks needed cutting to prevent a rodent harborage,
and the collection of waste samples was not being conducted as required on
the Ussery Nursery # 1 facility. In addition, the winter crop had not been
removed to allow the establishment of the summer annual.
The Division of Water Quality requests that the following items be
addressed:
225 GREEN STREET, SUITE 714, FAYETTEvILLE, NORTH CAROLINA 283D1-5043
PHONE a10-486-1541 FAX OIO-486-0707
AN EQUAL OPPORTUNITY /AFFFRMATIYE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Bilbrey
Page 2
.tune 7, 1999
1. Contact the person or company that sprigged the bermuda grass to evaluate the stand and
make a determination as to whether the survival is sufficient to produce a stand this year.
2. Cut the lagoon banks at a minimum biannually to prevent a rodent harborage. The weeds
should be cut as necessary to allow inspection for erosion and rodent problems.
Collect waste samples every 120 or within 60 days of waste application for adequate and
accurate records.
4. Cut and remove the winter annual (oats) from the field and establish the required summer
annual (millet) as soon as possible.
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 $10,000.00 per day
per violation.
Please provide a written response to this office on or before July 1, 1999, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910)
486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
CC' Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Fars

ti
`* NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 20, 1998
Mr. Bob Bilbrey
P.O. Box 1764 -
Elizabethtown, NC 28337
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Ussery Nursery Swine Farms
Facility Nos. 09-75, 09-135
Bladen County
Dear Mr. Bilbrey:
You are hereby notified that, having been deemed 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 March 19, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farms located off Rosendale Road in Bladen County. The inspection
revealed that no winter crop (small grain) was established on either of the
facilities, the lagoons did not have the required freeboard and the lagoon
banks needed a suitable cover grass on the Ussery Nursery # 2 facility. The
pump records were completed and indicated that waste had been applied on
fields that are not currently in the certified animal waste management plan
(CAWMP) on Ussery Nursery # 1. The waste application field for Ussery
Nursery # 1 had water ponding in the field and the waterways and no outlet
existed for surface water to discharge.
225 GREEN STREET, SUITE 714• FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEDl10% POST•CONSUMER PAPER

Mr. Bilbrey
Page 2
March 20, 1998
The (CAWMP) did not have the required certification forms, or maps of the facility and spray
fields and the, mortality plan, and insect and rodent checklist were not available for the waste
management plan. The irrigation system does not appear adequate in all areas to provide equal
distribution.
The Division of Water Quality requests that the following items be addressed:
The CAWMP for Ussery Nursery # 1 will need to be rewritten to include the additional
waste application fields with the current irrigation system and a suitable crop established.
A winter crop (small grain) should be included in the CAWMP for both facilities to allow
for waste application during that season to maintain the required freeboard. Contact a
technical specialist for assistance_
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
3. Contact a technical specialist for assistance in the certification of the existing irrigation
system as required in the conditional certification form for Ussery Nursery # 2. Calibrate
the waste application equipment to insure that the application rate does not exceed the
infiltration rate of the soil resulting in ponding and run-off.
4. Contact a technical specialist for assistance in revising your CAWMP to include all the
required components.
Establish a suitable cover grass on the inside slopes of the Ussery Nursery # 2 lagoon
dikes.
6. The waste application field currently included in the CAWMP for Ussery Nursery # 1 will
need to be evaluated by a technical specialist to determine if a suitable drainage outlet
exist and if with additional drainage the soil type and the soil wetness condition will
support the proposed coastal bermuda crop.
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 $10,000.00 per day per
violation.

Mr. Bilbrey
Page 3
March 20, 1998
Please provide a written response to this office on or before April 15, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-
1541.
Sincerely,
9.
4
Ke . Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Farms