090125_ENFORCEMENT_20171231

AnAnn-
MCDENR
North Carolina Department of Environment and -Natural Resources
Division of Water Quality
Beverly ;aver Perdue Coieen H. Sullins
Governor Director
October 1.2009 RECEIVED
Dee ireernan
Secretary
Douglas A. Bordeaux SEP 4 2010
Billy E Bordeaux Farm
98 Sweet Home Church Rd MR-FAYEMLLE REGIONAL OBOE
Elizabethtown, NC 28337
Subject: Certificate of Coverage No. AWS090125
Billy E Bordeaux Farm
Swine Waste Collection, Treatment,
Storage and Application System
Bladen County
Dear Douglas A. Bordeaux:
In accordance with your renewal request, we are hereby forwarding to you this Certificate of Coverage
(COC) issued to Douglas A. Bordeaux, authorizing the operation of the subject animal waste management
system in accordance with General Permit AWG 100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the Billy E Bordeaux Farm, located in Bladen County, with a swine animal capacity
of no greater than the following annual averages:
Wean to Finish: Feeder to Finish: 3672 Boar/Stud:
Wean to Feeder: Farrow to Wean: Gilts:
Farrow to Finish: Farrow to Feeder: Other:
If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where
boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be
replaced by gilts at a rate of 4 gilts for every 3 sows.
The COC shall be effective from the date of issuance until September 30, 2014. and shall hereby void
Certificate of Coverage Number AWS090125 that was previously issued to this facility. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP. and this COC. An adequate system
for collecting and maintaining the required monitoring data and operational information must be
established for this facility. Any increase in waste production greater than the certified design capacity or
increase in number of animals authorized by this COC (as provided above) will require a modification to
the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please carefully read this COC and the enclosed State General Permit. Please pay careful attention to the
record keeping and monitoring conditions in this permit. Record keeping forms are unchanbed with this
General Permit. Please continue to use the same record keepin_ forms.
1636 Mail Service Center, Raleigh, North Carolina 276.99-163P
Location: 2728 Capital Blvd.. Raleia.. Norm Carolina 276{4 011-2
Phan'_: 919-733-3221 1FAX: [phone]E i Customer Servic.. 1-817-4523-674E' NO? th C i O rla
Internet wwvr,ncwaterquality,arg /_ f/
An Epual Opportunity t Aff� native knort Emature' i% ,' �J

If your Waste Utilization Plan (`WUP) has been developed based on site -specific information, careful
evaluationn of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per MRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition 111.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Wilmington, NC National
Weather Service office at [phone], or by visiting their website at: www.erh.noaa.eov/er/ilm/
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Aquifer Protection Staff may be reached at 910433-3300. If you need additional information concerning
this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-
3221.
Sincerely,
for Coleen H. Sullins
Enclosure (General Permit AWG100000)
cc: (Certificate of Coverage only for all ccs)
Fayetteville Regional Office, Aquifer Protection Section
Bladen County Health Department
Bladen County Soil and Water Conservation District
APS Central Files (Permit No. AWS090125)
AFO Notebooks
Murphy -Brown, LLC

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
March 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Douglas Bordeaux
98 Sweet Home Church Rd.
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION NOV-2008-PC-0184
Administrative Code 15A NCAC 2H _
Billy E Bordeaux Farm
Facility No. 9-125
Bladen County
Permit No. AWG090125
Dear Mr, Bordeaux:
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.
Violation 1: Failure to conduct a sludge survey for 2007 in accordance with your permit section III
condition 19.
On January 301n 2008 a compliance inspection was conducted at your facility. A review of your records showed no
sludge survey was done during calendar year 2007 for your lagoon.
Required Corrective Action for Violation 1:
Conduct a sludge survey within 60 day of receipt of this letter.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items when sludge survey is completed.
1. Please have the OIC for this farm include an explanation as to how this violation occurred.
2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
3. Please send a copy of your new sludge survey to the Fayetteville Regional Office.
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.
NofthCarobna
Nattirally
North Carolina DWQIAquifer Protection Section 225 Green SU Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal OpportunitylAtfinnative Action Employer — 50% Recycled110% Post Consumer Paper

Mr. Bordeaux
March 14, 2008
Page 2
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton
Environmental Specialist or myself at [phone].
Sincerely,
Stephen 4. q garnhardt
Regional ifer Protection Supervisor
SB/tab
cc: Central Files - Raleigh
FRO Files

RECEIVED
DEQIDWR
OCT 2 5 Z917
WQROS
Water Resources FAYETPEVILLE REGIONAL OFFICE
Environmental Quality
October 20, 2017
CERTIFIED MAIL - #7016 2140 0000 0564 3 739
RETURN RECEIPT RE VESTED
Douglas A. Bordeaux
Billy E. Bordeaux Farm
98 Sweet Home Church Road
Elizabethtown, NC 28337
SUBJECT:
Dear Mr. Bordeaux:
Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Billy E. Bordeaux Farm
Case Number PC-2016-0052
Permit No. AWS090125
Bladen County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMAIEERMAN
Director
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee on Civil Penalty Remissions (Committee) of the Environmental Management
Commission (EMC) on Thursday, November 9, 2017.
X No request for oral presentation was made. You may attend this meeting, but you will
not be permitted to speak regarding your case.
The EMC Chairman has considered the written record and determined that no oral
presentation will be made. You may attend this meeting, but you will not be permitted to
speak regarding your case.
The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. Please come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
advised that the Committee cannot consider anv information other than that submitted in
the original remission request. Please note, the State Bar's recent Opinion regarding the
unauthorized practice of law affects your method of presenting at the Committee.
If you are an individual or business owner and are granted an opportunity to make an oral
presentation before the Committee, then you do not need legal representation before the
Committee; however, if you intend on having another individual speak on your behalf regarding
the factual situations, such as an expert, engineer or consultant, then you must also be present at
the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of
law.
--. 'Nothing Coral ares'w• y,.
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

If you are a corporation, partnership or municipality and are wanted an opportunity to make an
oral presentation before the Committee, then your representative must consider the recent State
Bar's Opinion and could be considered practicing law without a license if he or she is not a
licensed attorney. Presentation of facts by non -lawyers is permissible.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed
with the hearing of a case if the Committee is informed that a potential violation regarding the
unauthorized practice of law has occurred.
Time and Location of Meeting
The Committee will convene at 11:30 a.m. or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission. The Committee
meeting will be held in the Ground Floor Hearing Room of the Archdale Building, located at 512
North Salisbury Street in Raleigh, North Carolina (see enclosed map).
Other Thin s to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic — meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:30 a.m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time_ If the Commission meeting runs long and you need
refreshment or food, Division of Water Resources staff can direct you to local eateries.
If you have any questions concerning this matter, please call Miressa Garoma of the Animal
Feeding Operations Program at [phone]_
Sincerely,
VSavy immerman, P.G., Director
Division of Water Resources
enclosure
cc: Fayetteville Regional Office
Enforcement File
Central Files (AWS090125)

REUt3VLU
DEQIDWR
Water Resources
Fnvironmental Quality
AUG 0 7 Z017
WQROS
FAYETTEVILLE RFG10NAL OFFICE
Aueust 1, 2017
CERTIFIED ]MAIL - 97016 2140 0000 0564 3654
RETURN RECEIPT RE UESTED
Douglas A. Bordeaux
Billy E. Bordeaux Farm
98 Sweet Home Church Road
Elizabethtown, NC 28337
Dear Mr. Bordeaux:
ROY COOPER
Governor
MIC14AEL S. REGAN
SeCretar}'
S. JAY ZIMMERMAN
oireclor
SUBJECT: Request for Remission of Civil Penalty
Farm 9 09-0125
Bladen County
Permit No. AWS090125
File No. PC-2016-0052
In accordance with North Carolina General Statute 143-215.6A(1), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of your
request for remission and remitted $250.00 of the $3063.68 civil penalty assessment. The revised
civil penalty is therefore a total arnount of $2813.68, which includes $56i.68 in investigative costs.
A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar clays of your
receipt of this letter- to the attention oi':
Miressa Garoma
NC IDEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleieh. NC 27699-1636
OR
,�tjitc ul'idnrtl1 Caioiina j Dlvironmcival Qnaiit}' I Divi%ion ol'Wiicr Rc>aurces
Water Quality Re",ional operatinna lccti+tn
1 h_h ,MaiI Sei%-ice Center 1 Raiei2li ;dr,; Ji Carol inn 1- 7097-163h
919-707-q1_'9

r
Douglas Bordeaux
Enforcement # PC-2016-0052
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Conunittee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa Garoma
NC DEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not rea i cord_
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore, the EMC may
choose to uphold the original penalty amount and offer no remissions, they may agree
with the DWR Director's remission recommendation detailed above, or the penalty
amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact
Miressa D. Garoma at [phone].
Sincerely,
'a" � (�V-'
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor
File # PC-2016-0052
WQROS Central Files (AWS090125)

t
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2016-0052 Region: Fayetteville County: Bladen
Assessed Entity: Douglas A. Bordeaux Permit: AWS090125
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
No previous assessed civil penalties.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission 0 S�b,°'� (Enter Amount Remitted)
S. JaMQierman Date
rcv 1 A — 8.31.49

0 . • 4�
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
DOUGLAS A. BORDEAUX
DWQ Case Number: PC-2016-0052
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipali1y and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law_
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

Water Resources
Environmental Quality
Douglas A. Bordeaux
Billy E. Bordeaux Farm
98 Sweet Home Church Road
Elizabethtown, NC 28337
Dear Mr. Bordeaux:
RECEIVED
DEQIDWR
JUN 0 5 2017
=AYETTEVILLQROS
E REGIONAL OFFICE
May 26, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Remission Request
Farm # 09-0125
Bladen County
File No. PC-2016-0052
Permit No. AWS090125
This letter is to acknowledge receipt of your request, on May 26, 2017, for remission of the civil
penalty levied against the subject facility. The Director of the Division of Water Resources will
review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Fayetteville WQROS Regional Supervisor
File # PC-2016-0052
WQROS Central Files (AWS090125)
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2016-0052 Region: Fayetteville County: Bladen
Assessed Entity: Douglas A. Bordeaux Permit: AWS090125
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
No previous assessed civil penalties.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
DECISION (Cheek One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission n $ (Enter Amount Remitted)
S. Jay Zimmerman Date
rev 1.0 - 8.,31,09

.--o--q;
K"
Water Resources
Environmental Quality
RECEIVED
DEQIDWR
APR 2 5 2017
WQROS
FAYETTEVILLE REGIONAL OFFICE
April 20, 2017
Sheriff James A- McVicker
Bladen County Sheriff's Office
201 E. King St
Elizabethtown, NC 28337
Attn: Civil Division
Subject: NOTICE OF SERVICE
Douglas A. Bordeaux
Dear Sheriff McVicker:
Please serve the attached Request for Payment of Civil Penalties as follows:
Douglas A. Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
It is our understanding that because we are a State agency, no fee is required for this service. Please
return the completed Return of Service form in the enclosed return envelope.
The Division of Water Resources appreciates this assistance from your department. If you have
any questions or need additional information, please,contact me at [phone].
Sincerely,
LIS �0- 1 74 &
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Enclosures
cc: Fayetteville WQROS Supervisor
File # PC-2016-0052
WQROS Central Files (Permit No. AWS090125)
-5,=� Nothing Compares:-
State of North Carolina I Environmental Quality I Division of Water Resnurccs
Water Quality Regional Operations Section
1636 Mail Service Cater I Raleigh, North Carolina 27699-1636
919-707-9129

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
with the document(s) was served as follows:
Date Served:
Designated Recipient: Douglas A. Bordeaux
Place of Service: 98 Sweet Home Church Road
(fill in address) Elizabethtown, NC 28337
Lo
(Served Officer)
Check one of the following:
2017, and together
By personally delivering copies to the named individual;
By. leaving copies of the Notice and original letter at the named individual's dwelling, house or place
of business with a person of suitable age and discretion then residing therein. Name of the person
who the copies were left:
If not served to the named individual, please state the reason why:
(Sheriff Signature)
Service Fee Paid
Please return this form to:
Bladen County Sheriff
Miressa D. Garoma
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Paid By
(Date)

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Water Resources
ENVIROMMENTAL QUALITY
June 24, 2016
CERTIFIED MAIL 7010 3090 00013216 4281
RETURN RECEIPT REQUESTED
Billy E. Bordeaux Farm
Douglas A. Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2016-PC-0202
Billy E. Bordeaux Farm Facility Number 09-0125, AWS090125
Bladen County
Dear Mr. Douglas A. Bordeaux
Secretary
S. JAY ZIMMERMAN
Director
On February 23, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Billy E. Bordeaux Farm and the permitted waste disposal system. No one from
the farm was present or assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal
Waste Management Plan. (Permit No. AWS090125 Section V 2).
On February 23, 2016 during a lagoon structure evaluation inspection by staff of the NC DEQ, Division
of Water Resources (DWR) a lagoon/storage pond level was documented at 17 inches of freeboard at the
lagoon.
On February 29, 2016 during a lagoon structure evaluation inspection a lagoon/storage pond level was
documented at 16 inches of freeboard at the lagoon. Mr. Douglas A. Bordeaux was present at this time
and starting his irrigation pump to lower the lagoon level and apply waste to Bermuda fields.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

Mr. Bordeaux
June 24, 2016
Page 2
On February 29, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Mr.
Bordeaux
Regional Operations inspected the Billy E. Bordeaux Farm and the permitted waste disposal
system. We wish to thank Mr. Douglas A. Bordeaux, who was present and assisted during the
inspection.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation l :
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated February 29, 2016
and received in the Fayetteville Regional Office on February 29, 2016. Take all necessary additional
steps to insure lagoon levels remain in compliance with Section (V 2) of your permit.
Violation 2:
Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in
accordance with your permit: (Permit No. AWS090125 Section III 13e).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5 day written report. You
documented on your waste structure freeboard form FRBD-i that on February 23, 2016 your lagoon
levels were inadequate. On February 29, 2016 you reported lagoon level of 16 inches.
Because of the high chronic rain fall, DEQ employee Bill Dunlap was visiting several farms in the area on
February 23, 2016. After the February 23, 1:00 PM visit, when the lagoon level at the Billy E. Bordeaux
farm was at 17 inches a phone call was made to Mr. Bordeaux on February 24, but he did not respond or
return a call in response to a message. When Bill Dunlap returned to the farms on February 29, 11:30 AM,
the lagoon level as at 16 inches and Mr. Bordeaux was starting the engine to pump the lagoon. Mr.
Bordeaux acknowledged that the lagoon was high and that this was the first time it had been dry enough
to pump.
At the time of the Tuesday, February 23 visit, Mr. Dunlap was accompanied by Mr. Curtis Barwick and
on the Monday, February 29 visit he was accompanied by Ms Kathy Barker.

Mr. Bordeaux
June 24, 2016
Page 3
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
Failure to test and calibrate all waste application equipment at least once every two years in accordance
with your permit: (Permit No. AWS090125 Section II 24).
On June 10, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Billy E. Bordeaux Farm and the permitted waste disposal system. We
wish to thank Mr. Douglas A. Bordeaux, who was present and assisted during the inspection.
It was documented on that date that no calibration of spray equipment had been done since March of
2013.
Required Corrective action for Violation 3:
If you have not already done so please have spray equipment used at the Billy E. Bordeaux Farm
(AWS090125) calibrated within the next 30 days and see that confirmation is sent to my attention at 225
Green Street, Suite 714, Fayetteville, NC 28301.
Violation 4:
Failure to conduct a survey of the sludge accumulation in all lagoons every year in accordance with the
CAWMP: (Permit No. AWS090125 Section III 18).
On June 10, 2016 it was documented that no sludge survey for the Billy E. Bordeaux Farm (AWS090125)
had been done since March of 2013.
Required Corrective action for Violation 4:
If you have not already done so, have a sludge survey done at the Billy E. Bordeaux Farm (AWS090125)
within the next 30 days and see that confirmation is sent to my attention at 225 Green Street, Suite 714,
Fayetteville, NC 28301.

Mr. Bordeaux
June 24, 2016
Page 4
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before (July 20 2016):
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before July 20,
2016 and to provide a written response to this Notice by July 20, 2016. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Bill Dunlap or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Christine Lawson, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files

>r., .k
Water Resources
Environmental Quality
February 24, 2017
CERTIFIED MAIL - #7009 2250 0000 8087 2037
RETURN RECEIPT UQUESTED
Douglas A. Bordeaux
Billy E. Bordeaux Farm
98 Sweet Home Church Road
Elizabethtown, NC 28337
Dear Mr. Bordeaux:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 09-0125
Biaden County
Enforcement File No. PC-2016-0052
This letter transmits notice of a civil penalty assessed against Douglas A. Bordeaux in the amount of
$2500.00, and $563.68 in investigative costs, for a total of $3063.68. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
��Nothing Co€npares:r-;s..
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Assessment of civil penalty
Douglas Bordeaux
Enforcement # PC-2016-0052
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
rernitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
Douglas Bordeaux
Enforcement # PC-2016-0052
Page 3 of 3
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
e
/oncard, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor w/ attachments
File # PC-2016-0052 w/ attachments
WQROS Central Files w/ attachments
Bladen County Health Department
RECEIVED
DEQ/DWR
FEB 2 8 2917
WQROS
FAYETTEVILLE REGIONAL. OFFICE

V
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
DOUGLAS A. BORDEAUX
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2016-0052
}
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), 1, Jon Risgaard, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
FINDINGS OF FACT:
A. Douglas A. Bordeaux owns and operates Billy E. Bordeaux farm, a swine animal feeding
operation in Bladen County.
B. Douglas,A. Bordeaux was issued Certificate of Coverage AWS090125 by DWR, under
General Permit AWG100000 for Billy E. Bordeaux Farm on October 1, 2014, effective
upon issuance, with an expiration date of September 30, 2019.
C. Condition No. II 24. of the General Permit AWG100000 states that "All waste application
equipment must be tested and calibrated at least once every two years. The results must be
documented on forms provided by, or approved by, the Division."
D. The latest record of equipment calibration provided was done in March 19, 2013.
E. Condition III.18, of the General Permit AWG 100000 states in part that "All faci lities which
are issued a COC to operate under this General Permit, shall conduct a survey of the sludge
accumulation in all lagoons every year."
F. The latest record of sludge survey result provided was done on March 19, 2013.
G. Condition V.2. of General Permit AWG100000 states that "the maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional
one (1) foot of structural freeboard except that there shall be no violation of this condition
if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee
is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard."

H. The CAWMP for Douglas A. Bordeaux requires that the waste level in the lagoons not
exceed the maximum liquid level of 19 inches below the top of the lagoon wall.
DWR staff from the Fayetteville Regional Office (FRO) inspected the Billy E. Bordeaux
Farm on February 23, 2016 and observed that the lagoon level was at 17 inches.
J. Condition II1.13. of the General Permit AWG100000 states that "The Permittee shall report
by telephone to the appropriate Division Regional Office as soon as possible, but in no case
more than twenty-four (24) hours following first knowledge of the occurrence of any of
the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition V.2. of the General Permit."
K. The Fayetteville Regional Office had not received notification from Douglas A. Bordeaux
that the waste level exceeded the level specified in the CAWMP of nineteen (19) inches.
L. On June 24, 2016 DWR issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Douglas A. Bordeaux identifying violations of NCGS 143-215.1 and
General Permit No. AWG100000. The violations include failure to maintain
lagoon/storage pond level as specified in the facility's CAWMP. Failure to report by
telephone to the FRO following first knowledge of the occurrence of failure to maintain
waste level as specified in lagoon/storage pond design. Failure to test and calibrate waste
application equipment. Failure to conduct a survey of the sludge accumulation in all
lagoons every year.
M. The NOV/NOI was sent by certified mail, return receipt requested and Returned on July
24, 2016, marked as Undelivered. DWRIFRO staff hand delivered the notice to Mr.
Douglas A. Bordeaux on July 25, 2016.
N. The cost to the State of the enforcement procedures in this matter totaled $563.68.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Douglas A. Bordeaux is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant
to N.C.G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above -cited failure to test and calibrate at least once every two years the waste
application equipment violated Condition No. I1.24. of the General Permit AWG100000.
D. The above -cited failure to conduct a survey of the sludge accumulation in the lagoon is a
violation of Condition No. 111.18. of General Permit AWG100000.
E. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition V.2. of the General Permit
AWG 100000.
F. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge of

s
the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition V.2. violated Condition M.13. e.
of the General Permit AWG100000.
G. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may
be assessed against a person who fails to apply for or to secure a permit required by
N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit required by N.C_G.S. 143-215.1.
H. The State's enforcement costs in this matter may be assessed against Douglas Bordeaux
pursuant to G.S. 143 215.3(a)(9) and G.S. 143B-282.1(b)(8).
1. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Douglas A. Bordeaux, are hereby assessed a civil penalty of:
$ 50 0 For violating Condition I1-24 of General Permit AWG 100000 by failing to
test and calibrate waste application equipment from March 2015 to August
2016.
$ For violating Condition No. 111.18 of General Permit AWG100000 for
failure to conduct a survey of the sludge accumulation in the lagoon from
December 31, 2014 to August 8, 2016.
$ Woo For violating Condition V.2. of General Permit AWG100000 for failure to
maintain adequate freeboard in the lagoon at the level specified in the
CAWMP.
5DU For violating Condition 1II.13. e. of General Permit AWG 100000 for
failing to report by telephone to the appropriate Regional Office as soon
as possible, but in no case more than 24 hours, first knowledge of the
occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 2.
ud
TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$563.68 Enforcement costs
$ 360 S 3 TOTAL AMOUNT DUE

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Douglas A.
Bordeaux, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) VJon d, Chief
Quality Regional Operations Section
on of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Do!%las Bordeaux
County: Bladen
Case Number: PC-2016-0052
Permit Number: AWS090125
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
In reference to the cited violation, no harm to the natural resources of the State was observed, to the
public health, or to private property was documented. With no on farm waste application records or
waste analysis DWRWQROS is unable to determine if waste was applied above agronomic rates, when it
was applied or if any runoff of applied waste occurred.
2) The duration and gravity of the violation;
A compliance inspection was completed on June 10, 2016 and documented that the farm was in
compliance except that the farm failed to have on hand a current Sludge Survey. Mr. Bordeaux also failed
to notify DEQIWQROS of his high freeboard situation in February.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater quality could not be measured.
4) The cost of rectifying the damage;
This factor cannot be determined because there is no evidence of a discharge to the waters of the State.
5) The amount of money saved by noncompliance;
The cost of irrigation calibration was $200.00 and sludge survey was $250.00, for a total estimated
money saved is $450.00. These are numbers are from Mr. Curtis Barwick, who performed the services.
/A4toJ Z o�- 5tw!Va sur.-rr, -+o1,v( 0,ut}- -.ejs S are--.- 70a
6) Whether the violation was committed willfully or intentionally;
Because DWNWAROS CAFO inspector Bill Dunlap had reviewed the situation with Mr. Bordeaux in
2015 and his past history of this particular violation on another farm, it could be established that Mr.
Bordeaux was aware of the need to remedy these matters and willfully chose not address them.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
NOV — January 2008 —Failure to conduct sludge survey
S) The cost to the State of the enforcement procedures.
.M? KR
aWsY�t-;-
Date
Jo gaard
701�
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2016-0052 County: Bladen
Assessed Party: Douglas A. Bordeaux
Permit No.: AWS090125 Amount assessed: $3063.68
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reguest For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282_ l (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DOUGLAS A. BORDEAUX
PERMIT NO. AWS090125
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2016-0052
Having been assessed civil penalties totaling $3063.68 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, February 24, 2017, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in
the assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2017

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
Douglas A. Bordeaux
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 142-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
File No, PC-2016-0052
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
}
Acting pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of. Water Resources (DWR), 1, Jon
Risgaard, Chief of the Water Quality Regional Operations Section of' the DWR. Make the
following:
I. FINDINGS OF FACT:
A. Douglas A. Bordeaux owns and operates the Billy E. Bordeaux Farm, a swine
operation in Bladen County.
B. Douglas A. Bordeaux was issued Certificate of Coverage AWS09-0125 by DWR,
under General Permit AWG100000 for Billy E. Bordeaux Farm on October 1, 2014,
effective upon issuance, with an expiration date of September 30, 2019.
C. Condition No. V. 2. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds must not exceed that specified in the Certified Animal
Waste Management Plan (CAWMP). At a minimum, maximum waste level for
lagoons/storage ponds must not exceed the level that provides adequate storage to
contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural
freeboard."

D. The CAWMP for Billy E. Bordeaux Farm requires that the waste level in the lagoon
does not exceed nineteen (19) inches.
E. DWR staff from the Fayetteville Regional Office (FRO) inspected the Billy F.
Bordeaux Farm on February 23, 2016 and observed that the lagoon level was at 17
inches.
F. Condition No. III.13.e. of General Permit AWG 100000 requires that the Permittee
shall report by telephone to the appropriate Regional Office as soon as possible, but
in no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 2. of the issued permit.
G. The Fayetteville Regional Office had not received notification from Douglas A.
Bordeaux that the waste level exceeded the level specified in the CAWMP of
nineteen (19) inches.
H. Condition 11 24 of General Permit AWG100000 requires that all waste application
equipment must be tested and calibrated at least once every two years. The results
must be documented on forms provided b, or approved by, the Division.
The latest record of equipment calibration provided was done in March 19, 2013.
J. Condition 111.18, of the General Permit AWG 100000 states in part that -All facilities
which are issued a COC to operate under this General Permit, shall conduct a survey
of the sludge accumulation in all lagoons every year".
K. The latest record of sludge survey result provided was done on March 19, 2013.
L. On June 24, 2016 DWR issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Douglas A. Bordeaux identifying violations of NCGS 143-215.1 and
General Permit No. AWG100000. The violations include failure to maintain
lagoon/storage pond level as specified in the facility's CAWMP. Failure to report
by telephone to the FRO following first knowledge of the occurrence of failure to
maintain waste level as specified in lagoon/storage pond design. Failure to test and
calibrate waste application equipment. Failure to conduct a survey of the sludge
accumulation in all lagoons every year.

M. The NOV/NOl was sent by certified mail, return receipt requested and Returned on
July 24, 2016, marked as Undelivered. DEQ/WQROS staff hand delivered the notice
to Mr. Douglas A. Bordeaux on July 25, 2016.
N. The costs to the State of the enforcement procedures in this matter totaled $563.68.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Douglas A. Bordeaux is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid' level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 2. of the General Permit
AWG 100000.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge of
the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 2 violated Condition No.
Ill. 13. e. of the General Permit.
E. The above -cited failure to test and calibrate at least once every two years' waste
application equipment violated Condition No. II 24. Of the General Permit
AWG 100000.
F. The above -cited failure to conduct a survey of the sludge accumulation in the
lagoon is a violation of Condition No. I11. 18. Of'General Permit AWG100000.
G. Douglas A. Bordeaux may be assessed civil penalties pursuant to NCG.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
A. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the
reasonable costs of any investigation, inspection or monitoring survey may be
assessed against a person who violates any regulations, standards, or limitations
adopted by the Environmental Management Commission or violates any terms or

conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or
other document issued pursuant to N.C.G.S. 143-215.2.
H. The Chief of the Water Quality Regional Operations Section, Division of Water
Resources, pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, has
the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Douglas A. Bordeaux is hereby assessed a civil penalty of.
$ for violating Condition No. V. 2. of General Permit
AWG100000 by failing to maintain the liquid level in the
lagoon at the level specified in the CAWMP.
$ for violating Condition No. III. 13. e. of General Permit
AWG100000 by failing to report by telephone to the
appropriate Regional Office as soon as possible, but in no
case more than 24 hours following first knowledge of the
occurrence of failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in
Condition No. V. 2.
$ for violating Condition No. 11. 24. of General Permit
AWG100000 from March 2015 to August 8, 2016 by failing
to test and calibrate waste application equipment at least
once every two years.
$ for violating Condition No. 111. 18. from December 31, 2014
to August 8, 2016 for failure to conduct an annual survey of
the sludge accumulation in the lagoon.
$ TOTAL CIVIL PENALTY which is percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$ Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which
are:

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
September 16, 2016
CERTIFIED MAIL 70101870 0003 4774 3619
RETURN RECEIPT REQUESTED
Sampson Sow Farm
Seacoast Group, LLC
Mr. Joe Szaloky
5205 Masonboro Drive
Wilmington, NC 28409
Subject: NOTICE OF VIOLATION/NOTICE OR INTENT (Amended)
Administrative Code 15A NCAC 2T .1304
NOV-2016-PC-0428
Sampson Sow Farm Facility Number 82-0478, AWS820478
Sampson County
Dear Mr. Szaloky
This is an Amended NOV from the previous one that was dated August 1 NOV-2016-PC-0202 ......The
following items are part of the Amended NOV: Corrected NOV number, Corrected County, Violations
1-2 have been modified, and Violation 3 was added.
On July 28, 2016 staff of the NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Sampson Sow
Farm and the permitted waste disposal system. We wish to thank Mr. Tim Autry for his assistance during
the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No. AWS090125 Section V 2).
According to farm records, on December 14, 2015, a lagoon/storage pond (A) level was documented at 25
inches. The permitted level for this lagoon is 26 inches. Lagoon A remained non -compliant until March
14, 2016, this lagoon was within the permitted level at 27 inches.
According to farm records, on or about December 18, 2015 a second lagoon/storage pond (B) level was
documented at 18 inches of freeboard at the lagoon. The permitted level for this lagoon is 19.5 inches.
State of North Carolina I Environmental Quality I Water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5043
91p433-3300

Mr. Szaloky
September 16, 2016
Page 2
Lagoon B remained non -compliant until March 12, 2016 the lagoon level was documented to be
back within permitted level at 24 inches.
Required Corrective Action for Violation 1:
Continue to follow the a3etions outlined in your permit. Take all necessary additional steps to insure
lagoon levels remain in compliance with Section (V 2) of your permit.
Violation 2:
Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in
accordance with your permit: (Permit No. AWS090125 Section III 13e).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5-day written report. You
documented on your waste structural freeboard form FRBD-1 that on December 18, 2015 one or both of
your lagoon levels were inadequate. One or both lagoons were still in the 24 hour/25 year return period
storm, plus heavy rainfall level (RED) until March 14, 2016.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
Failure to notify Division of Water Resources within 24 hours of a failure to maintain waste level in a
lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam
or as specified in lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition III.13.e above in accordance with your permit: (Permit No. AWS090125 Section
III 13f).
According to your farm records, on February 3, 2016 a lagoon/storage pond (B) level was documented at
1 I inches of freeboard at the lagoon. On February 9and 17, 2016, this lagoon reached 5 inches and was
not out of Structure until March 11, 2016.
According to farm records, on February 23, 2016 a lagoon/storage pond (A) level was documented at 11
inches of freeboard. On March 4, 2016, this lagoon reached 9 inches and was not out of Structure until
March 7, 2016.

Mr. Szaloky
September 16, 2016
Page 3
Required Corrective Action for Violation 3:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before (October 30, 2016):
1. An explanation from the 01C for this farm regarding how this violation occurred.
2. A list from the O1C concerning the steps that will betaken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
September 30, 2016-and to provide a written response to this Notice by September 30, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Bill Dunlap or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
CC: Christine Lawson, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files

PAT MCCRORY
Gavemor
DONALD R. VAN DER VAART
WaterResources
ENVIRONMENTAL QUALITY
August 1, 2016
CERTIFIED MAIL 7010 3090 00013216 4366
RETURN RECEIPT REQUESTED
Sampson Sow Farm
Seacoast Group, LLC
Mr. Joe Szaloky
5205 Masonboro Drive
Wilmington, NC 28409
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT -
Administrative Code 15A NCAC 2T .1304
NOV-2016-PC-0202
Sampson Sow Farm Facility Number 82-0478, AWS820478
Bladen County
Dear Mr. Szaloky
Secretary
S. JAY ZIMMERMAN
Director
On July 28, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Sampson Sow Farm and the permitted waste disposal system. We wish to thank
Mr. Tim Autry for his assistance during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal
Waste Management Plan. (Permit No. AWS090125 Section V 2).
According to farm records, on or about February 7, 2016 during a lagoon/storage pond level was
documented at I 1 inches of freeboard at the lagoon.
On or about February 14, 2016 during a lagoon structure evaluation inspection a lagoon/storage pond
level was documented at 5 inches of freeboard at the lagoon.
On or about March 14, 2016 the lagoon level was documented to be back within permitted level
of 19 inches.
A level of 19 inches is the maximum level allowed by your permit.
State of North Carolina I Environmental Quality I Water Resources
1611 Matz service Center I Raleigh, North Carolina 27699-1611
919 707 9000

Mr. Sraloky
August 1, 2016
Page 2
Required Corrective Action for Violation 1:
Continue to follow the actions outlined in your permit. Take all necessary additional steps to insure
lagoon levels remain in compliance with Section (V 2) of your permit.
Violation 2:
Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in
accordance with your permit: (Permit No. AWS090125 Section III 13e).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5 day written report. You
documented on your waste structure freeboard form FRBD-1 that on February 5, 2016 your lagoon levels
were inadequate. On February 5, 2016 you reported lagoon level of 11 inches. It was further documented
that on February 14, 2016, lagoon levels were at 5 inches.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before (September 1 2016):
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
September 1, 2016 and to provide a written response to this Notice by September 1, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.

Mr. Szaloky
August 1, 2016
Page 3
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director -of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Bill Dunlap or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files

(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
TV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Douglas
A. Bordeaux in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Jon Risgaard, Chief
Water Quality Regional Operations Section
Division of Water Resources

DIVISION OF WATER RESOURCES
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator:
Mr. Douglas A. Bordeaux
Farm Name:
Billy E. Bordeaux Farm
Contact Person:
Douglas A. Bordeaux
Address:
98 Sweet Home Church Road
Facility #:
AWS090125
Regional Office:
Fayetteville
Inspector:
Bill Dunlap
Report Prepared by:
Bill Dunlap
Date:
January 11, 2017
Case Narrative:
On February 23, 2016 during a random lagoon structure evaluation inspection by staff of
the NC Department of Environmental Quality (DEQ), Water Quality Regional Operations
Section (WQROS) a lagoon/storage pond level was documented at 17 inches of freeboard at the
lagoon. Mr. Bordeaux was not on site, did not answer a phone call or the door at his home. Staff
did leave a message on his phone to the effect that Mr. Bordeaux needed to contact them
regarding his lagoon level.
On February 29, 2016 during a random lagoon structure evaluation inspection a
lagoon/storage pond level was documented at 16 inches of freeboard at the lagoon. Mr. Douglas
A. Bordeaux was present at this time and starting his irrigation pump to lower the lagoon level
and apply waste to Bermuda fields. Staff returned to re -inspect the farm on February 29, 2016
because we had no response from Mr. Bordeaux since the last inspection. Mr. Bordeaux
commented that he had checked the lagoon on Sunday the 28" and found the level to be higher
than permitted and planned then to pump on Monday. Since this was Mr. Bordeaux's first
acknowledgement of high freeboard, and it had been in that condition since at least the 23ra, he
failed to inform DWR/WQROS of the fact within 24 hours.
On June 10, 2016 staff of DWR/WQROS conducted a routine inspection the Billy E.
Bordeaux Farm and the permitted waste disposal system.
It was documented on that date that no calibration of spray equipment had been done since
March of 2013.
On June 10, 2016 it was documented that no sludge survey for the Billy E. Bordeaux Fans
(AWS096125) had been done since March of 2013.
Farm and/or Company Compliance History:
Notice of Violation, AWS090040, formerly owned by Mr. Bordeaux:
September 24, 2007 — High freeboard, structure
January 30, 2008, failure to have current sludge survey
June 25, 2009 High freeboard
December 31, 2010, High freeboard

Notice of Violation, AWS090125
January 30, 2008, Failure to have current sludge survey
Violator's de ree of cooperation(including efforts to prevent or restore recalcitrance:
On June 16, 2016 an NOV was sent to Mr. Douglas A. Bordeaux, addressed to his personal
residence. No one ever signed for the letter and it was returned to the office. On July 25, 2016,
Bill Dunlap visited Mr. Bordeaux at the farm and had him sign for the letter and explained its
ramifications.
Mr. Bordeaux retained Mr. Curtis Barwick to help him meet his permitted requirements. On
August 8, 2016 Mr. Barwick calibrated the irrigation equipment and conducted sludge surveys
for the lagoon. Mr. Barwick left relevant reporting forms at the farm. Mr. Barwick forwarded the
reports DWR/WQROS staff on August 15, 2016.
Fish kill observed`.' YIN if yes, include report from WRC:
No fish kill was observed. -
Mitizatin! Circumstances:
Mr. Bordeaux had contracted with Arguments Services (Geno Kennedy) for calibration and
sludge survey in 2014, but according to Mr. Bordeaux, only for the Billy Bordeaux Farm (09-
0125) and not for the Home Farm (09-0115) or the Clarkton farm (Doug Bordeaux 42, 09-0040),
which has since been sold to Nick Gooden. Mr. Kennedy performed the requested, services on all
the farms, billing accordingly. Mr. Bordeaux was willing to pay for the Billy Bordeaux Farm
(09-0125), but not the others and Mr. Kennedy would not release any information about work
done, without full payment of invoice.
Recommendation:
The Fayetteville Regional Office is recommending assessment of civil penalties pursuant to G.S.
143-215.6A.
Assessment Factors required to be considered by G.S. 143B-282.1(b):
The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from violation:
In reference to the cited violation, no harm to the natural resources of the State was observed, to
the public health, or to private property was documented. With no on farm waste application
records or waste analysis DWRJWQROS is unable to determine if waste was applied above
agronomic rates, when it was applied or if any runoff of applied waste occurred.
The duration and gravity of the violation:
A compliance inspection was completed on June 10, 2016 and documented that the farm was in
compliance except that the farm failed to have on hand a current Sludge Survey. Mr. Bordeaux
also failed to advise DEQ/WQROS of his high freeboard situation in February.
The effect on ground or surface water quantity or quality:
The effect on groundwater quality could not be measured.

The cost of rectifying the damage:
This factor cannot be determined because there is no evidence of a discharge to the waters of the
State.
The amount of money saved by noncompliance:
The cost of irrigation calibration was $200.00 and sludge survey was $250.00, for a total
estimated money saved is $450.00. These are numbers are from Mr. Curtis Barwick, who
performed the services.
Whether the violation was committed willfully or intentionally:
Because DWR/WAROS CAFO inspector Bill Dunlap had reviewed the situation with Mr.
Bordeaux in 2015 and his past history of this particular violation on another farm, it could be
established that Mr. Bordeaux was aware of the need to remedy these matters and willfully chose
not address them.
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
The Billy E. Bordeaux Farm as a permitted facility has failed to comply with the Required
Records and Documentations of their permit for the past year.
The Billy E. Bordeaux Farm has a history of this type violation, as well as other facilities
(090040, 090115) held now or formerly by Mr. Bordeaux.
The DWR Staff have repeatedly provided information in an attempt to help the farm become
compliant.
Summary of Enforcement Cost:
The cost to the State of the enforcement procedures:
Bill Dunlap 10 hours @ $27.67 /hr. $ 276.70
Asst. Supervisor, Allen I hours @ $45.68/hr. $ 45.68
Supervisor, Henson 1 hours @$44.36/hr. $ 44.36
Certified Mail 1 @ 6.46 $ 6.46
Central Office Administrative Cost $ 100.00
Mileage-3 trips, total 233 mi@ $0.39 $ 90.48
Total $ 563.68

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
smeary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL Ot1ALMY
Drnector
June 24, 2016
CERTIFIED MAIL 7010 3090 00013216 4281
RETURN RECEIPT REQUESTED
Billy E. Bordeaux Farm
Douglas A. Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2016-PC-0202
Billy E. Bordeaux Farm Facility Number 09-0125, AWS090125
Bladen County
Dear Mr. Douglas A. Bordeaux
On February 23, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Billy E. Bordeaux Farm and the permitted waste disposal system. No one from
the farm was present or assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal
Waste Management Plan. (Permit No. AWS090125 Section V 2).
On February 23, 2016 during a lagoon structure evaluation inspection by staff of the NC DEQ, Division
of Water Resources (DWR) a lagoon/storage pond level was documented at 17 inches of freeboard at the
lagoon.
On February 29, 2016 during a lagoon structure evaluation inspection a lagoon/storage pond level was
documented at 16 inches of freeboard at the lagoon. Mr. Douglas A. Bordeaux was present at this time
and starting his irrigation pump to lower the lagoon level and apply waste to Bermuda fields.
State of North Carolina i Environmental Quality I Water Recourses
1611 Mail service Center I Raleigh, Notth Carolina 27699-1611
919 707 9000

Mr. Bordeaux
June 24, 2016
Page 2
On February 29, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Mr.
Bordeaux
Regional Operations inspected the Billy E. Bordeaux Farm and the permitted waste disposal
system. We wish to thank Mr. Douglas A. Bordeaux, who was present and assisted during the
inspection.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated February 29, 2016
and received in the Fayetteville Regional Office on February 29, 2016. Take all necessary additional
steps to insure lagoon levels remain in compliance with Section (V 2) of your permit.
Violation 2:
Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in
accordance with your permit: (Permit No. AWS090125 Section III 13e).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5 day written report. You
documented on your waste structure freeboard form FRBD-1 that on February 23, 2016 your lagoon
levels were inadequate. On February 29, 2016 you reported lagoon level of 16 inches.
Because of the high chronic rain fall, DEQ employee Bill Dunlap was visiting several farms in the area on
February 23, 2016. After the February 23, 1:00 PM visit, when the lagoon level at the Billy E. Bordeaux
farm was at 17 inches a phone call was made to Mr. Bordeaux on February 24, but he did not respond or
return a call in response to a message. When Bill Dunlap returned to the farm on February 29, 11:30 AM,
the lagoon level as at 16 inches and Mr. Bordeaux was starting the engine to pump the lagoon. Mr.
Bordeaux acknowledged that the lagoon was high and that this was the first time it had been dry enough
to pump.
At the time of the Tuesday, February 23 visit, Mr. Dunlap was accompanied by Mr. Curtis Barwick and
on the Monday, February 29 visit he was accompanied by Ms Kathy Barker.

Mr. Bordeaux
June 24, 2016
Page 3
Required Corrective Action for Violation 2:
In the future, please notify' -the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
Failure to test and calibrate all waste application equipment at least once every two years in accordance
with your permit: (Permit No. AWS090125 Section II 24).
On .tune 10, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations inspected the Billy E. Bordeaux Farm and the permitted waste disposal system. We
wish to thank Mr. Douglas A. Bordeaux, who was present and assisted during the inspection.
It was documented on that date that no calibration of spray equipment had been done since March of
2013.
Required Corrective action for Violation 3:
If you have not already done so please have spray equipment used at the Billy E. Bordeaux Farm
(AWS090125) calibrated within the next 30 days and see that confirmation is sent to my attention at 225
Green Street, Suite 714, Fayetteville, NC 28301.
Violation 4:
Failure to conduct a survey of the sludge accumulation in all lagoons every year in accordance with the
CAWMP: (Permit No. AWS090125 Section III 18).
On dune 10, 2016 it was documented that no sludge survey for the Billy E. Bordeaux Farm (AWS090125)
had been done since March of 2013.
Required Corrective action for Violation 4:
If you have not already done so, have a sludge survey done at the Billy E. Bordeaux Farm (AWS090125)
within the next 30 days and see that confirmation is sent to my attention at 225 Green Street, Suite 714,
Fayetteville, NC 28301.

Mr. Bordeaux
June 24, 2016
Page 4
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before (July 20, 2016):
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before July 20,
2016 and to provide a written response to this Notice by July 20, 2016. Please include in your
response all corrective actions already taken.and a schedule for completion of any corrective actions not
addressed.
Asa result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any Questions concerning this Notice, please contact Bill Dunlap or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Christine Lawson, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files

For deitverj information visit our website ai www.usps.com+
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Structure Evaluation Inspection
Facility Number: 0( -- Date:) � Fc�
Time in: � 1 Time out: 4
Farm Name: t d/' Farm 911 address:
Owner Name:.i Jvr_ uxl Rhone
Facility Contact:
Onsite Representative:
Certified Operator:
cl Integrator: k
ct Cert. Number
Is storage capacity less than adequate? Yes _jZN o
If yes is waste level into the structural freeboard? Yes No
Was non -compliant level reported to DWR POA receivedT
Structure: 1 2 3 4 5 6
Identifier:
Spillway?
Designed Freeboard (in.):
r1
Observed Freeboard (in.):
Are there any immediate threats o the integrity of any of the structures
observed? Yes IN
Do any structures lack adequate markers as required by the permit? Yes No ✓
Does any part of the waste management system need repair Yes No/
Condition of field's I
Condition of receiving crop
Comments: ?'

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 090125 Facility Status: Active
Inpsection Type: Structure Evaluation
Reason for Visit: Routine
Date of Visit:
Farm Name:
Owner:
Permit; AWS090125 ❑ Denied Access
Inactive Or Closed Date:
County: Bladen
02129/2016 Entry Time: 11:15 am Exit Time: 11:45 am
Billy E Bordeaux Farm
Douglas A Bordeaux
Region: Fayetteville
Incident #
Owner Email: [e-mail]:
Phone: [phone]
Mailing Address: 98 Sweet Home Church Rd Elizabethtown NC 28337
Physical Address: 2690 Sweet Home Church Rd Elizabethtown NC 28337
Facility Status: ❑ Compliant E Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34' 40' 57" Longitude: 78° 33' 05"
From Elizabethtown, take Hwy 701 north to Sweet Home Church Road, turn left and go approx. 3 miles to farm on right.
Question Areas:
Waste Col, Stor, & Treat
Certified Operator: Douglas A Bordeaux Operator Certification Number: 17945
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Douglas Bordeaux Phone
On -site representative Douglas Bordeaux Phone
Primary Inspector: Bill Dunlap
Inspector Signature:
Secondary Inspector(s):
Phone:
Date:
Inspection Summary:
I visited this facility on February 24, 2016 with Curtis Barwick, Lagoon Level was at 17 inches then. I wanted to give Mr. Bordeaux
time to call in a high freeboard report, since we had significant rain over night and did not want him to say he had not been down
that morning. I visited again on February 29, with Kathy Barker as witness. Mr. Bordeaux had not called in and the lagoon was at
about 16, he said 17 and without an instrument to measure, I am going to give him the benefit of the doubt. However, it had been
in that contition for six days and he had not called in,violating his permit. Mr. Bordeaux has been deficient in several items the past
two years, at the next inspection, within the month, I plan to cite every item and proceede to NOV.
page: 1

Permit: AWS090125 Owner - Facility : Douglas A Bordeaux Facility Number; 090125
Inspection Date: 02/29/16 Inpsection Type: Structure Evaluation Reason for Visit: Routine
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon 1 19A0 17.00
Waste Collection Storage & Treatment
4. is storage capacity less than adequate?
If yes, is waste level into structural freeboard?
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
maintenance or improvement?
Yes No Na No
■❑❑❑
❑■❑❑
❑■❑❑
❑■❑❑
❑a❑❑
❑ M ❑ ❑
page: 2

Type of Visit: (D'Compliance Inspection O Operation Review 0 Structure Evaluation O Technical Assistance I
Reason for Visit: O Routine 0 Complaint O Follow-up O Referral O Emergency O Other 0 Denied Access
Date of Visit: Arrival Time: { a Departure Time: County: �]rcc�[� Region:�
Farm Name: l ( G 4e.4,w Owner Email:
Owner Name: p 10'4Phone:
Mailing Address:
Physical Address:
Facility Contact: D[9t7�`d� PQ.� Title: Phone:
Onsite Representative: r Integrator: r-f f — S
Certified Operator: Certification Number:
Back-up Operator: Certification Number:
Location of Farm: Latitude: Longitude:
C'— DJ-OZ�
e-A �c��6 I 1 7'o7'- L)o ?'_0(
Design Current
Design4 Current
Design Current
Swine
Capactty „JPop:
Wet Poul#ry
CapacityP,op
Cattle Capacity Pop.
Wean to Finish
La er
Dairy Cow
Wean to Feeder
Non -La er
Dairy Calf
Feeder to Finish
Dairy Heifer
Farrow to Wean
Desi Cii rent
Dry Cow
Farrow to Feeder
D . P,oult .
Ca acgiP,o
Non -Da'
Farrow to Finish
Layers
Beef Stocker
Gilts
Non -Layers
Beef Feeder
Boars
Pullets
Beef Brood Cow
Turkeys
Other:`::
Turkey Poults
Other
]ML_J0ther—
Discharees and Stream Impact
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c_ What is the estimated volume that reached waters of the State (gallons)?
❑ Yes [3 To- ❑ NA ❑ NE
[:]Yes
❑ No
ff NA
❑ NE
❑ Yes
❑ No
[�JNA
❑ NE
d. Does the discharge bypass the waste management system? (If yes, notify DWQ) ❑ Yes
❑ No
[301NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes
�o
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes
Ea Ko
❑ NA
❑ NE
of the State other than from a discharge?
Page l of 3 21412011 Continued

Facili Number: - Date of Inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes [&N6 ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No [a-bIA- ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
I °T 65
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
❑ Yes
❑ No
❑ NA
❑ NE
waste management or closure plan?
tf any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR
7. Do any of the structures need maintenance or improvement?
❑ Yes
Hilgo
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
Q.�o
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ Yes
�o
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
[B^No
❑ NA
❑ NE
maintenance or improvement?
I I . Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes Q�No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window /❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s): s G o t) A "4
13. Soil Type(s):
r"fild
14. Do the receiving crops differ from those designated in the CAWMP?
15. Does the receiving crop and/or land application site need improvement?
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
Re uired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? if yes, check
the appropriate box.
[:]Yes ga<10 ❑ NA ❑ NE
❑ Yes [30<oD ❑ NA ❑ NE
❑ Yes afIo ❑ NA ❑ NE
❑ YesQl,'�To
❑ NA
❑ NE
E &-Y'es
❑ NA
❑ NE
❑ Yes E!j'No ❑ NA ❑ NE
❑ Yes [?No ❑ NA ❑ NE
❑WUP ❑Checklists ❑Design ❑Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes [!fNo ❑ NA ❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers 0 Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute inspections ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes VNo
❑ NA ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ NA ❑ NE
Page 2 of 3 21412014 Continued

Faciti .Number: - Date of Ins ection: wi-e
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes 1_J "o ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check E4.*r ❑ No 0 NA ❑ NE
the appropriate box(es) below.
ailure to complete annual sludge survey ❑Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes E3-Vo ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes C -tqo ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes 13t o
❑ NA
❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes [3-10
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
[ 'es ❑ No
❑ NA
❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? if yes, check the appropriate box below.
[] Yes L`T o
❑ NA
❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes [TT-wKa
❑ NA
❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes �
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes o
❑ NA
❑ NE
Comments (refer to:.question.# ): Explain any YES answers. and/or any additional recommendations or any other comments.
Use drawings of facility to better explain situations (use additional pages as necessary).
s:
C('L, It f.4' I O.A —ow'-p—
I �G PIr
S ce
�y
ID
Reviewer/Inspector Name: AA,
Reviewer/Inspector Signature:
Page 3 of 3
Phone: � 3 _3
Date:'0 �.4cnc Il
21412011

Division of Water Resources
Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
090125 Facility Status: Active
Permit: AWS090125
❑ Denied Access
Inpsection Type:
Compliance Inspection
Inactive Or Closed Date:
Reason for Visit:
Routine County:
Sladen Region:
Fayetteville
Date of Visit:
06/10/2016 Entry Time: 09:30 am Exit Time: 11:00 am Incident #
Farm Name:
Billy E Bordeaux Farm
Owner Email:
[e-mail];
Owner:
Douglas A Bordeaux
Phone:
910-874-1477
Mailing Address:
98 Sweet Home Church Rd
Elizabethtown NC 28337
Physical Address:
2690 Sweet Home Church Rd
Elizabethtown NC 28337
Facility Status:
❑ Compliant Not Compliant Integrator:
Murphy -Brown LLC
Location of Farts:
Latitude:
34° 40' 57" Longitude:
78' 33' 05"
From Elizabethtown, take Hwy 701 north to Sweet Home Church Road, turn left and go approx.
3 miles to farm on right.
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat
Waste Application
Records and Documents Other Issues
Certified Operator: Douglas A Bordeaux Operator Certification Number: 17945
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Douglas Bordeaux Phone:
On -site representative Douglas Bordeaux Phone
Primary Inspector: Bill Dunlap Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
#18 No recent calibration
#25 No Recent Sludge Survey
#30 Failure to report high freeboard.
page: 1

Permit: AWS090125 Owner - Facility : Douglas A Bordeaux Facility Number: 090125
Inspection Date: 06/10/16 Inssection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Feeder to Finish 3.672 0
Total Design Capacity: 3,672
Total S5LW: 495,720
Waste structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon 1 19.00 29.00
page: 2

Permit: AWS090125 Owner -Facility: Douglas A Bordeaux Facility Number: 090125
Inspection Date: 06/10/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes No Na Ne
+ 1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
0 ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
e ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection, Storage & Treatment
Yes No Na Ne
4. Is storage capacity less than adequate?
0
❑ ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
M ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
■ ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑
❑
maintenance or improvement?
Waste Application
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ 0 ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ 0 ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manurelsludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS090125 Owner - Facility : Douglas A Bordeaux Facility Number: 090125
Inspection Date: 06/10/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Application Yes No Na No
Crop Type 1 Bermuda Grass (Hay.
Pasture)
Crop Type 2 Millet
Crop Type 3 Corn (Grain)
Crop Type 4 Wnter Annual
Crop Type 5
Crop Type 6
Soil Type 1
Torhunta
Soil Type 2
Cape Fear
Soil Type 3
Ocilla
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
M ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need. improvement?
❑
■ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
M ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
M
❑ ❑
❑
Records and Documents
Yes
No Na No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑ .0
❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
M []
❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
M ❑
❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
page: 4

Permit: AWS090125 Owner - Facility : Douglas A Bordeaux Facility Number: 090125
Inspection Date: 06/10/16 Inpsection Type: Compliance inspection Reason for Visit: Routine
Records and Documents
Yes
No Na No
Crop yields?
❑
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
0 ❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
0 ❑
❑
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
0 ❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
E
❑ ❑
❑
appropriate box(es) below:
Failure to complete annual sludge survey
Failure to develop a POA for sludge levels
❑
Non -compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
0 ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
0
N ❑
❑
Other Issues
Yes
No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
N ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
E ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
01111
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility?
❑
0 ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon 1 Storage Pond
❑
Other
❑
If Other, please specify
32, Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWMP?
33. Did the Reviewer/lnspector fail to discuss review/inspection with on -site representative?
❑
0 ❑
❑
34. Does the facility require a follow-up visit by same agency?
❑
0 ❑
❑
page: 5

FEB-29-2016 FP.ON:{LADEN EXTENSION 910862E9:_�9 T0:919104860707 P.2/4
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number: q - , � County: &&JO
Facility Name:
Certified Operator Name: ]) li Yl'�P/1 f� 1C Operator #
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Lagoon Name/Identifier (ID): 1
Spillway (Yes or No): �-D
Level (inches): I i9
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within
acceptable ranges.
Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day
Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information.
Contact and secure approval from the Division of Water Quality prior to transfer of waste
to a site not covered in the facility's certified animal waste management plan.
Operation will be partially or fully depopulated.
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 4,1-Qq 1&
I hereby certify that I have reviewed the information listed above and included within the attached Plan
of Action, and to the best of my knowledge and ability, the information is accurate and correct.
Phone:
Facility Owner/Manager (print)
Date:
Facility Owner/Manager (signature)
PoA Cover Page 2121100r�tfwm � &

FEB-E9-2016 14: 59 FROM: BLRDEN EXTENSIOid 910B6BE939 TO:919104860707 P. �'4
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/ldentifier (ID): 1
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker ifi.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches
c. line b - line a (inches In red zone) = 3.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 106176 le
e. line c/12 x Ilne d x 7.48 gallonsfie 198549 gallons
3, Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 121058 fe
h. current herd # r---3-6-7-2-1 certified herd #1 3672
actual waste produced = current herd # x line g
certified herd #
i. volume of waste water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated F 3/27/2014
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2121/00
121058 fe
79508 ft3
64400 fe
330324 gations
1.90 Ibs/1000 gal.
1004.9 lbs. PAN

FEE,-29-2016 14:40 FRON:BLs:�DEN EXTENSION 9109626939 TO:919104860707 P.414
II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124
HR. STORM STORAGE ELEVATIONS IN ALL WASTE
STRUCTURES FOR FACILITY
1.
Structure 10: 1
line m = 1004.9 lb PAN
2.
Structure ID:
line m =
lb PAN
3.
Structure ID:
line rn =
lb PAN
4.
Structure ID:
tine m =
lb PAN
5.
Structure ID:
line m =
lb PAN
6.
Structure ID:
line rn =
lb PAN
n.lines 1+2+3+4+5+6= 10D4.9lbPAN
111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PFRIAn_ nn NnT I IAT FIF1 I]A TA WRICEI PAN CANNnT RF APPI. IFIN nURINC. THIS 30 DAY PFRIOn-
o. tract #
p. field #
q. crop
r. acres
a. remaining IRR
2 PAN balance
Oti/acria)
t TOTAL PAN
BALANCE FOR
FIELD (I125.1
column r x a
u. application window
1625
4
hybrid bermuda pasture
2.50
166
415.0
3/1-9/30
16251
5,15
hybrid bermuda pasture
5.60
111
610.5
3/1-9/30
1625
7.8
hybrid bermuda Usture
13.00
162
2106.0
3/1-9/30
1625
9.10
hybrid bermuda pasture
19.50
216
4212.0
311-9130
40.50
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (slim of column t) = 7343.5 lb. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section 11) = 1004.9 Ib. PAN
x. Crop's remaining PAN balance (line v from section 111) = 7343.5 lb. PAN
y. Overall PAN balance (w - x) a 4339 lb. PAN
IARRATIVF.:
legin pumping as soon as Fields are dry. Will continua to pump on bermuda until lagoons are back in compliance
PoA (30 Day) 2/21 /00

BARWICK AG SERVICES, LLC CLINTON, NC 910-385-1000
Appendix 1. Lagoon Sludge Survey Form
A. Farm Permit or DWQ Identification Number Doug Bordeaux 9-125
13_ Lagoon Identification 1
C. Person(s) Taking Measurements
D. Date of Measurement
E. Methods/Devices Used for Measurement of:
Curtis Barwick
FART IR-1
a. Distance from the lagoon liquid surface to the top of the sludge layer,
remote control boat wl depth sonar
b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon.
pvc pipe
c. Thickness of the sludge layer if making a direct measurement with "core sampler'
F. Lagoon Surface Area (using dimensions at inside top of bank): 2,38 (acres)
(Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area. The lagoon
may have been built different than designed, so measurements should be made.)
G. Estimate number of sampling points:
a. Less than 1,33 acres: Use 8 points
b. If more than 1.33 ac.
6295 points measued
acres x 6 = with maximum of 24.
(Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the
estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data
recorded at each can be easily matched.)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). Also, at the
location of the pump intake, take measurements of distance from liquid surface to top of sludge
layer and record it on the Data Sheet (last row); this must be at.ieast 2.5 ft. when irrigating.
I. At the time of the survey, also measure the distance from the Maximum Liquid Level to the Present Liquid
Level (measure at the lagoon gauge pole): 1.0
J. Determine the distance from the top of bank to the Maximum Liquid Level 1.7
(use lagoon management plan or other lagoon records)
K. Determine the distance from the Maximum Liquid to the Minimum Liquid level: 2.8
(use lagoon management plan or other lagoon records)
L. Calculate the distance from the present liquid surface level to the Minimum Liquid Level 1.8
(Item K Minus Item I, assuming the present liquid level is below the Maximum Liquid Level)
M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the
lagoon bottom (average for all the measurement points) 9.1
N. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top
of the sludge layer (average for all the measurement points): 5.3
O. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer: 3.8
P. Calculate the thickness of the existing Liquid Treatment Zone (Item N minus Item L): 3.6
Q. If Item O is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume.
If Item O is equal to or less than Item P, you do not have to determine volumes.
4 at pump intake
Completed by: Curtis Barwick Date: 8I812016
Print Name /Signature

Appendix 2. Sludge Survey Data Sheet" Revised August 2008
Lagoon Identification
Completed by:
Print Name
Signature
Date:
Grid Point
Distance from liquid surface
Distance from liquid surface
Thickness of sludge layer
No,
to top of sludge
to lagoon bottom (soil)
Ft. & in.
Ft. (tenths)
Ft. & in.
Ft. (tenths)
Ft. & in.
Ft. (tenths)
1
OA
0.0
0,0
2
0.0
0.0
0.0
3
0.0
0.0
0.0
4
0.0
0.0
0.0
5
0.0
0.0
0.0
6
0.0
0.0
0.0
7
0.0
0.0
0.0
8
0.0
0.0
0.0
9
0.0
0.0
0.0
10
0.0
0.0
0.0
11
0.0
0.0
0.0
12
0.0
0.0
0.0
13
0.0
0.0
0.0
14
0.0
0.0
0.0
15
0.0
0.0
0.0
16
0.0
0.0
0.0
17
0.0
0.0
0.0
18
0.0
0.0
0.0
19
0.0
0.0
0.0
20
0.0
0.0
0.0
21
0.0
0.0
0.0
22
0.0
0.0
0.0
23
0.0
0.0
0.0
24
0.0
0.0
0.0
Number of points with readings
X X
X X
Average of
points
X X
#DIVIO!
X X
#DIVIO!
X X
#DIVIO!
At pump
intake I
� _ _ _ _t
0.0
X X X X X X
'All Grid Points and corresponding sludge layer thicknesses must be shown on a sketch attached to this
Sludge Survey Data Sheet.

Appendix 3. Worksheet for sludge volume and treatment volume Revised August 2008
The average thickness of the sludge layer and the thickness of the existing liquid (sludge -free) treatment zone are determined
from the information on the Lagoon Sludge Survey Form ( Items O and P, respectively). In this example, the average sludge
layer thickness is 25 feet and the existing liquid treatment zone is 3.5 feet. If the lagoon has a designed sludge storage volume,
see notes at end of the worksheet. The dimensions of the lagoon as measured and the side slope are needed
for calculations of sludge volume and of total treatment volume, if the lagoon is a standard geometric shape, the sludge
volume and the treatment volume in the lagoon can be estimated by using standard equations. For approximate volumes
of rectangular lagoons with constant side slope, calculate length and width at the midpoint of the layer, and multiply by layer
thickness to calculate layer volume, as shown in the example. For irregular shapes, convert the total surface area to a square
or rectangular shape. For exact volumes for lagoons with constant side slope, the "Prismoidal Equations" may be used.
Example Your Lagoon
1. Average sludge Layer Thickness (T) 2.5 ft. 3.8
ft.
2. Depth of the lagoon from top of bank to bottom soil surface (D) 11 ft. 11.8
ft.
3. Slope = Horizontatl vertical side slope (S) 3 3.0
4. Length at the top of inside bank (L) 457 ft. 450.0
ft.
5. Width at top inside slope (W) 229 ft. 230.0
ft.
6. Length at midpoint of sludge layer Lm = L-2S(D-(T/2)) 398.5 ft. 390.6
ft.
7. Width at midpoint of sludge layer W,,,= W-2S(D-(T/2)) 170.5 ft. 170.6
ft.
8. Volume of sludge (Vs) Vs=Lm Wm T 169,860 ft' 253,218
ft3
9. Volume in gallons: Vs9=V'7.5 gatjft3. 1,273,950 gal. 1,899,136
gal.
10. Thickness of existing liquid tmt. zone (Y) 3.5 ft 3.6
ft
11. Thickness of total treatment zone (Z) Z= T+Y 6 ft 7.4
ft
12. Length at midpoint of total tmt. zone Lz = L-2(S)(D-(Z/2) 409 ft. 401.3
ft.
13, Width at midpoint of total trot. Zone Wz = W-2(S)(D-(Z/2) 181 ft. 181.3
ft.
14. Volume of total treatment zone (Vz) Vz = LZ WZ Z 444,174 ft3 534,540
ft3
15. Ratio ( R ) of sludge layer volume to total Treatment Volume
R = VsNz 0.38 0.47
If the ratio R exceeds 0.50, than a sludge Plan of Action may be required. Check with DWQ for information
on filing the Plan of Action.
Note: If the lagoon has a designed sludge storage volume (DSSV), subtract that volume from both the volume
of sludge (Vs) (item 8) and from the volume of total treatment zone (Vz) (Item 14), and take the ratio.
Then, R = (Vs-DSSV) / (Vz - DSSV)
Example: If DSSV = 85,000 ft3, then R = (169,860 - 85,000) / (447,174 - 85.000) = 84,860 1362.174 = 0,24.
16. Design sludge storage volume (DSSV) 85,000
17. Ratio (R) of sludge layer volume to treatment volume adjusted
for designed sludge storage volume 0.24 0.47

BARWICK AG SERVICES, LLC
Clinton, NC 28328
910-385-1000
Irrigation Equipment Field Calibration Form
Location: e�elr'li V-X " o S�
Date of Field Calibration: d
(=V&1(yy)
Flow Meter Serial Number: A 642c, &Z 0 3 (fF Ls )
Equipment Number:
Measured ring size: inches
Is ring size within 0.01" of original manufacnured size?
--/I— Yes or No. If not replace ring.
Pressure Gauge Readings At Pump: / —76 psi
At Traveler: psi (if applicable)
At Sprinkler/Gun: psi
Expected Flow Rate (from manufacturers cbart): �`'S� GPM
Measure Flow Rate (from flow meter): % 1'S� GPM
Flow rate variance greater than 10%
Yes Na ✓
Expected Wetted Diameter (from the wettable acres determination) :
Measured Wetted Diameter. 1� 57 ft.
,� 73- ft.
Wetted diameter variance greater than 15% Wor measured flow variance greater than
10%: Yes No ✓ If Yes, then contact a technical specialist or irrigation
dealer for assistance, enter work order number:
And/or explain findings:
Calibrator:
(Signature)
Irrigation Equipment Field Calibration Fora: 4-1-03,doe Retention period: 3 years Original 411103

F
BARWICK AG SERVICES, LLC
Clinton, NC 28328
910-386-1000
Irrigation Equipment Field Calibration Farm
Location:
Date of Field Calibration: d �L
(nmVddlyy)
Flow Meter Serial Number: 426OR 03 (i Gs?)
Equipment Nuzriber:
Measured ring size: -� r inches e'
Is ring size y�rirhin 0.01" of original manufactured site?
J Yes or No_ if not replace ring.
Pressure Gauge Readings At Puutp: i2 psi
At Traveler:
psi (if applicable)
At Sprinkler/Gun: 36 psi
Expected Flow Rate (from manufacturers chart): S GPM
Measure Flow Rate (from flow meter): w 5 GPM,
Flow rate variance greater than 10%
Yes No
Expected Wetted Diameter (from the wettable acres detem inarion) ft.
Measured Wetted Diamemr:
Wetted diameter variance greater than 15% &for measured flow variance greater than
101/0: Yes No ," If Yes, then contact a technical specialist or irrigation
dealer for assistance, enter work order number:
And/or explain findings:
Calibrator: ��� '&-�
(s>guature)
Irrigation Equipment Field Calibration Form 4-1-03.doc Rctertion Period: 3 years Original 4f1/03