090189_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
�o
January 26, 2009
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, NC 28441
RE: Payment Schedule for Civil Penalty
Case PC-2008-0073
Farm # 09-0189
Bladen County
Dear Mr. Smith:
Coleen H. Sullins, Director
Division of Water Quality
t RKEIVED.
JAN 28 MM
t{ QENR - FKiI1ILLE R f EG ONALOFRCE
This letter is to acknowledge receipt of your Check Number. 1760 in the amount of
$1690.92 on January 26, 2009. The balance of the penalty is $1690.91.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. If you have any questions, please call me at [phone]:
Sincerely,
W#P
Miressa D. Garoma
Animal Feeding Operations Unit
cc: APS-Fayetteville Regional Office
File # PC-2008-0073
APS Central Files
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterguality.org Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer- 50% Recyded110% Post Consumer Paper
N� Carolina
Aatura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2; [phone]
Customer Service: [phone]

I
I
Beverly Eaves Perdue, Govemor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
January 22, 2009
CERTIFIED MAIL - # 7002 2410 0003 0273 8599
RETURN RECEIPT REQUESTED
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, NC 28441
SUBJECT: Payment Schedule for Civil Penalty
Case DV-2008-0073
Faun # 09-0189
Bladen County
Dear Mr. Smith:
Coleen H. Sullins, Director
Division of Water Quality
RFICTIIE
f
JAN 26 20
DENR - FA1'ETiEVA LE REGIONAL OFFICE
You have requested a schedule for making partial payments toward the $3381.83 civil
penalty that was assessed by the Division of Water Quality (DWQ) on September 2, 2008. The
Division is agreeable to a- Two (2) month payment schedule beginning on February 1, 2009 and
ending March 1, 2009. There will be One (1) payment of One Thousand Six Hundred Ninety
Dollars and Ninety Two Cents ($1690.92) in February 1, 2009, and one final payment of One
Thousand Six Hundred Ninety Dollars and Ninety One Cents ($1690.91) on March 1, 2009.
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to
the Department of Environment and Natural Resources and mail them so they are received by the
1 st of each month.
Failure to make the monthly payments in accordance with this schedule will cause the entire
unpaid balance of the civil penalty to be due and payable and subject to collection through a civil
action in the superior court.
Mail your payments to the address shown below to make sure that they are properly recorded.
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterQuality.ora Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
tCarolina
rrrally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: (919) 715-058B
Fax 2: [phone]
Customer Service: [phone]

V
If you have any questions, please call Miressa D. Garoma at [phone].
Sincerely, -- �.
&s
een H. Sullins
CHS/mdg
Attachments
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Robert Marble, FRO w/ attachments
File # PC-2008-0073 w/ attachments
APS Central Files w/ attachments

RFCE t i
DEC 31 2= lit i
DENR--FAYETfEOLLE REGIONAL OFFICE
December 30, 2008
CERTIFIED MAIL - 47007 2680 0003 0040 6034
RETURN RECEIPT REQUESTED
Mr. Wayne Smith
Wayne and Susan Smith Faun
1201 Wade Smith Road
Garland, North Carolina 28441
Michael F. Easley, Governor
William G. Ross Jr., Secretary.
North Carolina Department of Environment and Natural Resources
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm No. 09-0189
Bladen County
File No. PC-2008-0073
Permit No. AWS090189
Dear Mr. Wayne Smith:
Coleen H. Sullins, Director
Division of Water Quality
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of S3381.83.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request -
If you choose to pay the penalty, please make your check pMabje to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of.
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
On
e
- Carolina
,Xaturatly
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1017 Phone [phone] Customer Service
Internet: www.newaterquality-org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

Page 2
If you or your representative would like to speak before the Committec-you must complete and
return the attached form within thi 30 days of receipt of this letter. Send the completed form
to:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 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 required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any.questions, please contact
Keith Larick at [phone].
Si ly,
oleen H. l ns
Attachments
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Robert Marble, FRO w/ attachments
File # PC-2008-0073 w/ attachments
APS Central Files w/ attachments

I
Memorandum
To: Coleen H. Sullins
Through: Miressa Garoma/Keith Larick �L
From: Stephen A. Barnhardt, Fayetteville Regional Office Supervisor
Robert Marble — Washington Regional Office
Date: December 16, 2008
Re: Remission Request for Wayne Smith / Wayne and Susan Smith Farm
Enforcement Case PC-2008-0073
SUMMARY
A civil penalty of $3381.83 was assessed against Wayne Smith for failing to properly operate and
maintain equipment and spray fields at all times, by applying animal waste to a wooded area not
included in the CAWMP, and by failing to prevent excessive ponding and runoff.
CASE BACKGROUND
April 30, 2008 -Inspection
On April 30, 2008, during routine flight operations, DWQ personnel observed animal waste being
applied outside the limits of the spray field at the facility at approximately 11.00 am. The spray
gun was at the end of the field and spraying waste into the wooded area beyond the limits of the
spray field. DWQ personnel arrived on site at approximately 12:30 pm to conduct an
investigation. The spray gun was still located in the same spot as seen from the air. Animal waste
was still -being applied into the trees off of the spray field. Animal waste was ponded in several
locations off of the spray field. Upon arrival, DWQ personnel observed the reel not moving and
found the motor was not on. There was no evidence of repair work or maintenance on the reel at
the time DWQ arrived on site. Based on the lagoon records and current lagoon levels the
estimated volume of lagoon effluent was 35,926 gallons.
April 30, 2008 - Sampling
Sample ware taken from point of discharge for nitrogen, phosphorus, fecal coliform and BOD
analyses. Lab results shown below.
BOD m /L
302 m /L
Fecal
Coliform
CFU/100m1
3000cfu/100 ml
NH3
335 m /L
Total
Keldahl N
381 mg/L
NO2+NO3
0.436 m IL
Phosphorus
6.45 m /L
Mav 7, 2008 - NOV
A NOV was issued May 7, 2008 citing failure to apply animal waste in accordance with the
facility's Permit and Certified Animal Waste Management Plan.

1
June 2008 - Response to NOV
There was no response to the NOV.
September 2 2008 — Assessment of Civil Penalties
A civil penalty of $3381,83 including $881.83 in investigative costs was issued to Wayne Smith
for:
Applying Waste to a wood area ......................................... $2,500.00
Enforcement Costs. .......................................................... . $883.81
Total Civil Penalty............................................................$3383.81
September 24, 2008 — Justification For Remission Regest
All of the five factors were checked on the Justification form, and did provide a written response:
Kraig Westerbeek from Murphy -Brown LLC on behalf of Wayne Smith responded to the
civil penalty assessment, saying that the discharge was accidental whereby the gun cart was
pulled to a position too close to the wood area, and the retrieval mechanism on the reel
malfunctioned. He also stated that the irrigation reel was repaired to insure proper retrieval of
sprayer.
See the 9/24/08 remission request for more details.
OTHER PENALTY FACTORS
PREVIOUS VIOLATIONS AND PENALTIES
Wayne & Susan Smith Farm had been cited for permit violations prior to this event.
06-24-99 NOD for insufficient number of waste samples
07-13-04 NOV for high freeboard
03-07-08 NOV for high freeboard
04-07-08 NOV for failure to conduct 2007 sludge survey
04-08-08 NOD for high freeboard
REMISSION RECOMMENDATION FROM RO AND CO
Regional Office — The regional office recommends no remission.
Central Office - No remission.
C'O���

DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC-2008-0073 Region: FRO County: Bladen
Assessed Entity: Wayne and Susan Smith Farm Farm # 09-0189
() Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes:
Mr. Smith's justification did not address how any of the assessment factors were
wrongly applied.
O Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes:
DWQ asserts that no environmental monitoring was conducted and therefore
damage to the environment resulting from the violation is not an issue in this
remission hearing.
{) Whether the violation was inadvertent or a result of an accident;
Notes:
Mr. Smith indicates in his justification that there were inadvertent and accidental
issues to consider (equipment malfunction). DWQ believes the discharge of waste
outside the application boundary was at a minimum negligent. Basically due to
the elapsed time of when the violation was spotted from the air to when inspectors
arrived on site, no one with the Farm Operation had discovered the ongoing
problem.
O Whether the violator had been assessed civil penalties for any previous violations;
Notes
Mr. Smith had no prior violation record.
{) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Notes:
DWQ does not have the financial records of Mr. Smith to make an informed
recommendation on this remission justification item.
Decision (Check one)
Request Denied Full Remission Partial ion Amount remitted
Date e Mrsulli

0 "c
Beverly Eaves Perdue, Governor
RKF 1 F t Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
t
JAN 26 M Coleen H. Sullins, Director
Division of Water Quality
11['flO CA VET7'Ckhl r e arnlnLLlF, nfTlnr
January 22, 2009
CERTIFIED MAIL - # 7002 2410 0003 0273 8599
RETURN RECEIPT REQUESTED
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, NC 28441
SUBJECT: Payment Schedule for Civil Penalty
Case DV-2008-0073
Farm # 09-0189
Bladen County
Dear Mr. Smith:
You have requested a schedule for making partial payments toward the $3381.83 civil
penalty that was assessed by the Division of Water Quality (DWQ) on September 2, 2008, The
Division is agreeable to a Two (2) month payment schedule beginning on February 1, 2009 and
ending March 1, 2009. There will be One (1) payment of One Thousand Six Hundred Ninety
Dollars and Ninety Two Cents ($1690.92) in February 1, 2009, and one final payment of One
Thousand Six Hundred Ninety Dollars and Ninety One Cents ($1690.91) on March 1, 2009.
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to
the Department of Environment and Natural Resources and mail them so they are received by the
1 st of each month.
Failure to make the monthly payments in accordance with this schedule will cause the entire
unpaid balance of the civil penalty to be due and payable and subject to collection through a civil
action in the superior court.
Mail your payments to the address shown below to make sure that they are properly recorded.
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Wail Service Center
Internet: www.ncwatergualitV.org location: 2728 Capital Boulevard
An Equal OpporlunitylAOirmative Action Employer- 50% Recycled110% Post Consumer Paper
No Carolina
�tura!!r�
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

If you have any questions, please call Miressa D. Garoma at [phone].
Sincerely, --
17�r6-
&een H. Sullins
CHS/mdg
Attachments
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Robert Marble, FRO w/ attachments
File # PC-2008-0073 w/ attachments
APS Central Files w/ attachments

�. cs GNAT
RECEIVED
DEC 31 =
nW—FAYEiTE LLEREG10ML0FHEE_l
December 30, 2008
CERTIFIED MAIL - #7007 2680 0003 0040 6034
RETURN RECEIPT REQUESTED
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, North Carolina 28441
William G. Ross Jr., Secretary.
North Carolina Department of Environment and Natural Resources
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm No. 09-0189
Bladen County
File No. PC-2008-0073
Permit No. AWS090189
Dear Mr. Wayne Smith:
Coleen H. Sullins, Director
Division of Water Quality
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $3381.83.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
No�h Carolina
Natunzffy
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: vrww.ncwatergualite.ore Location: 512 N. Salisbury St. Raieigh, NC 27604 Fax [phone]-623-G748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Page 2
If you or your representative would like to speak before the Committee, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Send the completed form
to:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 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 required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone].
Si iy,
oleen H. ul
Attachments
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Robert Marble, FRO w/ attachments
File # PC-2008-0073 w/ attachments
APS Central Files w/ attachments

Memorandum
To: Coleen H. Sullins
Through: Miressa Garoma/Keith Larick KL-
From: Stephen A. Barnhardt, Fayetteville Regional Office Supervisor
Robert Marble -- Washington Regional Office
Date: December 16, 2008
Re: Remission Request for Wayne Smith / Wayne and Susan Smith Farm
Enforcement Case PC-2008-0073
SUMMARY
A civil penalty of 53381.83 was assessed against Wayne Smith for failing to properly operate and
maintain equipment and spray fields at all times, by applying animal waste to a wooded area not
included in the CAWMP, and by failing to prevent excessive ponding and runoff.
CASE BACKGROUND
April 30, 2008 -Inspection
On April 30, 2008, during routine flight operations, DWQ personnel observed animal waste being
applied outside the limits of the spray field at the facility at approximately 11:00 am. The spray
gun was at the end of the field and spraying waste into the wooded area beyond the limits of the
spray field. DWQ personnel arrived on site at approximately 12:30 pm to conduct an
investigation. The spray gun was still located in the same spot as seen from the air. Animal waste
was still being applied into the trees off of the spray field. Animal waste was ponded in several
locations off of the spray field. Upon arrival, DWQ personnel observed the reel not moving and
found the motor was not on. There was no evidence of repair work or maintenance on the reel at
the time DWQ arrived on site. Based on the lagoon records and current lagoon levels the
estimated volume of lagoon effluent was 35,926 gallons.
April 30, 2008 - Samplinix
Sample ware taken from point of discharge for nitrogen phosphorus, fecal coliform and BOD
analyses. Lab results shown below.
BOD m /L
302 m
Fecal
Coliform
CFU/ 100m1
3000cfu/100 ml
NB3
335 mg/L
Total
Kjcldahl N
381 mg/L
NO2+NO3
0.436 m
Phosphorus
1 6.45 m
May 7, 2008 - NOV
A NOV was issued May 7, 2008 citing failure to apply animal waste in accordance with the
facility's Permit and Certified Animal Waste Management Plan.

June 2008 - Response to NOV
There was no response to the NOV.
September 2, 2008 — Assessment of Civil Penalties
A civil penalty of $3381.83 including $881.83 in investigative costs was issued to Wayne Smith
for:
Applying Waste to a wood area ......................................... $2,500.00
Enforcement Costs............................................................ $883.81
Total Civil Penalty............................................................$3383.81
September 24, 2008 — Justification For Remission_Reguest
All of the five factors were checked on the Justification form, and did provide a written response:
Kraig Westerbeck from Murphy -Brown LLC on behalf of Wayne Smith responded to the
civil penalty assessment, saying that the discharge was accidental whereby the gun cart was
pulled to a position too close to the wood area, and the retrieval mechanism on the reel
malfunctioned. He also stated that the irrigation reel was repaired to insure proper retrieval of
sprayer.
See the 9/24/08 remission request for more details.
OTHER PENALTY FACTORS
Wayne & Susan Smith Farm had been cited for permit violations prior to this event.
06-24-99
NOD for insufficient number of waste samples
07-13-04
NOV for high freeboard
03-07-08
NOV for high freeboard
04-07-08
NOV for failure to conduct 2007 sludge survey
04-08-08
NOD for high freeboard
REMISSION RECOMMENDATION FROM RO AND CO
Regional Office — The regional office recommends no remission.
Central Office - No remission.
C90-71
2

DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC-2008-0073 Region: FRO County: Bladen
Assessed Entity:. Wayne and Susan Smith Farm_ _ _ Farm # 09-0189
() Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes:
Mr. Smith's justification did not address how any of the assessment factors were
wrongly applied.
{) Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes:
DWQ asserts that no environmental monitoring was conducted and therefore
damage to the environment resulting from the violation is not an issue in this
remission hearing.
[) Whether the violation was inadvertent or a result of an accident;
Notes:
Mr. Smith indicates in his justification that there were inadvertent and accidental
issues to consider (equipment malfunction). DWQ believes the discharge of waste
outside the application boundary was at a minimum negligent. Basically due to
the elapsed time of when the violation was spotted from the air to when inspectors
arrived on site, no one with the Farm Operation had discovered the ongoing
problem.
(} Whether the violator had been assessed civil penalties for any previous violations;
Notes:
Mr. Smith had no prior violation record.
{) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Notes:
DWQ does not have the financial records of Mr. Smith to make an informed
recommendation on this remission justification item.
Decision (Check one)
Request Denied Full Remission Partial r s ion Amount remitted
Date t I eil4i�'Saif—/

Resrionse tq PC-2008-0073 Remission Request
r
Subject: Response to PC-2008-0073 Remission Request
From: Art Barnhardt <[e-mail]>
Date: Mon, 29 Sep 2008 14:05:23 -0400
To: "Miressa D. Garoina" <[e-mail]>
Craig Westerbeek responded for Wayne Smith:
1. (a.) Mr. Smith's justification did not address how any of the
assessment factors were wrongly applied.
2. (b.) DWQ asserts that no environmental monitoring was conducted
and therefore damage to the environment resulting from the
violation is not an issue in this remission hearing.
3. (c.) Mr. Smith indicates in his justification that there were
inadvertent and accidental issues to consider (equipment
malfunction). DWQ believes the discharge of waste outside the
application boundary was at a minimum negligent. Basically due to
the elapsed time of when the violation was spotted from the air to
when inspectors arrived on site, no one with the Farm Operation
had discovered the ongoing problem.
4. (d.) Mr. Smith had no prior violation record.
5. (e.) DWQ does not have the financial records of Mr. Smith to make
an informed recommendation on this remission justification item.
of 1 9/29/2008 2:05 PM

t r.
0F W AE�Q Michael F. Easley, Governor
�4 C! William G. Ross Jr- Secretary
North Carolina Department of Environment and Naturai Resources
Coleen H. Sullins, Director
Division of Water Quality
September 24, 2008
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, North Carolina 28441
SUBJECT: Remission Request
Bladen County
File No. PC-2008-0073
Permit No. AWS090189
Dear Mr. Smith:
This letter is to acknowledge receipt of your request, on September 24, 2008, for
remission of the civil penalty levied against the subject facility. The Director of
the Division of Water Quality will review your evidence and inform you of her
decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
C-4
Miressa D. Garoma
Animal Feeding Operations Unit
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor
Robert Marble, FRO
File # PC-2008-0073
APS Central Files
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwater uali .or Location: 2729 Capital Boulevard
An Equal OPportunitylAifirmative Action Employer- 50°% Recycled110% Post Consumer Paper
ow
N rthCarolina
Xatur2;
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

s
RECEIVED 1 DENR / DWQ
Aqu&r protection SeJbr,
SEP 24 2008
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMMSTR{ATIVE HEARING AND
WAYNE SMITH } STIPULATION OF FACTS
FILE NO. PC-2008-0073
Having been assessed civil penalties totaling $3381.83 for violations) as set forth in the
assessment document of the Director of the Division of Water Quality dated September 2, 2008, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the might to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
VA
This the day of . 2
SIGNATURE'
ADDRESS
AO /;�O / ul��e
5777. `1171 0/ -
C-0-4..l'a..7c ;
TELEPHONE
9/6-5'5g-��57

NLGE V E
9 - rotectbrr Seciion
SEP 2 d 2008
JUSTIFICATION FOR REhUSSION REQUEST
DWQ Case Number: PC-2008-0073 County: Bladen
Assessed Party: Wayne Smith
Permit No. (if applicable): AWS090189 Amount Assessed: $3381.83
•
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing. and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-2$2.1(b�
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
X(b) the violator_ promptly abated continuing environmental damage resultin
violation (i. e_, explain the steps that you tool` to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
olation was unavoidable or something you could not prevent or prepare far);
(d) the violator had :not been assessed civil penalties for any RMjous violations;
�(e) payment of the civil penalty will prevent T)ayment for the remaining necessary
ediaj actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional Vagg as necessaryA.
�t

Murphy -Brown 1Lc
June 13, 2008
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Dear Mr. Garoma,
RECEIVED ! DENR I DWQ
Aquifer Protection Section
SEP 24 2008
PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
Tch 910-293-3434
Fax: [phone]
I am writing this letter on behalf of Mr. Wayne Smith, owner of the Wayne and Susan
Smith Farm, facility 09-0189, in response to the assessment of civil penalties issued to this farm
on September 2, 2008. Mr. Smith is a contract grower for Murphy Brown. In most cases, I
simply advise our growers when they are preparing correspondence responding to these sorts of
issues. However, after reviewing the Division's assessment in this case, and after conversation
with Mr. Smith, I was compelled to write this response based on our opinion that the fine amount
seems excessive compared to the impact on the environment. In addition, it does not appear that
the stellar compliance history of this producer was considered in the assessment process.
The facts of the case are not in dispute. On April 30, 2008, Mr. Smith performed an
irrigation event that allowed a small amount of wastewater to be applied to a wooded area
adjacent to his spray field. The wastewater applied never left the property, nor entered state or
federal waters, but was contained and absorbed in a forested area owned by Mr. Smith. The
overspray was not planned, and was clearly inadvertent, or a result of an accident as described in
item 2. (3) of the assessment notice. Mr. Smith takes great care to prevent such incidents from
occurring. However, in this case, the gun cart was pulled to a position too close to the wooded
area, and the retrieval mechanism on the reel malfunctioned, allowing it to remain in that position
for an undesired period of time.
Upon being made aware of the issue by Division staff, Mr. Smith immediately halted
application activities. I believe it is clear that the violator in this case promptly abated continuing
environmental damage resulting from the violation as described in item 2. (2) of the assessment
notice.
In response to the accidental discharge, the farm owner took the initiative to make needed
repairs to the irrigation equipment used on the farm. The irrigation reel has been repaired to
insure that proper retrieval rates are achieved, and contacted an irrigation specialist to mark end
of pull stops for each pull. The fine amount of $3,381 for a farm this size is significant. There is
no doubt that payment of this fine will prevent Mr. Smith from considering additional capitol
and/or R&M improvements on this farm in the coming year.
On behalf of Mr. Smith, I ask that the Division reconsider the amount of the fine imposed
in this case based on the information above. The `Justification for Remission Request', and the

Y , V
RECEIVED 1 DENR I DWQ
Aquifer ProfQcfion jar'irort
SEP 2 4 2008
`Waiver of Right to an Administrative Hearing' forms are enclosed. If there are additional
questions or concerns, please feel frce to contact me at [phone], or email at
laaigwesterbeek(rx?,muavhvbrownllc.com .
��lY,
ra�'ff 'fJ�+.�lr
of Environmental Compliance

=OF W A TFRQ Michael F. Easley, Governor
`Q G William G. Ross Jr.. Secretary
U} r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 2, 2008
CERTIFIED MAIL - # 7006 2150 0003 5466 8087
RETURN RECEIPT REQUESTED REC' 9 '
Mr. Wayne Smith SEP o 4
Wayne and Susan Smith Farm
1201 Wade South Road 09�R-FA1'Fi7E1�10EI RE201�'A! 0FRCE r
Garland, North Carolina 28441 --
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 09-0189
Bladen County
File No. PC-2008-0073
Permit No. AWS090189
Dear Mr. South:
This letter transmits notice of a civil penalty assessed against Wayne Smith in the amount of $3381.83,
which includes $881.83 in investigative costs. Attached is a copy of the assessment document explaining
this penalty -
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Miressa D Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
r4%Camlina
Nawra ly
Aquifer Protection Section 1636 Mail Service Centcr Raleigh, NC 27699-1636 Phone [phone] Customer Service
lntemet: hnn:/,h2o.em.state.nc,us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opponunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

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

Wayne Smith
Page 3
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 original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC-27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Robert Marble, FRO w/ attachments
File # PC-2008-0073 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

�0F \NAr619 Michael F. Easley, Governor
`C (� William G. Ross Jr.. Secretary
Vj r North Carolina Department of Environment and Natural Resources
p Colcen H. Sullins. Dircctor
Division of Water Quality
September 2, 2008 SEP 04 2
OENR- FA1�E IlE1+€LLE REGIOI'4 GFF[Gf
CERTIFIED MAEL - # 7006 2150 0003 5466 8087
RETURN RECEIPT REQUESTED
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, North Carolina 28441
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 09-0189
Bladen County
File No. PC-2008-0073
Permit No. AWS090189
Dear Mr. Smith:
This letter transmits notice of a civil penalty assessed against Wayne Smith in the amount of $3381.83,
which includes $881.83 in investigative costs. Attached is a copy of the assessment document explaining
this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penaly%
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of-
Miressa D Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
tavt
Carolina
urnlly
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: h -,iUo.enr.state.nc.us 2728 Capital Boulevard Raleigh. NC 27604 Fax (919) 7lM588 1-877-623-6748
Fax [phone]
An Equal Opportttnity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

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

Wayne Smith
Page 3
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 original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Miressa D. Gamma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
4
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Robert Marble, FRO w/ attachments
File # PC-2008-0073 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

SEP 04 20
OENR-FAYETf LLEREG!ORVAtOKE
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF }
WAYNE SMITH }
}
}
FOR VIOLATIONS OF SWINE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG 100000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2008-0073
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Wayne Smith owns and operates Wayne and Susan Smith Farm, a swine animal
feeding operation in Bladen County.
B. Wayne Smith was issued Certificate of Coverage AWS090189 under General
Permit AWG100000 for Wayne and Susan Smith Farm on October 1, 2004,
effective upon issuance, with an expiration date of September 30, 2009.
C. Condition No. 11.1, of the General Permit states in part "the collection, treatment,
and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times."
D. Condition No. Il. 2 the General Permit states in part "No waste shall be applied
upon areas not included in the CAWMP."
E. Condition No. 11.4 of the General Permit states in part that "land application rates
shall be in accordance with the CAWMP. In no case shall land application rates
exceed the agronomic rate of the nutrient of concern for the receiving crop. In no
case shall land application rates result in excessive ponding or any runoff during

any given application event."
F. On April 30, 2008 DWQ staff from the Fayetteville Regional Office conducted
aerial surveillance and observed animal waste being applied outside the limits of
the spray field on the Wayne and Susan Smith Farm. DWQ staff conducted a site
visit immediately and confirmed that animal waste still -being applied into a
wooded area beyond the limits of spray field established -by the CAWNIP. The
spray gun was still located in the same spot as seen from the air. Animal waste
was ponded in several locations off of the spray field.
G. Wayne Smith does not have a permit for the above described activities.
H. The costs to the State of the enforcement procedures in this matter totaled
$881.83.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW.
Wayne Smith is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
J. A permit for an animal waste management system is required by G.S. 143-215.1.
K. The above -cited failure to properly operate and maintain the land application
equipment and fields violated Condition No. 11. 1. of the State General Permit.
L. The above -cited failure to apply animal waste in accordance with the facility's
Permit as specified in the CAWMP violated Condition No. 11.2, and II_4 of the
General Permit.
M. Wayne Smith may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
N. The State's enforcement costs in this matter may be assessed against Wayne Smith
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
O. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Wayne Smith is hereby assessed a civil penalty of:
$_.2,5�-� ° a For violating conditions H.1, 11.2, and II.4 of the General
S. 881.83
3357, 99
Permit by failing to properly operate and maintain
equipment and spray fields at all times, by applying animal
waste to a wood area not included in the CAWMP, and by
failing to prevent excessive ponding and runoff.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr., Section Chief
Aquifer Protection Section
Division of Water Quality

' '4
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
WAYNE SMITH
FOR VIOLATIONS OF SWINE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG100000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2008-0073
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1,
Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Wayne Smith owns and operates Wayne and Susan Smith Farm, a swine animal
feeding operation in Bladen County.
B. Wayne Smith was issued Certificate of Coverage AWS090189 under General
Permit AWGI00000 for Wayne and Susan Smith Farm on October 1, 2004,
effective upon issuance, with an expiration date of September 30, 2009.
C. Condition No. II.1, of the General Permit states in part "the collection, treatment,
and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times."
D. Condition No. 11. 2 the General Permit states in part "No waste shall be applied
upon areas not included in the CAWMP."
E. Condition No. IIA of the General Permit states in part that "land application rates
shall be in accordance with the CAWMP. In no case shall land application rates
exceed the agronomic rate of the nutrient of concern for the receiving crop. In no
case shall land application rates result in excessive ponding or any runoff during

any given application event."
F. On April 30, 2008 DWQ staff fi-om the Fayetteville Regional Office conducted
aerial surveillance and observed animal waste being applied outside the limits of
the spray field on the Wayne and Susan Smith Farm. DWQ staff conducted a site
visit immediately and confirmed that animal waste still being applied into a
wooded area beyond the limits of spray field established by the CAWNiP. The
spray gun was still located in the same spot as seen from the air. Animal waste
was ponded in several locations off of the spray field.
G. Wayne Smith does not have a permit for the above described activities.
H.. The costs to the State of the enforcement procedures in this matter totaled
$881.83.
Based upon the above Findings of Fact, 1 make the following:
11. CONCLUSIONS OF LAW:
z . Wayne Smith is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
J. A permit for an animal waste management system is required by G.S. 143-215.1.
K. The above -cited failure to properly operate and maintain the land application
equipment and fields violated Condition No. 11. 1. of the State General Permit.
L. The above -cited failure to apply animal waste in accordance with the facility's
Permit as specified in the CAWMP violated Condition No. 11.2, and IIA of the
General Permit.
M. Wayne Smith may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
N. The State's enforcement costs in this matter may be assessed against Wayne Smith
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
O. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Wayne Smith is hereby assessed a civil penalty of:
$_ For violating conditions 11.1, 11.2, and 11.4 of the General
Permit by failing to properly operate and maintain
equipment and spray fields at all times, by applying animal
waste to a wood area not included in the CAWMP, and by
failing to prevent excessive ponding and runoff.
$ Q 69 • �9 0 TOTAL CWM PENALTY
$ 881.83 Enforcement costs
$ 3.3 F I . XZ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(1)), which are:
(1)' The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority,
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr., Section Chief
Aquifer Protection Section
Division of Water Quality

September 24, 2008
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, North Carolina 28441
SUBJECT: Remission Request
Bladen County
File No. PC-2008-0073
Permit No. AW S090189
Dear Mr. Smith:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
t �j{•�.
ly.rii
This letter is to acknowledge receipt of your request, on September 24, 2008, for
remission of the civil penalty levied against the subject facility. The Director of
the Division of Water Quality will review your evidence and inform you of her
decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
7pacd
Miressa D. Garorna
Animal Feeding Operations Unit
cc: Stephen A. Barnhardt, Fayetteville APS Regional Supervisor
Robert Marble, FRO
File 4 PC-2008-0073
APS Central Files
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newatgquality.org, Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50°% Recycled110°% Post Consumer Paper
Nne
oi Carolina
Ndturally
Raleigh. NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

RECEIVED 1 DENR f DWQ
AcOfAr Protection Section
SEP 24 2008
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL, PENALTIES AGAINST
WAYNE SMITH
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2008-0073
Having been assessed civil penalties totaling $3381.83 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated September 2, 2008, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the �day of keormw3ac� .2goe
r
SIGNATURE
ADDRESS
-
sn.
Crz2.r /¢- -n W & 01 C
TELEPHONE
9/0 -tS613- V;? 59

H'--CEIVED ! p t rE gLjifer 'rPr{3£ 'Crlp f DWQ
SEP 2 Q 2008
JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: PC-2008-0073 County: Bladen
Assessed Party: Wayne Smith
Permit No. (if applicable): AWS090189 Amount Assessed: $3381.83
Please use this form when requesting remission of this civil penalty. You roust also complete the
"Request For Remission, Waiver of Rijzht to an Administrative Hearing. and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is hmited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
1K(a) one or more of the civil venaltv assessment factors in N.C.G.S. 143B-282.1
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
X(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);
k(c) the violation was inadvertent or a result of an accident (i.e., explain why the
olation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for an 'ous violations;
(e) payment of the civil penalty will -prevent payment for the remaining necessary
�ediaj actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional pages as necessary):
4#4%JV4V d 6*��

Murphy -Brown ,,Lc
June 13, 2008
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Dear Mr. Garoma,
RECEIVED I DENR I DWD
/iwife.r Protection Section
SEP 24 2009
PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
TrL• 910-293-3434
Fax: [phone]
I am writing this letter on behalf of Mr. Wayne Smith, owner of the Wayne and Susan
Smith Farm, facility 09-0189, in response to the assessment of civil penalties issued to this farm
on September 2, 2008. Mr. Smith is a contract grower for Murphy -Brown. In most cases, I
simply advise our growers when they are preparing correspondence responding to these sorts of
issues. However, after reviewing the Division's assessment in this case, and after conversation
with Mr. Smith, I was compelled to write this response based on our opinion that the fine amount
seems excessive compared to the impact on the environment. In addition, it does not appear that
the stellar compliance history of this producer was considered in the assessment process.
The facts of the case are not in dispute. On April 30, 2008, Mr. Smith performed an
irrigation event that allowed a small amount of wastewater to be applied to a wooded area
adjacent to his spray field. The wastewater applied never left the property, nor entered state or
federal waters, but was contained and absorbed in a forested area owned by Mr. Smith. The
overspray was not planned, and was clearly inadvertent, or a result of an accident as described in
item 2. (3) of the assessment notice. Mr. Smith takes great care to prevent such incidents from
occurring. However, in this Case, the gun cart was pulled to a position too close to the wooded
area, and the retrieval mechanism on the reel malfimctioned, allowing it to remain in that position
for an undesired period of time.
Upon being made aware of the issue by Division staff, Mr. Smith immediately halted
application activities. I believe it is clear that the violator in this case promptly abated continuing
environmental damage resulting from the violation as described in item 2. (2) of the assessment
notice.
In response to the accidental discharge, the farm owner took the initiative to make needed
repairs to the irrigation equipment used on the farm. The irrigation reel has been repaired to
insure that proper retrieval rates are achieved, and contacted an irrigation specialist to mark end
of pull stops for each pull. The fine amount of $3,381 for a farm this size is significant. There is
no doubt that payment of this fine will prevent Mr. Smith from considering additional capitol
and/or R&M improvements on this farm in the coming year.
On behalf of Mr. Smith, I ask that the Division reconsider the amount of the fine imposed
in this case based on the information above. The `Justification for Remission Request', and the

RECEIVED 1 DENR / DW C!
AquifAr Profer-tjon SegjaR
SEP 2 4 200E
`Waiver of Right to an Administrative Hearing' forms are enclosed. If there are additional
questions or concerns, please feel free to contact me at [phone], or email at
kraiawesterbeek(a)rnurohvbrownllc.com .
fly,
,0R vile#-,-t,Pei-
of Environmental Compliance

A G
I
tF
WI

-r-

OF
-77171
r-
i

1
It
V

I

if
S,
_o� wAr9v� Incident Report
o�
� r
a �c
Report Number: 200601374
Incident Type: Other
On -Site Contact:
Category: Incident
First/Mid/Last Name:
Wayne Smith
Incident Started: 04/30/2008
Company Name:
County: Bladen
Phone:
[phone]
City: -
Pager/Mobile Phone:
1
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Dwq-AP Section
Permit: AWS090189
Company Name:
Facility: Wayne & Susan Smith Farm
Address:
225 Green St Ste 714
First Name: Wayne
Middle Name:
City/State/Zip:
Fayetteville NC 28301
Last Name: Smith
Phone:
[phone]
Address 1201 Wade Smith Rd
Pager/Mobile Phone:
I
City/State/Zip: Garland NC 28441
Phone:
Material Category: Estimated Qty: UOM
Chemical Name
Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method: Unknown
Latitude: +34'42'54" 34.715000
Position Accuracy: Nearest Second
Longitude:—78*28'12"-78.470000 Position Datum: NAD83
Location of Incident: On farm 9-189 on Wade Smith Rd.
Address: 1201 Wade Smith Rd
City/State/Zip Garland NC 28441
Report Created 05/06/08 11:18 AM
Page I

.N
Cause/Observation:
During routine flight operations. DWQ personnel observed gun
cart pulled to the edge of the field and spraying hog lagoon
waste into the trees.
Action Taken:
NOV-NOI to be issued.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
In Bladen County, on Wade Smith Road, 112 mile off of Hwy 701.
Location is Murphy Brown contract farmm #99201.
Comments:
On -site observation: same as observation comment. Waste had been
sprayed for at least 1.5 hours into tree line at end of field_ Ponding was
observed.
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Incident closed
Requested Additional Information
Report Entered 2008-05-06 11:03:32
Referred to Regional Office - Primary Contact 2008-04-30 12:30:00
Report Created 05/06/08 11:18 AM Page 2

Incident Start
Report Received
Standard Agencies Noted:
Agency Name Phone
Other Agencies Notified:
Agency Name Prone
DWQ Information:
Report Taken By:
Christine Blanton
Phone:
2008-04-30 11:00:00
2008-04-30 11:00:00
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Entered By: Regional Contact:
Robert Marble Robert Marble
Date/Time: 2008-04-30 11:00:00 AM 2008-05-06 11:03:32 AM 2008-04-30 12:30:00 PM
Referred Via: Voice mail Voice mail
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 05/06/08 11:18 AM Page 3

c
Type of Visit `Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint 0 Fallow up 0 Referral 0 Emergency nOther ❑ Denied Access
Date of Visit: 30 0 Arrival Time: Z3© Departure Time: ® County: Region:
Farm Name. � �M4 ►m Owner Email:
Owner Name: �l�'l 11 Phone: ly �ro, SSS �a�9
QN
Mailing Address:
Physical Address:
Facility Contact: t Title: wi�.,� Phone No:
Onsite Representative: 1 Integrator:
Certified Operator: Operator Certification Numb r:
Back-up Operator:
Back-up Certification Number:
Location of Farm: Latitude: © n ®®u Longitude: K
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure Application Field ❑ Other
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c_ What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
other than from a discharge?
IN Yes ❑ No ❑ NA ❑ NE
'Yes
❑ No
❑ NA
❑ NE
❑ Yes
X No
❑ NA
❑ NE
s
❑ Yes
N No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
Page I r f 3 12128104 Continued

Type of Visit OrCompliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint 0 Follow up 0 Referral 0 Emergency A Other ❑ Denied Access
Date of Visit: 30 0� Arrival Time: j130 Departure Time: ® County: Region:
Farm Name new 1 aglian S17A4 �Q Y m Owner Email:
., _ gym,- _ r9►o) SSS ��59
.Owner Name: Phone:
c
Mailing Address:
Physical Address: {1
Facility Contact: Title: 0 U3Y'1ZY` _ Phone No:
Onsite Representative: 14 k Integrator: it Y-\
Certified Operator: Operator Certification NumbOr S
Back-up Operator:
, ,
Back-up Certification Number:
Location of Farm: Latitude: ®e ®� ®� Longitude: 7$ ° ®'
o n Wa c n t, !� I/Z ,M ; -7 01
Murnl:,u o�rrn =4" 9l an t
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
Other
Non-L
Pullets
Poults
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure Application Field ❑ Other
a. Was the conveyance man-made?
y Cow
Cy alf
y Heifer
Cow
Beef Stocker
Beef Feeder
Beef Brood
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
other than from a discharge?
Page I of 3
Yes El No El NA El NE
Yes
❑ No
❑ NA
❑ NE
❑ Yes
34 No
❑ NA
❑ NE
❑ Yes
No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
12,128104 Continued

Facility Number:40 Date of Inspection U
Waste Collection & Treatment
ANo
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
ElYes [INA ElNE
a. If yes, is waste level into the structural freeboard?
❑ Yes No ❑ NA ❑ NE
Struc re I Structure 2 Structure 3 Structure 4
Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in): C� ! ++
Observed Freeboard (in). 3= �lz �1
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes No ElNA ElNE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
❑ Yes No ❑ NA ❑ NE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes No ❑ NA ❑ NE
8. Do any of the stuctures tack adequate markers as required by the permit? Cl Yes No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require El Yes l No El NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
maintenance/improvement?
❑ Yes DkNo ❑ NA ❑ NE
I I. Is there evidence of incorrect application? If yes, check the appropriate box below. Ayes ❑ 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 Drifi Application Outside of Area
12. Crop type(s)
13_ Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
V,No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
ANo
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?❑ Yes
No
❑ NA
❑ NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
No
❑ NA
❑ NE
18. is there a lack of properly operating waste application equipment?
❑ Yes
)�No
❑ NA
❑ NE
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
911- -lo e��e �t(c+ ar-td- sPra�„�S In'tYceS . d6serve�4 ti° Q�r A4 i+'noarr, .
When ?.CYtir6ic J. C.&On�n owr ved on Sc4Lv1c. 0 [Z 3a Lkn CCL"4 w0.s
in Sayn.jL Qp5 ; `+. pn f L oc _a4i on0'nj S�, i � P 7 n 1110 * CGS i!
t i gxrf wC�y m3f 4-u..rud on . No ev;�,tnc o s o� ,•tu„� o irr Y a.r mail
aa
Reviewer/Inspector Name E N /U Phone:
Reviewer/Inspector Signature: Date: 6VQL SQ ZM

Facility Number: 0 — Date of Inspection U
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. If yes, is waste level into the structural freeboard?
Strur 1 Structure 2 Structure 3 Structure 4
Identifier:
Spillway?:
Designed Freeboard (in): C� +
/ZI
Observed Freeboard (in): _&-
5- Are there any immediate threats to the integrity of any of the structures observed?
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
through a waste management or closure plan?
❑ Yes V!iNo ❑ NA ❑ NE
❑ Yes q No ❑ NA ❑ NE
Structure 5 Structure 6
❑ Yes
No
❑ NA
❑ NE
❑ Yes
No
❑ NA
❑ NE
-If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes 1;4 No ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes No ElNA ❑ 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 0 No ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes t,No ❑ NA ❑ NE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below. Yes ❑ No ❑ NA ❑ NE
Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or l0 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift 'Z Application Outside of Area
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from hose designated in the CAWMP?
❑Yes
No
El NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
ANo
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?❑ Yes
�4 No
❑ NA
❑ NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
JK No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
)�No
❑ NA
❑ NE
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to bettcr explain situations. (use additional pages as necessary):
{t �W;n boo ne % 4 O�ro��-:onS/Sdr ale%��v1Cc DAD rsor)rte obzerve �
S-14 se
cPSI. O�,Se,rc4 or" r a� g�,n Car
When 1�.1`1'16r61c j C,90nJo,r, orr,�e� un ScevIc_ q-� 1Z' 3o un Car- uaxs
i n Sxrrt2 1 r u 1 i,
on'J'oca"TioYt anc� S�•ll PIAntQ�n..`` in�u TvecS ��el mv�lur �pr P 0.
n COAt I way no+ i LLrr-tcd an . No ev;&ence (rack'S a o. rive- o air, Ye a,r WQ;1Wrt; ar
Reviewer/inspector Name f N� n,r Iu Phone: O
Date: L
Reviewer/Inspector Signature: _��_
•.ruin• _�
{i/�.Vi VT l.V/s ss.awos

Facility Number: — Date of Inspection O
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA 10 NE
20.
Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
❑ No
❑ NA
�NE
the appropirate box. Elwup El Checklists ElDesign ❑Maps ❑Other
21.
Does record keeping need improvement? If yes, check the appropriate box below.
Yes
❑ No
❑ NA
Q NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield A 120 Minute Inspections ❑ Monthly and i "
Rain Inspections ❑
Weather
Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
WNo
❑ NA
❑ NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
9NA
❑ NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
V3 No
❑ NA
❑ NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
JkNE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
9No
❑ NA
❑ NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
XNA
❑ NE
Other Issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes ;K No ❑ NA ❑ NE
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
P NE
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
❑ No
❑ NA
VNE
If yes, contact a regional Air Quality representative immediately
31. Did the facility fail to notify the regional office of emergency situations as required by
*,Yes
❑ No
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems, over application)
32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
$No
❑ NA
❑ NE
33. Does facility require a follow-up visit by same agency?
❑ Yes
_RNo
❑ NA
❑ NE
wi Additional Comments audLorsD�aa s:low
z..
g Y-
Ssul o.. AOX nd- P s O ul[ cue40, is eUe
1 ,. k b b�� 11� 1 (�, � t r-
t..l�C Url 6d r�Co,r 1L Ly, `C 1 x$l0 S�t� �[ r+ 1�ue .
Z,R- 0Ak0.J',tA, pho-,os .
Ow+1P-Y /or—yo-4, wo s aokA + � Vzwoos gLuny e. waSkc L)�)ao
tzx'nS fKknipeck ,�o 4-Irm/Al jAd 4- respon
c(,ad T
�i`'1�s aJ UII else-". 4 d4' Wed he `e/ 6u n cuDrk-j' on rc
� � P�
0 ma r n i` i c o vc r- W RS a� 1 rce 1 . �ha,/os .- I4 O 4ti %s %3 #9k -fru e
fee[ w .S no-� fxti,,� cc".,n uh ,� al der DLJQ oarr+J*j ('5-1Drr,:no_ks l
U a6��r
S"W1, Vn4zCL waS-6 tutor 6,ow.. IIII W 0_V, -
Page 3 of 3 12128104

a. -
Facility Number: — Date of Inspection d O
¢ Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
the appropirate box. ❑ WUP ❑ Checklists ❑ Design El Maps [3 Other
❑ Yes
❑ No
❑ NA
V NE
❑ Yes
❑ No
❑ NA
1KNE
21.
Does record keeping need improvement? If yes, check the appropriate box below.
Yes
❑ No
❑ NA
❑ NE
.R
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield 10, 120 Minute Inspections ❑ Monthly and 1"
Rain Inspections
❑
Weather
Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
No
❑ NA
❑ NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
9NA
❑ NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
V No
❑ NA
❑ NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
ANE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
'WNo
❑ NA -
❑ NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
P 'NA
❑ NE
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
® No
❑ NA
❑ NE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
P NE
and report the mortality rates that were higher than normal?
30.
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
❑ No
❑ NA
'KNE
If yes, contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required by
Ayes
❑ No
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems, over application)
32.
Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
fi4 No
❑ NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
❑ Yes
PNo
❑ NA
❑ NE
A°dditional&6 mm ents dluNpto#tngs.::, f '
�
f (, It Co�t1S lev21 rCCor �. rum l a,,I075 5i�t �� �{ �CU ,
e 0 ko, JG.eA 01('4cs .
ownQ Y J0V4?_ra40y- Was 0,0ked, � VM LA_-AXs Ck_"-'0LV f. -� I�,n-� wino &_ a ao
bz'•nS Qu.nI?Rd tn�o -kfees! ,e1d . - 1c respo l Ic.�c� macs 1 bQ�F /'-"t
r � U
nv-t sQ=y� .-t� o� �; n� e �s e '' . 7Ye e l4 .rrpd he `c�er/� cvor,� i
OL i ►r► W n; C.D9 t r WQS reY �h os Sticw "� •5 �3 n frU p
i 2 , Pbn�C V.Y-1� Q l ill 3 y 6,oyy,- 11= W Q V m
Page 3 of 3 '` 12128104

Fayetteville Division 2592 Hope Mills Road - Fayetteville, NC 28306 (910) t3b4-1 UZU I t%4-e r r4 tax
CHAIN OF CUSTODY RECORD
PACE 1 OF 1
WENT NAME a ADDRESS.
U Oa - A -to S ec r �+` ,
Pam+`^ �pv,4
S+, �51� 'i (�
t.Nilf2,nlc�3of
OJECT! LOCATION: !r j�
PO N F-169WC.r; hf 5 rr I 'i'vl
/ OF
B
o
T
T
L
B
8
TYPE OF ANALYSIS
PRESERVATION CODE
O
`
o
tJ
y,�
�1�
CODE: A = <41C ONLY
B = HNO3 (ph<2) + <4'C
C a H2SO4 (ph<2) + <4•C
p = NaOH + <4'C
E e ZN Acetate + <4'C
F = Sodium Th10.
CONTACT PExsoN:
?10614— ma'40j'o
PHONE
1 ?� �7
ND)L� J '3 - 3 300 Gt[+ � �j0
SAMPLER:
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DATE f METHOD OF SHIPMENT: J
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LAB 10 a
SAMPLE TYPE
DATE
TIME
COMP
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PH
D.O.
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Comments or Special Hazards:
Field pH:

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Microbac Laboratories, Inc. Page I of 1
FAYETTEVILLE DIVISION STATE CERT ID,
2592 HOPE MILLS ROAD
FAYETTEVILLE, NC 28306 NC #1 1
[phone] FAX [phone]. NC #37714
R. W. SANDERS, VICE PRESIDENT USDA 93787
http://Ww-W.microbac.com E-Mail: [e-mail]
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
^ WATER - AIR - WASTES - FOOD _PHARMACEUTICALS - NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
NC DENW - DWQ (Aquifer Prot) Date Reported. 5/31/2008
225 Green Street, #714 Date Received: 4/30/2008
Fayetteville, NC 28301 Order Number- 0804-00691
Invoice No.: 58822
Customer #: N022
Sample Date: 4/30/2008
Permit No. Sample Time: 13:55
Sampler: Marble
Subject: Ponded/Woods sample - Wayne Smith, 9-189
SMP Test Method Result Date Time Tech
BOD, 5-day
SM 5210 B
302 mg/L
4/30/2008 17:30
DCR
NITROGEN, NITRATE
SM 4500 NO3 E
0.436 mg/L
5/2/2008 17:30
HAK
COLIFORM, FECAL
SM18 9222D
30000 cfu/100 ml
4/30/2008 17:00
DCR
NITROGEN, TOTAL KIELDAHL
SM 4500 N (org) C
381 mg/L
5/12/2008 10:45
HAK
PHOSPHORUS, TOTAL
SM 4500 P E
6.45 mg/L
5/15/2008 14:30
DCR
NITROGEN, AMMONIA
SM 4500 NH3 C
335 mg/L
5/28/2008 15:45
HAK
RESPECTFULLY SUBMITTED:
;f&�
MICROBAC LABORATORIES, INC.
Thank you for your business- We invite your feedback on our level ofservice to you, Please contact the Laboratory Director, Ron Sanders at 910-864-1910 , Robert Morgan,
COO, at [e-mail] or Trevor Boyce, CEO, at [e-mail] with any comments or suggestions.
LAB CODES: N1D = None Detected N/F — None Found < = Less than > = Greater than Est- = Estimated
ME
MBER
The data and other information contained on this, and other accompanying documents, represent only the sample(s) anaryzetl and is rendered upon the
condition that 4 is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSii Testing Food Sanitation Consulting Chemical and Microbiological Anafyses and Research

CLIENT
NC DENW - DWQ (Aquifer Prot)
Mr. Art Barnhardt
225 Green Street, #714
Fayetteville, NC 28301
Sampling done on 04130108, Sampk- received at lab on 04130108
MEMBER Pagel of I
® Microbac Laboratories, Inc. tNvoteE
FAYETTEVILLE DIVISION
2592 HOPE MILLS ROAD
FAYETTEVILLE, NC 28306 NO, 58822
[phone] FAX [phone]
R. W. SANDERS, SR - V.P. & MANAGING DIRECTOR
http://www.microbac.com E-Mail: [e-mail]
SUBJECT
PondedNVoods sample - Wayne Smith, 9-189
LAB REPORT NO.
CLIENT ACCOUNT NO.
TERMS
DATE
CLIENT PURCHASE ORDER NO.
0804-00691
N022
NET 30 DAYS
05131/08
Item
Description
Rate
Date
Quantity
Extended Price
SOD, 5-day
Chemical Analysis
$36.00
1
$36.00
NITROGEN, AMMONIA
Chemical Analysis
$31.50
1
$31.50
NITROGEN, NITRATE
Chemical Analysis
$36.00
1
$36.00
PHOSPHORUS, TOTAL
Chemical Analysis
$43.20
1
$43.20
NITROGEN, TOTAL KJELDAHL
Chemical Analysis
$37.80
1
$37.80
COLIFORM, FECAL
$27.00
1
$27.00
61�'t r w �i }a� ��3V ty_ i
� R � � �W
Total Amount
$211.50
Prepaid Amount
$0.00
CHEMISTRY MICROBIOLOGY • FOOD SAFETY CONSUMER PRODUCTS Amount
�21
WATER • AIR WASTES • FOOD - PHARMACEUTICALS • NUTRACEUTICALS Due
.5�
LAB REPORT NO.
CLIENT ACCOUNT NO
TERMS
DATE
Invoice (Humber
0804-00691
N022
NET 30 DAYS
05/31108
58822
PondedlWoods sample - Wayne Smith, 9-189
Please include this Invoice Stub with all remittances
CHEMISTRY • MICROBIOLOGY - FOOD SAFETY - CONSUMER PRODUCTS Amount
$211
WATER • AIR • WASTES • FOOD - PHARMACEUTICALS - NUTRACEUTICALS Due
.50

EN 1 W NOW9
Appendix 1. Lagoon Sludge Survey Form
A. Farm Permit or DWQ Identification Number A W 6 100000
B. Lagoon identification
C. Person(s) Tatting Measurements J0 hn n 4 W,Y2.e Sn�,
D. Date of Measurements 5 - 31- 6 8
E. Medwds/Devices Used for Measuuernent of.
(Distance from the lagoon liquid surface to the top of the shmdge layer
b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon:
RFCEWFQ
JUN05am
c. Thickness of the sludge layer if making a direct measurement with "cone sampler":
LIMONlL OWE
F. Lagoon Surface Area (using dimensions at inside top of bank): (acres)
(Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculaae surface area )
G. Estimate number of sampling points: $
a. Less than 1.33 acres: Use S points
b. if more than 1.33 acres, acres x 6 = , with maximum of 24.
(Using sketch and dimensions, develop a uniform grid that has the same number of inmiwctiow as the
estimated number of sampling points needed. Number the intersection points on the lagoon grid so *at data
recorded at each can be easily matched.)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2).
I. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level ,f07 C�
to the Present Liquid Level (measure at the lagoon gauge pole): �O , ill
J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level 07 7 f a} �a k)
(use lagoon management plan or other lagoon records):
K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level
(Item 1 minas Item 1, assuming the present liquid ievel is below the Maximum Liquid Level):
L. Record firm the Sludge Survey Data Sheet the distance front the present liquid surface level
to the lagoon bottom (average for all the measurement points): 6.
M. 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 measurcment points):
N. Record from the Sludge Survey Data Shed the average thickness of the sludge layer.
O. Calculate the thickness of the existing Liquid Treatment Zone (Rani M minus Item K):
(Note: If Item O is less bran 4 feet, a stodge removal and utilization plan may be n xprh d by
N.C. DWQ. See your specific permit or contact DWQ for more information.)
P. Proceed to the Sludge Volume Workslted if you desire to We ulate sludge volume for a mcatngWar-
sltaped lagoon with uniform side slopes.
Completed by: Leh w ,r loDate:
PrinE ame gnaArre
14

Appamim 1 SIdE Survey Dab Sboct
Lawm ldwvfifxmbm
awes sumay Date Sheet
CarnplBieA bi: enY W-2ftA• __
Print Ndrna Sign re
ILD,- s 1 Yam.
• . a• .\ I =
1 It;, Y 1'F I i•1 I 1 ; ►,
•�Ir
— i 1
®
r
r
r
•Au"PNO OW ommmabearkemyasdfaddv
SmAmmnds 4 jar emmA of m bra to ewuft ofaf"
15

v
Appa Rft 3. 0 fiP Vol� Wor1abeeR.
Tho avt:tage of tha duds¢ bryw is dnwmbatd fiom isformadon as the Lepos Sltadlpa
Swmmy Fasn. In Ma ownpik, the amW sludge layer &mdmm is Z5 GmL The 114 m I I of
the lagoon and the side skgm are needed foredadedom& If the bVm is a spmdrrd ®eametret:
dOM the vohm a of sludge in the lagoon can dtm be wed by using tad aqudom. For
tam 1w , attd tottsartt side slope. Calatdae kno and widlb at do t of at
dUdP *w. m d ► by sludge layw thickness to cakubft dodpe kqw m tthatira in
the Comple. For mcgdw sltap M convert the tOW srafaots area to a sqr shW_
&ntuapk
Ytt■r i■oor.
A- wvcmp Sludge Layer Thickness (n
ISM
_.
B. Depth of lagoon from top of bank
to botto n soil surface (D)
0
C. Slope = horizm VvertiQid side slope (S)
3
D. Length at mp inside bank (L)
457 RR
35 67-
E_ Width at top inside bank (W)
22
F. Lnqph at midp Am of sludge layer
1.. = L -- 2 S
3%y
(� Cr/2))
399.5 �
G. Width at midpoint of sludge layer
Wm=W-2S(D—(T))
H. Volunm of sludge (V) u
V W.T 7 r
1. Vohtsoc in gallons
Vs =V ' 7.5 galJft . �. D
16

t (MA
7 a
1201 H'ade Smith Rd
Garland, NC 28441
Phone [phone]
June 3, 2008
Division of Water Quality
225 Green SU Suite 714
Fayetteville, NC 28301
Dear Stephen A. Barnhardt,
In reference to Notice of Violation, the sludge survey done
in 2006 was the first survey we had done. We thought it was
done every two years.
The corrected steps to this matter is that we now know
that it is every year. And this will be done annually.
Sincerely,
Johnny Wayne Smith

May 7, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Smith ,
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, North Carolina 28441
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
Administrative Code 15A NCAC 2T .1300
Wayne and Susan Smith Farm
Facility No. 9-189
Bladen County
Permit No, AWS090189
Dear Mr. Smith:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen 11. Sullins, Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2T .1300, you have been found to be in violation of your 2T .1300 Permit.
Violation 1: Failure to apply animal waste in accordance with the facility's Permit and Certified Animal
Waste Management Plan. (Permit No. AWS090189 Section 1.3, 11.1, 11.4, 111.13.d)
On April 30, 2008, during routine flight operations, DWQ personnel observed animal waste being applied outside
the limits of the spray field at your facility at approximately 11:00 am. The spray gun was located at the end of the
field and spraying waste onto the trees off of the field. DWQ personnel arrived on site at approximately 12:30 pm to
conduct an investigation. The spray gun was still located in the same spot as seen from the air. Animal waste was
still being applied onto the trees oft of the spray field. Animal waste was ponded in several locations off of the spray
field. DWQ personnel observed the reel not moving and found the motor was not on. There was no evidence of
repair work or maintenance on the reel at the time DWQ arrived on site.
Required Corrective Action for Violation 1:
If you have not already done so, immediately cease application methods of animal waste that cause or contribute to
animal waste application outside of the permitted spray field and take all necessary steps to insure this violation
does not reoccur. The steps could include but are not limited to modification of your Certified Animal Waste
Management Plan and/or adjustment and calibration of the spray irrigation equipment.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before May 23, 2008'.
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.
Wip', Carolina
Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St.! Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX (M) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opporlunity/At3inmative Action Employer — 50% Recycled110% Past Consumer Paper

Mr. Smith
May 7, 2008
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
If you have an explanation for these violations that you wish to present to this office, please forward a detailed
explanation, in writing, of the event noted and why you feel that this office should not proceed with recommendation
for enforcement. This office should receive information in the time frame requested within this letter. information
provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact Ms. Christine Blanton, Mr,
Robert Marble, or myself at [phone].
Sincerely,
Stephen A. Farm ardt
Regional Aq ifer Protection Supervisor
SBlrsm
CC' Danny Edwards — SWC, FRO
APS Central Files — Raleigh
APS Files — FRO
Murphy -Brown - Integrator

o�Q� W A r�9p�
d �
May 7, 2008
RECEIVED
MAY 21 M North
OENR-FAYEf BALLEREGIONALOFFiCE
CERTIFIED MAIL "
RETURN RECEIPT REQUESTED,
Mr. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Road
Garland, Norffi Carnfi a 28"1
Michael F. Easley, Governor
William G. Ross Jr-, Secretary
Department of Environment and Nature! Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T -1300
Wayne and 'Susan SmifhFarm
Facility No. 9-189
Bladen County
Permit No_ AWSM189
Dear Mr- Smith:
You are hereby notified that, having been pied to have a rmm-discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2T _130. you have been found to be in violation of your 2T .1300 Permit
Violation 1: Failure to apply animal waste in accordance with the facility's Permit and Certified Animal
Waste Management Plan. (Permit No. AWS090189 Section 1.3, 11.1, 11.4, 111.13.d)
On April 30, 2008, during routine fflght aperzl�ares. DWQ personnel observed animal waste being applied outside
the limits of the spray field at your facffly a1 approximately 1 1:00 am_ The spray gun was located at the end of the
field and spraying waste onto the trees oar ai the field. DWQ personnel arrived on site at approximately 12:30 pm to
conduct an investigation. The spray guru was still located in the same spot as seen from the air. Animal waste was
still tieing applied onto the trees off of Me spray held. Animal waste was ponded in several locations off of the spray
field. DWQ personnel observed the real not moving and found the motor was not on. There was no evidence of
repair work or maintenance on the reel at the time DWQ arrived on site.
Required Corrective Action for Violation 1:
If you have -not -already done so, immediately-cease-applicabon-methads of animal waste-tbat cause. or contribute -to
animal waste application outside of the permitted spray field and take all necessary steps to insure this violation
does not reoccur. The steps could include but are not limited to modification of your Certified Animal Waste
Management Plan and/or adjustment and calibration of the spray irrigation equipment.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before May 23, 2008:
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.
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Intemet h2o.ennstatemc.us Customer Service 1-877-623-6748
An Equal GpparureitylAiTrrrnative Action Employer — 50% Recydedl10% Post Consurner Paper

JOHNNY WAYNE SMITH
1201 Wade Smith RD
Garland, NC 28441
Phone [phone]
May 19, 2008
Division of Water Quality
225 Green St./Suite 714
Fayetteville, NC 28301
Dear Stephen A. Barnhardt
In reference to notice of violation, cart was pulled out too far by part-time
employee of the previous week. The pump was started, the reel motor was
running.
The reel was not operating properly as to pull the cart in. two restarts
were done trying to correct the problem. The pump was not running
continually for the I % hours as noted.
The corrected steps to help this from occurring in the future are:
• Pulls should be marked at maximum length.
• Cart should have been pulled in at start pull position with pump not
running.
We were not deliberately applying waste outside of the spray area. Our
lagoon is not high and we have good hay fields to spray on.
Sincerely,
k' , I,. '�
Johnny Wayne Smith

W A rERQ�
j r
o �
April 8, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne and Susan Smith.
1201 Wade Smith Rd
Garland NC 28441
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION. NOV - 2008 - PC - 0254
Administrative Code 15A NCAC 2H.
Wayne and Susan Smith Farm
Facility No. 09-0189
Bladen County
Permit No. AWS090189
Dear Mr.and Mrs Smith:
Coleen Sullins, Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
Violation 1: Failure to conduct a sludge survey for 2007 in accordance with your Permit section III
condition 19.
On April 7, 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 of your lagoon for calendar year 2008.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items.
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 within 60 days.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Ms. Joan Schneier,
Environmental Specialist or myself at [phone]. NorthCarolina
Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.ne.us Customer Service 1-877-623-6748
An Equal OpportunitylAffirmatnre Action Empbyer — 50% Recycled110% Post Consumer Paper

.rn. ru— .—J. v11 NuI
April 8, 2008
Page 2
If you have any questions concerning this matter, please do not hesitate to contact either Ms. Joan Schneier,
Environmental Specialist or myself at [phone].
Sincerely,
Stephen . Barnhardt
Regional quifer Protection Supervisor
SB/tab
cc: Central Files - Raleigh
•-FRO Files
Murphy Brown, LLC

! - Y1%
A�F W AT �9
co 7
April 8, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne and Susan Smith
1201 Wade Smith Road
Garland NC 28441
Michael F_ Easley- Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Re: Notice of Deficiency, NOD-2008-PC-0252
High Freeboard
Wayne and Susan Smith Farm
AWS090189
Bladen County
Dear Mr. And Mrs. Smith:
Alan W. Klimek, P.E. Director
Division of Water Quality
On March 7, 2008, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
AWG100000 Section III 13(c), that the freeboard level of the lagoon was 26 inches, which is less
than the 27 inch minimum required for your farm. The General Permit, Section V 2, states "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.
We appreciate your cooperation in self -reporting high freeboards, pumping down your
lagoon, and malting your records available. Please bear in mind that high freeboards must be
reported by phone, email, fax, or personal contact within 24 hours. Plans of Action (POAs) must
be fled within 24 hours for structural and 48 hours for storm storage high freeboards. They
EXPIRE after five (5) days for structural and thirty (30) days for storage high freeboards. At that
time, the situation should be resolved or, upon request, the Division may grant extensions for
adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation, or civil penalties, if freeboard noncompliance remains an
issue due to waste plan or system design problems.
NortltCarolina
— — Al turally
Aquifer Protection Section 1636 Mail Service Center
Internet: www_ncwaterauality.ore Location: 2728 Capital Boulevard
An Equal OpportunitylAfrmatrve Action Employer— 50% Recycled110% Post Consumer Paper
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

April 8, 2008
Page 2
Mr. &Mrs. Smith
- - lk
The Division of Water Quality has the authority to levy a civil penalty of up to
$25,000 per day per violation. Please be advised that nothing in this letter should be taken
as removing from you the responsibility or liability for failure to comply with any State
Rule, State Statue or permitting requirement.
If you have any questions regarding this letter. please do not hesitate to call Joan Schreier at the
Fayetteville Regional Office at [phone]. POAs can be found under "Reporting Forms"on
the left side of the page, at our website http//h2o.enr.state.nc.uslaps/afou/afou_home.htm
Sincerelv.
Stephen B jrnhardt
Aquifer P tection Regional Supervisor
cc: Facility File — 09-0189
APS Central files
Murphy -Brown, LLC

o`a0� W A Llz p
r
p Y
Wayne & Susan Smith
Wayne & Susan Smith Farm
1201 Wade Smith Rd
Garland NC 28441
Dear Wayne & Susan Smith:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 1, 2004
Alan W. Klimek, P. E., Director
Division of Water Quality
RECEIVED
OCT 15 2004
OENR - FAYEnFMLLE REGIONAL OFFICE
Subject: Certificate of Coverage No. AWS090189
Wayne & Susan Smith Farm
Swine Waste Collection, Treatment,
Storage and Application System
Bladen County
On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General
Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill
733 (Session Law 2003-28).
In accordance with your application received on March 25, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Wayne &
Susan Smith, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG100000. The issuance of this COC
supersedes and terminates your previous COC Number AWS090189 which expires October 1, 2004.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Wayne & Susan Smith Farm, located in Bladen County, with an animal capacity
of no greater than an annual average of 6400 Wean to Feeder swine and the application to land as
specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to
Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are
unneccessary, 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, 2009. 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. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please 1pay careful attention to the record kegping
and monitoring conditions in this permit.
Aquifer Protection Section - Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] I FAX: [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCarolina
Naturally

If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan 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.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 214 .0225(c) 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, 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 staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact Duane Leith at [phone].
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Fayetteville Regional Office, Aquifer Protection Section
Bladen County Health Department
Bladen County Soil and Water Conservation District
Permit File AW S090189
APS Central Files

1
NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. and Mrs. Wayne Smith
Wayne and Susan Smith Farm
1201 Wade Smith Rd
Garland, NC 28441
Subject; NOTICE OF VIOLATION
Permit No. A W S090189
Condition V. 3. Inadequate Freeboard
Condition Ill. 6.e. Failure to Report
Dear Mr. and Mrs. Smith:
Natural Resources
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your
Permit.
On June 23, 2004 staff from the Fayetteville Regional Office of the Division of Water Quality visited
your swine farm located in Bladen County as a result of information that was given to us by the North
Carolina Soil and Water Division about your lagoon liquid level being in the storm storage.
During the DWQ inspection, the following violations were noted:
1. Failure to maintain 27" of freeboard space in the lagoon as required by your permit. It appeared
from your records that the lagoon liquid level went above the 27" mark earlier this year. It has
been noted on several previous inspection forms that you must maintain 27" of freeboard because
of rules regulations governing new lagoons built after 1996.
2. Failure to notify the Division of Water Quality about the high lagoon level within 24 hours of first
notice.
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet: ww.enr.state.nc.us/ENR/
An Equal Opportunity% Affirmative Action Employer— 50 0,1. Recycled 1 10 % Post Consumer Paper
NorthCarolina
)WA(raliff
D

r
The Division of Water Quality requests that the following items be addressed:
1. That you please maintain at least 27" of freeboard space in your lagoon according to your certified
animal waste management plan. " '
2. Please call and notify the Division of Water Quality within 24 hours of discovery of the lagoon
liquid level being above 27". When you call please talk with a CAFO staff member or other staff
member so we will have a record of your phone call.
3. The Division of Water Quality also asks that you please send in the following:
• The most current copy of your Certified Animal Waste Management Plan
• Your freeboard records since January 1, 2004
• Rainfall records for this year
• A copy of all waste application records for this year since January 1, 2004
4. Please have the OIC write an explanation on how these violations occurred and what will be done to
prevent them in the future.
Please send in the above information by July 31, 2004.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has
the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark
Brantley, Environmental Specialist, or myself at [phone].
Sincerely,
Stephen . Barnhardt
Regions Supervisor
A B/mb
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh

HIGH FREEBOARD NOTIFICATION FORM
Staff please retain your original and place a copy in the High Freeboard Notification
Box located in. Richard Canady's office.
Person Receiving Notification 11',-r k' lam #e- _
Facility Number ' C �l -y' -�� Date Rec ed
Farm Name 'Time S: 3 0 /pn1
Caller's. Name ,%,;
Caller's Telephone Numbers
Home# Cell#
Farm # " 110 - S$ �?_ Pager#
For all callers PLEASE obtain a phone number where they can be reached at any time.
(Cell phone numbers, home phone numbers, farm phone numbers, pager numbers)
Tell the caller that a member of the CAFO unit or Paul Rawls will contact them as soon
as possible.
Freeboard (in inches)
Lagoon # 1 -2 Lagoon # 4_
Lagoon # 2 Lagoon # 5_
Lagoon # 3 Lagoon # 6_
Do not instruct the caller on the action they should take. That is up to the caller. Remind
them that they are to remain in compliance with their Permit and Waste Utilization
Plan.
Make the caller aware that you are assigning a tracking number to their call. Give the
caller the tracking number and tell them to use this number for all future contacts about
this particular incident and when they call back reporting they are back into compliance.
High Freeboard Level Tracking Number is /'76 01-I
Thank the caller for their cooperation.
*Water Quality Staff Only*
If the caller indicates that the lagoon level is <12 inches, contact one of the CAFO staff
AND Paul Rawls. Do not leave a note, e-mail or voicemail without contacting the
CAFO staff AND Paul Rawls directly on any report of <12 inches.
Treat any report of <12 inches as, an emergency event.
*CAFO STAFF ONLY*
Establish a Filemaker/ BIMs Entry number for this report.
Print the Filemakerl BIMs Entry and attach it to this form.

Wayne Smith Farm
1201 Wade Smith Road
Garland, NC 28441
910-5884259
July 27, 2004
To Whom It May Concern:
JUL 2 9 200
I, Wayne Smith, am addressing the issues of my lagoon freeboard level. From 1997 to
1999, we operated with a lagoon marker that was set for 19 inches of freeboard. In 1999,
the inspector began to question the lagoon markers against the design. In April of 2002,
Brown's of Carolina finally installed new markers with heavy rainfall factor.
On March 7, 2004, we had a severe windstorm which completely removed the top of our
office at the hog houses. This office stores our water tanks, pumps, and meditators for
our hogs. We took on the job ourselves of rebuilding which proved to be too much as
this was also the time of the year to spray in addition to working a full time job
elsewhere.
But the main mistake was that we were still under the impression that we were to call
DWQ at 19 inches but we now know that it is 27 inches and in the future when we call,
we should talk to a person and not a recording.
Now that we are aware of having to call at 27 inches instead of 19 inches this problem
should not arise again. Lagoon is in good shape at this time.
Thank you,
Wayne South (01C)

Murphy -Brown ,,, 2004
� ^- Daily Rainfall/Weekly Lagoon Level Record
Farm: L)%jrl-e-
January Freeboard
smimnal
February Freeboard
S7nxt"i
SUN MON TUES WED THUR FRI SAT
Chad+
SUN MON TUES WED THUR FRI SAT
Check
7
2
3
4
2
3
1
S
e
O
D
f
30
V3O
Y30
V3e9
V3O
Y3O
9
10
X27
72
73
40
4
3a
V/?
�b
11
12
13
1.
15
18
1'
1s
0
16
D
17
��+
tp -
0
is
4
O
1
O
3 a
3,0
,
Is/
•�
19
O
20 /
p
21
22
3
O
.
U
22
0
23
.
o
25
o
�l
h
o
�9�
2p
Ih
27
29
29
�,
30
3 1
0
�oe
�8
it
March Itreeboard
Structural
April Freeboard
5>
SUN MON TUES WED THUR FRI SAT
Check
SUN MON TUES WED THUR FRI SAT
CNea
t�
2
0
3
D
O©
&
0
1
D
2
D
3
0
0
©
D
O
o
0
0�
o
o
U
L7
J
la
15
l
77
Ip
t9
I
J�
-)X
2;;,��
x2
23
2,
wr
z4ZL
1y
t
D
I
t
-L
May Freeboard
Structural
,tune Freeboard
SiaGmr�
SUN MON TUES WED THUR FRI SAT
Check
SUN MON TUES WED THUR FRI SAT
cbmx
:
,
A
z
2
1.
J
�5
a
o
v
`i�
>
V"'I.)/
tic
10
1,
0
apoV.
004
Y'/J5
17
is
19
20
+
20
x+
22
23
/
25
+^
24�
250
xs
27�
zB
2^
27
�
2e®
p
r7
Xa�
If daily rainfall totals 1 inch or greater, Initial in box that lagoon integrity has been checked.

Murphy -Brown..
Daily Rainfall/Weekly Lagoon Level Record
Farm: ��i��� �llf
2004
July Freeboard
Swimrai
August Freeboard
swickma,
SUN MON TUES WED THUR FRI SAT
Criedr
SUN MON TUES WED THUR FRI SAT
Chock
1
2
3
i
2
3
•
5
6
7
Y
310
11
12
13
14
Yj)
,
Z
v
15
`�
16AY
17
15
16
17
76
1p
20
21
3
3�34
22
24
zs
zs
27
ze
31
3I-
31
-e
3
123
cc)3
Y
ptember
Freeboard
Suucturai
Check
October
Freeboard
sdllral,al
Chock
SUN
MON
TUES
WED
THUR
FRI
SAT
SUN
MON
TUES
WED
THUR
FRI
SAT
t
2
4
,
2
5
6
7
a
9
1'0
9
12
13
t4
is
,e
17
1e
'7
2
r3
14
1s
16
19
20
21
22
23
24
25
10
20
21
22
23
6
21
2•29
V
24
27
2a
29
30
November Freeboard
s•,r,aural
December Freeboard
SUUCD 31
SUN MON TUES 1MIED THUR FRI SAT
�rec"
SUN MON TUES WED THUR FRI SAT
Cho&
1
2
5
6
1
2
3
4
7
e
9
ID
n
12
13
5
5
T
e
9
10
71
14
15
is
17
a
19
20
12
13
14
15
16
17
1e
21
22
23
24
25
26
27
1p
20
21
22
23
24
is
2e
29
30
26
27
2e
29
30
31
If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checked. Revised: 121IM3

FORM IRR-2
Tract t1
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number Q 1
Irrigation Operator
Irrigation Operator's
Address
Operator's Phone N
From Waste Wilzation Plan
Crop Type Recommended PAN Loading
r (blacre) - (e) S,
N1 f71 171 (Al (Al f91 M !91 fal fins fill
.:
Waste Analysis PAN'
000
r�
NMI
.aIN's
Crow Cycle Totals
Owner's Signature klatz-_ 4L=t= Operator's Signature
Certified Operator (Print) Operator's Certmcation No.
1 NCPA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633.
2 Enter the value received by subtrading column (10) from (0). Continue subtracting column (10) trom column (11) following each irrigation event.

FORM IRR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number J -
Irrigation Operator
Irrigation Operator's 9�
Address
Operator's Phone #
From Waste Utl#lzatlon Plan
Crop Type Reoommended PAN Loading
Bi r Wac re) _ 10)
!ll r-A rat [A% rKt rat M 10% /Ol lint 74 a
c
OEM
Waste Anatysis PAN
,i, gal)
PAN Applied
Wacre) rr.
MMMM--.
Crop Cycle Totals r 1 l i
Owner's Signatureys-2 S� r, �� Operator's Signature
Certified Operator (Print) Operators Certification No. f `%
l NCDA Waste Anaylysts or Equivalent or NRCS Estimate, Technical Guide Section 633.
' Entor the value received by subtracting column (10) from (0). Continue subtracting column (10) from column (11) following each irrigation event.

FORM IRR-2
Tract #
Field Size (acres) 3 (A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
FacilityNumber
Irrigation Operator
Irrigation Operator's
Address
Operator's Phone p
From Waste Utilisation Plan
Crop Type Reaannnended PAN Loading
a r kw u Wwe) e IB! a 7 ,
r11 M5 d_l1 rat IKI rin M dill fad 11 M
r,.
OEM
rr,
TolalVoluma
p Cycle Totets r 1
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No.
x NCDA Wam Anaylysls or Equivalent or NRCS Estimate, Technical Guide Section 633.
2 Enter thaMue received by subtracting column (10) from (S). Continue subtracting column (10) trom column (11) following each irrigation event.

FORM IRR-2 Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # I Field # / //
Field Size (acres) _ (A)
Farm Owner h S
Owner's Address
Owners Phone #
Facility Number
Irrigation Operator V&
Irrigation Operator's 5_
Address
Operator's Phone #
From Waste Utilization Plan
Crop Type Recornmerded PAN Loading
Macro) - (8)
ii1 IM M 1Al IAl IR% M IM 70I HIM ..1
t
WaMe Awdysis AN
(lb/1 4 .
{ll
1
mm�
Total VGkome
(gallons)
Volume
per Acre
(gavacre)
Crop Cycle Totals
Owners Signature aya e -h2 ,
Cartmed Operator (Print)
Operator's Signature
Operator's Certification No.
t NCDA Waste Anaylysls or Equivalent or NRCS Estimate, Technical Guide Section M.
2 Enter the value received by subtracting column (10) from (0). Continue subtracting column (10) from column (11) foilowing each irrigation event.

FORM IRR-2 Lagoon irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract # Field # [.
Field Size (acres) = (A)
Farm Owner a
Owner's Address
r
Owner's Phone # - 17,737
Facility Number
Irrigation Operator
Irrigation Operator's 9
Address If
Operators Phone #
/ From Waste Utilization Plan
Crop Type Aewmmended PAN wading
m uL7
(Wam) - (a) '75,O
r1\ M1 f71 W fRl fA% m M 191 11M Hti1
00.
V VAi1
WIM
♦ c . �'
i // w�
��
��//
/fJf Ali
�,,/
Crop Cycle Totals r �=
Owner's Signature _;Ly Operators Signature
Certified Operator (Print) Operator's Cert#fication No. ._
NCDA Waste Anaylysls or Equivalent or NRCS Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) trom (9). Continue subtracting column (10) tam column (11) bllowing each irrigation event.
S

FORM IRR-2
Tract #
Field Size (acres) - (A)
Farm Owner
Owner's Address
Owner's Phone 0
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number O -
Irrigation Operator
Irrigation Operator's
Address
Operator's Phone #
From Waste Utillzatlon Plan
ova TYFM r m RecommendW PAN oblacrej .die) ;
„ M IM [A% IM IM 171 fRl 101 l,m
.:
/00 990
..
:l
r�
�l�Xll'S'�i�►a�liLiJfr3/�
�����.��r�r�
r
/
crop Cycle Totals t 1
Owner's signature ;Yao_�
Certified Operator (Print)
Operator's Signature
Operator's Certification No. 199_73 _
1 NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633.
2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event.

w
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 24,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mi trael Smith
1201 Wade Smith Road
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Wayne & Michael Smith Farm
Facility No. 09 -189
Bladen County
Dear Mr. Smith:
On June 22,1999, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted a routine inspection on your swine facility located in Bladen County. It was noted that
only one waste sample was taken in 1998. General Permit condition 111.4 states that "An analysis
of the animal waste shall be conducted as close to the time of application as practical and at least
60 days (before or after) of the date of application.'. The last waste sample was dated in January
of 1999, however some pumping events have not been covered by a current waste sample for this
Year
The Division of Water Quality requests that the following items be performed:
1. Take a waste sample as close to the date of appCacabon as practical but at least 60 days before
or 60 days after application as required by General Permit condition 111.4 and the CAWMP.
Please notify this office in writing on or before July 23,1999 at the letterhead above as to the
actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have or may
result from these deficiencies. if you have any questions concerning this matter, please do not
hesitate to contact myself at [phone].
Sincerely,
��
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Jimmy Vinson - Brown's of Carolina, Inc.
225 GREEN STREET, SUITE 714, FAYE7TEVILLE, NORTH CAROLINA 28801-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONAU/4E11t PAPER