090213_ENFORCEMENT_20171231

*12be
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 5, 1999
Mr. Russell Wood
570 Wood Lane
White Oak, NC 28399
SUBJECT: NOTICE OF DEFICIENCY
Cedar Bay Farm
Registration No.09-213
Bladen County
Dear Mr. Wood:
On August 5, 1999, staff from the Fayetteville Regional Office of
the Division of Water Quality inspected the Cedar Bay swine facility. It was
determined that the Bermuda grass waste application field # 5 had a poor
stand in the majority of the field due to fall panicium competion. In addition,
the waste samples had not been collected since February resulting in
inaccurate records for maintaining a plant available nitrogen (PAI) balance
for the crops. The irrigation equipment available for waste application has
been determined by the Division of Soil and Water to be insufficient for the
task of applying the volume of waste generated on this farm within the
windows allowed by the certified animal waste Management Plan
(CAWMP).
In regard to the deficiencies noted during the inspection, the
following actions are requested:
1. Contact a technical specialist for information in regard to the control
or removal of the competition and the establishment of the bermuda
grass.
2. Immediately collect and submit a waste sample to the appropriate
agency for analysis and make the appropriate corrections to the
irrigation records for the preceding two months. Begin collecting
waste samples for analysis within 60 days of waste application.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POET-CONDUMER PAPER

Mr. Russell Wood
Page 2
August 5, 1999
3. Contact a technical specialist for assistance in designing an irrigation plan to address the
problems identified and to rewrite a CAWMP to correspond with the irrigation plan.
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 call Robert F. Heath,
Environmental Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
Brian Spell - Dogwood Farms

AkT7:-1W
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 22, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Russell Wood
570 Wood Lane
White Oak, NC 28399
SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT
Cedar Bay Swine Farm
Permit No. AWS090213
Facility No. 09-213
Bladen County
Dear Mr. Wood:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge permit for the subject
animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation
of your 2H .0217 Permit.
On April 9, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted a site visit to the above referenced facility in response to a public complaint. Upon arrival at
the facility, it was'observed that wastewater was ponded in the northeast sprayfield. The ponded
wastewater exited the east edge of the field and entered into a storm water diversion ditch. The
stormwater diversion ditch flowed to a "blue line" stream, which is an. unnamed tributary of Harrison
Creek.
The Division of Water Quality requests that the following item{s} be addressed:
1. Avoid overapplication of wastewater to prevent hydraulic overloading.
2. Inspect future irrigation events at more frequent intervals to include observation of the sprayfield
edges for runoff.
3. Contact a technical specialist for assistance with utilization of proper hydraulic loading rates for all
fields based on soil types and compaction due to cattle grazing.
225 GREEN STREET- SUITE 7141 SYSTEL BUILD [NO / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.ENR.STATE.NCIIS/ENR/
AN EQUAL OPPORTUN rrY / AFFIRMATIVE ACTION EMPLOYER - 501% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTIJNE: 1-877-623-6748

Mr. Wood
5-22-02
Page 2
4. Submit copies of the following: Current Waste Utilization Plan (WUP), last 12 months of IRR-2
forms, last 12 months of waste analysis, and last 2 years of soils analysis.
Failure to comply with the above condition(s) may result in the facility losing its General Permit and
being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. You are hereby notified that based
on the above information, the Division of Water Quality is considering forwarding a recommendation to
the Director for consideration of enforcement for this violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If you have an explanation for this violation that you wish to present to this office, please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendation for enforcement. This response should be received by this office on or before
June 7.2002. Information provided to this office will be reviewed and, if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr. Paul Sherman, Environmental Engineer, at [phone].
MPS:mps/PR
Sincerely,
?4--
Paul E. Rawls
Regional Water Quality Supervisor
Cc: Compliance Unit -Raleigh
Jeremy Hill -Premium Standard Farms
Christopher Bordeaux-Bladen Co. MRCS
Trent Allen-DSWC Fayetteville Office
Central Files -Raleigh

.'9' Division,.of Water Qualrty
` Q.Drvrsron of Soiland Water Conservation
O�Other Agency c ` E, i Si
- F
- ,, ,'"'- i As.t s .. . _: � � gTMtWt •,.�� z +'� •d4 '� ..v `
Type of Visit © Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine Q Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number X13 Date of Visit: 4-9-2o0Z Time- lAalo
.. �,._. ,..._.w..�. ��.....�w.� .� •�.». .�...��.... Q Not Operational O Below Threshold
0 Permitted 0 Certified ® Conditionally Certified Q Registered Date Last -Operated or Above Threshold: ..................
Farm Name: UdArRayflarm.......................................................................................... County: UlAdell ............................................... FRO ............
Owner Nance: Rusull.......................... .......... Hqmd........................................................... Phone No:
Nrlailing Address: 5.7.A. ftQd..iia.zle...................................................... 4Yhi>re.QAic G..................,........................ ..............
FacilityContact:.......................................................................:......'I'itle:....,..............,............................................ .Phone .No:.... ..........................................
Onsite Representative: Robby,Aynd.............................. ............................................... :.. Inkegrafor:l�R�n�QE .far.[15...,...............................................
Certified Operator: E.lWl C,H................................ W..t?iRd................................................. Operator Certification Number:.1.9 6 .... ...... ... .........
......
Location of Farm:
take NC 53 from White Oak toward Fayetteville go 1 miles past Boy Scout Camp and farm is on right
.r
®Swine []Poultry ❑ Cattle ❑ Norse Latitude 34 SF48­1 Longitude 78 a
Design
Current
Design Current
l iesigp Current.
Swine Ca acct
Cattle
capacity Population
❑ Wean to Feeder
r
. ❑ Layer
❑Dairy
❑ Feeder to Finish
❑ Non -Layer
❑ Non -Dairy
® Farrow to Wean 3400
❑ Farrow to Feeder
❑ Other
❑ Farrow to Finish
Total Design Capacity
3,400
C3 Gilts I
I
.
Total SSLW
1,472,200
❑ Boars I
I EH]
Number of Lagoons 1 ® Subsurface Drains Present ❑ Lagoon Area ICK Spray Fief area
Holding Ponds I Solid Traps 10 No Liquid Waste Management System
Discharges & Stream m acts.
1. Is any discharge observed from any part of the operation? ® Yes ❑ No
Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No
b, If discharge is observed, did it reach Water of the State'? (if yes, notify DWQ) ® Yes ❑ No
c. If discharge is observed, what is the estimated flow in gaVmin? undetermined
d. Dees discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ®No�
1 Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3, Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure I Structure 2 Stnrcture 3 Structure 4 Stntcture 5 Struenire 6
Identifier: ..................................................... :................ ....................................
Freeboard (inches): 21
05103/01 Continued

Iaciuty ,Numuer: y—sts I Date of In,pectiun 13-Y-LUUL l
5. Are there any immediate threats to the integrity of any of the structures observed'? (ie: 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'?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? []Excessive Ponding []PAN []Hydraulic Overload
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination'?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(iei discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
[I No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes [I No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑tio
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWLIP? ❑ Yes ❑tio
❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
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): ❑ Field Copy ❑ Final Notes
)WQ representatives on site in response to a complaint received at the Regional Office. Upon arrival at facility, waste water was
bserved ponding in the NE sprayfield. Upon further examination, it was discovered that the waste had exited the sprayfield and entered
storm water diversion ditch that discharged into a UT of Harrison Creek.
he spray event that caused the discharge occurred the day before (4/8/02), according to facility representative Robby Wood. Mr. Wood
rplained that the cows had engaged the reel shut-off bar while spraying yesterday. The reel pumped at a stand still for approximately
ne hoar, according to Mr. Wood. Mr. Wood observed the ponded waste, however, did not notice the runoff leaving the field. It was
;commended the Mr. Wood disk the area adjacent to the storm water diversion ditch so that no additional waste could leave the field.
Reviewer/Inspector Name Paul Sherman John Hasty
Reviewer/Inspector Signature: Date: 1 c
T" e
05103101 Continued

Facility Number: 9_213 Daie of Inspection 4-9-2002
• Odorlss'ues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
2T Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
11. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
05/03/01
It was also recommended that Mr. Wood recover as much of the waste in the storm water diversion ditch as possible. Mr. Wood
A.
w
explained that he owned a trash pump and would remove the waste from the ditch. Samples were taken from the source, upstream of
the convergance with the UT, and downstream of the convergance with the UT.
+
-6 LIT
--------------------------
-ec— Flow
05/03/01

�0 warF9Q I Michael F. Easley V�
t�r� Governor V
rUG 2003 William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
� L—k Division of Water Quaiiry
Mrs. Elaine Wood
570 Wood Lane
White Oak, NC 28399
RE: Payment Schedule for Civil Penalty
Case DV 02-009
Farm #9-213
Bladen County
Dear Mrs. Wood:
August 5, 2003
CERTHUD MAIL
RETURN RECEIPT REQUESTED
You have requested a schedule for making partial payments toward the civil penalty that
was assessed by the Division of Water Quality on April 4, 2003. The Division is agreeable to a
twelve (12) month payment schedule beginning on September 1, 2003 and continuing to August
1, 2004. There are eleven (11) payments of three hundred forty dollars and sixty-three cents
($340.63) beginning on September 1, 2003 and one final payment of three hundred forty dollars
and fifty-nine cents ($340.59).
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 stof 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.
Customer Service: Mallln,9 Address: Telephone [phone]
1.877.623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699.1617 State Courier #52-01-01
An Equal Opportunity /Af miative Action Employer
50% recycled / 10% post -consumer paper
httpJ/h2o. snr. state.nc. us
*A
N
DENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr. Steve Lewis at (9I9) 733-5083, ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Paul Rawls, Fayetteville Regional Supervisor w/o attachment
PavixShermazi,•FRO w/o attachment'
File D V`02=009 -w/ attachment
Central Files w/o attachment

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Russell Wood
570 Wood Lane.
White Oak, NC 28399
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
September 15, 2003
Subject: NOTICE OF VIOLATION
Cedar Bay Farm
Facility No. 9 -213
Bladen County
Dear Mr. Wood:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
You are hereby notified that, having been deemed permitted to have a non -discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been
found to be in violation of your 2H.0217 Permit.
On September 15, 2003 DWQ staff visited your farm site and interviewed you. The visit was
in response to a complaint made by an adjoining neighbor who alleged that your staff made a
waste application on a portion of their property. During the discussion that day with DWQ staff
member, Larry Baxley, you stated that your staff had made an accidental swine waste application
onto your neighbor's property. As indicated to you during the visit this is considered a violation
of your facilities Certified Animal Waste Management flan and must be avoided in the future.
The Division of Water Quality requests that the following items be addressed:
1. Monitor more closely the application events to ensure that waste is only applied to areas
specified within your facilities CAWP.
2. Modify irrigation procedures such that the spray gun does not apply wastewater within 75
feet of any property boundary that was not in use at the time of the farms siting.
Failure to comply with the above conditions may result in the facility losing its General
Permit and being required to obtain an individual non -discharge permit for the facility.
fXF
I)m
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

Mr. Wood
9-15-03
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
Please provide this office with a written response on or before October 3, 2003 as to the
actions taken or proposed to be taken to avoid this situation in the future. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley,
Environmental Specialist, or myself at [phone].
Sil}ce�ely, .�
Paul . R wl s��---
Regional Water Quality Supervisor
LCB:PR/lcb
cc: Keith Larick - Compliance Group
Dean Morris- Bladen Co. NRCS
Trent Allen- DSWC Fayetteville
Central Files- Raleigh
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
NCDW
Customer Service
1-877-623-6748

\N
Michael Michael F. Easley, Governor
O�0 AQP
Nh Cf EWilliam G. Ross Jr.. Secretary
North Department of and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Q
-�
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 9, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Russell Wood
570 Wood Lane.
White Oak, NC 28399
Subject: NOTICE OF VIOLATION
Cedar Bay Farm
Facility No. 9 -213
Bladen County
Dear Mr. Wood:
You are hereby notified that, having been deemed permitted to have a non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in
violation of your 2H.0217 Permit. t
On July 26, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality were
conducting an aerial flight of the area and observed an irrigation event at the above named facility. The
application equipment appeared to be applying wastewater onto ponded areas in a low portion of the
field. The subsequent follow-up visit revealed the presence of standing wastewater in a very large
depression running the length of the field.
The Division of Water Quality requests that the following items be addressed:
1. Avoid Overapplication of waste either agronomically or hydraulically.
2. Inspect spray fields before and during irrigation to prevent excessive ponding and to avoid the
possible contamination of nearby surface waters.
3. Modify irrigation procedures such that the spray gun does not apply wastewater to the low area,
which is susceptible to ponding.
Failure to comply with the above conditions may result in the facility losing its General Permit and
being required to obtain an individual non -discharge permit for the facility.
225 GREEN STREET — SUITE 7141 sysTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043
PHONE [phone] l,AX [phone] WWW.ENlt.s'I'A'l'E.NC.tJS1F,NR1
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50%RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Wood
July 9, 2003
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
Please provide this office with a written response on or before July 30, 2003 as to the
actions taken or proposed to be taken to avoid this situation in the future. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley,
Environmental Specialist, or myself at [phone].
Sincer ,
l�
haul E. Rawls
Regional Water Quality Supervisor
LCB:PR/lcb
cc: Keith Larick - Compliance Group
Dean Morris - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

July 25, 2003
Paul E. Rawls
Regional Water Quality Supervisor
225 Green Street
Fayetteville, NC 28301-5043
Re: Written Response to June 26 NOV
Cedar Bay Farms
Facility No. 09-213
Bladen County
Dear Mr. Rawls:
Cedar Bay Farms
570 Wood Lane
White Oak, NC 28399
P) 910.866.4044
F) 910.866.4233
L2:92M '
This letter is in response to the notice of violation we received on July 9, 2003. The
violation was the application of wastewater on ponded areas in a low depression running
the length of the field.
The first item to be addressed is the over application of waste either agronomically or
hydraulically. We have calibrated our spray equipment and hope that this, along with
more diligent inspections, will rectify the problem.
The second item to be addressed is inspections of spray fields before and during irrigation
to prevent excessive ponding, and to avoid the possible contamination of nearby surface
waters. We are inspecting the equipment and spray fields more frequently, and intend for
excessive ponding not to occur in the future.
The third item to be addressed is the modification of irrigation procedures such that the
spray gun does not apply wastewater to the low area, which is susceptible to ponding.
Action has been taken to expand our waste management plan to include more acreage for
the application of wastewater. We have come to an agreement with a neighboring land
owner to purchase a 144 acre tract of land adjoining our farm. A substantial amount of
this land could be included in our waste management plan, and would reduce our need
considerably for application of wastewater in the field where this violation occurred. The
purchase of the adjoining land and a revision of our waste management plan will be
costly; however, we intend to follow through in an effort to operate our farm in an
L3 -

environmentally responsible manner. During a year of extraordinarily high rainfall
amounts, we understand the benefits of making such a financial commitment.
In closing, we are eager to operate our farm's waste management plan in an ethical and
lawful manner. We believe that the actions listed above will support the proper
management of wastewater and its application on our facility.
Sincerely,
N-PPMEMM
Russell Wood

—!
r
IOCT 2003
October 3, 2003
Paul E. Rawls
NCDENR
225 Green Street - Suit --714
Fayetteville, NC 28301-5043
Re: Notice Of Violation dated September 15, 2003
Dear Mr. Rawls,
4 570 WOOD LAF49
WHITE OAK, NC 29399
e
PHONE: [phone]
This letter is to address the NOV we received on September 15, 2003 as a result of a complaint made by
an adjoining land owner. Staff at our facility made a waste application on a small portion of their property.
We have addressed the issue with our staff and in the future we will monitor the application events to
ensure that waste is only applied to areas specified within our facilities CAWP. We will also modify our
irrigation procedures such that the spray gun does not apply wastewater within 75 feet of any property
boundary that was not in use at the time of our siting.
We hope that these procedures are adequate and that the Division of Water Quality chooses not to take
enforcement actions for this violation. If you have any questions concerning this'inatter, please contact
me at [phone].
Sincerely,
z �141
Russell O. Wood
Owner

1;
WA:Irr I Michael F. Easley, Governor
A William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
UJ Alan W. Klimek, F. E. Director
Division of WatCT Quality
0 Coleen H. Sullins, Deputy Director
Division of Water Quality
May 14, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Russell Wood
570 Wood Lane
White Oak, NC 28399
Subject: NOTICE OF VIOLATION
Cedar Bay Farm
Facility No. 09- 213
Bladen County
Dear Mr, Wood:
You are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H.0217 Permit.
On May 6, 2004, staff from the Fayetteville Regional Office of the Division of Water.Quality
were conducting an aerial flight and observed an irrigation event at the above named facility. The
application equipment appeared to be applying wastewater onto standing water causing ponding
in low areas at the end of the pull. The subsequent follow-up visit that day revealed the presence
of standing wastewater more than four hours after the initial observations. The accumulation of
the wastewater/freshwater mixture was standing in scattered pools located at the end of one of the
application lanes that apply to the trees along the ridge.
Your facility has had a history of similar violations in recent years and this office recognizes
your efforts to improve on a less than optimum application circumstance. Still you must take the
steps required to avoid violation of your permit and CAWMP. In the past you have been asked to
modify application methods and monitor applications more frequently to prevent incidents from
occurring. The repeated frequency of similar compliance issues makes it difficult for this office to
support the continued issuance of Notice of Violations for these problems. Future incidence will
result in enforcement action being recommended to the Director's Office.
Cilli
N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910)4N6-1541 Fax(910)4M"707 Customer Service
1-877-623-674M

or 'ft
Mr. Wood
05 -14-04
Page 2
The Division of Water Quality requests that the following items be addressed:
1. Avoid overapplication of waste either agronomically or hydraulically.
2. Inspect spray fields before and during irrigation to prevent application of waste onto
standing water and excessive ponding. Special emphasis should be placed on low-lying
sections of application areas where wastewater may collect.
3. Write an explanation of how similar incidents will be avoided in the future.
4. Modify application equipment or spray procedures to prevent the spraying of wastewater
onto areas of standing water.
5. Please identify the Operator in Charge who is responsible for this and all other waste
applications on this farm. Submit their name and certification number as it appears on their
certification to this office with the other requested information
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.
Please provide this office with a written response on or before June 2, 2004 as to the
actions taken or proposed to be taken to avoid this situation in the future. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley,
Environmental Specialist, or myself at [phone].
Sin
al E. Rawls
Regional Water Quality Supervisor
LCB:PR/lcb
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
NCDENR
N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 [phone] Fax [phone] Customer Service
1-877-623-6748

o W
o`'rEgQc
y �
Mr. Russell O. Wood, Jr.
570 Wood Lane
White Oak, NC 28399
I
;ILL 14
r
July 10, 2003
RE: Request for Remission of Civil Penalty
Cedar Bay Farms
Farm # 9-213
Bladen County
File No. DV 02-009
Dear Mr. Wood:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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 $4,877.52.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check t)avable to the Devartment of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B -282.1(c).
Customer Service. Mailing Address: Telephone [phone]x83
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52.01-01
An Equal Opportunity/ Affirmative Action Employer
50% recycled/ 1045 past consumer paper
http://h2o. enr, state. nc. us
t
N 5 ENrR-
Location:
512 N. Salisbury St.
Raleigh, NC 27699.1617

J*`
If you choose to present your request to the committee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received, please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc: Paul Rawls, Fayetteville Regional Supervisor
�herrtman,FRO
File '# DV 02-009
Central Files

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Russell Wood
570 Wood Lane
White Oak NC 28399
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Cedar Bay Farm
#9-213
Bladen County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
I�� t
� 3 2003 ;
On March 12, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate Freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on January 8, 1999. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action. chosen will
be based on complete evaluation of all factors. that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Allirmative Action Employer
50% recycled 110% post -consumer paper
http://h2o.enr.s1ate.nc.us
ft
Location:
512 N. Salisbury Sl,
Raleigh, NC 27699.1617

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

o�oF WA T�" Michael F. -Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2003
Russell Wood
570 Wood Lane
White Oak, NC 28399
Subject; Rescission of Notice of Violation 1
Issuance of Notice of Deficiency
Cedar Bay Farm
09-213
Bladen County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional -and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 600 623-7748 1617 Mall Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courler #52-01-01
An Equal Opportunity/ Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http://h2o.enr. state, nc.us
KDENi
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
c rel
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-213
Non -Discharge Compliance and Enforcement Unit
Central Files

MAO�27-2004 10:43 AM P.01
MAY t ] ppq
QWQ
h
F 12 orW �,�w
,$'- a7 -o ff

MAY -27-2604 10:43 AM
Cedar Bay Farms
721 Honeycutt Road
Willow Spring, NC 27592
919,639,2926
May 26, 2004
Paul E. Rawls
Regional Water Quality Supervisor
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301
Dear Mr. Rawls,
I am in receipt of your letter dated May 14, 2004 regarding the Notice of Violation on
Facility No. 09-213. This letter is to assure you that 1 sincerely regret the occurrence of
May 6, 2004 that led to this action by your agency. Cedar Bay Farms makes every effort
to operate its waste management plan in a manner that is respectful to the environment
and within the boundaries of our permit. Unfortunately, some ponding in a few
depressions within our spray area did occur. This was accidental and unintentional.
Incidents similar to what occurred on May 6 will be avoided in the future In two specific
ways. First, we will avoid over -application of waste effluent on spray fields, and will be
even more diligent to inspect spray fields before and during irrigation events to prevent
ponding. Second, we will make significant improvements to the spray field on which the
event occurred. As you probably are aware, the field where the violation occurred is on a
tract of land that we have recently purchased to be improved for the purpose of
expanding the acreage covered in our waste management plan. This will allow us to'
manage our waste plant more effectively. As i write this letter, a grading contractor is
clearing 12 to 15 acres of land, which includes the area where the ponding occurred. The
land will be cleared, graded, and seeded with grass. Also, a solid set irrigation system
will be installed. These improvements will be according to approved design
specifications, and will remove stump holes and other indentions subject to ponding from
the area. The costs associated with this effort to improve our waste management
practices include $240,000 for the purchase of the land, and approximately $30,000 for
land clearing, grading, and installation of solid sets. The equipment used for application
and the spraying procedures for this area will be completely overhauled as a result of
these improvements.
P.02

MA'"' -27-2064 10.-44 AM
We have been, and continue to, monitor closely the application of wastewater. We take
seriously our obligation and responsibility to the environment and the community to see
that all the equipment is properly maintained and the wastewater is properly applied. We
want to maintain a good reputation with Division of Water Quality and our neighbors.
We will make every effort to ensure that this does not happen again. The operator is my
wife, Elaine Wood, and her certification number is 19254.
if you have any questfons, please do not hesitate to contact me.
Si ly,
Mussell Wood
Owner
P.03

DENR-FRO
Cedar Bay Farms MAY Z 8 2004
721 Honeycutt Road DWO
Willow Spring, NC 27592
919.639.2926
May 26, 2004
Paul E. Rawls
Regional Water Quality Supervisor
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301
Dear Mr. Rawls:
I am in receipt of your letter dated May 14, 2004 regarding the Notice of Violation on
Facility No. 09-213. This Ietter is to assure you that I sincerely regret the occurrence of
May 6, 2004 that led to this action by your agency. Cedar Bay Farms makes every effort
to operate its waste management plan in a manner that is respectful to the environment
and within the boundaries of our permit. Unfortunately, some ponding in a few
depressions within our spray area did occur. This was accidental and unintentional.
Incidents similar to what occurred on May 6 will be avoided in the future in two specific
ways. First, we will avoid over -application of waste effluent on spray fields, and will be
even more diligent to inspect spray fields before and during irrigation events to prevent
ponding. Second, we will make significant improvements to the spray field on which the
event occurred. As you probably are aware, the field where the violation occurred is on a
tract of land that we have recently purchased to be improved for the purpose of
expanding the acreage covered in our waste management plan. This will allow us to
manage our waste plan more effectively. As I write this letter, a grading contractor is
clearing 12 to 15 acres of land, which includes the area where the ponding occurred. The
land will be cleared, graded, and seeded with grass. Also, a solid set irrigation system
will be installed. These improvements will be according to approved design
specifications, and will remove stump holes and other indentions subject to ponding from
the area. The costs associated with this effort to improve our waste management
practices include $240,000 for the purchase of the land, and approximately 530,000 for
land clearing, grading, and installation of solid sets. The equipment used for application
and the spraying procedures for this area will be completely overhauled as a result of
these improvements.

w-
"I
We have been, and continue to, monitor closely the application of wastewater. We take
seriously our obligation and responsibility to the environment and the community to see
that all the equipment is properly maintained and the wastewater is properly applied. We
want to maintain a good reputation with Division of Water Quality and our neighbors.
We will make every effort to ensure that this does not happen again. The operator is my
wife, Elaine Wood, and her certification number is 19264.
If you have any questions, please do not hesitate to contact me.
Si rely,
Russell Wood
Owner

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director y ,�� i Secretary
June 28, 2010
CERTIFIED MAIL Com'', ' ll-
RETURN RECEIPT REQUESTED '' '
Wood, Russell
Cedar Bay Farm J
570 Wood Ln
White Oak, NC 28399;
Subject: Notice of Violation
Cedar Bay Farm
Permit Number NCA209213
Bladen County
Dear Permittee,
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($)
2009PR001562
2/11/2008
3/12/2008
360.00
Please be reminded that the table above covers the period between Years. 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attu: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh. North Carolina 27604
Phone: [phone] L FAX: [phone] L Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Afhrmative Action Employer
P
NorthCarolina
Naturally

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at jayajoshi@,ncdenr.gov.
Sincerely,_
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No NCA209213)

Fj ; tiy. -1 c 3 -W14--1 7
��. .
��� rr
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, R E.
Governor Director
January 22, 2013
CERTIFIED MAIL 7010 1870 0003 4774 8102
RETURN RECEIPT REQUESTED
Mr. Robbie Wood
781 Honeycutt Rd
Willow Spring, North Carolina 27592-9149
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T. 1304
Cedar Bay Farm Facility No. 09-213, Permit No. AWS090213
Bladen County
NOV-2013-PC-00271 Bims Incident no. 201300071
Dear Mr. Wood:
John E. Skvarla
Secretary
On January 22, 2013, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), inspected the Cedar Bay Farm and the permitted waste disposal system. We wish to thank Mr.
Robbie Wood, who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T.1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to conduct a survey of the sludge accumulation in your lagoon during 2012 in accordance to your
Permit. (Permit No. AWG 100000 Section III 19)
On January 22, 2013 during a routine compliance inspection it was documented that no sludge survey was
conducted during the year 2012.
Required Corrective Action for Violation 1:
Conduct a sludge survey of your lagoon by December 31, 2013
AQUIFER PROTECTION SECTION
225 Green Street — Suite 714
Fayetteville, North Carolina 28301.5095
Phone: [phone] FAX: [phone] Customer Service 1-877.623.6748
Internet: www.h20.enr.state.nc,us
An Equal Opportunity i Affirmative Action Employer
'. r
Nne
orthCarolina
Naturallry

Mr. Wood
January 22, 2013
Page 2 of 3
Violation 2:
Failure to conduct a waste analysis of the animal waste with recommended laboratory sampling
procedures as close to the time of application as practical and at least within sixty days before or after the
date of application (Permit No. AWG 100000 Section 11I 5)
On January 22, 2013 during a routine compliance inspection it was documented that no waste analysis
was conducted within sixty days of your September waste applications.
Required Corrective Action for Violation 2:
Conduct a waste analysis within sixty days before or after waste applications.
Violation 3:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste
Management Plan that resulted in excessive ponding: (Permit No. AWG100000 Section II 5)
On January 11, 2013 during a complaint investigation it was documented with pictures that waste was
ponded in you solid set application field. Waste was applied on January 10, 2013
Required Corrective action for Violation 3:
If you have not already done so, immediately cease application methods of animal waste that causes or
contributes to excessive ponding and take all necessary steps to insure this violation does not reoccur.
The steps could include but are not limited to modification of you Certified Animal Waste Management
Plan and/or adjustment and calibration of the spray irrigation equipment.
Violation 4:
Failure to maintain a vegetative cover as specified in your facility's CAWMP on all land application
fields in accordance with the CAWMP. No waste shall be applied where crops are insufficient for nutrient
utilization.
On January 11, 2013 it was documented during a complaint investigation that no crop (over seed) was
planted or growing in your solid set field that waste was applied to on January 10, 2013.
During your routine inspection on January 22, 2013 it was documented that from May through September
2012 waste had been applied in your solid set field that does not have a viable Bermuda stand to utilize
the waste application. It was noted in your annual inspection April 2012 that the Bermuda stand was weak
and needed to be respriged or seeded.
Mr. Wood
January 22, 2013

Mr. Wood
January 22, 2013
Page 3 of 3
Required Corrective action for Violation 4:
If you have not already done so, plant an over seed crop within 30 days of the January waste applications.
Within 30 day from receipt of this letter meet with a Regional Agronomist and a Technical Specialist to
review your CAWMP and your fields to develop a Plan of Action within 60 days from the receipt of this
letter. This plan should include recommendations on how to improve your Bermuda stand or change the
crops to provide viable crops that will meet the requirements of your CAWMP.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before March 31, 2013:
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
3. A copy of the Plan of Action recommended by your Regional Agronomist and Technical
Specialist.
You are required to take any necessary action to correct the above violations on or before
December 31, 2013 and to provide a written response to this Notice by March 31, 2013. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Stephen A. Barnhardt
Enviro ental Program Supervisor
cc: Keith Larick CAFO Unit
FRO Files ,
Murphy Farms