780024_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 9, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: NOTICE OF DEFICIENCY
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward:
On August 6, 1999, staff from the Fayettteville Regional Office of the
Division of Water Quality conducted an inspection of Ward Farms, Inc., in
Robeson County. The inspection revealed that the trees on the lagoon banks
need to be removed in conjunction with a technical specialist to MRCS
standards. The inspection also revealed that a current waste sample had not
been taken and that an adequate, readable marker needs to be installed in
order to determine the freeboard level in the lagoon.
In regard to the deficiency(s) noted during the inspection , the
following actions are requested:
Take waste samples in accordance with the laws of this State.
2. Consult with a technical specialist about the removal of the trees from
the lagoon banks. Tree removal must be done per the NRCS standards and
with guidance from a technical specialist. The brush needs to be cut back also
to allow for inspection for burrowing animals which could threaten the
integrity of the structure. You should be receiving your permit for this farm
soon and a condition of the permit is removal of trees from the lagoon banks.
Condition II. Operation and Maintenance Requirements, number 1 a., states:
"A protective vegetative cover shall be established and maintained on all
lagoon/storage pond embankments (outside toe of embankment to maximum
pumping elevation), berms, pipe runs, and surface water diversions. Trees,
shrubs, and other woody vegetation shall not be allowed to grow on the
lagoon/waste storage pond embankments. All trees shall be removed in
accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed." I am enclosing
a copy of this portion of Permit for you.
3. Consult with a technical specialist on the installation of an adequate
readable marker for the lagoon including stop pump elevation.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301 •SO43
PHONE [phone] FAX 910-495,0707
AN EQUAL OPPORTUNITY (AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE11/10% POST-CON3k1P0ER PAPER
a 111111110—
aJ

Mr. Ward
9-9-99
Page 2
Please provide a written response to this office by September 30,1999 , as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have resulted or may
result from this deficiency.
If you have any questions concerning this matter please contact me at [phone].
;imnely,
r
. Hasty, Jr.
Environmental Specialist
cc: Sonya Avant -Compliance Group
Audrey Oxendine-DS WC Faye teviIle Office
Ed Holland -Robeson Co. NRCS
Jimmy Vinson -Brawn's of Carolina
Central Files -Raleigh
I

a-
RMENK
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
September 12, 2001 Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
QERTIFIED MALL
RETURN RECEIPT REQUESTED
Mr_ Johnny Ward
4911 White Oak Rd.
Lumberton, NC 28358
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Johnny Ward Farm
Facility No. 78-24
Robeson County
Dear Mr. Ward:
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 September 10, 2001, staff from the Fayetteville Regional Office of the Division of Water
Quality, performed an inspection of the Johnny Ward Farm in Robeson Co -.The inspection revealed
that there were no current waste samples for the irrigation events in June 2001. The lack of waste
samples has been noted in 1999 inspection and 2000 Operational Review of this facility. It was also
noted on a visit two weeks previous that there were no copies of any of the required paperwork on
site.
The Division of Water Quality requests that the following item(s) be addressed:
Secure waste samples within the required time frame of irrigation events (sixty days prior or
sixty after).
2. Keep a copy of all required paper work on site and available upon request.
Failure to comply with the above conditions may result in the facility losing it's Permitted status
and being required to obtain an individual non discharge permit for the facility.
Fayetteville Regional Office
225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] l FAX: [phone] internet: enr.�stat e. iic.
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled i 10% Past Consumer Paper

-9
Mr. Ward
9-12-01
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 $10,000.00 per day per
violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr_ John Hasty, Emironmental Specialist, at [phone].
Sincere ly},
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Ed Holland - Robeson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Dave Nordine-Brown's of Carolina

I
State of North Carolina
Department of Environment,
Health and Natural Resources • FA
Fayetteville Regional Office 7
OAM%-
James B. Hunt, ,SecretaC
Jonati�an B. Howes, Secretary
C
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL X"AGEMENT
November 18, 1994
CERTIFIED HAIL
RETURN RECEIPT RE4UE5TSD
Mr. James L. Floyd, Owner
C. Vernon Floyd Jr. and Son, Inc., CAFO
Route 1, Box 124
St. Paulo, North Carolina 28384
SUBJECT: NOTICE OF VIOIATIOB
NC General Statute 143-215.1(a)(1)
Making an Outlet to Waters of the State
by Allowing a Discharge from an Animal
Waste Management System
C. Vernon Floyd and Son, Inc. Hog Farm,
CAFO, Near St. Paulo
Robeson County
Dear Mr. Floyd:
An inspection conducted on the afternoon of Friday, October 21, 1994, by
a staff member of this office revealed that wastewater from your swine
facility had indirectly entered surface waters of the State. It was the
inspector's opinion that wastewater had been applied at a greater than
agronomic rate onto an adjacent field or section of field in such a manner
that wastewater entered a ditch through the field's underdrain system, which
eventually enters Ten Mile Swamp of the Lumber River Basin. This determination
was based on the fact that no overland flow was found. It was observed that
wastewater was entering the ditch approximately 20 yards up -gradient from
where the irrigation pipe crossed the flowing ditch to said field. In
addition, it should be noted that no cover crop had been planted at the time
of this inspection. Such a discharge is in violation of North Carolina General
Statutes governing wastewater disposal. By allowing this discharge to take
place, you have effectively made an outlet into waters of the State without
the appropriate permit, a violation of NC General Statute 143-215.1(a)(1).
This violation subjects you as the owner to the enforcement authority of the
Environmental Management Commission and possible assessment of additional
civil penalties, possibly up to $10,000 per day of violation.
Wachovia BLAding. SLite 714, FayetteWe, North CaroUna 28301-5043 Telephone [phone] FAX [phone]
An Equal opportu,lty Affirmative Actlon Employer 50%recycled/ 10% post-conwmw paper

Mr. James L. Floyd
Page 2
November 18, 1994
The purpose of this letter is to advise you (1) to take immediate action
to eliminate this discharge; and (2) that another report is being prepared and
forwarded to our Enforcement and Compliance Group. This report will detail the
most recent discharge and very likely result in assessment of a possible civil
penalty. Recent guidance on these matters leaves us no alternative but make
such a recommendation. You will be advised in the near future of the decision
in this case. Also, you will soon be receiving correspondence requiring you to
submit an _approved and certified_ waste management elan, uroviding specific
details concerning waste disR2eal. Failure to do so could subject you to still
further enforcement action. -- --!
Should you need additional information or clarification concerning this
matter, or if this office can' be of assistance, please contact either Mr.
Michael Wicker, Regional Water Quality Supervisor, or Mr. Ricky Revels at
[phone].--
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTS/Mw/RR/rr
Attachment - Inspection Form
cc: Regional Water Quality Supervisor
Edward Holland -Robeson County Soil and Water Conservation
Everett Davis -Robeson County Agriculture Extension Service
Hugh Cole -Robeson County Health Department
Steve Bennett -NC Division of Soil and Water Conservation
Planning Branch-DEM
operations Branch-DEM

1. Date of Inspection: October 21, 1994
2. Regional Office: Fayetteville
3. Name of Lamer of Property: C. Vernon Floyd Jr. and Son. Inc.
4. Name of Operator: fir. times L. Yloyd
S. Address: Route 1. ,Boa 124
$t. Paulo. North Carolina 28384
6. Phone Number: _19101 865-5613
7. Description of Facility Location: Travel US. Hwy 301 (South) from
St. Paulo, go apnrox. 2 m1les, turn left onto NCSR 1936,_go approx.
mile,, turn left onto NCSR 1937. go legs than.a mile, take right
onto NCSR-1233. facilitys located on left.
S. Date this facility began operation: 1975
9. Date of last expansion: hipproximately 7-10 veaps ago.
10. Has the facility registered with D$M7 Yea X_ No
If yes, date registered 1212 1 93
11. Does the facility have an approved Animal Waste Management Plan?
]go, not at this time.
Is one required2 It is this office'office's intention to recruige one
within a limited time frame upon notification by the Director.
12. Has this facility received a CAFo Designation? Yes
Date issued: August 20 1993
13. Type of Operation: Topping o ra on• However, farrowing oRpration
takes glace elsewhere.
14. Number and type of Animals: 6500 swine capacity.
15. Length of time animals have been, are, or will be stabled, or
confined and fed or maintained in any 12 month period. 22 Mqntba
16. Are crops, pasture, or post -harvest residues sustained in the
normal growing season over any portion of the lot or facility?
xes .
17. Type of waste management: The animals kept at this, facility are
ponfined in houses with slotted floors over flushing pits. -Waste is
flushed from the floor nits into a single -cell lagoon, where it is
continuously rec d.

18. Description of other animal operations in immediate vicinity and
proximity to same or other surface waters: Nlh
19. Proximity of facility to neighboring houses, wells, etc.: None
within 1,500, comvanv_ owneddwelling(mobile home) is located
PRroximately 300 feet from the closest -confinement house:
20. Approximate depth to groundwater table in the area of the facility
or discharges 6 feet (estLMated)
21. Proximity of facility to surface water (provide name and class of
surface waters): This fagility is logated immediately adjacent
to a ditch which drains approximately 1500,feet into Ten Mile
Swamp,class `C" w&&eXs n the Lumber River Basin,
22. Animal waste discharge (including photos and witnesses names,
addresses, telephone numbers and statements of fact).
Photo's taken on the afternoon of Friday. October 21. 1994 did not
develop. additional photo's_are_attached that were taken on
Thursday. October 27, 1994,
23. Are pollutants discharged into the waters of the State? If no,
howl (directly or by man-made ditch, flushing systems, or other
similar man-made device): In this case, pollutants that were land
applied leached through _field soils (indirectly) to field's
isnder Zaip Istormdraigjfrenchl system, which eventually entered a
man-made ditch, along with the addition of rain water from a less
than 25- ear 24- our storm event.
24. Do or have discharges occurred in response to a storm event less
severe than the 25-year, 24-hour storm? (If yes, include a brief
listing of incidents and suspected Causes.)
The di char e w s indirectly caused by the -inch storm even
that occurred the week of October 21- 1994._ It is believed that the
rain event should have some bearing,_ since_ the waste was applied to
a saturated field by a direct pipe method without the use of_a
Xeelgun in order to prevent overtopping the lagoon. The maker by
which this waste was land applied led to a discharge from the
underdrain vstem.
25. what is 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? No damages have been documented as a result of
this yiolation, although ,the stream standard for Dissolved Oxygen
was below the minimum instantaneous_ value on the day of the
investigation.
25. What is the duration and gravity of the violation? based on
follow-up spat check inspections conducted on Monday, Tuesday, and
Thursday October 24 5, & 27 observations indicate that the
dischagge had occurred for 1--2 days. The potential for serious
short :term water all ac s did

27. water Quality Assessment: (Include description of sampling, field
measurements, visual observations and slope and vegetative cover of
land adjacent to water, extent of rainfall and other factors
relative to the likelihood or frequency of discharge of animal
wastes and process wastewaters.) The effect on ground or surface
water quantity or quality or on air quality:
urf ce water cruali&y showed a V-0. reading of lges than lmgzln
&he afternoon_ of Friday, October21. 1994, A follow-up inspection
conducted on Monday, October 24, 1994 for the purpose of collecting
samolee -revealed- that Ten Mile Swamp had cleared-up,_therefore no
samples were collected. No effects on around water, or air guality
were determined as s result oF�this event,
28. what is the cost of rectifying the damage? None
29. what is the amount of money saved by noncompliance? None
30. Was the violation committed willfully or intentionally?
Yes No _X Explain: Due to to lack of freeboard in the
lagoon the _fa Jjity chose_ to land apply the waste to a satuated
field rather than risk overtopping the lagoon during the rain
event. Zhe.Facility Manager was out of town and the owner was
recovering from surgery which led to A lack of _suESrvisiongJ &bg
ppnligation procedures. Since the_reelaun was not used the waste
was piped directly to the field. The manner in which the wastewater
}sae a=lied resulted in ponding that led to a discharge through the
frenchdrain system located 1-4 feet below the surface of the field.
31. What is the prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority:
C. Vernon Floyd and son, Inc. hog farm was designated a
goncentrated animal feeding operation on liugust_10, 1993. The
designation was a result of a complaint investigation conducted on
Ma 18, 1993. The designation investigation revealed that the
pinale-cell lagoon hadybequn to allow wastewater to seen through
the base of it's dike wall. This seepage problem was gaickly
resolved by the coM2rration. in instituting a major dam repair
project, to the amount of approximately 58,,000 dollars. The
corporation was very cooperative. and helpful with DEM personnel in
the investigation of this designation 1processs. During the
designation no enforcement action was taken by the Fayetteville
Regional Office as a result of encounter'n such mitigating
circumstansgs.

32. What is the cost to the State for the enforcement procedures?
Coats to the State are as follows:
Investiaator
tatelRour No.
Hours _
_ C28t
Ricky Revels
$16.34
12
$196.08
Su2grvisory_Review
Michael clicker
$24.48
1
$24.28
Kerr T. Stevens
$31.36
1
$31.36
TraneR2rtation
State Vehicle 150
miles @ .20/mile
$30.00
Laboratory fees
N/A
N/A
&ttorney Genera -le
-Office Revie
6100.00
TOTAL COST $381-72
33. Type or general nature of business: Thq flDydand SonInc. Ho
farm is a privately owned swine arm.
34. What is the violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance?
Although C. Vernon Flgvd and Son hoc farm has been found in
violation resulting in being designated a CAFQ, it has always been
extremely cooperative in correcting every situation. Since the
discovery of the most regent discharge, Mr. Floyd has been
contact with the local agriculture agent tQ formulate -an
apnrovable waste management Rla . along with educating all company
employees about yro2ag yAstg m na em nt ecruipMent. As a result of
the follow-up inspect ions, the most recent discharge was eliminated
soon after discovery.
35. Are there any Mitigating Circumstances: as ereviously stated
Floyd has already commenced efforts toward obtaining an a=roved
ante rnanagement Plan. Q%her than this, th2re are no kn2kM
mitigating circumstances,
36. Assessment Factors:
a. IWC: Ka
b. Receiving Stream: Ten mile .Swamp. Class_"C_waters. Lumber River
Basin
c. Damages YIN If yes, include report from WRCs No damage report
was_noted in that no dead fish observed as a result of the D.O.
reading of.7_ma[l whiQh is estimated to have lasted approximately_
1-2 days,
37. A copy of the April 30, 1993 Designation letter is attached.
(See attached)

38. Recommendations made to owner/operator: RLIcontinue discharge if
possible, -do not resume future land application _practices without
ygoing the reelggn, determine location o€_french drains, obtain an
avDroved_waste management Plan through the Prager agencies with
aged Provisions for said french drains 021 previous discovered.
39. Recommendations for further DEM Action: The facility will be
rtzinsp-ected; DDeratign shouldbe reou red to _obtain a certified
waste management plan. Enforcement action is possibly warranted.
enfor ement acka e LB being.resented to the DEM DIrActor for
his reyew_and conaideXation.
40. Other comments: It is the opinion of the inspector by virtue of
this inspect ion_that C. Vernon Floyd Jr. and Son, Inc, did not know
that the wastewater had entered the fields underdrain system, as
Was stated by Hiss Louise Inman, -Office Manager,_C. VerZog Ejoyd
Jr. and Son, Incorporated.

•
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 21, 1997
MS DEAN COLEY
CHIEF HEARINGS CLERK
OFFICE OF ADMINISTRATIVE HEARINGS
POST OFFICE DRAWER 27A,47
RALEIGH NC 27611-7447
FJAN 2 A !1991-_.-_
ECG
RE: Civil Penalty Assessments Against Various Assessed Entities
JAN 3 1 1997
REG. O-Fi-ECE
Dear Ms. Coley:
Would you please search your records and determine if any of the individuals and/or
entities listed below have filed a Petition for a Contested Case Hearing on or before the applicable
specified date?
Facility Name Countv Our Case # Date
C Vernon Floyd & Sons, Inc. Robeson CD 95-005 August 6, 1995
If no petitions were filed by the specified date, please ask Judge Mann to execute the
attached certification and return them to my attention at the address below:
Robert L. Sledge
Water Quality Section Compliance Group
Division of Water Quality
P O Bo;.2:'S3S
Raleigh, NC 27626-0535
Thank you for your cooperation in this matter. If you have any questions, please feel free
to contact me at 733-5083, extension 233.
Sincerely
obert L. Sledge, Supervisor
Compliance Group
attachments
cc: Enforcement File
&Regional- Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF ROBESON ADMINISTRATIVE HEARINGS
CERTIFICATION
The undersigned hereby certi ies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases filed pursuant to G.S. 150B-23(a), that he has made a diligent
search of the records of this Office and has found that through August 6, 1995, no open petition
exists that was filed by C. Vernon Floyd & Sons, Inc. sufficient to commence a contested case
concerning the matter of making an outlet into the waters of the State in violation of G. S. 143-
215.1(a) (1).
This the day of
, 1997.
Julian Mann, III
Chief Administrative Law Judge
Director

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 9, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: NOTICE OF DEFICIENCY
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward:
On August 6, 1999, staff from the Fayettteville Regional Office of the
Division of Water Quality conducted an inspection of Ward Farms, Inc., in
Robeson County. The inspection revealed that the trees on the lagoon banks
need to be removed in conjunction with a technical specialist to MRCS
standards. The inspection also revealed that a current waste sample had not
been taken and that an adequate, readable marker needs to be installed in
order to determine the freeboard level in the lagoon.
In regard to the deficiency(s) noted during the inspection, the
following actions are requested:
1. Take waste samples in accordance with the laws of this State.
2. Consult with a technical specialist about the removal of the trees from
the lagoon banks. Tree removal must be done per the NRCS standards and
with guidance from a technical specialist. The brush needs to be cut back also
to allow for inspection for burrowing animals which could threaten the
integrity of the structure. You should be receiving your permit for this farm
soon and a condition of the permit is removal of trees from the lagoon banks.
Condition II. Operation and Maintenance Requirements, number 10., states:
"A protective vegetative cover shall be established and maintained on all
lagoon/storage pond embankments (outside toe of embankment to maximum
pumping elevation), berms, pipe runs, and surface water diversions. Trees,
shrubs, and other woody vegetation shall not be allowed to grow on the
lagoon/waste storage pond embankments. All trees shall be removed in
accordance with good engineering practices- Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed." I am enclosing
a copy of this portion of the Permit for you.
3. Consult with a technical specialist on the installation of an adequate
readable marker for the lagoon including stop pump elevation.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONED 10-486-1 S41 FA% 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEOl10% POST -CONSUMER PAPER

Mr. Ward
9-9-99
Page 2
Please provide a written response to this office by September 30, 1999 , as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have resulted or may
result from this deficiency.
If you have any questions concerning this matter please contact me at [phone].
Y0SiMnreC. Hasty, Jr.
Environmental Specialist
cc: Sonya Avant -Compliance Group
Audrey Oxendine-DS WC Fayetteville Office
Ed Holland -Robeson Co. NRCS
Jimmy Vinson -Brown's of Carolina
Central Files -Raleigh

r h © Division of Soil and Water�Cosservahon= Operation Review
t s_kx.
IF
�' *,� 0 ivision of Sori and: Water Conset•vation� _Compizanre Lrspection��,
...
yk: Drvson of Waterr < = omplrancerrspecticin3'�"' �% °�„
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V�IICrn agecy VpCTaLiOn-1[CVi�Wm - �-F _.F z•.,„ ', a t'b��,- i.,S�'. W+ .�'T7
_, ...ice- r,.:-�. r.�si_•_iaex.- ,__� _.- n 3 ..- Sz+u-. ......-.. M A...-., 3�_'.'. ..,.-'3��_.: i. __J..
v M: :i:a.c Q Complaint O Follow-up of DWQ inspection Q Follow-u of DSWC review Q Other
Facility Number Date of Inspection t �- 6 - M
Time of Inspection d ?.4 hr. (hh:mm)
© Permitted OCertified © Conditionally Certified © Registered 10 Not Operational] Date Last Operated
Farm Name: aC ...... G County: ........ Q s�.:`'.............. ........ ._----------- --- .._....__...
Owner Name-D-•• --- �.--. Phone No.
... ................V).a�:�......._._----...__............._.. • ........ Mn5P3 ............................ _... ..........
Facility Contact: .........0 .w. . e.. .........................--............ Title• .... Pk ne No: �----
. _ .._._.... ..._r._.... _...................... .....................
Mailing Address: D T ^.1!�.! S. r !L......................... +►'! G�� cr>, J� C 2
_ .......................Ls. ems. �_....� ..... ,...�. , ..........................---......---.......
Onsite Representative: .... Integrator: ............................
Certified Operator:....-..5-°.�;!- ............................ Ar ........._._-... Operator Certification Number:................................ ...._..
Location of Farm: -
Latitude r_--�0 4 •s Longitude 0 6 66
Discharges & Stream Imaacts
1. Is any discharge observed from any part of the operation? ❑ Yes KNo
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes 8fN0
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Y,e�sl 1!(No
c. if discharge is observed, what is the estimated flow in gal/min? Iv
d. Dogs discharge bypass a lagoon system'? (If yes, notify DWQ)
L: JKNo
2. Is there evidence of past discharge from any part of the operation?;.. Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes Ej No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes fdNo
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: 11
n
Freeboard (inches): .....M..-I-V _.................. ..............-
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, Yes ❑ No
seepage, etc.) XL
3/23/99 Continued on back

Facility Number: — Z Date of Inspection
5. Are there structures on -site which are not properly addressed and/or m.aged through a waste management or
closure plan?
(If any of questions 4-5 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 maintenarice/improvement?
111,r-m
❑ Yes 9110
VYes ❑ No
Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid Ievel
elevation markings?
Ayes
❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
9No
]]. is there evidence of over application? []Excessive Ponding ❑ PAN
ElYes
kNo
12. Crop type rZ k'O
13. Do the receiving crops differ ith those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
0 No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
ONo
b) Does the facility need a wettable acre determination?
❑ Yes
K No
c) This facility is pended for a wettable acre determination?
IX Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
El No
16. Is there a lack of adequate waste application equipment?
❑ Yes
gq No
Reouired Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
E�No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ic/ WUP, checklists, design, maps, etc.)
❑ Yes
allo
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
X-Yes
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
% No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
V�No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
❑ Yes
Oc No
(ie/ discharge, freeboard problems, over application)
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
es
P No
24.
Does facility require a follow-up visit by same agency?
ELYes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
P(No
0; iQ'yiolatiQr�s;off dgfcie;nci wgre �orpO Obeid Otis;visit: Yo}r ►vi�1 tecgiye rio; fu�hgi. ;
Torres oridence. about: this visit: ; :: -
Cominents {refer to que3lionf#) plain any YES answers and or ally recommendations or any other comments r#�
Use;drawings of facility__to"better explain sttuadoas_F�(tese additional pages'as necessary)
Tees or. lapaor, h zr ks lkus-�•- bef`c wtoue, — -tr tt e elr►y i+ o.wA fer
C5 S K d 4r S 1 /1 S costa e S 4-o+►t '1�'A E S'�a�` Cp x 5 ery, C,, ; ►, v,e
"Z. -r� rya rs tka� � �` i-cz't;trA—�or - rc4"er S T•,Q �o jl�T �;
� I s.
hCLi0 over (awed ;K resew'}- asf.
Tees cn fAe l aq w , ht4s ,4eed rc w"00-1 a S .rD�fd i n a�j prP ,us
/l15�I
r°C7-io>tS ct wj reuic"
Reviewer/Inspector Name , s
�. � g''��. rR.rz 1_rS
Reviewer/Inspector Signature: �� Date:
// ., 3/2'

Facility Number: =-7— Date of inspection: - Q
'Additional Comments and/or Drawings
# 9- �/1L Cd2 6
L.La E rej hle. a', ej marker Nees 7� be
aliotj �r l P r°P� r- -�ree� � den
-4erwlta7iurns•
�
�7 C • ,�o�.�•� es c o cnro.v�- w i t-k e a-1
5rvi Ce 1 5 tooki Or- a WC C rm'2j �ernjingjioL,
u'r
iT'� r • W a rJ ' t tS -12w� rc .
L' K r-e e,+ W a S 4e Ot-e zL f 7 S 5 w�c 5 461
a
4/3U/97

_ S. Existing swine dry Iots may remain in wetlands as long as the wetlands uses are not
removed or degraded as a result of the swine. The swine however may not be confined
within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must
not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist,
the area must be managed to include crop rotation.
H. ` OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the CAWIAP. No waste may be applied upon fields not included in the
CANMIMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop "
production.
4. Land application rates shall be in accordance with the CAWW. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result
in runoff during any given application.
5. Application of animal waste' onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. .Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
5. If manure or sludges are applied on conventionally tilled bare soil, the waste- shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no-tillfields, pasture, or fields where crops are actively
- growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
dischareed into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
S. Disposal of dead animals shall be. done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division%
regulations:
2

9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. - All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
IL At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dikes and liners.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have one of the following items at all times (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition 11(4).
III. MONITORING AND REPORTING REOL7IRE'11EN.7S
1. An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to insure proper operation but at least
monthly and after storm events. For example, lagoons, storage ponds, and other
structures should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Any major structural repairs (to lagoons or waste storage ponds) must have
written documentation from a technical specialist certifying proper design and
installation. However, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications, no technical specialist approval is necessary
[i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
3

USDA
Vni'— Stales
i , `�a':� at December 31,1996
Iftamw NORTH CAROLINA BULLETIN NO. 210-7-4
Rescurm
SUBJECT: ENG - Reworking Waste Treatment LagoonlWaste Storage Pond
serer Embankments with Trees Growing on Them
A405 BUM R& Purpose. To provide guidance on reworking waste treatment lagooniwaste storage
Suds=5 pond embankments with trees growing on them.
ilaleigl% NC 2760
Expiration: September 30, 1997.
There have been many questions on what course of action should be taken prior to
certifying an existing waste management system that includes a lagoon or storage pond
that has trees growing on embankments yet meets all other requirements for .MM
certification.
All trees, regardless of size, should be cut from the embankment and the stumps & :d-
roots removed. Grubbing may be necessary to remove the roots and/or stumps. All
vegetation and oT, anic matter, if present, should be removed and the surface smoothed.
It may be necessary to place compacted earth fill in stump holes or when the back slope
is steeper than desired. The clearing should extend 15 - 20 feet beyond the embankment
toe.
All debris from the clearing operation shall be disposed of away from the embankatsttt
Prior to starting the tree removal operation the liquid level in the lagoon should be
lowered at least to the design treatment level. The lagoon level should be maintained at
or near this level throughout the process of tree removal. For older lagoons this would
be a good opportunity to pump completely out and remove sludge accumulations.
The top and slopes of the finished embar&ment should be smoothed and vegetated in
accordance with FOTC 342 CRITICAL AREA TREATILVIELi Ti.
If the structure meets the NC Dam Safety Criteria, it will be necessary for the owner to
bbtain a permit to repair from the DEHNR, Land Quality Section before starting work.
Sae Conse o tion gineer
Distribution: 0

.J
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 4, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Floyd, Owner
C. Vernon Floyd and Son, Inc.
Route 1, Box 124
St. Pauls, NC 18384
Subject: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATION NOV 95-15
As Per 15A NCAC 211.0217(a)(1)
C. Vernon Floyd and Son, inc.
'Robeson C_-oun_ty-- ,,
Dear Mr. Floyd:
LT.XMAI
A'
±91�'
EDOEHNF1"
OCERTb
MAY S 1995
ENV. MANAGEMENT
FAYETTEVILLE AEG. OFFICEi
Animal Operations in the State have been deemed permitted by the Division of
Environmental Management in accordance with Title 15A of the North Carolina Administrative
Code, 211, Rule .0217. An individual non discharge permit is not required if certain criteria are
met. A major requirement to be deemed pemutted is that there must not be a discharge of My
wastewater from the operation to the waters of the State.
On October 24, 1994, Mr. Ricky Revels of the Fayetteville Regional Office conducted a
compliance inspection at the subject facility. During the inspection, it was observed that wastwater
from your lagoon was being applied to spray fields in such a manner as to cause the wastewater to
reach the fields' underdrain system, enter a man made ditch and flow into Ten Mile Swamp (Class
C waters of the State in the Lumber River basin).
This letter serves as a Notice of Violation and notification that your animal operation has
been found discharging wastewater to the surface waters of the State and is therefore no longer
deemed permitted as a nondischarge facility under 15A NCAC 211.0217. Therefore the existing
wastewater treatment system serving your animal operation is currently being operated without a
permit as required by North Carolina General Statute 143-215.1.
If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule,
you must: 1)immediately eliminate the discharge of wastewater, 2)make any modifications needed
to ensure there will be no future discharges and 3)send in an approved animal waste management
plan by completing the attached certification form. This form and a copy of your plan must be
returned to:
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Division of Environmental Management
Water Quality Section Planning Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land in an environmentally acceptable manner. To
assist you in the development of this plan and to provide the required certification that the plan is
acceptable, you should contact your local agricultural agencies such as the Soil and Water
Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina
Cooperative Extension Service.
If we have not received the requested certification within 60 days of receipt of this letter or
if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be
assessed and you may be required to apply for an individual non discharge permit from the
Division. This permit, if issued, will contain monitoring and reporting requirements determined to
be necessary by the Division.
If you have any questions concerning this matter please do not hesitate to contact either
Michael Wicker, Water Quality Regional Supervisor for our Fayetteville Regional Office at (910)
486-1541 or Robert Farmer of our Central Office staff at [phone], ext. 531.
Sincerely,
i
A. Preston Howard, Jr., P.E.
ATTACHMENT
cc: LRegional Watez Quality Supervisory.
Ed Holland - Robeson County Soil and Water Conservation District
Hugh Campbell - Robeson County Health Department
Steve Bennett - NC Division of Soil and Water Conservation
Planning Branch
Operations Branch

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 2, 2010
John R. Ward
Ward Farms, Inc
307 Londonderry Drive
Lumberton, NC 28358
SUBJFCT
Dear Mr. Ward:
RECEIVED
fEL032M
ON-FAYU VLLEREGIONALOFPOf
Payment Schedule for Civil Penalty
Case DV-2007-0022
Farm # 78-0024
Robeson County
This letter is to acknowledge receipt of your Check Number 9438 in the amount of
$329.04 on February 1, 2010. The balance of the penalty is S 1316.17.
Dee Freeman
Secretary
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,
J. R. Joshi
Animal Feeding Operations Unit
cc: Aquifer Protection Section -Fayetteville Regional Office
File # DV-2007-0022
APS Central Files (AWS780022)
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh. Nonh Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1-877-623-6745
Internet: www rimatefguality ery
NorthCarolina
Naturally
An rnnal nnnnmmity 'i ASrmalivP 4ciinn rmnlnva,

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Cole -an K Sullins Dee = reeman
Governor Director Secretary
December 18, 2009
John R. Ward
Ward Farms, Inc
307 Londonderry Drive
Lumberton, NC 28358
SUBJECT
Dear Mr. Ward:
Payment Schedule for Civil Penalty
Case DV-2007-0022
Farm # 78-0024
Robeson County
This letter is to acknowledge receipt of your Check Number 9337 in the amount of
$329.04 on December 17, 2009. The balance of the penalty is S 1645.21.
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,
J. R. Joshi
Animal Feeding Operations Unit
cc: Aquifer Protection Section -Fayetteville Regional Office
File # DV-2007-0022
APS Central Files (AWS780022)
AQUI=ER PRO T ECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
_o,:ataor: 2728 Canraf Roulevart, Raleich. Norte. CarofEna 27604
Phone: [phone] FAX 1: 919-715-0588 FAX [phone] Customer Service: 1-F77-623-6748
rntemet: www.ncwatemualibr.org
Onc
North Carolina
Nalf-mall
an manna' Cir."r,Einhv t Afr mx,­ .;rvnr =mnnva

RECEIVED
DEQIDWR
Water Resources
Environmental Quality
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
Dear Mr. Ward:
JUL 2 4 2017
WQROS
FAYETfEVILLE REGIONAL OFFICE
July 20, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Remission Request
Farm # 78-0024
Robeson County
File No. DV-2017-0025
Permit No. AWS780024
This letter is to acknowledge receipt of your request, on July 18, 2017, for remission of the civil
penalty levied against the subject facility. The Director of the Division of Water Resources will
review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
t. 4*/�a
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Fayetteville WQROS Regional Supervisor
File # DV-2017-0025
WQROS Central Files (AWS780024)
-` �TVesti3irsg C'r�rr;7ares:=--_.,
State of North Carolina I Environmental Quality I Division of Wafer Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Water Resources
Environmental Quality
October 11, 2017
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIIVIMERMAN
Director
RE: Acknowledgment of Receipt of Payment
Case No.: DV-2017-0025
Farm No.: 78-0024
Robeson County
Dear Mr. Ward:
This letter is to acknowledge receipt of your check No. 4362 in the amount of $847.30 on
October 11, 2017. This payment satisfies in full the civil assessment in the amount of $847.30
levied against John Ward and the case has been closed. If you have any questions, please call me
at [phone].
Sincerely,
l
�G
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WQROS- Fayetteville Regional Office
File # DV-2017-0025
WQROS Central Files (AWS780024)
Staie of North Carolina I Enviromnental Quality j Division of Water Resources
Water Quality Regional operations 5ectioa
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

S B. HUNT JR.
gxoR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 9, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: NOTICE OF DEFICIENCY
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward:
On August 6, 1999, staff from the Fayettteville Regional Office of the
Division of Water Quality conducted an inspection of Ward Farms, Inc., in
Robeson County. The inspection revealed that the trees on the lagoon banks
need to be removed in conjunction with a technical specialist to MRCS
standards. The inspection also revealed that a current waste sample had not
been taken and that an adequate, readable marker needs to be installed in
order to determine the freeboard level in the lagoon.
In regard to the deficiency(s) noted during the inspection, the
following actions are requested:
Take waste samples in accordance with the laws of this State.
2. Consult with a technical specialist about the removal of the trees from
the lagoon banks. Tree removal must be done per the NRCS standards and
with guidance from a technical specialist. The brush needs to be cut back also
to allow for inspection for burrowing animals which could threaten the
integrity of the structure. You should be receiving your permit for this farm
soon and a condition of the permit is removal of trees from the lagoon banks.
Condition II. Operation and Maintenance Requirements, number 10-, states:
"A protective vegetative cover shall be established and maintained on all
lagoon/storage pond embankments (outside toe of embankment to maximum
pumping elevation), berms, pipe runs, and surface water diversions. Trees,
shrubs, and other woody vegetation shall not be allowed to grow on the
lagoon/waste storage pond embankments. All trees shall be removed in
accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed." I am enclosing
a copy of this portion of the Permit for you.
3. Consult with a technical specialist on the installation of an adequate
readable marker for the lagoon including stop pump elevation.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAIZOLINA 28301-SO43
PHONE 910-4a6-1541 FA% 91 O-4s6-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/1 O% POST -CONSUMER PAPER

Mr_ Ward
9-9-99
Page 2
Please provide a written response to this office by September 30 1999 , as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have resulted or may
result from this deficiency.
If you have any questions concerning this matter please contact me at [phone].
re ,
ohn SiC. Hasty, Jr.
Environmental Specialist
cc: Sonya Avant -Compliance Group
Audrey Oxendine-DSWC Fayetteville Office
Ed Holland -Robeson Co. NRCS
Jimmy Vinson -Brown's of Carolina
Central Files -Raleigh

j \
'... © Division of Soil an,.d Wat9 Conservation` Operation Review
vision of Soil and .Water Conservatty CompGanceInspectaon
Diviisioa of Water Quality Comphance pection ;
Other Agency Operatson Review4 �-��. -
�:_ _w ._ , h
Routine 0 Com Taint 0 Follow -up -of DWQ inspection 0 Follow-u of DSWC review 0 Other
Facility Number Date of Inspection
Time of Inspection �.' 24 hr. (hh:mm)
[] Permitted Wertified 0 Conditionally Certified 0 Registered 113 Not Operational Date Last Operated:
..........................
Farm Name: --....lea f IfY1. s... C' County: es�`}�i .............................
j_ ��-......11.........................................• ----...----------
Q..................................
OwnerName: .......�D.Y1--!..- ........................Y".------ .................. ................. Phone No: .........7.� y�a$-------...-.......---.......................
Facility Contact: O w ►� e {� ...... ......... Title: ................... ...
I'h ne i�'o: -.
` ' j? L b
Mailing Address: . ..... �. ...........( .Er!.3.�. .r....(1La.-,.............. t.t i*'t .� (�k C ..........-.........�..../
Onsite Representative: .... �.�'1er....................................._.. Integrator:....../9"/^...j....................................-...........
..........
Certified Operator: Q.....!..............................W..Qx ................................... Operator Certification Number:... I• 71�..................
Location of Farm:
Latitude • �° Longitude • �°
Design Current Design" Current Design Current
Swine _ — ._.
Capacity Population Poultry Ca" acity Population Cat Capacity Population
Wean to Feeder ❑ Layer ❑Dairy
Feeder to Finish ❑ Non -Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other I_ -
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total 'SSL W
�Nuttuber of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area
Holdmg;Pai?ds / Sulid Traps ❑ No Liquid Waste Management System''"
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made"
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
Spray Field Ar�
c. If discharge is observed, what is the estimated flow in gal/min?
d- Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?,
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I
Identifier:
ti n
Freeboard (inches): ............. V /.
❑ Yes (KNo
❑ Yes
6No
❑ Ye�s/
6N0
/V ffT
P(No
14Yes
❑ No
❑ Yes
®No
❑ Yes No
Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
3/23/99
Ayes ❑ No
Continued on back

Facility Number: — z 1)atk of inspection
6. Are there structures on -site which are not properly addressed and/or maged through a waste management or
closure plan? ❑ Yes No
(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? V4Yes ❑ No
8. Does any pan of the waste management system other than waste structures require maintenance/improvement? Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? Ayes ❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes 'qNo
11. Is there evidence of overapplication? ❑ Excessive Ponding ❑ PAN El Yes K No
12. Crop type CO1._'r W ke,
13. Do the receiving crops differ4ith 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 "aw
17. Fail to have Certificate of Coverage & General 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?
Oel 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?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
0: �'Vci yiofafions:or aaide.nues •were hbfed• during this -visit- • Yoti will•reeeiye tto €urther
....................
:.:.:.: .. - .
es'as
❑ Yes �LNo
❑ Yes �No
❑ Yes No
[ Yes ❑ No
❑ Yes [K No
❑ Yes +4 No
❑ Yes �No
❑ Yes 0No
'KYes
❑ Yes [� No
❑ Yes +�No
❑ Yes Oe No
4k7cs No
Yes ❑ No
❑ Yes n9540
XW
rP_BS 4n-.
f4j.aan- baw ks rk us-r be rc wt r-7U per , r_ er+i I�- CA--w� LOr
lU RCS S_4 a d(zl_s, ; 5 C©yes �ro-, `'he � � t C&xservf-�-�c� �',.5 HQe
1I7`� a } ,� r�' St-c� trti-©r•- rc`t Pr s t�� c ,1
�ad D�1Er�(ouJeQ iti !`�cew`� Q-Sf. f f!
r ,y, � r��Ddal GAS �a��lr'l Q.If �P✓rluS
lajoor, banks I1eed
%n5ppc�tdKs Ct Utrt-)5
Reviewer/Inspector Name
ReviewerMspector Signature:
Date: >
+.. 3/23/99

racilitp Number: _. Date of inspection: - Q

6. Existing swine dry lots may remain in wetlands as long as the wetlands uses are not
removed or degraded as a result of the swine. The swine however may not be confined
within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must
not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist,
the area must be managed to include crop rotation.
II. ` OPERATION AND 11iAINTENANCE REOUIREMEI'TS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2. A vegetative cower shall be maintained on all land application" fields and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. in no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result
in runoff during any given application.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. .Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste- shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be. done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
re pul ati ons.
K

9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. - All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon, the sludge must be mani-ged ir, accordance
with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dikes and liners.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have one of the following items at all times (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition H (4).
III. NIONiTORING AND REPORTING REOUIRE1TENTS
1. An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to insure proper operation but at least
monthly and after storm events. For example, lagoons, storage ponds, and other
structures should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Any major structural repairs (to lagoons or waste storage ponds) must have
written documentation from a technical specialist certifying proper design and
installation. Hm ever, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications, no technical specialist approval is necessary
[i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
K

USDA
Unif-4 states
i . `�Mnt of
December 31,1956
NORTH CAROLINA BULLETIN NO. 210-7-4
Natural
consetvatitm
SUBJECT: ENG - Reworking Waste Treatment Lagoon/Waste Storage Pond
service
Embankments with Trees Growing on Them
A405 81VW R&
Puroose. To provide guidance on reworking waste treatment lagoon/waste storage
5i"t°=5
pond embankments with trees growing on them.
Raleigh, NC VM9
Expiration: September 30, 1997.
There have been many questions on what course of action should be taken prior to
certifying an existing waste management system that includes a lagoon or storage pond
that has trees growing on embankments yet meets all other requirements for .0200
certification.
All trees, regardless of size, should be cut from the embankment and the stumps a::.d
roots removed. Grubbing may be necessary to remove the roots and/or stumps. All
vegetation and org
may be necessary anic
matter, if present, should be removed and the surface smoothed.
It ry to place compacted earth fill in stump holes or when the back slope
is steeper than desired. The clearing should extend 15 - 20 feet beyond the embankment
toe.
All debris from the clearing operation shall be disposed of away from the embankment
Prior to starting the tree removal operation the liquid level in the lagoon should be
lowered at least to the design treatment level. The lagoon level should be maintained at
or near this level throughout the process of tree removal. For older lagoons this would
be a good opportunity to pump completely out and remove sludge accumulations.
The top and slopes of the finished embankment should be smoothed and vegetated in
accordance with FOTG 34Z CRITICAL AREA TR.EATINlEN3'.
If the structure meets the NC Dana Safety Criteria, it will be necessary for the owner to
obtain ;k permit to repair from the DEHNR, Land Quality Section before starting work
r.. Harry J. Gi o
-4 State Conse lion ngineer
Distribution: 0

A�+�
���"..��
NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
April 7, 2009
CERTIFIED MAIL # 7002 2410 0003 0273 8629
RETURN RECEIPT REQUESTED
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 78-0024
Robeson County
File No. DV-2007-0022
Permit No. AWS780024
Dear Mr. Ward:
Natural Resources
Dee Freeman
Secretary
I 4PR 09 an
�-Figl�tt�
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 $3,948.49.
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), reference the case number on the check, and send
it 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
1636 Mail Service Center, Ralegh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Ralegh, North Carolina 27604 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality,org �atui a11�
An Equal Opportunity 4 Affirmative Action Employer

Page 2
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the Division of Water Quality's recommendation to
deny the request will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or vour representative would like to sneak 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].
Sincerely,
�Coleen H. S011ins
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Ricky Revels, FRO w/ attachments
File # DV-2007-0022 w/ attachments
APS Central Files w/ attachments

A1,10-0,V.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 7, 2009
CERTIFIED MAIL # 7009 0820 0001 0529 6052
RETURN RECEIPT_ REQUESTED
John R. Ward
Ward farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
SUBJECT:
Dear Mr. Ward:
RECEIVED
W-Y 11=
OVER-FAYE rVLLE REGIONALOFRCE
Payment Schedule for Civil Penalty
File No. DV-2007-0022
Farm ## 78-0024
Robeson County
You have requested a schedule for making partial payments toward the $3948.49 civil
penalty that was assessed by the Division of Water Quality (DWQ) on September 2, 2008. The
Division is agreeable to a Twelve (12) month payment schedule beginning on June 1, 2009 and
ending May 1, 2010. There will be Eleven (11) monthly payments of Three Hundred Twenty
Nine Dollars and Four Cents ($329.04) beginning on June 1, 2009, and one final payment of
Three Hundred Twenty Nine Dollars and Five Cents ($329.05) on May 1, 2010.
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.
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarojlna
Internet: www.nGwaterGuality.ory x����/�
An Equal Opportunity l Affirmative Action Employer Va ` `

If you have any questions, please call J. R. Joshi at [phone].
Sincerely,
Z r
Coleen H. Sullins
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Ricky Revels, FRO
File # DV-2007-0022
APS Central Files

A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
May 7, 2009 I RECEIVED
CERTIFIED MAIL # 7009 0820 0001 0529 6052 wx I $
RETURN RECEIPT REQUESTED
OENR-FAYEIMJ_1.EREGlO1VA1T DKE
John R. Ward
Ward farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
Dear Mr. Ward:
Dee Freeman
Secretary
SUBJECT- Payment Schedule for Civil Penalty
File No. DV-2007-0022
Farm 4 78-0024
Robeson County
You have requested a schedule for making partial payments toward the $3948.49 civil
penalty that was assessed by the Division of Water Quality (DWQ) on September 2, 2008. The
Division is agreeable to a Twelve (12) month payment schedule beginning on June 1, 2009 and
ending May 1, 2010. There will be Eleven (11) monthly payments of Three Hundred Twenty
Nine Dollars and Four Cents ($329.04) beginning on June 1, 2009, and.one final payment of
Three Hundred Twenty Nine Dollars and Five Cents ($329.05) on May 1, 2010.
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.
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
1636 Mail Service Center, Ralegh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: 919-715-OW8 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunely %Affirmative Action Empioyer
NorthCarolina
Naturally

If you have any questions, please call J. R. 7oshi at [phone].
Sincerely,
Coleen H. Sullins
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Ricky Revels, FRO
File # DV-2007-0022
APS Central Files

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
JOHN R. WARD
CASE # DV-2007-0022
FARM OR PERMIT # AWS780024
On September 2, 2008 the Division of Water Quality (DWQ) issued a civil penalty
assessment in the amount of $3,948.49, including $1,448.49 in investigative costs, against Mr.
John R. Ward for discharging animal waste into waters of state and failing to report such
discharge to the appropriate regional Office. In order to resolve this matter, DWQ and Mr. John
R. Ward have agreed to enter into a payment schedule.
Mr. John R. Ward agrees to pay the civil assessment of $3,948.49 according to the
schedule below as full settlement of Case No. DV-2007-0022.
Mr. John R. Ward understands that any default in payment or failure to submit p4 ent
by the day of the month in which payment is due will result in the immediate referral of this case
to the Attorney General's Office for collection through the courts. Mr. John R. Ward also
acknowledges that DWQ reserves the right to take enforcement action for future violations
within its authority should they occur.
PAYMENT AMOUNT
DATE DUE DATE PAID
$
329.04
6/1/2009
$
329.04
7/1/2009
$
329.04
8/1/2009
$
329.04
9/ 1 /2009
$
329.04
10/1/2009
$
329.04
11/1/2009
$
329.04
12/1/2009
$
329.04
1/1/2010
$
329.04
2/1/2010
$
329.04
3/l/2010
$
329.04
4/1/2010
$
329.05
5/1/2010
$ 3,948.49

Payments should be by check payable to "NCDENR" and should be mailed to:
J. R. Josh)
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
NAME
Coleen H. Sullins
Director, Division of Water Quality
Date
Date

0.
F wA rF
CEO 9O Michael F. Easley, Governor
0 G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John R. Ward
307 Londonderry Drive
Lumberton, NC 28358
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Ward Farms, Inc.
NPDES Permit No. NCA278024
Robeson County
Dear Mr. Ward:
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition Ill.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March l of each year for the previous year's activitie's on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Nonc Carolina
'atu,7r 1
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterqualitq,.ore Location: 2728 Capital Boulevard
An Equal Opportunity/Affrmalive 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 3, 2007
Page 2
Mr. Ward
r
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than S25,000 per day per violation. Information submittcd will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
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.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either .loan
Schneier at the Fayetteville Regional Office at [phone] or Miressa D. Garoma at (919)
715-693 7.
Sincerely,
jAquiArta ardt Protection Supervisor
Fayetteville Regional Office
cc: Facility File Robeson-78-024
APS Central Files
Murphy -Brown LLC
Division of Soil and Water, Fayetteville Regional Office
Robeson Soil and Water Conservation District

wArF9
Q
J
Q
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Johnny Ward
307 Londonderry Dr.
Lumberton, NC 28358
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 24, 2003
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2H .0217
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward:
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 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 and NPDES Permit.
On November 5, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located on SR 1933 in Robeson
County, SWC staff member Mr. Trent Allen was so concerned about the condition of the farm
that he immediate re erred it to the F yettevi le Re i a e of the Division of Water
Quality. Mr at�I Tonal �"ry _PV 14+�f�i�,cmmental-Tech. V,
responded that day. Up2q arriving at the facility Q& spoke with long time farm worker, Stan
Braddock. He ithat thews recirculation pumps were not working and waste-
water had backed up in the houses. The wastewater then began to leak from the foundations and
pull pits at various locations. You were made aw of this the night before but no repair work
had been initiated when DWQ staff arri_ved. s-telephoned you A inquirc4 about the
pumps. You responded they had just lost their prime and pm did not feel it was a serious matter.
When questioned further#ou stated they probably Wre plugged with bones. You explained that
vAtenAk►e pigs died in the houses soo Jetimes the hogs pushed their bones through the slat
openings and the bones would -plug the pump. This was part of your explanation for the excess
wastewater found standing around the outside of the houses. DWQ staff also noted wastewater in
the ditch behind the barns and lagoon. A sample was taken from these areas. The lift stations
�v
Ji
ttXbEN
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 1910) 486-1541 Fax [phone] Customer Service
1-877-623-6748

Mr. Ward
11-24-03
Page 2
were not pumping wastewater at the time of inspection, although the pumps were running. The
stations outer walls were stained from waste, these indicwertopping had occurred in the past.
This pattern continued with the pull pits at every house geed of maintenance. Each pit had
solid six to twelve inches above their tops even with the pit pipes pulled. They also
had stains indicating past overflows. The Permit under which this farm operates states that the
Regional Office will be notified of any failure of any component of the animal waste collection,
treatment, storage and land application system resulting in a discharge to surface waters or
wetlands. Additionally, the Fermittee will file a written report within fiveA�.
occurrences. The Fayetteville Regional Office has received ij' of
discussions with you about the farm conditions you stated you were busy for the past several
uis and had relied on Mr. Braddock to oversee the farm. [t was months with other businessir
explained to you that as Owner a d ittee you assume full responsibility for the condition of
this farm. The condition of the ac-i lty was unacceptable and the farm will not be allowed to
operate without a significant improvement in the facility's waste handling structures and its'
management. The numerous Fermit violations documented by DWQ staff and the prior 7,tA
compliance history of this facility demonstrate a high level of negligence. In the future the facility
will be inspected more frequently than in the past. Groundwater provisions previously instituted
and
d required sampling under those provisions will be monitored closely for detail and timeliness.
se't� recordkeeping was not in order. Records of pplicatioEss samples, aA dlpgoon
levels must be taken as e u cd by the NPDES Perm it,alw. allure to de- � is a violation of ya-'
A Pcrmit,ce=oZ
gentralOffice'.
violations o€�it are the reasons this office will recommend a,,,
enforceme
CLC.,.,
The Division of Water Quality requests that the following items be addressed:
1. Improve recordkeeping by following permit guidelines for applications, Sam` les.,and
lagoon levels and use the new approved forms. H4vz-th4� reeef&--up to date�asd at the farm
location and available for inspection.
2. Repair and maintain all deficient, leaking equipment that are components of the waste
collection, treatment, storage or application system in a timely manner. Specifically the
leaking foundations and pull pits. Improve drainage around the houses to relieve standing
water. Perform routine maintenance on pull pits and lift stations.
Assure the prompt removal and proper disposal of all swine carcasses that occur in your
facilities swine houses.
4. The Fiermittee must be present at all future inspections of his facility.
5_ Report any discharges to surface waters to the Fayetteville Regional Office within 24 hours
of first knowledge of the event and follow up as required by the permit.
Kk I
MDR U
N_ C. Division of water Quality 225 Green Street Fayetteville. North Carolina 29301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

Mr. Ward
11-24-03
Page 3
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.
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 forwarding a
recommendation to the Director for consideration of enforcement for these violations.
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 events noted and why you feel that this office
should not proceed with recommendation for enforcement. This office on or before Decelmberl9,
2003 should receive this response. Information provided to this office will be reviewed and, if
enforcement is still deemed appropriate, your response will be forwarded to the Director with the
enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Larry Baxley, Environmental Specialist, or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Dana Ashford - Robeson Co. NRC:S
Trent Allen — SWC, FRO
Central Files - Raleigh
6INR
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
February 3, 1997
CERTIFIED-
J Th f,4---k
Johnny Ward
Ward Farms, Inc.
3530 Fayetteville Road
Lumberton, NC 28358
Subject: NOTICE OF DEFICIENCY
Improper Operation of Waste Management System
Ward Swine Farm (Reg.# 78-24)
SR 1937
Robeson County
Dear Mr. Ward:
This is to advise you that an inspection was conducted of your swine farm and the lagoon serving
this operation by Division of Water Quality (DWQ) staff from the Fayetteville Regional Office
on January 29, 1997. The inspection revealed that the waste handling system was not operating
properly and animal waste was being discharged from your facility.
During the investigation, it was documented that the pump station serving the #6 and #7 houses
was not functioning properly which resulted in the release of animal waste from the associated
flush pits into a nearby canal around your lagoon. The waste flow was traced by DWQ staff
during the inspection, and it was determined that animal waste did not reach surface waters of
the State. However, it has been confirmed that the canal around your lagoon does eventually
drain into Lee's Branch which is considered surface waters of the State. Had the waste from
your farm reached these waters, the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation and failure to comply with these rules
can result in civil and/or criminal penalties or the facility may be required to apply for an
individual nondischarge permit. In addition, the combined lagoon freeboard and storage level
was observed to be less than the mandatory 19 inches.
Wachovia Building, Suite 714, Fayetteville A�w- FAX [phone]
North Carolina 28301-5043 Nam f C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Page 2
Mr. ward
213/97
Consequently, the purpose of this letter is to advise you (1) To immediately lower the lagoon
level via spray application on a viable cover crop, (2) To immediately repair your flush pits and
respective pump station so that this problem does not reoccur, (3) To warn you that it is a
violation of North Carolina General Statutes to discharge to the surface waters of the State
without a permit.
It is requested that you forward to this office, at the address on the bottom of the previous page,
on or before February 20, 1997 a written statement indicating by what date your lagoon will be
in compliance and how you plan to prevent the pump station from failing. It is strongly
recommended that you contact Mr. James Cochran at [phone] for advice concerning this
matter.
It is also recommended that you contact this office upon receipt of this letter if you have any
questions. Please do not hesitate to contact either Mr. Tommy Stevens, Regional Water Quality
Supervisor, or myself at [phone].
Sincerely,
Ed Buchan
Environmental Engineer
cc: Sue Homewood - DWQ Facility Compliance Group
Chris Walling - DSWC-FRO
James Cochran - Robeson County Extension Office
Ed Holland - Robeson County NRCS Office

State of North Carolina
Department of EWronment, Health, and Natural Resources
Fayetteville Regional Office
James B. Huat, Jr., Governor
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 24, 1993
CERTIFIED BAIL
RETURN RECEIPT R OVESTSD
Mr. James L. Floyd, Owner
Floyd, C. Vernon Jr. and Son Hog Farm
Route 1, Box 124
St. Paula, North Carolina 28384
Dear Mr. Floyd:
3aoatbaa B. Howes, Secretary
SUBJECT: Notice of Violation & Recommendation
For Enforcement Action
NCGS 143-215.1(a)(1) - Making An
Outlet Into Waters Of The State
Floyd, C. Vernon Jr. And Son Hog Farm
Robeson County
On Monday, May 17, 1993, our office received notification from a
concerned citizen that animal waste was entering a ditch, which is located
on an unnamed to Ten Mile Swamp. On Tuesday, May 18, 1993, Mr. Ricky Revels
of the Fayetteville Regional Office conducted an inspection of your facility.
The inspection revealed that wastewater was flowing from one of your hog
houses, as well as wastewater seepage from the foundation of your wastewater
lagoon, which resulted in an undetermined amount of animal waste entering a
man-made ditch and unnamed tributary of Ten Mile Swamp, Class "C Swamp" waters
of the State.
During the course of the inspection your operation managers were told
that measures must be taken to immediately eliminate the discharges. Your
facility was designated as a concentrated animal feeding operation on June 28,
1982, therefore, this incident represents a violation of NCGS 143-215.1(a)(1)
- Making an outlet into waters of the State. This violation is subject to
enforcement action as defined by NCGS 143-215.5A(b), which allows for
assessment of civil penalties of up to $10,000.00 per day per violation.
Wachovla BuWre. Sufte 714 a FayettrvOe. North Carolina Z8301-5043 • Telephone [phone] + FAX [phone]
An E4pM Oppahn*H Affirmadve Acdon UTPiaim

Mr. James Floyd
Page 2
May 24, 1993
It was determined during a on -site meeting with you and David Hedgpeth,
Technician of the USDA-SCS Office on Thursday, May 20, 1993, that you had
eliminated the direct discharge of animal waste from your hog house to surface
waters. In addition it was further understood that SCS was assisting you with
recommendations regarding corrective action for your lagoon seepage.
It should be pointed out that this letter does not relieve you of the
responsibility to properly manage the wastewater system in such a way that a
discharge to surface waters does not occur.
Upon Completion of review of this matter by the Enforcement and
Compliance Group, a determination will be made as to whether an enforcement
action is appropriate and you will be advised in the near future of this
action.
Should you need any additional information or clarification, please
contact Mr. Ricky Revels of this office at [phone].
,erely,
00,
d, P
Regional u rvisor
MJN/RR/rr
m

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
February 3, 1997
Johnny Ward
Ward Farms, Inc.
3530 Fayetteville Road
Lumberton, NC 28358
r
=N10 110kc
Subject: NOTICE OF DEFICIENCY
Improper Operation of Waste Management System
Ward Swine Farm (Reg.# 78-24)
SR 1937
Robeson County
Dear Mr. Ward:
This is to advise you that an inspection was conducted of your swine farm and the lagoon serving
this operation by Division of Water Quality (DWQ) staff from the Fayetteville Regional Office
on January 29, 1997. The inspection revealed that the waste handling system was not operating
properly and animal waste was being discharged from your facility.
During the investigation, it was documented that the pump station serving the #6 and #7 houses
was not functioning properly which resulted in the release of animal waste from the associated
flush pits into a nearby canal around your lagoon. The waste flow was traced by DWQ staff
during the inspection, and it was determined that animal waste did not reach surface waters of
the State. However, it has been confirmed that the canal around your lagoon does eventually
drain into Lee's Branch which is considered surface waters of the State. Had the waste from
your farm reached these waters, the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation and failure to comply with these rules
can result in civil and/or criminal penalties or the facility may be required to apply for an
individual nondischarge permit. In addition, the combined lagoon freeboard and storage level
was observed to be less than the mandatory 19 inches.
Wachovia Building, Suite 714, FayettevilleFAX 910-486-0707
Nio �
North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
September 12, 2001 Gregory I Thorpe, Ph.D.
Acting Director
Division of Water Qualify
CERTIFIED MAIL
RETURN RECEIPT REQLMSTED
Mr. Johnny Ward
4911 White Oak Rd.
Lumberton, NC 28358
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Johnny Ward Farm
Facility No. 78-24
Robeson County
Dear Mr. Ward:
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 September 10, 2001, staff from the Fayetteville Regional Office of the Division of Water
Quality, performed an inspection of the Johnny Ward Farm in Robeson Co.,The inspection revealed
that there were no current waste samples for the irrigation events in June 2001. The lack of waste
samples has been noted in 1999 inspection and 2000 Operational Review of this facility. It was also
noted on a visit two weeks previous that there were no copies of any of the required paperwork on
Site.
The Division of Water Quality requests that the following item(s) be addressed:
Secure waste samples within the required time frame of irrigation events (sixty days prior or
sixty after).
2. Keep a copy of all required paper work on site and available upon request.
Failure to comply with the above conditions may result in the facility losing it's Permitted status
and being required to obtain an individual non discharge permit for the facility.
Fayetteville Regional Office
225 Green Street- Suite 714, Fayetteville; l,lorth Carolina 28301-5043
Phone: 910 48&15411 FAX: 910-48&070711nternet:
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
pNorth
Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P. E. Director
'C
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 24, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Johnny Ward
307 Londonderry Dr.
Lumberton, NC 28358
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
Administrative Code 15A NCAC 2H .0217
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward:
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 and NPDES Permit.
On November 5, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located on SR 1933 in Robeson
County. SWC staff member Mr. Trent Allen was so concerned about the condition of the farm
that he immediately referred it to the F y tnt ille Re i a l e of the Division of Water
Quality_ Mrs' S �w—,-Enxtr4)nmental-T-ech. V,
responded that day. Upo arriving at the facility spoke with long time farm worker, Stan
Braddock_ He i that the-€iiafiliss recirculation pumps were not working and waste-
water had backed up in the houses. The wastewater then began to leak from the foundations and
pull pits at various locations. You were made aw of this the night before but no repair work
had been initiated when DWQ staffarrived.�telephoned you aA inquired about the
pumps_ You responded th�r had just lost their prime and ow did not feel it was a serious matter.
When questioned further�ou stated they probably ere plugged with bones. You explained that
w4ltit%e pigs died in the housesbsor-rictimes the hogs pushed their bones through the slat
openings and the bones would plug the pump. This was part of your explanation for the excess
wastewater found standing around the outside of the houses. DWQ staff also noted wastewater in
the ditch behind the barns and lagoon. A sample was taken from these areas. The lift stations
AR
A
NEMIR
N- C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 29301-5043 (9W) 496-1541 Fax [phone] Customer Service
1-877-623-6748

Mr. Ward
11-24-03
Page 2
i
were not pumping wastewater at the time of inspection, although the pumps were running. The
stations outer walls were stained from waste, these indilk4dof
ertopping had occurred in the past.
This pattern continued with the pull pits at every house maintenance. Each pit had
solid/eu � six to twelve inches above their tops even with the pit pipes pulled. They also
had stains indicating past overflows_ The Permit under which this farm operates states that the
Regional Office will be notified of any failure of any component of the animal waste collection,
treatment, storage and land application system resulting in a discharge to surface waters or
wetlands. Additionaliy,the �ermittee will file a written report within five d ys of
M,,
occurrences. The Fayetteville Regional Office has�ceived d of 1n
discussions with you about the farm conditions you stated you were busy for the past several
months with other business K 619 and had relied on Mr. Braddock to oversee the farm. It was
explained to you that as owner d you assume full responsibility for the condition of
this farm. The condition of the aci itrittee
as unacceptable and the farm will not be allowed to
operate without a significant improvement in the facility's waste handling structures and its'
management. The numerous Fermit violations documented by DWQ staff and the prior 74'd
compliance history of this facility demonstrate a high level of negligence. In the future tyre facility
will be inspected more frequently than in the past. Groundwater provisions previously instituted
and required sampling under those provisions will be monitored closely for detail and timeliness.
�41 c s recordkeeping was not in order. Records of applications, samples, amend goon
levels must be taken as re u ed by the NPDES Perm it,aR4,allure tom is a violation of yc-rj"'
a Permit,ce=tothviolations oft are the reasons this office will recommend
enforcemenOffice.
The Division of Water Quality requests that the following items be addressed:
Improve recordkeeping by following permit guide) nes for applications, sampl�and
lagoon levels and use the new approved forms. Haue-tl� resew up to dater at the farm
location and available for inspection.
2. Repair and maintain all deficient, leaking equipment that are components of the waste
collection, treatment, storage or application system in a timely manner. Specifically the
leaking foundations and pull pits. Improve drainage around the houses to relieve standing
water. Perform routine maintenance on pull pits and lift stations.
3. Assure the prompt removal and proper disposal of all swine carcasses that occur in your
facilities swine houses.
4. The Fermittee must be present at all future inspections of his facility.
5. Report any discharges to surface waters to the Fayetteville Regional Office within 24 hours
of first knowledge of the event and follow up as required by the permit.
N. C. Division of Water Quality 225 Green Street Fayetteville. North Carolina 28301-5043 [phone] Fax {910) 486-0707
Customer Service
1-877-623-6748

Mr. Ward
i 1-24-03
Page 3
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.
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 forwarding a
recommendation to the Director for consideration of enforcement for these violations.
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 events noted and why you feel that this office
should not proceed with recommendation for enforcement. This office on or before Decemb_er19,
2003 should receive this response. Information provided to this office will be reviewed and, if
enforcement is still deemed appropriate, your response will be for -warded to the Director with the
enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Larry Baxley, Environmental Specialist, or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Dana Ashford - Robeson Co. NRCS
Trent Allen -- SWC, FRO
Central Files - Raleigh
ASw�
0 ENR
N- C. Division of Water Quality 225 Green street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer service
1-877-623-6748

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'40F WATI9Q Michael F. Easley, Governor
`0G William G. Ross Jr., Secretary
0) North Carolina Department of Environment and Natural Resources
O Colcen H. Sullins, Director
Division of Water Quality
September 2, 2008
CERTIFIED MAIL - # 7006 2150 0003 5466 4812
RETURN RECEIPT REQUESTED
Mr. John R. Ward
307 Londonderry Drive
Lumberton, North Carolina 28358
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215
Farm # 78-0024
Robeson County
File No. DV-2007-0022
Permit No. AWS780024
Dear Mr. Ward:
This letter transmits notice of a civil penalty assessed against John R. Ward in the amount of $3,948.49
which includes $1,448.49 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-
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
lhcmi'a
WVY
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: httn:l/h2o.enr.state.nc.Us 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

Water Resources
Environmental Quality
February 17, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 3410 0001 6831 1721
Mr. John R Ward
307 Londonderry Dr.
Lumberton, North Carolina 28358
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
Administrative Code 15A NCAC 2T .1304
NOV-2016-DV-0334
Ward Farms, Inc., Facility No. 78-24, Permit No. AWS780024
Robeson County
Dear Mr. Ward:
ROY COOPER
Governor
NHCHAEL S. REGAN
Secretary
S. JAY ZIlVf1VV IEERMAN
Director
On October 20, 2016, staff from the NC Division of Water Resources (Division), Water Quality Regional
Operations Section (WQROS), inspected the Ward Farms, Inc. and the permitted waste disposal system.
We wish to thank Mr. John Ward, 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 prevent discharge of waste to surface waters or wetlands. N.C.G.S. 143-215.10C - (Permit No.
AWS780024, Section Conditions 11 and 12).
On October 20, 2016 DWR conducted a Structure Evaluation Inspection because of high freeboards
caused by Hurricane Matthew. DWR Staff documented waste escaping the waste collection system
before it arrived at the lift station transfer box. Waste had overflowed the pit traps at the end of one or
more frog houses and ran to a storm water conveyance and into a field ditch off the property.
----Nothing Cotnpares'-- _-
State of North Carolina I Environmental Quality
225 Green Sant, Suite 714 1 Fayetteville, North Carolina 28301
910433-3300

Mr. John Ward
February 17, 2017
Page 2
Required Corrective Action for Violation 1:
Make sure the pit traps are correctly handling liquid and that they are not crusted over causing waste to
overflow onto the ground. Also maintain switches to keep the lift station pump working in the automatic
mode.
Violation 2:
Failure to notify the Division of Water Resources of a failure of any component of the animal waste
management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No.
AWS780024 Section 111. 13a)
Your permit specifically requires notification by telephone as soon as possible, but in no case more than
24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a
reportable permit condition. The Division of Water Quality has no record of receiving the 24-hour
notification.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events
in accordance with your permit.
Violation 3:
Failure to operate and maintain at all times your waste. collection system in accordance with your permit
and Certified Animal Waste Management Plan. (Permit No. AWS780024 Section it 1).
On October 20, 2016 when staff entered your farm it was observed that waste had overflowed out of
the pit traps and into the storm water ditch at the back of the hog houses. It was documented that
waste was flowing out of the top of the pit into the fresh water drain system. It was observed that an
attempt had been made to clean up waste around the ends of a couple of houses.
Required Corrective Action for Violation 3:
If you have not already done so, immediately prevent the flow of waste onto the ground. Repair any
leaks in all of your hog houses as soon as possible, not more than 90 days from receipt of this letter.
Make sure the pit traps are correctly handling the animal waste and that they are not crusted over
causing waste to overflow onto the ground. Also maintain switches to keep the lift station pump
working in the automatic mode.

Mr. John Ward
February 17, 2017
Page 2
Violation 4:
Failure to inspect the waste collection, treatment, storage structures, and runoff control measures in a
frequency to insure proper operation but at least monthly and after all storm events of greater than one
(1) inch in 24 hours. Inspection shall also include visual observation of subsurface drain outlets, ditches,
and drainage ways for any discharge of waste. (Permit No. AWS780024, Condition III 1).
On October 20, 2016 DWR Staff documented waste had been overflowing the pit traps and onto the
ground and that an attempt had been made to clean it up. The observation of waste in the drainage
system was very obvious and was either ignored or farm personnel failed to inspect the system after the
storm event or any other time.
Required Corrective Action for Violation 4:
In the future, a designated Operator in Charge (OIC) of a type A Animal Waste Management System or
an employee under the OIC's supervision must walk the fresh water drain system behind the hog houses
looking at ditches and drainage ways for any sign of overflowing pit traps, ponding or discharge from the
houses as required by your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before March 17, 2017.
1. An explanation, from the OIC, of this farm regarding how this violation occurred.
2. A list, from the OIC, concerning the steps that will be taken to prevent these violations from
occurring in the future.
3. Copy of your rainfall and freeboard levels from January 2016 to February 2017.
4. Copy of your IIR1 and IRR 2 forms (spray field pumping records) for your 2016 corn crop and
2016 -2017 wheat crop.
You are required to take any necessary action to correct the above violations on or before 90 days
from receipt of this letter and to provide a written response to this Notice by March 17, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to
me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.

Mr. John Ward
February 17, 2017
Page 2
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 [phone] or me at
[phone].
Sincerely,
Trent Allen
Assist. Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Debra Watts, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files

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To: Mr. Trent Allen
From : John Ward
Date: Feb. 27`h, 2017
REUJJVtu
DEQIDWR
MAR 02 2017
WQROS
,=AYETTEVILLF RF(IONAL OFFICE
On October 8`h, we were devastated by Hurricane Matthew. I feel that this national disaster deserves to
be taken into account and my actions following. I think I did as good as anyone could have done given
the circumstances.
That was a Saturday. The first thing the next morning after observing the farm I called DWQ and
reported that by freeboard was too high. I spoke With Bill Dunlap. At that time, I had lost roofs off my
hog houses, the buildings were flooded in between and we were had no electricity. I had a generator to
get water to the hogs and had to move the generator from the pump house and then house to house
only being able to feed half the farm at a time. That was an all day job. The water was so high I couldn't
see between houses. If would have know that a build or buildings were over flowing then I would have
told DWQ at that time. It was literally from wall to wall. Although the water was moving it was slow due
to volume and trash clogging pipes. It was all I could do to get feed and water on the hogs to live.lt was
Thursday the 13th late afternoon before we got electricity. I couldn't have pumped earlier due to my
pumps are electric.
I was in survival mode. I had to get a friend that owned a convenient store to get me gas. We had to
hand pump out of his tank manually. I was a total nut case. That Monday the 10`h, I had a team working
on the roofs and a team on moving the generator. I went to Lowes and bought all the long tin they had,
hammers and nails. All I could think about was keeping my animals alive and getting a roof on before the
next rain. It was literally raining on my hogs during the storm. This was a national disaster and it was
like living in a 3rd world country.
So now it is Friday and relived that I had electricity to get water and feed to hogs. We had to dump and
clean out a lot of feeders that were filled with water. My immediate thought was roofs, roofs and roofs
before the next rain. They were torn off from the tops and inside.
To me, I didn't recognize that a couple houses had overflowed out of pit box. Everything looked alike
because the roof was blow off and it was running straight into the house thru the slatted floors. Our dirt
is a very dark dirt so I didn't notice the difference. Using the tractor to now get around carrying material
fix roofs it tore up everything. Mixing it together as we rode across. We did start pumping our houses
but we were still concerned that the lagoon may break. After pumping a few days, the boys noticed a
couple houses weren't going down so they put my secondary back up pump in. In hindsight, I may have
clogged up some pipes when I emptied feeders that were soaked. I will say in my defense there was
nothing over flowing that I ever saw. When Dwq came to check freeboards, someone called Greg Carter
from Murphy Brown and he called me. He said he had gotten a phone call that d.w.q. was at the farm
and there was an issue that waste had gotten out of the house. I wasn't aware of it being busy trying to

•1
buy everything at Lowes to put my roofs back on until that phone call. That was Thursday the 20th about
lunch. I was not trying to cover up anything, I was in survival mode. I hadn't thought of calling dwq
because there was nothing to report and I had already called saying I was in violation. I was
overwhelmed. Not an excuse but a fact!!! I had to borrow 50,000 to get my farm back together. I got no
federal assistance or insurance money and did the best job that I think anyone could have done
considering the circumstances.
As soon as it was dry enough to pump, I pumped the lagoon back to a legal limit. In my defense, I
pumped prior to Matthew coming and immediately when I could by BMP. I did called Bill Dunlap
probably before anyone about the freeboard being too high and I would have told him that a building
had overflowed if I could have known. I had nothing to hide.
It is also stated that this ran off the property. We took a sample that ran behind the hog houses and
another one around my lagoon in a field ditch that was still on my property. I still had 50 acres of ditch
before getting to someone else's property . The bottom line is I know it should never leave your contain
waste management system. I apologize if I didn't tell you that was still my property.
As soon as I got electricity, I started pumping my houses. In all fairness and honesty, I thought I was
doing everything by best management practices. 1100 percent agree when I was shown the over flow, it
was from the hog houses. I was in shock, dropped my head and listened. I guarantee you there would
not have been an over flow had we not had a national disaster. I am fortunate that I faired as well as I
did. I hope you will take this statement of facts and my situation into account. Again, I did call dwq
Sunday morning when I checked my lagoon and I was not trying to hide anything. I am sorry this
happened!
Sincerely,
John Ward
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To: Mr. Trent Allen
Mr. Steve Guyton
Mr. Jay Zimmerman
Mr. Michael Regan
Gov. Roy Copper
Re: Hurricane Matthew: Notice of Violation/ Notice of intent to enforce
Administrative code 15A NCAC 2T .1304
Date: March 14th, 2017
From: John Ward fit -((-
Ward Farms
Facility No. 78-24 Permit No. AWS780024
RECEIVED
DEQ/DWR
MAR 1 7 2017
FAYETTEVILLEQROS REEGIiONAL OFFICE
I'd like to address each violation separately without being redundant with my prior response on Feb. 27,
2017. I'd like to say that none of this would have happen if it were not for hurricane Matthew. I am
basically right outside of Lumberton, N.C.
Violation #1
One o r more pits had over flowed and spilled out into storm water conveyance and into a ditch off
property. I am guilty. Although none of those ditches and water samples were off my property. It was
mine and i understand it is still considered the state water and nothing should ever be outside of your
waste management system. I have already taken action to rectify my issues. I blocked of the end of the
ditch and have been pumping into lagoon. I have ordered the steel to make an emergency closure so
nothing could leave premises unless a national disaster. Steve and I have agreed to elevate the passage
way several feet high as well. The dirt is order as well. This will be completed in the next week no more
than 30 days. All pit traps have already been concreted again for leak prevention and reinforcement.
There were three with small leaks that Steve and I discussed. I was already doing them prior to being
told. I do not have the lift station on automatic. I have tried that in the past and it works better to turn
off and on yourself due to getting stuck and ruining your pump. In this case, it wouldn't have helped
because we had no electricity.
Violation #2
Failure to notify DWQ. I was probably the first person that called Bill Dunlap. Your Fayetteville office
didn't answer. I understand they were under water as well. When I called Mr. Dunlap on his cell phone I
told him that my lagoon was in violation at 19. I couldn't see the ground or I would have told him that as
well. He told me I was fine with dwq to take care of business and to pump as soon as possible. I think

that was Sunday the day after Hurricane Matthew. I had no electricity so no water or feed for hogs. I
explained that in the other letter. I had nothing hide or lose. So I did call immediately. If for some
reason, it happens again I will make the distinction between lagoon too high and waste on ground.
Come to think about it, I didn't have electricity to pump if I did see it. Very glad lagoon was good!!!! I will
have an emergency shut off and a higher embankment to hold more waste
Violation 3
I think this was covered in violation #2. I have also dug out all my ditches and drainage areas as well as
the other stuff knowing it needed to be done. The Hurricane and 14 inches of rain clogged up and
eroded everything in its path. It ran over my passage way over the ditch. That is why I am going to build
it up several more may be 4 or 5. The lay of the land flows from Robert Bessie road toward the hog
houses. That's why it was flooded in between my houses. That is why I had on chicken house flood.
Great news was there were not any chickens in that house but it cost me a whole turn of cash flow.
Mountaire wouldn't bring chickens for only three houses due to disease. I couldn't get it cleaned out
because my guy was busy with a 20 house farm that had chickens. I had to borrow $50,000 due to
Hurricane Matthew. The state did give me saw dust to dry up the wet litter and put back in. Other than
that, I didn't get any help including insurance. Fema did not respond to help. I understand all the people
that were worse off than me, no shelter or food.
Violation #4
I will keep my head together and remember to call for each occurrence as different. I agree I was not of
sound mind. I was overwhelmed as explained in letter dated Feb. $27th and in violation 1, 2 and 3.
This would not have happened if it had not been a national disaster (Hurricane Matthew). I ask for your
understanding and consideration in this matter.
The following paperwork will be enclosed: rainfall and freeboard levels for 2016 to Feb. 2017. Copy of
R1 and R2 (spray Fields) for 2016 and 2017.1 will send a disc. with pictures to show you the new tin on
roofs, inside (we screwed down what was salvageable), ditches dug out, pit boxes cemented, etc.
If it would help, I could put together a list of expenses and receipts. I would rather not think about how
much I spent on roofs ( material and labor ), ceiling on inside of buildings, replacing 12 curtains, rented
equipment, paid to clean out chicken house, dig out ditches, truck loads of dirt, etc. Not to mention Toss
of revenue for a turn of chickens.
ff-t1466/10d i.orrft.5 v sand cfNit
, , }ov. c l AAP 5 d 1 h to S.

(MICROBAC
Bill To:
NC DENR - DWQ (Surface Water)
Ms. Belinda Henson
225 Green Street, #714
Fayetteville, NC 28301
Project:
Stream Samples - Jonny Ward Farm
Microbac Laboratories, Inc.
Fayetteville Division
2592 Hope Mills Rd
Fayetteville, NC 28306
910.864.1920
[e-mail]
PO #
Invoice
Invoice Number: KA6J01225
Invoice Date: 10/31/2016
Client Code: KN003
Terms: 30 Days
Services Provided for:
NC DENR - DWQ (Surface Water)
225 Green Street, #714
Fayetteville, NC 28301
Received Date
10/20/2016
Work Order(s)
K6J0767
Quantity
Analysis/ Description
3 Ammonia by Distillation
3 BOD, 5 Day
3 Nitrate+Nitrite combined
3 Total Kjeldahl Nitrogen
3 Fecal Coliform Bacteria in Water
Base Price Surcharge
$35.00 0%
$40.00 0%
$45.00 0%
$42.00 0%
$30.00 0%
Unit Cost
$35.00
$40.00
$45.00
$42.00
$30.00
Extended Cost
$105.00
$120.00
$135.00
$126.00
$90.00
Total Amount
Prepaid Amount
Balance Due
$576.00
$0.00
$576.00
)vc
INVOICE #: KA6J01225
INVOICE Date: 10/31/2016
CUSTOMER #: KN003
Remittance To:
Microbac Laboratories, Inc
Attn: Locator KA
P.0 Box 644733
Pittsburgh, PA 15264-4733
Please detach invoice stub below and return with remittance
Balance Due
Terms: 30 Days
$576.00
KAKN003KA6J012253110201600057600

Ammonia as N
BOD
Coliform, Fecal
Nitrate+Nitrite as N
Total Kjeldahl Nitrogen
NC DENR - DWQ (Surface Water)
Ms. Belinda Henson
225 Green Street, #714
Fayetteville NC, 28301
(MICRO8AC
Fayetteville Division
Certificate of Analysis
Project: Stream Samples - Jonny Ward Farm
Date Reported: 10/3 1/ 16
Date Received: 10/20/16
Date Sampled: 10/20/16
Sampled By: Client
Source, grab
K6J0767-01
Analyte
Result Units Analyzed Analyzed By Method Qualifier
Analyzed by: Microbac Laboratories, Inc. - Fayetteville
Ammonia as N
BOD
Coliform, Fecal
Nitrate+Nitrite as N
Total Kjeldahl Nitrogen
1270 mg/L 10/25/16 08:30 DSK SM 4500 NH3 C-1997
8220 mg/L 10/20/16 18:50 ELM SM 5210 B-20I 1
960000 per100 mL 10/20/16 17:20 JR SM 9222 D-1997 1
13.3 mg/L 10/24/16 09:15 AC EPA 300.0, Rev. 2.1 (1993)
3480 mg/L 10/28/16 08:13 AC SM 4500-Norg C-1997
Property Line, grab
K6J0767-02
Analyte
Result Units Analyzed Analyzed By Method Qualifier
Analyzed by: Microbac Laboratories, Inc. - Fayetteville
412
284
21000
1.08
448
mg/L 10/25/16 08:30 DSK
mg/L 10/20/16 18:50 ELM
per 100 mL 10/20/16 17:20 JR
mg/L 10/24/16 09:15 AC
mg/L 10/28/16 08:13 AC
Downstream, grab
K6J0767-03
SM 4500 NH3 C-1997
SM 5210 B-2011
SM 9222 D-1997
EPA 300.0, Rev. 2.1 (1993)
SM 4500-Norg C-1997
Analyte
Result Units Analyzed Analyzed By Method Qualifier
Analyzed by: Microbac Laboratories, Inc. - Fayetteville
Ammonia as N
BOD
Coliform, Fecal
Nitrate+Nitrite as N
Total Kjeldahl Nitrogen
33.8 mg/L 10/25/16 08:30 DSK SM 4500 NH3 C-I997
9.89 mg/L 10/20/16 18:50 ELM SM 5210 B-2011 G3
1000 per 100 mL 10/20/16 17:20 JR SM 9222 D-1997
2.41 mg/L 10/24/16 09:15 AC EPA 300.0, Rev. 2.1 (1993)
37.1 mg/L 10/28/16 08:13 AC SM 4500-Norg C-1997
QC Batch Run - (Microbac Laboratories, Inc. - Fayetteville)
Analyte
Result Units
Source
RPD L.imu
Total Kjeldahl Nitrogen
ND
mg/L
K6J1002
20
Mir»u�,�.
2592 Hope Mills Road 1 Fayetteville, NC 28306 1910.864.1920 p 1910.864.8774 f www.microbac.com
Page 1 of 3

NC DENR - DWQ (Surface Water)
Ms. Belinda Henson
225 Green Street, #714
Fayetteville NC, 28301
<MICROBAC
Fayetteville Division
Certificate of Analysis
Project: Stream Samples - Jonny Ward Farm
Date Reported: 10/31 / 16
Date Received: 10/20/16
Date Sampled: 10/20/16
Sampled By: Client
QC Batch Run - (Microbac Laboratories, Inc. - Fayetteville)
Analyte
Result Units
Source
RPD Limit
Ammonia as N
BOD
1.35
101
mg/L
mg/L
K6J0532
K6J0702
Notes and Definitions
J The result is an estimated quantity. The associated numerical value is the approximate concentration of the analyte in the sample
G3 No sample dilution met the requirement of a DO depletion of at least 2.0 mg/L and/or 1.0 mg/L
State Certifications:
NCDNR #II
NCDOH #37714
28
5
Respectfully Submitted
20
20
Bonnie K. Sanders, Senior Project Manager
Thank you for your business. We invite your feedback on our level of service to you. Please contact the Division Manager, Rob Dermer at 910-864-I920 with any
questions. You may also contact J. Trevor Boyce, President at [e-mail]
Microbac Laboratories, Inc.
Page 2 of 3
2592 Hope Mills Road 1 Fayetteville, NC 28306 1910.864.1920 p 1910.864.8774 f I www.microbac.com

Fayetteville Division 2592 Hope Mills Road - Fayetteville, NC 28.306 [phone] / 864-8774 fax
M!B<v
} CHAIN OF CUSTODY RECORD
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NO YES WHICH:
r Page 3 of 3

lob 'V
REC.tiVtU
DEQiDWR
Water Resources
Environmental Quality
JUN 2 3 2017
WQROS
FAYETfEVILLE REGIONAL OFFICE
June 20, 2017
CERTIFIED MAIL - #7016 2140 0000 0564 3616
RETURN RECEIPT REQUESTED
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
Dear Mr. Ward:
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelary
S. JAY ZIMMERMAN
Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 78-0024
Robeson County
Enforcement File No. DV-2017-0025
This letter transmits notice of a civil penalty assessed against John R. Ward in the amount of $5,500.00,
and $1,389.30 in investigative costs, for a total of $6,898.30, Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
< `—Nothing Compares---.-.
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

r w
Assessment of civil penalty
John Ward
Enforcement # DV-2017-0025
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
John Ward
Enforcement # DV-2017-0025
Page 3 of 3
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Included in this enforcement package is the requirement to apply for coverage under an NPDES
permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal
Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency once a facility has a discharge to waters of the State, the permittee
must apply for an NPDES permit (see the attached letter for instructions).
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].
Since ly,
n Risg d, Chief
Water uality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor w/ attachments
File # DV-2017-0025 w/ attachments
WQROS Central Files w/ attachments
Robeson County Health Department

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF
JOHN R_ WARD
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No. DV-2017-0025
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. John R. Ward owns and operates Ward Farms, Inc. a swine animal operation in Robeson
County.
B. John R. Ward was issued a Certificate of Coverage AWS780024 under General Permit
AWG100000 for Ward Farms, Inc. on October 1, 2014, effective upon issuance, with an
expiration date of September 30, 2019.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State."
D. Condition I. L General Permit AWG 100000 states in part that "Any discharge of waste
which reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyances, direct application and
direct discharge or through ditches not otherwise classified as State waters."
E. On October 20, 2016, DWR staff observed a discharge of wastewater at Ward Farms Inc_
from confinement house to unnamed tributary to Lees Branch, which are Class C waters
of the State within the Lumber River Basin. On October 18, 2016, DWR staff conducted a
Structure Evaluation Inspection because of high freeboards caused by Hurricane Matthew.
Mr. Ward reported his lagoon was not in compliance on October 9, 2016, he did not
mention any additional issues with the waste collection system. DWR Staff documented
with pictures waste had discharged onto the ground prior to reaching the lift stations. Waste
was documented with pictures in the storm water conveyance and into a field ditch off the
property

T
F. DWR Staff returned on October 20, 2016 to meet with Mr. Ward to further investigate and
document the waste discharge with water samples and pictures. The DWR Staff noted that
this discharge was not a onetime event, based on visual observation this was an ongoing
discharge caused by periodic overflowing pit boxes at the end of the hog houses. Based on
visual observation DWR Staff concluded that waste had bypassed the waste collection
system. The discharge was not flowing during our inspections but there was several pools
of waste on the ground and -the storm water ditch that was just setting there.
G. Condition II 1 of the General Permit AWGI000000 states that the collection, treatment,
and storage facilities, and the land application equipment and fields shall be properly
operated and maintained at all times.
H. On October 18 and 20, 2016 DWR staff documented with pictures and water samples that
waste was flowing from the waste collection system pit boxes at the end of hog houses into
the storm water conveyance system.
I. Condition III 1 of the General Permit AWG 1000000 states in part that an inspection of the
waste collection, treatment, storage structures, and runoff control measures shall be
conducted in a frequency to insure proper operation but at least monthly and after all storm
event of greater than one (1) inch in 24 hours. Inspection shall also include visual
observation of subsurface drain outlets, ditches, and drainage ways for any discharge of
waste.
Mr. Ward stated he was not aware of the discharge until he was shown by DWR Staff, he
didn't notice the difference between his dark dirt and hog waste. Based on Mr. Ward's
response letter he and his staff were constantly working in and around the hog houses every
day and should have noticed the discharged waste.
K. Condition I1I.13.a. of the General Permit AWG100000 states in part that 'The permitee
shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: failure of any component of the animal waste
management system resulting in a discharge to ditches, surface waters, or wetlands."
L. The Fayetteville Regional Office had not received notification within 24 hours of the first
knowledge of wastewater discharge from Ward Farms, Inc. Mr. Ward reported non-
compliant lagoon level on October 9, 2016 caused by hurricane Matthew. DWR has no
record of receiving the 24-hour notification of this discharge of waste.
M. On February 17, 2017, the Division issued a Notice of Violation /Notice of Intent to
Enforce (NOV/NOI) to John R. Ward identifying violations of N.C.G.S. 143-215.1 and
General Permit AWG 100000. The violations include the unlawful discharge of wastes to
waters of the State, water quality standard violation, and failing to notify DWR of the non-
compliance events.
N. The NOV/NOI letter was sent by certified mail, return receipt requested and received on
February 23, 2017.
O. The costs to the State of the enforcement procedures in this matter totaled $1,398.30.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. John R. Ward is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited discharge constituted making an outlet to waters of the State for purposes
of G.S. 143-215.1(a)(] ), for which G.S. 143-215.1 requires a permit. The discharge also
violated Condition I.1 of General Permit AWG100000.
D. The above -cited failure to operate and maintain at all times the waste collection system
Violated Condition No.11. 1 of the General Permit AWG1000000.
E. The above -cited failure failure to inspect the waste collection, treatment, storage structures,
and runoff control measures in a frequency to insure proper operation but at least monthly
and after all storm events of greater than one inch in 24 hours violated Condition No. III.
1. of the General Permit AWG1000000
F. The above -cited failure to provide notification to the regional office violated Condition
1II.13,a. of General Permit AWG100000.
G. John R. Ward may be assessed civil penalties 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 violates or fails to act in accordance
with the terms, conditions, or requirements of a permit required by G.S. I43-215.1.
H. The State's enforcement costs in this matter may be assessed against John R. Ward pursuant
to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
L The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, John R. Ward, owner of Ward Farms, Inc. at the time of the noncompliance is hereby
assessed a civil penalty of:
$ 3 00`' For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit
AWG 100000.
$ I mo4y For violating Condition Ii. 1. of the General Permit No. AWG100000 by
failing to properly operate and maintain collection, treatment, and storage
facilities, and land application equipment and fields at all times.
o�
$ 1L"AV ^ For violating Condition No. III. 1. of the General Permit AWG1000000
for failure to visually and physically inspect the waste collection system'
and drainage system.

V
$ For violating Condition II1.13.a. of the General Permit AWG100000 for
failing to report by telephone to the appropriate Regional Office as soon
as possible, but in no case more than 24 hours following first knowledge
of the occurrence of wastewater discharge.
TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$1398.30 Enforcement costs
$ C.9 O U y TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282. 1 (b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to John R. Ward, in
accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Jon ' gaard, Chief
W Quality Regional Operations Section
ivision of Water Resources

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
JOHN R. WARD
PERMIT NO. AWS780024
DEPARTMENT OF ENVIRONMENTAL QUALITY
} WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
}
}
FILE NO. PC-2017-0025
Having been assessed civil penalties totaling S6,898.30 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, June 20, 2017, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2017

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2017-0025 County: Robeson
Assessed Party: John R. Ward
Permit No.: AWS780024 Amount assessed: $6,898.30
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver o Ri ht to an Administrative Hearing and Stipulation o Facts -
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) pgMent of the civil penalty will prevent payment for the remaining necess
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem_ req.

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: John R. Ward
County: Robeson
Case Number: PC-2017-0025
Permit Number: AWS780024
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
About the cited violation, no harm to the natural resources of the State, to the public health, or to private
property was documented.
2) The duration and gravity of the violation;
The precise duration and volume of waste discharged from this violation is unknown.
The last inspection by DWR was May 6, 2016, the discharge could have started at any time after the last
inspection.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater quality was not measured. Visual and analytical evidence confirmed that
wastewater was discharged from the pit box collection system into the storm water conveyance system
into thefield ditches.
4) The cost of rectifying the damage;
This factor cannot be determined because no data exists to establish the extent of damage to the pit wall
or the cost to repair.
5) The amount of money saved by noncompliance;
No monetary savings can be determined
6) Whether the violation was committed willfully or intentionally;
Concerning the discharge of waste from the pit box collection system, the discharge was not committed
wildly or intentionally. The DWR staff could not find any physical evidence that the pit boxes were
intentio ally damaged cousin the dischar e. e
rvG i,✓( d..r�-S 1'eea...V,, 'D"40 4 C<<eiw. One t...nl &Pill.
Mr. Ward and his farm staff failed to comply with permit conditions by failure to properly inspect the
waste collection system to ensure no waste was bypassing the collection system causing runoff.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
September 2008 - DV-2007-0022 - For discharging wastewater to waters of the State
8) The cost to the State of the enforcement procedures.
$1389.30
61�u 6 -t-
Date
rev 1.0 - 8.3 l .09

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Environmental
Quality
June 20, 2017
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
Subject: National Pollutant Discharge Elimination
System (NPDES) Permit Requirement
Facility Number: AWS780024
Dear Mr. Ward:
According to our records, your facility was assessed for a discharge of wastewater to the waters
of the state that occurred on October 18, 2016. As a result, according to the North Carolina
General Statutes § 143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency, you are
required to apply for coverage under an NPDES permit.
Within 90 days of receipt of this letter, complete and return the attached form, "NPDES
General Permit Application— Existing Animal Waste Operations." Please carefully follow
the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a
General Permit, please contact us and we will forward you that application. Two copies of your
complete Certified Animal Waste Management Plan are required with the permit
application. Please refer to the checklist on page two of the application to be sure that all
necessary documents are submitted with the application.
A copy of the NPDES General Permit may be downloaded at our website:
http://ddeg nc.gov/about/divisions/water-resources/water-quality-regional-or)erations/afo
If it is your opinion that your facility should not be required coverage under an NPDES permit,
please provide written justification (such as change in ownership and management) so that the
Division can make appropriate determination to your situation.
Continued...
State of North Carolina E Environmental Quality I Division of Water Resources
Water Quality Regional operations section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Failure to submit the documentation as required may subject your facility to a civil penalty and
other enforcement actions for each day the facility is operated following the due date.
If you have any questions about the NPDES permit or the enclosed application, please feel free
to contact the Animal Feeding Operations Program staff at [phone].
Sincerely,
l
on Ris ?d, Chief
Water Quality Regional Operations Section
Division of Water Resources
CC: Fayetteville Regional Office, Water Quality Regional Operations Section
Robeson County Soil and Water Conservation District
Facility File (AWS780024)

RECEIVED
DEQIDWR
OCT 02 2017
w FAYETTEVILLERRO
Water ResourcesREGIONAL OFFICE
F.nvironrnental Quality
September 28, 2017
CERTIFIED MAIL - #7016 2140 0000 0564 3692
RETURN RECEIPT REQUESTED
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
Dear Mr. Ward:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Request for Remission of Civil Penalty
Farm # 78-0024
Robeson County
Permit No. AWS780024
File No. DV-2017-0025
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of your
request for remission and remitted $5000.00 of the $5500.0 civil penalty and $1042.00 of the
$1389.30 of investigative cost. The revised civil penalty is therefore a total amount of $847.30,
which includes $347.30 in investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your
receipt of this letter to the attention of.
Miressa Garoma
NC DEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
-- - 'Nothing Compares --
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

01
John Ward
Enforcement # DV-2017-0025
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa Garoma
NC DEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore, the EMC may
choose to uphold the original penalty amount and offer no remissions, they may agree
with the DWR Director's remission recommendation detailed above, or the penalty
amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact
Miressa D. Garoma at [phone].
Sincerely, - LAj�
Qra J. Watts Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor
File # DV-2017-0025
WQROS Central Files (AWS780024)

{
Case Number: DV-2017-0025
Assessed Entity: John R. Ward
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Region: Fayetteville
County: Robeson
Permit: AWS780024
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
No.
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
When staff arrive several days after the event, waste was still flowing off the property, with plenty of evidence of
previous, unreported discharges.
® (c) Whether the violation was inadvertent or a result of an accident:
Poor maintenance and a history of disregard for rules and regulations would lead one to anticipate that this sort
of thing might happen. It may have been "accidental " or " inadvertent" but good preventive maintenance could
have prevented this.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Yes. DV-2007-0022 -for discharging wastewater to waters of the State.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Payment of the civil penalty will not inhibit Mr. Ward's ability to execute needed remedial activities. Most
remedial actions have taken place and are general maintenance items anyhow.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission {] $ �o (Enter Amount Remitted)
Quy��uc.cC dtc. ' �
S/.�J er1rn'an Date
-�C�icz�. w-�sZl��1TfC 7�jA
✓�/� [�{'%c2�I`CP�!!C 9 C�cleefiQ' /" rLeD� �d T' �cc c c� nv1.o-s..ai.o9

Remission Request Summary and Recommendation
To: S. Jay Zimmerman
From: Trent Allen Date: 7/26/2017 Region: FRO
Reviewed by: Jon Ris card&V- Date: 9WIsI(-q
WQROS Section Chief (initials)
Assessed Party: John R_ Ward County: Robeson
Case No.: DV-2017-0025 Permit No: AWS780024
Case Background and Assessment
October 1, 2014 DWR issued COC No. AWS780024 to John R. Ward for the Ward Farms, Inc.
October 18, 2016 On October 18, 2016 DWR staff conducted a Structure Evaluation Inspection because of
high freeboards caused by Hurricane Matthew. Mr. Ward reported his lagoon was not in
compliance on October 9, 2016, he did not mention any additional issues with the waste
collection system. DWR Staff documented with pictures waste had discharged onto the
ground prior to reaching the lift stations. Waste was documented with pictures in the
storm water conveyance and into a field ditch off the property. On October 20, 2016,
DWR staff observed a discharge of wastewater at Ward Fanns Inc. from confinement
house to unnamed tributary to Lees Branch, which are Class C waters of the State within
the Lumber River Basin. Based on visual observation DWR Staff concluded that waste
had bypassed the waste collection system The discharge was not flowing during our
inspections but there were several pools of waste on the ground and the storm water ditch
that was just setting there.
February 17, 2017 A Notice of Violation/Notice of Intent to Enforce was sent via certified mail.
March 2, 2017 DWR FRO received a response to the dated NOV
June 20, 2017 John R. Ward was assessed a civil penalty of S6,898.30 ($5500A0 civil penalty plus
$1389.30 investigative costs):
• $3000.00 for mailing an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition 1. 1. of the General Permit
AWG 100000.
• $1000.00 violating Condition Il. 1. of the General Permit No. AWG100000 by failing
to properly operate and maintain collection, treatment, and storage facilities, and land
application equipment and fields at all times.
$1000.00 for violating Condition No. III 1 of the General Permit AWG 1000000 for
failure to visually and physically inspect the waste collection system and drainage
system.
• $500.00 violating Condition 111.13.a. of the General Permit AWG100000 for failing to
report by telephone to the appropriate Regional Office as soon as possible, but in no
case more than 24 hours following first knowledge of the occurrence of wastewater
discharge to a ditch.
June 26, 2017 Green card indicated delivery of the assessment document.
rev 1.0 - 8.31.09

Remission Reguest(Suminaal
July 13, 2017 Remission request signed
July 18, 2017 Remission request received
Summary: The permittee did not dispute the findings of the violations; and the incident were the inadvertent result
of Hurricane Matthew that resulted in loss of roofs from hog houses, flooded buildings and cut-off electricity.
Once made aware of the discharge immediate steps were taken to promptly abate the issues noted. The permittee
has also taken steps to prevent any future problems and had to borrow $50,000.00 to try to cover expenses loss
due to Hurricane Matthew.
Enforcement History
• No previous Violation.
Remission Recommendation from Regional Office and Central Office
• DWR Fayetteville Regional Office Recommendation (Check One)
Request Denied ED
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission (l (enter amount to remit)
Comment.•
When staff arrive several days after the event, waste was still flowing off the property, with plenty of evidence
of previous, unreported discharges. Poor maintenance and a history of disregard for rules and regulations would
lead one to anticipate that this sort of thing might happen. It may have been "accidental " or" inadvertent" but
good preventive maintenance could have prevented this. Payment of the civil penalty will not inhibit Mr. Ward's
ability to execute needed remedial activities, Most remedial actions have taken place and are general
maintenance items anyhow.
+ DWR Central Office Recommendation (Check One)
Request Denied X
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ❑ $ (enter amount to remit)
Comment:
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r-A 4,

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
JOHN R. WARD
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number: DV-2017-0025
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be eithergranted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My_ presentation will be limited to discussion of issues and information submitted in my original remission request, and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length,
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. if you or your
representative would like to speak before the Committee, you must complcte and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order_to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you area corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
day of
, 20_
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE (

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 11, 1997
MEMORAND,U,M RECEIVED
TO: Mr. Dan Oakley, Esq. d� �/-
Special Deputy Attorney General FE8 13 1997,
FROM: lA. Preston Howard J'r.�"� FAYETTEVILLS
am REa OFFICE
SUBJECT: Request for Collection of Penalties
Please initiate collection proceedings for the case listed below. The assessed party has
neither paid the assessment nor requested remission within thirty days as required for my
consideration. Copies of the certified mail return receipts and Certifications from the Office of
Administrative Hearings have been attached to the copy of the corresponding assessment.
Violator
C. Vernon Floyd
Case Number
CD 95-005
Date Assessed
Date Received
7M95
Thank you for your assistance in this matter. if you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
ATTACHMENTS
cc: Fayetteville Regional Supervisor
Shannon Langley
Case File #CD 95-005
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

STATE OF NORT 4 CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
January 31, 1997
Robert L. Sledge
Water Quality Section Compliance Group
Division of Water Quality
PO Box 29535
Raleigh NC 27626-0535
RE: C Vernon Floyd & Sons, Inc.
(CD 95-005)
Dear Mr. Sledge:
In response to your letter, please find enclosed a Certification signed by
Julian Mann, III, Chief Administrative Law Judge, Director of the Office of
Administrative Hearings.
Should you have any questions please feel free to give me a call.
Enclosure
Sincerely,
_ A
Coley
Carings Clerk
nuENED
FEB 0 S 1997
FAca vnES ASSESSk.ENT UNIT
POST OFFICE DRAWER 274471 RALEIGH, NORTH CAROLINA 27611-7447
RULES: 919/733-2678 ADMINISTRATION: 9191733-2691 HEARINGS: 919/733-2698
FAX: [phone] FAX: [phone]

STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF ROBESON ADMINISTRATIVE HEARINGS
CERTIFICATION
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases filed pursuant to G.S. 150B-23(a), that he has made a diligent
search of the records of this Office and has found that through August 6, 1995, no open petition
exists that was filed by C. Vernon Floyd & Sons, Inc. sufficient to commence a contested case
concerning the matter of making an outlet into the waters of the State in violation of G. S. 143-
215.1(a) (1).
This the 30A day of / , 1997.
Julian Mann, III
lef Administrative Law Judge
Director
\� � iST.'

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
a• Imps • I
M0 .
Mr. James L. Floyd, Owner
C. Vernon Floyd Jr. and Son, Inc.
Route 1, Box 124
St. Pauls, NC 28384
Dear Mr. Floyd:
July 5, 1995
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
Robeson County
File No. CD 95-05
This letter transmits notice of a civil penalty assessed against C. Vernon Floyd Jr. and Son, Inc. in
the amount of $1381.72 including $381.72 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 pursuant to N.C.G.S. 143-215.6A(h). Any continuing
vioMon(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiver farm). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
W
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282.1(b) were wrongfully applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment Ietter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as follows:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within the days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Linda Forehand at [phone],
extension 526.
Sincerel ,
j A. Preston Howard, Jr., P.E.
ATTACHNMNTS
cc- Fayetteville Regional Supervisor w/ attachments
CompliancelEnforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ROBESON
File No. CD 95-05
IN THE MATTER OF )
C. Vernon Floyd & Son, Inc.- CAFO }
} FINDINGS AND DECISION
FOR A VIOLATION OF ) AND ASSESSMENT OF
CIVIL PENALTIES
G.S. 143-215.1(a)(1) }
MAKING AN OUTLET INTO }
WATERS OF THE STATE )
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, A. Preston Howard, Jr., Director of the Division of
Environmental Management (DEM),.make the following:
I. FINDINGS OF FACT:
A. C. Vernon Floyd and Son, Inc. is a corporation organized and
existing under the laws of the State of North Carolina and
operates an animal feeding operation located on NCSR-1933 near
St. Pauls, in Robeson County, North Carolina.
B. On May 18, 1993, prior to facility designation, DEH staff
observed a discharge of wastewater from an animal waste lagoon
entering an unnamed tributary to Ten Mile Swamp, a tributary
to Big Swamp, of the Lumber River Basin.
C. in a letter dated August 10, 1993, the Director, Division of
Environmental Management (DEM), notified you by certified mail
that said animal operation had been designated a "Concentrated
Animal Feedlot Operation" (CAFO) in accordance with 15A
NCAC 2H.0122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all discharges of animal waste to waters of the
State must be permanently eliminated within 60 days or
an application for a National Pollutant Discharge Elimination
System (NPDES) permit must be submitted.
E. The Director's letter also stated that the CAFO designation
could be contested by filing a petition for an administrative
hearing in the Office of Administrative Hearings (OAH) within
30 days of receipt of the designation letter.
F. You neither applied for an NPDES permit nor petitioned for an
administrative hearing to contest the CAFO designation.
G. On October 21, 1994, personnel from DEM's Fayetteville
Regional Office inspected the animal operation and observed
animal waste had entered a ditch through the field's
underdrain system and entered Ten Mile Swamp, a tributary to
Big Swamp in the Lumber River Basin.
A. The unnamed waters of Ten Mile Swamp are classified as Class
"C--Swamp" waters of the State.

I. On November 18, 1994, the DEN Regional Supervisor sent you a
Notice of Violation stating that discharging animal waste
without a permit was a violation of G.S. 143-215.1. The Notice
advised you that an enforcement action was being prepared
against this operation.
J. The costs to the State of the enforcement procedures in this
matter totalled $381.72.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. C. Vernon Floyd and San, Inc. is a "person" within the meaning
of G.S.143-215.6A and G.S.143.212(4).
B. Unnamed tributary of Ten Mile Swamp constitutes waters of
the State within the meaning of G.S.143-215.1(a)(1) and
G.S.143-212(6).
C. C. Vernon Floyd and Son, Inc. Hog Farm, a properly designated
CAFO, was required to obtain a NPDES permit prior to
discharging animal wastes into waters of the State.
D. The C. Vernon Floyd and Son, Incorporation's discharge of
animal waste into waters of the State without a permit on or
about October 21, 1994 was a violation of G.S.143-215.1(a)(1).
E. A civil penalty of up to $10,000.00 per day of violation may
be assessed pursuant to G.S.143-215.6A(b).
F. The State's enforcement costs in this matter may be assessed
against C. Vernon Floyd and Son, Inc. pursuant to
G.S.143-215.3(a)(9) and G.S.143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant
to delegation provided for by G.S.143-215.6A(h), has the
authority to assess civil penalties in. this matter.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION•
Accordingly, C. Vernon Floyd and Son, Inc. is hereby assessed
a civil penalty of:
S � for making an outlet into waters of the
State in violation of G.S.143-215.1(a)(1).
$ TOTAL CIVIL PENALTY, which is / O
percent of the maximum penalty authorized
by G.S.143-215.6A.
$ 381.72 Enforcement costs.
s % 3ZI 7 Z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount
of the penalty I have considered the factors listed in
G.S.143B-282.1(b), which are:

(2) 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 duality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Dat ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMNIISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PER 11T NO. _ „ _ ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, , the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter
and does stipulate that the facts are as alleged in the assessment document_
This the day of , 19_ .
m
ADDRESS
TELEPHONE
i

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+ Print Your name and address on the reverse of this form so that we Fan feB) .' `+• "^^
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m Attach this form to the front of tha magpiece, or on the bath ff apace 1. ❑ Addressee's Address
does not permit...- -
- . write "Return Receipt Requested" on the maiipieee below the article taanber 2. ❑ Restricted Delivery -S
+" • The Return Receipt will show?fpwhom the erticift was derrvsred and the data
C delivered. -'_- - Consult ostma5Ter for fee. U - _a
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(certified' ❑ COD
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0 O 1 7. Date of •/D�Ja�tive 1
S. Si ssrB ass } S. Addressee's Address (Only if requested yc
and feeas paid)
6. Signature !Agent)i
?a'• PS Forth 3811. December 1991 DOMESTIC RETURN RECEIPT
P 281 576 960
Receipt for
Certified Mail
No I.isurance Coverage Provided
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l5ee Reversal
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Return Rece'at S"i nq
to vvhon 6 Oats Oe+nrered
Retum Receiat Sno-r q 10 WrIum,
Date, and Adaresset'$ Aaaress
TGTAL Passage
A F"S
Posimark or Date

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regionals Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
February 3, 1997
Johnny Ward
Ward Farms, Inc.
3530 Fayetteville Road
Lumberton, NC 28358
Subject: NOTICE OF DEFICIENCY
Improper Operation of Waste Management System
Ward Swine Farm (Reg. # 78-24)
SR 1937
Robeson County
Dear Mr. Ward:
This is to advise you that an inspection was conducted of your swine farm and the lagoon serving
this operation by Division of Water Quality (DWQ) staff from the Fayetteville Regional Office
on January 29, 1997. The inspection revealed that the waste handling system was not operating
properly and animal waste was being discharged from your facility.
During the investigation, it was documented that the pump station serving the #6 and #7 houses
was not functioning properly which resulted in the release of animal waste from the associated
flush pits into a nearby canal around your lagoon. The waste flow was traced by DWQ staff
during the inspection, and it was determined that animal waste did not reach surface waters of
the State. However, it has been confirmed that the canal around your lagoon does eventually
drain into Lee's Branch which is considered surface waters of the State. Had the waste from
your farm reached these waters, the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation and failure to comply with these rules
can result in civil and/or criminal penalties or the facility may be required to apply for an
individual nondischarge permit. In addition, the combined lagoon freeboard and storage level
was observed to be less than the mandatory 19 inches.
Wachovia Building, Suite 714, Fayetteville N%q
FAX [phone]
North Carolina 28301-5043 ff CAn Equal Opportunity Affirmative Action Employer
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Page 2
Mr. Ward
2/3/97
Consequently, the purpose of this letter is to advise you (1) To immediately lower the lagoon
level via spray application on a viable cover crop, (2) To immediately repair your flush pits and
respective pump station so that this problem does not reoccur, (3) To warn you that it is a
violation of North Carolina General Statutes to discharge to the surface waters of the State
without a permit.
It is requested that you forward to this office, at the address on the bottom of the previous page,
on or before February 20, 1997 a written statement indicating by what date your lagoon will be
in compliance and how you plan to prevent the pump station from failing. It is strongly
recommended that you contact Mr. James Cochran at [phone] for advice concerning this
matter.
It is also recommended that you contact this office upon receipt of this letter if you have any
questions. Please do not hesitate to contact either Mr. Tommy Stevens, Regional Water Quality
Supervisor, or myself at [phone].
Sincerely,
Ed Buchan
Environmental Engineer
cc: Sue Homewood - DWQ Facility Compliance Group
Chris Walling - DSWC-FRO
James Cochran - Robeson County Extension Office
Ed Holland - Robeson County NRCS Office

w
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 21, 1997
MS DEAN COLEY
CHIEF HEARINGS CLERK
OFFICE OF ADMINISTRATIVE HEARINGS
POST OFFICE DRAWER 27447
RALEIGH NC 27611-7447
JAN 3 11997
RE: Civil Penalty Assessments Against Various Assessed Entities
Pi -YET T E' vi L L E
REG. OF-Cle E
Dear Ms. Coley:
Would you please search your records and determine if any of the individuals and/or
entities listed below have filed a Petition for a Contested Case Hearing on or before the applicable
specified date?
Facility Name
County Our Case # Date
C Vernon Floyd & Sons, Inc. Robeson CD 95-005 August 6, 1995
If no petitions were filed by the specified date, please ask Judge Mann to execute the
attached certification and return them to my attention at the address below:
Robert L. Sledge
Water Quality Section Compliance Group
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
Thank you for your cooperation in this matter. If you have any questions, please feel free
to contact me at 733-5083, extension 233.
Sincerely
obert L. Sledge, Supervisor
Compliance Group
attachments ,
cc: Enforcement File
-Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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11�
STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF ROBESON ADMINISTRATIVE BEARINGS
CERTIFICATION
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases filed pursuant to G.S. 150B-23(a), that he has made a diligent
search of the records of this Office and has found that through August 6, 1995, no open petition
exists that was filed by C. Vernon Floyd & Sons, Inc. sufficient to commence a contested case
concerning the matter of making an outlet into the waters of the State in violation of G. S. 143-
215.1(a) (1).
This the day of
1997.
Julian Mann, III
Chief Administrative Law Judge
Director

N
• North Carolina
l Cooperative Extension Service
NORTH CAROLINA STATE UNIVERSITY
c,Aef'
_ COLLEGE OF AGRICULTURE & LIFE SCIENCES
Robeson County Center, P. O. Box 2280, Lumberton, NC 29359-2280; [phone]; Fax [phone]
ly
March 5, 1996 E
HAR 711 '198fi
Louise Inman
C.V. Floyd & Son Farm ENV. MANAGE RENT
P.O. Box 326 FAYETTEVILLE REG. OFFICE
St. Pauls, NC 28384
Telephone: [phone]
Johnny Ward (new owner/operator)
3530 Fayetteville Road
Lumberton, NC 28358
Telephone: [phone]
David Walton, (farmer with adjoining spray application fields)
5465 NC 20 Rd W
Lumber Bridge, NC 28357
Telephone: [phone]
Re: Narrative and Preliminary Comments for
Swine Waste Management Plan
for C.V. Floyd Farm being purchased by Johnny Ward
Dear folks,
Following is the beginning of a formal waste management plan and
document which will eventually be required by all operators of larger swine
farms. The waste management plan will never be completed until the
facility is closed. The plan is an ongoing, active and continual file of
information and data. These are preliminary comments concerning the
remainder of the plan that will follow. From the observations noted in this
letter, a working plan seems viable with proper management.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

Page 2
For further calculations and processing, soil test results for the application
fields will be assembled when all the reports are available. Results will be
entered into a computer worksheet for more detailed fertility
recommendations on the crop application fields. As data continues to be
collected, such as lagoon effluent nutrient content, assumptions or "book"
figures are replaced and recalculations performed.
Land Area
The 23 acre cropland associated with the facilities is not near enough
capacity to handle waste generated from the swine, grower (feeder) to
finish enterprise. The enclosed publication, "Soil Facts, Swine Manure as a
Fertilizer Source", Table 6, yields the calculation of 6,500 head of feeder to
finish animals with anaerobic lagoon liquid requiring 150 acres (6,500 X
.023) when 100 pounds of nitrogen per year is broadcast onto crops. The
acres required for the same go to 240 if all the effluent spray were
immediately disked into the soil, which will not be the case with corn and
winter crops. If crop uptake of nitrogen goes to 200 pounds/year then only
78 acres would be needed for broadcasting the swine effluent. Remember,
the table uses "book" values for the nutrient content of the lagoon effluent
and acres need adjusted according to actual waste analysis results. The
most recent analysis reveals a lower nutrient content than book values and
would require less acres. Continue to analyze lagoon effluent for nutrient
content, two to three times a year.
Other available acres of David Walton are 75 acres just beyond the 23
acres with the facility, and 57 acres on the other side of the facility (marked
on map). There is also 67 acres across the highway if needed.
Lagoon Storage -Treatment
Having sufficient acres available, lagoon size determines the storage
capacity of swine effluent so it may be applied to crops in a timely manner.
Three methods of measurement were used to calculate surface area of the
lagoon. The result was about 10 acres. Measurements are needed to more
accurately arrive at an average depth for the entire lagoon, but 9 feet is the
average used for these volume calculations, recognizing that some areas
may only be 5 feet and other areas of the lagoon approaching 14 feet in
depth.
For the land area and storage calculations, the maximum capacity of 6,500
head for existing buildings was used. This is an average weight of 135-145
pound animals ranging from 50 pound feeder pigs to 240 pound finished

Page 3
market hogs. It is realized that four of the buildings will not be put into use
soon due to repairs, but the maximum head was used for volume
calculations.
Attached worksheets prepared with the assistance of Extension
Specialist, Dr. James Barker, suggest that the existing lagoon can provide
well over the 180 days, or six months of storage capacity usually
recommended for good crop application timing. This accounts for required
one foot of freeboard to be maintained at all times and provisions for the
one foot, 25 year124 hour storm water storage. The attached lagoon profile
shows a minimum of 5 feet average be maintained in the lagoon for
treatment volume (4 feet) and sludge accumulation (1 foot). Sludge
accumulation over a 12 year period should be accommodated in the bottom
one foot. Realize that sludge may actually buildup closer to pipe inlet areas
and not so much on the other side of the lagoon. Again, these calculations
are based on an overall lagoon depth of 9 feet and surface area of about 10
acres. Actual depth measurements can refine these volume calculations.
It is advised to mark the maximum and minimum levels on the side of the
lagoon for planning and monitoring when to begin and when to cease
pumping. Do not pump lagoon below the minimum level. A minimum
amount is always needed for continued bacterial action. The lagoon looks
good, now, with a red color indicating good bacterial action. No floating
sludge or particles are present that indicate a problem. Following guidelines
will prevent a lagoon shutdown where sludge builds up and the water turns
black.
I make no claims as to the structural integrity of the lagoon walls. Much
work has been done to shore up the lagoon and the resulting trench around
the lagoon may act as a catch moat for any seepage or runoff. The ditch
drains into canals so the quality of water in the ditches should be
monitored. For professional advice concerning the physical character of the
lagoon, periodically consult an engineer to inspect for problem areas such
as seepage.
Checkin Water
Water screening for nitrates from two wells on the farm revealed no
nitrates, one possible indicator of animal waste (among other sources)
getting into groundwater. A screening or test should be performed two to
three times a year to create a historical record of water analysis results.
Nitrate screening or testing can also be conducted on the water in canals.

Page 4
Soils
The soils for the crops around the site are figured into computer
calculations along with soil test results and the type of crop grown. The
soils to the south and west are Coxville loam. These are nearly level so
erosion shouldn't be a problem. They are poorly drained and permeability is
slow. Water can pond on these soils. As a result, the application fields are
subsurface tiled drained for good crop production. In my mind, tiled drained
fields are then similar to sandy soils; apply to much water than the soil can
hold, and it will drain down and leave the site. Not good when it is carrying
nutrients with it. If nitrates reach the tiled area in the soil profile (about 2
feet), then they are already below the plant root zone.
There is also some Byars loam around the application fields which has
similar characteristics to Coxville. Also mixed around the fields is some
Goldsboro loamy sand, an improved soil for row crop production.
Effluent Application - Irrigation
When calculating application rates, history of crop yields are most beneficial
that using book values. Because of drainage and improved fertility
management practices, higher yields should be achieved. We will rely on
David Walton's field yield records to calculate maximum nutrient loading
rates.
Schedule spraying according to predicted weather, current soil conditions
(saturation), crop stage and temporary lagoon storage.
Generally, less than an acre inch (can measure with rain gauges) of water
should be applied in one day. Certainly not in a few hours. Most soils can
only soak in less than 114 inch of water in a few hours at a time. Ponding
will result and with a saturated soil and drain tiles or surface runoff will
carry the excess away. Use rain gauges as a back-up to equipment
calculations and readings so exact amounts applied will be known.
It looks as though a rotation of 70-80 acres of application field will be
needed each year for maximum capacity. Plan irrigation equipment needs
to minimally reach those acres year round. Some example application
records are also included for recording spray dates and amounts.
Cropping
Since plenty of land is available, work with David Walton on application
areas designated for a growing season. When we enter the data into the

Page 5
computer for calculations, we will know exactly how many acres are
needed for a year of application based upon soil samples, the crop and
nutrient content of the lagoon effluent. Corn can be used as the main crop
for application but some winter cover crop of small grains will be needed for
fall and late winter applications. Two years of corn and application, then
moving to another area would work out well. Computer calculations will
account for residual nutrients that are slow released and become available
in the following years. Rotating fields is a good practice to avoid buildup
and reduce any potential problems.
Sum
The acres available, crops to be grown, storage and treatment volumes of
the lagoon and nutrient content of the effluent all seem to be well within a
working management scheme of appropriately handling the swine waste as
a resource. We will run calculations on a computerized nutrient
management program to form final recommendations for crop application
and print out the computerized nutrient management plan that you will
forward to DEM. Call if you have questions.
Sincerely,
6
James Cochran
Agricultural Extension Agent
Enclosures: Soil Facts, Swine Manure as a Fertilizer Source
Volume Calculation Worksheets and
Lagoon Storage Profile
Farm Service Agency and Soil Maps
Swine Waste Management publication
Water Quality and Waste Management publication
Spray Application Record examples
(some enclosures sent only to addresses)
cc: Eric Hickman, BB&T
Michael Wicker, DEM
Ricky Revels, DEM

FEB-28-96 WED 19:04 NCS0 Eli) & AGRI ENG FAX NO. 9195156772 P.03
Calculating Amount of Swine Finishing Lagoon Liquid
The amount of liquid to be irrigated from swine finishing production farm lagoons can be
estimated by the following method. The amount is dependent on the amount of fresh
water used; lagoon size, surface area and sealing; and local climate.
a. Number of animals production facility capacity :
b. Days per year animals in production facility:
c. Average pounds live weight per animal:
d. Lagoon liquid surplus:
manure and urine:
excess fresh water :
lagoon surface rain surplus:
total :
e, 'Total farm lagoon liquid surplus :
no. animals (a) x gals/hd/year (d)
f. Divide gallons by 27154 to get acre -inches :
gals/year (e) T 27154
TYPICAL ACTUAL
1000 SOa oO
333
135 4-
------- gals/head/year-------
ins14 7 x 450
300 3ZZ
175 175
925 9 g0
----------- gals/year -----------
92500© tp370, oa
------acre inches/year------
34 235
9
4 Joon_ `te.mforary So"Ie CA. ac4 1
(0 370 ODO x iz 3, �5, DOD 9 aj S
t �
on` �s ��370 DOZ) x _ 4-; 7771 SOD a s
�a, oon `ire m eh`f c.0 a c i 4;y q s 7 O5D 3 7
lb x 74� , q
,i
y ears
0, 574 x 7. 4 9
6S4D �

ur'ba ce area = 45o 4 x 75oI =. 9', S uLcres
/ -r-t Frrce.b t) arrt
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0 93, 4+2- j d is T E-1 Jn f Sao rl�
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/ ft = 3, 05.Z, 7�q 9a�1 > q mo!� ` en OK
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MUZ11111210 &r l
i'
Mr. James L. Floyd, Owner
C. Vernon Floyd Jr. and Son, Inc.
Route 1, Box 124
St. Pains, NC 28384
Dear Mr. Floyd:
C).E H N F =1
July 5 1995
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
R6beson County
File No. CD 95-05
This letter transmits notice of a civil penalty assessed against C. Vernon Floyd Jr, and Son, Inc, in
the amount of $1381.72 including $381.72 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 pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
131n
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition mast be served on the Department as follows:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within thin days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Linda Forehand at [phone],
extension 526.
Sincerel ,
12-
A. Preston Howard, Jr., P.E.
fal
ATTACHM04TS
cc: Fayetteville Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ROBESON
File No. CD 95-05
IN THE MATTER OF }
C. Vernon Floyd & Son, Inc.- CAFO }
} FINDINGS AND DECISION
FOR A VIOLATION OF ) AND ASSESSMENT OF
CIVIL PENALTIES
G.S. 143-215.1(a)(1) )
MAKING AN OUTLET INTO )
WATERS OF THE STATE )
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, A. Preston Howard, Jr., Director of the Division of
Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. C. Vernon Floyd and Son, Inc. is a corporation organized and
existing under the laws of the State of North Carolina and
operates an animal feeding operation located on NCSR-1933 near
St. Paulo, in Robeson County, North Carolina.
B. On May 18, 1993, prior to facility designation, DEM staff
observed a discharge of wastewater from an animal waste lagoon
entering an unnamed tributary to Ten Mile Swamp, a tributary
to Big Swamp, of the Lumber River Basin.
C. In a letter dated August 10, 1993, the Director, Division of
Environmental Management (DEM), notified you by certified mail
that said animal operation had been designated a "Concentrated
Animal Feedlot Operation" (CAFO) in accordance with 15A
NCAC 2H.0122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all discharges of animal waste to waters of the
State must be permanently eliminated within 60 days or
an application for a National Pollutant Discharge Elimination
System (NPDES) permit must be submitted.
E. The Director's letter also stated that the CAFO designation
could be contested by filing a petition for an administrative
hearing in the Office of Administrative Hearings (OAH) within
30 days of receipt of the designation letter.
F. You neither applied for an NPDES permit nor petitioned for an
administrative hearing to contest the CAFO designation.
G. On October 21, 1994, personnel from DEM's Fayetteville
Regional Office inspected the animal operation and observed
animal waste had entered a ditch through the field's
underdrain system and entered Ten Mile Swamp, a tributary to
Big Swamp in the Lumber River Basin.
H. The unnamed waters of Ten Mile Swamp are classified as Class
"C-Swamp" waters of the State.

II.
I. On November 18, 1994, the DEM Regional Supervisor sent you a
Notice of Violation stating that discharging animal waste
without a permit was a violation of G.S. 143-215.1. The Notice
advised you that an enforcement action was being prepared
against this operation.
J. The costs to the State of the enforcement procedures in this
matter totalled $381.72.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. C. Vernon Floyd and Son, Inc. is a "person" within the meaning
of G.S.143-215.6A and G.S.143.212(4).
B. Unnamed tributary of Ten Mile Swamp constitutes waters of
the State within the meaning of G.S.143-215.1(a)(1) and
G.S.143-212(6).
C. C. Vernon Floyd and Son, Inc. Hog Farm, a properly designated
CAFO, was required to obtain a NPDES permit prior to
discharging animal wastes into waters of the State.
D. The C. Vernon Floyd and Son, Incorporation's discharge of
animal waste into waters of the State without a permit on or
about October 21, 1994 was a violation of G.S.143-215.1(a)(1).
E. A civil penalty of up to $10,000.00 per day of violation may
be assessed pursuant to G.S.143-215.6A(b).
F. The State's enforcement costs in this matter may be assessed
against C. Vernon Floyd and Son, Inc. pursuant to
G.S.143-215.3(a)(9) and G.S.143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant
to delegation provided for by G.S.143-215.6A(h), has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION:
Accordingly, C. Vernon Floyd and Son, Inc. is hereby assessed
a civil penalty of:
for making an outlet into waters of the
State in violation of G.S.143-215.1(a)(1).
$ ` ¢a'�- d-V TOTAL CIVIL PENALTY, which is /O
percent of the maximum penalty authorized
by G.S.143-215.6A.
$_381.72 Enforcement costs.
$ / 3el 7 Z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount
of the penalty I have considered the factors listed in
G.S.143B-282.1(b), which are:

(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect.an ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The -cost to the State of the enforcement procedures.
!0 30 /yq 00, A.
Dat ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, , the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter
and does stipulate that the facts are as alleged in the assessment document.
This the day of .19
BY
ADDRESS
TELEPHONE

State of North CarolinaRIF
Department of Environment,
Health and Natural Resources •
Fayetteville Regional. Office
James B. Hunt, Jr., Governor ft
p � H N R Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 18, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Floyd, Owner
C. Vernon Floyd Jr. and Son, Inc., CAFO
Route 1, Box 124
St. Pauls, North Carolina 28384
SUBJECT: NOTICE OF VIOLATION
NC General Statute 143-215.1(a)(1)
Making an Outlet to Waters of the State
by Allowing a Discharge from an Animal
Waste Management System
C. Vernon Floyd and Son, Inc. Hog Farm,
CAFO, Near St. Pauls
Robeson County
Dear Mr. Floyd:
An inspection conducted on the afternoon of Friday, October 21, 1994, by
a staff member of this office revealed that wastewater from your swine
facility had indirectly entered surface waters of the State. It was the
inspector's opinion that wastewater had been applied at a greater than
agronomic rate onto an adjacent field or section of field in such a manner
that wastewater entered a ditch through the field's underdrain system, which
eventually enters Ten Mile Swamp of the Lumber River Basin. This determination
was based on the fact that no overland flow was found. It was observed that
wastewater was entering the ditch approximately 20 yards up -gradient from
where the irrigation pipe crossed the flowing ditch to said field. In
addition, it should be noted that no cover crop had been planted at the time
of this inspection. Such a discharge is in violation of North Carolina General
Statutes governing wastewater disposal. By allowing this discharge to take
place, you have effectively made an outlet into waters of the State without
the appropriate permit, - violation of NC General Statute 143-215.1(a)(1).
This violation subjects you as the owner to the enforcement authority of the
Environmental Management Commission and possible assessment of additional
civil penalties, possibly up to $10,000 per day of violation.
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal opportunity Affumative Action Employer 50% recycled/ 10% post -consumer paper

Mr. James L. Floyd
Page 2
November 18, 1994
The purpose of this letter is to advise you (1) to take immediate action
to eliminate this discharge; and (2) that another report is being prepared and
forwarded to our Enforcement and Compliance Group. This report will detail the
most recent discharge and very likely result in assessment of a possible civil
penalty. Recent guidance on these matters leaves us no alternative but make
such a recommendation. You will be advised in the near future of the decision
in this case. Also, you will soon be receiving correspondence reauirina you to
submit an approved and certified waste management elan, providing specific
details concerning waste disposal. Failure to do so could subject you to still
further enforcement a t o .
Should you need additional information or clarification concerning this
matter, or if this office can be of assistance, please contact either Mr.
Michael Wicker, Regional Water Quality Supervisor, or Mr. Ricky Revels at
[phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
RTS/MW/RR/rr
Attachment - Inspection Form
cc: Regional Water Quality Supervisor
Edward Holland -Robeson County Soil and Water Conservation
Everett Davis -Robeson County Agriculture Extension Service
Hugh Cole -Robeson County Health Department
Steve Bennett -NC Division of Soil and Water Conservation
Planning Branch-DEM
Operations Branch-DEM

IRSPBCTION F MK FOR OPSRATIOKS
1. Date of Inspection: October_21, 1994
2. Regional Office: Fayetteville
3. Name of owner of Property: C. Vernon Floyd Jr. and Son. Inc.
4. Name of Operator: Mr. James L. Floyd
S. Address: Route 1, Box 124
St. Paulo. North Carolina 28384
6. Phone Number: [phone]
7. Description of Facility Location: Travel US. HKX 301 South from
-St. Paulo, go avnro_x. 2 miles, turn left onto NCSR 1936, co approg.
1 mile turn left onto NCSR 1937 o less than a mile take right
onto NCSR--1933, facility is located on left.
8. Date this facility began operation: 1975
9. Date of last expansion: Approximately 7-10 Years —ago.
10. Has the facility registered with DEM? Yes _X_ No
If yes, date registered 12/27/93
11. Does the facility have an approved Animal Waste Management Plan?
No, not at this time.
Is one required? It is this offices intention to require one
within a limited time frame upon notification by the Director.
12. Has this facility received a CAFO Designation? X&I
Date issued: August 10. 1993
13. Type of operation: Topping operation; However, farrowing operation
takes place elsewhere.
14. Number and type of Animals: 6500 swine capacity.
15. Length of time animals have been, are, or will be stabled, or
confined and fed or maintained in any 12 month period. 12 Months
16. Are crops, pasture, or post -harvest residues sustained in the
normal growing season over any portion of the lot or facility?
Yes.
17. Type of waste management: The animals kept at this facility are
confined in houses with slotted floors over flushing nits. Waste is
flushed from the floor pits_ into a single -cell lagoon, where it
continuously recycled.

18. Description of other animal operations in immediate vicinity and
proximity to same or other surface waters: MIA
19. Proximity of facility to neighboring houses, wells, etc.: None
within 1 500 company owned dwelling mobile home is located
approximately 300 feet from the closest confinement house.
20. Approximate depth to groundwater table in the area of the facility
or discharge: 6 feet (estimated)
21. Proximity of facility to surface water (provide name and class of
surface waters): This faCilitV is located immediately adjacent
to a ditch which drains approximately 1500 feet into Ten Mile
Swamp. class "C" waters in the Lumber River Basin,
22. Animal waste discharge (including photos and witnesses names,
addressee, telephone numbers and statements of fact).
Photo's taken on the afternoon of Friday, October 21. 1994 did not
develop. Additional photo's are attached that were taken on
Thursday, October 27, 1994.
23. Are pollutants discharged into the waters of the State? If so,
how? (directly or by man-made ditch, flushing systems, or other
similar man-made device): In this case Pollutants that were land
applied leached through field soils (indirectly) to field's
underdrain (stormdrain french) system, which eventually entered a
man-made ditch, along with the addition of rain water from a less
than 25-year, 24-hour storm event_.
24. Do or have discharges occurred in response to a storm event less
severe than the 25-year, 24-hour storm? (If yes, include a brief
listing of incidents and suspected causes.)
The discharge was indirectly --caused by the 6-inch storm event
that occurred the week of October 21, 1994. It is believed that the
rain event should have some bearing, since the waste was applied to
a saturated field by a direct pipe method without the use of a
reelgun in order to- prevent_ overtopping the lagoon. The manner by
which this waste was land applied led to a discharge from the
underdrain vstem.
25. What is 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? No damages have been documented as a result of
this violation, although the stream standard for Dissolvedoxygen
was below the minimum instantaneous value on the day of the
investigation.
26. What is the duration and gravity of the violation? Based on
follow-up spot check inspections conducted on;Mondav, Tuesday, and
Thursday. October _24.25 ,& 27 observations indicate that the
discharge had occurred for 1-2 days_The potential for serious
short term water quality impacts did_ exist.

27. Water Quality Assessment: {Include description of sampling, field
measurements, visual observations and slope and vegetative cover of
land adjacent to water, extent of rainfall and other factors
relative to the likelihood or frequency of discharge of animal
wastes and process wastewaters.} The effect on ground or surface
water quantity or quality or on air quality:
Surface water quality showed a D.O. reading of less than lmgf i„on
the afternoon of Friday, October 21 1994. A follow-up insnection
conducted on Monday-_Optgber_24, 1994_for the purpose of collecting
samples revealed that Ten Mile Swamp had cleared -up. therefore no
samples were collected. No effects on around water, or air quality_
were determined as a result of thiR event.
28. What is the cost of rectifying the damage? None
29. What is the amount of money saved by noncompliance? None
30. Was the violation committed willfully or intentionally?
Yes _ No _% Explain: Due to the lack of freeboard in the
lagoon the facility chose to land _apply the waste to a satuated
field rather than risk overtopping the lagoon during the rain
gvent. The Facility Manager was out of town and the Owner was
recovering from suraer which -led to a lack of supervis.on of the
application procedures. Since the reelgun was not used „the waste
was rived directly to the field. The manner in which the wastewater
was applied resulted in nnndina that led to a discharge through the
frenchdrain system located 1-4 feet below the surface of the field.
31. What is the prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority:
C. Vernon Floyd and son,._Inc. hog farm was designated a
concentrated animal feeding operation on Auaust 10, 1993. The
designation was a result of a complaint investiaation conducted on
May 18, 1993. The desigLnation investigation revealed that the
single -cell lagoon had beaun to allow wastewater to seems through
the base of it's dike wall. This seepage problem was quickly
resolved by the cor2gration, in instituting a major dam repair
proiect, to the amount of approximately $8,000 dollars. The
corporation was very cooperative, and helpful with DEM personnel n
the investigation of this designation process. During the
designation no enforcement action was taken by the Fayetteville
Reaional Office as a result of encountering such mitiaatina
ircumstances.

32. What is the cost to the State for the enforcement procedures?
Costs to the State are as follows:
Investigator Rate/Hour No. Hours Cost
Ricky Revels $16.34 _ 12 $196.08
Supervisory Review
Michael Wicker $24.48 1 $24.28
Kerr T. Stevens $31.36 1 $31.36
Transportation State Vehicle 150 miles @ .20/mile $30.00
Laboratory fees N/A N/A
Attorney Generals Office Review 5100.00
TOTAL COST $382.72
33. Type or general nature of business: The -Floyd and Son, Inc. Hog
farm is a,privately owned swine farm.
34. What is the violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance?
1,�thougih_C. Vernon Floyd-jand Son hog farm -has been found in
violation resulting in being designated a CAFO, it has always been
extremely cog erati a in cQrrecting eveKy gituation. Since the
discovery of the most recent discharge, Mr. Floyd has been in
contact with the local agriculture agent to formulate an
approvable_waste mMagement plan, along with educating all company
employees about proper waste management equipment. As a- result of
the follow-up inspections, the most recent discharge was eliminated
soon after discovery_
35. Are there any mitigating Circumstances: As -previously stated Mr.
Floyd has already commenced efforts toward obtaining an_approved
waste management nlga. Other than this, there are no known
mitigating circumetAnces,
36. Assessment Factors:
a. IWC: NIA
b. Receiving Stream: Ten Mile Swamp, Class "C" waters Lumber R v r
Basln
c. Damage: Y/N If yes, include report from WRC: No damage report
was noted in that no dead fish observed as a result of the D.O.
reading of.7 mall which -is estimated to have lasted approximates
1-2 days.
37. A copy of the April 30, 1993 Designation letter is attached.
(See attached)

38. Recommendations made to Owner/Operator: Discontinue discharge if
ossible do not resume future land a licatio actices without
using, the reelgun, determine location of french drains, obtain, an
approved waste management plan through the groper agencies with
added provisions for said french drains not Previous di covered.
39. Recommendations for further DEM Action: The facility will be
re -inspected. Operation should be required to obtain a certified
waste manaaement_Pldn. Enforcement action is possibly warranted.
A enforcement package is being resented to the DEM Director for
his review and consideration.
40. other comments: It is the opinion of the inspector by virtue of
this inspection that C. Vernon Floyd Jr. and Son. Inc. did not _know
that the wastewater had entered the field's underdrain system, as
was .gtated by Miss Louise Inman, Office Manager. C. Vernon Floyd
Jr. and Son, Incorporated.

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
e��
1DEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 16, 1996
Louise Inman
C.V. Floyd & Sons Farm
P.O. Box 326
St. Pauls, NC 28384
Subject: Certification of Floyd Farm
Dear Ms. Inman,
As per our conversation on 4/16/96, the waste management plan
developed by Mr. James Cochran of the Robeson County Extension
Service, has been recently reviewed and accepted as adequate by
this office. At this point, a copy of the proposed plan has been
forwarded to the Central DEM office in Raleigh and it is the
understanding of this office that another copy of the plan will be
delivered to Mr. Ed Hollings of the Robeson County Soil and Water
Conservation Office in order for the plan to be officially
certified. It was also discussed that an inspection of the farm
will be scheduled in the near future so that it can be confirmed by
this office that the plan is being followed and the initial non-
compliance issue can be resolved. Please do not hesitate to call
me at [phone] if you have any questions concerning this
matter.
Sincerely,
Ed Buchan
Environmental Engineer
Wachovia Building, Suite 714, Fayetteville NOFC FAX[phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

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A7--A
NCDENR
Beverly Eaves rdue RECEIVED
Governor OR 0 9
it of Environment and Natural Resources
ivision of Water Quality
Coleen H. Sullins
Director
ON-FA1fE1TeULUffiMM I April 7, 2009
CERTIFIED MAIL # 7002 2410 0003 0273 8629
RETURN RECEIPT REQUESTED
John R. Ward
Ward Farms, Inc.
307 Londonderry Drive
Lumberton, NC 28358
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 78-0024
Robeson County
File No. DV-2007-0022
Permit No. AWS780024
Dear Mr. Ward:
Dee Freeman
Secretary
. r
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 $3,948.49.
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), reference the case number on the check, and send
it 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
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Ralegh, North Carolina 27604
Phone: [phone] FAX: [phone] ti Customer Service: 1-877-623-6748
Internet: www.ntwaterquality.org
An Equal Opporwnity t Affirmative Action Employer
ne
NoithCarolina
Nawally

Page 2
If payment is not received within 30 days from your receipt of this_letter; your -request for
remission with supporting documents and the Division of Water Qualityt s recommendation to
deny the request will be delivered to the Committee on Givil Penalty Remissions for, final agency
decision. '
- t
If you' or your representative would like to speak before the'Co `rbiniitee.-you"musficomplete 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].
Sincerely,
Coleen H. SVlli(ns
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Ricky Revels, FRO w/ attachments
File # DV-2007-0022 w/ attachments
APS Central Files w/ attachments

Memorandum
To: Coleen H. Sullins
Through: J. R. Joshi/Keith Larick q,
From: Art Barnhardt, Fayetteville Regional Office Supervisor
Ricky Revels — Fayetteville Regional Office
Date: January 30, 2009
Re: Remission Request for John R. Ward / Ward farms, Inc.
Enforcement Case DV-2007-0022
61031;F/'Lm
A civil penalty of $3,948.49 was assessed against John R. Ward for discharging hog
waste to a ditch that drains to surface waters and failing to notify D WQ of the non
compliance event.
CASE BACKGROUND
Julv 16, 2007-lnspection
FRO conducted an emergency inspection on July 16, 2007 due to a complaint received
regarding a wastewater discharge to a drainage ditch at the Ward farms, inc. The DWQ
inspection revealed:
That an un-permitted discharge of swine waste entered a unnamed tributary
of Ten Mile Swamp, which is Class C Swamp waters of the State within the
lumber River Basin. The discharge of swine waste was the consequence of
John R. Ward removing a beaver dam in the drainage system located adjacent
to his spray fields. The removal of the beaver dam occurred on or before July
14, 2007. Swine waste had left his waste management system as a result of
being flushed by the fresh water irrigation of his spray field.
2. No notification was made to the Fayetteville Regional Office within twenty-
. four (24) hours of becoming aware of the discharge.
September 16, 2008 - Sampling
Three samples were collected on the day of the inspection, September 16. As noted
above, the release and removal of the beaver dam, happened on or before July 14, 2007.
Therefore, the sampling was days after the release. See attached snap for sampling
locations. Note that the sampled identified as Upstream (#002) is not an upstream
sample, but a downstream sample of the spray fields tile drains.

Samples #001 and #003 were taken at about the same location and have similar
characteristics.
Fecal
Total
Sample
Sample Description
Coliform
BOD
Nitrogen
#.
cfu/100
mg/L
mg[L
ml
001
Downstream (Beside complainant's
>6,000
40.1
21.4
garden)
Upstream on UT (Upstream of
3,900
<2.0
1.55
beaver dam; downstream of a spray
002
field under drain tile; blue stream
originates at Ward farm, no true
upstream)
003
Downstream; east side of BT Rd
>6,000
62.3
20.7
September 10, 2007 - NOV
An NOV was issued on September 10, 2008 citing violations of discharge and O & M
failure.
September 13, 2007 - Response to NOV
The response by John Ward was:
• Did not notify the RO because, he (John Ward) did not know there was a
discharge.
• There was a discharge from the spray fields because fresh water was sprayed on
the field after the waste application. The farmer sprayed the corn fields too
quickly because he was afraid of loosing the crop due to the drought. The fresh
water flushed out the tile drains.
• He (John Ward) did not know about the beaver dam in the ditch, and when he
discovered it, he cut it out. He did not think about the waste trapped behind the
dam.
September 2, 2008 — Assessment of Civil Penalties
A civil penalty of $3,948.49 including $1448.49 in investigative costs was issued to
Richard Conger for:
For discharging hog waste into waters of State ......... ....... ... $2,000.00
For failing to report the incident..............................................$500.00
Enforcement Costs............................................................$1,448.49
Total Civil Penalty............................................................$3,948.49
2

September 15 2008 — Justification For Remission Request
Three of the five factors (b, c, and d) were checked on the Justification form, and John R.
Ward provided a written response:
John R. Ward responded to the civil penalty assessment, saying that the discharge
was as a result of constant irrigation of tiled fields with regular water in an
extraordinary drought season that resulted in the flushing of waste through tiles. He
spent about one thousand dollars to pump out the area immediately and that he and
the farmer would take extra steps to prevent similar future occurrences.
See the 9/15/08 remission request for more details.
OTHER PENALTY FACTORS
Ward Farms, Inc. Farm has not been cited for any permit violations prior to this event.
REMISSION RECOMMENDATION FROM RO AND CO
Regional Office — The regional office recommends no remission.
Central Office - / V1 remission.
3

W A rEA
Q
�� y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 2, 2008
CERTIFIED MAIL, - # 7006 2150 0003 5466 4812
RETURN RECEIPT REQUESTED
Mr. John R. Ward
307 Londonderry Drive
Lumberton, North Carolina 28358
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 78-0024
Robeson County
File No. DV-2007-0022
Permit No. AWS780024
Dear Mr. Ward:
Coleen H. Sullins, Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against John R. Ward in the amount of $3,948.49
which includes $1,448.49 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:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Na" Carolina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intemet: httna/h2o.enr.state.nc.u� 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

John R. Ward
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.I(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:
J. R. Joshi
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

John R. Ward
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:
J. R. Joshi
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 J. R. Joshi at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Ricky Revels, FRO w/ attachments
File # DV-2007-0022 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ROBESON
IN THE MATTER OF ) File No. DV-2007-0022
JOHN R. WARD )
FINDINGS AND DECISION
FOR VIOLATION OF ) AND ASSESSMENT OF
GENERAL PERMIT AWG 100000 ) CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA )
GENERAL STATUTE 143-215.1 )
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:
FINDINGS OF FACT:
A. John R. Ward owns and operates Ward Farms, Inc., a swine operation located on SR
1933 in Robeson County.
B. John R. Ward was issued Certificate of Coverage AWS780024 under General Permit
AWG100000 for Ward Farms, Inc., on July 1, 2007, effective July 1, 2007, with an
expiration date of September 30, 2009. This permit does not allow the discharge of waste
to waters of the State.
C. Condition No. I. 1. of the General Permit AWG100000 states in part, "Any discharge of
waste that reaches surface waters or wetlands is prohibited except as otherwise provided
in this General Permit and associated statutory and regulatory provisions. Waste shall not
reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, direct discharge or through ditches not otherwise classified as state waters..."
D. Condition No. M.I3.a-i of the General Permit AWG100000 requires that the Permittee
shall report by telephone to the appropriate Regional Office as soon as possible, but in no
case more that 24 hours following first knowledge of any discharge to ditches, surface
waters or wetlands.
E. On July 16, 2007 DWQ staff responded to a reported citizen concern and thereby, staff
observed, sampled and photographed a non -permitted discharge of swine waste that had
previously entered a unnamed tributary of Ten Mile Swamp, which is Class C Swamp
waters of the State within the Lumber River Basin.
F. John R. Ward had no valid permit for the above -described activity.
G. The cost of the State of the enforcement procedures in this matter totaled1,448.49.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. John R. Ward is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4),
B. The affected unnamed tributary of Ten Mile Swamp constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S.143-212 (6).
C. The above -cited discharge constitutes making an outlet to waters of the State for purposes
of G.S. 143-215.1(a)(1), for which a permit is required by G.S.143-215.1.
D. John R. Ward violated Condition No. IIl.13.a-i of the General Permit by failing to report
a discharge.
E. John R. Ward 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 violates or fails
to act in accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against John R. Ward
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. 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,1 make the following:
IIL DECISION:
Accordingly, John R. Ward is hereby assessed a civil penalty of:
S .5-®D Q
a
van
S. 1,448.49
s 31,9 q y,
for violating Condition No. 1. 1. of General Permit AWG100000
by discharging animal waste into waters of the state.
for violating Condition No. 111.13.a-i of the General Permit
AWG100000 by failing to report by telephone to the appropriate
Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of any discharge to ditches,
surface waters or wetlands..
TOTAL CIVII. PENALTY
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S. l 43B-282. ] (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
/0
(Da e) Theo ore L. Bush, Jr., ection Chief
Aquifer Protection Section
Division of Water Quality

O�G0� WATF9Qr� _.
�. Michael F. Easley, Governor
William G. Ross Jr., Secretary
r SEP 19 2008 North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
DENR _ Fmi, - (T„ y { PC-`i ,r`ki. Us `r'I:% Division of Water Quality
September 17, 2008
Mr, John R. Ward
307 Londonderry Drive
Lumberton, North Carolina 28358
SUBJECT: Remission Request
Green County
File No- DV-2007-0022
Permit No. AWS780024
Dear Mr. Ward:
This letter is to acknowledge receipt of your request, on September 17, 2008, for
the 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.his decision in the
matter of your remission request.
Please call me at ([phone] if you have any questions.
Sincerely,
J. R. Joshi
Animal Feeding Operations Unit
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
Ricky Revels, FRO
File # DV-2007-022
APS Central Files (AWS780024)
t
Caroina
ura" y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephonc: [phone]
internet: www.ncwaterqualitv.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled710% Post Consumer Paper Customer service: [phone]

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September 17, 2008
Mr. John R. Ward
307 Londonderry Drive
Lumberton, North Carolina 28358
SUBJECT: Remission Request
Green County
File No. DV-2007-0022
Permit No. AWS780024
Dear Mr. Ward:
Michael F, Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
This letter is to acknowledge receipt of your request, on September 17, 2008, for
the 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 his decision in the
matter of your remission request.
Please call me at ([phone] if you have any questions.
Sincerely,
J. R. Joshi
Animal Feeding Operations Unit
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
Ricky Revels, FRO
File # DV-2007-022
APS Central Files (AWS780024)
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone:
Internet: www newatct uali .or Location: 2729 Capital Boulevard Raleigh, NC 27604 Fax 1:
Fax 2:
An Equal OpportunitylAifirmaNe Action Employer- 50% Recycled110% Post Consumer Paper Customer Service:
Na Carolina
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2007-0022 County: Robeson
Assessed Party: John R. Ward
Permit No. (lf.applicable): AWS780024 Amount Assessed. 8.3,948.49
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 cheek 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-282_1(b)
were wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in
the civil penally assessment document);
i/ (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);
V (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare foi);
(d) the violator had not been assessed civil penalties for anv previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of'the civil penalty will prevent you from performing
the activiries necessary to achieve compliance).
EXPLANATION_fattach additional paces as necessary,):

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
ENVIRONMENTAL MANAGEMENT
COMMISSION
I I THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
JOHN R. WARD ) STIPULATION OF FACTS
FILE NO. DV-2007-0022
Having been assessed civil penalties totaling S 3,948.49 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 iight 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 15
day of C-4 , 2008 .
SIGNATURE
ADDRESS
dt
Law ww
TELEPliON E

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF SOIL & WATER CONSERVATION
FAYETTEVILLE REGIONAL OFFICE
October 12, 2000
Mr. Johnny Ward
4911 White Oak Drive
Lumberton, NC 28358
SUBJECT: Operational Review Notice of Referral
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward,
On October 5, an Operational Review was conducted on Ward Farms, Inc.,
facility no. 78-24. This Review, undertaken in accordance with G.S. 143-215.10D, is one
of two visits scheduled for all registered livestock operations during the 2000 calendar
year. The Division of Water Quality will conduct a second site inspection.
During the Review, it was noted that three or four drainage pipes were located in
the lagoon wall last fall behind the lift stations. It was also noted that all the trees were not
removed according to NRCS standards. Mr. Ward needs to address all leaks on the hog
houses, collection boxes behind hog houses, leaks under tunnel fans. It was also noted
that the inside slope of lagoon and outside slope of the lagoon needed to be mowed for
rodent prevention and to check for possible seepage problems. Mr. Ward needs to
contact his technical specialist in regards to installation of a start and stop pumping
marker in lagoon based on storage calculations of lagoon and low point in lagoon. The
reason for the Notice of Referral Letter to Division of Water Quality is to pull samples in
ditch around lagoon due to drainage pipes located in lagoon wall behind lift station.
You are strongly encouraged to contact your certified technical specialist or
professional engineer for help. You may also want to contact your local Soil and Water
Conservation District Office since they may be able to provide you with additional
technical and/or financial assistance to implement corrective best management practices.
Please remember that in order for your facility to be in compliance with
environmental regulations, animal waste cannot be discharged into the waters of the
State, and the animal waste collection, treatment, storage and disposal systems must be
properly sized, maintained and operated under the responsible charge of a certified
operator.
223 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 26301-SO43
PHONE; 910-466-1541 FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr_ Johnny Ward
Re: Ward Farms, Inc.
Page 2
The Division of Soil and Water Conservation appreciates your cooperation with this Operation
Review. Please do not hesitate to call me at 910/486-1541 if you have any questions, concerns or need
additional information.
ce el
1
Scott Faircloth
Environmental Specialist 11
cc: Carroll Pierce, DSWC Assistant Director
Robeson Soil and Water Conservation District
Paul Rawls, Regional DWQ Supervisor
Brown's of Carolina, Inc.
DSWC Regional Files

Facility Number Date of Visit: 10-5-Z000 Time: 10:30 Printed on: 10/12/2000
p Not Up—erational p Below Threshold
p Permitted 0 Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold:. ........................
Farm Name: Ward.Farmsjnc...................... ............... County: Robeson............................................ ERO............
OwnerName: Jobr ay .................................. W.Arti........................................................... Phone No: 9.111-7.3.8,5.3g..........................................................
Facility Contact:Johnn7t.W.ard.................................................Title: O neir................................................. Phone No: J.1'Iobile.131b-039fi................
Mailing Address: A911..W. hlte.Oak.Drive...................................................................... Lumber.tan...Kc .................................................... 28358 ..............
Onsite Representative: Jnhnny.Ward............................................................................ Integrator: Brow.W.s.of£Carolina,.1nc............ ......................
Certified Operator:Jab.rtJahxL ....................................... W.ard ................................................. Operator Certification Number: 1871.6.............................
Location of Farm:
n the east side of NR 1933 approx. .2 miles south of its intersection with
® Swine p Poultry p Cattle ❑ Horse Latitude • �� �u Longitude . 9 Du
- Design
Current . Design Currents Curnt
_
Swine Capac►ty -44 t} Population Cattle Capacity
,Population
y 'oultry
_-Population -.
-
❑ ayer
_ -
13 Non-LayerBOOM
T _ -.
p er
s r Total DESIIICapaClty v 6,500
L
=
ssLw ` 877,500 =
L
-
Number of Lagoons
- - ® u sur ace
s
rams resent 13 agoon rea ® pray ie rea
Holdmg Ponds l Solid`Traps'
- :<1370 LiquidWaste
Management System
❑ ean to ee er
13
® ee er to �s
p arrow to can
❑ Farrow to Fee er
p Farrow to Finish
❑ Gilts
❑ Boars
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? []Yes ®No
Discharge originated at: p Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes N No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 17 Yes N No
c. If discharge is observed, what is the estimated flow in gal/min? n/a
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes N No
2. is there evidence of past discharge from any part of the operation? Yes a No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? © Yes N No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? p Spillway
Structure 1 Structure 2 Structure 3 Structure 4
Yes ®No
Structure 5 Structure 6
Identifier:
Freeboard(inches): ........... .2D:?2............ ............................-.......................................... ..........

Facility Number: 78-24 1 Date of Inspection Printed on: 1 OI1212000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
N Yes
p No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
p Yes
® No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
® Yes
p No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
p Yes
® No
9_ Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
H Yes
0 No
Waste Application
10. Are there any buffers that need maintenance/improvement?
p Yes
® No
11. Is there evidence of over application? p Excessive Ponding p PAN p Hydraulic Overload
p Yes
N No
12. Crop type Corn (Silage & Grain) Wheat
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
N Yes
13 No
14. a) Does the facility lack adequate acreage for land application?
p Yes
p No
b) Does the facility need a wettable acre determination?
p Yes
0 No
c) This facility is pended for a wettable acre determination?
p Yes
13 No
15. Does the receiving crop need improvement?
p Yes
® No
16. Is there a lack of adequate waste application equipment?
p Yes
® No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
E3 Yes
p No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) p Yes N No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ® Yes p No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ®No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) p Yes p No
23, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? p Yes ® No
24. Does facility require a follow-up visit by same agency? p Yes N No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? p Yes ® No
N:o.viotatioilS:or' dieficien' ciies4erC:Ilnted _during. this visit.:Y0u''whi:receive' na further.
:•cofresOWdekc Aoirtthis:visit:..:.-.•.-:•.•.•.•:.•:•.•...-.•.::•:•:•:•:•::-.-.-.-:•:-. :
Reviewer/Inspector Name

!� ---
Facility Number: 78-24 Date of Inspection Printed on: 10/12/2000
Odor Issues
26.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
13 Yes
p No
liquid level of lagoon or storage pond with no agitation?
27.
Are there any dead animals not disposed of properly within 24 hours?
p Yes
® No
28.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
p Yes
® No
roads, building structure, and/or public property)
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
13 Yes
® No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
13 Yes
® No
31 _
Do the animals feed storage bins fail to have appropriate cover?
® Yes
p No
32.
Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover'?
[3 Yes
[3 No
= _
rown's of Carolina, Inc. for assistance.
19- Need to take waste sample of lagoon before next pumping event. Need to pull soil samples of all spray fields receiving waste
y 12-31-2000.
ote: Need to contact extension service concerning continual education hours for Operators License. Contact Beth Buffington in
Raleigh concerning hours in computer for DWQ database.
Tote: Three or Four Drainage pipes were noted in the lagoon wall last fall 1999. Notice of Referral will be sent to DWQ in regards
o pulling samples of liquid in•ditch around lagoon slope for possible seepage problems.
Note:."Mr. Ward is working with Larry Graham, Professional Engineer and Brown's of Carolina for technical support.
1- Feed under feed bins need to be properly, disposed of.

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
February 3, 1997
Johnny Ward
Ward Farms, Inc.
3530 Fayetteville Road
Lumberton, NC 28358
Subject: NOTICE OF DEFICIENCY
Improper Operation of Waste Management System
Ward Swine Farm (Reg. # 78-24)
SR 1937
Robeson County
Dear Mr. Ward:
This is to advise you that an inspection was conducted of your swine farm and the lagoon serving
this operation by Division of Water Quality (DWQ) staff from the Fayetteville Regional Office
on January 29, 1997. The inspection revealed that the waste handling system was not operating
properly and animal waste was being discharged from your facility.
During the investigation, it was documented that the pump station serving the #6 and #7 houses
was not functioning properly which resulted in the release of animal waste from the associated
flush pits into a nearby canal around your lagoon. The waste flow was traced by DWQ staff
during the inspection, and it was determined that animal waste did not reach surface waters of
the State. However, it has been confirmed that the canal around your lagoon does eventually
drain into Lee's Branch which is considered surface waters of the State. Had the waste from
your farm reached these waters, the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation and failure to comply with these rules
can result in civil and/or criminal penalties or the facility may be required to apply for an
individual nondischarge permit. In addition, the combined lagoon freeboard and storage level
was observed to be less than the mandatory 19 inches.
Wachovia Building, Suite 714, Fayetteville ���� FAX [phone]
North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Page 2
Mr. Ward
213/97
Consequently, the purpose of this letter is to advise you (1) To immediately lower the lagoon
level via spray application on a viable cover crop, (2) To immediately repair your flush pits and
respective pump station so that this problem does not reoccur, (3) To warn you that it is a
violation of North Carolina General Statutes to discharge to the surface waters of the State
without a permit.
It is requested that you forward to this office, at the address on the bottom of the previous page,
on or before February 20, 1997 a written statement indicating by what date your lagoon will be
in compliance and how you plan to prevent the pump station from failing. It is strongly
recommended that you contact Mr. James Cochran at [phone] for advice concerning this
matter.
It is also recommended that you contact this office upon receipt of this letter if you have any
questions. Please do not hesitate to contact either Mr. Tommy Stevens, Regional Water Quality
Supervisor, or myself at [phone].
Sincerely,
Ed Buchan
Environmental Engineer
cc: Sue Homewood - DWQ Facility Compliance Group
Chris Walling - DSWC-FRO
James Cochran - Robeson County Extension Office
Ed Holland - Robeson County NRCS Office

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State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
November 13, 2003
Mr. Johnny Ward
307 Londonderry Dr.
Lumberton, North Carolina 28358
SUBJECT: Operation Review Notice of Referral for
Ward Farms, Inc.,
Facility Number 78-24
Robeson County
Dear Mr. Ward,
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCES
On November 5, 2003, an operation review was conducted of Ward Farms, Inc., facility
number 78-24, in Robeson County. This review, undertaken in accordance with G.S. 143-
215.1 OD, is one of two routine site visits scheduled for all subject animal operations in 2003.
Staff from the Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following item was noted:
• The pull pits and lift station behind the set of houses to the left of the farm entrance
were leaking waste that appeared to be entering a diversion and eventually a ditch
around the lagoon.
It was for this reason that your operation was referred to the Division of Water Quality for
further investigation. G.S. 143-215.10E requires staff from the Division of Soil and Water
Conservation to notify the Division of Water Quality and the owner/operator of these observed
violations.
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
225 Green Street, Suite 714 I Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Mr. Johnny Ward
August 25, 2003
Page 2
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of thelksion of Soil and Water Conservation, I appreciate your cooperation with
this oper"r . Please do not hesitate to contact me at 910486-1541 if you have any
questions, concerns. or need additional information.
Sincerely,
Trent Allen
Environmental Engineer
cc: Paul Rawls, Division of Water Quality
Dana Ashford, Robeson Soil & Water Conservation District
Carroll Pierce, Division of Soil & Water Conservation
Kraig Westerbeek, Murphy Brown, LLC
225 Green Street, Suite 714 / Systei Bld. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Technical Assistance Site Visit Report
Division of Soil and Water Conservation
O Natural Resources Conservation Service
O Soil and Water Conservation District
O Other...
Facility Number 7$ - 24 Date: 1115103 Time: 1 9:45 j Time On Farm: 75 FRO
Farm Name Ward Farms, Inc. County Robeson Phone: [phone]
Mailing Address 307 Londonderry Dr. Lumberton NC 28358
Onsite
Representative NO SHOW Integrator Murphy Brown
Type Of Visit Purpose Of Visit
® Operation Review
❑ Compliance Inspection (pilot only)
❑ Technical Assistance
❑ Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine []Poultry []Cattle ❑ Horse
p Routine
O Response to DWQ/DENR referral
Q Response to DSWC/SWCD referral
O Response to complaint/local referral
p Requested by producer/integrator
O Follow-up
O Emergency
0 Other...
Design Current Design Current
Capacity Population Capacity Population
[I Layer
❑
El Wean
to Feeder
® Feeder to Finish
ssoo
❑ Dairy
❑ Non -Dairy
❑ Other
GENERALOUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ® yes ❑ no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ® yes ❑ no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ❑ yes ❑ no
requiring DWQ notification?
b. Is there evidence of improper dead animal disposal that poses a threat to the environment ® yes ❑ no
and/or public health?
S. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structure1 Structure 2 Structure 3 Structure a Structure 5
Identifier
Level (Inches) 27
CROP TYPES Fmall grain overseed
SPRAYFIELD
SOIL TYPES
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03
❑ Other
GENERALOUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ® yes ❑ no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ® yes ❑ no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ❑ yes ❑ no
requiring DWQ notification?
b. Is there evidence of improper dead animal disposal that poses a threat to the environment ® yes ❑ no
and/or public health?
S. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structure1 Structure 2 Structure 3 Structure a Structure 5
Identifier
Level (Inches) 27
CROP TYPES Fmall grain overseed
SPRAYFIELD
SOIL TYPES
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03

Facility Number 78 - 24 Date:
11/5/03
PARAMETER
Q No assistance provided/requested
® 8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
25. Waste Plan Revision or Amendment
El
❑
El 10. Level in structural freeboard
Plan Conditional Amendment
❑
❑
❑ 11. Level in storm storage
26. Waste
27. Review or Evaluate Waste Plan wlproducer
❑
❑
❑ 12. Waste structure integrity compromised
28. Forms Need (list in comment section)
❑
❑
013. Waste structure needs maintenance
29. Missing Components (list in comments)
❑
❑
[114. Over application >= 10% & 10 lbs.
❑
❑
❑ 15. Over application < 10% or < 10 lbs.
30. 21-1.0200 re -certification
❑ 16. Hydraulic overloading
31. Five & Thirty day Plans of Action (POA)
❑
❑
32. Irrigation record keeping assistance
❑
❑
❑ 17. Deficient irrigation records
[118. Late/missing waste analysis
33. Organize/computerization of records
❑
❑
❑ 19. Late/missing lagoon level records
34. Sludge Evaluation
❑
❑
❑ 20. Late/missing soils analysis
❑ 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
❑ 22. Crop inconsistent with waste plan
36. Sludge removallclosure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
❑ 23. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield conditions
38. Structure Needs Improvement
®
❑
39. Operation & Maintenance Improvements
❑
❑
49. Marker checklcalibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
® Referred to DWQ Date: 11-5-2003
42. Irrigation Calibration
❑
❑
❑ Referred to NCDA Date:
design/installation
❑
❑
El Other...
43. Irrigation system
Date:
44. Secure irrigation information (maps, etc.)
❑
❑
LIST IMPROVEMENTS
45. Operating improvements (pull signs, etc.)
❑
❑
MADE BY OPERATION
46. Wettable Acre Determination
El
❑
1
47. Evaluate WAD certificationlrechecks
❑
❑
48. Crop evaluation/recommendations
❑
❑
2.
49. Drainage worklevaluation
®
❑
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, stormwater diversion, etc.
❑
❑
❑
❑
3
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
❑
❑
4•
54. Mortality BMPs
®
❑
55. Waste operator education (NPDES)
❑
❑
5.
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6
58. Croplforage management education
❑
❑
59. Soil and/or waste sampling education
❑
❑
03/10/03

Facility Number 78 - 24 Date: i 115103
COMMENTS:
1,8 - The pull pits behind the set of houses to the left of the farm entrance and the lift station are leaking waste and appear to
be entering a ditch/creek and flowing around the lagoon and eventually leaving the farm.
- The pull pits and lift station look to have over flowed in the past draining into a diversion ditch around. the farm.
, 53 - There is a decomposed pig behind the houses to the right. Make sure to dispose of animals properly.
13, 38 - All pull pits are in dire need of maintenance and the lift station was running ( pump), but no waste was leaving the
discharge pipe. The walls of the lift stations shows signs of over topping. The pull pits have solid material 6 to 12 inches
above their tops with the pit pipes pulled.
- Around the houses there is a lot of water/ waste standing. Better drainage is'needed to keep water away from the houses)
determine if the pull boxes are leaking.
arm will be referred to DWQ for waste discharge and failure to show for review for 2 years in a row.
TECHNICAL SPECIALIST rent Allen
SIGNATURE
Date Entered: 11/13/03
Entered By: ITrent Allen
3 03/10/03

r
Murphy -Brown
Keuans«lle Division
Mmorandum
To: Jerry Hairr
From: Willie Cook
Date: 6 November 2003
Re: John Ward Farm
We have had ongoing problems which I have documented on numerous service reports.
I've talked to John Ward many times and have asked that he be placed on probation.
The letter is a step in our grower probation process.
Problems I've encountered on this farm are as follows:
1. Lack of grower involvement
2. Failure to pick up debris -- remove moldy feed from under bins and beside
houses
3. Flooded feeders
4. Leaking waterers — waterers not adjusted to pig shoulder heighth
5. Missed treats
6. Fall backs not being pulled
7. All dead hogs not taken to dead box daily (rotten hogs — hog parts and bones
in house)
S. Pigs in House 6 through 9 are filthy and wet
9. Sorry farm image, i.e. high weeds and grasses, that is easily seen as farm sets on
Blacktop Road
10. Missing hogs — I took him locks 5 weeks ago, as of 5 Nov 03, they were still
on the desk in the farm office
11. Hogs not properly ventilated
- Willie Cook

SERVICEMAN'S FIELDREPORT
Finishing Dept.
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Fayetteville Division
2592 Hope Mills Road, Fayetteville, NC 28306
(910) 864-19201(910) - 864-8774 fax
DATE RECD:
SAMPLED BY: _
DELIVERED BY:
REFERENCE I
SAMPLE DATE:
SOU st 1 03m"(11-1331
WORK AUTHORIZED BY:
ANALYSIS
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PAGE OF
i Hovd �LLQ�92016:XV? AIC �VE—MOUIW 1Hd SZ:H NOW U-Li-AON

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0� WA
ATFR Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
i6�w 7
Alan W. Klimek, P_ E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 24, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Johnny Ward
307 Londonderry Dr.
Lumberton, NC 28358
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2H .0217
Ward Farms, Inc.
Facility No. 78-24
Robeson County
Dear Mr. Ward:
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 and NPDES Permit.
On November 5, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located on SR 1933 in Robeson
County. SWC staff member Mr. Trent Allen was so concerned about the condition of the farm
that he immediately referred it to the Fayetteville Regional Office of the Division of Water
Quality. -Thew, Regional Office Supert�s`or, Nib Paul Rawls, and Environmental Tech.";lGli.
Hughic White, responded that day. Upon arriving at the facility they spoke with long time farm
worker, Stan Braddock_ He informed them that the facilities recirculation pumps were not
working and waste water had backed up in the houses. The waste 4wj�ter then began to leak
from the foundations and pull pits an various locations. TJw — o••• •'"�' �: r�''�-'•
/-
made aware of this the night before but no repair work had been � wt4a��
u� .�
Mr. Rawls telephoned M� and inquired about the pumps. Mr. Ward
just lost their prime and seslxe did not feel it was a serous matter. When questioned further N+t-
You WaM stated they probably were plugged with bones. re explained that when the pigs died in the
houses sometimes the other hogs pushed their bones throw h the slat openings and they would
plug the pump. This was part of h4explanation for the wastewater found-s4a*d4ttraround the
outside of the houses. DWQ staff also noted wastewater in the ditch behind the barns
�the lagoon The lift stations t
cy-ft+a CA_4�
i pa
E-0
N. C. Division of Water Quality 22� (ineen street Fayetteville, North Carolina 28301-5043 [phone] Fax 19i01486-0707 Customer Service
1-877-623-6748

Mr. Ward
11-24-03 nn
Page 2 r`
�P
not pumping wastewater at the tirne inspection, although t . The stations outer
walls were stained from waste a�rd'indica*vertopping had occurred in the past. This pattern
continued with the pull pits 2fevery house in need of maintenance. Each pit had solid waste
material six to twelve inches above their tops with the pit pipes pulled. They t o had stains
indicating past overflows. ad-eeewnd. The Permit under which this farm operates states that the
Regional Office will be notified of any failure of any component of the animal waste collection,
treatment, storage and land application system resulting in a discharge to surface waters or
wetlands. Additionally the permittee will file a written report within five days of such
occurrences. The Fayetteville Regional Office has received no record f a noiification. In
discussions with Mr.�avrd about the farm conditions stated 1 w;Iusy for the past several
months with other�}�business urs�ustts and had relied on Mr. Braddock to oversee the farm. It was
explained to MT7*apFd that owner and permittee assume ll responsibility for the
condition of this farm. The condition of the facility /s "`1� a and the farm will not be
allowed to operate without a significant improvement in the facility's waste handling structures
and its' management. The numerous permit violations documented by DWQ staff and the prior
compliance history of this facility demonstrate an level of negligence. In the future
the facility will be inspected more frequently than in the past. Groundwater provisions previously
instituted and required sampling under those provisions will be monitored closely for detail and
timeliness. Also the facilities recordkeeping was not in order. Records of applications, samples,
and lagoon levels must be taken as required by the N PDES Permit and failure to do so 0 again a 15 tk
violation of a permit condition. These violations of the permit are the reasons this office will
recommend enforcement to the Central Office.
The Division of Water Quality requests that the following items be addressed:
1. Improve recordkeeping by following permit guidelines for applications, samples, and
lagoon levels and use the new approved forms. Have the records up to date and at the farm
location and available for inspection.
2. Repair and maintain all deficient, leaking equipment that are components of the waste
collection, treatment, storage or application system in a timely manner. Specifically the
leaking foundations and pull pits. Improve drainage around the houses to relieve standing
water. Perform routine maintenance on pull pits and lift stations_
3. Assure the prompt removal and proper disposal of all swine carcasses that occur in your
facilities swine houses.
4. The permittee must be present at all future inspections of his facility.
5. Report any discharges to surface waters to the Fayetteville Regional Office within 24 hours
of first knowledge of the event and follow up as required by the permit.
o=A
NMER
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
l-877-623-6748

Mr. Ward
1 1-24-03
Page 3
Failure to comply with the above c,,G t 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 forwarding a
recommendation to the Director for consideration of enforcement for these violations.
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 events noted and why you feel that this office
should not proceed with recommendation for enforcement_ This office on or before Decemberl9,
2003 should receive this response. Information provided to this office will be reviewed and, if
enforcement is still deemed appropriate, your response will be forwarded to the Director with the
enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Larry Baxley, Environmental Specialist, or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Dana Ashford - Robeson Co. NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
>oy►1.�
NCDENR
N. C. Di%ision of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-0749

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