780059_CORRESPONDENCE_20171231

NORTH CAROLINA
Department of Environmental Qual

o f WAr�R Michael F. Easley, Governor
Q William G_ Ross Jr., Secretary
oi North Carolina Department of Environment and Natural Resources
j r i
14 2003 Alan W. Klimek, P. E., Director
--!
D I Division of Water Quality
January 13, 2003
Douglas Humphrey Facility Number 78 - 59
Douglas Humphrey Farm
4225 West MCDuffie Crossing Road
Lumberton NC 28360
Subject: Public Meetings for Draft Renewal of State Non -Discharge Animal Waste Operation General
Permits
Dear Producer:
Your animal waste management facility is scheduled to be issued coverage under the Animal Waste
Operation General Permits in the near future. The Division of Water Quality (Division) staff is currently
in the process of renewing the Animal Waste Operation General Permits and is scheduled to have the
permit reissued by early April 2003. Once the permit is reissued, your facility would be eligible for
coverage under the reissued permit.
The Division has published a public notice regarding these renewed general permits. A copy of
the draft animal waste operation general permits and fact sheets are available at the website
hftp://h2o.enr.state-nc.us/ndpu/
or by writing or calling:
Non -Discharge Permitting Unit
NC Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone number: [phone], ext. 574
The Division will be conducting public meetings regarding these renewed permits. The following is a
list of dates, times, and locations of the public meetings:
February 3, 2003; 7-9 p.m.; Kenansville — James Sprunt Community College
February 4, 2003; 7-9 p.m.; Williamston — Martin Community College (Bldg. 2 Auditorium)
February 6, 2003; 7-9 p.m.; Iredell — Iredell County Center
Further information can be obtained by reviewing the Fact Sheet available at the website and address
listed above.
Ce: tEayettev.We_-Regional_effice.,Division-of-Water Quality
Robeson Soil and Water Conservation District
Permit Application File 78 - 59
2o VvQ
iE6ENWR
Non -Discharge Permitting Unit Internet httpl/h2o.enr.nc.state.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
Customer Service Center Telephone [phone]
An Equal opportunity Action Employer 50% recyded110% post -consumer paper

State of North Carolina
Department of Environment •
and Natural Resources RECEIVED A&4
Division of Water Quality
JU11 5 200
James B. Hunt, Jr., Governor �AY�T7EV�.E
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director REG. OFFfC;E NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Douglas Humphrey
Douglas Humphrey Farm
4225 West McDuffie Road
Lumberton NC 28360
Subject: Application No. AWS780059
Additional Information Request
Robeson County
Dear Douglas Humphrey:
The Nan -Discharge Permitting Unit has completed a preliminary engineering review of the subject application Additional
information is required before we can continue our review. Please address the following by July 2, 2000:
1. Lagoon capacity documentation (design, as -built calculations, etc.) is missing in the permit package_ Be sure to include any
site evaluations, wetland determinations, or hazard classifications that may be applicable.
2. When utilizing soybeans in a crop rotation, residual nitrogen should be accounted for in the next crop. It appears that the
nitrogen residual from soybeans is not accounted for in the Waste Utilization Plan (WUP) submitted. Please contact your
technical specialist to review your Waste Utilization Plan (WUP) and revise the WUP to account for residual nitrogen from
soybeans, if necessary.
3. The WUP submitted calculates the amount of nitrogen produced in one year. However, it appears that the WUP uses a two-
year crop rotation. Your WUP should be revised so that the nitrogen produced and the nitrogen utilized by crops is
calculated for the same time period. Some options for revising the WUP include: calculating the amount of nitrogen
produced for a two-year period of time; revising your WUP to show waste utilization for Year One and Year Two of the two-
year rotation in separate tables, or showing a two- year crop rotation with corn and soybeans on half the acreage from each
field.
4. Operation and Maintenance Plan is missing for your lagoons.
PIease note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please
reference the subject permit application number when providing the requested information. All information should be signed,
sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted
on or before July 2, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and
your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation of
North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management
Commission.
if you have any questions regarding this request, please call me at [phone], extension 363.
Sin el
JR Joshi
Non-Disch _e Permitting Unit
cc: Fayetteville Regional Office, Water Quality
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Douglas Humphrey
Douglas Humphrey Farm
4225 West McDuffie Crossing Road
Lumberton NC 28360
Dear Douglas Humphrey:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RF-50URCES
December 30, 1999
RECENEU
i i�N 5 2000
FAYET i EVILLE
REG. OFFICE
Subject: Fertilizer Application Recordkeeping
Animal .Waste Management System
Facility Number 78-59
Robeson County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to Iand receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR], SLUR2,
SLD 1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
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 Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
SincL
/J
�r
Z�4Kerr T. Stevens, Director
Division of Water Quality
cc: Fayetteville Regional Office
Robeson County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recyde&10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director .
Douglas Humphrey
Douglas Humphrey Farm
4225 West McDuffie Road
Lumberton NC 28360
Dear Douglas Humphrey:
RECEIVED
NOV 2.3 1999
FAYETTEViL.LE
REG. OFFICE
November 17, 1999
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Application No. AWS780059
Additional Information Request
Douglas Humphrey Farm
Animal Waste Operation
Robeson County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application.
Additional information is required before we can continue our review. Please address the following by December 17, 1999:
1. Lagoon capacity documentation (design, as -built calculations, etc.) is missing in the permit package. Be sure to
include any site evaluations, wetland determinations, or hazard classifications that may be applicable.
2. When utilizing soybeans in a crop rotation, residual nitrogen should be accounted for in the next crop. It
appears that the nitrogen residual from soybeans is not accounted for in the Waste Utilization Plan (WUP)
submitted. Please contact your technical specialist to review your Waste Utilization Plan (WUP) and revise the
WUP to account for residual nitrogen from soybeans, if necessary.
3. The WUP submitted calculates the amount of nitrogen produced in one year. However, it appears that the WUP
uses a two-year crop rotation. Your WUP should be revised so that the nitrogen produced and the nitrogen
utilized by crops is calculated for the same time period. Some options for revising the WUP include:
calculating the amount of nitrogen produced for a two-year period of time; revising your WUP to show waste
utilization for Year One and Year Two of the two-year rotation in separate tables; or showing a two- year crop
rotation with corn and soybeans on half the acreage from each field.
4. Operation and Maintenance Plan is missing for your lagoons.
Please note that all VVUP revisions must be signed and dated by both the owner and the technical specialist
Please reference the subject permit application number when providing the requested information. All information
should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this
letter must be submitted on or before December 17, 1999 or the Division will return your application as incomplete in
accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation
of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental
Management Commission.
1617 Mail Service Center, Raleigh, North Carolina 27698-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Application No. 78-0059
Douglas Humphrey
Page 2
If you have any questions regarding this request, please call me aE [phone], extension 363.
Sincerely,
+ JR Josh -
Soil Scientist
Non -Discharge Permitting Unit
cc: Fayetteville Regional Office, Water Quality
Permit File

State of North Carolina
Department of Environment REQiFgtfED
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Wayne McDevitt, Secretary
Kerr T_ Stevens, Director
CERTIFIED MAIL
RETURN R—E—C—E _IFT REQUESTED
Douglas Humphrey
Douglas Humphrey Farm
Rt 10 Box 611
Lumberton NC 28358
Farm Number: 78 - 59
Dear Douglas Humphrey:
FAYE TTF��
June 22, 1999
,Tk:_?9
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENvIRONMENT AND NATURAL RESOURCES
You are hereby notified that Douglas Humphrey Farm, in accordance with G.S. 143-215.1 OC,
must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter,
your farm has sixty 60 days to submit the attached application and all supporting documentation. In
accordance with Chapter 676 of 1995 Session Laws (Regular Session 1996), Section 19(e)(2), any
owner or operator who fails to submit an application by the date specified by the Department
SHALL NOT OPERATE the animal waste system after the specified date. Your application must
be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required
may also subject your facility to a civil penalty and other enforcement actions for each day the facility is
operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package.
The signed original application, one copy of the signed application, two copies of a general location
map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the
application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this letter, please call Sue Homewood at [phone]
extension 502 or Jeffery Brown with the Fayetteville Regional Office at [phone].
cerely,
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Fayetteville.Regional: Office: (w/o encl.)
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 Soil and Water Conservation ❑ Other Agency
Division of Water Quality
10 Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other
Date of Inspection
I -_ - J Facility Number .�,
Time of Inspection l 24 hr. (hh:mm)
19 Registered Certified © Applied for Permit ©Permitted 13Not O erational i Date Last Operated: ..........................
Farm Name: Llt't.�t,�'.1.4. .........&Mf ...�!7iY►�l County. ...................
Owner Name: ....... . ....... ek.4qs................... .......4R.lI�....................... Phone No: ------..........
Facility Contact:
Mailing Address:
Onsite Represents
Certified Operato
Location of Farm:
.............:..........I...................... Phone No:...................................................
....NC ....... JFJrg
Integrator... .................... ..........
........ Operator Certification Number,........... G .........
Latitude 0.0` 0" Longitude • 6 0"
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes X No
2. Is any discharge observed from any part of the operation? ❑ Yes ONO
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes K No
b. if discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes P![No
c. If discharge is observed, what is the estimated flaw in gal/min? 411A
d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes. fA No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes PNo
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ANo
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes Jam' No
mai ntenancelimprovement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes 101No
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes 10KNo
7/25/97

Facility Number: 7,7 S
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (LaQoons.Holding Ponds, Flush Pits, etc.
❑ Yes (RrNo
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes IXNo
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier.
Freeboard (ft): ........... �. g. U
..................................................................................................................................................................................
10. Is seepage observed from any of the structures? ❑ Yes WNo
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes 'No
12. Do any of the structures need maintenance/improvement?
Yes
❑ No
(if any of questions 9-I2 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
❑ Yes
No
Waste A lication
14.
Is there physical evidence of over application?
❑ Yes
No
15.
(If in excess of WMP, or runoff enterin waters of the State, notify DWQ)
Crop
type
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
❑ Yes
JVNo
17.
Does the facility have a lack of adequate acreage for land application?
❑ Yes
No
18.
Does the receiving crop need improvement?
❑ Yes
No
19.
Is there a lack of available waste application equipment?
❑ Yes
No
20.
Does facility require a follow-up visit by same agency?
❑ Yes
JgNo
21.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
N No
22.
Does record keeping need improvement?
❑ Yes
KNo
For
P;6,0
Certified or Permitted Facilities Only
23.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
KNo
24.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
P(No
25.
Were any additional problems noted which cause noncompliance of the Permit?
❑ Yes
❑ No
0- No.violatioins:or' ddicieneies: were, 'no' ted,d6ring this.'AM No'U'M i irecei ve:no' Iiirthe>r ::
corresporideh0 about this:visit:: . .
,
a Om
., I
� ,I
-thow to nod 1 CV,4�� 709;an 10 can M� t_5 7I25197
I Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date: J�-1fr— 2F

United States Natural Resources 440 Caton Road
Department of Conservation Lumberton, NC 28358
Agriculture Service 910-739-5478
RECEIVED
j UN 3 0 1998
FAYMEVILLE June 29, 1998 {
REG. OFFICE
Sue Homewood
Division of Water Quality
PO Box 29535
Raleigh, NC 27626-0535 r
Dear Ms. Homewood:
i
I made an error on title page 1 of certification form for Douglas
Humphrey, Facility #78-59. I used Farrow to Feeder line for type of
swine and number of an'�a7 s. But it should be Farrow to Finish.
His operation contains houses and lagoon for 145 farrow to feeder, then
feeder to finish on ground lots. We have developed a ground lot plan
for Mr. Humphrey, and is included in certification.
Enclosed is a copy of corrected certification title page 1. Ilhope I
have explained this situation to your understanding.
If you have any questions, please give me a call.
Sincerely,
David Hedgpeth
NRCS Technician
encls.
CC: Jeff Brown

Douglas Humphrey
Douglas Humphrey Farm
Route 10 Box 611
Lumberton NC 28358
[•YID
Dear Mr. Humphrey:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 12, 1998
O��.'
���' 1 1998
FAYETiEV€i LE
REG. 0r-FiCE
Designation of a Certified Operator in Charge
Douglas Humphrey Farm
Facility # 78-59
Robeson County
North Carolina General Statute 90 A-47.2 requires the owner of each animal waste
management system that serves 250 or more swine, 100 or more confined cattle, 75 or
more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid
animal waste management system, to designate a property certified operator as the
Operator in Charge (OIC). Our records indicate that the OIC you previously
designated is no longer a certified animal waste management system operator.
As the owner of a registered animal operation with an animal waste management
system, you must designate a certified animal waste management system operator as
the Operator in Charge. Enclosed is an Operator in Charge Designation Form
specifically for your facility. Please return this completed form to this office by
June 12, 1998. Please be advised that nothing in this letter should be taken as
absolving you of the responsibility and liability for any past or future violations for
your failure to designate an appropriate Operator in Charge.
If you have any questions regarding the certification of an operator, or need assistance
in locating a certified operator in your area, please contact
Cindy Dudley with the Technical Assistance and Certification Unit at
[phone] ext. 309.
Sincerely, �A
Joseph B. McMinn, Supervisor
Technical Assistance & Certification Unit
cd/Desig. of certified OIC
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
P.O.BOX 29535, RALEIGH, NORTH CAROLINA 27626-OS35
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Qualify
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Douglas Humphrey
Douglas Humphrey Farm
Rt 10 Box 611
Lumberton NC 28358
Dear Mr. Humphrey:
4 V
April 3, 1997
APR 4 7 1997
FA'J-r ;�
REG• OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Douglas Humphrey Farm
Facility Number 75--59
Robeson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, N,*fcAr,
4W FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmahve Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Douglas Humphrey
Douglas Humphrey Farm
Rt 10 Box 611
Lumberton NC 28358
SUBJECT: Operator In Charge Designation
Facility: Douglas Humphrey Farm
Facility ID#: 78-59
Robeson County
Dear Mr. Humphrey:
tia
1�
�[:3F—=HN, 1
NOV 19 1996
ENV.MANAGEMENT
FAYETTEVILLE REG. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on-going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
1
A. Preston Howard, Jr., P:E.; for
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 276$7, - QC
Raleigh, North Carolina 1 7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-715-410o = _ 6M recycled/ 100% post -consumer paper

ce, V,,AJ �
1-2/41,0,1 _, o3
Doug Humphrey (H&H Hogs) [phone] called me on Dec. 5 with a question about his
operation in Robeson Co.
- Registered for 50 sows with DEM in 1993
- Had an NRCS design for system to serve a 150 farror to feeder operation, which was
built
- He is currently operating a 150 farror to feeder plus a feeder to finish on the site
- The feeder to finish operation is on the ground and he wants to house these and
construct a lagoon to serve them
He said that he has been working with Ed Holland and that the Health Director supports the
change he proposes to make.
He is to call me back about 3:00 on Monday afternoon. �� a
5
50 4A
VIIL
S �s
l0
,t s
o�Jv
5
P r-0111) -�O P-Qju

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
Mr. Douglas Humphrey
Route 10, Box 611
Lumberton, NC 28358
Dear Mr. Humphrey:
May 22, 1997 6IAY Z a 1997
FAYETTEVILLE
- REG. OFFICE
Subject: Completion of Farm Proposal
Facility Number 78-59
Robeson County
The Division of Water Quality has received your letter dated April 30, 1997, requesting a ruling as to the siting
requirements which apply to the addition of animal waste treatment capacity to your swine operation in Robeson County.
The Swine Farm Siting Act of Senate Bill 1217, ratified on June 21, 1996 applies to the construction or
enlargement of swine houses, lagoons, and land areas onto which waste is applied from a lagoon that are components of a
swine farm. However, the act does not apply "When the construction or enlargement occurs on or after October 1, 1995, for
the purpose of increasing the swine population to that set forth as the projected population in a registration of the swine
operation filed with the Department of Environment, Health, and Natural Resources (DEHNR) before October 1, 1995.
Upon review of your file it has been determined that the projected population of this farm at the time of registration
was 150 sows farrow to finish. Therefore this facility meets the requirements of the above mentioned exemption of the
Swine Farm Siting Act.
Please be aware that although any new construction at the swine farm may not be required to meet all current siting
criteria, the Division of Water Quality sL ongly suggests that you make every effort to meet all potential setbacks. In .
addition, the new animal waste treatment systems, including any new lagoons, and/or land application sites must be designed
to meet current Technical Standards of the Natural Resources Conservation Service.
Please note that the Division of Water Quality has not been authorized to administer provision of the Swine Farm
Siting Act. The interpretation given above reflects the internal policies for administering the animal waste management
system program. If you have questions regarding your individual rights or responsibilities under the Act, you should consider
obtaining private legal counsel. u
If you have any questions about this letter, please do not hesitate to tali me at [phone], extension 502.
Sincerely,
Sue Homewood
Environmental Engineer
cc: Facility File
'FEY`etteviIle''Regional-VMater Quality:Silpervisnr--o
Robeson Soil and Water Conservation District
P.O. Box 29535, Raleigh, North Carolina 27526-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1o% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
Douglas Humphrey
Douglas Humphrey Farm
Rt 10 Box 611
Lumberton NC 28358
Dear Douglas Humphrey:
APR% M
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONI.IENT AND NATURAL RESOURGEs
February 11, 1998 _
E`E1 V -L#
F B25ly9a
FierE 1t ELLE
REG. OFFICE
Subject: Request for Status Update
Certified Animal Waste Management Plan
Douglas Humphrey Farm
Facility Number: 78-59
Robeson County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by -the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not.
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special.
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper

t
l
Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is
below the threshold established in] 5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility,%%ill be re-,iewed on a case by case basis and
appropriate actions «vill be taken to brine each facility into compliance.
Thank you for vour immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Emplpyer 50% recycled110% post -consumer paper

State of North Carolina
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
SUBJECT: Application for special agreement
:�'w
AAM
NCDENR
s�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
MAR 13 1998
FAYETTEVILLE
REG. OFFICE
�QO
Please find attached a copy of application for special agreement for facility number / g S9
If you have any questions, please call me at 733-5083, ext. 581.
ATTACHMENT
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
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(rNFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
1. Applicant (Owner of the Facility): n h r G
2. Facility No.: 74L S
3. Facility Name:Py Arg /." A/cv21e p/, r any Favrt
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
A9.0 q 14ts 11a4w D a
Mailing Address:
Cit}: i s State: N G Zip:—Z 8 35- 1
Telephone No.: ( 9!0) 738— 9 937
6. County where facility is located: 49 C) 6 ed &-I,
7. Operation Type (Swine, Poultry, Cattle): sev /V C-
8. Application Date:
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their. local Soil and Water Conservation District office or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
FORA SPAG 1198 Page 1 of 4

2. Efforts made since February 1, 1993 to develop and implement a certified animal
%waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Fundsexpended
E. Improvements made to the system
F. Animals removed and not retoacked at the facility
G. Other actions taken
7 /VC A t.e fr'— .4-0- r2;&t
/IJR C -S
Q49i
9g_ PC
W-4 fez
FORM SPAG 1198 Page 2 of 4
,Rc. s

r � L
Il. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
1AIS LEt, 74f,11 Al if "1Z
Q` 66t S/! 98 4cJC4,Z5G<- Pte._-f�.;e"9
I If
Applicant's Certification:
1. 1 ltl- , attest this application for a Special Agreement
with the E%lt has been revie -ed by me and is accurate and complete to the best of my
knowledge. I understand if all required parts of this application are not completed and -if all
this document removes m_v responsibility and baNlity for complying %%,)th all North Laroltria
General Statutes and Regulations. I understand that the failure to„meet any dates that are agreed
upon by mvicelf and the EMC will result in appropriate a fore ment-actions being taken by t e
EMC.
Ug4rgzas Ai
Print 1\ ma a of Owner
Date
Signatur of Owner
FORM SPAG 1148 Page 3 of 4

Required Vents:
One (1) original and two (1) copies of the comnlefed and appropriately executed
application oral aloe with an • attachments.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOW;'LNG ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
N'E'ATER QUALITY SECTION
NON -DISCHARGE COMPLIANCE/ENFORCE)1IENT UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
FORM SPAG 1/98 Page 4 of 4