820015_ENFORCEMENT_20171231

2 V
NUHTH CAHOLINA
Department of Environmental Qual

to-Micro.bac Laboratories, Inc.
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NC #11
Ntr D7i4
USDA #3787
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"I,L 11T: UC DEUR - Dims DATE R1aC'D: 12/20100 SA14PLED: 12-120100
ADDRESS: Wa•_h,)u.ia Buildlir q, SuiLe 714 SAMPLED BY: D. lJouth
Faycttarilla, !fC 28301 DELIVERED BY: J. Hasty
CONTACT PERSON: Mr. 8. Heath SAMPLE CODE: Grotind, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Six.Runs Nursey
SAt �I,E TD. i. 'Source - Fb #OO mxi28538
2. Wetlands - 10 #0OKX128639
s.
DATA R.EVI EWLD BY: 161 �/Ad I -
DATE REPORTED: 01/03/00 -�•
+t++++++++++++++++++++++*+++++++4++++++++
ANALYSIS METH4i) 1 2 3
i + y. 4. -4 + i /- + A. + } + i + } } + i ► + } P i } ► + } } ♦ + 3 1- } + 4- / + } }.: 4 + } } } + 1 ► ! + } }+ -i i i l F + i + + A 4 i } 1 + } i i + + } i, } 4 11 1- + +4 +, + + } k
i 60D (mg/L) ELIA 405.1 594 222
00LIFORM, FECAL (bier 100 ml) SM10 9222D 800000 >89000
111TF,ATE (my/L) EPA 3��3.3 LL.0 .1.0
[ - Less than
Greater than
PAGE 1 OF 1
The data and other information contained on this, and other accompanying documents, represent only the
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory,
USDA-EPA-NiOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

,y
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office.
Michael F. Easley, Governor .
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. A. J. Linton
DM Farms
P.O. Box 1076
Rose Hill, NC 28458
NCDENR
DIVISION OF WATER QUALITY
January 17, 2001
SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT
Permit No. AWS 820015
Wendy Nursery 9 & 10
Facility No. 82 - 15
Sampson County
Dear Mr. Linton:
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 211 .0217, you have been found to be
in violation of your 2H .0217 Permit.
On December 20, 2000, staff from the Fayetteville Regional Office of the Division of Water
Quality performed an inspection of the Wendy Nursery 9 & 10 facility. During the inspection
wastewater was observed running into a ditch adjacent to the lower lagoon from a broken force main
and entering an unnamed tributary of Six Runs Creek in Sampson County. It was then recommended
to an employee, a farm worker, to begin emergency measures to include disconnecting the power to
the pump station and the construction of an earthen berm in the stream below the ponded waste in
the pocosin to prevent waste from entering Six Runs Creek.
225 GREEN STREET- SUITE 7141 SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043
PHONE (910) 486-I541 FAX (910) 49"707 WWW4 LNR.STA-I'E.NC.UStiNR/
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/100A POST CONSUMER PAPER
DE.NRTOLL FREE HOTLINE: [phone]

Page 2
Wendy Nursery 9 & 10
January 17, 2001
The Division of Water Quality requests that the following items be addressed:
Provide a detailed explanation as to why the force main was broken and what actions are
proposed to prevent future discharges of this kind from occurring.
2. A more detailed and thorough inspection of the lagoon, pump station, and piping needs to
be conducted on a routine basis during freezing temperatures to prevent the future release
of wastewater.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
future problems with this system.
4. Submit the weekly lagoon levels for the facility for the past year in addition to the waste
application records for the year 2000 Bermuda crop and the year 2000 through 2001 fall and
winter crop. In addition, submit a copy of the lagoon design information for the
lagoons to this office on or before January 31, 2001.
Failure to comply with the above conditions may result in the facility's General Permit
being revoked 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 Fayetteville Regional
Office of the Division of Water Quality is considering forwarding a recommendation to the
Director for consideration of enforcement for this violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
If you have an explanation for 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 recommendations for enforcement. This response should be received by
this office on or before January 31, 2001.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.

Page 3
Wendy Nursery 9 & 10
January 17, 2001
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Robert Heath, Environmental Specialist or myself at [phone].
Sincerel
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

MEMORANDUM
DATE: March 12, 2001
TO: Jeff Poupart, Supervisor
NonDischarge Compliance and Enforcement Unit
FROM: Paul RaqJater Quality Regional Supervisor
FayettegionalOffce
SUBJECT: Recommendation for Enforcement
Unpermitted Discharge of Swine Waste
Wendy # 9& 10 Swine Farm
SR 1943, Clinton
Sampson County
Find attached a fast track enforcement package pertaining to the discharge of animal waste from the
subject swine facility. The attached inspection form will detail the basis for the action as well as
serving as a list of assessment factors.
If additional information or clarification is required, please advise.
/rh

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF
DM Farms of Rose Hill, LLC
FOR VIOLATIONS OF PERMIT
t 5A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Kerr T. Stevens, P.E.,
Director of the Division of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. DM Farms of Rose Hill, LLC, operates a concentrated animal operation in Sampson County.
B. The Wendy Nursery 9 & 10 Swine Farm was permitted as a nondischarge facility on August
11, 1999, in accordance with 15A NCAC 2H .0217.
C. On December 20, 2000, DWQ staff observed a discharge of wastewater by the Wendy
Nursery 9 & 10 Swine Farm from a force main to an unnamed tributary of Six Runs Creek,
which are Class "C-SW" waters of the State within the Cape Fear River Basin.
D. The Wendy Nursery 9 &10 Swine Farm had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $ 501.83 .

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. DM Farms of Rose Hill, LLC. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. The Six Runs Creels constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.
E. DM Farms of Rose Hill, LLC, 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 ten thousand dollars
($10,000.00) per violation may be assessed against a person for failing to act in accordance
with the terms, conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against DM Farms of Rose Hill,
LLC, pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Director, of the Division of Water Quality, 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, DM Farms of Rose Hill, LLC, is hereby assessed a civil penalty of:
$
501.83
for discharging waste to the waters of the State in violation of 15A
NCAC 2H .0217.
TOTAL CIVEL PENALTY, which 'is percent of the
maximum penalty authorized by G.S.143-215.6A.
Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have considered
the factors listed in 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.
(Date)
Kerr T. Stevens., P.E., Director
Division of Water Quality

ANIMAL OPERATION INSPECTION FORM
l . Date of Inspection(s): December 20, 2000
2. Regional Office: Fayetteville, Water uali ecti n
3. Name of Owner of Property: DM Farms of Rose Hill. LLC. (Co..gv of Deed attached)
4. Name of Operator: DM Farms of Rose Hill, LLC.
5. Address: P.O. Box 1076
Rose Hill, NC 28458
6. Phone Number: 910 289-2111
7. Description of Facility Location, Map excerpt attached.
From Clinton take Hwy 24 East to Turkey, turn right on SR 1004 and follow to SR 1943, turn
right and farm on right approximately 1.3 mile.
8. Date this facility began operation: The farm has been in full operation since 1994.
9. Date of last expansion: The facili as not ex anded since original construction.
10. Has the facility registered with DWQ? YES X NO
If YES, date of registration
11. Does the facility have an approved Animal Waste Management Plan? YES NO X
Is one required? YES X NO
Date Approved: NIA
12. Has this facility received a CAFO Designation? YES NO X
If YES, date issued:
13. Type of Operation: Swine, 9000 Wean to Feeder
14. Number and type of livestock: There were approximately 9000 pigs present at the time of the
inspection.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in
any 12 month period. Twelve (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, the farm was designed to have approximately 15 acres of
Bermuda hay and small grain overseed. The waste management plan ca is for a combination of
Coastal Bermuda and Rye Crass to be grown on various sites.
Page 1

17. Type of Waste Management System: Swine are kept in total confinement free stall barns with
slotted floors over flushing nits. Waste is flushed as needed from floor pits into a waste lagoon
system. The la og_ on system is composed of two (2) lagoons from which waste can be pumped to
the application fields via an underground 12il2ing 5ystern with solid set irrigation sprinklers.
18. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters : There are no other _swine -farms in the vicinity of this tributary of Six Runs
Creek.
19. Proximity of facility to neighboring houses, wells, etc.: Approximate depth of ground water
table in the area of the facility or discharge: less than 10 feet.
21. Proximity of facility to surface waters: Facility waste application is located approximately 200
feet from a unnamed intermittent tributary to Six Runs Creek, Class "C-SW" waters.
22. Animal waste discharged. Swine
Witnesses: Robert Heath, DWO, Fayetteville Regional Office [phone].
John Hasty, DWQ, Fayetteville Regional Office(910) 486-1541
23. Are pollutants discharged in the waters of the State? YES
If so, how? Robert Heath, (Environmental Specialist) with the DW, arrived at the unscheduled
routine inspection and began the site inspection._ Upon arriving at the farm, Mr. Heath observed
that the upper lagoon had approximately 108 inches of freeboard. Further inspection of the
facility resulted in Mr. Heath following the pressure (force) main from the upper lagoon (lagoon
# 2) down gradient to the lower lagoon (lagoon # 1) where wastewater was observed running out
of a broken clean out into an intermittent unnamed tributary of Six Runs Creek. Further
inspection confirmed that the „wastewater had entered the wetlands and flowed approximately %z
mile towards Six Runs Creek. See attachedphotos.)
24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24 hour
storm? No
25. What is the degree and extent of harm to the natural resources of the State, to public health, or to
private property resulting from the violation?: The discharge has caused the introduction of
nutrients into the receiving surface waters that will cause or add to the possibili _ of algal blooms
and accelerated eutro hication of the slow moving waters of the receiving stream_ Also sam les
taken indicate elevated fecal coliform levels downstream of the facility.
Sample results:
Sample Location (8/8/00)
] .Source-lD#OOMX128538
2. Wetland-ID#OOMX128539
Coliform. Fecal / 100ml
800000
89000
Page 2
BOD Nitrate
59-4 <1.0
222 <1.0

***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION"*
There are no known public health issues at this time_ Waste discharges of this nature may, based
on c mments fro Dr. M.A. Mixson North Carolina Depgrtment of Agriculture. Veterinary
Division, transport swine diseases if conditions are suitable.
26. What is the duration and gravity of the violation?: As mentioned previously, the discharge was
identified by DWQ staff as the result of a routine inspection. The volume of waste observed in
the intermittent unnamed tributary (wetland) area suggest that the discharge occurred for several
days prior to the discovery hy_the inspector.
27. Water Quality Assessment: At the time of the inspection, the discharge flow was si&uificant at
the points it reached the unnamed intermittent tributary to Six Runs Creek and several large
ponds were observed in the wetland.
28. What is the cost of rectifying the damage?: The writer observed areas that cleanup activities
would be recommended and DM Farms was actively employing means to recover the wastewater
at the time the inspector departed from the_facility_
29. What is the amount of money saved by noncompliance?: Based on observations made during
the investigations, no cost was significantly decreased by the discharge.
30. Was the violation committed willfully or intentionally?:
YES NO X
Explain: The problem occurred as the result of a broken clean out riser off of the pressure main
approximately 75 feet from the pump (lift) station. The broken clean out riser may have been
the result of the freezing temperatures day s rior to the discoveLy.
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: Regional files
contained, no previous discharge from this farm as a result of runoff from the sprayfteld or
malfunctions of equipment.
32. What is the cost to the State for the enforcement procedures? Regional Costs are as follows:
Photo, film and developing:
$
4.47
Mileage: $0.23 per mile for 70 miles:
$
16.10
Fecal Coliform ($23.40 per sample):
$
46.80
BOD samples
$
64.80
Nutrient samples
S
46.80
After Hours Tech time
Copies (Sampson County Court House)
S
1.50
Robert Heath @ $20.01Ihr
2 hours - Drive Time
1.5 hours - Investigation
4 hours - Report Development
T5 hours total
$ 150.07
John Hasty @ 19.71/hr
2 hours - Drive Time
S 39.42
Paul Rawls - 1 hour (Supervisory Review)
S 31.87
Central Office Review
$ 100.00
Total
$ 501.83
Page 3

33. Type or general nature of business: wine
34. What is the violator's degree of cooperation or recalcitrance:
DM Farms has been very cooperative and has taken _steps _to trY_and prevent further discharges
om happening in the future
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : Visually Estimated at 50% of the unnamed intermittent tributary at -the time of
inspection.
b. Receiving Stream: Six Runs Creek, Class "C-SW" Waters
c. Damage: YES No X (Based on observations at the time of the investigation.)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations Made to Owner/Operator:
I - Immediately construct a dam to prevent additional runoff from entering the tributary.
2- Take imMediate action to prevent any future discharge of waste.
3- Continue to pump the, remaining wastewater/freshwater mix into the' lagoon.
39. Recommendations for further DWQ Action:
- Notice of Violation (Forwarded , August 22, 20001
- Enforcement Action
- Reins ection
40, Other Comments: In summarv. it is the opinion_ of this writer_ that the dischare of waste was
accidental, however: the volume of wastewater identified in the wetland and the lagoon level
data submitted by D.M. Farms suggest that an inspection of the lagoon system should have been
made after the la oon level remained the same for three consecutive weeks and the facili
received rainfall. The lagoon level remained_ the same for eight (8)consecutive weeks while the
rainfall records illustrate 3.5 inches during the period.
Page 4

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SAMPSON COUNTY IC 01/01/2000
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F.rw T.u,..~ A.rp
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Fusel Identifier Nit.
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County van the day of ,19_
by -
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Mail alter rotwding to
SANFORD 1101SHOUSF.R LAW FIRM. PLLC
100 Market Square
Phwhurvi. NV IN374
Thh Instrument was prepared by Sherry Tucker, FAquirc
RRIF.F DF_SCRIPTION FOR THE. INDEX
90.13 ac., SR 1943
NORTH CAROLINA GENERAL WARRANTY DEED
k this the 2Viday of r►.�
GRANTOR Lsrr'^•
E'jrrPr.j*V
MurFarn St. LLC
P,O.739
Rae Hill. NC 2"
DM Farms of Rose Hill, LLC
P.O. Ban 1076
Rae Hill, NC 2M
The deslgna lon Q anmr and Grantee as used herein tha11 Include said putln, their helm. ru cesson and aulgra, laid shill Irclud,
singular, plural, masculine, femtnlne or neuter u required by context.
Wf1TV XSFTH, that Grantor, far a valuable tonsideratian paid by the Gmuee, the rcceipt of which Is hereby acknowledyod. it s
and by thew presents does grant, bargain, sell and convey unto the Gramce in fee timple, all drat certaln Id or Feral of lutd
situated In U*Z_ Township. jarnp om Caumy, North Ctuorllm usd more particululy described as Tdlmn:
BEGINNING at a point In the centerline of State road No. 1943. doe point of IntemoctW of said State Road No. 1943 with an old
ruW or lux leading to six R.D. Matthews old place. Walter Merriii's corner, and runs tberice with the cemcrlina of State Road
No, 1943. South 09'36' tut = feet to anohar point in the CiMerilne of sold rood. Melva Matthews Johnson's taxm,. thence.
with the Melva Mathews Johnson line, South 64'30' Wait f lag feet to a steket 11scm. align with raid lira. South 73' Wail 927
fear to I :rake nor a ditch: theft. ugaia with the Melva Mwhrws Johnsso a lira. a km, Smth lit' Well 2139 fat to a auks as
the hank of Sla Rona River; therxs, up Ilea aim pr his Rmu River n k nteattdas 10 a Frold Naahtrly dintetim W a " at as
Lttrtassaa 0ori- 1111014 F4"W1*l=
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r . ' and of a wW lkam Walter Merrlit's comer, tame, with the Malin Illy. North Sls Ban %7 fba to as Irea stake: duence, again
wtdi tlla Mersthetm yal• with told Bae. Sash g9• Ban 1924 (cellos
cherry trot: theca. again with the Mcmkn line. Sowh 1117• IS' Bast 78111 fed to an Iron stake In the afoeeaW old toad or lane '
leading to the R.D. Matthews old plans: tbnuoe, with the eenr, of taut old rood or Ime, North 79' IS' Fast 604 real to the point of
BMINNINO, eonWning 90.15 acres, races or less, axadiag to a map and survey made by G.R. Johnson. Registered Surveyor,
in May 1%3: and being the same taads described In that certain Deed from Amos Jong Bullard, Jr. and wife. Barbara 0. Dullard.
to Harvy H. Kw"ay. Sr., dated July 23, 1979. and recorded in Book 949, Page AIM. of the Sampson County Registry. This
being the Is= lands described In a Deed from Hun B. Komegay. St, and wile, Debanth K, Korrtegay to George H. Bland uW
wife. Hanel Bland, doled Odaber 1, 1980. recorded In Book 9M. page 899. Sampson County Registry.
The properly hercinabove described was acquired by Grantor by iMllumett recorded In Book AW r
Couray Registry. North Carolina, Page V Samnson A map showing the above detetibed property fa recorded in PUVMap Boos . Page_.._ County Registry. North
Carolina.
TO HAVE AND TO HOLD the aleresaid la Of parcel of load N al1 privileges and appurtenances thereto belonglog to an
Grugce In fa timpit. ..
And the Unwor ro.teanon with the Grantee, that the Grantor Is wised of the premisn In fe+ al mple. has the right to
eaaeey the wine in fore simple, that tkle Is Rurkdable and hore and clear of oll aeeumWotwes, and that Grantor will
warrant and drfend tbo title etgsdmt 11nr lawful elakna sd all persons wboomever sutp/ For the earepda s hereinafter
stated.
Title to the proptrry 1s wbject to the fatlowing eseeprlons:
All valid and enforeeable eases iente. reWktlam and riglag-d-way of ro6ord. if any. and pram !>-lmn of the amFnt year's
talcs.
IN %TFNp_SS WHEREOF. the Gnnor has hereunto set his had and seal. at if corportu. has caused this lastrumcm to be
t{Sn ed In Its eorporme name by Its duly authoriud oMcen by authority of its Band of Directam, or of a limited liability coagw y
�i
h�s•er4M41L
Jfttarr
.ee+'+`nun' r,STATBOP NORTH CAROLINA.
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COUNTY
;,� .• ,/o'
V . •' + ''. A, \ _ G4ft d�� a NOWY Public of the Coma ad Bare aftxanald, unify that
•° • }� * personally cano btfnn me this day ad ackntowhdgod that be is the
too" +• �' (rlrtgf+Membcr of MurFatt , a North Carolina limited liability company. and that by authority duly given and as the
} ; r a 11 G Ict•otf tfK limited liability amptlarty, the famloing imttument was signed In In nartrc by himflisou In Mum@ WMerWW, Wkm
my 1lroel and oft w sump or seal, this tit _I— day ol t000.
N Punk
,.Wry Commiuka Expires: d-11.10! s
(NOW? NIA
NORTH CAROLINA, SAMPSON COIRM The foregoing or mmxed ol:ftlikate of
Notary PublicjWewW&Pbk Wan t adned to be col L
7us Wistnatnent was presented for teglBtradon ford toeorded In M Office � . Rage. '� 0 1
This n +41% flay of 1 t1 a OO o at 1. ' 2- to —o'c
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MAH H. TROUBLEFLELD
Registu of Dee& Deputy Regigra of Deeds
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•

O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLES RAYNE STREET NC #37714
Microbac FAYETTEVILLE, NC 28303 USDA #3787
'[phone] / [phone] (FAX).
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS'- NUTRACEUTICALS
�. ,.'CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. B. Heath
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Source - ID #OOMX128538
2. Wetlands - ID #OOMX128539
3.
DATE REC'D: 12/20/00 SAMPLED: 12/20/00
SAMPLED BY: B. Heath
DELIVERED BY: J. Hasty
SAMPLE CODE: Ground, Grab
REFERENCE: Six Rung Nursey
DATA REVIEWED BY: �litJ
DATE REPORTED: 01/03/00
ANALYSIS
bII mD
1
2 3
BOD (mg/L)
EPA 405.1
-594
222
COLIFORM, FECAL (per 100 ml)
SH18 9222D
800000
>09000
NITRATE (mg/L)
EPA 353.3
<1.0
<1.0
COBS: < = Less than
> = Greater than
PAGE 1 OF 1
The data and other information contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

North Carolina F1.9MA
Department of Environment and Natural Resources `
Division of Water Quality
Fayetteville Regional Office NCDENR
i<lichael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
January 17, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. A. J. Linton
DM Farms
P.O. Box 1076
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT
Permit No. AWS 820015
Wendy Nursery 9 & 10
Facility No. 82 - 15
Sampson County
Dear Mr. Linton:
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 December 20, 2000, staff from the Fayetteville Regional Office of the Division of Water
Quality performed an inspection of the Wendy Nursery 9 & 10 facility. During the inspection
wastewater was observed running into a ditch adjacent to the lower lagoon from a broken force main
and entering an unnamed tributary of Six Runs Creek in Sampson County. it was then recommended
to an employee, a farm worker, to begin emergency measures to include disconnecting the power to
the pump station and the construction of an earthen berm in the stream below the ponded waste in
the pocosin to prevent waste from entering Six Runs Creek.
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] W W W.: ' . 'TATE.NC.US
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/I0% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]
hr

Page 2
Wendy Nursery 9 & 10
January 17, 2001
The Division of Water Quality requests that the following items be addressed:
Provide a detailed explanation as to why the force main was broken and what actions are
proposed to prevent future discharges of this kind from occurring .
2. A more detailed and thorough inspection of the lagoon, pump station, and piping needs to
be conducted on a routine basis during freezing temperatures to prevent the future release
of wastewater.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
future problems with this system.
4. Submit the weekly lagoon levels for the facility for the past year in addition to the waste
application records for the year 2000 bermuda crop and the year 2000 through 2001 fall and
winter crop. In addition, submit a copy of the lagoon design information for the
lagoons to this office on or before January 31, 2001.
Failure to comply with the above conditions may result in the facility's General Permit
being revoked 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 Fayetteville Regional
Office of the Division of Water Quality is considering forwarding a recommendation to the
Director for consideration of enforcement for this violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
If you have an explanation for 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 recommendations for enforcement. This response should be received by
this office on or before January 31, 2001.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.

Page 3
Wendy Nursery 9 & 10
January 17, 2001
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Robert Heath, Environmental Specialist or myself at [phone].
Sincerel ,
.1
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

� ��' .�'� -� ..�- -s• � '� , ®Dinsron of Water Quality �r � � , � �.
~' � -� -" � �O Dr<vr<sron of -Soil and Water Conserc*ation �� :• �' t � `J�-
Type of Visit -JD Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
llate. of Visit: /z 2 7 'Time: / � /l�� Printed on: 10/26/2000
Facility Number z. /
Q Not Operational Q Below Threshold
® Permitted E Certified E3 Conditionally Certified E3 Registered Date bast Operated or Above Threshold: ...................
Farm Name: ----......... c-ex..- .r..... .. Count -�" ...................
y:............... ........`
Owner Name: �1Phone No.-
............
. ..... .....................-.......................... ..........._........_.....
Facility Contact: �' 'r/i�� ......... Title: Phone No: ,,�'.-.., ..........
Bailing Address:, Q /�.. 7�� ...� ff7 ��... Il....C...-..o.- y................................... ..........................
�.
Onsite Representative: Integrator: ,,,sr•
...................`."`
Certified Operator.............1Q ...:...............•.� Operator Certification Number: ..........................................
...............-....................... _
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' ° .9 Longitude • 4 «
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
Wean to Feeder j600 9 eeo ❑ Layer ❑ Dairy
El Feeder to Finish 1E] Non -Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder 10 Other
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total SSLW
Number of Lagoons L ❑ Subsurface Drains Present ❑ Lagoon Area JqSpray Field Area -
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. is any discharge observed from any part of the operation? Q Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field Other Y R/✓ f✓�pg
a. If discharge is observed, was the conveyance man-made? ❑ Yes No
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ)JQ Yes ❑ No
c. If dischargc is observed. what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ;'No
2. Is there evidence of past discharge from any part of the operation? [:]Yes J'No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? RYes [] No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes 0No
Str'uccturc 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ............. 1.- . ....... ..� . � ...........-..--............... ......... ..... ....................................
Freeboard (inches):
5/00 Continued on back

Fact$ty Dumber: Date of Inspection Printed on: 10/26/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes JWNo
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes JO 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 No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? NYes No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes 0 No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes KNo
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload El Yes RNo
12. Crop type 46,6x,..�<z ,al��ie-4
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes WNo
14. a) Does the facility lack adequate acreage for land application? C7J ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? MYes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes KNo
15.
Does the receiving crop need improvement?
14Yes
❑ No
16.
Is there a lack of adequate waste application equipment'!
(j Yes
)KNo
Re uired Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ 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.)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, Freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
)qNo
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
;allo
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/discharge, freeboard problems, over application) ❑ Yes 0No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 61�eIZN Yes No
24. Does facility require a follow-up visit by same agency? ❑ Yes fkNo
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 5jNo
�: l o-yioiatiQris :Qir deficiencies •were h ed. ditr'ifrid 4his'visit: - :Y:ou Wd •receive iio fui ..... : .
coires' o deike- albotit_ this visit_
,Comments(refer to:quest on #): Explauj any YES answers and/or any recommendations br any other comAtents "
= .. cm ::
;Use drawings`.of facility to better explain situations. (use additional pages as necessary)
�.?s �^' Via.=.- li- ,.vr .alb,•-.�rfi'r�,o L �,.rC. s�..< •►
Yp,r-- .9 �Cde�if,✓ �i/ifq,•�e�/rlhr�F.✓ ✓f/.o-��J/�� 1771v�;J /s/0"�C
� � w
f� f✓,✓� � � / 16 /,,�.r- . fie. �q�ip/d.��
Gr%F��,�.�r�r L- rYl� �w f �•�.�r rn .����.rr� ��
y006 yes CJ.✓emus
.rtJ.o� ���,�'�i.Td J-J .�7�✓ �i✓�r�Lv�<�i1��6.v�:ec� eJ J/�t'lCu.�f�f.G� �2�% �
ReviewerAnspector Name
ReviewerAnspector Signature: Date: 5100
,�Jlllll

Fdcilit� Number: Date of Inspection za Printed on: 10/26/2000
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below &Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes allo
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes RNo
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes allo
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.) ❑ Yes JR1No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? N Yes ❑ No
ho ommeats:an or° .t-awuegs:
1 �,�- �Y��.f���. � 7�F G+/ffA�f�S.✓.�/�,//z G7"!� ,r/D� .�/��,�9.� � /lAC�� .,�
49
Al
5100

■
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FARMS
January 2, 2001
Mr. Bob Heath
Division of Water Quality
Wachovia Building, Suite 713
Faycticvillc, NC 28301
Dear Mr_ Heath,
P.O. Box 1076
Rose Hill, NC 28458
JAN. 2. 2001 10 : 31 AM P 1
PHONE NO. : 910 289 6434
This letter is in response to your visit on 12/20/2000 at Wendy Nursery 9 & 107 facility #t
82-151As you are aware the spill occurred due io a frozen clean out pipe, The pipe was
repaired on 12/20/2000 and was buried in the ground instead of protruding above the
curfac..c. This cho ld remedy the frPinzing problem. We had a track hoe dig a_hn,lp to
capture and return the tainted water to the lagoon. We also notified the appropriate news
media, on Friday, December 22n4. 1 have enclosed a copy of our letter as well as a list of
those notified.
Ifyou;have any questions or comments please contact me at 910-289-7364.
Sincerely,
A. J. Linton
Environmental Manager
AJL:djg

FROM
JAN. 2.2001 10:32AM P 2
PHONE NO. : 910 2B9 6434
For Immediate Release
Notice of Discharge a �►•n+ral �'�'asta - -
Tha Wendy 9 & 10 Nursery facility number $2 '15 on Statc Rand 19A2 AFT
discharge of swine waste of approximately 1.000 - 4,000 gallons. The discharge was first
observed on December 20, 2000 at 1:45 p.m, and resulted from a frozen pipe. It lasted
for approxiihiately 3 hours. Wastewater eoteiud a wullarid area which drains to Six Runs
Creek but was contained and did not enter the creek or leave farm property. The line was
repaired th;r same day to prevent further discharge. This notice was required by North
Caroline Cancral Gtatvtca Articic 21 Chapter'i4a.210.0- Fui niuie ittrvimalivii vuirlaut A-.J.
Linton at [phone].

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State of North Carolina NOV 6 2�Ot
Department of Environment
and Natural Resources``° w
1
Division of Water Quality
Michael F. Easley, Governor Jr.,�Y
William G. Ross Secretary NCDENR
Gregory J. Thorpe, Ph.D., Acting Director Na cAROL1NA DEPARTMFNT OF
ENVIRONMENT AND NA;ruRAL RESOURCES
November 2, 2001
Mr. A. J. Linton CERTIFIED MAIL
DM Farms of Rose Hill, LLC RETURN RECEIPT REQUESTED
Post Office Box 1076
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 82-15
Sampson County
File No. DD 01-003
Dear Mr. Linton:
This letter transmits notice of a civil penalty assessed against Wendy #9 and 10 (also
known as Six Runs Nursery) in the amount of $6,501.83 which includes $501.83 in investigative
costs. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment 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).
Mailing Address_ Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-16I7 State Courier #52-01-01 Raleigh. NC 27699-1617
An Equal Opporniniry /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http.-11h2o.enr.state.nc.us

Please submit payment to the attention of.
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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.I (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 Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, Notch Carolina 27699-1617
K •I
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirt 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 Ogee 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 Mr. Steve Lewis at [phone], ext_ 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
ATTACHMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
%ih_n_RMFRO w/ attachments
File # DD 01-003 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. N/A ) STIPULATION OF FACTS
FILE NO. DD O 1-003
Having been assessed civil penalties totaling $6,501.83 for
violation(s) as set forth in the assessment document of the Division of Water Quality dated,
October 31, 2001 , 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 , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF )
D. M. FARMS OF ROSE HILL, L.L.C. )
FOR MAKING AN OUTLET TO THE }
WATERS OF THE STATE OF )
NORTH CAROLINA }
WITHOUT A PER OT )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL. RESOURCES
File No. DD 01-003
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality,1, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
FINDINGS OF FACT.
A. D. M. Farms of Rose Hill, L.L.C. (DM Farms) is a corporation organized and
existing under the laws of the State of North Carolina.
B. DM Farms owns and operates Wendy #9 & 10, a swine operation located along
SR 1943 in Sampson County.
C. DM Farms was issued Certificate of Coverage AWS820015 under General Permit
AWG100Q40 for Wendy #9 & 10 on August 11, 1999, effective August 11, 1999,
with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
D. On December 20, 2000, DWQ staff observed a discharge of wastewater by Wendy
#9 & 10 from a broken force main to an unnamed tributary to Six Runs Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
E. DM Farms had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $501.83.

IL
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. DM Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. An unnamed tributary to Six Runs Creek 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 constituted making an outlet to waters of the State for
purposes of G.S. 143-2I5.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. DM Farms may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director Qf the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, DM Farms is hereby assessed a civil penalty of:
ao for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 501.83 Enforcement costs
$ SDI. 83 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. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
3 ! Ocr UI
(Date) J4KI6. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

MEMORY TRANSMI SS ION REPORT
TIME DB-JAN-2002 15:32
TEL NUMBER 9104860TOT
NAME NCDENR FRO
FILE NUMBER
684
DATE
08-JAN
15:28
TO
89197166766
DOCUMENT PAGES
017
START TIME
08-JAN
15:28
END TIME
08-JAN
15:32
SENT PAGES
017
STATUS
OK
FILE NUMBER 684
* SUCCESSFUL TX NOT ICE ***
IVCQE�IR
FAX TRANSMISSION
QENR
FAYI-TTEVILLE REGIONAL OFFICE
F'AYETTEVILLE.
NORTH CAROLINA 28301-5043
VOICE: 910-4$6-1541
Fax: [phone]
To: �G z--+— L 2 c, cA
Fax #: / / 1Q LO Cr V 6
�CAZ-A Y '-V n
Subject:
COMMENTS:
Date:
Pages (Including cover): l —/

A

State of North Carolina NOV ` 6 2001
Department of Environment L
�� o
and Natural Resources + - �►
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
Gregory J. Thorpe, Ph.D., Acting Director No` TH cAROumA DEPARTww of
ENVIRONMENT AND NATURAL ResouncEs
November 2, 2001
Mr- A. J. Linton CERTIFIED MAIL
DM Farms of Rose Hill, LLC RETURN RECEIPT REQUESTED
Post Office Box 1076
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm ## 82-15
Sampson County
File No. DD 01-003
Dear Mr. Linton:
This letter transmits notice of a civil penalty assessed against Wendy #9 and 10 (also
known as Six Runs Nursery) in the amount of $6,501.83 which includes S501.83 in investigative
costs. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. Any continuing, violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment 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).
Mailing Address: Telephone [phone] Location:
1617 Mail Senice Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #5 2-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity /A firmative Action Employer
SO%a recycled / 10% post -consumer paper
hrtp: //h2o. enr_ stare. nc. us

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within jW= 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 Mr_ Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
ATTACH1lIENTS
cc: MPau1 Rawls, Fayetteville Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
John Hasty, FRO w/ attachments
File # DD 01-003 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
PERMIT NO. N/A ) STIPULATION OF FACTS
FILE NO. DD 01-003
Having been assessed civil penalties totaling _ $6,501.83 for
violation(s) as set forth in the assessment document of the Division of Water Quality dated,
October 31, 2001 , 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 , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF }
D. M. FARMS OF ROSE HILL, L.L.C. )
FOR MAKING AN OUTLET TO THE )
WATERS OF THE STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD 01-003
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. D. M. Farms of Rose Hill, L.L.C. (DM Farms) is a corporation organized and
existing under the laws of the State of North Carolina.
B. DM Farms owns and operates Wendy #9 & 10, a swine operation located along
SR 1943 in Sampson County.
C. DM Farms was issued Certificate of Coverage AWS820015 under General Permit
AWG100000 for Wendy #9 & 10 on August 11, 1999, effective August 11, 1999,
with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
D. On December 20, 2000, DWQ staff observed a discharge of wastewater by Wendy
#9 & 10 from a broken force main to an unnamed tributary to Six Runs Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
E. DM Farms had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $501.83.

IL
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. DM Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. An unnamed tributary to Six Runs Creek 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 constituted 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. DM Farms may be assessed civil penalties in this matter pursuant to G.S. I43-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director Qf the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordinaly, DM Farms is hereby assessed a civil penalty of:
$_ �, 90 L r for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 501.83 Enforcement costs
83 TOTAL A -MOUNT 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 on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
3 Orr Of
(Date) iciw6poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

t
State of North Carolina na G NOV 2001
Department of Environmentand Natural Resources
Division of Water Quality
Michael F. Easley, Governor NCDENR
William G. Ross Jr., Secretary
Gregory I Thorpe, Ph.D., Acting Director W*n" r.AROUKA t)V ARTMENT O
ENVIRONMENT AND NATURAL- RESOURCES
November 2, 2001
Mr- A. J. Linton CERTIFIED MAIL
DM Farms of Rose Hill, LLC RETURN RECEIPT REQUESTED
Post Office Box 1076
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 82-15
Sampson County
File No. DD 01-003
Dear Mr. Linton:
This letter transmits notice of a civil penalty assessed against Wendy #9 and 10 (also
known as Six Runs Nursery) in the amount of S6,501.83 which includes S501.83 in investigative
costs. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiverform).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity• /Affirmative Action Employer
50% recvrled / 109c post -consumer paper
http://h2o.enr state.nc.iis

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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. I (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 Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearina. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
*Sincerely,y.upart, Supervisor
Non -Discharge Compliance and Enforcement Unit
ATTACHMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
Wob_HeathlFRO w/ attachments
John Hasty, FRO w/ attachments
File # DD 01-003 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. NIA ) STIPULATION OF FACTS
FILE NO. DD 01-003
Having been assessed civil penalties totaling _ $6,50I.83 for
violation(s) as set forth in the assessment document of the Division of Water Quality dated,
October 3I 2001 , 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 , 2001.
SIGNATURE
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF }
D. M. FARMS OF ROSE HILL, L.L.C. )
FOR MAIONG AN OUTLET TO THE }
WATERS OF THE STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD 01-003
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. D. M. Farms of Rose Hill, L_L.C. (DM Farms) is a corporation organized and
existing under the laws of the State of North Carolina.
B. DM Farms owns and operates Wendy #9 & 10, a swine operation located along
SR 1943 in Sampson County.
C. DM Farms was issued Certificate of Coverage AWS820015 under General Permit
AWG100000 for Wendy #9 & 10 on August 11, 1999, effective August 11, 1999,
with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
D. On December 20, 2000, DWQ staff observed a discharge of wastewater by Wendy
#9 & 10 from a broken force main to an unnamed tributary to Six Runs Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
E_ DM Farms had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $501.83.

II.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. DM Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. An unnamed tributary to Six Runs Creek 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 constituted 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. DM Farms may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G_S_ 143B-282_I(b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director Qf the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, DM Farms is hereby assessed a civil penalty of:
�0 0. for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 501.83 Enforcement costs
$_ �� S01' &3 TOTAL AMOUNT DUE

As required by G.S. I43-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G_S.143B-282.I(b), which are:
(I) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
3 Orr of
(Date) JqW,6. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

dv-07
MEMORANDUM
DATE: March 12, 2001
TO: Jeff Poupart, Supervisor
NonDischaarrge Compliance and Enforcement Unit
FROM: Paul Raril , ater Quality Regional Supervisor
Fayetteville egional Office
SUBJECT: Recommendation for Enforcement
Unpermitted Discharge of Swine Waste
Wendy # 9&10 Swine Farm
SR 1943, Clinton
Sampson County
Find attached a fast track enforcement package pertaining to the discharge of animal waste from the
subject swine facility. The attached inspection form will detail the basis for the action as well as
serving as a list of assessment factors.
If additional information or clarification is required, please advise.
/rh

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
fN THE MATTER OF
DM Farms of Rose Hill, LLC
FOR VIOLATIONS OF PERMIT
15A NCAC 21-1.0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Kerr T. Stevens, P.E.,
Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. DM Farms of Rose Hill, LLC, operates a concentrated animal operation in Sampson County.
B. The Wendy Nursery 9 & 10 Swine Farm was permitted as a nondischarge facility on August
H , 1999, in accordance with 15A NCAC 2H .0217.
C. On December 20, 2000, DWQ staff observed a discharge of wastewater by the Wendy
Nursery 9 & 10 Swine Farm from a force main to an unnamed tributary of Six Runs Creek,
which are Class "C-SW" waters of the State within the Cape Fear River Basin.
D. The Wendy Nursery 9 & 10 Swine Farm had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled S 501.83 .

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. DM Farms of Rose Hill, LLC. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. The Six Runs Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.
E. DM Farms of Rose Hill, LLC, 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 ten thousand dollars
($ I0,000.00) per violation may be assessed against a person for failing to act in accordance
with the terms, conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against DM Farms of Rose Hill,
LLC, pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, of the Division of Water Quality, 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, DM Farms of Rose Hill, LLC, is hereby assessed a civil penalty of:
for discharging waste to the waters of the State in violation of 15A
NCAC 2H .0217.
$ TOTAL CIVIL )PENALTY, which is percent of the
maximum penalty authorized by G.S.143-215.6A.
$ 501.83 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.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
Kerr T. Stevens., P.E., Director
Division of Water Quality

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s)
2, Regional Office:
December 20, 2000
Fayetteville, Water Ouality Section
3. Name of Owner of Property: DM Farms of Rose Hill, LLC. (Copy of Deed attached)
4. Name of Operator: DM Farms of Rose Hill, LLC.
5. Address: P.O. Box 1076
Rose Hill, NC 28458
6. Phone Number: [phone]
7. Description of Facility Location, Map excerpt attached.
From Clinton take H 24 East to Turkey, turn right on SR 1004 and follow to SR 1943 turn
ri ht and farm on right approximately 1.3 mile.
8. Date this facility began operation: The farm has been in full operation since 1994.
9. Date of last expansion: The facility has not expanded since original construction.
10. Has the facility registered with DWQ? YES X NO
If YES, date of registration
11. Does the facility have an approved Animal Waste Management Plan? YES NO X
Is one required? YES X NO
Date Approved: NIA
12. Has this facility received a CAFO Designation? YES NO X
If YES, date issued:
13. Type of Operation: Swine, 9000 Wean to Feeder
14. Number and type of livestock: There were approximately 9000 wigs present at the time of the
inspection.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in
any 12 month period. Twelve (12) months.
M. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes, the farm was designed to have approximately 15 acres of
Bermuda hay and small grain overseed. The waste management 121an calls for a combination of
Coastal Bermuda and Rye Grass to be Uown on various sites.
Page 1

17. Type of Waste Management System: Swine are kept in total confinement free stall barns with
slotted floors over flushing pits. Waste is flushed as needed from floor pits into a waste lagoon
system. The lagoon system is cormt osed o two (2) Iagoons from which waste can be pumped to
the, application fields via an underground piping system with solid set irrigation sprinklers.
18. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters : There are no other swine farms in the vicinitX of this tributalof Six Runs
Creek.
19. Proximity of facility to neighboring houses, wells, etc.: Approximate depth of ground water
table in the area of the facility or discharge: less than 10 feet.
21, Proximity of facility to surface waters: Facility waste application is located approximately 2O0
feet from a unnamed intermittent tributary to Six Runs Creek, Class "C-SW" waters.
22. Animal waste discharged. Swine
Witnesses: Robert Heath,_ DWO, Fayetteville_ Regional_ Office [phone].
John Hasty, DWO, Fayetteville Regional Office [phone]
23. Are pollutants discharged in the waters of the State? YE
If so, how? Robert Heath, (Environmental Specialist) with the DWQ. arrived at the unscheduled
routine inspection and began the site inspection. Upon arriving at the farm, Mr. Heath observed
that the upper lagoon had approximatelv_108 inches of freeboard. Further inspection of the
facility resulted in Mr. Heath following the ressure force main from the upper lagoon (lagoon
#.2 down gradient to the lower lagoon (lagoon # 1) where wastewater was observed running out
of a broken clean out into an intermittent unnamed tributary of Six Runs Creek. Further
inspection confirmed that the wastewater had entered the wetlands and flowed approximately%
mile towards Six Runs Creek. (See attached photos.)
24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24 hour
storm? No
25. What is the degree and extent of harm to the natural resources of the State, to public health, or to
private property resulting from the violation?: The discharge has caused the introduction of
nutrients into the receiving -surface waters that will cause or add to the possibility -of algal blooms
and accelerated eutrophication of the slow moving waters of the receiving stream. Also, samples
taken indicate elevated fecal coliform levels downstream of the facility.
Sample results:
Sample Location (8/8/00)
1.Source-ID#OOMX 12853 8
2. WetlandlD#OOMX128539
Coli form, Fecal / 100ml $-QD Nitrate
Page 2
800000 5�2-4 <1.0
89000 222 <1.0

***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION***
There are no known public health issues at this time. Waste discharges of this nature may based
on comments from Dr. M.A. Mixson, North Carolina Department of Agrieulture. VeteringU
Division, transport swine diseases if conditions ar� suitablq.
26. What is the duration and gravity of the violation?. As mentioned previously, the discharge was
identified by DWQ staff as the result of a routine inspection. The volume of waste observed in
the intermittent unnamed tributary wetland area suggest that the discharge occurred for several
days prior to, the discovery by the inspector.
27. Water Quality Assessment: At the time of the inspection, the dischar a flow was significant at
the points it reached the unnamed intermittent tributary to Six Runs Creek and several lar e
ponds were observed in the wetland.
28. What is the cost of rectifying the damage?: The writer observed areas that cleanup activities
would be recommended and DM harms was actively employing means to recover the wastewater
at the time the inspector departgd,from the facility.
29. What is the amount of money saved by noncompliance?: Based on observations made during
the investigations, no cost was significantly decreased by the discharge.
30. Was the violation committed willfully or intentionally?:
YES NO X
Explain: The problem occurred as the result of a broken clean out riser off of the pressure main
approximately 75 feet from the pump (lift) station. The broken clean out riser may have been
the result of the freezing temperatures days prior to the discovery_
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: Regional files
contained no previous discharge from this farm as a result of runoff from the s ra field or
malfunctions, of equipment.
32, What is the cost to the State for the enforcement procedures? Regional Costs are as follows:
Photo, film and developing:
$
4.47
Mileage: $0.23 per mile for 70 miles:
$
16.10
Fecal Coliform ($23.40 per sample):
$
46.80
BOD samples
$
64.80
Nutrient samples
$
46.80
After Hours Tech time
Copies (Sampson County Court House)
S
1.50
Robert Heath @ $20.01/hr
2 hours - Drive Time
1.5 hours - Investigation
4 hours - Report Development
7.5 hours total
$
150.07
John Hasty @ 19.71/hr
2 hours - Drive Time
$
39.42
Paul Rawls - 1 hour (Supervisory Review)
$
31.87
Central Office Review
S 100.00
Total
$ 501.83
Page 3

33. Type or general nature of business: Swine
34. What is the violator's degree of cooperation or recalcitrance:
DM Farms has been very cooperative and has taken steps to and prevent further discharges
from happening in the future.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. lWC : Visually Estimated at 50% of the unnamed intermittent tributary at the time of
inspection.
b. Receiving Stream: Six Runs Creek Class "C-SW" Waters
c. Damage: YES No X (Based on observations at the time of the investigation.)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations. Made to Owner/Operator:
l - Immediately construct a dam to prevent additional runoff from entering the tributa .
2- Take immediate action to prevent any future discharge of waste.
3- Continue to pump the remaining. wastewater/freshwater mix into the lagoon.
39. Recommendations for further DWQ Action:
- Notice of Violation Forwarded Au ust 22 2000
- Enforcement Action
- Re� inspection
40. Other Comments: In summarv. it is the opinion of this writer that the discharEe of waste was
accidental, however: the volume of wastewater identified in the wetland and the lagoon level
data submitted by D.M. Farms suggest that an inspection of the lagoon system should have been
made after the lagoon level remained the same for three consecutive weeks and the facility
received rainfall. The lagoon level remained the same for eight 8 consecutive weeks while the
rainfall records illustrate 3.5 inches-duringinches-during the period.
Page 4

®Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RAYNE STREET NC 037714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / (910) 864--8774 (FAX)
http://www.microbac.com
CHEMISTRY" • MICROBIOLOGY • FOOD SAFETY • CONSUN ER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTiCALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suits 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. B. Heath
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1_ Source - ID #OOMX128538
2. Wetlands -- ID #OOMX128539
3.
DATE REC'D: 12/20/00 SAMPLED: 12/20/00
SAMPLED BY: B. Heath
DELIVERED BY: J. Hasty
SAMPLE CODE: Ground, Grab
REFERENCE: Six Runs Nursey
DATA REVIEWED BY: L�tJ ���'x_ G" _t=•��
DATE REPORTED: 01/03/00
****4****}*}*}}*****i*}}+}}}}***i#'i*******+**+}}+i*}}**yk}}*}i***f-k*********i****
ANALYSIS bamoD 1 2 3
}}}}t}*}******+}**********}}};}}}i*a*}*******++*}+**+**********.4.k 'k 4'*****************
BOD (mg/L) EPA 405.1 594 222
COLIFORM, FECAL (per 100 ml) SM18 9222D 600000 >89000
NITRATE (mg/L) EPA 353.3 <1.0 <1.0
CQIo]TS: < = Less than
> = Greater than
PAGE 1 OF 1
The data and other information contained on this, and other accompanying documents: represent only the M E M B � F�
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-CPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

North Carolina
Department of Environment and Natural Resources i
A&
Division of NVater Quality �Jrw,�.
Fayetteville Regional Office N.CDENR
.Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
January 17, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. A. J. Linton
DM Farms
P.O. Box 1076
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLA TI N/NOTICE OF INTENT
Permit No. AWS 820015
Wendy Nursery 9 &: 10
Facility No. 82 - 15
Sampson County
Dear Mr. Linton:
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 December 20, 2000, staff from the Fayetteville Regional Office of the Division of Water
Quality performed an inspection of the Wendy Nursery 9 & 10 facility. During the inspection
wastewater was observed running into a ditch adjacent to the lower lagoon from a broken force main
and entering an unnamed tributary of Six Runs Creek in Sampson County. It was then recommended
to an employee, a farm worker, to begin emergency measures to include disconnecting the power to
the pump station and the construction of an earthen berm in the stream below the ponded waste in
the pocosin to prevent waste from entering Six Runs Creek:
225 GREEN STREET- SUITE 714 I SYSTEL BUILDING I FAYETrEVILLE, NC 28301.5043
PHONE (910) 43G-1541 FAX [phone] WW W.ENR.STAJ_L.NC.U5rLNR/
AN EQUAL OPPORTUNITY! AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Page 2
Wendy Nursery 9 & 10
January 17, 2001
The Division of Water Quality requests that the following items be addressed:
Provide a detailed explanation as to why the force main was broken and what actions are
proposed to prevent future discharges of this kind from occurring .
2. A more detailed and thorough inspection of the lagoon, pump station, and piping needs to
be conducted on a routine basis during freezing temperatures to prevent the future release
of wastewater.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
future problems with this system.
4. Submit the weekly lagoon levels for the facility for the past year in addition to the waste
application records for the year 2000 bermuda crop and the year 2000 through 2001 fall and
winter crop. In addition, submit a copy of the lagoon design information for the
lagoons to this office on or before January 31, 2001.
Failure to comply with the above conditions may result in the facility's General Permit
being revolted 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 Fayetteville Regional
Office of the Division of Water Quality is considering forwarding a recommendation to the
Director for consideration of enforcement for this violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
If you have an explanation for 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 recommendations for enforcement. This response should be received by
this office on or before January 31, 2001.
Inforrnation provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.

Page 3
Wendy Nursery 9 & 10
January 17, 2001
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Robert Heath, Environmental Specialist or myself at [phone].
Sincere] ,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

�e• �'�'1" '�'� �x.:rc t��'K�� DIVISIon Df,SW!ater Qnallty �F � -�` �... � w?a .� �� G � 3 �7a of-.
x. r
\"�-•-"`��-��`a a. awl-�-'�' '� �',-'_'` O,Ihvrs�oa ofSoil and`.Water Conser�ation,,.r ;fir .•a� � �:�p, u' - s'., .� .'"mod ',�-.�,
Type of Visit a Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit 0 Routine O Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access
Facilihr Number
Date of Visit: !�= 2 d Tirne: % r �l�� Printed on: 10/26/2000
' Z /J
....,, ... 0 Not Operational 0 Below Threshold
® Permitted ® Certified [Q Conditionally Certified [] Registered Date Last Operated or Above Threshold: .........................
Farm Name: ............. a[k....A'31�...... �—s! ....... ....... County:.........?... )-.`........... ........... ................ :......
Owner Name:'i�.e°.4.� Phone No: ....�c. ................................
Facilit Contact � .% • �=..�/,�,.� ... Title ................................. Phone No: �'t!�'
y S.................. ...........
Mailing Address:............L}- ���l�....��5 �o� f� ....�/...�.....-'�.E..7r,�......................... ...... ..........................
Onsite Representative: !`�,._. Integrator: ,,,j%1u�,, �'��
.........................................................................................................................................
Certified Operator: Q ,�-"- Y.�................................._.......,
-...............:..:............................................•......... ... Operator Certification tiumber.
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 0 ` Longitude 0 46
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Ca acity Population
Wean to Feeder 9oe:>D GUI 10 Layer ❑ Dairy
Feeder to Finish 10 Non -Layer I I❑ Nan -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total SSL W
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area
Holding Ponds / Solid Traps ❑ 1!o Liquid Waste'lanagement System
I0 Spray Field Area
Discharges & Stream Im acLs
1. Is any discharge observed from any part of the operation'?
Yes ❑ No
Discharge originated at: ❑Lagoon ❑ Spray Field A Other
a. If discharge is observed. was the conveyance man-made?
❑ Yes ,�J No
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ)
J Yes ❑ No
c. I1 discharge is observed. what is the eslimated flow in gal/inin?
,
d. Docs discharge bypass a lagoon system? (lf yes, notify DWQ)
❑ Yes N*No
2- Is there evidence of past discharge from any part of the operation?
❑ Yes JR"No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
19Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
❑ Yes 0 No
Su-ucturc I Structure 2 Structure 3 Structure 4 Structure
��
Structure b
Identifier: .............Z f/ ' �3
Freeboard (inches):
5100
Continued on back

Facility Number: fr1L — f Date at Inspection Printed on:
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management o3
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
1 O/26/2000
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Apulication
❑ Yes i No
r
❑ Yes 0 No
. ❑ Yes No
_'Yes No
❑ Yes 19 No
10. Are there any buffers that need maintenance/improvement? ❑ Yes -No
I I- Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes RNo
12. Crop type i+.n!/ 9.2A
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes Pa No
14. a) Does the facility lack adequate acreage for land application? 7� ElYes ElNo
b) Does the facility need a wettable acre determination'? Ayes ❑ No
c) This facility is pended for a wettable acre determination'? ❑ Yes XNo
15. Does the receiving crop need improvement? Yes ❑ No
16. Is there a lack of adequate waste application equipment? ❑ Yes KNo
Required Records & Documents
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, m.) maps. etc.)
etc
19, Does record keeping need improvement'? (ic/ 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?
(ie/ discharge, freebuard 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 saute agency`?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes XNo
❑ Yes fallo
❑ Yes 0 No
0�1_eu YesA No
❑ Yes QNo
❑ Yes EffNo
yiQlatidris:or deficiencies -were note(t during �his:visit; • Y'oir UJI1 •i-&6*4y rid ]Further
rorresAonde' e' ab' ' f_ this visit: :::::::::::::::::::::::::::::::::: :
Comments (refer to`questioiif. ), . Explait any YES answers and/or atiy recommendations or any other comments _,� a _ i
Useditwi.hgs of facility:to. better explain situations:=(use additional pages as necessary):
�"�:Rom.• o u.,�ywi� . r'r/'fc" Y�� �r.L Jr%r 'ems c L icc�i�+r� .9.'� i� i� fh'y`�i�o C/
..� ,�
/fog f y ./ ,f f
v c7 3 ii: -- !':'. �'t y :'t�ii•I Y�.� .!�.�s>! y=•CiT-i.,�%��?�y jr�si�s f n ��'j 4.1./�
•� � // � � � / f'/ :?.� %�%�/" /-'�jJ/"� �r{c:.l-fir li�I�i-',r
1_7�-��
'+ yy, "� , % y/f - v�.f. �✓�i �� •✓U/
�a� ir4�3�ir'�.�c�i q�• �fr�is/.o.�=�f1'scs�.rs'r�.rr> .�r� Z7
Reviewer/lnspector Name
Reviewer/inspector Signature: Date: /Z/2U/2G nep 5/p0

Facility Number: ,�� — rj Date of inspection Printed on: 10/26/2000
Odor Issues
26.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
8Yes
❑ No
liquid level of lagoon or storage pond with no agitation?
27.
Are there any dead animals not disposed of properly within 24 hours?
❑ Yes
E No
28.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
[RNo
roads, building structure, and/or public property)
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes
.0 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.)
❑ Yes
eU No
31.
Do the animals feed storage bins fail to have appropriate cover?
❑ Yes
,l No
32.
Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
PJ Yes
❑ No
'Additional .Comments -and/or DAL
rawmgs .
7i7f
''
elf,`.': �r''�✓,: � �,� �yi'„L,rr- � %��.�- � `� � '�F �,�' � p /� r ,C�,�Y/
w -
.7r.�;�i�
I:� • k. z ems` fJ:.��
J
5100

9M
D&4.=
P.O. Box 1076
FARM Rose Hill, NC 2845$
January 2, 2001
JRN. 2.2001 10:31AM P 1
PHONE NO. : 910 289 6434
Mr. B'ab Heath
Division of Water Quality
Wachovia Building, Suite 713
Faycttcvillc, NC 28301
i
Dear Mr. Heath,
This letter is in response to your visit on 12/20/2000 at Wendy Nursery 9 & 10, facility #
82-15; As you are aware the spill occurred due to a frozen clean out pipe. The pipe was
repaired on 12/20/2000 and was buried in the ground instead of protruding above the
qurfAc.:. Thic choiil(i remprly the fre.P7.ing problem_ We had a track hoe di8 2-bn,1P_tn.
capture and return the tainted water to the lagoon_ We also notified the appropriate news
nd
media, on Friday, December 2) I havc enclosed a copy of our letter as well as a list of
those notified.
If you have any questions or comments please contact me at 910-289-7364.
Sincerely,
i
A- J. Linton
Environmental Manager
4
I
AJL: d3 g
I

FR'3M
}
JRN. 2.2001 10:32AM P 2
PHONE NO. : 910 269 6434
For Immediate Release
Notice of Discharge a€,n. �ir+iala^.'��ta •- -
The Wendy 9 & 10 Nursery facility number 82 15 on Stotc Rcnd 19-13 seaf TWr-'.;ey had a -
discharge of swine waste of approximately 1,000 - 4,000 gallons. The discharge was first
observed on December 20, 2000 at 1:45 p.m. and resulted from a frozen pipe. It lasted
for approximately 3 hours. Wastewater' ei-Aeruet a weliand area which drains ro Six Runs
Creek but was contained and did not enter the creel[ or leave farm property. The line was
repaired the same day to prevent further discharge. This notice was required by North
Carolina Gpncral Ctatutca Article 21 Chapter 143.213,C- Fur niuic 4ifuriria(ivi1 %,us11elut A-.J-
Linton at [phone].

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P.O. Box 1076
Rose Hill, NC 28458
January 29, 2001
Mr. Paul Rawls
Division of Water Quality
225 Green Street
Suite 714 Systel Building
Fayetteville, NC 28301-5043
Dear Mr. Rawls:
This letter is in response to the notice of violation issued by your office on 1/17/200 1, to facility # 82-15.
On December 20, 2000 Robert Heath -of your office was conducting a routine inspection of the facility.
Mr. Heath noticed waste water leaving a broken force main and entering a cut -over behind the farm. The
waste water traveled through the cut -over and entered an unnamed tributary of Six Runs Creek, but did not
reach Six Runs.
The location at which the force main was broken is at one of the lowest points in the system. The clean -out
that broke was above the ground and exposed. Due to the freezing temperatures, the waste water
apparently settled in this location and froze. When the pipe thawed, the PVC cracked causing the spill.
The clean out has been removed and the line repaired underground. We brought in a track hoe and dug a
hole to capture the waste water. We then pumped it back to the primary lagoon.
We have implemented a system of checking the lift station and it's piping twice daily and then signing off
on this activity. We are also in the process of conducting lift station training for our personnel. This
training has been conducted in the past but we feel that it is needed again due to some changes in our lift
station operations. We are also taking the following actions: replacing the time clocks with heavier duty
ones at a cost of $90, reconfiguring the float tree with a knew one at a cost of S 150 not including labor, and
creating a call up feature to notify personnel of problems .
We have cleaned the area around the force main and installed posts at the clean -out locations. The posts
have been painted orange at the top to make them more visible.
We feel that this was an unfortunate incident, which had little or no impact on the environment. This lift
station has been installed and operational since 1997 with no incidents. We could not have imagined that
schedule 80 PVC would crack when full of water and exposed to the elements. As stated earlier, this
system has been in place and working properly since 1997. We do not feel that enforcement action is
warranted in this case due to circumstances out of our control.
We are also including with this letter the documents that you requested.
If you have any further questions, please call A. J. Linton at 910-289-7364.
Sincerely,
A. J. Linton
DM Farms Environmental Manager
AJL/dg

We 9&10
Date
Rainfall
Lgn#g
gn
- an
9-Jan
0.8
30
16-Jan
0.4
33
23-Jan
2
31
30-Jan
2.7
21
6-Feb
0.1
20
13-Feb
1.2
18
20-Feb
1
18
27-Feb
1.2
21
5-Mar
0
21
12-Mar
0.6
27
19-Mar
3.1
19
26-Mar
1.5
22
2-Apr
0.6
22
9-Apr
0.6
25
16-Apr
1.5
25
23-Apr
0.6
27
30-Apr
0.7
28
7-May
0
29
14-Mayl
0
26
21-May
0.6
32
28-May
0.8
34
4-Jun
3
31
11-Jun
0.4
30
18-Jun
0
33
25-Jun
0
39
2-Jul
1.1
46
9-Jul
0.8
49
16-Jul
0.1
49
23-Jul
0.5
55
30-Jul
4.5
50
6-Aug
0.4
48
13-Aug
0
48
20-Aug
0
54
27-Aug
1.5
55
3-Sep
2
54
10-Sep
1.5
54
17-Sep
0
60
24-Sep
2
72
1-Oct
3
72
8-Oct
0
79
15-octl
0
90
22-Oct
0
96
29-Oct
0
96
5-Nov
0
108
12-Nov
0
10$
19-Nov
0.6
108
26-Novi
1.1
108
3-Dec
1
108
10-Dec
0.6
108
17-Dec
1.1
108
24-Dec
0.81
108
- ec
Page 1
LGLS2000.

Form IRR-2
REPORT DATE:
Farm # 1 Field #
Fields Size (acres) = (A)
FARM OWNER:
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Report
1/25/2001 One Form for Each Field per Crop Cycle
2643 1
16.30
Irrigation Operator Terry Tate
BONHAM ROAD Irrigation Operator's
GNOLIA N 28C 453 Address -W
0)-289-7298 I Operator's Phone #
From Waste Utilization Plan
-
FACILITY #: 82-15
Crop Type
F� BERMUDA/RYE
Recommended PAN
Loading (lbslacre) = (B)
285
235 --- 50
(1) (2) (3) (4) (5) (6) {7) (8) (9) (10)
(11) First Crop
(11) Double Crop
Date Start End Totai # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mm/ddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(lbslacre)
Before 11 /01/2000
'See (11) Below
Nitrogen Balance
(lbslacre)
(gal/min) (gallons) (gallacre) (1bsll000 gal) (lbs/acre)
(3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000
After 11101 /2000
'See (11) Below
411/00
5.0
5.8
48
1
225
10,800
663
1.10 03
+ 234
+ 50
411/00
5.0
5,8
48
1
225
10,800
663
1.10 0.7
+ 234
+ 50
411100
5.0
5.8
48
1
225
10,800
663
1.10
0.7
+ 233
+ 50
411100
5.0
5.7
42
1
200
8,400
515
1.10
0.6
+ 232
+ 50
411100
5.0
5.8
48
1
200
9,600
589
1.10
0,6
+ 232
+ 50
4/1100
5.0
5.8
48
1
150
7,200
442
1,10
0.5
+ 231
+ 50
411100
5.0
5.7
42
1
175
7,350
451
1.10
0.5
+ 231
+ 50
4/1/00
5.0
5.7
42
1
150
6,300
387
1.10
0.4
+ 230
+ 50
4/1/00
5.0
5.7
42
1
150
6,300
387
1.10
0.4
+ 230
+ 50
411 /00
5.0
5.6
36
1
225
8,100
497
1.10
0.5
+ 229
+ 50
412190
5,0
5.5
30
1
225
6,750
414
1.10
0.5
+ 229
+ 50
415/00
5.0
5.6
36
1
225
8,100
497
1.10
0,5
+ 228
+ 50
415100
5.0
6.0
60
1
225
13,500
828
1.10
0,9
+ 227
+ 50
415100
5.0
5.8
46
1
225
10,800
663
1.10
0.7
+ 227
+ 50
4/5100
5.0
5.7
42
1
200
81400
515
1.10
0.6
+ 226
+ 50
416/00
5.0.
5.8
48
1
200
9,600
589
1.10
0.6
+ 225
+ 50
416100
5.0
5.8
48
1
150
7,200
442
1.10
05
+ 225
+ 50
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
(1 1)Enter the value recieved by subtracting column (10) from (B), Continue
subtracting column (10) form column (1 1) following each irrigation event.
Owner's Signature
Certified Operator (Print)
Operator's Signature
1of10

Form IRR-2 Lagoon Irrigation Fields Report <,---:...............................---------�
REPORT DATE: 1/26/2001 One Form for Each Field per Crop Cycle
Farm # / Field # f.__:� 2643 -_-J 1 FACILITY #: �82 1C T
Fields Size (acres) = (A) 16.30 1_
FARM OWNERi t?M>=fiF1ES< i r h'' t'i>>xz„:> asx 3 Irrigation Operator Terry Tate
Owner's Address 692 BONHAM ROAD Irrigation Operator's _
MAGNOLIA NC i28453 Address
Owner's Phone # [phone] - Operator's Phone #
From Waste Utilization Plan_
( BERMUDAIRYE Recommended PAN f 285 235 --- 50
Crop Type I I I nnriinn llhslanrel = (Rl I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) _
(11) First Crop
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(lbs/acre)
(gallmin) (gallons) (gal/acre) (lbs11000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 7/(A) See(9)Below (8)x(9)11000
Before 11/01/2000
'See (11) Below
417100
5.0
5.6
36
1
225
8,100
497
1.10
0.5
+ 224
417M0
5.0
5.8
48
1
225
10,800
663
1.10
0.7
+ 224
4/7/00
5.0
5.8
48
1
225
10,800
663
1.10
0.7
+ 223
5I9100
5.0
5,9
54
I 1
225
12,150
745
0.94
0.7
+ 222
519100
5.0
5.B
48
I 1
150
7,200
442
0,94
0.4
+ 222
519100
5.0
5.5
30
1
150
4,500
276
0.94
i 0.3
+ 221
519100
5.0
5.8
48
1
175
8,400
515
0.94
0.5
+ 221
519100
5.0
5.6
36
1
225
8,100
497
0.94
0.5
+ 221
5/9/00
5.0
5,8
48
1
225
10,800
663
0.94
0.6
+ 220
519100
5.0
5.9
54
1
200
10,800
663
0.94
0.6
+ 219
5/9100
5.0
5.8
48
1
200
9,600
589
0,94
0.6
I
+ 219
5118100
5.0
5.8
48
1
225
10,800
663
0.94
0.6
+ 218
5118100
5.0
5,6
36
1
225
5,100
497
0.94
0.5
+ 218
5118100
5.0
5.6
36
1
225
8,100
497
0.94
0.5
+ 217
5/18100
5.0
5,6
36
1
200
7,200
442
0.94
0.4
+ 217
511 woo
5.0
5.5
30
1
200
6,000
368
0.94 0.3
I
+ 216
5119/00
5.0
5,5
30
1
150
4,500
276
0.94 I 0.3
+ 216
(9) NCDA Waste Analysis or Equivalent or MRCS Estimate, Technical Guide Section 633
(11)Enter the value recieved by subtracting column (10) from (B). Continue
subtracting column (10) form column (11) following each irrigation event.
Owner's Signature
Certified Operator (Print)
Operator's Signature
(11) Double Crop -
Nitrogen Balance
(Ibslacre)
After 11/01/2000
"See (11) Below
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
+ 50
2 of 10

Form IRR-2
REPORT DATE:
Farm # 1 Field #
Fields Size (acres) = (A)
FARM OWNER:
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Report
1/26/2001 One Form for Each Field per Crop Cycle
2643 _ ] 1 _
16.30
Irrigation Operator
692 BONHAM ROAD irrigation Operator's
MAGNOLIA -NC 25453-I Address
(910)-289-7298 Operator's Phone #
From Waste Utilization Plan
erry Tate
FACILITY M 82-15
Crop Type
SERMUDA/RYE Recommended PAN
Loading (Ibslacre) = (B) _
285 -I
F(1)
235 --- 50
(2) (3) (4) (5) (5) (7) (8) (10)
(11) First Crop
(11) Double Crop
_ _ _ �(9) _
Date Start End Total # of Sprinklers Flow Rate Totat Volume Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(ibslacre)
Before 1 1/0112000
`See (11) Below
Nitrogen Balance
(Ibslacre)
(gallmin) _ (galions) (gallacre) (Ibs11000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000
Ater 11101,'2000
"See (11) Below
5119100
5.0
5,8
48
1
150
7,200
442
0.94
0.4
+ 216
+ 50
5119/00
5.0
5.5
30
1
175
5,250
322
0.94
0.3
+ 215
+ 50
5119100
5.0
5.5
30
1
150
4,500
276
0.94
0.3
+ 215
+ 50
5120100
5,0
5.6
36
1
225
8,100
497
0.94
0.5
+ 215
+ 50
5120100
5.0
5.8
48
1
225
10,800
663
0.94
0.6
+ 214
+ 50
5120100
5.0
5.8
48
1
225
10,800
663
0.94
0.6
+ 213
+ 50
5/24/00
5.0
5.5
30
1
200
6,000
368
0,94
0.3
+ 213
+ 50
5124100
5,0
5,5
30
1
200
6,000
368
0.94
0.3
+ 213
+ 50
5124IDD
5.0
5.5
30
1
225
6,750
414
0.94
0A
+ 212
+ 50
5124/00
5.0
5.6
36
I 1
225
8,100
497
0.94
0.5
i
+ 212
+ 50
5124/00
5.0
5.5
30
1
225
6,750
414
0,94
I 0A
+ 212
+ 50
5125/00
5.0
5.6
36
1
150
5,400
331
0.94
0.3
+ 21.1
+ 50
5/25100
5.0
5.8
48
1
175
8,400
515
0.94
0.5
+ 211
+ 50
5127100
5.0
5.9
54
1
125
6,750
414
0.94
I 0.4
+ 210
+ 50
5127100
5.0
5.7
42
1
150
6,300
387
0.94
0.4
+ 210
+ 50
5127100
5.0
6.0
60
1
150
9,D00
552
0,94
I 0.5
+ 209
+ 50
716100
1502,2
1503.3
66
1
225
14,850
911
0.22 0.2
+ 209
+ 50
(9) NCDA Waste Analysis ar Equivalent or NRCS Estimate, Technical Guide Section 633
(11)Enter the value recieved by subtracting column (10) from (B), Continue
subtracting column (10) form column (11) following each irrigation event,
Owner's Signature
Certified Operator (Print)
Operator's Signature
3 of 10

Form IRR-2
REPORT DATE:
Farm # I Field #
Fields Size (acres) = (A)
FARM OWNER:
Owner's Address
Owner's Phone #
Lagoon irrigation Fields Report
1/26/2001 One Form for Each Field per Crop Cycle
_ 2643
I
16.30
Irrigation Operator ITenry Tate
BONHAM ROAD Irrigation Operator's
3NOLIA NC 28453 Address -
-)-289-7298 Operator's Phone #
From Waste Utilization Plan
FACILITY #:
Crop Type
BERMUDAIRYE
Recommended PAN
Loading (Ibslacre) = (B)
---1
285
I
235 --- 50
(1) (2)_ (3) (4) (5)(6) (B) (9)_ _ (10)_
(11) First Crop_
(11) Double Crop
-
_(7)
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre
Nitrogen Balance
(Ibslacre)
Before 11/0112000
'See (11) Below
Nitrogen Balance
(Ibslacre)
min) (b1PAN
(gallo(gal/acre) s100 gal) (ibslacre)
(3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000
After 11/01/2000
'See (11) Below
7/6/00
1503.3
1504.3
60 1
225
13,500
828
0.22
0.2
+ 209
+ 50
716100
1504.3'
1505.3
60 1
225
13,500
828
0.22
0.2
+ 209
+ 50
7/6/00
1505.3
1506.3
60
1
200
12,000
736
0.22
0.2
+ 209
+ 50
7/6/00
1506.3
1507.3
60
1
200
12,000
736
0.22
0.2
+ 209
+ 50
716100
1507.3
1508.3
60
1
150
9,000
552
0.22
0.1
+ 208
+ 50
716100
1508.3
1509.3
60
1
175
10,500
644
0.22 j
0.1
+ 208
+ 50
716100
1509.3
1510.3
60
1
150
9.000
552
0.22
0.1
+ 208
+ 50
716100
1510.3
1511.3
60
1
150
9,000
552
0.22
0.1
+ 208
+ 50
717/00
1511.3
1512.3
60
1
125
7,500
460
0.22
al
206
+ 50
7/7l00
1512.3
1513.3
60
1
100
6,000
368
0.22
0.1
+ 208
+ 50
7/7/00
1513.3
1514.3
60
1
225
13,500
828
0.22
0.2
+ 208
+ 50
717/00
1514.3
1515.3
50
1
225 I
13,500
828
0.22
0,2
+ 208
+ 50
717100
1515.3
I 1516.3
60
1
225 II
13,500
828
0.22
0,2
+ 207
+ 50
717100
1516.3
1517.3
60
1
200
12,000
736
0.22
i 0.2
+ 207
+ 50
717/00
1517.3
1518.3
60
1
200
12,000
736
0.22
0.2
+ 207
+ 50
717100
1518.3
1519.3
60
1
150 !
9,000
552
0.22
0.1
+ 207
+ 50
-717100
1519.3
I 1520.3
60
} -
175 --
10,500
644 -
0.22- - �-
- 0.1
-+ 207 --
- + - 50 -�
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate; Technical Guide Section 633 Owner's Signature
(1 1)Enler the value recieved by subtracting column (10) from (B). Continue - Certified Operator (Print)
subtracting column (10) form column (11) following each irrigation event Operator's Signature

Form IRR-2
Lagoon Irrigation Fields Report
REPORT DATE:
1/26/2001
One Form for Each Field per Crop Cycle
Farm # 1 Field #
Fields Size (acres) _ (A)
16,30
FARM OWNER:
MAittut
s } ;' Irrigation Operator
Terry Tate
Owner's Address
692 BONHAM ROAD Irrigation Operator's
MAGNOLIA
NC 128453 Address
-
Owner's Phone #
(910)-289.7298
-_�
Operator's Phone #
From Waste Utilization Plan
FACILITY M , 82-15
Crop Type BERMUDAIRYE
Recommended PAN
Loading (Ibslacre) = (B)
285 235 --- 50
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(11) First Crop
(11) Double Crop
_ _ _
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmldd/yr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(Ibslacre)
Before 11/01/2000
'See (11) Below
Nitrogen Balance
(Ibslacre)
(gallmin) (galions) (gallacre) (Ibs/1000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000
After 11/01/2000
'See (11) Below
7110100
1520.3
1521.3
60 1
1
150
9,000
552
0.22
0.1
+ 207
+ 50
7110100
1521.3
1522.3
60
1
150
9,000
552
0.22
0.1
+ 207
+ 50
7/1M00
1522.3
1523.3
60
1
125
7,500
460
0.22
0,1
+ 206
+ 50
7/10100
1523.3
1524.3
50
1
100
6,000
36B
0,22
0.1
+ 206
+ 50
7/10/00
1524-3
1525.3
60
1
225
13,500
828
0.22
0.2
+ 206
+ 50
7/10100
1525.3
1526.3
60
1
225
13,500
828
0.22
0.2
+ 206
+ 50
7/10100
1526.3
1527.3
60
1
225.
13,500
82B
0.22
0-2
+ 206
+ 50
7/10/00
1527.3
1528.3
60
1
200
12,000
736
0.22
0.2
+ 206
+ 50
7/10100
1528.3
1529,3
60
1
200
12,00D
736
0.22
0.2
+ 205
+ 50
7/11/00
1529.3
1530.9
98
1
150
14,400
883
0.22
0.2
+ 205
+ 50
7111/00
1530.9
1531.3
24
1
175
4,200
258
0.22
0.1
+ 205
+ 50
7111/00
1531.3
1532.3
60
1
150
9,000
552
0.22
0.1
+ 205
+ 50
7/11/00
1532.3
1533.3
60
1
150
9,000
552
0.22
0.1
+ 205
+ 50
7;11100
1533.3
1534.3
60
1
125 i
7,500
460
0.22 I 0.1
+ 205
+ 50
7/11/00
1534.3
15353
60
1
100
6,000
368
0.22 0.1
+ 205
+ 50
8/21/00
1535.3
1536,3
60
1
225
13,500
828
0.22 1 02
+ 205
+ 50
8/21l00
1536.3
1537.3
60
1
225 I
13,500
828
0.22 1 0,2
+ 204
+ 50
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate. Technical Guide Section 633
(11)Enter the value recieved by subtracting column (10) from (B). Continue
subtracting column (10) form column (11) following each irrigation event,
Owner's Signature
Certified Operator (Print)
Operator's Signature
5of10

Form IRR-2
REPORT DATE:
Farm # l Field #
Fields Size (acres) = (A)
FARM OWNER:
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Report
1/26/2001 One Form for Each Field per Crop Cycle
16.30
lAtti5 } Irrigation Operator Terry Tate
>_ BONHAM ROAD - - - Irrigation Operator's
,GNOLIA rNC 28453-I Address
0)-289-7298-----�-- Operator's Phone # -��-
From Waste Utilization Plan
FACILITY #: �2-15
Crop Type
BERMUDAIRYE
I -----1
Recommended PAN 285
Loading (Ibslacre) = (13)
235 --- 50
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(11) First Crop
(11) Double Crop
_ _!
Date Start End Total # of Sprink4ers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(Ibslacre)
Before 11/0112000
'See (11) Below
Nitrogen Balance
(Ibslacre)
(gal/min) (gallons) (gallacre) (Ibs11000gal) (lbslacre)
(3)-(2) (6)x(5)x(4) 71(A) . See (9) Below (8)x(9)11000
After 11/0112000
'See (11) Below
8/21/00
1537.3
1538.3
60
1
225
13,500
828
0.22
0.2
+ 204
+ 50
8121/00
1538.3
1539.3
60
1
200
12,000
736
0.22
0.2
+ 204
+ 50
8/21/00
1539.3
1540.3
60
1
200
12,000
736
0.22
0.2
+ 204
+ 50
W211DO
1540.3
1541.3
60
1
150
9,000
552
0.22
1 0.1
+ 204
+ 50
9118100
1541.3
1542.3
60
1 1
175
10,500
644
0,22
0.1
+ 204
+ 50
9/18100
1542.3
1543.3
60
1
150
9,000
552
0.22
0.1
+ 204
+ 50
9118100
1544.3
1545.3
60
1
125 E
7,500
460
0.22
0.1
+ 203
+ 50
9118100
1544.3
1545.3
60
1
150
9,000
552
0.22
0.1
+ 203
+ 50
9/18100
1545.3
1546.3
60
1
125
7,500
460
0.22
0A
+ 203
+ 50
9/18/00
1546.3
1547.3
60
1
225
13,500
828
0.22
0,2
+ 203
+ 50
908100
1547.3
1548.3
60
1
225
13,500
828
0.22
0.2
+ 203
+ 50
9118/00
1548.3
1549.3
60
1
225
13,500
828
D.22
i 0.2
+ 203
+ 50
9/19/00
1549.3
1550.3
60
1
200
12,000
736
0.22
0.2
+ 203
+ 50
90 9100
1550.3
1551.3
60
1
200 12,000
736
0.22
0.2
+ 202
+ 50
9/19/00
1551.3
1552.3
60
1
150
9,000
552
0,22
0.1
+ 202
+ 50
9119l00
1552.3
1553.3
60
1
175
10,500
644
0.22
0.1
+ 202
+ 50
9119lO0
1553.3
15543
60
1
150
9,000
552
0.22
0.1
+ 202
+ 50
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
(11 )Enter the value recieved by subtracting column (10) from (8) Continue
subtracting column (10) form column (11) following each irrigation event.
Owners Signature
Certified Operator (Print)
Operator's Signature------ -
6 of 10

Form IRR-2
REPORT DATE:
Farm # 1, Field #
Fields Size (acres) = (A)
FARM OWNER:
Owners Address
Owners Phone #
Lagoon Irrigation Fields Report
1/26/2001 One Form for Each Field per Crop Cycle
2643 �� 1
16.30�
FAh'A�16 Irrigation Operator
BONyHAM ROAD Irrigation Operators
'NOLIA _NC 28453 Address
)-289 7-� 298 `i Operators Phone #
From Waste Utilization Plan
Tate
FACILITY #: I82-15
Crop Type
BERMUDA/RYE Recommended PAN
Loading (Ibslacre) = {B)
r 285
235 --- 50 j
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
First Crop_
(11) Double Crop
_ -
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre PAN
_(11)
Nitrogen Balance
(Ibslacre)
Before 1110112000
'See (11) Below
Nitrogen Balance
(Ibslacre) _
(gallmin) (gallons) (gal/acre) (lbsl1000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)/1000
After 11101/2000
'See (11) Below
9/19/00
1554.3
1555.3
50
1
150
9,000
552
0,22
0.1
+ 202
+ 50
9119/00
1555.3'
1556.3
60
1
125
7,500
460
0.22
0.1
+ 202
+ 50
9/19/00
1556.3
1557.3
60
1
100
6,001)
368
0.22
0.1
+ 202
+ 50
9/27100
1557.3
1558.3
60
1
225
13,500
828
0.22
0.2
+ 201
+ 50
9127/DO
1558.3
1559.3
60
1
225
13,500
828
0.22
0.2
+ 201
+ 50
9127100
1559.3
1560.3
60
1
225
13,500
828
0,22
0.2
+ 201
+ 50
9127/00
1560.3
1561.3
60
1
200
12,000
736
0.22
0.2
+ 201
+ 50
9/27100
1561.3
1562.3
60
1
200
12,000
736
0.22
0.2
+ 201
+ 50
9/27/00
1562.3
1563.3
60
1
150
9,000
552
0.22
j 0.1
I
+ 201
+ 50
9128100
1546.1
1547.1
60
1
225
13.500
828
0.22
0.2
+ 200
+ 50
9128100
1547.1
1548.1
60
1
225
13,500
828
0.22
i 0,2
+ 200
+ 50
W28/00
1548,1
15491
60
1
1 225
13,5D0
828
0.22
0.2
+ 200
+ 50
9/28/00
1549.1
1550.1
60
1
200
12,000
736
0.22
0.2
+ 200
+ 50
9/28100
1550.1
1551.1
60
1
200
12,000
736
0.22
0.2
+ 200
+ 50
9130100
1551 1
1552.1
60
1
150
9.000
552
C 22
0.1
+ 200
+ 50
9130100
1552.1
1553.1
60
1
175
10.500
644
0,22
0.1
+ 200
+ 50
9130100
1553A
1554.1
60
1
150
9,000
552
0.22
0.1
+ 199
+ 50
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
(I I)Enter the value recieved by subtracting column (10) from (6). Continue
subtracting column (10) form column (11) following each irrigation event.
Owners Signature
Certified Operator (Print)
Operators Signature
7 of 10

Farm IRR-2 Lagoon Irrigation Fields Report
REPORT DATE: 1/26/2001 One Form for Each Field per Crop Cycle
Farm # ! Field # I 2643 �� j E FACILITY #: 82-15
Fietds Size (acres) = IA) 1 16.30
:_ k.:<:'s.^#%„<°:': nh'<'>..%:>:>:}'s;};::i`�:i?.;ifis>: ` trri ation Operator Ter Tate
FARM OWNER'.M 1;AIA 9 P ry --- --- _.
Owner's Address 692 BONHAM ROAD 4rhgation Operator's
MAGNOLIA µ NC 26453 Address
Owner's Phone # [phone] Operator's Phone #_
From Waste Utilization Plan
Crop Type
BERMUDAIRYE
Recommended PAN - - 285
Loading (Ibslacre) = (R)
235 --- 50
(1) (2) (3) (4) (5) (6) (7) (8) (9) - (10)-� j (11) First Crop 1
(11) Double Crop
-
Date Start End Total # of Sprinklers glow Rate Total Volume Volume Waste Analysis PAN Applied I Nitrogen Balance
mmlddlyr Time Time Minutes Operating per Acre PAN j (Ibslacre)
Nitrogen Balance
(lbs/acre)
(gallmin) (gallons) (galtacre) (lbs11000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 7!(A) See (9) Below (8}x{9)11000
Before 11/01/2000
'See (11) Below
After 1110112000
'See (11) Below
9130100
1554.1
1555,1
60
1
150
9,000
552
0.22 I
0.1
+ 199
+ 50
9130/00
1555.1
1556.1
60
1
125
7,500
460
0.22
0.1
+ ' 199
+ 50
9130l00,
1656.1
1557.1
60
1
100
6,000
368
0,22
0.1
+ 199
+ 50
1012100
1557.1
1558.1
60
1
225
13,500
828
0.22
0.2
+ 199
+ 50
1012100
1558.1
1559.1
60
1
225
13,500
828
0.22
0.2
+ 199
+ 50
1012100
1559.1
1560.1
60
1
225
13,500
828
0.22
0.2
+ 199
+ 5o
10/3*0
1561.1
1562.1
60
1
200
12,000
736
0.22
0.2
+ 198
+ 50
1013/00
1562.1
1563.1
60
1
200
12,000
736
0.22
0.2
+ 198
+ 50
10/3/00
1563.1
1564.1
60
1
150
9,000
552
0,22
0.1
+ 198
+ 50
1014100
1563.3
1564.3
60
1
175
10,500
644
0.22
0.1
+ 198
+ 50
1014100
1564.1
1565.1
60
1
175 I
10,500
644
0.22
I 0.1
+ 198
+ 50
10l4100
1564.3
1565.3
60
1
150
9.000
552
0.22
0.1
+ 198
+ 50
1014100
1565.1
1566.1
60
1
150
9,000
552
0.22
0.1
+ 198
+ 5o
1014100
156.5.3
1566,3
60
1
150
9,000
552
0,22
0.1
+ 197
+ 50
10/4100
1566.1
1567.1
60
1
150
9,000
552
- 0.22 0.1
+ 197
+ 50
1014100
1566.3
1567.3
60
1
125
7,500
460
0.22
0.1
+ 197
+ 50
1014100
1567.3
t568.3
60
1
100
6,000
368
0.22
0.1
+ 197
+ 50
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
(1 1)Enter the value recieved by subtracting column (10) from (S). Continue
subtracting column (10) form column (11) following each irrigation event.
Owners Signature
Certified operator (Print)
Operator's Signature
8of10

Form IRR-2 Lagoon Irrigation Fields Report
REPORT DATE: 1/26/2001 One Form for Each Field Per Crop Cycle
Farm# ! Field# _ -_ 2643 _-i 1
Fields Size (acres) = (A) 16.30
FACILITY #: R2-15 -1
FARM OWNER: gM1=Aft( *tat } t } s 3#¢ > >},` Irrigation Operator Terry Tate
Owners Address 9 BONHAM ROAD � Irrigation Operator's
('MAGNOLIA INC 28453 Address
Owner's Phone # [phone] i Operators Phone #
From Waste Utilization Plan _F_
BERMUQAIRYE Recommended PAN 285235 --- 50
Crop Type Loading flbsJacrel = IB1
-- - _.
(1) (2) (3) (4) (5) (6) (7) _ (8) _----_(9) - (10)
(11) First Crop-!
(11) Double Crop
_
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(Ibslacre)
Before 11/0112000
'See (11) Below
Nitrogen Balance
(lbslacre)
(gallmin) (gallons) (gallacre) (lbs11000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000
After 11/01/2000
'See (11) Below
1015100
1567.1
1568.1
60
1
125
7,500
460
0.22
0.1
+ 197
+ 50
1015100
1568.1
1569.1
60
1
100
6,000
368
0.22
0.1
+ 1.97
+ 50
1016100
1569.1
1570.1
60
1
225
13,500
828
0.22
0.2
+ 197
+ 50
1016/00
1570.1
1572,1
120
1
225
27,000
1,555
0.22
0A
+ 196
+ 50
1016100
1572.1
1573.1
50
1
225
13,500
828
0,22
0.2
+ 196
+ 50
10/9100
1570.7
1571.7
60
1
225
13,500
828
0.22
0.2
+ 196
+ 50
1019100
1571.7
1572.7
60
1
225
13,500
828
0.22 I
0.2
+ 196
+ 50
10/9100
1572.7
1573.7
60
1
225
13,500
828
0.22
0.2
+ 196
+ 50
1019100
1573.7
1574.7
60
; f
200
12,000
736
0.22
0.2
+ 196
+ 50
10/10/00
1574.7
1575.7
60
1
200
12,000
736
0.22
0.2
+ 195
+ 50
10/10/00
1575.7
1576.7
60
1
150
9,000
552
0.22
0.1
+ 195
+ 50
10/10/00
1577.7
1578.7
60
1
175
10,500
644
0.22
GA
+ 195
+ 50
10111/00
1578.7
1579.7
60
1
150
9,000
552
0.22
0.1
+ 195
+ 50
10/11/00
1579.7
1580.7
60
1
150
9.000
1
552
0.22
0.1
+ 195
+ 50
10/11/00
1580.7
15B1.7
60
1
125
7,500
460
0.22
01
+ 195
+ 50
10/19/00
1580.0
1581.0
60
1
225
13,500
828
0.22
0.2
+ 195
+ 50
1 oh 9100
1581.0
1582.0
6D
1
225
13,500
828
0.22
! 0.2
+ 194
+ 50
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
(11)Enter the value recieved by subtracting column (10) from (B). Continue
subtracting column (10) form column (11) following each irrigation event.
Owner's Signature
Certified Operator (Print)
Operators Signature
9 of 10

Form 1RR-2 Lagoon irrigation Fields Report
REPORT DATE: 1/26/2001 One Form for Each Field per Crop Cycle
Farm # 1 Field # T 2643 1 FACILITY #: 82-15
Fields Size (acres) _ (A) 16 30
FARM OWNER: #(={ irrigation Operator Terry Tate
Owner's Address 692 BONHAM ROAD � Irrigation Operator's --"- -- - _ - - „-- _--- - --
MAGNOLIA NC 28453 Address
Owner's Phone # [phone] Operator's Phone #
From Waste Utilization Plan
-7
Crop Type
BERMUDAIRYE Recommended PAN 285 235 --- 50
I narlinn llhclar.ral = (Al
(1) (2) (3) (4) (5) (6)_--�(7) (8) (9) _ __(10)
-Volume
- (11)'First Crop
(11)DoubleCrop_
_-_....__ _ _
Date Start End Total # of Sprinklers Flaw Rate Total Volume Waste Analysis PAN Applied
mmlddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(Ibslacre)
Before 11/01/2000
'See (11) Below
Nitrogen Balance
(tbslacre)
(galrmin) (gallons) (gallacre) (Ibs11000gaf) (Ibslacre)-
(3)-(2) (6)x(5)x(4) 71(A) See (9) Beiow (8)x(9)11000
After 11/01/2000
'See (11) Below
10/19/00
1582.0
1583.0
60
1
225
13,500
828
0.22
0.2
+ 194
+ 50
10/19/00
1563.0
1583.6
36
1
200
7,200
442
0,22
0.1
+ 194
+ 50
10/20/00
1583.6
1584.E
60
1
200
12,000
736
0,22
0.2
I
+ 194
+ 50
10/20/00
1584.6
1585.6
60
1
150
9,000
552
0.22
0.1
+ 194
+ 50
11/3/00-1
1589A
1590.4
60
1
225
13,500
828
0.22
0.2
+ 194
+ 50
1113/00
1590.4
1591.4
60
1
225
13,500
828
0.22
0.2
+ 194
+ 5o
11l3100
1591.4
1592.4
60
1
225
13,500
828
0.22
0.2
+ 194
+ 49
1113100
1592.4
1593,4
60
1
200
12,000
736
0,22
0.2
+ 194
+ 49
1113100
1593A
1594.4
60
1
200
12,000
736
0.22
0.2
+ 194
+ 49
1113100
1594.4
1595.0
36
1
150
5,400
331
0.22
0.1
+ 194
+ 49
-HOURSLEFTTOPUMP"' 140.4 Before 11/0112000 I,nwU,Tvu vL (4)NUINIVNIN@�U
ON ENTIRE FIELD USING THE CROP CYCLE TOTALS (•) NUTRIENT EXCESS
CURRENT SAMPLE ANALYSIS 35.5 After 1110112t]
"' HOURS LEFT TO PUMP - - caution should be taken when using this estimate as it approaches zero! This is an estimate and factors such as changes in application rates (gpm) and
,fluctuations in lagoon analysis (especially during winter months) may cause it to be incorrect! Failure to allow for such changes can cause over applications!
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
(11)Enter the value recieved by subtracting column (10) from (a), Continue
subtracting column (10) form column (11) following each irrigation event.
Owner's Signature
Certified Operator (Print)
Operators Signature
10 of 10

Grower: SIX RUNS NURSERY Designed By:
Address: -P.O. BOX 759 Checked By:
ROSE HILL, NC 28458 Date:
County: SAMPSON Sheet
ANAEROBIC WASTE LAGOON DESIGN
FARM INFORMATION
Farm Population:
Nursery:
Finishing:
Farrow to weanling:
Farrow to feeder:
Farrow to finish:
Boars:
Storage Period:
25 Yr. / 24 Hr Storm Event
"Heavy Rain" Factor
Rainfall in Excess of Evaporation
Additional Water Usage:
Additional Drainage Area
LAGOON INFORMATION
Is Lagoon Designed as an Irregular Shape?
Does Operator Want Emergency Spillway?
Is This Design for an Existing Farm?
is Drain Tile Req'd to Lower SHWT?
Seasonal High Water Table Elev: - - - -
F eb d•
(Y/N)- - - - - - - - - - Y
N
(Y/N)------------Y
REQUIREDI!!!!!! Y
I e oar . ---------------------
Emergency Spillway Flow Depth: Not Applicable
Top of Storm /Spillway Buffer: ---------------------
Side Slopes: ---------------- - -----
Press ALT-C to Download
contour areas see sheet 2 of 7...
Top of Dike Elevation: -----------------------
Finished Bottom Elevation: ----------------------
Start Pump Elevation: --------------------
Stop Pump Elevation: ----------------------
LAGOON VOLUME REQUIREDVOL. DESIGN VOLUMES
T
Storm Stor =
Temporary =
Permanent =
)tal Volume =
58946 (Cu.Ft.)
164268 (Cu.Ft.)
0 (Cu.Ft.)
223,214 (Cu.Ft.)
66,533 (Cu.Ft.)
173,825 (Cu.Ft.)
14,745 (Cu.FQ
255,102 (Cu.Ft.)
Min. Required Liner Thickness -----------------------
Lagoon Surface Area (insideTOD)--------------- - - - - --
CHB
JNT
05/20/9,
1 of 7
i
9000 Hd.
0
0
0
0
0
180 Days
7.5 In. F
7.0 In.
0
53968 S.F
E
103.50 Ft.
1.0 Ft.
3 :1 (H:V)
11210 Ft.
100.90 Ft.
109.20 Ft.
101.90 Ft.
°ice REQ'D.
3
12.87%
105.82%
1 14.29%
1.6 Ft.
40,346 S.F.
,u,phy Family Farms Engineering P.O. Box 759, Ros, Hill NC 2645,3 (910) 25 9--2' 1 7

urower. SIX RUNS NURSERY Designed By: CHB
Address: P.O. BOX 759 Checked By: JNT
ROSE HILL, NC 28458 Date: 05/20/97
County: SAMPSON Sheet 2 of 7
ACTUAL DESIGN VOLUME CALCULATIONS
LAGOON STAGE --AREA VOLUMES
Contour
Elevation (FT.)
Area SF
Incr. Vol. (Cu. FT)
Y
Cumul. Vol. Cu. FT
100.90
13,648
101.00
13,845
1,375
1,375
10200
15,866
14,856
16,230
103.00
17,961
16,914
33,144
104.00
20,127
19,044
52,168
105.00
22,367
21,247
73,435
106.00
24,678
23,523
96,957
107.00
27,062
25,870
122, 827
108,00
29,518
28,290
151,117
109.00
32,047
30,783
181,900
110.00
34,648
33,348
215,247
111.00
37,322
35,985
251,232
11200
40,068
38,695
289,927
11210
40,346
4,021
293, 948
These volumes were calculated using the vertical averaae end area method.
TOTAL REQD VOLUME:
223,214
CF
CUMULATIVE VOL.
ZONE VOL 114.29%
END PUMP = _ _ _ >
101.90
FT
14,745 CF TRWT
14,745
START PUMP = _ = >
109.20
FT
188,569 CF TEMP
173,825 105.82%
MAX STORAGE _ _ >
111.10
FT
255,102 CF STORM
66,533 11287°,,
Murphy Family Farms Engineering
P.O. Box 759, Rose Hill NC 26458
(9 f0) 289-21 I ;

i-rower: SIX RUNS NURSERY Designed By: CHB
F address: P.O. BOX 759 Checked By: JN'I-
ROSE HILL, NC 28458 Date:
County: SAMPSON S4heet 3 of 7
Ali
MINIMUM REQUIRED
Permanent Storage: ** SEE BELOW
Required Treatment Volume:
VOLUME CALCULATIONS
Animal Type Capacity * ALW * (cuft jlb)
'Nursery
9,000
30
0.00
Finishing
0
135
0.00
Farrow to weanling
Farrow to feeder
0
0
433
_522
__ 0.00
O.0
Farrow to finish
0
1 ,417
0.00
Boars
0
400
- 0.00
Total Required Treatment Volume (cu. tt.) =
Sludge Stora e Volume.
Animal Type Capacity AI_W * (cu.ft./lam_ : Total
Nursery
9,000
30
Finishing
0
135
0.001
0
Farrow to weanling
0
433
0.00
Farrow to feeder
0
522
0.00
0
Farrow to finish
0
1,417
0.00
0
Boars
0
400
0.000
0
Total Required Sludge Storage Volume (cu. ft.) = 0
Temporary Storage_ Volume:
Manure Production:
pima e a aci to. Pergo gas/ ay = o a
Nursery
9,000
180
a,30
493,200
Finishing0
180
1.377
_
C
Farrow to weanling
0
180
4.39
0
Farrow to feeder
0
180
5.301
_
0
Farrow to finish
0
180
14.381
0
Boars
0
180
4.061
0
Total Manure Production (gals.) = 493,200
Total Manure Production (cu.ft.; == 65,936
Excess Fresh Water:
Animal Type Capacity * Sto. Period �ga1s;'Hd1da, = Totals
-Nursery
9,000
180
0.201
324,000
.Finishing
0
180
0.901
0
Farrow to weanling
0
180
2.9011
- - 0,
Farrow to feeder
—0
—180
3.50
0'
Farrow to finish
0
180
9.501
01
Boars
0
180
2.70
i otal Fresh Water Excess (gals.) =
Total Fresh Water Excess (cu.ft.)=
" This lagoon will o erate as a 2nd stage, therefore, no ermanent s
A97phy Family Farms Engineering P.O. Box 759, Rose Hill NC 25453
324, UUU
43.31 6
I

urower. SIX RUNS NURSERY
Address: P.O. BOX 759
ROSE HILL, NC 28458
Countv: SAMPSON
Temporary Storage Vol ume: (Cont.)
Designed By: CHB
Checked By: ,ANT
Date: 05/20/97
Sheet 4 of 7
Rainfall in Excess of Evaporation:
Vol. = (Lagoon Surface Area + Additional Drainage Area) * Rainfall / 12in./ft
Vol.= (40346 sq.ft. + 53968 sq.ft.) * 7 in. /12 in./ft.
Total Required Volume for Rainfall in Excess of Evap. (cu.ft.)= 55,017
Storm Storage:
Vol.=(Lagoon Surf. Area + Addt'I Drainage Area) * 25Yr./24Hr. Storm (in) / 12in./ft.
Vol.= (40346 sq.ft + 53968 sq.ft.) * 7.5 in. /12 in./ft.
Total Required Volume for 25Yr.-24Hr. Storm Event (cu.ft) = 56,94G
"Heavy Rain" Storage:
Vol.=(Lagoon Surf. Area + Addt'I Drainage Area) * "Heavy Rain" Factor (in) / 12in./fL.
Vol. = (40346 sq.ft + 53968 sq.ft.) * 0.0 in. /12 in./ft.
Total Required Volume for "Heavy Rain' (cu.ft.) = 0
(for Extended Periods of Chronic Rainfall)
Additional Water Storage:
No Additional Water Storage is Required
Total Required Storm Storage
(25 Yr. / 24 Hr. Storm + "Heavy Rain") = 58,946 (CU.FT)
Total Required Temporary Storage
(Manure Prod. + Excess Fr. Water + Rainfall Excess) = 164,268 (CU.FT)
Total Required Permanent Storage
(Treatment + Sludge) = 0 (CU.FT)
TOTAL REQUIRED VOLUME = 223214 (CU.FT.)
Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 28458 (910) 289-21 11

Urower: SIX RUNS NURSERY Designed By: CHB
Address: P.O. BOX 759 Checked By: JNT
ROSE HILL, NC 28458 Date: 05/20/9�
IN
LAGOON DESIGN SUMMARY
Top of Dike Elevation - - - - - -
Emergency Spillway Crest Elevation - - - - - - -- - - - - - -- - - - - -
Top of 25 yr/24 hrStorm Storage ---------------------
Top of "Heavy Rain" Storage --------------------
Start Pump Elevation --------------------
End Pump Elevation ---------------------
Top of Sludge Storage - -
Seasonal High Watertable Elev. --------------------
Finished Bottom Elevation --------------------
Inside Top Length ----------------------
Inside Top Width -------------------
Side Slopes -----------------------
Lagoon Surface Area ---------------w----------
Min. Liner Thickness (if required) - - --- -- - - - - - - - - - - - - - - -
Freeboard Depth -----------------------
Temporary Storage Period-------------------------
Zone Depths:
5 of 7
112-10 FT.
Not Applicable
111.10 FT.
Not Applicable
109.20 FT.
101.90 FT.
Not Applicable
103.50 FT.
100. go. FT.
Not Applicable
Not Applicable
3:1 H:V
40,346 SF
1.6 FT.
1.00 FT,
180 Days
TOTAL DESIGN VOLUME = 255102 (CU.FT.)
Treatment / Sludge Storage Zone Depth - - - - - - -- - - - -
Temporary Storage Zone Depth - - - - - - - - - - -
Freeboard / Storm Storage Zone Depth - - - - - - - - - - -
Total Laaoon DeDth - - -- - - - - - - - -
1.0 FT.
7.3 FT.
2.9 FT.
11.2 FT.
Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 28458 (910) 289-211

Grower: SIX RUNS NURSERY Designed By: CHB
Address: P.O. BOX 759 Checked By: JNT
ROSE HILL, NC 28458 Date: 05/20/97
Countv: SAMPSON Sheet 6 of 7
ZONE ELEVATIONS
_ TOP OF DIKE ELEV = 112.10
1 1 1 1
/ 1 TOP OF STORM ELEV = 111.10 / 1
1 1 1 1
1 1
STRT PMP EL.= 109.20 1 TOP OF TEMP STORAGE ELEV = 109.20 J
1 /
END PMP EL. = 101.90 1 TOP OF TREAT ELEV = 101.90 J SHWT = 103.50
1 1
1 1
FINISHED BOTTOM ELEV = 100.90
lrf. ?V ,11?!!4' ?rR7S Fn^lnPnftflr F.,., '� �. F.i�r: !1 Nr f•� �::l. 910) 289 -l1 T

Urower: SIX RUNS NURSERY Designed By: CHB
Address: P.O. BOX 759 Checked By: JNT
ROSE HILL, NC 28458 Date: 0 ,,/2Q/4
Coun : SAMPSON Sheet 7 of 7
This livestock waste treatment lagoon is designed in accordance with the North Carolina
Natural Resources Conservation Service PRACTICE STANDARD 359— WASTE TREATMENT
LAGOON, revised prior to June, 1996.
Emergency Spillway:
An Emergency Spillway is required due to design guidelines.
SHWT:
Subsurface drain the will be installed adjacent to the lagoon as shown on the site
drawing. The tile is being installed to keep the seasonal high water table adjacent
to the lagoon at or below the stop pump elevation.
NOTE: See attached Waste Utilization Plan, ......
DESIGNED:
_ 1 QZ ,
55cC
DATE: S q -7
149C5 r
f
COMMENTS: The lagoon has been designed
as an irregul`a`t 16 ape.
Actual contour areas taken from the lagoon desian are used to calculate
the surface area and storage volume characteristics of the lagoon.
This approach insures that rainfall ca ture on the lagoon is full
accounted for and that storage volumes calculated represent actuaj
conditions regardless of the shape.
Murphy Family Farms Engineering P.O. Box 759, Rose !-fill NC 28453 (910) 289 - 211

'GROWER: SIX RUNS NURSERY
ADDRESS: P.O. BOX 759
ROSE HILL, NC 28458
COUNTY: SAMPSON
DESIGNED BY: CHB
CHECKED BY: JN T
DATE: 05j2011�
SHEET 1 OF 3
SPECIFICATIONS FOR CONSTRUCTION OF WASTE TREATMENT LAGOONS
FOUNDATION PREPARATION:
The foundation area of the lagoon embankment and building pad shall be cleared of
trees, logs, stumps, roots, brush, boulders, sod, and rubbish. Satisfactory disposition
will be made of all debris. The topsoil from the lagoon and pad area should be stripped
and stockpiled for use on the dike and pad areas. After stripping, the foundation area
of the lagoon embankment and building pad shall be thoroughly loosened prior to placinc:
the first lift of fill material to get a good bond.
EXCAVATION AND EARTHFILL PLACEMENT
The completed excavation and earthfill shall conform to the lines, grades, and elevations
shown on the plans. Earthfill material shall be free of material such as sod, roots, frozen
soil, stones over 6 inches in diameter, and other objectionable material. To the extent they
are suitable, excavated material may be used as fill. The fill shall be brought up in
approximately horizontal layers not to exceed 9 inches in thickness when loose and ;prior
to compaction. Each layer will be compacted by complete coverage with the hauling and
spreading equipment or standard tamping roller or equivalent method. Compaction will
be considered adequate when fill material is observed to consolidate to the point that
settlement is not readily detectable. NOTE THE SPFCIAL REQUIREMENTS FOR
PLACEMENT OF LINERS IN THE LINER SECTION OF THIS SPECIFICATION.
The embankment of the lagoon shall be installed using the more impervious materials fror E i
the required excavations. Construction of fill heights shall include 5 percent for settlement.
Dikes over 15 feet in height with an impoundment capacity of 10 acre—feet or more fall
under the jurisdiction of the NC Dam Safety Law and require permitting by the NC Dept. of
Environment, Health and Natural Resources, Land Quality Section. The height is defined
as the difference in elevation from the constructed height to the downstream toe of the dike.
Precautions shall be taken during construction to prevent excessive erosion and
sedimentation.
LINER:
THE MINIMUM REQUIRED CLAY LINER THICKNESS SHALL BE 1.6 FT.
NOTE: LINERS (PARTIAL OR FULL) ARE REQUIRED WHEN INDICATED ON THE
DRAWINGS OR WHEN MATERIAL IS ENCOUNTERED DURING CONSTRUCTION THAT
WILL NOT PROVIDE THE PERMEABILITY LIMITS AS STATED LATER IN THIS SECTION.
SUCH MATERIAL IS CONSIDERED UNSUITABLE WITH RESPECT TO LINING. A TYPICAL
CROSS SECTION OF THE LINER IS INCLUDED IN THE DRAWINGS WHEN LINIERS
ARE REQUIRED,
Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 28453 (910) 259 4 2 f

ADDRESS: P.O. BOX 759
ROSE HILL, NC 28458
COUNTY: SAMPSON
DESIGNED BY
CHECKED BY
DATE
SHEE
JNT
2 OF 3
When areas of unsuitable material are encountered, they will be overexcavated below
finish grade to the specified depth as measured perpendicular to the finish grade. The
foundation shall be backfilled as specified to grade with a material approved by the
engineer or his representative.
REFER TO THE DRAWINGS FOR SPECIAL CONSIDERATIONS.
Soil liner material shall come from an approved borrow area. The minimum moisture
content of the liner material shall be optimum moisture content which relates to that
moisture content when the soil is kneaded in the hand it will form a ball which does not
readily separate. Water shall be added to borrow as necessary to insure proper moisture
content during placement of the liner. The moisture content of the liner material shall not
be less than optimum moisture content during placement. The maximum moisture
content relates to the soil material being too wet for efficient use of hauling equipment arks
proper compaction. Proper compaction of the liner includes placement in 9 inch lifts and
compacted to at least 95 percent of the Standard Proctor Maximum Dry Density
(ASTM D698) of the liner material. When smooth or hard, the previous lift shall be scarified
and moistened as needed before placement of the next lift.
The single most important factor affecting the overall compacted permeability of a clay
liner, other than the type of clay used for the liner, is the efficient construction processing
of the compacted liner. The sequence of equipment in an established pattern helps
assure uniformity in the entire placement and compaction process. For most clay soils, a
tamping or sheepsfoot roller is the preferred type of compaction equipment.
In accordance with NRCS South National Technical Center (SNTC) Technical Note 716
(revised September 1993) the maximum allowable specific discharge of the liner is
1.0 x 10-5 cm/sec. This specific discharge is dependant on the permeability of the
liner material, the liner thickness, and the hydrostatic pressure on the liner. With the
minimum required liner thickness stated earlier and the maximum liquid depth in the
lagoon, the maximum permeability of the compacted liner is 1.25 x 10-6 cm/sec. Upon
completion of the liner, undisturbed samples will be taken and tested for actual
permeability. Any permeability tests indicating a higher permeability than stated above
will be considered as failing. Failing tests will require recom_paction of the liner material
and retesting.
For lagoons being built in soils which do not require clay lining the same permeability
requirements apply as for clay liners and testing of the in —situ material will be conducted.
During the excavation process, soils at the excavated surface are loosened as adjacent
material is being removed. As a result, the permeability of these surface soils is increased,
To insure proper compaction and minimum soil permeability, when lagoon excavation is
complete the inner side slopes and bottom shall be rolled thoroughly prior to testing.
A,furphy Family Farms Engineering
P.O. Box 759, Rose Hill NC 28453
(910) 28 --�

ADDRESS: P.O. BOX 759
ROSE HILL, NC 28458
COUNTY: SAMPSON
DESIGNED BY: CHB
CHECKED BY: JNT
DATE: 05/20/9 i
SHEET 3 OF 3
The soil liner shall be protected from scour produced by the discharge from waste outlet
pipes. This can be done by using some type of energy dissipator: concrete flumes,
concrete blocks laid tightly together, or using flexible pipe outlets on waste pipes.
Alternatives to soil liners are synthetic liners and bentonite sealant. When these are
specified, additional construction specifications are included with this Construction
Specification or are shown on the drawings.
CUTOFF TRENCH:
A cutoff trench shall be constructed under the embankment area when called for in the
notes on the drawings or as shown on a typical cross section on the drawings: The final
dimensions of the cutoff trench shall be determined by observation of the foundation
materials during construction.
VEGETATION:
All exposed embankment and other bare constructed areas shall be seeded to the
planned type of vegetation as soon as possible after construction according to the
seeding specifications. Topsoil, if available on site should be placed on areas of the dike
and pad to be seeded. Temporary seeding or mulch shall be used if recommended
permanent vegetation is out of season dates for seeding. Permanent vegetation should
be established as soon as possible during the next period of approved seeding dates.
REMOVAL OF EXISTING TILE DRAINS:
An observation trench shall be dug along the perimeter of the lagoon 25 feet outside the
proposed embankment toe to verify that no subsurface drain tile lines are present in the
lagoon area. The trench shall be dug to a minimum depth of five feet and shall have a width
adequate to accommodate equipment used for backfill and compaction. Trench side
slopes shall be 1:1 or flatter. Trench backfill shall be compacted as stated in the
EXCAVATION AND EARTHFILL PLACEMENT section of the specification.
When file drains are encountered, the file will be removed to a minimum of 25 feet beyond
the outside toe of slope of the dike. The tile trench shall be backfilled and compacted with
material approved by the engineer or his representative. Tile drains that are removed
shall be either capped off or rerouted around the lagoon, as directed by the engineer or
his representative.
SAFETY AND HEALTH REQUIREMENTS:
All operations shall be carried out in a safe, skillful, and workmanlike manner. A€1 safety and
heafth regulations shall be observed and appropriate personal safety and health measures
used at all times during construction.
Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 284- 5 (y 10) 239 -=''

UhUWtH: SiX HUNS NUHStHY
ADDRESS: P.O. BOX 759
ROSE HILL, NC 28458
COUNTY: SAMPSON
DESIGNED BY: CHB
CHECKED BY: JNT
DATE: 05/20"
SHEET 1 OF 1
SEEDING SPECIFICATIONS
ACREAGE TO BE SEEDED: 2.0 ACRES
USE THE SEED MIXTURE INDICATED AS FOLLOWS:
120 LBS. FESCUE GRASS AT 60 LBS./ACRE
(BEST SUITED ON CLAYEY OR WET SOIL CONDITIONS)
SEEDING DATES: SEPTEMBER 1 TO NOVEMBER 30
FEBRUARY 1 TO MARCH 30
60 LBS. RYE GRAIN AT 30 LBS./ACRE (NURSERY FOR FESCUE)
120 LBS. 'PENSACOLA' BAHIA GRASS AT 60 LBS./ACRE
(SEE FOOTNOTE NUMBER 1)
SEEDING DATES: MARCH 15 TO JUNE 15
16 LBS. HULLED COMMON BERMUDA GRASS AT 8 LBS./ACRE
(SUITED FOR MOST SOIL CONDITIONS)
SEEDING DATES: APRIL 1 TO JULY 31
20 LBS. UNHULLED COMMON BERMUDA GRASS AT 10 LBS./ACRE
SEEDING DATES: JANUARY 1 TO MARCH 30
80 LBS. RYE GRASS AT 40 LBS./ACRE (TEMPORARY VEGETATION)
SEEDING DATES: DECEMBER 1 TO MARCH 30
APPLY THE FOLLOWING:
2000 LBS. OF 10-10-10 FERTILIZER (1000 LBS./ACRE)
4 TONS OF DOLOMITIC LIME (2 TONS/ACRE)
200 BALES OF SMALL GRAIN STRAW (100 BALES/ACRE)
ALL SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE A+
DISTURBED AREAS IMMEDIATELY AFTER EARTH MOVING IS COMPLETED.
APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A 3 TO 4 INCH SMOOTH
SEEDBED. APPLY SEED ANDFIRM SEEDBED WITH A CULTIPACKER OR SIMILA,'
DEVICE. APPLY MUCH AND SECURE WITH AN ANCHORING TOOL OR NETTING
1. PENSACOLA BAHIA GRASS IS SLOWER TO ESTABLISH THAN COMMON
BERMUDA GRASS, WHEN USING BAHIA, IT IS RECOMMENDED THAT 8
LBSJACRE OF COMMON BERMUDA BE INCLUDED TO PROVIDE COVER UNTIL
BAHIA GRASS IS FfiTRI ISHFn
Murphy Family Farms Engineerkig P.O. Box 759, Rose Hill NC 2B45.3
(910) 289 - 2 ; ;

UNUVVLH: SIX HULAS NUHStHY
ADDRESS: P.O. BOX 759
ROSE HILL, NC 28458
COUNTY: SAMPSON
DESIGNED BY: CHB
CHECKED BY: JNT
DATE: 05/2015
SHEET 1 OF 2
OPERATION AND MAINTENANCE PLAN
This lagoon is designed for waste treatment (permanent storage) and 180 days of
temporary storage. The time required for the planned fluid level (permanent and
temporary storage) to be reached may vary due to site conditions, weather, flushing
operations, and the amount of fresh water added to the system.
The designed temporary storage consists of 180 days of temporary storage for:
(1) manure production of animals, (2) excess fresh water storage, (3) rainfall in
excess of evaporation, (4) storage for the 25 year / 24 hour storm for the location,
(5) and, if applicable, an additional "heavy rain" storage volume for chronic rainfall
events. Allocation for any additional fresh water usage is also included in the
temporary storage. The volume of waste generated from a given number of animals
will be fairly constant throughout the year, but excess rainfall will vary from year to year
The 25 year rainfall will not be a factor to consider in an annual pumping cycle, but
this storage volume must always be available.
A staff gauge must be installed in the lagoon that indicates the start pumping and stop
pumping levels. The start pumping level is the maxium liquid level under normal operating
conditions. The stop pumping level is the minimum liquid level under normal
operation to maintain required treatment volume and depth. Pumping can be started
and stopped anywhere between these two elevations for operating convenience as site
conditions permit, such as weather, soils, crop, and equipment in order to apply waste
without runoff or leaching. However, it is recommended that the lagoon be kept
pumped down as much as possible,
Land application of wastewater is recognized as an acceptable method of disposal.
Methods of application include solid set, center pivot, guns, and traveling guns. Care
should be taken when applying waste to prevent damage to crops.
The following items are to be carried out:
1. It is required that the treatment lagoon be precharged to one—half the treatent volume
or as otherwise specified on the lagoon design drawings before wastes are introduced.
The purpose is to prevent excessive odors during start --up. Precharging reduces the
concentration of the initial waste entering the lagoon thereby reducing odors. Solids should
be covered with effluent at all times. When precharging is complete, flush buildings with
recycled lagoon liquid. Fresh water should not be used for flushing after initial filling.
2. The attached Waste Utilization Plan shall be followed. The plan recommends
sampling and testing of waste before land application.
Murphy Family Farms Engineering P. D. Box 759, Rose Hill NC 28456 (91 Q) 289 - 2 t 1 i

ADDRESS: P.O. BOX 759
ROSE HILL, NC 28458
COUNTY: SAMPSON
CHECKED BY: JNT
DATE: 05/20/97
SHEET 2 OF 2
3. Begin temporary storage pump —out of the lagoon when the fluid level reaches the
elevation 109.20 as marked by the staff gauge. Stop pump —out when the fluid level
reaches elevation 101.90. This temporary storage, less '25 year / 24 hour storm,
contains 173825 cubic feet or 1300208 gallons.
4: The recommended maximum amount to apply per irrigation is one (1) inch and the
recommended maximum application rate is 0.3 inches per hour. Refer to the waste
utilization plan for further details.
5. Keep vegetation on the embankment and areas adjacent to the lagoon mowed
annually. Vegetation should be fertilized as needed to maintain a vigorous stand.
6. Repair any eroded or damaged areas and establish in vegetation.
7. All surface runoff is to be diverted from the lagoon to stable outlets.
8. Keep a minimum of 25 feet of grass vegetated buffer around waste utilization
fields adjacent to perennial streams. Waste will not be applied in open ditches.
Do not pump within 200 feet of a residence or within 100 feet of a well. Waste shall
be applied in a manner such that waste will not reach other property and public
rights —of —way.
9. The Clean Water Act of 1977 prohibits the discharge of pollutants into waters
of the United States. Waste shall not be discharged into surface waters, drainageways,
or wetlands by either discharge or by over --spraying. The Department of Environment,
Health, and Natural Resources, Division of Environmental Management,
has the responsibility for enforcing this law.
Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 28458 (9W) 289--211 r

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t` F Cad of i will Mroo. Walter Marlq'a am set demos. with do Mann lkr. Nadi il' am %7 feet ID in it= nakw shenoe. aggift
whb the her rdn It=. North 94c Bat S31 feel to a stake an ■ dkeh bank. -hence gain wish raid Jim. South S9• Baer 1024 (ea m a
Cherry In=. thetoa, agsln with the Merritt line, South S7' 4V East 7U feet to an Iran uake In the aforesaid old rod or Low '
leading to Litt R.D. Matthews old place. dissm.'with du Ceuta of said old road ar tans. North 79' 15• Eau 604 feet to the point of
RPOINNINO, etmuaining 90.15 acres, more or has. weordlng to a map and survey nmk by O,R. (ohnsun. Registered Surveyor,
In May 1%3. and being the same lands dcseribed In that eenain Deed from Amm (ones Bullard. Jr. and wife. Barbara B, Bustard,
to Harvy H. Kornegay. Sr.. dated July 25. 19", and m"tdcd In Book 949, Page 464, of the Sampson County Registry. This
being the ecru lands described In a Dead from Harvy D. Komepy. St. and wife. Deborah K. Kormpy to Cewie H. Blond sad
wife. Hazel Bland, dated October 1, 1950, recorded In Bock %$, page It". Sampson County Registry.
The property hNor hve described was aegalred by bl347
rartor by lmtrument rcoorded In Book : . Page V hrh q
Cautey Registry,, North Carolina.
A msp towing the above ddcribod p openy It recorded In PinlMap Book . Pge_._County Registry. North
Carolina.
TO HAVE AND TO HOLD the aforesaid la a parcel o(la d an all privileges and sippuncrus es durcw belonging to the
Grantee In (a simple,
And she Grssuae voscnants with the Grwlre, that the Grantor Is trisect sf the prersim in fee simple, has live right to
Convey the acme In fee simple. that title Is markeuble and free and clew of all awsunbrowes, and that urmUsir wBl
wAmnl and defend the title against this lawfW elfilsm of all perwas wbaaueevrr eseept for We rscepelwa hereinafter
staled.
Tide to the property Is wb}en to the following exceptions..
All valW and enforceable usnnenits. restrictions and righu -way of record. If may. and process portion of dive eurmn year's
taxes.
IN %Tf'NFSS WHERWF, the Gramof has hereano set his hand and seal, or if corponrc, has caused this inewmcrt to be
signed in its corporate name by Its duty authorized officers by authority of its Board of Dimon, of of a limited liability extmpasly
Ira► cau.cd this in+truntcm to be signed by Its MangerfMemher the day and yew Mat above writcn.
.1111111111w
',sjehhrattti rt,i lI STATE OF NORTH CAROUNA.
COUNTY
y 4 j 5 r d a Notary Public of the County and Stare afar aid. amity tha
i R - personally tam before mm ads day end ttakuawledged aloe jo Is the
Maht*riMember of MurFam Fj ru limited 114Wlily company, ud that by suthadly duty glva sad m IM
114 1 k0if du limited liability company, the fotegdng Iratfument wn signed In In name by himrMrrn Its MtwpMMcmbttt, Wit"
ti my hued and Okla[ camp or seal, this the _7_ day of _7'a ry
rlp�J A �; Nowry Public
•.,,� C ;:� �.,A Canmissiot EspitauL-t7 two a
IMafh use
NORTH CAROU NA. SAMPSON COUNTY
The foregoing or Btnnexod certificate of 26L a C Lt �4
NotaryPubii�biic is/afa ccrdilod to be correct.
MAS instnimcnt was presented for regiumdtm and recorded in this Office at B t Page,
711h ` 1 +1^ 1 day of - -- "'TCL+nM4'r .._ ono - at
MAH H. TROUBLEFMLD 1 By 4
Register of Deeds Deputy Regal= of Deeds
MAILED
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3nMP1011 COUNT'1 PC 01/07/2000
$800.00
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�14R jINA Real Estale
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r.%d . T..—a...w Murp
Tait Lor No. Parcel Identifier No.
Verified by Ciwnly at the day of .__ _,19,
by�-
Mall after rgcordirtl to SANFORD HOISFIOl1SF.R LAW n1tM. PIArC
100 hlarkri Square
i'Inrhurxt. Nt' 28.174
This Inslruawnt was preparcd by Sherry Tucker, Esquire
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made thk the f'#da d n- �r . 2000b and hrtwcen
GRANTOR t,✓v`^"
GRANTEE
�,
MurFam IA.0
DM Farms of Rose Hill. LLC
P.O. 739
P.O. Boa 1076
Rae Hill. NC 264e
Rose Win, NC 28478
The deli fnallon Gi amtr and Grantce n wed bereln shall Include Bald partles, their heirs, suconwn and nsi6ns, turd shall Inch
singular, plural, mascuilne, feminine or neuter as required by cnntesr.
WITN 3`MFTH, that Grantor, for a valuable consideration paW by the Grantee, the rccelpt of which h hereby acknuwled=od, its
and by thc%e Pwnu don 8ratn. harlialn, sell and convey unto the Grantee in ice simpie, all than certain kx or parcel of lan4
tdtuatrd In ]yrkcy Towmhip.,,4atr-yk County. North Carolina and more pankularly dncribcd as follows,
BEGINNING a a point In the centerline of State road No, 1943, dte point of Inlerawlnn of Bald Sane Road No. IW3 wkh an old
road or lane kWlnS to the R.D. Maubewr old place. Walter Merrill's comer, and runs thence with the ctmerilne of State Road
Net, iW3. South 09136' Ent 808 feet to another point In the centerline or said rood. Melva Matthews Johnwo's owtw'. thence.
with rite Melva Mauhnn Johnson lkw. South 84'30' Wet I588 fern w a sake; thettcc, t L[n with said line. South 736 Wet 827
feet to a Nake near a thldg dWft. Main w W the Melva Mu tews Johnson Uric, a fetter, Saab 82' West 2159 fats to it stake on
the bank of Six Runs River: dwica. up do tam of Six firma Rica a it tttartdera to a 8aww Northerly dk*Wm to it birch at rho
Ontario Uwk-kh roa Pstw i4an
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