HomeMy WebLinkAbout830012_ENFORCEMENT_20171231NUH I H UAHULINA
Department of Environmental Qual
OF W A 7 F Michael F. Easley, Governor
`OCR RQG William G. Ross Jr., Secretary
co 7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Realty Partnership
PO Box 759
Rose Hill, NC 28458
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Carroll's Farm #7078 — Unit 1
Facility Number 83-12
Scotland County
Dear Owner:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
WDEM
Customer Service: Mailing Address: Telephone: (919) 733-5083 Location:
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity I Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:/1h2o.enr,state.nc.us
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
_SinGqely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 83-12
Non -Discharge Compliance and Enforcement Unit
Central Files
North Carolina WVVA j
Amy -7
-Department of Environment and Natural Resources • f
Division of Water Quality
� Syr
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
May 10, 2001
CERMED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown
Ms: Dawn Williamson
P.O. Drawer 856
Warsaw, NC 28398
Subject- NOTICE OF VIOLATION
Farm # 7078-1
Facility No. 83 - 12
Permit No. AWS 830012
Scotland County
Dear Ms. Williamson :
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 214.0217, you have been found to be in violation of your 2H
.0217 Permit.
On May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were
notified by you that an over -application of PAN had occurred on Farm # 7078-1 located in Scotland County.
The reported over -application occurred on pull 6-a in the amount of 8 pounds and putt 1-a in the amount of 7
pounds which is in excess of 10 percent on the small grain overseed with an application rate of 50 pounds.
The owner/operator is required to notify the Regional Office in accordance with the General Permit condition
H1.61 which states: "Overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters".
The Division of Water Quality requests that the following items be addressed:
1.. Submit an explanation of what occurred that resulted in the over -application of PAN to the waste
application field as required by your General Permit.
2. Submit a copy of the past year of freeboard records for the facility.
3. Submit a copy of the past year of irrigation records for the facility.
4. Submit a copy of the certified animal waste management plan (CAWMP)
225 GREEN STREET — SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 2830175043
PHONE (910) 486-1541 FAX.(910) 486-0707 W WW ENR
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER— 5o% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Page 2
Ms. Williamson
May 10, 2001
Your response should be received by this office on or before May 25, 2001. Failure to comply with the
above conditions may result in the facility losing its General Permit and being required to obtain an individual
non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation for any past or future violations. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr. Robert Heath, Environmental Specialist at (910) 486-1541.
cere
`Paul E. Rawls
RegionAl Water Quality Supervisor
RFH/ bh/ PER
cc: Sonya Avant -Compliance Group
B.W. Anderson -Scotland Co. MRCS
Treat Allen-DSWC Fayetteville ice
Central Files -Raleigh
North Carolina
"be artment of Environment and Natural Resourcesffl�- t' • op —WA
P
Division of Water Quality
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
May 10, 200I
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown
Ms. Dawn Williamson
P.O- Drawer 856
Warsaw, NC 28398
Subject: NOTICE OF VIOLATION
Farm # 7078-1
Facility No. 83 - 12
Permit No- AWS 830012
Scotland County
Dear Ms. Williamson :
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On May 1, 2001, staff from" the Fayetteville Regional Office of the Division of Water Quality- were
notified by you that an over -application of PAN had occurred on Farm # 7078-1 located in Scotland County.
The reported over -application occurred on pull 6-a in the amount of 8 pounds and pull I -a in the amount of 7
pounds which is in excess of 10 percent on the small grain overseed with an application rate of 50 pounds.
The owner/operator is required to notify the Regional Office in accordance with the General Permit condition
111.61 which states: "Overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters".
The Division of Water Quality requests that the following items be addressed:
Submit an explanation of what occurred that resulted in the over -application of PAN to the waste
application field. as required by your General Permit.
2. Submit a copy of the past year of freeboard records for the facility.
3. Submit a copy of the past year of irrigation records for the facility-
4. Submit a copy of the certified animal waste management plan (CAWMP)
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE. NC 28301-5043
PHONE (910) 486-1541 FAX (9Io) 486-0707 WwIV ENR -"VSc El�1&
AN EQUAL OPPORTUNITY / AFFIRMAT VE ACTION EMPLOYER - 50°/, RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Page 2
Ms. Williamson
May 10, 2001
Your response should be received by this office on or before May 25, 2001. Failure to comply with the
above conditions may result i a the facility losing its General Permit and being required to obtain an individual
non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation for any past or future violations. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr.Robert Heath, Environmental Specialist at (910) 486-1541.
cere
Paul E. Rawls
Regional Water Quality Supervisor
RFH/ bhl PER
cc: Sonya Avant -Compliance Group
B.W. Anderson -Scotland Co. NRCS
Trent Allen-DSWC Fayetteville Office
Central Files -Raleigh
'ems.
AMESZB'HUNT
JR::A
.• GOVERNOR
%�r•`1'r`1
;7 � ,,,,'�`• .
,.`rya
, -.;.:BILL HOLMAN
- ;3 RETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
July 7. 2000 FAYETTEvILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
Attention: Leslie Stutts
P. O. Box 1767
Laurinburg, NC 28352
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Farms: 7705, 7707, 7681, and 7078-1
Facility Nos. 83-22, 83-23, 83-12, and 78-27
Scotland and Robeson Counties
Dear Mr. Stutts:
On June 27, 28, and 29, 2000, staff from the Fayettteville Regional Office of
the Division of Water Quality conducted inspections of Carroll's Foods Farms in
Robeson and Scotland Counties. The inspections revealed that overapplication had
occured on the winter overseed at the facilities noted above. It was also noted that the
application fields for these farms need work to control weeds to keep from harming the
primary crop of bermuda hay_
In regard to the deficiency(s) noted during the inspection, the following
actions are requested:
Work on weed control in application fields.
Make sure that the overapplication of nitrogen is avoided in the future.
Please provide a written response to this office on or before July 21, 2000 as
to the actions taken or proposed to be taken to resolve these deficiencies. Nothing in
this letter should be taken as absolving this facility of the responsibility and liability of
any violations that have resulted or may result from this deficiency.
If you have any questions concerning this matter please contact John Hasty at
(910)486-1541,
:'John C. Hasty, Jr. x
Environmental Specialist
CC' Sonya Avant -Compliance Group '
Trent Allen-DSWC Fayetteville Office
Ed Holland -Robeson Co. NRCS
B. W. Anderson -Scotland Co. NRCS
Central Files -Raleigh
GROUNDWATER SECTA014
225 GREEN STREET, SUITE 714 / SYSTEL BLO- FAYETTEVILLE, NORTH CAROLINA 2a301-5043
PHONE: 910-486-1541 FAX: 91O-4a6-07a7
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
SENDER:
I also wish to receive the
■ Complete items 1 and/or 2 for additional services-
• Complete items 3, 4a. and 4b.
fOIIOWIn (for an
9 services
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■ Attach this form to She front of the mailpiece. or on the bark if space does no:
m
1. ❑ Addressee's Address
■ Wn a 'Ref im Receipt Requested'on the mailpiece below
the article number.
2. ❑ Restricted Delivery N
■ The Return Receipt will show to whom the article was delivered and the date
deWered.
CpnSuit postmaster for fee.
P a
3. Article Addressed to:
4a. Article Number u
m
Z 425 691 005 r
Leslie Stutts
4b. Service Type
Carroll's Foods Inc
❑ Registered Ggi[Certified coc
PO Box 1767
❑ Express Mail ❑ insured
Laurinburg NC 28353
❑ Return Receipt for Merchandise ❑ COD
83-22, 83-23,83-12, 78-27
7•Date ofDel ive a
-- a Q
5. Received By: (Print Name)
8. Addressee's Address (Only if requested Y
and fee is paid)
L
~
6. Signatur : (Addresses or ent)
x _I
PS Form 3811, December 1 4
102595-98-8-0229 Domestic Return Receipt
CARROLL'S FOOD S, INC.
Sox 1767 - 325 McKay Street
Laurinburg, North Carolina 28353
PH:9101276-0648 FX: 9101276-2950
August 4, 2000
John Hasty
NC Department of Environment
and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-0707
Subject: Response to Notice of Deficiency
Carroll's Farms 7705, 7707, 7681, and 7078-1
Facility Nos. 83-22, 83-23, 83-12, and 78-27
Scotland and Robeson Counties
Dear Mr. Hasty,
This is in reference to the inspections that you and I did on June 27', 28t', and 29"'. The above
mentioned forms are being attended to prevent over application and control weeds. I will list the
preventive measures below because some are consistent with each farm.
1. Weed control: We are spraying the chemical ally and mowing close to allow the
Coastal Bermuda to grow, 7681 and 7078-1.
2. We have installed individual sow waters which gives an overall reduction of 25%
water usage, 7705 all barns, 7707 Boar Barns. We are also installing pressure
regulators for a 10% reduction, 7707, 7681.
3. Within our computer record keeping system, there is a report that shows how many
pumping hours are left on a hydrant. We are using this as a monitoring tool, 7681,
7705, 7707, and 7078-1.
The above mentioned measures should help to prevent over application, barring a Hurricane
season such as the one last year. If you have any questions or concerns, please contact me at
my new office number
910-276-5637. There is no secretary, so if I am out of the office please leave a message and I
will call you back.
Sincerely,
,�
, Y/wce
Leslie Stuffs
Farming Manager
Carroll's Foods, Laurinburg Division
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DMSION OF WATER QUALITY
May 28, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stutts
P.O. Box 1767
Laruinburg, NC 28353
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Farm #7078
Facility No. 83 - 12
Scotland County
Dear Mr. Stutts:
On April 28, 1999, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Carroll's Farm #7078 swine facility. It was
observed that portions of the inside slopes of the lagoon dikes contained some
erosion. Wastewater was observed to be leaking from at least two different
hydrants and the irrigation hook-up on top of the lagoon dike. The largest spray
field was suppose to be established in coastal bermuda according to the Certified
Animal Waste Management Plan (CAWMP). However, the small grain overseed
had recently been disced in, and the coastal appeared to be poor to nonexistent in
the majority of this field. Mr. Jimmy Oxendine, the on -site representative, stated
that this field was going to be resprigged. The irrigation layout of the farm did
not match the current irrigation system installed at this facility.
In regard to the deficiencies noted during the inspection, the following actions
are requested-
1. EstabIish vegetation on the inside slopes of the lagoon dikes to prevent further
erosion -of the clay liner.
2. Complete a thorough evaluation of the waste management system and
immediately repair any portion of the system which allows wastewater to be
released.
228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED!] O% POST-CONsUMER PAPER
Page 2
Carroll's Farm #7078
May 28, 1999
3. Need to establish an adequate crop in the largest application field in order to uptake the nutrients
being applied when an irrigation event occurs.
4. The irrigation system on the farm site should coincide with the irrigation layout so that the
irrigation records will be accurate.
Please provide a written response to this office on or before June 25, 1999 regarding corrective
actions taken or planned. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from these deficiencies. If you
have any questions concerning this matter, please call Jeffery Brown, at (910) 485-1541.
Sincerely,
-�D
J ffery Broww
n b4lz��
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Scotland Co. NRCS
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr.Lucius Page Sayre, Jr.
C. L. Jones Estate Farms, Inc.
3127 Sutton Place
Burlington, NC 27215-4667
Dear Mr. Page:
A 4
I I 2j
—M do M�ik � � �
I D E N F�
August 20, 1998 RECEIVED
A L 2 4 1998
AEG�EOLLEC
E
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File Number DV 96-020
Farm: #83-012
Scotland County
This letter is to acknowledge receipt of your check No. 548 in the amount of $464.80
received from Bill Adams on August 18, 1998.
This payment is the ninth of twelve scheduled payments as agreed to by the
Division of Water Quality and Lucius Sayre Page Jr.. Payments of these penalties in no
way precludes further action by this Division for future violations of the State's
environmental laws. If you have any questions please call Shannon Langley at (919) 733-
5083 extension 581.
Sincerely,
000e
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/ky
oc: fi ffajttevilleg'AF onaroffic--e-?
Enforcement/Compliance Files
Central Files
P_O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E_, Director
Mr. Lucius Sayre Page, Jr.
C. L. Jones Estate Farms, Inc.
3127 Sutton Place
Burlington, NC 2721 5-4667
Dear Mr. Page:
M15VA
IT *
A&4 0
1:3 E N Fi
July 15, 1998 ii 1
jFI, i f 1co, 93
PAYE sir"! LLE
REG. OFFICE
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
This letter is to acknowledge receipt of your check No_ 548 in the amount of S464.80
received from Lucius Sayre Page, Jr. on July 14, 1998.
This payment is the eighth of twelve scheduled payments as agreed to by the
Division of Water Quality and Lucius Sayre Page Jr. Payments of these penalties in no
way precludes further action by this Division for future violations of the State's
environmental laws. If you have any questions please call Shannon Langley at (919) 733-
5083 extension 581.
Sincerely,
eff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/ky
oc: F'eville-Regional-Off ve-=''
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equa! Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
a
I
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
April 14, 1998
EC&'VU
Mr. Carl Jones, Jr. A, R 2 8 1993
C-L-Jones_Estate Farn>S, 1nc..=.- :1 s:
P O Box 166.E REG. OFFICE
Laurinburg NC 28353
S
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
Dear Mr. Jones:
This letter is to acknowledge receipt of your check No. 542 in the amount of $464.90
received from Lucius Sayre Page. Jr. on April 14, 1998.
This payment is the fifth of twelve scheduled payments as agreed to by the
Division of Water Quality and Carl Jones Jr. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws. If you have any questions please call Shannon Langley at (919) 733-5083
extension 581.
Sincerely,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
SL/sf
cc: FayettFv_ME Regional Office
Enforcement/Compliance Files
Central Files
P.O_ Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Carl Jones, Jr.
C. L. Jones Estate Farms, Inc.
P O Box 1663
Laurinburg NC 28353
Dear Mr. Jones:
I LT.N?FA
T 0 *
�ENFi
February 19, 1998
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
This letter is to acknowledge receipt of your check No. 534 in the amount of $464.80
received from Lucius Sayre Page, Jr. on February 16, 1998.
This payment is the third of twelve scheduled payments as agreed to by the
Division of Water Quality and Carl Jones Jr. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws. If you have any questions please call Shannon Langley at (919) 733-5083
extension 581.
SL/te
cc: Fayetteville Regional Office
Eaforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerer+,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
RECEIVED
FEB
2 5 1998
FAYETTEVILLE
REG. OFFICE
Telephone 919-733-5083 FAX 919-733-9919
50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
December 19, 1997
Mr. Lucius Sayre Page, Jr.
C. L. Jones Estate Farms, Inc.
P O Box 1663
Laurinburg NC 23353
DDEC, 2 9 1991
FAYMEVILLE
REG. OFFICE
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
Dear Mr. Jones:
This letter is to acknowledge receipt of your check No. 507 in the amount of $464.82 received
from Lucius Sayre Page, Jr. on December 4, 1997.
This payment is the first of twelve scheduled payments as agreed to by the Division of
Water Quality and Carl Jones. Payments of these penalties in no way precludes further action by
this Division for future violations of the State's environmental laws.
Please find another copy of the payment agreement prepared for you. The copy you
submitted with your last payment was inadvertently misplaced. Please sign and return the
schedule along with your next payment.
If you have any questions please call Shannon Langley at (919) 733-5083, extension 581.
Sincerely,
Dennis R. Ramsey, Assist t Chief
Non -Discharge Branch
SL/te
cc: Fayetteville�RegionalOffice
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor.
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
December 8, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carl Jones
P.Q. Box 1663
Laurinburg NC 28353
<.5?FA
14
�EHNFi
9E� 1 0 1997
FfaYMEV LE
REG. OF-FicE
Subject: Notice of Violation and Revocation for Nonpayment
C.L. Jones Estate Farm Inc
Permit Number: AWS830012
Scotland County
Dear Carl Jones:
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an
animal waste management system permit will be charged in each year of the term an annual permit fee. Annual
permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that
date. Your animal waste management system permit was issued on 7/28/97.
Your annual permit fee for the period of 7/28/97 - 7/27/98 is $200.00. Your payment was due
11/13/97. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to
revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required
Annual Animal Waste Management System Permit fee for your animal operation is received within that time.
Operation of an animal waste management system without a valid permit is a violation of North Carolina General
Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment
should be sent to:
N.C. Department of Environment Health and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
cc: Supervisor, Non -Discharge Permitting Unit
CFTy-.—ttevifle Rdgional"Office
Scotland County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
`!1A:-Preston:Howard, Jr., P.E: ,
Telephone 919-733-5083 FAX 919-733-9919
50% recycled / 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 5, 1998
Mr. Lucius Sayre Page, Jr.
C. L. Jones Estate Farms, Inc.
P O Box 1663
Laurinbure NC 28353
M19MA
T
• •
soft
D E H N R
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: 483-012
Scotland County
Dear Mr. Page:
This letter is to acknowledge receipt of your check No. 552 in the amount of $464.80
received from Lucius Sayre Page, Jr. on November 3, 1998.
This payment is the tenth of twelve scheduled payments as agreed to by the Division of
Water Quality and Lucius Sayre Page, Jr.. Payments of these penalties in no way precludes
further action by this Division for future violations of the State's environmental laws.
If you have any questions please call Shannon Langley at (919) 733-5083,
extension 581.
gAis R. Ra
on-Dischar�
SL/tw
cc: �FayetteviilefRegional=Offce
Enforcement/Compliance Files
Central Files
F
REGEE7 V L.
t ;V 1 2 1998
FAME i f EVILLE
REG. OFFICE
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
pk�,-
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, ,Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Lucius Sayre Page, Jr.
C. L. !ones Estate Farms, Inc.
3127 Sutton Place
Burlington, NC 27215-4667
Dear Mr. Pa�ae:
AM±M
ED E N R
June 18,' 1998
RECEIVED
0IiI. 0 9 1998
FAY EV. ` LE
G. Ors~ice=
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
This letter is to acknowledge receipt of your check No. 547 in the amount of S464.80
received from Lucius Sayre Page, Jr. on June 18, 1998.
This payment is the seventh of twelve scheduled payments as agreed to by the
Division of Water Quality and Lucius Sayre Page Jr. Payments of these penalties in no
way precludes further action by this Division for future violations of the State's
environmental laws. If you have any questions please call Shannon Langley at (919) 733-
5083 extension 581.
Sincere ,
e f Poupart,
Non-Discharg
SL/ky
cc: Fayettevj eyRegional-Office]
Enforcement/Compiiance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled! 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Carl Jones_ Jr.
C. L. Jones Estate Farms, Inc.
P O BOX 1663
Laurinl_7ur- NC 28353
Dear Mr. Jones:
June 18, 1998 R EC E O ❑E D
JUIN 2 5 1998
FAYETTEVILLE
REG. OFFICE
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland Count` -
This letter is to acknowledge receipt of your check No. 547 in the amount of 5464.80
received from Lucius Sayre Page. Jr. on June 18, 1998.
This payment is the seventh of twelve scheduled payments as agreed to by the
Division of Water Quality and Carl Jones Jr. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws. If you have any questions please call Shannon Langley at (919) 733-5083
extension 581.
Sincerely
�Ile
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
SL/ky
cc: Tayefteville_ Regional -Off A
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Carl Jones. Jr.
C. L. Jones Estate Farms. Inc.
P O Box 1663
Laurinburg NC 28353
Dear Mr. Jones:
I LT:.N;Tj
qy 0
410
A&
C) E N Fi
May 18, 199$
RECTO V,r
A %10 2 1 19981
FAYETTEVILLE
REG. OFFICE
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
This letter is to acknowledge receipt of your check No. 543 in the amount of $464.80
received from Lucius Sayre Page, Jr. on May 18, 1998.
This payment is the sixth of twelve scheduled payments as agreed to by the
Division of Water Quality and Carl Jones Jr. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws. If you have any questions please call Shannon Langley at (919) 733-5083
extension 581.
Sincerely,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
SL/ky
cc: gFay tt vil Regionifbff ae
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Carl Jones, Jr.
C. L. Jones Estate Farms, Inc.
P O Box 1663
Laurinburg NC 28353
Dear Mr. Jones:
A*7j
ID E N R
March 12, 1998
5 1998
FAYETMriLL.-
REC. � ":=lCE
SUBJECT: Acknowledgment receipt letter
C. L. Jones Estate Farms, Inc.
File No. DV 96-020
Farm: #83-012
Scotland County
This letter is to acknowledge receipt of your check No. 534 in the amount of $464.80
received from Lucius Sayre Page, Jr. on March 11, 1998.
This payment is the fourth of twelve scheduled payments as agreed to by the
Division of Water Quality and Carl Jones Jr. Payments of these penalties in no way
precludes further action by this Division for future violations of the State's environmental
laws. If you have any questions please call Shannon Langley at (919) 733-5083
extension 581.
Sincerely,
r
Dennis R. Ramsey, Assistant 7eef
Non -Discharge Branch
SL/tj
cc: CFayetfeville Regional -Office
Enforcement/Complia`nce Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Carl L. Jones, Jr.
C. L. Jones Estate Farms, Inc
P O Box 1663
Laurinburg NC 28353
kT1.1;Tj
Am
[DEHNF4
September 25, 1997
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File No. DV 96-020
Farm # 83-12
Dear Mr. Jones:
RECEIVED
SEP 2 9 1"1
FAYETTEVILLE
REG. OFFICE
Your request for remission has been placed on the agenda for the October 9, 1997
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were
wrongly 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 the 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.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Page 2
September 25, 1997
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality
Compliance Group, at (919) 733-5083, ext. 233.
Sincerely,
WIJ X . 1�
+A. Preston Howard, Jr., P.E.
cc: Fayetteville- Regional Office +
Enforcement Files
Centeral Files
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 27, 1997
CE TIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Carl Jones
C. L. Jones Estate, Inc.
P.O. Box 1663
Laurinburg, North Carolina 28353
A6
;L
"Ow""004"'OOL
IdNL
IDEHNR
RECEIVED
.SUN 0 4 1997
FAYE-t"MViLLE
REG. OFFICE
SUBJECT: Assessment of Civil
Penalties for Violation(s) NCAC
2H .0217
Scotland County
File No. DV 96-020
Dear Mr. Jones:
This letter transmits notice of a civil penalty assessed against C. L. Jones Estate, Inc. in the
amount of $5,577.71 including $1577.71 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any 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
P_O. Drawer 27447
Raleigh, North Carolina 27611-7447
mroJ
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
Failure to exercise one of the options above within jhLrty 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. Shannon Langley at (919) 733-5083,
extension 581.
Sincerely,
Z;Z� le,&�
?,gA. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayetteville.Regional-Supeivisor w[attachments- y
Compliance/Enforcement File w/ attachments m
Central Files w/ attachments
Public Information Officer w/attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director. of the Division of Water Quality
dated, _ the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the day of _ _ , 19T
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SCOTLAND
File No. DV 96-020
IN THE MATTER OF
C.L. JONES ESTATE, INC. )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT: ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. The C.L. Jones Estate, Inc. is a corporation duly organized and existing under the
laws of the State of North Carolina and operates an animal feeding operation located
off SR 1621, near the communities of Hasty and Johns in Scotland County, North
Carolina. This operation is known as the Carl Jones Farm.
B. The Carl Jones Farm was deemed permitted on February 1, 1993, in accordance with
15A NCAC 2H .0217(c).
C . On October 25, 1996, DWQ staff observed a discharge of wastewater from the animal
waste land application system at the Carl Jones Farm entering a ditch and flowing into
Steer Branch.
D. On October 28, 1996, DWQ staff observed a discharge of wastewater from the animal
waste land application system at the Carl Jones Farm entering a ditch and flowing into
Steer Branch.
E. Steer Branch is classified as "C-Swamp" waters of the State within the Lumber River
Basin.
F. The C.L. Jones Estate, Inc. had no valid permit for the above described activity.
G . The cost to the State of the enforcement procedures in this matter totaled $1,577.7 L.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The C.L. Jones Estate, Inc. 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. Steer Branch 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 discharges are violations of the nondischarge permit.
E. The C.L. Jones Estate, Inc. 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 The C.L. Jones
Estate, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
G. The Director, 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, The C.L. Jones Estate, Inc. is hereby assessed a civil penalty of:
Sa2 for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on October 25, 1996.
$ A6D2) . 0 a for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on October 28, 1996.
$ TOTAL CIVIL PENALTY, which isd 0 percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 1577.71 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,
(bate) ram, Preston Howard, Jr., P.E., Director
%a' Division of Water Quality
DIVISION OF WATER QUALITY
December 6, 1996
RSNORA RRQH
TO: Steve Tedder, Chief
Water Quality Section ry�
THROUGH: Michael Wicker, WQ Regional Supervisor``,
Fayetteville Regional Office
FROM: Ken Averitt
Fayetteville egional Office
SUBJECT: Enforcement Action
C.L. Jones Estate, Inc.
Carl Jones Farm, No. 63-12
Making an outlet To Waters of the State w/o a Permit
Violation of Stream Standard for fecal coliform
near Johns, Scotland County
Please find attached a fast track enforcement package concerning at least
two unpermitted discharges of animal wastes. into Steer Branch, class C-Swamp
waters of the State. These discharges were the direct result of the
overapplication of lagoon waste onto a field of Bermuda grass sod. On these
occasions, excess waste flowed overland into a drainage ditch, off the Jones
farm, and into the run of Steer Branch, approximately 200 feet below the Jones
property line. Fecal coliform samples were collected on six separate days and
indicate a violation of the stream standard for fecal coliform.
These violations were discovered as a result of the investigation of a
complaint from the adjoining land owner. According to the complaintant, there
have been other such discharges in the past.
On October 15, 1996, Ricky Revels of the PRO visited the Carl Jones swine
farm off SR 1621 between the Johns and Hasty communities of Scotland County.
Mr. Revels was responding to a call from an adjacent property owner concerning
possible contamination of his pond by animal waste from the farm. Also present
during this visit were Mr. Bert Coffer, Technical Specialist with the NCDA,
Mr. B.W. Anderson of the Scotland County MRCS, and Mr. Ed Jones, manager of
the farm. Lagoon freeboard was estimated at 13 inches at the time, and no
waste was being land applied. During the inspection, specific land application
practices were discussed for prevention of ponding and runoff of animal
wastes, including adjustment of gun pressure, retrieve rate, calibration aids,
etc. It was also mentioned that the infiltration rate of the soil was a key
factor in such land application. Mr. Coffer was reportedly about half through
preparing a certified waste utilization plan for the farm. It was pointed out
during this meeting that the farm was deemed permitted under current rules. It
was also specifically mentioned that this "deemed permit" prohibited the
discharge of waste to waters of the State.
At about 4:15 the afternoon of October 25, 1996, the FRO received a phone
call from Mr. Phillip Essay, owner of property adjacent to the Carl. Jones
farm. (Mr. Essey had been asked previously to contact this office immediately
should he notice a discharge of animal waste from the Jones farm.) According
to his report, animal waste was flowing at that time into Steer Branch, a
creek which flows through his property and feeds his private pond. Ken
Averitte responded to this complaint and met Mr. Essey at approximately 6:15.
As indicated on the attached map, Mr. Essey's property is immediately adjacent
to a spray field on the Jones farm. It was evident upon arrival that
wastewater had been applied to the field at a rate sufficient to cause
overland flow and runoff. A large drainage ditch which separates two fields
was receiving a significant volume of waste runoff even though the actual
spraying had ceased prior to Mr. Averitte's arrival. Fecal coliform samples
were collected from the waste stream at the Essey/Jones property line, at one
of the points on the field where waste was actually entering the ditch, and
from Steer Branch upstream and downstream of the confluence with the runoff
from the field. Additional investigation was curtailed due to darkness and the
limited time available to return samples to a local contract lab. Runoff from
the field had the characteristic red color noticed in many swine waste
lagoons. Laboratory results later indicated fecal coliform counts of 2,000/100
ml in the downstream sample, compared to <1 in the upstream sample.
The following Monday, October 28, Regional Office staff returned to
,.Scotland County to locate the farm manager and discuss the events of Oct. 25.
'T`n order to familiarize Ed Buchan (also of the FRO) with the site, Ken
Averitte first returned to the back edge of the farm through Mr. Essey's
property. Upon arrival, it was immediately noted that the irrigation system on
the Jones farm was back in service, again applying waste at aesrooxcessive rate
and resulting in waste runoff into the same ditch. After a sh61'i`•time period,
this waste was observed flowing through Mr. Essey's property and into Steer
Branch. Fecal coliform samples were collected at the same points as before.
Sample results again showed considerable increases in fecal coliform levels
with the upstream sample having a count of 9/100 ml and the downsteam sample
having 10,000/100 ml. At no time during the hours of the October 28 visit did
the investigators observe anyone from the farm attending or even monitoring
the irrigation equipment or spray site. On the recommendation of a mower
operator at the farm, the investigators went to the nearby K@S farm (owned by
Alex Jones) to locate the farm manager, Mr. Ed Jones. Although Mr. Jones
was not at the site, a farm employee and a Carroll's field representative were
contacted at the K@S farm office and advised of the discharge situation.
Regional' staff -then recommended that measures be taken to prevent further
runoff. Upon returning to the farm (with the Carroll's rep and the farm hand),
the investigators noted that the irrigation pump had been shut down. Waste
continued to drain off the field and into the ditch. Farm employees were
advised to take measures to eliminate this ongoing discharge.
The following day; October, 29, Ken Averitte and Ricky Revels (also FRO
staff), met with Alex and Ed Jones at the Carl Jones farm. Alex was quick to
point out that it would be impossible for anything to leave the farm via the
bitch since it had been blocked earlier. A walk down the ditch to the property
line proved otherwise. Although there was no obvious pipe readily visible due
to weeds and debris, there remains some type of conduit for water flow within
the ditch. Waste leaving the field apparently collects in the ditch to a
certain level before discharging. The waste flow which had been observed in
the channel through the Essey property was estimated at 20-25 gpm. All of this
flow originates on the Jones farm. The Jones brothers were advised that a
Notice of Violation was forthcoming which would require submission of a
certified animal waste management plan. The need to control waste application
and prevent runoff was particularly stressed. They were also advised that the
regional office would prepare an enforcement report as a result of the
discharges.
On the morning of November 22, before the enforcement document and NOV
were completed, Mr. Essey contacted the Fayetteville Regional Office to report
yet another discharge. Mr. Essey indicated that the field was irrigated on the
evening of November 21 and waste was observed flowing through his property the
following morning. The investigators arrived at Mr. Essey's pond site at
approxmiately 10:30 a.m.. The stream flow leaving the Jones' field was
slightly tinged with the same red color noted on earlier visits. Samples were
again taken at the same locations. After driving around to the Jones farm, the
investigators located the same employee (Larry) met on October 28. He
indicated that an irrigation "pull" had been made at the end of the same field
the previous day, Thursday, November 21. Red colored water was continuing to
enter the ditch. An earthen dike built to prevent runoff into the ditch after
the October 28 incident had failed to contain the waste flow and heavy
rainfall which occurred the same evening. The employee then called Ed Jones
who arrived shortly thereafter. Mr. Jones appeared quite exasperated, and
,.stated clearly that no waste had been applied to that particular field since
'the last incident. When asked about the obvious presence of "red" water in the
field, he was unable provide an explanation. At the time, the cart carrying
the irrigation gun had been pulled into another field beyond a tree line,
though the retrieve reel remained in the approximately the sam location as
seen on previous visits. When asked again, the employee (Lary- claimed that
the earlier irrigation event had been on the other field.
In a conversation with Ken Averitte on November 25, 1996, Mr. Essey
maintained that he had seen the irrigation equipment spraying farther down on
the same field as before, on the evening of Thursday, November 21.
Given the evidence noted in the field at the time of the investigation,
it appears reasonable to believe that animal waste was in some manner applied
to this particular field. It is conceivable that Mr. Jones was not aware of
this or had been misinformed. However, sufficient volume was apparently
applied to result in runoff which was further intensified by the evening
rainfall. Samples collected on November 22 indicated elevated fecal coliform
concentrations in the receiving stream, 153/100 ml, which is considerably
higher than the upstream sample of 9/100 mi. Water leaving the Jones property
had a coliform count of 7,200/100 mi.
Mr. Jones was advised at the time that it was his responsibility to
monitor waste irrigation at this farm, including taking weather forecast into
consideration. His indicated that they had postponed irrigation in the past
because of forecasted rainfall that never materialized. This was apparently
his justification for the irrigation of wastes immediately before a
substantial rainfall, (about a 2" rain per his estimate).
CONCLUSION
It is the opinion of this office that due to operator negligence,
wastewater from the Carl Jones farm entered waters of the State on at least
two and likely three occasions. The stream standard for fecal coliform was
exceeded in two of six stream samples, or 33%, constituting a stream standard
violation for that parameter. We have unsubstantiated reports that such events
have taken place on more than one occasion in the past.
The irrigation events leading to these discharges did not take place
during an emergency situation. The lagoon freeboard at the time of the first
investigation was estimated at 13 inches. Although this level is above the
recommended elevations, there was no imminent threat to the integrity of the
lagoon. obviously, freeboard increased with the subsequent irrigation events.
In this particular lagoon, at the pumping rate estimated at 400 gpm, it would
taken approximately six hours to draw the lagoon down one inch.
Although the efforts to obtain additional freeboard were perhaps
warranted, the measures taken to achieve this were poorly managed and
excessive for this particular site.
It is the recommendation of this office that the appropriate enforcement
action be taken against C.L. Jones Estate, Inc, Carl Jones Farm.
ANII! M OBERATIONS IPSPB TICM FOM!
Date(s) of Inspection: October 25 and 28, and November 22, 1996
Regional Office: Fayetteville
Name of Ckmer of Property (Check Register of Deeds or Taz Office):
C. L. Jones Estate, Inc., Mr. Ray Jones, President
Same of Operator: Mr. Carl Jones
Address: P.O. Box 1663
Laurinburg, North Carolina 28353
Phone dumber: (910) 277-8811 office
(910) 276-3800 farm
Description of Facility Location (State Road Nos., etc.)z
The farm is located on the southeast side of SR 1621, approximately one
quarter mile south of the intersection with SR 1620. This is near the
crossroads community of Hasty, in Scotland County.
Date of Last Expansion: This farm has not expanded since originally
constructed.
Has the facility registered with the Division of Water Quality? Yes.
Registered October 11, 1993.
Does the facility have an approved Animal Waste Management Plan? No
Is one required? Not yet.
Has this facility received a CAM Designation? No
Type of Operation (Examples: Farrow to finish, topping, dairy, swine, cattle,
chickens -layers or broilers, turkey production, etc.):
This is a swine finishing operation designed for 7920 animals.
.• .
AmTrr
Humber and Type of Animals or Animal Units: 7920 top hogs.
Length of Time Animals have been, are, or will be Stabled or Confined and Fed
-.,or Maintained in any 12-Month Period: Twelve months az�
..WR-
Are crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the
Normal Growing Season over any Portion of the Lot or Facility?
Animal waste is sprayed on grasslands which are cultivated and sold as sod.
Type of haste lianagement: Animals are confined in free stall barns with
slotted floors which drain into a single lagoon with a surface area reported
to be five acres. waste is land applied to fields of bermuda grass which is
cut and sold as sod.
Description of Other Animal Operations in Immediate Vicinity and Proximity to
Same or other Surface haters: A dry litter poultry operation is within one
half mile of this farm ,and is connected to the same surface waters by an
intermittent stream. Another hog farm, K&S farms, is located approximately 3
miles away.
Proximity of Facility to Neighboring Houses, hells, ertc.: The house closest to
this farm belongs to a member of the Jones family. There are several other
houses within one half mile of the farm.
Approximate Depth of Groundwater Table in the Area of the Facility or
Discharge: Seasonal groundwater elevation is estimated at no more than 14
feet.
Proximity of Facility to Surface haters (Provide name and class of surface
waters): Application fields on this farm are divided by at least two large
drainage ditches. Both of these ditches are immediately tributary to Steer
Branch, Class "C-Swamp" waters in the Lumber River Basin.
Animal paste Discharge: Photographs of the discharge are attached.
Are Pollutants Discharged into the Waters of the State? If so, how?
(Directly or by manmade ditch, flushing system, or other similar manmade
device): Animal waste from this swine finishing facility are normally land
applied. Due to over application on a single field, animal waste flowed
overland, entered a large field ditch, and drained into Steer Branch.
Do or have Discharges occurred in Response to a Storm Event of Less than a
25-year, 24-hour Intensity? (If yes, include a brief listing of incidents and
suspected causes.): The first two discharges were not related to any storm
event. The discharge found on November 22 was mingled with rainfall from a
storm the evening of November 21.
What is the degree and extent of harm to the natural resources of the State,
to the public health, or to the private property resulting from the violation?
These particular violations resulted in an exceedance of the fecal coliform
standard for "C-swamp" surface waters.
AMES-
What is the duration and gravity of the violation? Estimated from the time the
complaint was received, the discharge of October 25, 1996, occurred for more
than four hours. The waste discharge from the field on OctoberaA_also
occurred for at least four hours. It is estimated that fairly large
percentage of the waste irrigated eventually made its way into Steer Branch.
Waste from the November 21 irrigation event was still discharging at the
time of the inspection on November 22.
Water Quality Assesements On October 25, four samples were collected for fecal
coliform including locations at (1) the point where waste was discharging into
the field ditch, (2) the discharge from the field ditch just beyond the Jones
property line, (3) in .Steer Branch upstream of the confluence with drainage
from the farm, and (4) in Steer Branch downstream of the confluence with the
discharge from the farm. The water flowing into and from the ditch had the
characteristic red wine color of many swine operations. Laboratory results
indicate significant exceedances of the stream standard for fecal coliform in
the downstream location. The actual spray site is fairly flat, except at the
southeast end where there is a slight grade to the east. The field ditch
drains a very slight depression in the center of the field, and in this case,
a considerable volume of wastewater, even though waste application had ceased
some time prior to the visit. Rainfall was not a factor in this event. The
lagoon freeboard at the time of the first visit was roughly estimated at 12-14
inches.
on October 28, fecal coliform samples were again collected at the same
locations. Similar lab results were reported. The traveling irrigation gun had
been moved since the previous visit and was in motion, though at a very slow
retrieve rate. Wastewater was observed flowing freely into the field ditch in
at least two different locations. Lagoon freeboard was estimated at 14-16
inches.
On November 22, waste was again observed entering the ditch and flowing
off -site into Steer Branch. Though downstream fecal coliform levels were
significantly increased, they did not exceed the 200/100 ml threshold.
What is the cost of rectifying the damage?: No cost has been associated with
mending the effects of these discharges.
What is the amount of money saved by noncompliance? Probably very little. The
operator has other fields on which to spray and simply did not move the
irrigation equipment.
Was the violation committed willfully or intentionally?: Although these
discharges would have been obvious to anyone looking at the land application
site, it cannot be proven that the discharges were willful and intentional.
However, it is certainly reasonable to believe that the discharges were the
result of negligence on the part of the operator. On the visit October 28,
investigators observed the discharge for over three hours without once seeing
a farm employee check on the irrigation equipment. The disposal system at this
time was spraying waste at an estimated rate of 400 gpm.
What is the prior record of the violator in complying or failing to comply
with programs over which the Rnvironmental !Management Commission has
regulatory authorityz The Carl Jones farm has no known history of
noncompliance with this Division. The complaintant in this case, an adjacent
land owner, contends that such discharges have taken place routinely in the
past.
The discharge of November 21-22 occurred after regiona= staff had met
with Ed and Alex Jones, discussed the previous discharges, and advised them
of the anticipated recommendations of the regional office. They were well
aware that anv waste discharge was prohibited.
What is the cost to the State for the enforcement procedures? The total cost
to the State in this investigation is 51.577.71.
Travel - State vehicle - total of 440 miles @.20/mile
Travel - Private vehicle -total of 264 miles @.20/mile
Laboratory costa - 14 samples at $22.00 ea.
Film/processing
Investigative Cost, including report preparation
Ken Averitte 26 hr. @ 21.33/hr
Ed Buchan 10 hr. @ 20.25/hr
Ricky Revels 10 hr. @ 17.82/hr
Regional Water Quality Supervisory Review
Central Office Costs
88.00
52.80
308.00
31.63
554.58
202.50
178.20
62.00
100.00
$1577.71
ijrpe or general nature of business: The Carl Jones farm is part of an
incorporated estate, identified as the C.L. Jones Estate, Inc. Known business
interests of that estate include the swine farm and adjoining turf grass
business.
What is the violator's degree of cooperation (including efforts to prevent or
restore) or recalcitrance: When investigators finally located a responsible
employee and advised him of the situation, efforts were immediately commenced
to prevent additional runoff. Alex Jones and Ed Jones, operators of the farm,
were finally contacted the morning of October 29, after they had been reached
by staff of Carroll's Foods, the integrator. In a meeting at the site that
afternoon, Ed Jones appeared to understand the situation entirely, although
Alex Jones was reluctant to admit that the waste had actually left the site.
It was his contention that the ditch had been completely blocked in the past
and no waste could have left the site. It was pointed out in the field, at the
end of the ditch, that water and waste did leave the farm and enter Steer
Branch.
There remain some serious doubts about the circumstances leading to the
November 21-22 discharge.
Are there any !litigating circumstances?: None known. The farm manager
indicated that it was their intention to draw the lagoon level down to provide
winter storage, although they indicated that this discharge was of course
unintentional.
Assessment factors:
--.IWC: Estimated at 10 percent during the course of the discharges~._
Receiving Stream: Steer Branch, class C--Swamp
Damage: No significant damage noted.
Recommendations Had to owner/operator: Proceed with
implementation of certified waste utilisation plan. A large
adjacent to the farm site and is proposed as a waste disposal
staff recommended that this site be put into service as soo
order to obtain the necessary winter storage.
development and
unused field is
field. Regional
n as possible in
Re�eadations for Further DWQ Action: It is the recommendation of this
office that an enforcement action be processed against C.L. Jones Estate, Inc.
for violations of NCGS 143-215.1, for making an outlet for the discharge of
animal waste to surface waters of the state without a permit, and for
violations of the stream standard contained in 15A NCAC 2B.4211.
t
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFI= l�IL
RETDRN RBCSIPr
Mr. Ray Jones, President
C.L. Jones Estate, Inc.
P.O. Box 1663
Laurinburg, North Carolina
SUBJECT: Notice of Violation
Notice of Intent to Revoke Deemed Permit
Carl Jones Farm
Farm Number 83-12
Scotland County
Dear Mr. Jones:
Your are hereby notified that, having been deemed permitted to have a
nondischarge 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 October 25 and again on October 28, 1996, staff from the Fayetteville
Regional Office conducted inspections of the subject farm. These inspections
revealed that animal waste had been applied to a bermuda grass field in
sufficient quantity to cause saturated soil conditions and result in the
runoff of wastewater into surface waters of the State. During another
inspection on November 22, 1996, regional staff again found waste running off
.A
the same field and into surface waters.
In accordance with the requirements of NCAC 2H.0213, your are hereby given
notice that sixty (60) days following your receipt of this letter, the
Division of Water Quality intends to revoke your permit unlesathe following
conditions are completed: aftm
1. Take immediate measures to eliminate all wastewater discharges.
2. Make any modifications necessary to ensure there will be no future -
discharges.
P.O. Box 29535, �� FAX 919-733-2496
Raleigh, North Carolina 276260535 1ftC An Equal Opportunity/Affirrnative Action Employer
Telephone 919-733-7015 50% recycles/ 10% post -consumer paper
3. Submit an approved animal waste management plan and have the attached
certification form completed. One copy of the plan must be sent to your
local Soil and Water Conservation District. The certification form and
two (2) copies of your plan must be returned to the address below:
Division of Water Quality
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Failure to comply with the above conditions will result in permit
revocation and therefore, the existing animal waste management system serving
your animal operation will be in operation without a permit as required by
North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you will collect,
store, treat and land apply your animal waste in an environmentally acceptable
manner. To assist you in the development of this plan and to provide the
required certification that the plan is acceptable, you should contact your
local agricultural agencies such as the Soil and Water Conservation District,
the USDA Natural Resource Conservation Service, the North Carolina Cooperative
Extension Service or a technical specialist designated pursuant to the rules
adopted by the Soil and Water Conservation Commission.
If we have not received the requested animal waste management plan and
certification within 60 days of receipt of this letter or if there are
additional discharges to the surface water, a civil penalty of up to $10,000
may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain
monitoring and reporting requirements determined to be necessary by the
Division.
Although we will make every effort to work with you in correcting the problems
found at your facility, please be advised that nothing in this letter should
be taken as preventing the Division from taking appropriate enforcement
actions for either these violations or other past or future violations.
If you have any questions concerning this matter, please do not hesitate to
contact either Michael Wicker, Water Quality Regional Supervisor for our
Fayetteville Regional Office at (910) 486-1541, or Mr. Shannon Langley at
(919) 733-5083, ext. 581.
Sincerely,
A. Preston Howard, P.E.
ATTACHMENTS
cc: Michael Wicker, P.E., Regional Water Quality Supervisor
Gerald Dorsett, Regional Coordinator, NCDSWC, Winston-Salem
Ed Holland, Scotland County NRCS
Chris Walling, NCDSWC, FRO
Compliance/Enforcement File
Donna Moffitt - Division of Soil and Water
STATE OF NORTH CAROLINA
COUNTY OF SCOTLAND
IN THE MATTER OF
C.L. JONES ESTATE, INC.
CARL JONES FARM
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE SECTIONS
143-214.1,
143-215.1,
AND
15A NCAC 2B.0211
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File NO. DV
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I,
A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ)
make the following:
I. FINDINGS OF FACT:
A. The C.L. Jones Estate, Inc. is a corporation duly organized and
existing under the laws of the State of North Carolina and operates
an animal feeding operation located off SR 1621, near the
communities of Hasty and Johns in Scotland County, North Carolina.
This operation is known as the Carl Jones Farm.
B. On October 25, 1996, DWQ staff observed a discharge of wastewater
from an animal waste land application system at the Carl Jones Farm
entering a ditch and flowing into Steer Branch in the Lumber River
Basin.
C. On October 28, 1996, DWQ staff observed a similar discharge of
wastewater from the same animal waste land application system at the
Carl Jones farm into the same ditch and stream.
D. Steer Branch is classified as C-Swamp waters.
E. The water quality standard for fecal coliform permits a maximum
geometric mean of 200/100 ml in a membrane filter te,.based upon
at least five consecutive samples during any 30 day period, with a
maximum of 400/100 ml in no more than 20 percent of the samples
examined during such period.
F. DWQ collected samples for fecal coliform analysis from Steer Branch
on October 25 and 28, and on November 14, 15, 18, and 22, 1996.
G. Results of the fecal coliform samples indicated a geometric mean of
90.5/100 ml sample. Of the samples collected, the downstream
concentration exceeded 4001100 ml in 33 percent of the samples
collected.
H. Staff costs and expenses associated with detecting the violation,
defining its nature and extent, and bringing the enforcement action
totalled $1577.71.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS QF IAB
A. C.L. Jones Estate, Inc., owner of the Carl Jones Farm, is a
"person= within the meaning of G.S. 143-215.6(A) pursuant to
G.S. 143-212-(4).
B. Waste from the Carl Jones swine farm was land applied on or about
October 25, 1996, in a manner which resulted in the discharge of
waste into a farm ditch which is tributary to Steer Branch.
C. Waste from the Carl Jones swine farm was land applied on or about
October 28, 1996, in a manner which resulted in the discharge of
waste into a farm ditch which is tributary to Steer Branch.
D. C.L. Jones Estate, Inc., violated G.S. 143-214.1, G.S.143.215.1, and
15A NCAC 2B.0211(3)(e) by discharging animal waste which resulted in
fecal coliform concentrations in excess of the stream standard for
Class C-Swamp water, based on samples collected October 25 and 28,
and on November 14, 15, 18, and 22, 1996 as described in section
I.(F) of the Findings of Fact herein.
E. General Statute 143-215.6A(a)(6) provides that a civil penalty of
not more than ten thousand dollars per violation per day may be
assessed against a person who `violates a rule of the Commission
inplementing this Part, Part 2A of this Article, or G.S.
143-355(k),- referring to the water quality statutes.
F. General Statute 143-215.6A(a)(1) provides that a civil penalty of
not more than ten thousand dollars per violation per day may be
assessed against a person who "violates any classification,
standard, limitation, or management practice established pursuant to
G.S. 143-214.1, 143-214.2, or 143-215."
G. General Statute 143-215.3(a)(9) provides that the reasonable costs
of any investigation, inspection, or monitoring survVj�Ray be
assessed against a person who violates any regulations, standard, or
conditions of any permit issued pursuant to G.S. 143-215.1, or
special order or other document issued pursuant to G.S. 143-215.2.
H.
The Director, Division of Water Quality, pursuant to G.S.
143-215.6A(h), has the authority to assess civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECISION•
Pursuant to G.S. 143-215.6A, in determining the amount of the penalty, I
have taken into account the Findings of Fact and Conclusions of Law and
considered the factors listed in G.S. 143B-282.1.
Accordingly, C.L. Jones Estate, 'Inc., owner of the Carl Jones swine farm,
is hereby assessed a civil penalty of:
S For two violations of G.S 143-215.1(a)(1), for making an
unpermitted outlet for the discharge of waste into waters
of the State on two separate occasions.
$ For violation of the water quality standard for fecal
coliform, G.S. 143-214.1, G.S. 143-215.1, and
15A NCAC 28.0211(3)(e).
$ TOTAL CIVIL PESaLTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A(a).
$ 1577.71 Enforcement costs.
$ TOTAL AMOUNT DDE
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)
A. Preston Howard, Jr.,P.E., Director
Division of Water Quality
Sample date
SUMNAM OF
IA TOY Fa SALTS
Sample location
Results
(colonies/100 ml sample)
10/25/96
1*
40,000
10/25/96
2**
<1
10/25/96
3***
2,000
10/28/96
2**
9
10/28/96
3***
10,000
11/14/96
2**
18
11/14/96
3***
36
11/15/96
2**
4
11/15/96
3***
5
11/18/96
2**
3
11/18/96
3***
<1
11/22/96
1*
7,200
11/22/96
2**
<9
11/22/96
3***
153
Geometric mean of
six downstream samples - 90.5
of six downstream
samples collected, 33 1/3 percent
exceeded 400/100 ml
* Sample collected from ditch runoff flowing through Essey property.
** Sample collected from Steer Branch, upstream of confluence with drainage
from Jones farm.
*** Sample collected from Steer Branch, downstream of confluence with
drainage from Jones farm.
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (FAX)
AIR * FUEL • WATER • FOOD a WASTES
—"�
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Ken Averitte
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Ditch * - ID #96WE106156
2. Upstream ** - ID #96WU106157
3. Downstream *** - ID #96WD106158
4. Runoff **** - ID #96WE106159
CERT''#17920
DATE REC'D: 10/25/96 SAMPLED: 10/25196
SAMPLED BY: K. Averitte
DELIVERED BY: K. Averitte
SAMPLE CODS: WW, Stream, Grab
REFERENCE: Jones Farms - Scotland Co.
DATA REVIEWED BY:
DATE REPORTED: 10/30/96
ANALYSIS METHOD 1 2 3 4
COLIFORM, FECAL (per 100 ml) SM18 9222D 40000 <1 2000 41000
COMMENTS: * = Ditch at property line, Essey Property
+� = Upstream; UT to Bridge Creek
+++ r= Downstream; UT to Bridge Creek
++++ = Runoff from field; Jones Farm
< Less than
— Greater than
RECEIVED
NOV 4 ft
A
- 10E
PAGE 1 OF 1
no data and cow inbrmatlon wntairrad on Oft. and other aaoompanyirg d=rnenM reprasard only the sample($) analyzed and is MEMBER
rsrrdsred upon the Mwition thet d is not to he mpro& oed whony or in part for &&.1 Sinp or other purposes wit W written approval
from the laboratory. sm al
UWA-EPA-NK)SH Testitt0 Food &Mt bm CortsAN Cherrucal and Mvobb"ical Analyrses and Research
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
(910) 864-1920 / (910) B64-B774 (FAX)
AIR • FUEL • WATER • FOOD •
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Ken Averitte
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Steer Crk Up - ID #96WU106200
2. Steer Crk Dn - ID #96WD106201
3.
4.
NC #11
NC #37714
USDA #3787
WASTES
CERT #17922
DATE REC'D: 10/20/96 SAMPLED: 10/28/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WK, Stream, Grab
REFERENCE: Jones Farms
DATA REVIEWED BY:
DATE REPORTED: 10/30/96
ANALYSIS METHOD 1 2 3 4
COLIFORM, FECAL (per 100 ml) SM18 9222D 9 10000
COMMENTS: < := Less than
> = Greater than
. � RacejVLzi) .
NOV 4 �
FA�
AFyC" ' �� n¢E
PAGE 2 OF 2
The data utd other ftftmatioo omdairml on M, and oMer scoomparrybV doaamerds. represerd only dre sample(s) analyzed and Is MEMBER
rendered upon the oorrrillm that d Is not to be rsprodaoasE wholly or In part for advertising or other purposes wit W written approval
tram the laboratory.
USDA -EPA -MUSH Testing Food Sanration CrxtsAna ChemicW and MWObbboicW Ar3alyses and Research
Microbac Laboratories, Inc.
MICROBAC ENVIRONMETAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
(910) 864-1920 / (910) 864-8774 (FAX)
AIR • FUEL • WATER • FOOD
NC #11
NC #37714
USDA #3787
• WASTES
CERTIFICATE OF ANALYSIS CERT #18096
CLIENT: NC DEM DATE REC'D: 11/14/96 SAMPLED: 11/14/96
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: K. Averitte
Fayetteville, NC 28301 DELIVERED BY: K. Averitte
CONTACT PERSON: Mr. Ken Averitte SAMPLE CODE: WW, Stream, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Steer Creek; Jones' Farm
SAMPLE ID: 1. Upstream of farm - ID #96WU116537
2. Downstream of farm - ID #96WD116538
3. DATA REVIEWED BY:
4. DATE REPORTED: 11/20/96
ANALYSIS METHOD 1 2 3 4
+ataaaa###!a!4}a#caleta#aa!#tea!!a!#!a##!!alb++t4ta+ataaat#to+lea#aaa#aa#laaatta+!laaataa#
COLIFORM, FECALAper 100 ml) SM16 9222D 18 36
w
< - Less than
> a Greater than
PAGE 1 OF 1
The deem and other infommwon oorvWned on this, and other emompanying doarments. repso rrt only the samWs(9) and 4t
rendered upon the condtion Vat It is not to be reproduced whotly or in part for advertising w other purposes without written approval
from the laboreWy.
USDA-EPA-NIOSH T9sdng Food Santtatim Catsuitirtg Chemical and Microbiological Analyses and Rnsaarch
MEMBER
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTMaLLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (FAX)
AIR • FUEL • WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS CERT #18094
CLIENT: NC DIRK
DATE REC'D: 11/15/96 SAMPLED: 11/15/96
ADDRESS: Wachavia Building,
Suite 714
SAMPLED BY: R. Revels
Fayetteville, NC
28301
DELIVERED BY: R. Revels
CONTACT PERSON:
Mr. Ricky
Revels
SAMPLE CODE: WW, Stream, Grab
ACCOUNT NUMBER:
#KN003
REFERENCE: Steer Creek; Jones' Farm
SAMPLE ID: 1.
Upstream of farm - ID
#96WU116559
2.
Downstream
of farm -
ID #96WD116559
3.
DATA REVIEWED BY:
4.
DATE REPORTED: 11/20/96
a+att*taaa+aa++at44+++a++t*att*tt+ta+444a+++a+++tt+tatat++t++++++aaa+a{+{*+tit#444ttta++tt
ANALYSIS METHOD 1 2 3 4
****#*at4*t44ta4atattataa***4*ttta4ttaaa+ta*tt+4t++ta++tt+tat*la++a**++#**+4****t**ttttt*a
CdLIFORM, FECAL (per 100 ml) SM18 9222D 4 5
COMMENTS: < - Less than
> a Greater than
PAGE 1 OF 1
Tha dew and other tnAoarrwtlon eanwined on thin. end odwr amomperr ing doe mmn, .opr+sard oNY the GIs) unwynd "t9 MEMBER
angered upon the option that It to not m be reproduced whoQy or in pert for admrtWng or other purposes with= wi=n epprovd
from tho laboratory.
USDA-EPA-NiOSH Testing Food Sanitation Cormw*dng Chemical and Mier hbbgiCW Analyses and Research
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (FAX)
AIR * FUEL * WATER * FOOD * WASTES
CERTIFICATE OF ANALYSIS CERT #18095
CLIENT: NC DEM DATE REC'D: 11/18/96 SAMPLED: 12/18/96
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: R. Revels
Fayetteville, NC 28301 DELIVERED BY: R. Revels
CONTACT PERSON: Hr. Ricky Revels SAMPLE CODE: WW, Stream, Grab
ACCOUNT NUMBER: #KNO03 REFERENCE: Steer Creek; Jones' Farm
SAMPLE ID: 1. Upstream of farm - ID #96WU116583
2_ Downstream of farm - ID #96WD116584
3. DATA REVIEWED BY:
4. DATE REPORTED: 11/20/96
++++a++++a+a+++aa++++a+a+++a++++a++aa+++++*++t++at++++a+++++++++++a+aa+aa#++aaa++++**++***
ANALYSIS METHOD 1 2 3 4
OOLIFORM, FECAL (per 100 ml)
•
< - Less than
> - Greater than
SM18 9222D
PAGE 1 OF 1
3 <1
The data and onwr intonrration conbWned on tfd& end oftr woompan!^ng ooarm ft, reprm*nt only the samplo(s) analyzed and is MEMBER
randsred upon Ow aonfton OW It is no to be reproduosd wholly or In pad for advertising at oiWwr p oposas wfmout wvitten appnr'M
ham the Wbw".
USDA-EPA-NIOSH Testing Food SanibldiDn Consuttinp Chemical and Micnn ologlcal Analyses and Research
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (FAX)
AIR • FUEL • WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEN
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. E. Buchan
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Ditch @ Prop. Line- ID #96WE116716
2. Upstream - ID #96WU116717
3. Downstream - ID #96WD116718
4.
CERT #18178
DATE REC'D: 11/22/96 SAMPLED: 11/22/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Jones Farms
DATA REVIEWED BY: /Y
DATE REPORTED: 11/25/96
ANALYSIS METHOD 1 2 3 4
ttatt#*tttt*tttt}}ttttttt}}t**ttatttttttt**}tt*ttta}tt*ttt+*t*a+t}**ttttttt}*ttttat+aa}t*t
COLIFORM, FECAL (per 100 ml) SMIS 9222D 7200 49 153
J.
< — Less than
> = Greater than
PAGE 1 OF 1
The data wrd ottrrigtprmatbn aonWned on #* wrd other mmmpanying dotsamama. ropmard oMy the Sample(&) anatynd and is MEMBER
rendered upon the ooreftion dud it is r+ot to he reproduwd wtKay or in part t w adneftWnp or ottwr pugnsn without written approval
from the tawwory.
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E.; Director
Attn.: Carl L. Jones Jr.
C. L. Jones Estate Farms, Inc.
,. P.O. Box 1.553
Laurinburg, NC 28353 --
Dear Mr. Jones:
AA174*01
�EHNR
- - June 27,1996
RECEIVED
Jul 0 3 1991
FAYETTEVILLE
REG. OFFICE
Subject: Remission Request of
Civil Penalty Assessment
C_ L. Jones Estate Farms, Inc.
Scotland County
DV 96-020
This Ietter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581.
Sincerely,
i!
Robert L. Sledge, Supervisor
Compliance Group
- cc: Faye kteville Regional Office.w/atfaclunents
Enforcement/Compliance
Linda Forehand w/3 attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper
Date: June 8, 1997
To: Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, NC 27626-0535
From: C. L. Jones, Jr,
C. L. Jones Estate Farms, Inc.
P. O. Box 1663
Laurinburg, NC 28353
Subj: Your letter dated May 27, 1997 - "Assessment of Civil Penalties for Violation NCAC 2H .0217"
Dear Mr. Tedder:
We are in receipt of the subject letter. Please find attached the executed copy of the Waiver of Right to an
Administrative Hearing and Stipulation of the Facts form.
The purpose of this letter is to request and justify leniency on the magnitude of the assessment and to
request your consideration for steps we have taken to avoid reoccurrence of an accident of this type in the
future.
First of all, C. L. Jones Estates Farms, Inc. is a family owned business. We initiated steps five years ago to
become a contract hog grower for Carroll Foods because we thought it would provide a better return on
investment than the crops we were growing. With payment of the loan plus upkeep of the houses and
facilities we are not yet breaking even. Once the loan is paid off the investment will hopefully begin to
produce a profit, but, that will happen only if we can maintain the facility in good working order.. We
have another three years before the loan will be paid. My message is - We cannot afford a $5000 plus
assessment. It would be devastating to our operation.
Secondly, the incident which caused the spillage was an accident. It was a situation where a sprayer
malfunctioned causing an excessive amount of wastewater to be concentrated on to one area_ The
inexperience of the person monitoring the sprayer was a key reason for the accident. Since the problem
occurred we have taken the following steps:
• Financed attendance of our Operations Manager at the Environmental Training Class
• Provided in-house training and awareness on the environmental requirements on the farm
• Established a consultation relationship with DEHNR representatives in Fayetteville
• With the assistance of our Extension Agent, produced and submitted a detailed plan on applying
lagoon waste during the vari,vis crop seasons denoting nutrient and hydraulic rates. This plan is now
being executed.
• Acquired a lease on an additional 90 acres which now has irrigation installed and is undergoing
preparation and planting as an added area for dispensing of nutrients from the lagoon.
• Modified our sprayers «rith new nozzles to conform to the dispensing rates described in the plan
In summary, we are a family owned business trying to pay off a huge debt and, hopefully, become a profit
maker for the family one of these days. We are certainly environmentally conscious because we drink the
same water from the underground pumps located in close proximity to the lagoon that the pigs do. An
unfortunate accident occurred in October of last year that we certainly regret. We have taken steps that
should avert an accident of this type from happening again. An assessment of the magnitude disclosed in
your letter would be devastating to our operation. We hope that you give serious consideration to our
requests.
Please direct an , estions or issyon(this re to ne the address above or 910-584-6617. RECEIE®
See at ac nt A —Tax Return
JUN 12 1997
FACILITIES ASSESSMENT UNIT
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
SCOTLAND COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMITNO. 15A NCAC 2x.0217 ) STIPULATION OF FACTS
FILE'NO. Dv 96—U20
Having been assessed civil penalties totalling 5,577.71 for
violation(s) as set forth in the assessment document of the Director .of the Division of Water Quality
dated, MAY 27, 1997 ,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 1UTH day of JUNE
1997.
/ '-A� I pr� -
SI ATURE
ADDRESS
P.O. BOX 1663
LAURINBURG, NC 28353
TELEPHONE
91U-277-8811
Incorno
Deduc-
/Boris
(see
page 11
of the
irrstmc
tions to
lirraita-
tions.)
Tax an.
Payme
Form 1'120S
Department of the'6 asury
internal Revenue S"co
For calendar year 1996, ar tax e,
A Date of election as Use
an S corporation IRS
tal 1
ATTACHMENT "A"
U.S. f 6orhe Tax Return for an S Corporation
► Do not file this form unless tit•a corporation has timely filed
Form 2553 to elect to be an S corporation.
► see separate instructions.
beginning , 1996, & ending
Name Number, street, & room/suita no. City/town, state, & ZIP code
C.L. JONES ESTATES !.ARMS, INC.
OMB No. 1545-0130
1996
19
C Employer identification no.
56-1866727
01-03-94 Other- ALEX JONES D Date incorporated
B Business.codeno. *he, P.O. BOX 1663 10-07-93
(see Specific Inst.) iiii
P� or LAURINBURG, NC 28353 E Total assets (see Specific Inst.:
400 type. 5 528,156
F Check applicable boxes: (1) J Initial return (2) Final return (3)" Change in address (4} Amended return
G Check this box if this S corp- is subject to the consolidated audit procedures of sec. 6241 through 6245 (see inst. before checking this box) ►
H Enter number of shareholders in the corporation at end of the tax year .................................................. V. 4
Cautlen: Induda only trade or business income and exoenses on lines 1a thfouah 21. See the instructions for more information.
1a Grossrecelptaorsales 203 843 IbLess returns &?_Vo,•:ances C6a111-
2:, , Cost of goods,sold (Schedule A, fine 8).. . . ....... . ... ...................................
3 ` Grosslprofit. Sutitract line 2 from line 1c ..................... . ...........................
4 Net gain (loss) from Form 4797, Part 11, line 20 (attach Form 4757) . . ...... . ... . ................
S Other Income (loss)(attach schedule) .. PATRONAGE. .DIV.IDEND. ..................
6' Total bteonte (loss). Combine lines 3 through 5 ....................................... I .. P.
1C
203,843
2
31,740
3
1 7 2 103
4
5
19 633
6
1 91 1.736
7 Compensafion of officers.............................................................
8 . Salaries and wages (less employment credits). " .............................................
9 Repars andr4tirdenance..............:.................I...........................
10 • Badir ebts ............ ........... ............................. ....................
14 Rants...... +:........... ............................... I., ........... ..... .....
12 Taxes and licenses ........... ............................................... . .....
13 interest ...................................... ......... ............. .....................
14 Depreciation (if're uired, attach Form 4562) ..................... 14a 1 42, 326
b Depreciation claimed on Schedule A and elsewhere on return 114bi
C Subtract sine 141i from line 14a ........................ ............... ...............
1S Depletion (Do not deduct oil and gas depletion.) .........................................
16 Advertising ...................................... ..................................
17 Pension, profit-sharing, etc., plans ....................................................
18 Employee benefit programs. . ....... I., I ........................... ..............
19 Other deductions (attach schedule).... SEE • STATEMENT . 1• .... • • . • . - • - • - • • • • ... • • .
20 Total deductions. Add the amounts shown in the far right c_ iumn for lines 7 through 19........... ►
1 Ordinary income (loss) from trade or business activities. Subtract line 20 from line 6 .
7
8
45,785
9
16,846
10
11
880
12
24, 2 4 6
13
54,200
14C
42,326
15
16
17
18
19
32,170
20
216,453
21
24,717)
f
its
22 Tax: a Excess net passive income tax (attach schedule) 122a
b Tax from Schedule O (Form 1120S)............................ 122b I
C Add fines 22a and 22b (see page 13 of the instructions for additional taxes). . ... ...............
23 Payments: a 19% estimated tax payments and amount applied from 1995 return. 23a
b lax deposited with Form 7004................................ 23b
C Credit for Federal tax paid on fuels (attach Form 4136) .... ........ 23C
d Add lines 23a through 23c . .......................................................... .
24. Estirreted tax penalty. Check 4 Form 2220 is attached ................................ 0-0
25 Tax due. If the total of lines 22c and 24 is larger than fine 236. enter amount owed. See page 3 of
the instructions for depcsdory method of payment... ............. I ........ ►
26 Overpayment- If line 23d is larger than the total of lines 22c and 24, enter amount overpaid ........ P.
27 Enter amount of line 26 you want: Credited to 1997 est. tax ► Refunded ►
}`•a,:;ar
Mw
22C
0
"•:;
23d
24
25
0
26
J 27
Please
Sign
Here
Under penalties of perjury. I declare that I have examined ,his return, including accompanying schedules and statements, and to
the best of my knowledge and belief. it is true, ccrrec:..3nd complete. Declaration of preparer (other than taxpayer) is based on all
information of which preparer has any knowledge.
f _
Signature of officer fate / Title
Paid
Preparer's
signature
Date
3/ 1 6/ 9 7
Check if sell-
employed b-
Preparer's SSN
vreparer-s Firms name (or
Use Only yours if self-employed)
and address
For Paperwork Reduction Act Notice, see page t or separate instructions. CAA 11Z0512
Copy rtghiFains Sof:wareonly. 1996Nelco,Inc. N9620S1 CLJONES
code ►
28353
NTF5980 Form 1120S (i996;
C.L.'JOKES ESTATES FARMS, INC. 5b-l000rLr
Forrn1120S(1996) - --Page
RiRO A .'Cbst Of Goods Sold (see page 14 of the instructions)
;1 Inventory at beginning a( year.............................................................
1
�2 Purchases ....... ..................... ... .............................
2
3 ,.Costpflabor................................................. ...........
3
4"' Additional 4c8on'& A`costs (attach schedule) ......................... . ................ ....
4
5 Other costs'(attWthschedule) ..... . ......... CARROLLS • SU.PP.LIES.............. • . •
5
31 740
6 , Total. Add'1ir e 1 thMugh 5 ................. ......................... . ......... . .......
6
31 740
7 'inventory at'end,'ofyear..................................................................
7
6 Cost of goof .sd(d. Subtract line 7 from ins 6. Enter here and on page 1, line 2 .....................
8
311740
9a Check all rr'tethads used for valuing closing inventory:
(i) Cost'as deescrtbed in Regulations section 1.471-3
;ii) j Lower of cost or market as described in Regulations section 1- 471-4
(iii) Other (specify method used and attach explanation) ►
b Check if there was a writedown of 'subnormal' goods as described in Regulations section 1.471-2(c) ...........................
►
C Check it the LIFO inventory method was adopted this tax year for any goods (if checked, attach Form 970) ......................
. ►
d It the LIFO inventory method was used for this tax year, enter percenrage (or amounts) of closing
inventory compute&under LIFO ............................ ............................
J 9d
e Do the rules of'section 263A (for property produced or acquired for resale) apply to the corporation? ................
Yes
No
f Was there arty change in determining quantities, cost, or valuations between opening and closing inventory?..........
LJ
Yes
No
it "Yes,' attach explanation.
SChstduie _ -Other Information
Yes
No
1 Check met}iod'i f accounting: (a) 0 Cash WE] Accrual (c) U Other (specify)►
� Refer to the F>si on page 24 of the instructions and state the corporation's principal:
�
(a) Business activity ► (b) Product or service ►L;,„
N #s
u:k
3 Did the corporation at the end of the tax year own, directly or indirectly, 50% or more of the voting stock of a domestic
corporation? (For rules of attribution, see section 267(c).) If "Yes," attach a schedule showing: (a) name, address, and employer
identification number and (b) percentage owned........................................................... . ...
X
4 Was the corporation a member of a controlled group subject to the provisions of section 1561? ................... . .... . :
X
5 At any time during calendar year 1996, did the corporation have an interest in or a signature or other authority over a financial
account in a foreign country (such as a bank account, securities account, or other financial account)? (See page 14 of the
instructions for exceptions and filing requirements for Form TO F 90-22.1.) ...... . ...... I ..... _ .... I .................
X
If "Yes," enter the name of the foreign country 0-
6 During the tax year, did the corporation receive a distribution from. or was it the grantor of, or transferor to, a foreign trust?
If "Yes." see page 14 of the instructions for other forms the corporation may have to file.... .................... . . ......
X
»;
7 Check this box if the corporation has filed or is required to file Form 8264, Application for Registration of a Tax>
Shelter............................................... ►
........ ,............. . ...............
8 Check this box it the corporation issued publicly offered debt instruments with original issue discount ................. ►
::',> .
§.z':;>
If so, the corporation may have to file Form 8281,1nformation Retc:rn for Publicly Offered Original Issue Discount
Instrument:;.'
9 If the corporation: (a) filled its election to be an 5 corporation alter 1986, (b) was a C corporation before it elected to be an
5 corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other
..zw. ,; f
v;; .•
property) in the hands of a C corporation, and (c) has net unrealized 'built-in gain ,defined in section 1374(dx1)) In excess of
the net recognized built-in gain from prior years, enter the net unrealized built-in gain reduced by net recognized built-in gain
<s<:
from prior years (see page 14 of the instructions) . ........... . ...................... ► g
10 Check this box if the corporation had subchapter C earnings and profits at the close of the tax year
{see page 15 of the instructions) . _ ►
y '•
.M"'?`
Designation of Tax MatterS Person (see page 15 of the irs=.ructions)
Enter below the shareholder designated as the tax matters person (TRIP; for the tax year of this return:
Name of ,t+ i Identifying
designatedSTMP4 ?�: number of TMP
Address pf^`
designated TMP '
CAA 11ZOS12 NTF5981
Capyriuht F4:4; r Software only, 1996 Neico, inc_ N96Z052
C.L-. •JONES ESTATES FARMS, INC.
Fo.rm 1120S0996) Page 3
S"` iadi=rla'K Sharphnldprc' Sharpe of Incornp- Credits. Deductions. etc.
,p
ti
F*
A
.ry
ai
P
e
It
F
T
0
(a) Pro rata share item
(b) Total amount
tame..!.
1 Ordinary income (loss) from trade or business activities (pace 1 • line 21) ...................
2 Net hr 6ame (loss) from rental real estate activities (attach Fa m 8825) .. ...................
3$ Gross income from other rental activities ....... " ......... 3a
b Expenses from other rental activities (attach schedule) ...... 3b
C Net income (loss) from other rental activities. Subtract line 3d from line 3a " .......... " ......
4.. Pailfalio' income (loss):i:>`trt`
a lrtterestrncome ..............................................................
b dividindirtcome..................................".......I................"..
C,.Walty.:ticoma ......................... ... ... .... ...... ...............".
^d 'Net -term capital gain (loss) (attach Schedule D (Forn, t 120S)) ... . .......... . ......
• e Net'long-term capital gain (loss) (attach Schedule D (Form. 1120S)) .......................
f Other portfolio income (loss) (attach schedule) ......... .:............ .. . .. " .........
5 Net gain (loss) under section 1231 (other than due to casualty or theft) (attach Form 4797) .....
6 Other income (loss) (attach schedule) ..............................................
1
( 24, 717 )
2
<...»•is•
r s
3C
4a
4b
4C
4d
4e
41
5
6
EKiuc- .
>
7 Charitable contributions (attach schedule).......... ..........
;'a .Section 179 expense deduction (attach Form 4562) .... ..... , .. " .. " ........ " " . • . • .
9 Deductions related to portfolio income (loss) (itemize) ...... " .................. . .
10 ,Othei deductions (attach schedule)........ ".......................................
7
9
10
-
ent
Merest
l la Imerest expense on investment debts .. "...........................................
b-'(1 �,investttitent income included an lines 4a, 4b, 4c, and -f above ....... " ................
'Investment expenses included on line 9 above..... ......
...... ..... ...
11 a
11 b(1)
l lb(
redits
12a Credit for alcohol used as a fuel (attach Form 6478) . .. ..............................
b' t.ovi -income housing credit:
(1) From partnerships to which sec. 42QX5) applies for property placed in service before 1990. .
(2) Other than on line 12b(1)for property placed in service before 1990 ...................
(3) From partnerships to which section 42(j%) applies icr property placed in service after 1989 "
(4) Other than on line 12b(3) for property placed in service aftar 1989 .... " ................
C Qualified rehabilitation expenditures related to rental real estate activities
(attach Form 3468)............................. .............."................
d Credits (other than credits shown on lines 12b and 12c, related to rental real estate activities.. , .
e Credits related to other rental activities .............. . . .......................... " ..
.13 Other credits .............. . ...... " .......... ...............................
12a
TM
12b(1)
12b(2)
12b(3)
12b(4)
12C
12d
12e
13
d just-
ertts ,
id Tax
^efer-
ice
tins
i4a Depreciation adjustment on property placed in service after 1986 ................ " ........
b Adjusted gain or loss, ........... " ............ . ............
C,"'�bepletion (other than oil and gas) ................ . " ........ " .................... ,
d "(1) Gross income from ail, gas, or geothermal properties .............. " ........... " ....
(2) Deductions allocable to oil, gas, or geothermal properties. . .... .......... ..........
e Other adjustments and tax preference items (attach schedule) ....................... " .. .
14a
( 18,958)
14b
14C
14d(1)
14d(2)
14e
rrelgn
rxes
15a Type of income ►
b Name of foreign country or U.S. possession ►
C Total gross income from sources outside the United Stases ~attach schedule).... " ...........
d Total applicable deductions and losses (attach schedaie) .................. I ... " ........
e Total foreign taxes (check one): ► 0 paid U Accrued ................. . ........ . .
f Reduction in taxes available for credit (attach schedule 1 ............. I ..... " ........ " ...
Other forei n tax intomnation (attach schedule) ......................................
15C
15d
15e
15f
15
r
:her
16 Section 59(ey,2) expenditures: a T e
bAmount ....................................... .............................
17:M-exernpt interest income ... ......................... ...
18 Oiher.iax-exempt income ...................
19 Nondeductible expenses .................... ............. " .............. - ......
20 Total property distributions (including cash) other than dividends reported on line 22 below.....
21 Other items and amounts required to be reported ser:arately to shareholders (attach
schedule)
22 Total dividend dtstributions paid from accumulated earnings and profits" ................... •
23 Income (loss}. (Required only if Schedule M-1 must ne completed.) Combine fines 1
through 6 in column (b). From the result, subtract the sum of lines 7 through 11a, 15e, and
16b
1bb16b
17
19
20
j?2
Y23
24,717)
Copyright Forms Software Only, 1996 Nelco, Inc. N9624S3
c....., iwnc'rieoc) P' s_ TnmvQ t; Q-PA PT�C 7awmc� I;-'. .
-�-
GFl9CIUlS: L_: Balance Sheets per Books "`
Beginning of ;ax year
End of tax year
Assets
(a) (b)
(c)
(d)
•1 Cash......"......"..."...........
2a Trade Hates and accounts receivable.....
b Less allowance for bad debts. " .........
t>x,:, 51
41 566 is
l 41 , 566
7.
5 5 4 69
92
i'� f�
55,469
f S
831 , 422
316 , 501 51 4 , 9 21
r `
831 422
3 Inventories " ..... " .. " ...
4 U.S. Gdvernment obligations ...... " ...
5 Tax-exempt securities
6 Other current assets (attach schedule)...'
7 L'oans to shareholders .... . ......
V Mortgage and real estate loans
9 Other Investments (attach schedule)
,,1061 Buildings and ether depreciable assets ...
tress accumulated depreciation . " .......
1ta Depletable assets.........
s
f.F
472, 59 5
3 58, 827
�b Less accumulated depletion" ...........
12 Land (net of an amortization) . " }
13a ;Intangible assets (amortizable only)
..i �, ..
b,L'ess accumulatedPr-
14 Other assets (attach schedule)...... ..s
i5 Total assets ......... .
l
i
<t+` j
556 538
,• f k s '`' t
528 1 56
Uabilitlewand'Shareholders' Squity
1B , tAccot,nts payable. , :................
K
,17 :• i�Aortgages datess., txmrts payable In lean than t year
118 Other curreritGabilities (attach schedule) .
19 Loans from shareholders ..... " .......
20 Mor!gages, no , bonds payabte to t year or more
es
21 Other liabilities (attach schedule) ......
22 Capital stock ........ " ... " .. " ......
23 Paid -in or capital surplus . " ...... " ... "
24 Retained ea ..... " . mrrigs . .... ......
25 Less cost of treasurystock ............
26 Total liabilities and shareholders' equity..,x,'.
";, Y< a
" �, f lie
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4 W; Im "I
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2 8 7 2 7
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( 41 780
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6 5 1 6 2 7
r 1 , 0 0 Q
1 000
i 9 8 , 84 5 }
( 9 8 8 4 5 }
{ 1 61 , 087 }
( 1 85 804 )
)
528 156
556, 5 3 8
Reconciliation of Income (Loss) per Books With Income (Loss) per Return (You are not required
to complete this schedule If the total assets on tire 15, column td), of Schedule L are less than $25,000.)
1 Net income (loss) per books ........... ( 24 , 7 17 ) 5 income recorded on hooks this year not
2 Income included on Schedule K, lines 1 included on 5chedule K, lines 1 through
through 6, not recorded on books this year: 6 (itemize):
a Tax-exempt int. $
3.. Expenses recorded on books this year not
included on Schedule K, lines 1 through
1Ia. 15e, and 16b (itemize):
a Depreciation S
b Travel atxl
entenalnmont $
i Deductions included on Schedule K, lines 1
through I la, 15e, and 16b. not charged
against book income this year (itemize):
a Depreciation $
_ 7 Add lines 5 and 6 .............. " ..... 0
4_ Add lines 1 through 3. 2 4 , 7 1 7) J8 Income (loss) (Schedule K, line Z3). Line 4 less line 7 24,717
0+�::.t,:ram ,:...,, Analysis of Accumulated Adiustments Account, Other Adiustrnents Account. and
Shareholders' Undistributed
Taxable Income Previously Taxed (see page 22 of the instructions)
1 Balance at beginning of tax year ...........
Ordinary Income from page 1, tine 21 . " .. " ..
3 Other additions ....... " ................'�
4 Loss from page 1, line 21.... " ............
5 Other reductions..... " ..... .. " ........,,
5 Combine lines i through 5................
7 Distributions other than dividend distributions .
8 Balance at and of tax year. Subtract line 7 from Ilse 6.
(a) Accucnuiated
adjustment's account
(b) Other adjustments
account
c shareholders'
undistributed taxable
income previously taxed
( 161 087 }
0
0
iyE f
JhY -M w�•'t �h
' r .
0
( 2 4 71 7)
( 185,804)
0
1 8 5 8 0 4
Q
0
CAA 11 ZEM04 NTF 5963
Oppyright Porms Software Only, 1996 Ndco, Inc, µ962054
NC.
STATEMENT 1 FORM 1120S, OTHER DEDUCTIONS
DESCRIPTION
j AUTO,EXPENSE
INSU"NCE
TELEPHONE,
UTILITIES'-
MOBIL, FEES
;LEGAL-. FEES
CE EXPENSE
�.4' 0 F F I
1. 'EQUIPMENT'LEASE
:MISCELLANEOUS
-1,TOTA,L -
STATEMENT _'2-FORM 1 1 2 0 S
DEStRlRTl0Nt_'_
W1,THHELD
-FICA,'
FED TAX �WTTHHELD
NC TAX-
'ACCRUEifi`l@ltMPLOYMNT
COUNTY,'zTAVGARNlSHMENT
,LOAN FROMI-ALEX JONES
ACCRUED:':FICA
TOTAL
-3vz"
Al
0
Yf
4t
E th
_Ll
AMOUNT
4,996
8,090
Boo.,
14,320,
57
3.7 3,,
2'.4
27
240
348
32,170
SCHEDULE L OTHER CURRENT LIABILITIES -
BEGINNING
8,934
6,729
3,356
775
0
0
8,933
28,727
ENDING
1 2, 427
8,528
4,262
1,016
360
6,394
12,427
454414
State of North Carolina
Department of Environment, TVA
Health and Natural Resources •
V�A
Fayetteville Regional Office
James B. Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
November 26, 1996
Mr. Ray Jones, President
C.L. Jones Estate, Inc.
Carl Jones Farm
P.O. Box 1663
Laurinburg, North Carolina 28353
SUBJECT: NOTICE OF VIOLATION and
Recommendation for Enforcement
Carl Jones Farm, Reg. No. 83-12
Near Johns, Scotland County
Dear Mr. Jones:
On the evening of October 25, 1996, staff of the Fayetteville Regional
Office investigated a complaint alleging that animal waste from the Carl Jones
farm was being discharged into the waters of Steer Creek, near the Johns
community in Scotland County. It was apparent at the time of the visit that
an excessive volume of lagoon waste had been land applied, resulting in
overland flow and a substantial amount of runoff. This waste material entered
a drainage ditch and flowed into Steer Branch, class "C-Swamp" waters of the
State.
Regional staff returned to the farm on Monday, October 28, in order to
contact the farm owner or manager and discuss the unpermitted discharge. On
arrival, it was discovered that lagoon waste was again being applied on the
same saturated field observed at the time of the previous visit. As noted
before, waste was flowing overland, entering the drainage ditch, and
discharging into Steer Branch. Staff members were eventually able to locate an
employee of the farm and recommend that the irrigation pump be shut down. It
was also recommended that measures be taken to eliminate further runoff of
waste from the field_
Contact was finally made with the management of the Carl Jones farm on
Wachovia Building, Suite 714, Fayetteville`FAX 910,486 0707
North Carolina 28301-5043 11%f An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper
Mr. Carl Jones
November 26, 1996
Page 2
the following day, October 29. Alex and Ed Jones met with Regional Office
staff and discussed the circumstances leading to the discharges as well as the
possible outcomes.
As a registered confined animal feeding operation (CAFO), this farm has
been deemed permitted by the Division of Water Quality in accordance with
Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An
individual non -discharge permit is not required if certain criteria are met. A
major requirement to be deemed permitted is that there must not be a discharge
of any wastewater from the operation to the waters of the State. Due to the
above mentioned discharges of animal wastes into such waters, your facility is
found to be in violation of its 2H.0217 Permit.
As a result, this office is preparing a recommendation to the Director of
the Division of Water Quality to proceed with revocation of your deemed
permitted status.
By allowing a discharge of animal waste to waters of the State, you have
also violated sections of N.C. General Statute 143-215.1(a), which states in
per:
"No person shall do any of the following things or carry out any of the
following activities until or unless such person shall have applied for
and shall have received from the commission a permit therefor and shall
have complied with such conditions, if any, as prescribed by such permit:
(1) !lake any outlets into the waters of the State;"
Item (6) of this Statute also prohibits the discharge of waste which will
result in "violation of the water quality standards applicable to the assigned
classifications...". The stream standard for fecal coliform density was
exceeded in Steer Branch as a result of each of these discharge events.
The purpose of this letter is also to advise you: (1) To cease all
unpermitted discharges of waste from your facility, (2) To take immediate
action(s) to prevent discharges in the future, (3) That a report will be
forwarded to the Division of Water Quality Compliance Group detailing the
violation of NCGS 143--215.1 and including recommendations for enforcement
action, and (4) That recommendations will be forwarded to the Director of the
Division of Water Quality for the revocation of the "Deemed Permitted" status
of your facility.
It is also suggested that you submit an approved certified animal waste
management plan to this office within 60 days of receipt of this letter. This
plan should also include a description of measures to be implemented in order
to ensure that no further discharges occur. We urge you to contact the
Scotland County Natural Resources Conservation Service at (910) 277-2422 for
additional information regarding a certified waste management plan. Such a
Plan will be a required by the Division Director prior to reconsidering this
farm for coverage under the deemed permitted provision.of the Rule.
Mr. Carl Jones
November 26, 1996
Page 3
Your prompt attention to these matters will be taken into consideration
in the forthcoming enforcement report.
Should you have questions concerning this matter, or if this office can
be of assistance, please contact either Mr. Michael Wicker, Water Quality
Regional Supervisor, Mr. Ed Buchan, Environmental Engineer, or Ken Averitte,
at (910) 486-1541.
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTS/ka
cc: Sue Homewood
Burt Cofer, Scotland Co. Agricultural Extension Service
Chris Walling, DSWC, Fayetteville
Ed Holland, DC, Scotland Co. MRCS
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Carl Jones, Jr.
C.L. Jones Estate Farms, Inc.
P.O. Box 1663
Laurinburg, NC 28353
Dear Mr. Jones:
±SOL
—L ®�""�
October 23, 1997 RECO i% EL
OCT 2 9 1997
FAYETTEAlILLE
REG. OFFICE
RE: Payment Schedule for Civil Penalty,
Case #: DV 96-020
Farm #: 83-012
Scotland County
You have requested a schedule for making partial payment toward the $5,577.71 civil
penalty assessed by the Remission Committee of the Environmental Management Commission on
October 9, 1997. The Department is agreeable to entering into an agreement with you through
which regular payments will be made beginning in December 1, 1997 and continue through
November 1, 1998. You agree that beginning in December 1, 1997 and continuing to October 1,
1998, to pay four hundred, sixty four dollars and eighty two cents ($464.80) each month and by
November 1, 1998 to pay the remaining balance of four hundred, sixty four dollars and ninety one
cents (464.91). You should make the payments by checks made payable to the Department of
Environment and Natural Resources and mail them so they are received by the 1st of each month.
Failure to make the monthly payments in accord with this schedule of payment will cause
the entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Your mailing envelope should be addressed as follows:
Attn: Dennis R. Ramsey
Department of Environment, Health, and Natural Resources
Division of Water Quality
P_O. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recvcled/10% post -consumer paper
If you agree with the terms of the schedule of payments, you should indicate your
acceptance by signing the attached civil penalty assessment payment schedule in the space
provided and returning the signed copy with the first payment.
If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581.
Sincere ,
A. Preston Howard, Jr., P.E.
cc: Enforcement File DV 96-020
- e evi a egional-Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
RECEIVED
�a
OCT 2 4 1997
REPL-A cW
State of North Carolina f r on
MEICHAEL EASLEY DCPartr-nCllt Of JuSt1Ce (919) 716 660
A"ITORNEN' GENERAL P. O- BOX 629 (919) 716`6767
RALEIGH
27602-0629
October 20, 1997
Mr. Carl Jones, Jr. CERTIFIED MAIL
C. L. Jones Estate Farms, Inc. RETURN RE EIPT REQUESTED
P.O. Box 1663
Laurinburg, North Carolina 28353
RE: Assessment of Civil Penalties Against C.L. Jones Estate Farms, Inc.
DV 96-202 Scotland County
Dear Mr. Jones:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision
document.
Accordingly, you must submit payment of the civil penalty assessment and investigative
costs to the Department of Environment, Health, and Natural Resources within 30 days of receipt
of this final agency decision by mailing a bank or certified check. The check should be made
payable to the Department of Environment and Natural Resources and the mailing envelope
addressed as follows:
Robert Sledge
Water Quality Section
P. O. Box 29535
Raleigh, North Carolina 27626-0535
If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commenced in Superior
Court.
Very truly yours,
6-11 c.�.-� LA--�LLXJ�
-
Francis W. Crawley
Special Deputy Attorney General
Commission Counsel
F W C/so
Enclosure
cc: Robert Sledge
20297
NN
L
STATE OF NORTH CAROLINA
COUNTY OF SCOTLAND
IN THE MATTER OF: )
)
Assessment of Civil Penalties )
Against )
C.L. JONES ESTATE FARMS, INC. }
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANA ! `
COMMISSIONVWTE ! V
DV 96-202 OCT 2 0 1997
FINAL DECISION
CI\l�ihU^1h�i Nif;LMA%EMENT
GOM1,01-SI ON
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on October 9, 1997, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against the
C.L. Jones Estate Farms, Inc., in the amount of $5,577.71 ($4,000.00 plus $1,577.71
investigative costs). C.L. Jones Estate Farms, Inc.'s request for remission was presented to the
Committee on Civil Penalty Remissions for consideration. The Division of Water Quality was
represented by Mr. Tommy Stevens, Regional Supervisor in the Fayetteville Regional Office,
and C.L. Jones Estate Farms, Inc., was represented by Mr. L.S. Page, a shareholder and family
member.
Having considered the record, arguments of the parties, and the factors set forth in
N.C.G.S. §143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by C.L. Jones Estate Farms, Inc., and that the Director properly applied the criteria set forth in
N.C.G.S. §143B-282.1 in determining the amount of the civil penalties. The Committee further
finds that there are no grounds for remission or reduction of the penalties assessed by the
2
Director for violation of 15A NCAC 2H .0217 by discharging animal waste to the waters of the
State during land application. Upon duly made motion and vote, the Committee finds that the
assessment of civil penalties and costs in the amount of $5,577.71 should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $5,577.71 against
C.L. Jones Estate Farms, Inc., is AFFIRMED.
2. That this Final Decision and Order be served upon C_L. Jones Estate Farms, Inc.,
and upon receipt hereof, the amount of $5,577.71 be paid to the Department of Environment and
Natural Resources.
This the /6"4day of October, 1997.
David 9. Moreau, Chairman
Environmental Management Commission
W
CERTIFICATE 2 _SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION
on the parties listed below by the methods indicated:
Mr. Carl Jones, Jr.
C.L. Jones Estate Farms, Inc.
P.O. Box 1663
Laurinburg, North Carolina 28353
Mr. Tommy Stevens
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
Wachovia Building
Suite 714
Fayetteville, North Carolina 28301
This then o day of October, 1997.
20170
CERTIFIED MAIL
RECEIPT
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600
COPIES FORNISRED UPON REQUEST
MERTINC
ATTL�'NDANC.E
RECORD
MEETING TOPIC__ .Jo -es
�c-,p t
DATE; , la�ir—
NAME REPRESENTING
TELEPHONE NO.
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DIVIBION OF WATER QUALITY
WATER QUALITY SECTION
FAYETTEVILLE REGIONAL OFFICE
SUITE 714 WACROVIA BUILDING FAYETTEVILLE NC 78301
TELMMONE (910) IA6-1541
FAX (910) ♦H6-0707
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
(910)-864-1920 / (910) 864-8774 (FAX)
AIR a FUEL • WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Ken Averitte
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Drainage ditch * - ID #96WE106196
2. Downstream ** - ID #96WU106197
3. Drainage ***.- ID #96WD106198
4. Ditch **** - ID #96WE106199
CERT #17921
DATE REC'D: 10/28/96 SAMPLED: 10/28/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Jones Farms
DATA REVIEWED BY:
DATE REPORTED: 10/30/96
++******+**********++++++**+*****#+#***#+#*+*+********+++++#+++*************++++*#+*****A+
ANALYSIS METHOD 1 2 3 4
COLIFORM, FECAL (per 100 ml) SM18 9222D 545 54 72727 33000
CdMMETiTS: = Drainage ditch at property line
+* = Downstream; Steer Creek
+++ = Discharge from field
Ditch at property line.
RECEIVE!]
Nov 41996
REt ntWLLF"
PAGE 1 OF 2
The data and other intonnatfon contained on this, and other eaoompanying dmrnertls, represent only the sample(s) analyzed and Is MEMBER
rendered upon the condAw that it is not to be reproduoad wholly or In part for advertising or other purposes without written approvat
from the laboratory.
USDA -EPA -NOSH TesSng Food Sanimtion ConsAng Chemical and Microbiological Analyses and Research
rHurc:HI v NU. IWP INUHUCIUUU
I CIIY I MAP
ULK PAHCEL
ACCOUNI NO
PHIUI1VALUE GAHL/NU,I
LtUALOt.7L.HI lIU14
rhv,rlti , rH—ice
F:"
(1232,
30
Q 1 48
20
1TRACTACCESS
HOME
TOPO
LND IMP
SHAPE
RECORD OF OWNERSHIP
.01
BOOK
PAGE I
YEAR
STAMPS
PROPERTY LOCATION
CLASS
I OCCUP.'
C L .JONCS FARMS
i 3
UO
04
0 �
01
0 �.
NONE
948
LISTE[�� JM DAT17139
P. NO.
DATE
REMARKS
APPR DATE
9a COMP,
DATE n Inn Inn
PARTIAL VALUE (}
ACT YR BLT
EFF YR BLT
I CONE).
BUILDING ELEMENTS AND CALCULATIONS
DESCRIPTION
VALUE
DESCRIPTION
VALUE
FOUNDATION
ATTIC FN
UNFN
FI.00WNG SYSTEM
BASE GF AREA
STRUCTURAL FRM.
BASE SIF
EXTERIOR WALLS
STORY
cIDC/I)
ROOF FRAMING
WALL HEIGHT
A0
ROOFCOV./DESG.
/
ATTACHMENTS
FLOOR COVER
INTERIOR FINISH
CAB (MILLWORK
ELECTRICAL
PLUMPING
SPRINKLER
SYSTEM
HEAT/COOL
FIREPLACE
FN
BASEMENIUNFN
LINE q CODE DESCRIPTION
PERIMETER MULT
GRADE
DEPR, PIFIE
TOTAL
VALUE NH9
SUMMARY OF OTHER IMPROVEMENTS
CONST. I SIZE I AREA RATE YR
SALES INFORMATION TOTAL VALUE SUMMARY OF OTHER IMPROVEMENTS
AMOUNI' 00 TOTAL VALUE LAND
DATE _ 07007
QUAL SALE TOTAL VALUE BUILDINGS
TOTAL VALUE
FRTG. DEPTH I UT. PR)EP. FAC I FF PRICE SUB TOTAL
VALUE
SQUARE FOOTAGE SF PRICE SUB TOTAL
CLASS I ACRES I SIZE FAC I DIRT I PVT
TOTAL
ACRES i0o • 600 TOTAL VALUE LAND
954 80 LAND USE VALUATIONS AND TOTALS
GLASS' NACRES RATE LAND VALUE TOTAL USE
99930 VALUE LAND
TOTAL USE
954160 VALUE BUILDINGS
1054110 TOTAL USE VALUE
TOTAL ACRES
LAND VALUE
LAND VALUE
LAND VALUE
9992!!
-
10
f
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY INVOICE
817 CASTLE HAYNE STREET j
FAYETTEVILLE, NC 28303
(910) 864-1920 / (910) 864-8774 (FAX) No. #22624
AIR • FUEL • WATER • FOOD • WASTES
NC DELI
Attn: Mr. Tammy Stevens
Wachovia Building, Suite 714
Fayetteville, NC 28301
.•v',CLIENT PURCHASE ORDER NO-
#KN003 30 days 10/31/96
. .
Analysis on submitted waste water samples (96WE106156-6159; ;Z10
196-6201)
Coliform, Fecal @ $22.00/each $220.00
RECEIVED
"V 4 ft
Aaiee�0.F�E
M E M B E R
Laboratories serving North America. ■ $ 2 2 0. 00
USDA-EPA-NIOSH Testing • Food Sanitation Consulting • Chemical and Microbiological Analyses ® ■
i A
PROPERTY RECORD CARD
CARD NO
TOWNSHIP
a JL
STEWARTSVILLE
City —O `�° ` ut---
FARiVI
RESIDENT
COMMERCIAL
CARD NO, OF
RECORD OF OWNERSHIP
Deed
Book
Page
Date
Sale Price
Or Stamps
Map
232
Block
1
Lot
9
No. Acres:
CL Jones Sr Est
L,19
Description
100.67 Ac CL Jones
Old Card No. Land Cost Bldg. Cost Prior Value
6527 45r 910
LAND VALUE COMPUTATIONS
AND SUMMARY
SUMMARY OF BLDGS,
Card No. 1
Card No. 2
Adjoining Owners
Frontage
g
Depth
Unit
Price
Depth
Factor
Front Ft.
Price
Total
De r.
p
Tots{
A raisal
Location S Side SR 1621
Card No, 3
PROPERTY FACTORS AND INFORMATION
Street Or Road
improvements
Topography
Trend Of Dist.
Card No. 4
CLASSIFICATION
iNO. ACRES
RATE
Paved
✓
Water
Level
✓
Improving
Card No. 5
BUiLDINGSITE
Saml-Imp.
Sower
High
Static
Open
Land
Good
r
Dirt
Gas
Low
Declining
Fair
y p
.y
Q
Sidewalk
Electricity
Rolling
Into By
Poor PC A k
30..9 �
Septic Tank
Swampy
I owner
TOTAL
Pasture
Land
Good
Tennant
Fair
YEAR
SALES
SALES
STAMP
DEED
BOOK
PAGE
Poor
19
Wood
Land
Good
19
Fair
r% �%
Poor
1f
19
WASTE LAND
19
ROAD FRONTAGE
19
19
19
TOTALACREAGE
19
1987
1 ]
19,
19
19
19
TOTAL VALUE LAND
TOTAL VALUE BUILDINGS
TOTAL VALUE LAND AND BUILDINGS
SCOTLAND COUNTY, NORTH CAROLINA — 1987 REVALUATION
BUILDING RECORD
SKETCH
!
�jr �I,�,q;; RC11nrT
R O O F I N G
P L U M B I N G
COMPUTATIONS
Asphalt Shingles
Bath Rooms
Wood Shingles
Toilet Rooms
Unit S. F.
Asbestos Shingles
Water Closets
Slate
Lavatory
Tile
Stall Shower
Metal
I Kitchen Sink
Tar & Gravel
No Plumbing
Roil Roofing
Water Heater
INSULATION
TILING
Root or Ceilin
Bath Flr. & Wsct.
Walls
Toilet Fit. & Wsct.
Blanket
Kit. Floor
ATTIC
Kit.Wsci.
Attic Flr. & Stairs
Shower
Finished Attic Area
% 1 F
Fireplaces No.
Brk./Stone
Artificial F. P.
Floors
B
1 12
13
No. of Stacks
Foundation
Cement
Incinerator
Earth
N O . OF ROOM 'Basement
Hardwood
Bsmt.
2nd
smt. Finish
Pine
I
I 1st
Ord
Walls
Single Flr.
Location & Econ. Class
Rein. Conc.
Good Fair Poor
Roof
Wood Joist
Typical
Insulation
Overbuilt
Int, Fin,
B
1
2
3
Underhuilt
Attic
Pine
MISCELLANEOUS
Floor,
Hardwood
Fire Proof Const,
Ini. Fin,
Plaster
FOUNDATION
W A
L L S
Dry Wall
Rein. Conc. Beams & Cols.
Heating
concrete
Siding on Sheathing
Party Walls
Unfinished
Steel Frame
Auto Unit
�oncrete Black
Single Siding
Cam. Brk, on Tile or C. B.
H E A T I N
G
Steel Beams & Cots.
Plumbing
3rick or Stone
Cnd, or Conc. Blk,
Face Brk, on Com. Brk.
No Heat
Timber Beams & Cols.
'iers
Wood Shingles
Face Brk, on Tile or C. S.
Electric
Steel Trusses
Tiling
Asphalt Shingle
Cut Stone Facing
Forced Air Furn.
S rinkter Wet Pi a
Fire Place
BASEMENT AREA NO,
Asbestos Shin le
Terra Cotta Facing
Hot Water or Steam
Sprinkler Dry Pie
Mull. Fam.
/. %' '/. F
Stucco on Frame
Stone or T. C. Trim
Floor Furnace
Passenger Elev.
BASEMENT FINISH
Stucco on Tile or C. B.
Plate Glass Front
Ht . Pump
Freight Elev.
TOTAL
/. 1 % '/. 1 F
Com, Brk. Veneer
PARTITIONS
Radiant
Wood Frame Sash
GR. FACT.
<natty Pine
Face Brk, Veneer
L. P. on Wood Studs
Unit Heaters
Steel Frame Sash
Total
4s halt Tile Flr.
Stone Veneer
Plast. Bd. on Studs
Auto Unit I lConv.
Knob & Tube
Factor
7r Walls & Ceil
Parma Stone
Plaster on Tile or C. B.
Oil Gas Stoker
Flextume
)or jAw Gar I
I
Plaster on Brick
Air Cond. Att. Sep.
Pipe Conduit
Repl, Value
OCCUPANCY
CONSTRUCTION
SIZE
AREA
PRICE OR
GRADE
AGE
COND.
REPL. VAL.
PI1YS.
DEPR.
ptiy5.
VALUE
FUNCT.
DEPR,
SOUND
VALUE
TINGLE FAMILY
DWELLING
FAM FLAT
FAM DUPLEX
FAM CONV,
ZOOMING HOUSE
EXTRA FEATURES
iudt in C,111
I
Disposai
k,shw;tshe
Stnne & Oven MP.aSUred & Listed By Dare _ Area Comp. Priced Total
ALLEN APPRAISAL CO.
nalft CHAIN OF CUSTODY RECORD PAGE OF
MlGROBAC ENVIRONMENTAL LABORATORY, INC.
817 Castle Hayne St., Fayetteville, North Carolina 29303
Phone (91 W 864-1924 . Fax (9101 B64-9774
P.O. a
CUEW 14AME
a,10
I LOCATION
WATER COMPOSITE SAMPLING DATA
L�� Y t �� ov- 0 w
r
AUTOMATIC
DISCRETE BEGIN: so: YEW
SAMPLERS
(�)
$M13 REPORT TO: r
&d 9 L) C G A
L,✓ 11
PHONE (Q 1 p } c� 8(� _ 15 f
TIME OATS DATE TOTAL iidM
OONTINuOus TBE,_ Tom TECH
MICAOSAC DIVISION
Sample ChM
Sample Tamp.
Modal d Shpment:
a
Cheri Tamp.
•C
'C
Data Ttma
FLOW ROW FLOW
PROPORTIONED INTERVAL MLS 1 Sampb 0 s wglaa
LAB I.D.
SAMPLE ND.
SAMPLE DESCRPTM iLOCA m
COLLECTM
SAMPLE TYPE
NO.OF
CONfAa4ER
ANALYSfS REOLIESiED
DATE nMIE
cow I GRAB MMTRIx
AINERS
TYPE I
PRESERVATIVE
too
is rs
C QaC"� rV\. Ad
p ra � /Idt6LJl• -�so �1 .� Ie ld
:10P.�r
I
(
n
r
'K'1
I
`�
--
s�.t�-
4
r
Sir Cr e4k
(I
I
LQ
Po W�Ll 5
: 39 �. �.
IIAC
Rehnqu' )
Date
Tirne
ved by: (ftnalwa)
Date
Time
1
a %
3: or
.,.�.. 2
Relinquished by: (ftnaMm)
Oate
Tana
Received by: (Signature)
Date
Tune
3
A
Relinquished by: (Signatwe)
Date
Ttme
Received by: (SOW")
Date
Tune
5
6
Relinquished W. (Signatuwe)
Date
Time
Received by: (ftm we)
Time
e
%
8
Comments or Special Hazards:
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY ' NC #11
817 CASTLE HA�14E STREET NC #37714
FXfETTEVILLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (PAX)
AIR • FUEL WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS CERT #17920
CLIENT: NC DEM HATE REC'D: 10/25/96 SAMPLED. 10/25/96
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: K. Averitte
Fayetteville, NC 28301 DELIVERED BY: K. Averitte
CONTACT PERSON: Mr. Ken Averitte SAMPLE CODE: WW, Strew, Grab
ACCOUNT NUMBER: #KN003 - �- r REFERENCE:. Jones Famas - S~cvLland Cii.
SAMPLE ID: 1. Ditch * - ID #96WE106156
2. Upstream ** - ID #96WU106157
3. Downstream *+* - ID #96WD106158 DATA REVIEWED BY:
4. Runoff +*** - ID #96WE106159 DATE REPORTED: 10/.30/96
+++++++++++++++++++++++#++++++++++++1-+++444++4++--+++d--4.1-+4.A-++F++4-+a-+k44_+..Z44,4++-4,
ANALYSIS METHOD 1 2 3 4
COLIFORM, FECAL (per.100 ml) SM18 9222D 40000 <1 2000 41000
-A
COMMENTS: + W Ditch at property line, Essey Property
** = Upstream; UT to Bridge Creek
+++ = Downstream: UT to Bridge Creek
,Runoff ,€r9m� fie1i3; Jones Farm , .
-
< = Less than
> — Groater than
• ' fT
RECEIVED
Nov 4 0%,
. FAY ETTEV�U -2
PAGE 1 OF 1
The date and other information contained on this, and other a000mpanying documents, represent only the sample(s) analyzed and Is MEMBER
rendered upon the oonftan that It Is not to be reprodu ed wholly or In part for advertising or other purposes without written approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Cansuging Chemical and Microbiological Analyses and Research
Microbac Laboratories, Inc.
MICROBAC ENVIR014MENTA.L LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC; 23303
(910) 864-1920 J (9i6) 864-8774 (Fkk)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Ken Averitte
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Steer Crk Up - ID #96U106200
2. Steer Crk Dn - ID #96WD106201
3.
4.
NC 411
?fit•: 937714
V #3i$
WASTES
CERT 417922
DATE RECrD: 10/28/96 SAMPLED: 10/2R/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE.:- WW, Stream, Grab
REFERENCE: Jones Farms
DATA REVIEWED BY:42 c;;�
DATE REPORTED: 10/30/96
4,k* dr.+4k+k*F*+•k++4*4-,4+++}F+++++#++{++:•i+4+4+ 4,44++++i+4,+i•+kk4 4-#4+4 1, i"++k 4+iF 44 k- 1,*+ i.+i
ANALYSIS METHOD 1 2 3 4
+++++*++++++++++++++++++++**++*+++*++++++++++++++++++++++++++}++++++*+++*+++++++++++++++*+
'COLIFORM, FECAL (per'100 ml) SM18 9222D 9 10000
COMMENTS: < = Less than
3 = Greater than
i
tr
C AGE 2 Or 2
f
RIECEIVE6
Nov 4 0
Myl
X"- F. McMia-A0
The data and other Information oontalned on this, and other accompanying doc u--, represent only the sample(s) anstpW and is MEMBER
rentbred upon the cortdibon tfrat it is not to be reproduced wholly or in part for advertising or other purposes without written Approval
Wen the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microblologioal Analyses and Research
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABOPATORY 14C ##11
817 CASTLE HAYNE STPE£T NC ##37714
FAYETTE-VILLE, NC 28303 USDA #f3787
(910) 664--1920 / (910) 664-6774 (FAX)
AIR FUEL WATER FOOD • WASTES
CERTIFICATE OF ANALYSIS CERT #E18096
CLIENT: NC DENS DATES REC'D: 11/14/96 SAMPLED: 11/14/96
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: K. Averitt.e
Fayetteville, NC 28301 DELIWRED BY: K. Averitte
C014TACT PERSON* Mr. Ken nVtiritte SAMPLE 000'E: lvirv, Stream, Grab
ACCOUNT NUMBER: 4I003 ' ` +F.EFERENCE: Steer Creek; Jai>as', Farm
SAMPLE ID: 1. Upstream of farm - ID #96WU116537
2. Downstream of farm - ID #96WD116538
3, DATA REVIEWED BY,
4. DATE REPORTED: 1 1/20/96i
+*#++***+*+*+*++****++++++**+++*#+#*+#+##++##++#*#+*## +,+**#+*++i-+4, + +++++**++#k*+k 4,+*+*+
ANALYSIS METHOD 1 2 3 4
COLIFORM, FECAL (per 100 ml) rSM18 9222D 18 36
COMMENTS: d = -mess than
> = Greater than
r,
v . . « C
'AGE 1 OF 1
The data and other Information contained on this, and other accompanying documents, represent only the sampla(s) analyzed and is M E M B E R
randered upon the oonchon 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
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE HAYIIE STREET 1IC 937714
FAYETTEVILLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (FAX)
AIR FUEL WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS CERT #18094
CLIENT:
NC DEM
DATE REC'D: 11./15/96 SAMPLED: 1.1/1.5/96
ADDRESS:
Wachovia Building,
Suite 714
SAMPLED BY: R. Revels
Fayetteville, NC
28301
DELIVERED BY: R. Revels
i� :U14TACT
PERSON:
Mr. Ricky
Revels
aAMP.LE CODE, , '4?;, Stream, Graff, •,
.Revels.
; , ,
ACCOUNT
NUMBER:
#KN003
REFERENCE: Steer Creek; Janes' Fiarm
SAMPLE Ill:
1.
Up -stream of
farm - ID
#96WU116358
2.
Downstream
of farm -
ID #9EWP116559
3.
DATA REVIEWED BY:
4.
DATE REPORTED: 11/20/96
} # + + } + *4 } 44 # + + + } } } + + + } } } i + } 4 + + } + + i + } + + i + -k + + it + + + } + ti� + 4. + +-i # + # i i + i # + + i + + # # + i i + # } + } } } + + A. + # { ; -F -k +
ANALYSIS METHOD 1 2 3 4
++++++++++++++++++++++++++++++++++++++.++++++++++++++++++++++++++++++++++++++#+*++++++#++++
COLIFOP,M, FECAL (Derr 100 ml) 5M18 9222D 4 5 '.-
COWENTS: < = Less than
? = Greater than
r
PAGE 1 OF 1
The data and other ilgonnation contained on ttft and other accompanying documents, represent only the sample(s) analyzed and is MEMBER
rendered upon the condition that it is not to he reproduced %toNy or in part for advertising or other purposes without Wr ttan approval
trom the Laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Cbsmical and Microbiological Analyses and Research
n
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABOPATORY NC #11
917 CP.STLE H YNE HREET NC fE~17714
FAYETTEVILLE, NC 28303 USDA#3787
(910) 864--1920 / (910) 864--8774 (FAH)
AIR • FUEL • WATER o FOOD WASTES
CERTIFICATE OF ANALYSIS CERT #18095
CLIENT:
NC DSM
DATE RECtD: 11./18/96 SAMPLED: 11/18/96
ADDRESS:
Wachovia Building,
Suite 714
SAMPLED BY: R. Revels
Fayetteville, NC
28301
DELIVERED BY: R. Revels
CONTACT
t�[S!�•SVIy:•,. J%)i.W J i4ki&6._
#ccay.�l5„ I
7 o4tsi�rJim t'aii)r4 w'HT, Sireaiu, vtctLj �
ACCOUNT
NUMBER: #KN003
REFERENCE: Steer Creek: Jories' Farm
SAMPLE ID:
1. Upstream of
farm - ID
##9EWEJ116583
2, Downstream
of farm —
ID #96WD116584
?i,
DATA REVIEWED BY:�.,
4.
DATE REPORTED: 11/20/96
k+k*++++k}kAiA+ii4dr#A*+L-k+-Y++-k+k P4,k++++AkI++*4, k+4-k+4kki- + k 4 4+4AA-3,1-414, k++i+++4- +
ANALYSIS METHOD 1 2 3 4—
*+++*++++++ +++*++++*+**+**+*++++*r+*++*+*+++***+r+*+++#++++;*+++++++++*+++*+*++
COLIFORM, FECAL (per 100 ml)
COMMENTS: < = Less than
> = Greater than
SM18 9222D 3 <1
PAGE 1 OF 1
The date and other Informellan cornalned on thha, and other aaompenying documents, represent only the sample(s) analyzed and is MEMBER
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 Microbialogical Analyses and Research
i
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE �1AYNE STREET
FAYETTEVILLE, NC 28303
(910) 864-1920 / (910) 864-B774 (FAX)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS -
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 26301
CONTACT. PER,SQN:._..MX� ...... E.,,Buchon Y .'4
ACCOUNT 14UMBER: #h'4003
SAMPLE ID: 1. Ditch @ Prop. Line- ID #96WE11671E
2. Upstream -- ID #96WU116717
3. Downstream - ID #96WD116718
4.
NC #11
NC #37714
USDA #13787
• WASTES
{:ERT #18178
)
DATE REC'D: 1.1/22/96 SAMPLRD: 1.1/22/96
SAMPLED BY: E.- Buchan
DELIVERED BY: E. Buchan
..$AMPLE COD&:, V11 Stream, Grab" -
REFERENCE: Jones Fauns
DATA REVIEWED BY: /y +
DATE REPORTED: 11/25/96
- i++++++4*4++4,44,4-+*#+++++++++++i-+++++++.***++-k4+-k++i+++++s+++++++++++#+i+++-}+44, 4++-k++++i
ANALYSIS METHOD 1 2 3 4
COLIF'ORM, FECAL (per 100 ml) SM18 9222D 7200 L9 153
COMMENTS: = Le s s ". tNa tt
' 3 ` Greater' than
4
PACE ], OF 1
The data and other informallon contained on this, and other accompanying document, repnasent only the sampla(s) analyzed end Is M E M 8 E R
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-NIOSN Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
OPERATIONS BRANCH - WQ l= ax : 919-715-6048 fear 18 ' 97 13 :05 P. 04f06
STATE OF NORTH CAROLWA
COUNTY OF SCOTLAND
IN THE MATTER OF
C.L. JONES ESTATE, TNC.
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE SECTIONS
143-214.1
143-215.1
AND
15A NCAC 2B.0211
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DV 96-020
}
FINDINGS AND DECISION
} AND ASSESSMENT OF
} CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,1, A_ Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A_ The C.L. Jones Estate, Inc. is a corporation duly organized and existing under the
laws of the State of North Carolina and operaws an animal feeding operation located .
off SR 1621, near the conirnunitics of Hasty and Johns in Scotland County, North
Carolina. This operation is known as the Carl Jones Farm.
B . On October 25, 1996, DWQ staff observed a discharge of wastewater from the animal
waste land application system at the Carl Jones Farm entering a ditch and flowing into
Steer Branch.
C. On October 28, 1996. DWQ staff observed a discharge of wastewater from the animal
waste land application system at the Carl Jones Farm entering a ditch and flowing into
Steer Branch.
D. Steer Branch is classified as "C-Swamp" waters of the State within the Lumber River
Basin.
E. The Water Quality standard for fecal coliform permits a maximun geometric mean of
200/100 ml in a membrane filter test, based upon at least five consecutive samples
during any 30 day period, with a maximun of 400/100 ml in no more than 20 percent
of the samples examined during such period.
F_ DWQ collected samples for fecal coliform analysis from Steer Branch on October 25
and 28, 1996 and on November 14, 15,18, and 22, 1996,
G_ Results of the fecal coliform samples indicated a geometric non of 90.5/100 ml
sample. Of the samples collected, the downstream concentration exceeded 400/100 rrtl
in 33 percent of the samples collected.
H. The cost to the State of the enforcement procedures in this matter totaled SI,577.71..
Based upon the above Findings of Fact, 1 make the: following:
OPERATIONS BRANCH - WQ Fax:919-715-6048 Mar 18 '97 13:05 P.05/06
I1, CONCLUSIONS OF LAW:
A. The C.L. Jones Estate, Inc. is a "person" within the meaning of G_S. 143-215.6A
pursuant to G.S_ 143-212(4).
B . Steer Branch 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 discharges 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.
E. The C.L. Jones Estate, Inc. 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 per violation may be assessed against a person who but fails to apply
for or to secure a permit required by G.S. 143-215.L
F. General Statute 143-215.6A(a)(1) provides that a civil penalty of not more than ten
thousand dollars per violation per day may be assessed against a person who violates
any classification, standard, limitation, or management practice established pursuant to
G. S. 143-214.1, 143-214.2, or 143-215.
F. The State"s enforcement costs in this matter may be assessed against The G.L. )ones
Estate, Inc_ pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, 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, The C.L. Jones Estate, Inc. is hereby assessed a civil penalty of. -
for snaking an outlet to the waters of the State on October 25„
1996 in violation of NCGS 143215.1(a) (1).
$ for masking an outlet to the waters of the State on October 28„
1996 in violation of NCGS 143.215.1(a) (I).
$ for violation of the water quality standard for fecal coliform in
violation of G.S. 143-214.1, G.S. 143-215.1, and 15A
NCAC 213 .0211(3)(e).
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 1577.71 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.I43B-282.1(b), which are:
OPPRAT I ONS BRRWN - WO l= ax : 919-715-6048 hear 18 ' 97 13 : 06 P. 06/06
(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 costof 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 prograrns over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
A. Preston Howard, Jr., P.E., Director
Di,Asion of Environmental Management
State of North Carolina
? Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
November 26, 1996
Mr. Ray Jones, President
C.L. Jones Estate, Inc.
Carl Jones Farm
P.O. Box 1663
Laurinburg, North Carolina 28353
Dear Mr. Jones:
�16! -r-O
SUBJECT: NOTICE OF VIOLATION and
Recommendation for Enforcement
Carl Jones Farm, Reg. No. 83-12
Near Johns, Scotland County
On the evening of October 25, 1996, staff of the Fayetteville Regional
Office investigated a complaint alleging that animal waste from the Carl Jones
farm was being discharged into the waters of Steer Creek, near the Johns
community in Scotland County. It was apparent at the time of the visit that
an excessive volume of lagoon waste had been land applied, resulting in
overland flow and a substantial amount of runoff. This waste material entered
a drainage ditch and flowed into Steer Branch, class "C-Swamp" waters of the
State.
Regional staff returned to the farm on Monday, October 28, in order to
contact the farm owner or manager and discuss the unpermitted discharge. On
arrival, it was discovered that lagoon waste was again being applied on the
same saturated field observed at the time of the previous visit. As noted
before, waste was flowing overland, entering the drainage ditch, and
discharging into Steer Branch. Staff members were eventually able to locate an
employee of the farm and recommend that the irrigation pump be shut down. It
was also recommended that measures be taken to eliminate further runoff of
waste from the field.
Contact whe finally made with the management of the Carl Jones farm on
Wachovia Building, Suite 714, Fayetteville NED
FAX 910-486-0707
North Carolina 28301-SM An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper
Mr. Carl Jones
November 26, 1996
Page 2
the following day, October 29. Alex and 8d Jones met with Regional office
staff and discussed the circumstances leading to the discharges as well as the
possible outcomes.
As a registered confined animal feeding operation (CAFO), this farm has
been deemed permitted by the Division of Water Quality in accordance with
Title 15A of the North Carolina Administrative Code, 2H, Rule ;0217. An
individual non -discharge permit is not required if certain criteria are met. A
major requirement to be deemed permitted is that there must not be a discharge
of any wastewater from the operation to the waters of the State. Due to the
above mentioned discharges of animal wastes into such waters, your facility is
found to be in violation of its 2H.0217 Permit.
As a result, this office is preparing a recommendation to the Director of
the Division of Water Quality to proceed with revocation of your deemed
permitted status.
By allowing a discharge of animal waste to waters of the State, you have
also violated sections of N.C. General Statute 143-215.1(a), which states in
part.,
"No person shall do any of the following things or carry out any of the
following activities until or unless such person shall have applied for
and shall have received from the Commission a permit therefor and shall
have complied with such conditions, if any, as prescribed by such permit:
(1) Make any outlets into the waters of the State;"
Item (6) of this Statute also prohibits the discharge of waste which will
result in "violation of the water quality standards applicable to the assigned
classifications...". The stream standard for fecal coliform density was
exceeded in Steer Branch as a result of each of these discharge events.
The purpose of this letter is also to advise you: (1) To cease all
unpermitted discharges of waste from your facility, (2) To take immediate
action(s) to prevent discharges in the future, (3) That a report will be
forwarded to the Division of Water Quality Compliance Group detailing the
violation of NCGS 143-215.1 and including recommendations for enforcement
action, and (4) That recommendations will be forwarded to the Director of the
Division of water Quality for the revocation of the "Deemed Permitted" status
of your facility.
It is also suggested that you submit an approved certified animal waste
management plan to this office within 60 days of receipt of this letter. This
plan should also include a description of measures to be implemented in order
to ensure that no further discharges occur. we urge you to contact the
Scotland County Natural Resources Conservation Service at (910) 277-2422 for
additional information regarding a certified waste management plan. Such a
plan will be a required by the Division Director prior to reconsidering this
farm for coverage under the deemed permitted provision of the Rule.
fl
Mr. Carl Jones
November 26, 1996
Page 3
Your prompt attention to these matters will be taken into consideration
in the forthcoming enforcement report.
Should you have questions concerning this matter, or if this office can
be of assistance, please contact either Mr. Michael Wicker, Water Quality
Regional Supervisor, Mr. Ed Buchan, Environmental Engineer, or Ken Averitte,
at (910) 486-1541.
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTS/ka
cc: Sue Homewood
Hurt Cofer, Scotland Co. Agricultural Extension Service
Chris Walling, DSWC, Fayetteville
Ed Holland, DC, Scotland Co. MRCS
1--17-1997 10-32AM FROM SCOTLAND"CO"GOVMEN7 9102772d11 P_1
' Y ,
�- North Carolina
Cooperative Extension Service
NORTH CAROLINA STATE UNIVERSITY
COLLEGE OF AGRICULTURE & LIFE SCIENCES
Scotland Center*231 Ea6t Cronly, Suite 800,Laurinburg, N.C.28352*910/277-2922
RECEIVED
ED
AN 171"71
FAYETTEVILLE
REG. OFFICE
Post-iC Fax Mote 7671
oats On
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To a
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Co./Dept. w
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TO: ED BUCEAN - DIVISION OF WATER QUALITY
FROM: BERT COFFER - AREA LIVESTOCK AGENT - NCCES
RE: C.L. JONES FARM WASTE UTILIZATION PLAN - SCOTLAND CO.
DATE: JANUARY 17, 1997
This is to inform you that I, as a Certified Technical
Specialist, have been working with the owners/operators of the C.L.
Jones swine farm on completing their waste utilization plan. They
have been very cooperative in providing the needed information to
certify the plan. Presently the lagoon capacity and waste
utilization sections are complete. The farm has sufficient land to
utilize the waste at agronomic rates while maintaining the lagoon
at the required level. The plan is written with hybrid bermuda
-turf as the main crop with 1.5 harvests per year/acre. Annual rye
will also be overseeded to allow winter pumping. The rye will be
harvested as sod or hay and removed from the farm depending on
available market. A maximum application rate of .75 inches/hour
and a max total application volume of -50 inches has been
established based on soil type and infiltration rate. Through
research and input from NCSU turf specialists an.agronomic rate of
1201bs. N/acre per crop cycle has been established for the turf.
Those acres that are harvested twice in one year will receive
170lbs N/acre. The rye will receive less than the agronomic rate
due to available volume at that time of year. A pumping schedule
and running lagoon volume chart have been included in the plan.
The only task that remains is to verify the suitability of the
irrigation equipment and certify that portion of the plan.
Calibration of the equipment and the measuring and laying out of
travel lanes for the hose drag irrigation gun will be done within
the next two weeks.
If you have any questions or concerns regarding this plan you
can contact me at 910-997-8255.
Employment and program opportunities• are offered to all people regardless of race, Color. national origin, sex, age, or disability.
North Carolina state University_ worth Carolina A(Q:T State University, U.S. Department of Agriculture, and local government.% empuating,
1-9bblo
Date: June 8, 1997
To: Mr. Steve W. Tedder
Water Quality Section ChiefIDWQ
P.O. Box 29535
Raleigh, NC 27626-0535
From: C. L. Jones, Jr.
C. L. Jones Estate Farms, Inc-
P. O. Box 1663
Laurinburg, NC 28353
JUN
PvA r L��
SFCTIQt Y
Subj: Your letter dated May 27, 1997 -"Assessment of Civil Penalties for Violation NCAC 211.0217"
Dear Mr. Tedder:
We are in receipt of the subject letter. Please find attached the executed copy of the Waiver of Right to an
Administrative Hearing and Stipulation of the Facts form.
The purpose of this letter is to request and justify leniency on the magnitude of the assessment and to
request your consideration for steps we have taken to avoid reoccurrence of an accident of this type in the
future.
First of all, C. L. Jones Estates Farms, Inc. is a family owned business. We initiated steps five years ago to
become a contract hog grower for Carroll Foods because we thought it would provide a better return on
investment than the crops we were growing. With payment of the loan plus upkeep of the houses and
r facilities we are not Yet breaking even; Once the loan is paid off the investment will hopefully begin to
a C ; JeT o r produce a profit, but, that will happen only if we can maintain the facility in good working order.. We t j
T
,..,have another three years before the loan will be paid. My message is - We cannot afford a $5000 plus - 6o tZ
assessment. it would be devastating to our operation.
�HMO or_tn}Rs v✓mi��rf��c g,,✓����6 cT^Q � �3
Secondly, the incident which caused the illage was an accident. It was a situation where a sprayer's'^5
malfunctioned causing an excessive punt of wastewater to be concentrated on to one area. The
inexperience of the person monito •ng the sprayer was a key reason for the accident. Since the problem
occurred we have taken the following steps:
• Finai ttendance of our Operations Manager at the Environmental Training Chars-,!�'
• Provided in-house training and awareness on the environmental requirements on the farm
• Established a consultation relationship with DEHNR representatives in FayettevilleL---- o^ 01*4- 'Al Jt
• With the assistance of our Extension Agent, produced and submitted a detailed plan on applying 1%,% � �s s f
lagoon waste during the vari- s p seasons denoting nutrient and h draulic rates. This{ tan is now
being executed. �.o ��aSe-� 041 GOe... �S1r�C! J Ala.
• Acquired a lease on an add tional acres which now has irrigation installed and is undergoing
preparation and planting as an added area for dispensing of nutrients from the lagoon.
• Modified our sprayers with new nozzles to conform to the dispensing rates described in the plan
In summary, we are a family owned business trying to pay off a huge debt and, hopefully, become a profit
maker for the family one of these days. We are certainly environmentally conscious because we drink the
same water ftoPmthe underground pumps located in close proximity to the lagoon that the pigs do. An
he —unfortunate acciden occurred in October of last year that we certainly regret. We have taken steps that
h--should-a`veranaJccident of this type from happening again. An assessment of the magnitude disclosed in
�Rvr your letter would be devastating to our operation. We hope that you give serious consideration to our
requests.
Please direct anVetonr iss on this to a the address above or 910-594-6617. � Vto
/See at ac - 9 96 Tax Return juN 12 1997
FACILITIES ASSESSN04T UNIT
State of North Carolina
Department of Environment, L
Health and Natural ResourcesAg4
Division of Water Quality
James B. Hunt, Jr., Governor Q H N 1--
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E.; Director
Attn.: Carl L. Jones Jr.
C. L. Jones Estate Farms, Inc.
P.O. Box 1663
Laurinburg, NC 28353
Dear Mr. Jones:
June 27,1996 RECEIVED
JUL 0 31991
FAYETTEVILLE
REG. OFFICE
Subject: Remission Request of
Civil Penalty Assessment
C. L. Jones Estate Farms, Inc.
Scotland County
DV 96-020
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581.
Robert L. Sledge, Supervisor
Compliance Group
cc: Fayetteville Regional Office w/attachments
Enforcement/Co mphance
Linda Forehand w/3 attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper
bb�
Date: June 8, 1997
To: Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, NC 27626-0535
From: C. L. Jones, Jr.
C. L. Jones Estate Farms, Inc.
P. O. Box 1663
Laurinburg, NC 29353
Subj: Your letter dated May 27, 1997 --Assessment of Civil Penalties for Violation NCAC 2H .021T'
Dear Mr. Tedder:
We are in receipt of the subject letter. Please find attached the executed copy of the Waiver of Right to an
Administrative Hearing and Stipulation of the Facts form.
The purpose of this letter is to request and justify leniency on the magnitude of the assessment and to
request your consideration for steps we have taken to avoid reoccurrence of an accident of this type in the
future.
First of all, C. L. Jones Estates Farms, Inc. is a family owned business. We initiated steps five years ago to
become a contract hog grower for Carroll Foods because we thought it would provide a better return on
investment than the crops we were growing. With payment of the loan plus upkeep of the houses and
facilities we are not yet breaking even. Once the loan is paid off the investment will hopefully begin to
produce a profit, but, that will happen only if we can maintain the facility in good working order.. We
have another three years before the loan will be paid. My message is - We cannot afford a $5000 plus
assessment. It would be devastating to our operation.
Secondly, the incident which caused the spillage was an accident. It was a situation where a sprayer
malfunctioned causing an excessive amount of wastewater to be concentrated on to one area. The
inexperience of the person monitoring the sprayer was a key reason for the accident. Since the problem
occurred we have taken the following steps:
• Financed attendance of our Operations Manager at the Environmental Training Class
• Provided in-house training and awareness on the environmental requirements on the farm
• Established a consultation relationship with DEHNR representatives in Fayetteville
• With the assistance of our Extension Agent, produced and submitted a detailed plan on applying
lagoon waste during the vari,eis crop seasons denoting nutrient and hydraulic rates. This plan is now
being executed.
• Acquired a lease on an additional 90 acres which now has irrigation installed and is undergoing
preparation and planting as an added area for dispensing of nutrients from the lagoon.
• Modified our sprayers with new nozzles to conform to the dispensing rates described in the plan
In summary, we are a family owned business trying to pay off a huge debt and, hopefully, become a profit
maker for the family one of these days. We are certainly environmentally conscious because we drink the
same water from the underground pumps located in close proximity to the lagoon that the pigs do. An
unfortunate accident occurred in October of last year that we certainly regret. We have taken steps that
should avert an accident of this type from happening again. An assessment of the magnitude disclosed in
Your letter would be devastating to our operation. We hope that you give serious consideration to our
requests-
- r�
Please direct an estions or iss on this r to a the address above or 910-584-6617. �
rrtutl
�e at ac at A — 996
'Pax Return
UN 1 2 1997
.—._, ... ..rr. n• Ask tY 9 IKIIT