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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 &LT.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. r rcna_Faa.Nir t%%H Tnclinn Fend Smite w C.~istp ChwkW end IrGr dmbgical Analyses end Reseat'dt 1 � E ie �I •ram• q ' � •�. � �•� �� 4 .a �' _ F ` � � � �j fly 1 C � •1 � � �7 � ,� �i .l IS A 4c jji I L 4 1 'WIN 4A 1,4 T j= son di w no 4 105:� I.- ce r; to w L/4 11 all > 41 ""'o Iv i#IF If T I I 141 V ICY 7��-- lo! $4 �; f A, j-5 t4/1 'CA Iq vo I cud NANA W"A U P 4 1 1 1 �J L/ . i_ * -b V/ f\ 4 % 1c, 4h, th UN A _Cj IN. irk 010 .70 -%j�x.:- _4 42;1 qy�r: rs zi • �4 lu dpj ac �:"ate' ""§" a, t r ^(' .r- - «r 1- _.�• R -.. y� � _ - - . .t�f _-3�P7R "S' N. 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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 ?;�� � �.1 , �., � 4 W; Im "I ```x 5ss 4 s n,< wn` t $ s$ Y y fik 3 �y� , ,g N "„� � fi r ���„ � � ��, `` < .�,.�,>„dry bh}, � > + 3 7 043 s { <, L " zt yJ {` 5 2<} K J�{{ r} s x� t >{ ' } 2 8 7 3 4 1 7 5 0 0 17 5 0 0 2 8 7 2 7 4 5 41 4 ( 41 780 6 8 5 3 0 6 9 0 4 2 0 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. _Gd r3,l,4,,,,,------------ raw C-------------------- �x6_ rsy1----- 1��e✓/s----------- � ------------------------------------- �orv�5 ,ge-s CG ,��m - ___ _ r , _ _ --------------- --- ------------ ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- -------------- --SN --------------------- t-------- 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 �Sf To a F-m Co./Dept. w CO - Phone$ l--1S�f/Phone#r'i/ - �2 Fax aod 0. Fax r / 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