820086_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

I
K;
Water Resources
Environmental Quality
RECEIVED
DEQ/DWR
JUL 31 2017
WQROS
FAYETTEVILLE REGIONAL OFFICE
July 27, 2017
Sheriff Jimmy Thornton
Sampson County Sheriff's Office
112 Fontana St.
Clinton, NC 28328
Attn: Civil Division
Subject: NOTICE OF SERVICE
Bryan McLamb
Dear Sheriff Thornton:
Please serve the attached Notice of Violation/Notice of Intent to Enforce as follows:
Bryan McLamb
B&L Farms
2231 Hollerin Road
Dunn, NC 28334
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
It is our understanding that because we are a State agency, no fee is required for this service. Please
return the completed Return of Service form in the enclosed return envelope.
The Division of Water Resources appreciates this assistance from your department. If you have
any questions or need additional information, please contact me at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Enclosures
cc: Fayetteville WQROS Supervisor
WQROS Central Files (Permit No. AWS820086)
`N(Ahing Compares'----
State
ompares----State of North Carolina j Environmental Quality I Division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

. . j
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
with the document(s) was served as follows:
Date Served:
Designated Recipient: Bryan McLamb
Place of Service: 2231 Hollerin Road
(fill in address) Dunn, NC 28334
U-0
(Served Officer)
Check one of the following:
2017, and together
By personally delivering copies to the named individual;
By leaving copies of the Notice and original letter at the named individual's dwelling, house or place
of business with a person of suitable age and discretion then residing therein. Name of the person
who the copies were left:
If not served to the named individual, please state the reason why:
Sampson County Sheriff
(Sheriff Signature) (Date)
Service Fee Paid
Please return this form to:
Miressa D. Garoma
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Paid By

Water Resources
Environmental Quality
RECEIVE
DEQIDWR
MAR 16 2011
WQROS
FAYETTEVILLE REGIONAL OFFICE
March 13, 2017
CERTIFIED MAll.
RETURN RECEIPT REQUESTED
Bryan McLamb
B&L Farms
2231 Hollerin Rd
Dunn, NC28334-8334
Subject: Notice of Deficiency
B&L Farms
Permit Number AWS820086
Sampson County
Dear Permittee,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T A 105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstandins Fee $)
2014PR008781
11/6/2014
180
Failure to pay the fee accordingly may result .in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd-
- �Nothing Compares
State of North Carolina I EnvironmenW Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center { Raleigh, North Carotin 27699-1636
919-707-9129

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
D&, J. CJA-r
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820086)

Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bryan McLamb
B&L Farms
2231 Hollerin Rd
Dunn, NC28334-8334
Dear Permittee,
EGEIVELj
DEO1DI,JV
FL820,.;;,I
WOROS
�AYETTEVi1.LE QFri0NAl OFFICE
February 14, 2018
Subject: Notice of Deficiency
B&L Farms
Permit Number AWS820086
Sampson County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
invoice Number
Due Date
Outstanding Fee $
2017PR009076
11/6/2017
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd -
—Nothing Compares?
State of North Carolina I Environmental Quality } Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleizb, North Carolina 27699-1636
919-707-9129

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820086)

T- ' It
Water Resources
ENVIRONMENTAL QUALITY
March 17, 2016
CERTIFIED MAIL - #7015 1520 0000 7837 0118
RETURN RECEIPT REQUESTED
Bryan McLamb
B & L Farms
2231 HolIerin Rd
Dunn, NC 28334
Dear Bryan McLamb:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 82-0086
Sampson County
Enforcement File No. PC -2016-0026
Direclor
This letter transmits notice of a civil penalty assessed against Bryan McLamb in the amount of $90.00, and
$116.00 in investigative costs, for a total of $206.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $180.00. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
State of North Carolina j environmental Quality I Water Resources
Rater Quality Regional Operations Section
1636 Mail ,4r% ice Center I Raleigh. North Carolina 27o"-1636
9199076464

f t
Assessment of civil penalty
Bryan McLamb
Enforcement 4 PC -2016-0026
Page 2 of 4
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In deterinining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty wilt prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

,j
Assessment of civil penalty
Bryan McLamb
Enforcement #f PC -2016-0026
Page 3 of 4
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) = provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sanri M. Hayes, General Counsel
DEQ
.1601 Mail Service Center.,
Raleigh, NC -27699.11601'1
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Payment of Overdue Fees
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DVM regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number
Due Date
Outstanding fee ($
2014PR008781
11/6/2014
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $180.00. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617

Assessment of civil penalty
Bryan McLamb
Enforcement # PC -2016-0026
Page 4 of 4
Jr
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Gamma at [phone].
Sincerely,
l
Jon Risgaard, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments
File # PC -2016-0026 w/ attachments
WQROS Central Files w/ attachments
Sampson County Health Department RECEIVED
DEQIDWR
MAR- 2 2 2016
WO -ROS
FAYETfEVILLE RC:;iGIv,%L, :OFFICE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
BRYAN McLAMB
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG 100000
AND 15A NCAC 2T.0 I 05(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -2016-0026
J
}
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), 1, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Bryan McLamb owns and operates B & L Farms, a swine animal feeding operation in
Sampson County.
B. Bryan McLamb was issued Certificate of Coverage AWS820086 under General Permit
AWG100000 for B & L Farms on October 1, 2014, effective upon issuance, with an expiration
date of September 30, 2019.
C. 15A NCAC 2T.0 I 05(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.313(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to
Bryan McLamb for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
1
Outstanding Fee (S)
2014PR008781
11/6/2014
180
E. On April 15, 2015, a Notice of Violation (NOV)/Notice of Intent to Enforce (NOI) was issued
to Bryan McLamb, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual
administering and compliance fee within thirty days of being billed by DWR.
F. The NOV/NO] was sent by certified trail, return receipt requested and received on April 22,
2015.
G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.

H. The cost to the State of the enforcement procedures in this matter totaled $116.00
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Bryan McLamb is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to
N.C.G.S. 143-212(4).
B. Bryan McLamb violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering
and compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S.
143-215.1, or. who, violates or fails. to act in accordance- with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143-215.1.
D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 14313-282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Bryan McLamb is hereby assessed a civil penalty of-
For
f
For the violation of 15A NCAC 2T A105(e)(2) by failing to pay the annual
administering and compliance fee for 2014.
o.
$ 70 TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A.
$116.00 Enforcement costs
$ �0 v TOTAL AMOUNT DUE
percent of the maximum penalty
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.1(b),
which are:

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The'prior record of the violator in complying or failing to comply with programs aver which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reservc the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a^maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Bryan McLamb, in
accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Jon Risg d, Chief
Water lity Regional Operations Section
Division of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Bryan McLamb
County: Duplin
Case Number: PC -2016-0026
Permit Number: AWS820086
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
None.
2) The duration and gravity of the violation;
To date, the permittees has_failed to pay the.following overdue annual administering and
compliance fees:
Invoice Number
Due DateOutstandin
Fee ($
2014PR008781
1116120144
180
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $180.00.
5) The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $180.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOV) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both willful and intentional.
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
April 2015 NOV for failure to pay annual fee for 2014
8) The cost to the State of the enforcement procedures.
$116.00
l
36-7
Date n Risg
rev 1.0 - 8.31.04

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
BRYAN MCLAMB
PERMIT NO. AWS820086
DEPARTMENT OF ENVIRONMENTAL QUALITY
} WAIVER OF RIGHT TO AN
} ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC -2016-0026
Having been assessed civil penalties totaling $206.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, March 17, 2016, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2016

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC -2016-0026 County: Dalin
Assessed Party: Bryan McLamb
Permit No.: AWS820086 Amount assessed: $206.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in_NCGS 143B -282.1(b were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
_future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation tivas unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining; necessary
remedial actions (i.e., explain how payment of ' the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem, req.

��
HCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bryan McLamb
B&L Farms
2231 Hollerin Rd
Dunn, NC28334-8334
Dear Permittee,
Donald R. van der Vaart
Secretary
April 15, 2015 RECE V ED
APR 1"7 2015
DENR-FAYETTEVILLE REGIONAL OFFICE
Subject: Notice of Violation/Notice of Intent to Enforce-
B&L Farms
Permit Number. AWS820086
Sampson County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter
dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to
your facility has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstandin ■ Fee ($)
2014PROO8781
11/6/2014
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within
thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not
snore than $25,000 per duty per violation against any "persons' �vliu viulatcs or fails to act ici accordaucc
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it
is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
Donald
contd-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] l Internet'. hftp:ttwww.ncwateT.org
An Equal Opportunity 4 Affirmative Action Employer— Made in part by recycled paper

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. if you have any questions concerning this Notice, please contact the Animal Feeding
Operations Branch staff at [phone].
Sincerely,
a2�'q' )'U*)
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS820086)

RECEIV®IDENRIDWR
Water Qua* Regbnal
��� FEB 12 2015
NCDENR ' °��
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 27, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bryan McLamb
B&L Farms
2231 Hollerin Rd
Dunn, NC28334-8334
Subject: Notice of Deficiency
B&L Farnis
Permit Number: AWS920086
Sampson County
Dear Permittee,
Donald R. van der Vaart
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The following invoices are outstandine:
Invoice Number
Due Date
Outstanding Fee (S)
2014PR008781
11/6/2014
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may
issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources -- Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636
contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: hap:llw m.ncwater.org
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If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
'0'bs '� '("'�
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820086)

DENFR-FRO
MAR 19 2011
BARWICK AG SERVICES, LLC DwQ
103 Country Club Circle
Clinton, NC 28328
March 16, 2012
North Carolina Division of Aquifer Protection
Attn: Mr. Robert Marble
225 Green Street
Suite 714
Fayetteville, NC 28301
Dear Robert,
Please find enclosed updated Waste Utilization Plans for B & L Farms (82-86) and Tommy
Tyndall (82-173).
For B & L, fields 2 & 3 were added and all fields are now row crops.
For Tyndall, all fields except 9 are now row crops.
If you need further information regarding this please call me at 910 385-1000. Thank you for
your attention to this matter.
Sincerely,
Curtis Barwick

March 8, 2605
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
SDC Farms, LLC
PO Box 128
Dunn, North Carolina 28335
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
SDC Farms
Facility No. 82 - 86
Sampson County
Dear Mr. Carroll:
Michael F. Easley, Govern.
William G. Ross Jr.; Secretai
North Carolina Department oFEnviroruncw and Natural Resourec
Alan W. Klimek. P.E. Direct,
Division of Water Qualit
You are hereby notified that, having been permitted to have a Non -discharge General Permit for the subject animal
waste disposal system pursuant to North Carolina General Statutes 143 - 215, you have been found to be in
violation of your General Permit.
On March 8, 2005, staff from the Fayetteville Regional Office of the Division of Water Quality inspected SDC Farms
facility 82 - 86 during a routine inspection. The DWQ Inspector discovered evidence of a waste release from the
confinement houses. At the time DWQ staff found evidence that waste had exited and then accumulated into a
ditch bordering that side of the confinement houses. Here the waste mixed with freshwater that was standing in the
ditch prior to the waste introduction. The farm manager was informed and immediately began to try and formulate a
containment and recovery plan. The ditch had no outlet and the waste/freshwater mixture was recovered using mud
pumps, buckets, and a trachoe. The waste was pumped back into the lagoon over the next two days after cleanout
of the outlet lines had been completed. The waste did enter the ditch and mix with waters of the state.,Subseduent
follow up documented a completed clean up with minimal potential adverse environmental impacts observed.
During the DWQ inspections, the following violations were noted:
Violation 1: Any discharge of waste that reaches surface waters is prohibited. Contained in your General
Permit and CAWMP ( Permit No. AWS820086, Required Specifications For Animal Waste
Management #1.)
On March 8, 2005, waste from a plugged outlet line of a confinement house exited and accumulated in
the adjacent bordering ditch. This resulted in the waste mixing with fresh water already in the ditch. Your
General Permit states 'waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyances, direct application, direct discharge or through ditches not otherwise classified as state
waters. Any discharge of waste that reaches surface water is prohibited. This constitutes a violation of your
Permit.
lJanttG
.Vatm
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.mus i12 N. Salisbury St. Raleigh, NC 27604 FAX [phone].623-6748
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I
SDC, LLC
03-08-05
Page 2
Required Corrective Action for Violation 1:
In regards to this point, farm management reacted to mitigate the release and recover as much waste as
possible_ The waste treatment system was inspected point by point to segregate and correct the cause of
the release.
Violation 2: Required Specifications For Animal Waste Management of Permit No. AWS820086's Nutrient
Management Plan For Animal Waste Utilization # 19. Waste handling structures, piping,
pumps, reels, ect should be inspected on a regular basis to prevent breakdowns, leaks, and
spills. A regular maintenance checklist should be kept on site.
Required Corrective Action for Violation 2:
If you have not already done so, regularly inspect the complete waste treatment system on this farm for
potential problems. If possible the causes of the release should be identified, repaired, and if needed steps
taken to prevent a similar occurrence in the future. Farm staff must be informed of the importance of
reporting all waste releases to the management in a timely manner. This will insure that permit reporting
and monitoring requirements can be followed.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation_
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry C. Baxley,
Environmental Specialist ll, or myself at [phone].
Sincerely,
Stephen A. arnh >f-
Region Aq ifer Protection Supervisor
cc: Keith Larick - Compliance Group
Sampson Co. MRCS
Trent Allen - SWC, FRO
Central Files - Raleigh