820101_ENFORCEMENT_20171231

NORTH CAROLINA
r�
Department of Environmental Qual
II

SOF W A TFC
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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
October 8, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Rose
Rose Swine Farms
481 Lassiter Road
Newton Grove, North Carolina 28366
Subject: NOTICE OF DEFICIENCY
Rose Swine Farm
Facility No. 82-101
Permit No. AWS820101
Sampson County
NOD — 2010 -PC -1069
Dear Mr. Rose:
Coleco 11. Sullins, Director
Division of Water Quality
ID n
o I LJ �)
On February 8, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Jonathan Miller of a high freeboard level in one or more of the facilities lagoons.
As a result of this incident, 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 2T . 1300, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWG 100000 as follows:
Deficiency I.-
Failure
:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG100000.
On February 7, 2010, a lagoon/storage pond level was documented at 18.8 inches of freeboard. A level of
19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the
Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section (2) of your permit.
Nailing Address Phone 9I9 807-6300 Location One
( ) Nol-thCarolina
1617 Mail Service Center Fax [phone] N. SaGshury St. Qtilrl7llr,�
Raleigh. NC 27699-1617 Raleigh, NC 27604
Internet: wwwmcwateryuality.org Customer Service 1-877-623-6748
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Page 2
Mr. Joe Rose
October 8, 2010
If }'on have not already done so, provide a written response to this Notice of Deficiency once lagoon
levels are back in compliance.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality 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.(A.
If von have any questions concerning this Notice, please contact me at (910) 433- 3300.
Sincerely,
"Pony W. Hone t
Environmenta pecialist
Fayetteville Regional Office.
cc: Keith Larick/APS CAFO Unit
FRO Compliance Animal Files
NCDS WC -FRO

Fo2- ion
Honeycutt, Toni►
From: Geno Kennedy [[e-mail]]
Sent: Monday, October 11, 2010 10:27 AM
To: Honeycutt, Tony
Cc: Carson M Rose; Jonathan Miller
Subject: NOD response 82-101
Tony,
on 2/21/10 Rose Swine had 23" of Freeboard. So full compliance status was realized on this date. Please
accept this memo as the official reply to your NOD letter.
With Kind Regards,
Ronnie "Geno" Kennedy Jr.
President of Operations
Agriment Services, Inc.
PO Box 1096 Beulaville, NC 28518
Office [phone] Fax [phone] Mobile [phone]
www.ag6mentservices.com
--- On Mon, 10/11/10, Honeycutt, Tony <tony.honeycutt(a),rcdenr.gov> wrote:
From: Honeycutt, Tony <tony honeycutt a,ncdenr.g_ov_>
Subject: NOD response
To: "agrimentservices(24yahoo.corn" <agrimentserviceso,yahoo.com>
Date: Monday, October 11, 2010,10:09 AM
Hi Mr. Kennedy
As per your request here is an e-mail to place me in your data base. If I can be of any assistance in the
future please give me a call. My direct line is [phone].
Thanks,
Tony W. Honeycutt
Environmental Specialist
FRO/AP

910=433-3339
tony.honeycuttoancdenr. gov
E-mail correspondence to and from this address may be
subject to the North Carolina Public Records Law and may
be disclosed to third parties.

search
Pagel of 2
Incident Incident
Incident Decadent Freeboard Levels Events Related Incidents
* Incident Type:Norl-ggLnpl€ante Reporting Incident Number : [2_01
* Category: APS - Animal
* Started Date/Time : 102/08120 10 03:44 tsrr
*County : 'Sampson -' Farm #: 82-1
Decimal DD:MM:SS
Latitude: Position Accuracy: ---Select Valve ---
Longitude: Position Method: ---Select Valuee---
Position Datum: Select Value--- n
Reporting Person : Anonymous (�
First Name :'Jonathan / Address
Middle Name: �0
Last Name:! Miller / City::
State/Zip
Phone : CcIVPager :;
* Location of the Incident : .toe Rose #1�
Address:
City/State/Zip:: Newton Grove
Cause/Observation of the incident : Directions :
Action Taken
Comments/Findings
Water Supply Wells within 1500ft : 'D
Surface Water Impacted : Yes _ No °, Unknown Groundwater Impacted:
Waterbody : ---Select value---
Waterbody (Other) : Conveyance : ; _�-
Report Received By : Revels, Ricky . Phone: (910)433-,3,3 1720
Date/Time : 021Q812010 03:44 ;gni
RO Contact: "Rei
Phone : P91(
021(
Date/Time : —
03:
http://bims.enr.state. nc.us: 7001 /selectOneIncident.do?id-3M05r MYG00JXHW X413A2R8... 9/30/2010

search
Referred Via: Fax
Specific Causes :
_j Severe Natural Condition _j Vandalism
Page 2 of 2
Referred Via : Fa>
Pump Station Equipment Failure
- Ftn sh Cancel
http:llbims.enr.state.ne.us:7001 IselectOnelncident.do?id=3MOSFMYGOOJXHWX4BA2R8... 9/30/2010

search Page l of 1
Incident Detailsl Incident Details2 Freeboard Levels Events
Incident Type: Non -Compliance Reporting Incident Number: 201000743
Date/Time : 02/08/2010 03:44 pm Farm #: 82-0101
County : Sampson City: Newton Grove
Responsible Party :
Incident Owner:
Find Owner Clear
Permit : ;AWS820101
Find Permit IClear]
Facility :
Find Facility [Clear]
First Name :
Address
Middle Name.
Last Name:
City
Company Name: '
State/Zip : j
Phone: ;
Cell/Pager
[Clear Responsible_ Party].
Onsite Contact :
First Name :
Middle Name :
Last Name:
Contact Agency :
Phone :
Ccll/Pager :
Fish Kill : ' Yes No _4' Unknown
Containment: Yes No s Unknown
Storage tank: AST UST
Written Report Requested
Information Requested :
Closed Date :
Report Entered By : Revels, Rici
Phone : [phone]
Date/Time : 192110/2010
Estimated Fish Kill
Cleanup complete Yes
Well Contractor Cert#: '_---Select Vn
Finish � Cancel
http://birns.enr.state.nc.us:7001 /maintainlncident l .do 9/30/2010

Agencies
Page 1 of 1
Incident Incident Freeboard Levels Events Related Incidents Action History
Detailsl Details2
Incident Type: Non -Compliance Reporting Incident Number: 201000743
Date/Time : 02/08/2010 03:44 pm Farm M 82-0101
County : Sampson City: Newton Grove
Freeboard Levels
Delete Waste Structure Waste Structure Freeboard l Plan Due Plan Date/Time
Received Freeboard
Type Identifier (inches) Date/Time
Date/Time Level OK
Lagoon z 82-101 NO.1 18.8 -
Add ;l�©�1ete
Finish -1 Cancel
tic
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http://bims.enr.state.nc.us:7001 /maintainlncident2.do
9/30/2010

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Joe Rose
Rose Swine Farm, Inc.
481 Lassiter Rd.
Newton Grove, NC 28366
Dear Mr. Rose:
August 17, 2000
ACU
'AUG 2 8 2000
FAYETTEVUE
REG. OFFICE
SUBJECT: Acknowledgment Receipt Letter
Rose Swine Farm, Inc.
Permit No. AWS820101
File No DV 00-038
Sampson County
This letter is to acknowledge receipt of your check No. 2115 in the amount
$5,652.79 received from Rose Swine Farm on August 17, 2000.
This payment satisfies in full the civil assessment in the amount of $5,652.79
levied against Rose Swine Farm and this case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations -
If you have any questions please call Joe Albiston at [phone] extension
581.
Sincerely,
F�� oe Albiston
Non -Discharge Compliance/Enforcement Unit
LF/scr
cc: Fayetteville Regional Office
Enforcement/Compliance Files DV 00-038
Central Files
R.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor RECEIVED �� � ��� ;�
Bill Holman, Secretary D
Kerr T. Stevens, Director
AUG 7 2000
Mr. JOE ROSE
ROSE SWINE FARM
481 LASSITER ROAD
NEWTON GROVE, NC 28366
Dear Mr. Rose:
FAY ETTEVILLE
REG. OFFICE
A P?OW'A
IT•
r�+�-��
NCDFNR
NORTH CAROLINA DEPARTMENT OF
ENvIRONMENT AND NxuRAL RESOURCES
August 2, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Request -for Remission of Civil Penalty
Rose Swine Farm
Permit No. ASW820101
Sampson County
File No. DV 00-038
In accordance with North Carolina General Statute 143-215.6A(f), 1 considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $5652.79.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your check
payable to the Department of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Joe Albiston
NCDENR .
DWQ -
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
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50% recycled / 10% post -consumer paper
http: //h2o_ enr.state. nc. us
Location:
512 N. Salisbury St.
Ralei-h, NC 27699-1617

You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. You
may present your request for remission to the committee and a representative from the Division of
Watei Quality will present the case against remission. The Committee on Civil Penalty Remissions
will render a final and binding decision in accordance with NCGS 143B -282.1(c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Joe Albiston at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on October 4, 2000. If you are unable to attend on this
date, your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Joe
Albiston at [phone], extension 581, if you have any questions.
Sincerely,
ijl� err T. Stevens
cc: Paul Rawls, FRO Regional Supervisor
File # DV 00-038
Central Files
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
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Location:
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Raleigh, NC 27699-1617

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Rose
Rose Swine Farm
481 Lassiter Road
Newton Grove NC 28366
Dear Mr. Rose:
D E N R
May 23, 2000 RECEIVED
m 4 Y 3 0 2000
FAYErMVILL.E
REG. OFFICE
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Rose Swine Farm
Sampson County
File No. DV 00-038
Permit No. ASW820101
This letter transmits notice of a civil penalty assessed against Joe Rose in the amount of $5652.79.
including $652.79 in enforcement 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 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:
Ms. Linda Forehand
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
t
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
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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.
Linda Forehand
DENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, 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
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
Registered Agent
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

Failure to exercise one of the options above within th_._irty 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.Linda Forehand at [phone], extension 526.
Sincerely,
Yr �, 4 -Ts : �-
Kerr T. Stevens
ATTACHMENTS
cc: Reg ional.Supervisor w/ -attachments
Comp` liance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
COUNTY OF SAMPSON NATURAL RESOURCES
IN THE MATTER OF ) File No. DV 00-038
JOE ROSE )
FOR MAKING AN OUTLET TO THE ) FINDINGS AND DECISION
WATERS OF THE STATE OF ) AND ASSESSMENT OF
NORTH CAROLINA ) CIVIL PENALTIES
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
I. FINDINGS OF FACT:
A. Joe Rose owns and operates Rose Swine Farm, a swine animal operation located
along SR 1715 in Sampson County.
B. Joe Rose obtained Certificate of Coverage No. AWS820101 under General Permit
No. AWG 10000 on June 26, 1998. This permit does not allow a discharge of
waste to waters of the State.
C. On February 24, 2000, DWQ staff observed spraying that was ponding and appeared
to be leaving the spray field during a fly over of the farm. A site visit was made that
afternoon and waste was observed entering a grassed waterway and flowing into an
unnamed tributary of Craddock Swamp, which is Class "CSW" waters of the State.
D. Joe Rose had no valid permit for the above-described discharge.
E. Condition No. III. 6. f. of the "Monitoring and Reporting Requirements" of the
Animal Waste Permit No. AWS82010I requires that the permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more
than 24 hours following first knowledge of the occurrence of overapplying animal
waste where runoff enters surface waters.
F. Joe Rose failed to notify the Fayetteville Regional DWQ office of the discharge of
wastewater.
G. The cost to the State of the enforcement procedures in this matter totaled $652.79.
1 of 3

File No. DV 00-038
Rose Swine Farm
01
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Joe Rose is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Craddock Swamp constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
D. The above-cited discharge constitutes making an outlet of 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 above-cited failure to report by telephone to the appropriate Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of overapplying animal waste where runoff enters surface waters
constitutes a violation of Condition No. III. 6. f. of the Animal Waste Permit No.
AWS820101.
F. Joe Rose may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which
provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S 143-215 or who violates or fails to
act in accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Joe Rose
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural 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:
DECISION:
Accordingly, OWNER is hereby assessed a civil penalty of:
$ "�� 0 0 o for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1 on February 24, 2000.
2of3

File No_ DV 00-038
Rose Swine Farm
$ for violating Condition No. III 61. of Animal Waste Permit
No. AWS820101 by failure to notify DWQ of a discharge
within 24 hours.
$ ��,�Ot? TOTAL CIVIL PENALTY, which is ?A_T_ percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 652.79 Enforcement costs
1 C1 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. 14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality
3of3

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
ADDRESS
TELEPHONE
IE
SIGNATURE

'R�;,_JAM E5�.9: Hi.fNT JR;v;,t
A OR
f
.��
k NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
Division of Water Quality
March 28, 2000
MEMORANDUM
TO: Steve Lewis
Non -Discharge Compliance Group
j
up
FROM: Jeffery Brown �Y
Environmental Engineer, O
SUBJECT: Enforcement Package
Rose Swine Farms
Facility No. 82 - 101
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter, If you have any further
questions or need clarification on any of the details please contact me.
K
Attachment
4E V^ ,
2 0 'k: 0
225 GREEN STREET, SUITE 714 / SYSTEL HLO. FAYETTEVILLE, IJORTH CAROLINA 28301-5043
PHONE [phone] FAX910-4a6-0707
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Fast Track Freeboard NOV Checklist
Date
Time: U
Onsite Re o C IL -Sc %Y 1c.cis -e
Facili Name �o ' wr - cc
Facility Location C t= ('
Name of Owner Sar. 05 e
Address of Owner ��r J j-
N i� VJTG'?� ► i-cr.-e ! nn `) C 9-V-3 � iC
Name of Cert. Operator �'c? _ A , e
Integrator "-YVel s tiz
Type of Facility (saw, feeder to finish, etc.) e- e,
Number of animals onsite _
Number of animals certified for
Freeboard level
Notes: LLc
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LLC
} ►LLl � tr L� f � bC "� 11,�
7 J�ZI,I 'tf' �•C :,�t'v't� � '7l,_Zti�
Inspectoes Signature
Date
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` D�v�sion of So1.
il andrWater'Conservahon = Operatron Review �~=
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35
Dtvrsion of $oil and -Water Conservation = Compliance Inspection
DtAsion of Water Quality 6cr ance InspecEon gf_z r }
tine 0 Complaint 0 Follow-up of DWO insuection 0 Follow -uv of DSWC
Facility Number
O .I.. II Date of Inspection 1 o? _-Xq_00
Time of Inspection � 24 hr. (hh:mm)
0 Permitted a Certified 13 Conditionally Certified [3 Registered 113 Not O erational I Date Last Operated:
Farm Name: ...................1.]C lir....-�.�W�t�....... t 4:rW-1.5...................................... Count ...?gym
Owner Name: e05' ic, Phone No:.,,-
..................... :a o e.......................................................................................................................................................
Facility Contact: ........... .. Title: .......... Phone No:
Mailing Address: ................#'K1........ d .....go ........................ ...................
_- ...............�.......„••�.../J....C...
�366
Onsite Representative:-,,•,•„�........'�Integrator
..................
Certified Operator :•,• CdC ............ R Operator Certification Number: .........
Location of Farm:
..............................................................---..............................................................................................................................-----.......................................................................�
Latitude 0 ��� Longitude 0
Design Current Design Current ;:Design Current
Swine Capacity 'Population Poultry Capacity Population Cattle. - = . ;Ca aci y.-..Po`ulation
❑ Wean to Feeder ❑ Layer 10 Dairy
Feeder to Finish(ap ❑Non -Layer JE1 Non -Dairy
Farrow to Wean
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish
❑ Gilts Total Design Capacity:_,
❑ Boars Total SSL. .
Number of Lagoons` ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area =
._Holding Ponds./ Solid Traps ❑ No Liquid Waste Management System
llischar,es & Stream Impacts
. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge orig*inated at: ❑ Lagoon J Spray Field ❑ Other
a. If discharge is observed, was the conveyance rnan-made? ❑ Yes (9 No
b. If discharge is observed, did it reach Water ofthe State? (If yes, notify DWQ) OeYesEl No
c. If discharge is observed, what is the estimated flow in gal/min? .�
d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes [I No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure ti
Identifier:
Freeboard(inches): ..............................................................................
5. Are there any immediate threats to the integrity of any of the structures obsen ed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
3/23/99 Continued on back

• Facility (lumber: $`;j— O j Date of Inspection
-p0
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
{lel WUP, checklists, design, maps, etc-)
closure plan?
❑ Yes
❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
❑ Yes
❑ No
immediate public health or environmental threat, notify DWQ)
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
7. Do any of the structures need maintenance/improvement?
❑ Yes
❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level,
elevation markings?
❑ Yes
❑ No
Waste_ Application
23.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
10. Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
XExcessive
1- Is there evidence of over application? Ponding ❑ PAN
Yes
❑ No
12. Crop type
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c} This'facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Reouired Records & Docnments
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
{lel WUP, checklists, design, maps, etc-)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21-
Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
Pail to notify regional DWQ of emergency situations as required by General Permit?
(lel discharge, freeboard problems, over application)
❑ Yes
❑ No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
O(No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
yiglations:or def ciendes -were ptjted• during th�s:visit' . Y:otl Will -teeeive fio furtj�er .:.:
.
6ire5 ondeitcea1baut. this visit:. • -' -' . • . .
Comments (refer to question #):;'Explain any YES.answers'and/or any recommendations orany other coinmeiat§: � � j
Use arawinp ui vacuityw oetter exp�aun:sttuanons­_Mise auuiuonau.pages asmecessary�
• tcxtT s w e—o4ef— t,.,xi S acs} 6Z e/j. `AC f oCi /% � CTti Gr4ma=>-1 +
�B a
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(rt lcsStG eit [umq - r 4 - A.
s Ue Rase +t - v ,.� a,t. :
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date: -1 —pQ

32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
-Addit.ional Cornments:andlor;Drawings:
�il, , �vSe S't�o� �� � �:w� J c..►.'� - � 1 � C�
Facility Number: — b Date of Imspection a—Z
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atfor below
❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
add-
27. Are there any dead animals not disposed of properly within 24 hours?
❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
[IYes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belt~, missing or
a�ior�nl , !� • l� also �^^a,� �-�, p --
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover?
❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
-Addit.ional Cornments:andlor;Drawings:
�il, , �vSe S't�o� �� � �:w� J c..►.'� - � 1 � C�
A.
add-
�7` ��J
a�ior�nl , !� • l� also �^^a,� �-�, p --
d -- -�
Li
r

FAYETTEVILLE DIVISION
817 Castle Hayne Street Fayetteville. NC 28303 Picone [phone] Fax [phone]
CHAIN OF CUSTODY RECORD
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CLIENT NAME &AODRESV
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PRESERVATION CODE
Relinquished by: (Signatu e)
Date
Time
3
4
Relinquished by: (Slgnaturel
Date
CODE: A = <4'C ONLY
B = HNO3 (ph<2) + <4'C
C = H2SO4 (ph<2) + <4°C
D = NaOH + <4"C
E = ZN Acetate + <4'C
F =
CONTACT PERSON: /+ ��, y
-:5-eT B aW';'v
Date
O
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6
Relinquished by: (Signature)
Date
Time
PHONE:
0 — 41?&v — 15 �
SAMPLER:
DATE 1 METHOD OF SHIPMENT:
LAB ID #!
SAMPLE
TYPE
DATE
TIME
COMP
GRAB
pH
0,0.
TEMP •C
CHLORINE
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5
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Date
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Date
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Corvirrients Or Special Hazards:

O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RRAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWO
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Source - ID #OOWE21314
2. Upstream - ID #OOWU21315
3. Discharge Point - ID #OOWE21316
4. Downsteam - ID #OOWD21317
DATE RECD: 02/24/00 SAMPLED: 02/24/00
SAMPLED BY: J. Brown
DELIVERED BY: J. Brown
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Rose Swine Farm -
DATA REVIEWED BY:
DATE REPORTED: O3 5/ 0
ANALYSIS 1 2
BOD (mg/L) FPA 405.1 128 2.44
COLIFORM, FECAL (per 100 ml) SM10 9222D 631 <9
NITRATE (mg/L) SPA 353.3 3.84 3.2
AITALYSIS DSD 3 4
BOD (mg/ L)
COLIFORM, FECAL (per 100 ml)
NITRATE (mg/L)
CMERMS: < - Less than
> = Greater than
EPA 405.1
SM18 9222D
EPA 353.3
PAGE 1 OF 1
130
1171
3.91
21.8
220
3.4
The data and other information contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA -EPA -NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

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Joe Rose 2/25/00
Rose Swine
481 Lassiter Rd. RECEIVED
Newton Grove, N.C. 28366
Div. of Water Quality F E B 2 8 2400
Wachovia Building
Suite 714 FAYETTEWILLE
Fayetteville, N.C. 28301 REG. OFFICE
Dear Sirs:
Per your 2124/00 onsite inspection of my facility, I am officially notifying your office of
an accidental spill occurred on 2124100. The spill volume was approximately 300- 500
gal. of lagoon liquid. Once aware of this problem, I immediately took steps to stop the
spill from reaching the creek. We dammed the ditch with dirt containing the spill . We
thenpumped the liquid back onto the sprayfield. Jeffrey Brown with the DWQ was onsite
at this time.
The spill was caused by back flow from the open hydrant that the reel was attached to. To
ensure that this situation does not happen again we will cut the pump off while the cart
gun is still in the field and will shut off the hydrant before reeling in the gun.
I am very sorry that this has happened and will make every effort to prevent future
accidents.
Sincerely, �}

.-' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 13, 2000
Joe Rose
481 Lassiter Road
Newton Grove, NC 28366
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820101
Rose Swine
Facility No. 82 - 101
Sampson County
Dear Mr. Rose:
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 February 24, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine'fly-over of the Rose Swine Farm in
Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewater was ponding and appeared to be entering a wooded area
adjacent to the spray field. After the fly -over, a site visit was made to the facility
to confirm the findings from the flight. An inspector arrived at the facility and
observed wastewater discharging into an Unnamed Tributary (UT) of Craddock
Swamp which is Class "C SW" waters. It was then recommended to Joe Rose, the
farm owner, to construct an earthen berm in the grassed waterway to prevent
additional wastewater from entering the stream. Mr. Rose was also informed that
wastewater was observed leaving the spray field in a different location from the air.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SY5TEL BLp. FAYETTEVILLE, NORTH GARDLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
^JAM'ESja."HUNT'J
l+i
-- ILL HOLMAN
-
.-' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 13, 2000
Joe Rose
481 Lassiter Road
Newton Grove, NC 28366
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820101
Rose Swine
Facility No. 82 - 101
Sampson County
Dear Mr. Rose:
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 February 24, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine'fly-over of the Rose Swine Farm in
Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewater was ponding and appeared to be entering a wooded area
adjacent to the spray field. After the fly -over, a site visit was made to the facility
to confirm the findings from the flight. An inspector arrived at the facility and
observed wastewater discharging into an Unnamed Tributary (UT) of Craddock
Swamp which is Class "C SW" waters. It was then recommended to Joe Rose, the
farm owner, to construct an earthen berm in the grassed waterway to prevent
additional wastewater from entering the stream. Mr. Rose was also informed that
wastewater was observed leaving the spray field in a different location from the air.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SY5TEL BLp. FAYETTEVILLE, NORTH GARDLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Rose Swine Farm
March 13, 2000
2. A more detailed and thorough inspection of the irrigation system along with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to prevent
the future release of wastewater.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
wastewater from entering the grassed waterway in the future.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before March 23, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for his consideration.

dFj
Page 3
Rose Swine Farm
March 13, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Regional Water Quality Supervisor

Joe Rose
Rose Swine Farm, Inc.
481 Lassiter Road
Newton Grove, NC 28366
March 21, 2000
Division of Water Quality
225 Green Street
Suite 714
Fayetteville, NC 28301-5043
Dear Sirs:
P144 2 2 7000
PRed Ori -ICE
AYS yiue
I am writing you in response to your letter dated March 13, 2000, pertaining to the accidental spill that
occurred on my farm on February 24, 2000. The spill was caused by back flow from the open hydrant that
the reel was attached to. Because that hydrant was not immediately closed when the pump was turned off,
the wastewater in the irrigation lines was sufficient to cause enough pressure that wastewater was
discharged from the cart gun. The gun was close to a waterway and the discharge flowed from the gun
into the waterway. When this situation was discovered, we dammed the waterway and later pumped the
dammed water back into the sprayfield.
To insure that this situation does not happen again, we will cut the pump off while the cart gun is still in
the field and will shut off the hydrant before reeling in the gun.
I feel that your office should not proceed with recommendations for enforcement for the following reasons.
This is the first time that we have ever had a spill or any other violation. We have passed every inspection
that the state has performed. We estimated that 300 to 500 gallons of effluent escaped into the waterway.
Based on our most recent lagoon sample, (1.6 lb. PAN/1000 gal.) this spill resulted in less than one pound
of N being discharged. Finally, we are cooperating with Hog Slat, Inc. on implementing an alternative
waste treatment system on our farm. While the system is still under development, it is, never the less, on
our farm and operating. This certainly shows a willingness to go along with the Governor's lagoon phase
out plan. Thank you for your attention to this matter. If you have any questions, please feel free to contact
me.
Sincerely,
Joe Rose

1 ' �C
r ; . _
•_`.iAME51H:"`iiUNi'T JR. G;
DENR
GOVERNOR I'^�
LC HOLMAN • rr
a NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 13, 2000
Joe Rose
481 Lassiter Road
Newton Grove, NC 28366
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820101
Rose Swine
Facility No. 82 - 101
Sampson County
Dear Mr. Rose:
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 February 24, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine fly -over of the Rose Swine Farm in
Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewatermas ponding and appeared to be entering a wooded area
adjacent to the spray field. After the fly -over, a site visit was made to the facility
to confirm the findings from the flight. An inspector arrived at the facility and
observed wastewater discharging into an Unnamed Tributary (UT) of Craddock
Swamp which is Class "C SW"waters. waters. It was then recommended to Joe Rose, the
farm owner, to construct an earthen berm in the grassed waterway to prevent
additional wastewater from entering the stream. Mr. Rose was also informed that
wastewater was observed leaving the spray field in a different location from the air.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
�i-v=adcgl P
2 - 0 1 0 : .
225 GRSEN STREET, SUITE 714 / SYSTEL OLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-4B6-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEP/10% POSY -CONSUMER PAPER

Page 2
Rose Swine Farm
March 13, 2000
2. A more detailed and thorough inspection of the irrigation system along with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to prevent
the future release of wastewater.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
wastewater from entering the grassed waterway in the future.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before March 23, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ .
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for his consideration.

Page 3
Rose Swine Farm
March 13, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
inc
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group