820105_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

Water Resources w
Environmental Quality
RECEIVED
DEQIDWR
MAR 16 2017
WQROS
-AV 7-r- UVILLE REGIONAL OFFICE
March 13, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Herring
Mike Herring Farm
7520 Five Bridges Rd
Clinton, NC28328-8328
Subject: Notice of Deficiency
Mike Herring Farm
Permit Number AWS820105
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-referenccd 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
OutstandingFee ($)
2016PRO 11314
1/5/2017
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.-
1-f Nothing Compares7—�_
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operadons section
1636 Mail Service Center I Raleigh, North Carolina 2 7699-1 63 6
919-707-9129

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely, ff [[ __ �
ob, J, wA
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 AWS820105)

�
p
Water Resources
ENVIRONMENTAL QUALITY
April 26, 2016
Michael L. Herring
7520 Five Bridges Road
Clinton, NC 28328
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
- Subject:. - NOTICE OF DEFICIENCY
Michael L. Herring
Permit # 82-0105
Sampson County
Incident # 20160512
NOD -2016-PC-0128
Dear Mr. Herring:
Secretary
S. JAY ZIMMERMAN
Dimctar
On February 16, 2016 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) were notified by Curtis Barwick of a high freeboard
level in the #1 lagoon. We wish to thank Curtis Barwick and Mr. Herring for notifying DWR of
this incident.
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
Section .1300, you have been found to be in violation of your Certified Animal Waste
Management Plan and the Swine Waste System General Permit No. AWG100000 that you are
covered to operate under, as follows:
Deficiency I:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On February 16, 2016 a lagoon/storage pond levels were documented at 17.0 inches. A level of
19.0 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Required Corrective Action for Deficiency 1:
DWR has received a copy of your 30 -Day Plan of Action (POA) for the high freeboard
occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance
with your Certified Animal Waste Management Plan and permit.
State of North Carolina I Environmental Quality I Water Resources
1611.Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9400

If you have any questions concerning this Notice, please contact me at [phone]
Sincerely,
Belinda S. Henson
Regional Supervisor
NCDEQ-Division of Water Resources
Water Quality Regional Operations Section
Fayetteville Regional Office
cc. Sampson County Soil and Water Conservation District
Smithfield Foods

. . /-10 rr-AIN xZ7��)
�? 1 7 25
ii, A %0
AM= �
NCDENR
North Carolina Department of Environment and Natural Resources'ijU`°i' �� `'fr�'��;a� �rlc�
Pat McCrory
Governor
Michael Herring
Michael L. Herring Farm
7520 Five Bridge Road
Clinton, NC 28328
Dear Michael Herring:
Donald R. van der Vaart
Secretary
September 15, 2015
Subject: Sludge Survey Testing Dates
Certificate of Coverage No. AWS820105
Michael L. Herring Farm
Lagoon No. - 1
Animal Waste Management System
Sampson County
The Division of Water Resources (Division) received your sludge survey information on June
19, 2015. With the survey results, you requested an extension of the sludge survey requirement
for the Lagoon No. - 1 at the Michael L. Herring Farm. Due to the amount of treatment volume
available, the Division agrees that a sludge survey is not needed until 2019.
The next sludge survey for the Lagoon No. - 1 at this facility should be performed before
December 31, 2019.
Please call me at [phone] if you have any questions.
Sincerely,
J.R. Joshi
Animal Feeding Operations Program
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
Permit File AWS820105
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: http://www.ncwater,org
An Equal Oppoatunity 1 Affirmative Action Employer — Made in part by recycled paper

NC EN
North Carolina Department of Environment and
Beverly Laves Perdue
Governor
CERTIFIED MALL
RETURN RECEIPT REQUESTED
Herring, Michael
Mike Herring Farm
7520 Five Bridge Rd
Clinton, NC 28328
Dear Permittee,
Division of'A'atei Quality
Coleen H. Sullins
Director G?
June 28, 2010 'J
Subject: Notice of Violation
Mike Herring Farm
Permit Number AWS820105
Sampson County
Dee reernan
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 this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date Due DateOutstanding
Fee (S)
2008PR001527
2/11/2008 1 3/12/2008
180-00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
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 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. 143-215.6A. 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 Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Centar, Ralegn, North Camlina 2769 1636
Location: 2728 Caoj,al Blvd., Raleigh.. North Carolina 27E04 On, t
Phone: 919 ?33-3221 1 SAY,: 919-71�-05881 Custom€r service: 1-8 1 v77-623-0748 Orth Cr`1rofina
Internet: www.nrwatemualiry.arg '�����,�����
An Eoual urm-onumiy! Ah. —rxi ?.cuon Emmy..-

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
cc: -Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AW 5820105)
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit

WASTE UTILIZATION PLAN
Coharie Hog Farm
Monday, May 18, 1998
F�D
Producer: Mike Herring
-Farm-Name:- -- -Mike Herring 82-105 - --
7520 FIVE BRIDGES RD - 711AR
IVED
CLINTON,NC 28328 r'}
Telephone # : [phone]$1 s r [/ Jr
Type of Operation : Feeder to Finish Swine J `�y
Number of Animals: 3672 hogs design capacity [iN-FAYFlTftLFREGf NAi .)Rr
Application Method: Irrigation
The waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should be
used to reduce the amount of commercial fertilizer required for the crops in the fields where
waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil tests are strongly
encouraged so that all plant nutrients can be balanced for realistic yields of time crop to be
grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and avaialable water holding capacities. Normally waste shall not be applied to
land eroding at greater than b tons per acre per year. With special pre -cautions, waste may
be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on
saturated soils, when it is raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM regulations. Wind
conditions should also be considered to avoid drift and downwind odor problems. To
maximize the value of the nutrients for crop production and to reduce the potential for
pollution, the waste should be applied to a growing crop or applied to bare ground not more
than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and
reduce odor problems. This plan is based on waste application through irrigation for this is
the manner in which you have chosen to apply your waste. If you choose to inject the waste
in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating
waste are not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient content
for this type of facility. Acreage requirements should be based on the waste analysis report
from your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste
utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H.0217 adopted by the Environmental Management Commission.
RECEIVED I DE
R I ON OV �flN
AOU15FR.MO�
VAR 17 2.001
Page 1 of 9

AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
3672 hogs X 1.9 tons waste/hogs/year = 6976.8 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
3672 hogs X 2.3 lbs PAN/hogs/year = 8445.6 PAN/year
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown,
soil type and suface application.
TABLE 1 : ACRES OWNED BY PRODUCER
There are no Acres Owned
Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
NOTE: .The applicator is cautioned that P and K may be over applied while meeting the N
requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in
some eastern counties of NC to have a nutrient management plan that addresses all
nutrients. This plan only addresses Nitrogen.
Page 2 of 9

TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land. See required specifications 2.)
TRACT FIELD SOIL TYPE $CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC.
DETERMINING PHASE_.__. CODE _ ___ NIACRE_.N/ACRE.- __ _____ _USED _ TIME __ _ _ _.
3148
1.1
WAGRAM 0-6%
BC
4.7
235
0
5.61
1318.35
MAR -OCT
3148
4 1.1
WAGRAM D-6%
SG
1
50
0
5.61
280.5
SEP -MAY
3148
1.2
WAGRAM 0-6%
BC
4.7
235
0
11.13
2615.55
MAR -OCT
3148
- 1.2
WAGRAM 0-6%
SG
1
50
0
11.13
556.5
SEP -MAY
3148
1.3
NORFOLK 0-2%
BC
5.2
260
01
11.68
3036.8
MAR -OCT
3148
- 1.3
NORFOLK 0-2%
SG
1
50
0
11.68
5B4
SEP -MAY
3148
1A
WAGRAM 0-6%
BC
4.7
235
0
6.27
1473.45
MAR -OCT
3148
- 1A
WAGRAM 0-6%
SG
1
50
0
6.27
313.5
SEP -MAY
TOTALS: 10178.7
Indicates that this field is being overseeded (i.e. interplanted) or Winter annuals follow
summer annuals.
* Indicates a Crop Rotation
* Acreage figures may exceed total acreage in field due to overseeding.
*'Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial
nitrogen (COMM N) supplied.
The following legend explains the crop codes used in TABLES 1 and 2 above:
CROP COnF CROP UNITS LBS NIUNIT
BC
HYBRID BERM UDAGRASS-CONTRO LLED GRAZED
TONS
50
5G
SMALL GRAIN OVERSEEDED
AC
50
Page 3 of 9

TOTALS FROM TABLES 1 AND 2
ACRES LBS AW
N USED
TABLE 2 34.691 10,179
TOTALS: 34.691 10,179
AMOUNT OF N PRODUCED: 8,44E - -
— BALANCE -1,733
*** This number must be less than or equal to 4 in order to fully Utilize the animal waste N
produced.
Acres show in each of the preceeding tables are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter
areas not receiving full application rates due to equipment limitations. Actual total acres in the
fields listed may, and most likely will be, more than the acres shown in the tables.
NOTE: The Waste Utilization Pian must contain provisions for periodic land application of
sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary
measures to prevent over application of nutrients or other elements. Your production facility
will produce approximately 1358.64 pounds of plant available nitrogen (PAN) per year in the
sludge that will need to be removed on a periodic basis. This figure is PAN when
broadcasting the sludge. Please be aware that additional acres of land, as well special
equipment, may be needed when you remove this sludge.
See the attached map showing the fields to be used for the utilization of waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the soil at the time of
irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture
content, soil structure, soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the soil at the time of
irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the
crop.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 5.92 months. In no instance should the volume of
waste being stored in your structure be within 1.6 feet of the top of the dike.
If surface irrigation is the method of land application for this plan, it is the responsiblity of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown, in the tables may make this plan invalid -
The following table is provided as a guide for establishing application rates and amounts.
APPLICATION APPLICATION
TRACT FIELD SOIL TYPE CROP RATE (in/hr) AMT (inches)
3148
-1,1,-1.2,-1.4
WAGRAM 0$%
SG
0.60
'1 -
3146
1.1,1.2,1.4
WAGRAM 0-6%
BO
0.60
'1
3146
-1.3
NORFOLK 0-2%
SG
0.50
'1
3148
1.3
NORFOLK 0-2%
BC
0.50
'1
* This is the maximum application amount allowed for the soil assuming the amount of
nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Page 4 of 9

NARRATIVE OF OPERATION
This plan is based on a wettable acres determination completed on 4-19-2002.. Producer
plans to sprig field 1.4 in coastal bermuda in spring,2002.
Page 5of9

PLANS & SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every
day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land to properly dispose of waste. If the producer
does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy
of a written agreement with a landowner who is within a reasonable proximity, allowing
him/her the use of the land for waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility to secure an update of the Waste
Utilization Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climate conditions, and
level of management, unless there are regulations that restrict the rate of application for other
nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RMS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves
the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG
Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the
waste may be broadcast provided the application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference -
Environment file for guidance.)
*7_ Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control conditions
conducive to odor or flies and to provide uniformity of application.
B. Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with
a high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a crop on bare soil.
11. Any new swine facility sited on or after October 1, 1995 shall comply with the following:
the outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from anv residential oroperty boundary
Page 6of9

and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste
other than swine waste from facilities sited on or after October 1, 1995), shall not be applied
closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal -Waste shall -not -be applied closer than 200 feet of dwellings other than -those -- —
owned by the landownwer.
14. Waste shall be applied in a manner not to reach other property and public right - of ways.
15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted croplands
provided they have been approved as a land application site by a "technical specialist".
Animal waste should not be applied on grassed waterways that discharge directly into water
courses, except when applied at agronomic rates and the application causes no runoff or drift
from the site.
*16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
*17. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where
considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms
and structures should be inspected regularly for evidence of erosion, leakage or discharge.
*18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
*19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be
kept on site.
20. Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption, it should only be applied as a preemergence with no other applications of
animal waste during the crop season.
*21. Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to mark
the maximum storage volume fpr waste storage ponds.
22. Waste shall be tested within 60 days of utilization and soil shall be tested at least
annually at crop sites where waste products are applied. Nitrogen shall be the rate -
determining element. Zinc and copper levels in the soils shall be monitored and alternative
crop sites shall be used when these metals approach excessive levels. pH shall be adjusted
for optimum crop production amd maintained. Soil and waste analysis records shall be kept
for five (5) years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
Page 7 of 9

23. Dead animals will be disposed of in a manner that meets North Carolina Department of
Agriculture regulations.
* Liquid Systems
Page 8 of 9

NAME OF FARM: Mike Herring
OWNER I MANAGER AGREEMENT
1 (we) understand and will follow and implement the specifications and the operation and
maintenance precedures estalished in the approved animal waste utilization plan for the farm
named above. I (we) know that any expansion to the existing design capacity of the waste _
treatment -and/or storage system or construction of new facilities will require a new utilization
plan and a new certification to be submitted to DEM before the new animals are stocked.
I (we) understand that I must own or have acces to equipment, primarily irrigation equipment,
to land apply the animal waste described in this waste utilization plan. This equipment must
be available at the appropriate pumping time such that no discharge occurs from the lagoon
in a 25 -year 1 -day storm event. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACILITY OWNER: Mike Hung
J [�
SIGNATURE: V��J DATE: (— /y -�'� �IIa,
NAME OF MANAGER (if different frdm owner):
please print
SIGNATURE: DATE:
NAME OF TECHNICAL SPECIALIST: Curtis Barwick
AFFILIATION: Coharie Hog Farm
ADDRESS (AGENCY): 300 Westover Rd.
Clinton, NC 28328
92-1122
SIGNATURE: 10) DATE:
Page 9of9

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ANIMAL WASTE UTILIZATION AGREEMENT
(Needed only �fadditional land has to be leased, etc.)
)qele-- I{'er r- , hereby give 1411t, 4 g. -el
permission to apply animal waste from his Waste Utilization System on
2S acres of my land for the duration of time shown below. The field(s)
on which waste can be applied are shown on the attached map.
understand that this waste contains nitrogen, phosphorous, potassium, and other trace -
elements and when properly applied should not harm my land or crops. I also
understand
that the use of waste will reduce my need for commercial fertilizer.
r
Adjacent Landowner:
I
Waste Producer:
Technics! Representative:
SWCD Representative:
Term of Agreement:/ Gz� 9 tom
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2.)
Date: -e ay
Date: / Z - o f
Date: / o —a 1
Date:

MAR 31 2008
apmdi:_ I Lagoon Slud-E Survey Form M !
10ENR-F-ATrTWlLEREG,'0NA!GFRCE
A --a-.m Permit a DWQ Id.nti7cation Numbe* /�!. IV
E. Lagoon ldentifi=iDn._..
C. Person(s) taking lvieasttrem:nts <
D. Date D~ lviaasuret=ts -07
E. 1&thDds/Devices Usf,d for of
a. Distance from thn lagoon liquid s -face to the top of the sludge layer:
h. Dis-tamrc aom the i'agDDn U 9=- - Ce to tht bDttam (SOR) of lagoon
e. Thj clmess of the sludge lays, if mall g a direct meam remant with "cory sample ':
LagQbn Su-fanc Al -ea (using dimension at inside top Qi i�anl�): 1� _(ACTes)
(I?2u sketch of lagoon on a separate sheet and list dimeiisions; and :alculate surfimt area.)
G. Hstimiatenumber ofsarmhngpotttt. 9S -pts �•�ws
r Less than 1.33 awe: Lse 8 nq=s
b. If more than I.33 ac -7--, a=s x 6 = ��, with. =imum of 24.
(Using shntnh and dimension=_, develop a uniform "mid" fnai i?s nnn be- D, imt-mrst--non points flim mat -ch
mast clmnly with th_ csni -d mambo•, of sampling point; nc- NmnDez tae grid int-.rsectinn points on
the lagoon grid to =rand with tlL date m be rszardrd for Doig= ai ID�'u"�enr)
a. Cond=t slttdg_ su--vey and rtDDrd date on "Site Survey Da= S'nset"
L Aunt- of slvri4e -=. vey, also' me r..;n the riisunte inm the lui- tum L imlid Leval
tDi.'1_^.'-Plw=� Liquid Lev:! (mm s cit. n a: tn'_ h -DDn gap ?Dl� ):
3. Determine distance -.and MF--Hrz tm Liquid Lcvel to 2,ritnimum Liquid Levet• .
(Dnt==inc $am Plan Dr of = lagoon T--=&)
)L Calculate distanc-. from aresynt liquid su7face leusl to Minimum L iouid
level: Item J - Item T, assuming presen_ liquid level is belay MZ.. Lic. Level.•
L. Renard from sludge sr ty data shoe: tht distance from the prtscnt liquid sn- ce lsvel Z
to the lagoon bDttnm (average for all the mcasvrem_ent. points):
M. Record, from sludge stt.-vey aatx sheet the distance :�-Dm the present liquid stt_xam Lval ,-
to the top of the sludge.layer (average fm -all the measurement points): r '
N. Record 5 -Om sludge a vty data spent the averag:. thicl ntss of the sludge layer: 3 %
0. Calculate the thichess Df the e astin, Liquid T tatment Zone (Item M - Item K): 3,1
(Nate: If Item C is lass than 4 ft., F sh)dge removal and utilization plan may be required by
N. C. DWQ. See your specific p--,mt or tontactDWQ for marc information.)
P. prDCeeG tD SlUdge VDlt e worh-chse: l_ UeSL e to Ca1vL l'ciF sludge volu.� ED-. 7e-atang tar shaped
lagoon with unifo-.m side slope.
c Tple_P d b;:) L'-+SzLDate: 7
Prini'-Nre Ei--nEtut

V- a
Mike Herring Farm 82-105 12/29/2007
T D S L W
sludge layer depth slope length width
3.7 12 3 320 282
1.85
10.15
30.45
60.9
259.1 Lm
1.85
10.15
30.45
60.9
221.1 Wm
211,962 V cubic ft
1,589,715 Vg gallons

PLAN OF ACTION (POA) FOR LAGOON SLUDGE REDUCTION
Facility Number: 82-105 County: Sampson
Facility Name:_ Mike Herring
Certified Operator Name:_ Mike Herring _TOperator #: 18382
Note: A certified Sludge Management Pian may be submitted in lieu of this POA.
Compliance Timeframes:
If the sludge level is equal to or higher than the stop pump level of the lagoon or if the sludge level
results in an elevated waste analysis, a sludge management pian that meets the requirements of SB
Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to
DWQ within 180 days. Work to reduce the sludge level must begin within another 180 days.
Compliance with NRCS Standard 359 must be achieved by the expiration date of the current permit.
If the sludge level is non-compliant, but below the stop pump level of the lagoon, compliance with NRCS
Standard 359 must be achieved by the expiration date of the current permit. If future sludge surveys do
not show improvement in sludge levels, DWQ may require the owner to develop a sludge management
plan that meets the requirements of SB Interagency Group Guidance Document 1.26.
SPOA 10-1 B-04 Page 1 of 2
Lagoon 1
Lagoon 2
Lagoon 3
Lagoon 4
Lagoon 5
La oon 6
1
a. Lagoon Name/ Identifier
3.7
b. Total Sludge Depth (ft)
c. Sludge Depth to be
1
Removed for Compliance
ft
d. Sludge Volume to be
150,000
Removed (gallons)
e. Sludge PAN
NA
(lbs/1000 gal)
f. Liquid PAN
2.5
(Ibs/1000 gal)
g. PAN of Sludge (Ibs)
NA
(d x e)/1000
Compliance Timeframes:
If the sludge level is equal to or higher than the stop pump level of the lagoon or if the sludge level
results in an elevated waste analysis, a sludge management pian that meets the requirements of SB
Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to
DWQ within 180 days. Work to reduce the sludge level must begin within another 180 days.
Compliance with NRCS Standard 359 must be achieved by the expiration date of the current permit.
If the sludge level is non-compliant, but below the stop pump level of the lagoon, compliance with NRCS
Standard 359 must be achieved by the expiration date of the current permit. If future sludge surveys do
not show improvement in sludge levels, DWQ may require the owner to develop a sludge management
plan that meets the requirements of SB Interagency Group Guidance Document 1.26.
SPOA 10-1 B-04 Page 1 of 2

NARRATIVE: Use this section to describe the method(s) that will be used to lower the sludge
depth. If microbe use is planned, specify the product to be used.
Sludge will be physically removed off-site before the permit expires. A Sludge Management Plan
will be developed.
I hereby certify that I have reviewed the information listed above and included within the attached
Plan of Action, and to the best of my knowledge and ability, the information is accurate and
correct
Mike Herring _ Phone: [phone]
Facility Owner/Manager (print)
Date:
Facility Owner! ager (signature)
Return this form to:
Animal Feeding Operations Unit
NC Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
SPOA 10-18-04 Page 2 of 2

W4 is
MIKE HERRING
7520 Five Bridge Road
Clinton, NC 28328
February 26, 2007
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Sir or Madam,
This letter is regarding the 2006 Animal Facility Annual Certification Form for Mike
Herring Farm NCA282105 in Sampson County. I submit the following:
Part II , question 2: On October 19, 2006, wastewater was released from a broken air
valve at the end of my irrigation line closest to the state highway (The Avenue) that runs
directly in front of my farm. I immediately turned the pumping unit off and took a
bulldozer to berm up an area in the farm path that was allowing wastewater to reach the
highway. The wastewater traveled down the highway for a couple hundred feet, but never
reached any waters of the state and did not run off of the highway. A large portion of the
waste was absorbed by the surrounding field and path and the balance reaching the
highway. I then pumped as much wastewater as possible into a tank and emptied it back
into my lagoon. Fayetteville DWQ staff were notified of this mishap at approximately on
October 19th_
Sincere.ly,
A
Mike Herring

Michael F. Easley. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 1, 2007 T- -
Michael L Herring
Mike Herring Farm 7 �"7
7520 Five Bridge Rd
Clinton, NC 28328 - - -
Subject: Certificate of Coverage No. AWS820105
Mike Herring Farm
Animal Waste Management System
Sampson County
Dear Michael L Herring:
In accordance with your application received on 18 -Dec -06, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to Michael L Herring, authorizing the operation of the subject
animal waste management system in accordance with General Permit AWG 100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the Mike Herring Farm, located in Sampson County, with an animal capacity of no
greater than the following swine annual averages:
Wean to Finish: 0 Feeder to Finish: 3672 Boar/Stud: 0
Wean to Feeder: 0 Farrow to Wean- 0 Gilts: 0
Farrow to Finish: 0 Farrow to Feeder: 0
If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows.
Where boars are unrleccessary, they may be replaced by an equivalent number of sows. Any of the sows
may be replaced by gilts at a rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES
COC issued to this facility with an expiration date of July 1, 2007. You are required to continue
conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension
in Condition 111.19 does not apply.
Pursuant to this COC, you are authorized and required to operate the system in conformity with the
conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An
adequate system for collecting and maintaining the required monitoring data and operational information
must be established for this facility. Any increase in waste production greater than the certified design
capacity or increase in number of animals authorized by this COC (as provided above) will require a
modification to the CAWMP and this COC and must be completed prior to actual increase in either
wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is
a package containing the new and revised forms used for record keeping and reporting. Please P.
careful attention to the record keeping and monitoring conditions in this _permit.
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwater�c uality.ore Location: 2728 Capital Boulevard Raleigh. NC 27604
An Equal OpportunitylAttirmative Action Employer- 50% Recycled/10% Post Consumer Paper
I,C_aralina
Naturally
Telephone: [phone]
Fax I: [phone]
Fax 2: (919) 7154)048
Customer Service: [phone]

If your Waste Utilization Plan has been developed based on site-specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 02T.01 1 l(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 -foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall
continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS
standards and the permit is rescinded by the Division.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Aquifer Protection staff may be reached at 910-433-3300. If you need additional information concerning
this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-
3221.
Sincerely,
for Coleen H. Sullins
Enclosures (General Permit AWG 100000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Sampson County Health Department
Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files
Permit File AWS820105

December 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael L Herring
Mike Herring Farm
7520 Five Bridges Rd
Clinton, NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: Application for Renewal of Coverage for Expiring NPDES General Permit
Dear Permittee:
Alan W. Klimek, P.E. Director
Division of Water Quality
ECEIVED
DEC 0 6 2006
DHS-FA*TlFyl1J.FRMOW.: -)Mr-,
Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on
July 1, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to
retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State
Non -Discharge General Permits are available at http://h2o.enr.state.nc.us/Es/afou/downloads.htm or by writing or calling:
NCDENR - DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: [phone]
In order to assure your continued coverage under one of these two types ofegeneral permits, you must submit an application for permit
coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently Covered by an Expiring
NPDES General Permit.' The application form must be completed and returned by January 2, 2007. Please note, you must include
two (2) copies of your most recent Waste Utilization Plan with the application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the
Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures
cc (w/o enclosures): Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files - 820105
Coharie Farms
Aquifer Protection Section 1636 Mail Service Center
Intemet: www.newaterguality.org location: 2728 Capital Boulevard
An Equal OpportunitylAtlirmaWe Action Employer -50% Recycled/110% Post Consumer Paper
Raleigh, NC 27699-1636 Telephone:
Raleigh, NC 27604 Fax l:
Fax 2:
Customer Service:
N' Carolina
(9 19) Naturally
[phone]
[phone]
[phone]

ANN-INLA,L FACILITY A- NTJAL CERTIFICATION FORM
Certificate of Coverage or Permit Number �«z�7 /V �� Counry
Year 200
Facility Name (as shown on Certificate of Coverage or Permit) % , , J ;
Operator in Charge for this Facility M , j�,+. el?`, Certification m /t 3J--Z
Landapplication, of animal waste-as.all owed by..-the-above.permit.occurred-luring-the.-past_calendar. year-----.-
✓ YES NO, If NO, skip Part I and Part.TI and proceed to the certification. Also, if animal waste
was generated but not land applied, please attach an explanation on how the animal waste was handled -
Part I : Facility Information:
1. Total number of application Fields dor Pulls ❑ (please check the appropriate box) in the Certified Animal
Waste Management Plan (CAWMP): `f Total Useable,Acres approved in the CAWMP
34 Gni
2. Total number of Fields N"or Pulls ❑ (please check the appropriate box) on which land application
occurred during the year:
3
Total Acres on which waste was applied 3 ye 6
3. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites:
4. Total pounds of Plant Available Nitrogen (PAN} allowed to be land applied annually by the CAWNIl' and
the permit: 161,12-17 --
5. Estimated amount of total manure, litter and process wastewater -sold or given -to other persons and taken
off site during the year D tons ❑ or gallons ❑ (please check the appropriate box)
b. Annual average number of animals by type at this facility during the previous year:
-314--1 he'e4- to 'H-- .,s 4
7. Largest and smallest nummber.of animals by type at this facility at any one time.du=' g the previous year:
Largest _ 3; !� 7 3 -
Smallest_ 7 5.S:. t_ e4- r`b
(These numbers are for informational purposes only since the only permit limit on the number of animals
at the facility is the annual average numbers)
8. Facility's Integrator if applicable: v itzt.-, er- �s
Part II: Facility Status:
IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITTEN
DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON
COMPLIANCE,, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO.BE TAKEN TO
BRING T111S FACILITY BACK INTO COMPLIANCE.
1. Only animal waste generated at this facility was applied to the permitted sites during ' , Yes No
the past calendar year.
RECEdVE�
AFACF 3-14-03 1
DFNR - FA1 EiT'EVLLE REGIONAL DFRCE

?.
The facility was operated in such a way that there was no direct runoff of waste from
�FY es ❑ No
the facility (including the houses, lagoons/storage ponds and the application sites) during
the past calendar year.
;.
There was no discharge of waste to surface water from this facility during the past
ZYes ❑ No
calendar year.
4.
There was no freeboard violation in any lagoons or storage ponds at this facility during
EYes ❑ No
.the past .calendar. -year. -
5.
There was no PAN application to any fields or crops at this facility greater than the
F(Yes ❑ No
levels specified in this facility's CAWMP during the past calendar year.
RYes
b.
All land application equipment was calibrated at least once during the past calendar year-
❑ No
7.
Sludge accumulation in all lagoons did not exceed the volume for which the lagoon
2/Yes ❑ No
= was designed or reduce the lagoon's minimum treatment volume to less than the volume
for which the lagoon was designed.
8.
A copy of the Annual Sludge Survey Form for this facility is attached to this Certification.
L►d Yes ❑ No
12/
9.
Annual soils analysis were performed on each field receiving animal waste during the
L/ Yes ❑ No
past calendar year.
10. Soil pH was maintained as specified in the permit during the past calendar Year?
�Ys ❑ No
11.
All required monitoring and reporting'was performed in accordance with the facility's
;Xyees❑ No
permit during the past calendar year.
12. All operations and maintenance requirements in the permit were complied with during E<Yes ❑ No
the -past calendar year or, in the case of a deviation, prior authorization was received
from the Division of Water Quality.
13. Crops as specified in the CAWMP were maintained during the past calendar year on all L' Yes 11 No
sites receiving animal waste and the crops grown were removed in accordance with
the facility's permit.
14. All buffer requirements as specified on the permit and the CAVJrW for this facility were ?-Yes ❑ No
maintained during each application of animal waste during the past calendar year.
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
`.' G A j // AVIAN:.
ttee Name and Title (type or print
ignature of Permittee
Signature of Operator in UarQe
(if different from Permittee)
AFACF 3-14-03 2
,.2S--04
Date
.2--2-3 =nli
Date

Appendix 3. Lagoon Sludge Survey Form
A. Farm Permit or DWQ Identification Number /%rl. K ( Me /,C'S
B. Lagoon Identification
C. Person(s) taking Measurements
D. Date of Measurements 12
E. Methods/Devices Used for Measurement of:
a. Distance from the lagoon liquid surface to the top of the sludge layer-
b.
ayerb. Distance from the lagoon liquid surface to the bottom (soil) of lagoon:
c. Thickness of the sludge layer if mall- ng a direct m asurement with "core sampler":
F. Lagoon Surface Area (using dimensions at inside top of bank): d. 0 (acres)
(Draw sketch of lagoon on a separate sheet and list dimensions, and calculate surface area.)
G. Estimate number of sampling points:
a. ' Less than 1.33 acre: Use 8 points
b. If more than 1.33 acre, d acres x 6 = with nu x;rnum of 24.
(Using sketch and dimensions, develop a uniform "grid" that has number of intersection points that matcb
most closaly with the estimated number of sampling points needed. Number the grid intersection points on
the lagoon grid to correspond with the data to be recorded for points of measurement.)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" -
1. At time of sludge survey, also measure the distance from the Maximum Liquid Level 7
to.the Present Liquid Level (measure at the lagoon gage pole):
J. Determine distance from Maximum Liquid Level to Minimum Liquid Level: � Z
(Determine from Plan or other lagoon rcrords)
K. Calculate distance from present liquid surface level to Minimum Liquid
level: Item 3 - Item I, assuming present liquid level is below Max. Liq. Level:
L. Record from sludge survey data sheet the distance from the present liquid surface level
to the lagoon bottom (average for all the measurement points): �.
M. Record from siudge survey data sheet the distance from the present liquid surface level
to the top of the sludge layer (average for all the measurement points):
N. Record from sludge -survey data sheet the average thickness of the sludge layer: 3. Y
O. Calculate the thickness of the existing Liquid 'Treatment Zone (Item M - Item In: !. �
(Note: If Item O is less than 4 ft., a sludee removal and utilization plan may be required by
N. C. DWQ. See your specific permit or contact DWQ for more information.)
P. Proceed to Sludge Volume Wod:sheet-if desire to calculate sludge volume for rectangular shaped
lagoon with uniform side slope.
Completed by:) �' s % ,� ,, c �, _ Date: / z -/-? -t,-
Prim Name rgnature RECErl rED-
i,-.,
D
1 1!
i ,� Lu
DENR-FAYGfTV11 LE REGIONAL OFFICE 1 13

Irrigation Equipment Field Calibration Form
Location:' !�j u� t{err f2 /C Sr
. Date -of Field Calibration:
s (rnm/dd/vv)
Flow Meter Serial Number: _0 6 1� 0- 2 9-0 3 (FM 6-5-J)
Equipment Number:
Measured ring size: ✓ inches
Is ring size within 0.01" of original manufactured size?
✓.y~o-s orNo. If not replace ring.
Pressure Gauge Readings At Pump: „j/0 psi
., At Traveler:S� w psi (if applicable)
At Sprinkler/Gun: s`i psi
Expected Flow Rate (from -manufacturers chart). 174 GPM --
Measure Flow Rate (from flow meter). GPM
Flow rate variance greater than 100A
Yes No ,i
Expected Wetted Diameter (from the wettable acres determination) : 16 a
Measured Wetted Diameter: -2 '�' 3 ft.
Wetted diameter variance great;an 15% &/or measured flow variance greater than
10%%: Yes No : ✓if Yes, then contact a technical specialist or irrigation
dealer for assistance, enter work order number.
And/or explain findings:
Calibrator: �.
(Sig arure)
4rrigalion Equipmtnt Field Calibration Form 4-1-03.doc
a
Retention Pcriod: 3 years
�ONk
y
f�
a
Retention Pcriod: 3 years
�ONk

DRI LOU
RE I I L.0C°
1-919-735-1651
1-800-672-3106
1-919-735-9946 FAX
-32d
COASTAL METAL SERVICE
P.O. Box 126, Goldsboro, N.C. 27533
t'
i
-7
5-
- ---- -----
RE
DRI LOU
RE I I L.0C°

Appendix 4
Sludcie Survey Data Sheet
Lagoon ID
Mike Herring
Completed by
Curtis G Barwick
Date 12/13/2005
8" to max. liquid level
A
B
C
C-B
Grid Pt. Dist. To
top of sludge
Dist to lagoon bottom
Thickness of sludge layer
feet(tenth)
feet(tenth)
feet(tenth)
1
5.0
8.0
3.0
2
3.4
7.2
3.8
3
3.6
8.5
4.9
4
4:8
8.5
3.7
5
6.5
9.5
3.0
6
6.7
9.5
2.8
7
6.6
9.5
2.9
8
6.5
10.2
3.7
9
6.0
9.5
3.5
10
6.5
9.6
3.1
11
6.1
9.9
3.8
12
6.4
9.5
3.1
13
0.0
14
0.0
15
0.0
16
0.0
17
0.0
18
0.0
19
0.0
20
0.0
21
0.0
22
0.0
23
- 0.0
24
0.0
AVERAGE
5.7
9.1
3.4

MIKE HERRING
7520 Five Bridge Road
Clinton, NC 28328
Mr. Ricky Revels
NC Division Of Aquifer Protection
225 Green St.
Suite 714
Fayetteville, NC 28301
Dear Mr. Revels,
OCT 2 6 2006
OENR-FAYEREIILLE REGIONAL ORFICE
This letter is regarding the Mike Herring Farm NCA282105 in Sampson County.
On October 19, 2006, at approximately 2:30 pm, I started the irrigation pump at this
farm. After the pump had been running about three minutes, I saw water spraying in the
air from a broken air valve at the end of my irrigation line closest to the state highway
(The Avenue) that runs directly in front of my farm. I immediately turned the pumping
unit off and took a bulldozer to berm up an area in the farm path that was allowing
wastewater to reach the highway. The wastewater traveled down the highway for a
couple hundred feet, but never reached any waters of the state and did not run off of the
highway. I estimate that approximately 490 gallons of waste was pumped during the three
minutes in question with a large portion of that being absorbed by the surrounding field
and path and the balance reaching the highway. I then pumped as much wastewater as
possible into a tank and emptied it back into my lagoon. You were notified of this mishap
at approximately 2:50 pm on October 19th.
I deeply regret that this incident occurred and in the future I will check all risers and air
valves before starting my irrigation pump.
If you have any more questions concerning this incident, please contact me at 910 385-
7467. 1 appreciate the professional manner in which you conducted your inspection of my
farm yesterday and look forward to working with you again in the future.
Sincerely,
Mike Herring
%o -Lc,-200 b

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Herring
7520 Five Bridge Road
Clinton, NC 28328
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Mike Herring Farm
Facility Number 82-105
Sampson County
Dear Mr. Herring:
Alan W. Klimek, P.E. Director
Division of Water Quality
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.
VMW
NCDEN.R
Customer Service: Mailing Address: Telephone: [phone] Location:
1 600 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
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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.
Sere y,
L /
'Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-105
Non -Discharge Compliance and Enforcement Unit
Central Files

May 6, 2003
Mr. John Hasty
NC Division of Water Quality
225 Green Street
Suite 714 ,
Fayetteville, NC 28301-5043
Dear John,
DEN
ti's®
In regards to a Notice of Violation/Request for Information received from Alan Klimek
dated April 16, 2003 concerning Mike Herring farm, facility number 82-105, I enclose
the following items:
Irrigation records for the previous twelve months
Weekly freeboard levels for the previous twelve months
Rainfall data
Current lagoon level, according to the lagoon markers is 24" of freeboard.
The cropping system is in place as per our waste plan.
Irrigation occurred as soon as weather and soil conditions were favorable for application
and in accordance with permit requirements.
The lagoon level is not presently in violation of permit requirements.
I irrigated only when weather and soil conditions were favorable and so as not to
experience run-off or ponding. I cannot insure that this lagoon will never experience a
freeboard violation in the future. However, you are aware of the past management of my
farm and realize that I am working, to the best of my ability, to meet and exceed permit
requirements.
If you have any questions, do not hesitate to contact me at 910 564-6943
Sincerely, +�
�L� J
Mike Herring

CSF
C'ERTIF'IED MAIL
RETURNRECEIPT REQUESTED
Mn(E HERmG
7520 Fm BRIDGE ROAD
CLtNMN NC 28328
Dear Mike Herring:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2003
�l �p
292003
Subject: Notice of Violation and Revocation for Nonpayment
Mike Herring Farm
Permit Number: AWS820105
Sampson County
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 112111999.
Your annual permit fee for the period of 1/21/2003 - 1/20/2004 is $150.00. Your payment was due 319/2003.
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 and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
LFFettevonalille RegiOffice
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%, recycled 110% post -consumer paper

O�O� WA
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7
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1
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mike Herring
7520 Five Bridge Road
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Mike Herring Farm
#82-105
Sampson County
Dear Sir or Madam:
April 16, 2003
R 232003
On March 21, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on January 21, 1999. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction-,
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
;WI
As
N�—
CDAM
Customer Service. Mailing Address: Telephone [phone] Location,
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr. s to te. nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit,, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
DIVISION OF WATER QUALITY
August 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Herring
7520 Five Bridges Road
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Mike Herring Farm
Facility No. 82 -105
Sampson County
Dear`Mr. Herring:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On August 13, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
inspection of the Mice Herring Farm in Sampson County. The inspection revealed that the aluminum irrigation pipe needed
Fepair after observing wastewater ponding in the diversion ditch adjacent to the piping. In addition, goose grass
competition was observed in the newly planted bermuda field.
The Division of Water Quality requests that the following items be addressed:
Conduct an inspection of the portable aluminum irrigation pipe prior to and during the irrigation event to identify„
faulty seals and possible leaks in the pipe for repair and or replacement to prevent a possible discharge event'.. .
2. Continue efforts to control the goose grass competition in the waste application field through frequent cutting and
possible chemical treatment if available.
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
oc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson County MRCS
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet: ww.enr.state.nc.us/ENR
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper