820106_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qual

io�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVIL.LE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 31, 1999
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Dr. Garth Boyd
Murphy Family Farms
P. O. Box 759
Rose Hill, NC 28458
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Kerr Farm
Facility No. 82-106
Sampson County
Dear Dr. Boyd:
You are hereby notified that, having been deemed 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 211
.0217 Permit.
On August 16, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of the Kerr Farm in
Sampson County. The inspection revealed that the application fields had a
poor to nonexistent bermuda stand. This has been noted in previous
inspections and the Division feels that this must be addressed as it is required
by the CAWMP to effectively take up the nutrients produced at this facility.
The inspection also revealed that pulls five and six had been over applied on
by six pounds on a winter overseed and had not been reported as required by
the General Permit. Section III : Monitoring and Reporting Requirements,
Number 6.: Regional Notification. Which states: 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 any of
the following events: f. Over applying animal waste either in excess of the
limits set out in the CAWMP or where runoff enters surface waters.
225 GREEN STREET, SUITE 714, FAYETTEVELLE, NORTH CAROLINA 26901-5049
PHONE [phone] FAX 8t0-496-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - $0% RECYCLED/10% POST -CONSUMER PAPER

j
Dr. Boyd
8-25-99
Page 2
The Division of Water Quality requests that the following item(s) be addressed:
1. Establish an acceptable bermuda crop on the application fields, as required by the CAWMP,
to effectively take up the nitrogen produced at this farm.
2. Prevent over application to receiving crops as stated in the CAWMP and the General Permit.
Failure to comply with the above condition(s) may result in the facility losing it's deemed
permitted status 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 $10,000.00 per day per
violation.
Please provide a written response to this office on or before September 17 1999 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-
1541
Sincerely,
�1�
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

F A M I t Y F A R M$
NCDEHNR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Violation for Facility Number 82-106
September 13,1999
Dear Mr. Hasty:
In response to your August 31, 1999 letter concerning the Kerr Farm:
1. The sprayfields in question contain a mixture of bermuda and crabgrass. According to staff
Technical Specialist and nutrient plan author Kraig Westerbeek, Dr. Green of NCSU during
SB1217 committee sessions affirmed that grass mono -cultures were neither achievable nor
necessary and any warm season grass is acceptable in a mixed field with bermuda, and crabgrass
effectively utilizes the same PAN targets and growing season as bermuda. Upon your directive,
we will reluctantly eliminate the crabgrass (cattle love it) with MSMA in the spring; please let us
know by February 2000.
2. This farm was sprigged in Spring '97 and again in June '98 acting in response to an earlier DWQ
request. Good quality hay has been harvested and nutrients removed each season.
3. The waste utilization plan (attached) indicates application windows of Sept. -April for small grain
and March -Oct. for bermuda. I directed OIC Margaret Battelle to switch over to bermuda in March
when her small grain target was fully reached in accordance with the plan. Her last application to
field 4 on March 20 and to field 3 on March 29 should have been and is now applied to the '99
bermuda crop (see IRR -2s attached). However, even if this was not done, the last application
exceeded the target by less than 20 percent and since it is an acute situation as defined by
, V
Preston Howard (see attached memo) it does not qualify as a NOV.
j a Had we been informed during or after the inspection that a NOV would be issued, we would have
immediately called to dear up any confusion and present the relevant facts. In light of the above stated facts,
we respectfully request this NOV be rescinded
If you have any questions or concerns please contact John Bizic, Paul Faircloth, or Kraig Westerbeek at
910-289-6439.
Sincerely,
2c*John
Land and Nutrient Manager
Cc: Garth Boyd, Paul Fairdoth, Audrey Oxendine- Soil and Water Conservation — Fayetteville Region,
Sonya Avant- DWQ Compliance Group. Attachments(5)
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

• Kerr
Amount of Waste Produced Per Year(gallons, fr, tans etc.)
animals Xa(a waste/animal/year =130; (auk) waste/year.
Amotint of Plant Avaflable Nitrogen (PAN) Produced Per Year
4156. animals X13lbs. PANlanimal/year = ( fel lbs. PAN/year. (PAN from N C. Tech.
Guide Std 633)
Applying the above amount ofwaste is a big job. You should plan time and have
appropriate equipment to apply the waste in a timely manner.
The foIlowing acreage wtil be needed for waste application based on the crop to be grown
and srrl &ce application:
Table I: ACRES OWNED BY PRODUCER
Tract Field soil Crop Lbs. N Acres Lbs. N Month of
rr No. Type Per Ac. * Wized Appricadon
r 1 Aa 19 (A I
tl,
10.o
J75
.,J,-Oe4-.
/r a R -L r.,ka ((A
Zd5
-1 C>
QlU)5
Lwu MI,- 0-+
f A I ens H
3QS
1 F .5
Z59V
est LeA cru .
NQS
i g7
fo
c%-0-4.
r R r IrV • I �7/w.A
5
f+l `• A�
� f W
y 1
Total 1 31.E 119
* This N is from animal waste only. If nurrients frpm other sources such as comwercial
fertilizer are applied, they must be accounted fora N must be based on realistic field
�yedation. '
NOTE= The applicator is cautioned that P and K may beaver applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in
some eastern counties of North Carolina to have a nutrient management plan that addresses
all nutrients. This plan only addresses Nitrogen.

WASTE UTILIZATION PLAN AGREEMENT
Marne of Farm: Ke-v-,r--
OwnerlManager
Agreement
I (we) understand and wN follow and dement the specification and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion t+j the existing design capacity of the
waste treatment and storage system or construction of new facHities wM require anew
certification to be submitted to the Division of Environment Management (DEM) before
the new animals are stocked I (we) also understand that there mug be no discharge of
animal waste from this system to surface wasters of the state from a storm event less
severe than the 25 -year, 24-hour storm. The approved plan will be fled on-site at the
farm office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner. A �n "OL � wti 1 1 eO'I�++NS
(Please print)
Si�ature: Date: II y 7
Name ofM ger(Tf different from owner):
Signature:
Date:
Name of Technical Specialist (Please print) l �� a W e6�" -e
n ii1 rip9 ,
Address (Agency):
Signaru

I
'Form JRR-k
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pyo I
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ell?
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Lacdootl Liquid Irritllwon Field Rcrcord
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Hold alta (nrre5) =. (A) :�Q, � �•
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Crop Cycle Totals
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Owner's Signalure Olrelalar's 51911tiule
1.
Certified Operator (Print)
Ormalor Celllllcalian #
' Sea your animal wasla nlanagnrrrard plan ror aamnllrofrenunnry Al �! �!;; niuu. i. 3s�!!f,^.7', a �7; 1','.4 .s 14 ial+ri alq,llcauon everds.
- 'ger Frye %[V,VZ6 4V !.ULkdW1i%culunu, (IU) born IIS). Canlhms subtracting colt" 1111 (10) haal colrmx, (If) Followlrlg Rami nllpllcaflan orad.
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Form dRR-k
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e �CrAJ�
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Field Sizo (1]c(es) = (Al
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to
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C citified Operator (PrW) _ _ Y^ Opeialar Cel lilicallon A
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iiia VAM luceivea cy subirsellog culivnn ON loom it]). CoMknm anblonellirci colvnui (In) firim eolunuT (111 lollowblg ecn% apprkallorr evert.
S

t,'HUNT ift
z NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
September 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Dr. Garth Boyd
Murphy Farms
P.O. BOX 759
Rose Hill, NC 28458
Subject: NOTICE OF DEFICIENCY
Kerr Swine Farm
Facility No. 82-106
Sampson County
Dear Dr. Boyd:
On September 7, 2000, staff from the Fayetteville Regional Office of
the Division of Water Quality conducted an annual inspection of the Kerr
swine farm located off SR 1163 in Sampson County. The inspection
revealed that the bermuda crop was poor to nonexistent and had not been
cut and removed this season resulting in considerable competition. In
addition, the IRR -2 forms must be maintained by pull acreage rather than
field acreage.
The Division of Water Quality requests that the following items be
addressed:
1. Begin efforts to improve the coastal bermuda grass stand by cutting
and removing regularly.
2. Begin maintaining waste application records by pull on IRR -2 forms.
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109e' POST -CONSUMER PAPER

Dr. Garth Boyd
Page 2
September 11, 2000
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 525,000.00
per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact me
at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

L
i' f I�
t ii r
F A M I L Y F A R M S
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Deficiency for Facility Number 82-106
SEP 2 G 2000
Dear Mr. Heath: September 18, 2000
In response to your September 11, 2000 letter concerning the Kerr Farm:
1. The sprayfields in question contain a mixture of bermuda and crabgrass. The
soil is poor and we have applied little nitrogen compared to the recommended
loading (46,158,173,90,114,& 64 LBS. PAN for the six pulls, see attached).
This results in low grass production and quality. However, we have baled hay
since your visit. In the Spring, we plan to supplement our nutrient applications
to increase the productivity and quality of the stand.
2. Irrigation records are currently being maintained by pull.
If you have any questions or require further action please contact John Bizic, Paul
Faircloth, or Kraig Westerbeek at 910-289-2111.
Sincerely,
6John Bizic
Land and Nutrient Manager
Cc: Garth Boyd, Paul Faircloth, Farm File
Attachments (7)
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

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MR. HENRY P. LUCAS
2000 NEW HOPE CHURCH ROAD
TURKEY, NC 28393
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NCDEQ--DIVISION OF WA -I ' A dIAZCES
ATTN: BILL DUNLAP `c EIVED
225 GREEN STREET, SUITE E 714
FAYETTEVILLE NC 28301-5095 APR 2 5 2017
USPS TiRACKING# DEO-FAYETTEVILLE REGIONAL OFFICE
IIII/11 I 1111111111111111)111)iiiiii"H'Il)11
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•
ROY COOPER
• ,l ;h Governor
MICHAEL S. REGAN
Secretary •
- -- -S..-J-AY_ZIM-M.ERM-AN-- -,.
Water Resources nirecTor `
ENVIRONMENTAL QUALITY
. I
__..-. • Certified'Mail*7010 3090 00013169 5045' - -
• • -.Return Receipt Requested -
_. --.. -
J .
-
April,19, 2017
Mr. Henry P. Lucas - .1 • •
2000 New Hope Church Road '
Turkey NC.28393 '
Subject: -. NOTICE OF DEFICIENCY .
- . • . • Henry P. Lucas . •••
Permit# 82-010 8 •t-
. Sampson County ' * -, . '
Incident#201700564 --
NOD -2016-LV-0044
. Dear Mr. Lucas: f •
•
On March 24,2017 staff of the NC Division of Water Resources (DWR), Water Quality •
Regional Operations Section(WQROS) conducted a routine inspection of your permitted Swine
Facility. We wish to thank Mr. Phillip Sanderson for his cooperation during this inspection. •
r
As a result of this inspection,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 1: .
. Failure to obtain and provide for inspection a yearly sludge survey and/or extension for each
.lagoon on your farm. • .
Required Corrective Action for Deficiency 1: . '
Within 30 days provide this office with a written copy of a sludge survey performed within,the ,
last calendar year. Failure to comply with this request may result in a NOTICE-OF VIOLATION
and a monetary fine. , • .
t -.t'iotl;ir\1 CnIT1pa1'es- ..
State of North Carolina I Water Resources I Regional Operations Section I Fayetteville Regional Office
225 Green Street,Suite 714 I Fayetteville,North Carolina 28301 .
910 433 3300 I Fax [phone] I www.ncwater.org/pws/

If you have any questions concerning this Notice, please contact me at(910) 433-3334
Sincerely,
Billy A. unlap
• Environmental Specialist, CAFO Inspector
NCDEQ-Division of Water Resources
Water Quality Regional Operations Section
Fayetteville Regional Office
cc. Sampson County Soil and Water.Conservation District
0- urphyz_Brown/Smi-t—1 f eld
r

'i. P i V'v`S'" (1 1 Ile-'1 I t IS1.4
i Division of Water Resources
Facility Number TSTI - I&8 0 Division of Soil and Water Conservation
0 Other Agency
Type of Visit: G- mmpliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
g Reason for Visit: outine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit:[-AqprAtif 7 Arrival Time: AO- Departure Time:raimAg County: S ti4A.
Region:-
Farm Name: /IL Lµcs //z Owner Email:
Owner Name: il t i Al Lez-ii Phone:
Mailing Address:
Physical Address: '
•
Facility Contact: e�1,a,�� �f S o�^ Title: Phone:
Onsite Representative: ` Integrator:
V ( [3
Certified Operator: Certification Number:
Back-up Operator: Certification Number: •
Location of Farm: Latitude: Longitude:Ce d( c, `t e• S c-k- “-1 i 40 ) tl- -c)1 -e �'�J- f t.. 4 tv` -4 fq 00 4-6(`l_'LV1_°641(
a Ids, ik.G,cot w* z.a G1 p b 5$V
Design Current Design Current Design Current
Swine Capacity Pop. Wet Poultry Capacity Pop. Cattle Capacity Pop.
Wean to Finish Layer Dairy Cow
Wean to Feeder Non-Layer - Dairy Calf
Feeder to Finish I' "(iv 4 Vo Dairy Heifer
Farrow to Wean Design Current Dry Cow
Farrow to Feeder Dry Poultry Capacity Pop. Non-Dairy
Farrow to Finish Layers _ _ Beef Stocker
Gilts Non-Layers Beef Feeder
' Boars Pullets Beef Brood Cow _
Turkeys
•
Other Turkey Poults
Other - Other
Discharges and Stream Impacts
1.Is any discharge observed from any part of the operation? ❑ Yes o ❑ NA ❑ NE
Discharge originated at: ❑ Structure. ❑ Application Field ❑ Other: -
a. Was the Conveyance man-made? ❑ Yes ❑ No g-NA ❑ NE
b. Did the discharge reach waters of the State?(If yes,notify'DWR) ❑ Yes El No 4A ❑ NE Q
c. What is the estimated volume that reached waters of the State(gallons)?
d. Does the discharge bypass the waste management system?(Ifyes,notify DWR) ❑ Yes ❑ No Er-NA ❑ NE
2.Is there evidence of a past discharge from any part of the operation? ❑ Yes'' Q�Qo ❑ NA ❑ NE
3.Were there any observable adverse impacts or potential adverse impacts to the'waters .` ❑ Yes ENo ❑ NA ❑ NE
of the State other than from a discharge?,;, ' • . -
Page 1 of 3 a( - 2/4/2015 Continued

Facility Number: r),z /0,r Date of Inspection: Z!6 /y
Waste Collection&Treatment a
4.Is storage capacity(structural plus storm storage plus heavy rainfall)less than adequate? ❑ Yes R-2do Q NA ❑ NE
a.If yes,is waste level into the structural freeboard? ❑ Yes ❑ No 0-15A ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: 4) -60 "/\3(
Spillway?:
Designed Freeboard(in):
Observed Freeboard(in): a /
5.Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes �No El NA ❑ NE
(i.e.,large trees,severe erosion,seepage,etc.)
6.Are there structures on-site which are not properly addressed and/or managed through a ❑ Yes 10 El NA El NE
waste management or closure plan?
If any of questions 4-6 were answered yes,and the situation poses an immediate public health or environmental threat,notify DWR
7.Do any of the structures need maintenance or improvement? ❑ Yes Er No ❑ NA ❑ NE
8.Do any of the structures lack adequate markers as required by the permit? ❑ Yes EiNo ❑ NA ❑ NE
(not applicable to roofed pits,dry stacks,and/or wet stacks)
9.Does any part of the waste management system other than the waste structures require ❑ Yes IfiNo ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10.Are there any required buffers,setbacks,or compliance alternatives that need ❑ Yes 'ZINo ❑ NA ❑ NE
maintenance or improvement?
11.Is there evidence of incorrect land application?If yes,check the appropriate box below. ❑ Yes No El NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload El Frozen Ground El Heavy Metals(Cu,Zn,etc.)
El PAN El PAN> 10%or 10 lbs. ❑ Total Phosphorus El Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window El Evidence of Wind Drift El Application Outside of Approved Area
12.Crop Type(s): ' e f ti 1-t S 60 c
13. Soil Type(s): W
14.Do the receiving crops differ from those designated in the CAWMP? ❑ Yes 2-No ❑ NA ❑ NE
15.Does the receiving crop and/or land application site need improvement? El Yes 2•No ❑ NA ❑ NE
16.Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes 0-No ❑ NA ❑ NE
acres determination?
17.Does the facility lack adequate acreage for land application? ❑ Yes ®-No ❑ NA ❑ NE
18.Is there a lack of properly operating waste application equipment? ❑ Yes 01clo ❑ NA El NE
Required Records&Documents
19.Did the facility fail to have the Certificate of Coverage&Permit readily available? ❑ Yes ErNo ❑'NA El NE
20.Does the facility fail to have all components of the CAWMP readily available?If yes,check ❑ Yes [/]No ❑ NA ❑ NE
the appropriate box.
❑WUP El Checklists El Design ❑Maps ❑Lease Agreements ❑Other:
21.Does record keeping need improvement?If yes,check the appropriate box below. El Yes ErRo El NA El NE
El Waste Application ❑Weekly Freeboard El Waste Analysis ❑Soil Analysis ❑Waste Transfers ❑Weather Code
❑Rainfall ❑Stocking El Crop Yield ❑120 Minute Inspections El Monthly and 1"Rainfall Inspections El Sludge Survey
22.Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ NA ❑ NE
23.If selected,did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes le No ❑ NA ❑ NE
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Facility Number: �� /c [Date of Inspection Cf)Z (11 7
24.Djd the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes 131Crii— ❑ NA ❑ NE
25.Is the facility out of compliance with permit conditions related to sludge? If yes,check ❑ Yes Ei-.31zlic ❑ NA ❑ NE
the appropriate box(es)below.
❑Failure to complete annual sludge survey ['Failure to develop a POA for sludge levels
❑Non-compliant sludge levels in any lagoon
List structure(s)and date of first survey indicating non-compliance:
26.Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes 10 ❑ NA ❑ NE
27.Did the facility fail to secure a phosphorus loss assessments(PLAT)certification? ❑ Yes No ❑ NA ❑ NE
Other Issues
28.Did the facility fail to properly dispose of dead animals with 24 hours and/or document ❑ Yes la< ❑ NA ❑ NE
and report mortality rates that were higher than normal?
29.At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes co ❑ NA ❑ NE
If yes,contact a regional Air Quality representative immediately.
30.Did the facility fail to notify the Regional Office of emergency situations as required by the ❑ Yes �No ❑ NA ❑ NE
permit?(i.e.,discharge,freeboard problems,over-application)
31.Do subsurface tile drains exist at the facility?If yes,check the appropriate box below. ❑ Yes No ❑ NA ❑ NE
❑Application Field ❑ Lagoon/Storage Pond ❑ Other:
32.Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes �o ❑ NA ❑ NE
33.Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative? ❑ Yes 121 .o ❑ NA ❑ NE
34.Does the facility require a follow-up visit by the same agency? ❑ Yes ®-No ❑ NA ❑ NE
Comments(refer to question#):Explain any YES answers and/or any additional recommendations or any other comments.
Use drawings of facility to better explain situations(use additional pages as necessary).
Cat 1 � I.-SA1
rPe(/‘-
C-61( -1: 10 3 03_6 rs-
Reviewer/Inspector Name: • 't b\ Phone: ttA `')331(
Reviewer/Inspector Signature: �_� ��� Date:)� I 1
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