820299_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

1
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
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[D1HHNF;Z
DIVISION OF WATER QUALITY
May 7, 1997
Mr. Bryan King
1746 Rowan Road
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Cripple Creek Swine Facility
Registration No. 82-299
Sampson County
Dear Mr. King:
On April 28, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Cripple Creek swine facility. It was observed that the small grain
overseed has been allowed to head (seed) and was shading out the bermuda grass.
The inspection revealed that the Certified Animal Waste Management Plan (CAWMP)
required the small grain overseed to be removed as hay prior to seeding. Based on this
statement, there is some concern that the existing rye crop may adversely impact the the
bermuda grass. It is strongly recommended that you contact a technical specialist for
assistance concerning crop management.
Please notify this office in writing on or before May 30, 1997 at the address below as to
the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter
should be taken as absolving this facility of the responsibility and liability of any violations
that have or may result from these deficiencies. If you have any questions concerning this
matter, please call Ed Buchan or Bob Heath, at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS
Wachovia Building, Suite 714, Fayetteville - FAX [phone]
North Carolina 28301-5043 Niig C An Equal Opportunity Affirmative Action Employer
Voice 910-4135-1541 a 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bryan & Ben King
1746 Rowan Rd
Clinton NC 28328
Dear Bryan & Ben King:
IIQN�F LT?WA
'A4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANIS NATURAL RESOURCES
March 3, 1998 RECEIVED
MAR 5 1998
�C�RE
Subject: Notice of Violation and Revocation for Nonpayment
Cripple Creek Farms
Permit Number: AWS820299
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 1212197.
Your annual permit fee for the period of 12/2/97 - 1211198 is $100.00. Your payment was due 2/8/98. 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
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Sampson County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
A:'Pre
Telephone [phone] FAX [phone]
50% recycled / 100% post -consumer paper

r NCDENR
r •�
JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
KERR T. STEVENS
DIRECTOR
l
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 14, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ben King
1746 Rowan Road
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Cripple Creek Farms
Facility No. 82- 299
Sampson County
Dear Mr. King:
On October 27, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County. The Certificate of Coverage (COC) and General Permit were not on the farm site
for review. General Permit condition 1.4 states that "A copy of this General Permit, COC,
certification forms, lessee and landowner agreements, and the CAWMP shall be readily
available at the farm (stored in places such as the farm residence, office, outbuildings, etc.)
where the animal waste management activities are being conducted for the life of this
permit.". The weekly freeboard levels, if being maintained, were not available for review
at the lime of the inspection. General Permit condition I11.2 states that "Waste lagoon and
storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ.".
The Division of Water Quality requests that the following items be performed:
1. Maintain a copy of the COC and the General Permit on the farm site.
3. Immediately begin recording weekly freeboard levels in order to be in compliance with
the General Permit. If records were being maintained, please enclose a copy of the records
in your response.
225 GREEN STREET, SUfTE 714 / SYSTEL BLD. FAYETTIV1LLE, NORTH CAROLINA 28301-5043
PNONE 910-406-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Cripple Creek Farms
January 14, 2000
Please notify this office in writing on or before February 4, 2000 at the letterhead above as to the
actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have or may result from these
deficiencies. If you have any questions concerning this matter, please do not hesitate to contact myself at
[phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Bryan Spell - Dogwood Farms, Inc.

W A TF
Michael F. Easley. Governor
� 9nG
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
p
Coleen H. Sullins. Deputy Director
Division of Water Quality
November 13, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ben King
346 MLK Boulevard, Suite 95
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Ben King Farm
Facility No. 82-299
Sampson County
Dear Mr. King:
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 July 22, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located in Sampson County. During
that routine inspection, it was noted that the facilities recordkeeping was not in order. Records of
applications, samples, and lagoon levels must be taken as required by the NPDES Permit and
failure to do so is a violation of a permit condition. The deficient record keeping condition
identified was to fill out IRR -1 forms for irrigation events and to keep a copy of these forms with
the farm paperwork. In addition the applications made to rye with Pull 4A on May 5ffi and May
26`h of 2003 are outside of the approved application windows. The inspection also details over
applications of P.A.N. to the rye over seed, in the month of April, in the amounts of 7.9, 1.0, and
I I lbs. on pulls 5A, 5B, and 5C respectfully. Please be advised that such over applications are
inconsistent with your Waste Utilization Plan. Further evaluation of this matter may be conducted
in the future.
The Division of Water Quality requests that the following items be addressed:
1. Improve recordkeeping by following permit guidelines for applications, samples, lagoon
levels and new approved forms. IRR 1 forms must be filled out and retained.
2. Avoid overapplication of P.A.N. by following cropping windows in CAWMP. WKW
06 R
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 2 830 1-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

Mr. King
11-13-03
Page 2
3. Follow conditions and requirements of your CAWMP. Any deviation from your CAWMP
should involve a technical specialist.
Failure to comply with the above conditions may result in the facility losing its General
Permit and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
If you have an explanation for this violation that you wish to present, please respond to this
office by December 5, 2003.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Larry Baxley, Environmental Specialist, or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh
awe
NM NOR
N. C. Division of Water Quality 225 Green Street Fayetteville. North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-577-623-6748

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
October 6, 2003
Ben King
346 MILK Boulevard, Suite 95
Clinton, North Carolina 28328
SUBJECT: Operation Review Notice of Referral for
Ben King Farm,
Facility Number 82-299
Sampson County
Dear Mr. King,
NCDENFI
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
On July 22, 2003, an operation review was conducted of Ben King Farm, facility number 82=
299, in Sampson County. This review, undertaken in accordance with G.S. 143-215.10D, is
one of two routine site visits scheduled for all subject animal operations in 2003. Staff from
the Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following items were noted:
• Over application to the small grain crop. Pull 2C was over applied on at a rate of 10.5
pounds of nitrogen. The over applied amount was greater than 10% allowed by the
waste plan and requires a notice of referral to the Division of Water Quality.
• Swine waste application outside of approved crop application windows. Application
amounts and timing are as follows:
Pull
Application Amount
Application Date
Crop
5A
57.9
4116103 & 4117103
Rye
5B
51
4116103 & 4117103
Rye
5C
61
4116103 & 4117103
Rye
4A
36.85
5/5103
Rye
4A
44.22
5/26103
Rye
225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Mr. Ben King
October 6, 2003
Page 2
It was for these reasons that your operation was referred to the Division of Water Quality for
further investigation and possible enforcement action. G.S. 143-215.10E requires staff from
the Division of Soil and Water Conservation to notify the Division of Water Quality and the
owner/operator of these observed violations.
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any
questions, concerns or need additional information.
Sincerely,
aLJ/G►"vy.�
Danny Edwards
Environmental Specialist
cc: Paul Rawls, Division of Water Quality
Sam Warren, Sampson Soil & Water Conservation District
Jeremy Hill, Premium Standard Farms
Carroll Pierce, Division of Soil & Water Conservation
225 Green Street, Suite 714 I Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

r Technical Assistance Site Visit Report
Division of Soil and Water Conservation
O Natural Resources Conservation Service
O Soil and Water Conservation District
O Other...
Facility Number $2 - 299 Date: 122103 Time: 1 1300 1 Time On Farm: 120 FRO
Farm Name Ben King Farm County Sampson Phone: [phone]
Mailing Address 346 MLK Boulevard, Suite 95 Clinton NC 28328
Onsite
Representative Ben King; Matt Barefoot Integrator 1premiurn Standard Farms
Type Of Visit Purpose Of Visit
Operation Review
Compliance Inspection (pilot only)
Technical Assistance
Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine ❑ Poultry ❑ Cattle ❑ Horse
Design Current Design Current
CapacityPopulation Capacity Papulation
❑ Layer
ElNon-Layer
El Wean
.O Routine
O Response to DWQ/DENR referral
Q Response to DSWC/SWCD referral
p Response to complaint/local referral
O Requested by producer/integrator
O Follow-up
Q Emergency
O Other...
to Feeder
® Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Gass also
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? []yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached []yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no
requiring DWQ notification?
5- Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structures Structure 2 Structure 3 Structure 4 Structure 5
Identifier
Level (Inches) 129 11
CROP TYPES 1coastal Bermuda -hay Com Soybeans Wheat mall grain overseed
SPRAYFIELD
SOIL TYPES Wa6
Ln
ChA
7_ What type of technical assistance does the onsite representative feel is needed? (list in comment section)
43/10/03

. i .
Facility Number 82 - 299 Date:
7/22/03
PARAMETER
p No assistance provided/requested
❑ 8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
25. Waste Plan Revision or Amendment
L1
L1❑
10. Level in structural freeboard
26. Waste Plan Conditional Amendment
®
❑
❑ 11. Level in storm storage
27. Review or Evaluate Waste Plan wlproducer
❑ 12. Waste structure integrity compromised
28. Forms Need (list in comment section)
❑
❑
❑ 13. Waste structure needs maintenance
29. Missing Components (list in comments)
®
❑
® 14. Over application >= 10% & 10 lbs.
30. 2H.0200
❑
❑
❑ 15. Over application < 10% or < 10 lbs.
re -certification
❑ 16. Hydraulic overloading •
31. Five & Thirty day Plans of Action (POA)
❑
❑
32. Irrigation record keeping assistance
❑ 17. Deficient irrigation records
❑ 18. Late/missing waste analysis
33. Organize/computerization of records
❑
❑
❑ 19. Late/missing lagoon level records
34. Sludge Evaluation
❑
❑
❑ 20. Late/missing soils analysis
® 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
❑ 22. Crop inconsistent with waste plan
36. Sludge removallclosure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
❑ 23. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield Conditions
38. Structure Needs Improvement
❑
❑
39. Operation & Maintenance Improvements
❑
❑
40. Marker check/calibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
® Referred to DWQ Date: 10/9/2003
42. Irrigation Calibration
❑
❑
❑ Referred to NCDA Date:
43. Irrigation designlinstallatian
El
1:1
❑ Other...
system
Date:
44. Secure irrigation information (maps, etc_)
❑
❑
LIST IMPROVEMENTS
45, Operating improvements (pull signs, etc.)
❑
❑
MADE BY OPERATION
❑
❑
46. Wettable Acre Determination
1
47. Evaluate WAD certificationlrechecks
❑
❑
48. Crop evaluation/recommendations
❑
❑
Wettable acres have been completed
2. Completed surface water drainage work around
49. Drainage worklevaluation
❑
❑
lagoon.
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, stormwater diversion, etc.
❑
❑
❑
❑
3
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
❑
❑
4.
54. Mortality BIVIPs
❑
❑
55. Waste operator education (NPDES)
19
N
5.
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6
58. Croplforage management education
❑
❑
59. Soil and/or waste sampling education
❑
❑
03110/03

r
Facility Number 82 _ 299 Date: 1 7122103
COMMENTS:
Waste samples:
8127102 -- 1.7
11122/02 -- 2.7
216103 -- 3.2
516103 -- 3.0
1 14. Over applied 10.5 pounds of nitrogen to 2002/2003 small grain over seed on pull 2C On 113/03. Allowable P.A.N.
:e for small grain over seed is 50 pounds of nitrogen per acre. Avoid over application in the future.
iplied 57.9 #'s of N on rye on pull 5A in April, 2003. Applied 51 #,s of N on rye on pull 5B in April, 2003. Applied 61 #'s of
rye on pull 5C in April, 2003. Applied 81.1 #'s of N on rye on pull 4A in May, 2003. Application window for small grain
ded March, 31. Be sure to follow application windows listed in waste plan. No summer crops have been planted in fields
4A due to wet weather.
Application window for small grain crops (small grain over seed, wheat) ends March 31. Be sure to follow application
cows listed in waste plan. According to waste plan, all of pull 4B should be in bermuda hay. However, part of pull 4B is i
cropland. Bermuda will need to be sprigged under all of pull 4 B next spring or the waste plan will need to be revised (if
igen deficit can be maintained). Also, a small part of pull 4 A (near hog houses) is bermuda. Waste plan shows all of
4 A to be row cropland. This area of bermuda will need to be converted to row cropland.
1. 126. Monitor bermuda stand in field 4. Bermuda was sprayed for weeds and was stunted. May need to re -sprig next
ging. Fields 3, 4A, and 5 need to be planted to a crop soon. Need conditional amendment to waste plan for alternative
-ops on these fields. See technical specialist for assistance. These fields have not been planted due to wet weather.
Need to improve record keeping. Be sure to fill out IRR 1 forms during irrigation events and keep copy of IRR 1 forms
farm paperwork.
2. Formula used to calculate nitrogen balance for pull 4A needs to be adjusted. The formula is calculating the nitrogen
glance by subtracting from a bermuda grass nitrogen rate, not the row crop nitrogen rate. Be sure the allowable nitrogen
ate used to calculate the nitrogen balance on IRR 2 forms match allowable nitrogen rate listed in waste plan. Contact Mary
ane about fixing this.
Discussed NPDES requirements. Start using new record keeping forms now.
Follow soil test recommendations for lime. Remember to soil sample row crop fields.
ail copy of IRR 1 forms and IRR 2 forms, new waste plan, and old waste pian to my attention at the Division of Soil and
ater. Mail records for fall/winter 2002/2003 and summer 2003.
TECHNICAL SPECIALIST JDanny Edwards
SIGNATURE
Date Entered: 1016103 Entered By: Danny Edwards
3 03/10/03

O Microbac Laboratories, Inc.
FAYETTEVILLE'DIVISION NC #11
Mi
'817 CASTLE RAYNE STREET NC #37714 crobac
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 -- DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Bob Heath
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Lagoon Seepage - ID #-OOWE75251
2.
3.
4.
DATE RECD: 07/26/00 SAMPLED: 07/26/00
SAMPLED BY: B. Heath
DELIVERED BY: B. Heath
SAMPLE CODE: Lagoon, Grab
REFERENCE: Cripple Creek Farm
DATA REVIEWED BY:
DATE REPORTED: 08/04/00
+*+*******+a*++**++a*++*a*++a+a*+++*+++**+a***aa++**********+*+++*++**+***a**aaa+a++++***+
ANALYSIS METHOD 1 2 3 4
COLIFORM, FECAL (per 100 ml)
NITRATE (mg/L)
NITRITE (mg/L)
NITROGEN, AMMONIA (mg/L)
NITROGEN, TOTAL KJELDAHL (mg/L)
COUNTS: < = Less than
> = Greater than
SM18 9222D
12727
EPA 353.3
4.5
EPA 353.3
0.195
EPA 350.2
90.7
EPA 351.2
108.0
PAGE 1 OF 1
The data and other information oontained on this, and other accompanying documents, represent only the tM 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

® Microbac Laboratories, Inc.:A z
FAYETTEVILLE DIVISION INC oil
817 CASTLE HAYN STREET PIC #3771!•
f,Microbac FAYETTEVILLE, NC '8303 USD���€3761
[phone] / C-91.0) 864-8774 (FAX) �
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
/f
1
CERT, OF ANALYSIS
w
.CObRams : < = Less than
> Greater than 4_
PANE .1 OF 1
The data and other information contained on this. and other accompanying documents, represent only the M E g 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
CLIENT: NC DENR -- DWQ
DATE RECD: 07/261 n 'S lPLgD: 0 ir261, 00
ADDRESS: liachovia Building, Suite 714
SAMPLED BY: B. He
Fayetteville, NC 28301
DELIVERED BY:"B. II'Ll
r'
CONTACT PERSON: Mr. Bob Heath
S AP'iPLE CODE: Lagoar<#,-
ACCOUNT NUMBER: #KNO03
REFERENCE: Cripple,.' �4��k Farm_
SAMPLE ID: 1. Lagoon Seepage _ 10 #-OOWE75251
2.
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3.
DATA REVIEWED BY;
4.
DATE REPORTED: 08f OPt►fl r .
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COLIFORM, FECAL (per 100 ml) SM18 9222D
12727)=Ji
NITRATE (rag/L) EPA 353.3
4.5
NITRITE (mg/L) BPA 353.3
0.195 h;s
NITROGEN, AMMONIA (mg/L) EPA 350.2
90.7 .'
NITROGEN, TOTAL KJELDAHL (mg/L) EPA 351.2
108.0
w
.CObRams : < = Less than
> Greater than 4_
PANE .1 OF 1
The data and other information contained on this. and other accompanying documents, represent only the M E g 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

o�0� W A rfi�p�
fJ �_
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ben King
346 M LK Boulevard, Suite 95
Clinton, NC 28328
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
November 13, 2003
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Ben King Farm
Facility No. 82-299
Sampson County
Dear Mr_ King:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen 11. Sullins, Deputy Director
Division of Water Quality
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 July 22, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located in Sampson County. During
that routine inspection, it was noted that the facilities recordkeeping was not in order. Records of
applications, samples, and lagoon levels must be taken as required by the NPDES Permit and
failure to do so is a violation of a permit condition. The deficient record keeping condition
identified was to fill out IRR—I forms for irrigation events and to keep a copy of these forms with
the farm paperwork. In addition the applications made to rye with Pull 4A on May 5th and May
20 of 2003 are outside of the approved application windows. The inspection also details over
applications of P.A.N. to the rye over seed, in the month of April, in the amounts of 7.9, 1.0, and
11 lbs. on pulls 5A, 5B, and 5C respectfully. While the recordkeeping deficiency contributed to
the over applications it does not excuse it. The over applications have been documented and
retained in our files and future over applications will result in enforcement action being taken.
Please be advised that such over applications are inconsistent with your Waste Utilization Plan.
Further evaluation of this matter may be conducted in the future.
The Division of Water Quality requests that the following items be addressed:
i ♦.j
1 _ Improve recordkeeping by following permit guidelines for applications, samples, lagoon
levels and new approved forms. IRR 1 forms must be filled out and retained -
ATA
.===,
NGDENR
N. C. Division of Water Quality 225 Green Street Fayetteville, yowls Carolina 25301-5043 [phone] Fax [phone] Customer Service
1-377-03-6743

Mr. King
11-13-03
Page 2
2. Avoid over application of P-A.N. by following cropping windows in CAWMP
3. Follow conditions and requirements of your CAWMP. Any deviation from your CAWMP
should involve a technical specialist.
Failure to comply with the above conditions may result in the facility losing its General
Permit and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
If you have an explanation for this violation that you wish to present, please respond to this
office by December 11, 2003.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Larry Baxley, Environmental Specialist, or myself at [phone].
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Danny Edwards — SWC, FRO m a r� N �`G V-500
Central Files - Raleigh
N. C. Division of Water Quality 22i Crreen Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone]
��A
NUD-ENOR
Customer service
1-877-623-6748