820326_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

u
�Y
f,` Y .AY� f •�5��

A 'r�..

r•4
�w mi
"Aulk.
24 198

Olil
71-
2 -W .98

- -�-
—far ....pp
�.j

Sep 10 01 02:27p 1.
P.2
i
it
J & Farms, Inc,
;4
Post Office Box 1
Farms, Inc.Harrells North Carolina 28444 Farms; InC
Phone: [phone] • Fax: [phone]
•a
September 10, 2001'
1 ,
TO- Bob Heath
Bob; 1�.,
�f 4
This is a memo to document our conversations on 9!8101 & 9110/01. As I brought to
your attention, J & K Farms had received Notice of Violation letters involving the Clear
Run Complex, Wyne Complex and Harrells Farm. l was unaware that the response time
deadline was 9/3/01. Dawn Williamson with Murphy Brown pointed this out to me on. ,
917101, 1 also noted that we have been transitioning to a new consultant that is managing
F
our retards. My request to you and Paul Sherman was that we be allowed to extend'
our
response time until 9121101. You stated that Paul was in agreement that 9/21101 wauld;be
acceptable. Thank you for allowing us this extra time and we will communicate by
9/21/01.
James C. Moore
cc Paul Sherman
4
tl
y
A

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
'A
James B. Hunt, Jr., Governor
NCDENR
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1998 RECEI��
MEMORANDUM JUN U 4 1998
TO: Fayetteville Regional Water Quality Supervisor FAYETTEVILLE
REG. OFFICE
FROM: Sue Homewood
SUBJECT: Notification of Facility Number Change
The following changes have been made to the Animal Operations Database. Please make
appropriate changes in your files.
Facility numbers 82-326 and 82-500 were combined under one facility number; 82-326.
Facility number 82-500 was deleted from the animal operations database.
If you have any comments or questions please feel free to call me at [phone] ext 502.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State 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
J&K Farms
Clear Run #2,3,4,5
PO Box 1
Harrells NC 28444
Attn: Kenny Moore
Dear Kenny Moore:
ilk" -JIW
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND KUURAL RESOURCES
August 24, 1998 RECEIVED
AUG 2 6 1998
FAYETTEVILLE
REG. C7FICE
Subject: Certificate of Coverage No. AWS820326
Clear Run 42,3,4,5
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
In accordance with your application received on May 26, 1998, we are forwarding this Certificate of
Coverage (COC) issued to J&K Farms, authorizing the operation of the subject animal waste collection,
treatment, storage and land application 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 of
animal waste from the Clear Run #2, 3, 4, 5, located in Sampson County, with an animal capacity of no
greater than 2750 Farrow to Wean and the application to land as specified in the Certified Animal Waste
Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003. 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, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
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.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request
shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the DWQ prior to a name change or change in ownership.
P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Certificate of Coverage AWS820326
Clear Run #2,3,4,5
Page 2
If any parts, requirements, or limitations contained in this COC. are unacceptable, you have the right to
apply for an individual non -discharge permit by contacting the engineer listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
The subject farm is located in the Fayetteville Regional Office. The Regional Office Water Quality Staff
may be reached. at (9.10) 486--1541. If you need additional information concerning this COC or the
General Permit, please-contacvShe Homewood at [phone] ext. 502.
Sincere
C 1
/A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Sampson County Health Department
'Fayettevi Ile-Regional-_Office,-Water_Quality_Sectionj:�
Sampson County Soil and Water Conservation District
Permit File

RECEIVED
,'. WATER QUALITY SECTION
State of North Carolina MAY ? 6 1998
Deh,,irtment of Environment anti Natural Resources
Di v i s ion o !•Water Qua 1 i t y Non -Discharge Peamiftirtg
Non -Discharge Permit Application 1`01,111 l
(MIS FORA I A1A f' Ill'; P/107000PILI) VOR US/."A S.. AA1 C)RIG .11.1
General Permit •- Existing Liquid Animal Wash Operati-anr-s-
I'lle following, questions have been completed utilizing information on file with the Division. Ple.tse
review the information for completeness and make ;any corrections which are appropriate. 11' a
(lucstion has riot been completed by the Division, please complete as hest as possible. Do not leave
an), question unanswered.
I. GF.NFRAL INFOIZMA"I•ION:
I.1 Facility Name: Clear Run 112,3,4
1.2 Print Land Owner's naine: J&Kl:Tarrns
1.3 Mailing address: PO Box I
City, State: tlarrells NC Zip: 28444
'I'Oephone Number (include area code): 910-532-4729
1.4 County where facility is located: Sampson
1.5 facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please inciude a
copy ol'a county road map with the location of the farm identified): On H%vy 41 1 approx. 7 miles west of l-larrells .
1.6 Print Farm Manager's name (i['different from Land Owner): Kenny Moore
1.7 Lessee's / Integrator's name (if applicable: please circle which type is listed): J&KEFarms
1.8 Date facility Originally Began Operation: 0 1/0 1/83
1.9 Date(s) of facility Gxpansion(s) (if applicable):
2. OPMA'HON INF012MATION:
2.1 Facility No.: ___$2_(county number); _326 (facility number).
2.2 Operation Descrip[ton: Swine operation
Farrow to Wean
2150- Certified Design Capacity
Is theabove infornruion correct? yes;F7 no. ]f no, correct below using the design capacity o1'the facility
']'lie "No. of Arti'mals" should be the maximum numhcr f'or which the waste management structures were designed.
Type of Swine No. of Animais -type of Poultry No. of Animals Type of Cattle No, of Animals
Wean to feeder0 Layer _ �. 0 Dairy
J Fuder to Finish 0 Non -Laver 0 Beef
J Darrow to Wean (tl sow) -
0 Farrow to Feeder ("', sow)
Furrow to finish (n sow) -
Otlwr Typc. of l,ivemock on the farm: �- --- Nu. ol'Aninrals: --
h(1WNI: ANV0-(,-h. 1/26/98 Page 1 (if' 4

3.
2,3 Acreage cleared and available liu application (excluding, all required huffcrs crud arcas not cnvcrcd by the Grpplicmioer
system) _ 60.00 Rcquir'ed Acrca-e (as listed in Iltc A WMI'): _42.O0
2.4 Are subsurface drains present within 100' ofany of the applicatiml fields? YES or N) � ase circle nue)
2.5 Are subsurface drains present in the vicinity or under the lagoon(s)? YES orNO ease circle one)
2.6 rocs this facility meet all applicable siting requirements? (Swine harm Siting„ Act, NRCS Standards, etc.) (Swine Only)
NO (please circle one)
What was The date that this facility's swu1C 110USCS and lagoon were sited'?
What was the date that this facility's land application areas were sited?
REQUIRED rrrMS CHEICKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
3.1 One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
3.2 Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is land applied;
3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility
does not have a CA WMP, it mast be completed prior to submittal of a general permit
application for animal waste operations,
The CAWMP musl include the following components:
3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available
Nitrogen (PAN) produced and utilized by the facility.
3.3.2 The method by which waste is applied to the disposal fields (C..irrigation
injection, etc.)
3.3.3 A map of every field used for land application.
3.3.4 The soil series present on every land application field.
3.3.5 The crops grown on every land application field.
3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP.
3.3.7 The PAN applied to every land application field.
3.3.8 The waste application windows forever), crop utilized in the WUP.
3.3.9 The required NRCS Standard specifications.
3.3.10 A site schematic.
3.3.1 1 Emergency Action Plan.
3.3 12 Insect Control Checklist with chosen best management practices noted.
3.3. 13 Odor Control Checklist with chosen best management practices noted.
3.3.14 Mortality Control Checklist with the selected method noted.
3.3.15 Lagoon/storage Mond capacity documentation (design, calculations, etc.)
If your CAWMP includes components not shown on this fist, such as an irrigation design,
or site evaluation, please include the additional components with your submittal.
F010,1: 1/28/98 Vage 2 ol'4
lican,s I
nitials

Facility Numbcr: 82 - 320
Facility Namc: Clear Run 82,3,14
4. APPLICANT'S C1,1RTI HCATI 0N:
l, - Rr.AAMobfq— _--__ _(Land Owner's name lisled in question 1.2), attest that
this application for —_ _CIv�,R 'R'eS Z 3__ __(Facility name: listed in question I. 1)
r— — -----
has been reviewed by me zinc] is accurate and complete to the best of rrty knowled,c. I understmid that if all required purls of this
application arc not completed and that if all required supporting information and attachments are not included. this application
package will be rcutrr edixmc as incI ate
Si'—AMIUrc — — — -- — ---- ...-v —_ Date
5. MANAGER'S CERTIFICA'T'ION: (cunrp1C1e wrl% it diil'erenr front the Land {)+vncr)
(Manager's name lisled in question 1.6), attest that this
application for' (Facility name listed in queSh011 I.I}
has been reviewed by me and rs accurate and complete to the best of my knowledge. I Understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are riot included, this application
package will be returned as incomplete.
Signature
Datc
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO TE-EE3 17OLLOWING ADDRL'SS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUM13EIZ: [phone]
FAX NUMBER: [phone]
1/28/98 P iou 3 of 4

PREPARED BY THE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS -PLANNING AND RESEARCH BRANCH
IN COOPERATION WITH THE
L1.5- DEPARTMENT OF TRANSPORTATION
CF!l AI 141f_"1kfAV A nhAlkflCTO ATIrSki
ij r4di
*.ra7
T
lm 2 7.0
3
.78.,0,
us
NrOf
751
U01
11 3
LIM
11.9 1
0
0a.
Im
1007
_Lw
411
ulr t.3
9
1007
44Ila*
2.9
U-21
41
IyQl
CJ—, I ­
-2
Jill
19
_LLQ
BLACK 411
12-1T 1134
mz
A
i0d1121
lid? iii
A
1121
]A tie
,Illi
Tamoha•rL
ry
Ll 3 1b
1122
'.9
•
1203
LUZ
Pop. $65
P"2 IMI
All
0'7—
o
0
c
SAMPSO
COUNTY
NORTH CAROLINA
PREPARED BY THE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS -PLANNING AND RESEARCH BRANCH
IN COOPERATION WITH THE
L1.5- DEPARTMENT OF TRANSPORTATION
CF!l AI 141f_"1kfAV A nhAlkflCTO ATIrSki

TO t,l I. ri'v'eI"a:le L. i.ve W1t, . II
rllr•fll°iL.Jrl I; c;l.{.f�<L (.; 'T'R',- ;TW -:NT VOLUME OF lA(:;[:ioN
'arc: IuflI e -- )-,0,DS 1bAL. IJ k Tr(Datr7iHnL V 1 uI'll C-:( CF )/ 1 h . 1 I -W
Ire It,m °Ilt V1�].t.Iril{ �r'f 3/ll�. AI_.l•1 l CF/li AI.,.IJ
V le
V. -,t -I -IM`_ F i)1- `,L.I.JDGE (-iCC _J MI Jt_ 7 I()1•I
IVU 1,UIrle y. O'C' c.'uL)lC f•vw1
fCllr';I_ 1.�E A.GN�=['? VOL._I.1ME
iTr i.lir:' f.l)rs 1.;�fIGi;�l 1 IF^^-� Y)--------._�._,_.^..,......---_--
Yvr-:l--
4 ,
f.•,r; ,::t� ;.]i�.... �.]..��,-sl_.i.r:7r1r eel:.
F )___-.W-_-----------w�-
rl1 o // '"'
f �t.:i C:i i'71'I �.". t. t�'V}.3 I.. J -'_7n 1 1 :_s�tY —— ——— ———--———
,. l ': I �w, _ .I. (' i I:J i' ..• � 1. 1'I ::� .!.::1 ;y ] r,; <�I'=� ('' 11 ,'1 _ - _. -- - -� �- - -- - - - - . _ _ _. - _.
r..iJ. t-) '1r11.uIII I..J:s I -Ig pI— aIo0 T- Im I ;
1.:1' HO I i'Orl!
WTC�TI i .71::I�'1�i i
rt][''_1 %1 Lllt`.I 1 'I 1r'I'.i r-1 Fil I If11"tj ! Il!-_PI'H 1
Ii�}I; 1 ['- S•:jll=,l If41:-. 1`1,V:i1 ti1i'I•. - I�I'•c-Ior. {-!I. I- r_
y
00'-
1 tC+t1':::F3 1:.c:s r1t..::sr- •~Y. {-t :�;lc:lr l-lc`r� (ot_.I'1t��'
x11
0Wn;-I- )�
'()OCA
•.l w. ��'!`rf ;r: �_.
f ��'1-: l�!I::.1 i:,l-i f� �" ,�;f. l:�! }
1' r -)w I:
a r' I w
> :.
I. I,
E) 1 '1 t+
1 i rl i. _: F 1 i. rl "} .: r-1 i }'
I :;
1 F ),-
C'
we,.irl
{.'i F:.. ...� 1 �. S_)r.'✓
1-11.11 /,'� i-
1_)
TO t,l I. ri'v'eI"a:le L. i.ve W1t, . II
rllr•fll°iL.Jrl I; c;l.{.f�<L (.; 'T'R',- ;TW -:NT VOLUME OF lA(:;[:ioN
'arc: IuflI e -- )-,0,DS 1bAL. IJ k Tr(Datr7iHnL V 1 uI'll C-:( CF )/ 1 h . 1 I -W
Ire It,m °Ilt V1�].t.Iril{ �r'f 3/ll�. AI_.l•1 l CF/li AI.,.IJ
V le
V. -,t -I -IM`_ F i)1- `,L.I.JDGE (-iCC _J MI Jt_ 7 I()1•I
IVU 1,UIrle y. O'C' c.'uL)lC f•vw1
fCllr';I_ 1.�E A.GN�=['? VOL._I.1ME
iTr i.lir:' f.l)rs 1.;�fIGi;�l 1 IF^^-� Y)--------._�._,_.^..,......---_--
Yvr-:l--
4 ,
f.•,r; ,::t� ;.]i�.... �.]..��,-sl_.i.r:7r1r eel:.
F )___-.W-_-----------w�-
rl1 o // '"'
f �t.:i C:i i'71'I �.". t. t�'V}.3 I.. J -'_7n 1 1 :_s�tY —— ——— ———--———
,. l ': I �w, _ .I. (' i I:J i' ..• � 1. 1'I ::� .!.::1 ;y ] r,; <�I'=� ('' 11 ,'1 _ - _. -- - -� �- - -- - - - - . _ _ _. - _.
r..iJ. t-) '1r11.uIII I..J:s I -Ig pI— aIo0 T- Im I ;
1.:1' HO I i'Orl!
WTC�TI i .71::I�'1�i i
rt][''_1 %1 Lllt`.I 1 'I 1r'I'.i r-1 Fil I If11"tj ! Il!-_PI'H 1
Ii�}I; 1 ['- S•:jll=,l If41:-. 1`1,V:i1 ti1i'I•. - I�I'•c-Ior. {-!I. I- r_

AMPORAPY TORAW (;EQUIRM)
WRAINAGE AREW
Lagoon (top of dike)
kenyth * width =
1180.1) IA2.0 367560.0 square feet
Buildinns tronf and lot water)
0.0 square feet Describe this area.
TOTAL DA 167%0.0 square feel-,
Kenton V nQnrAry Warage period Lo 150 6ays.
VoiUme of waste Produceci
Feces a urine production in gal./day per 135 1b. ALL 1.37
volume = 920950 Ihs. ALW/135 lbs. ALW * 1.37 gal/day ISO day,
volume = 1417113 gals. or 189453.6 cubic feet
Volumn of wash water
This is the amounL of fresh water used toy washing Mors or volume
of Fresh water used for a flush system. Flush systems ML recirculate
rho layoon water ore accounted Wr in SA.
wolume - 496q.0 gallons/day '1, 150 days gallons,
per CF
Muma - noibi.A cublc few
volume of rainVell in excess nf Yvaporminn
HS e peViod of Lima when rainfall excends evaporation by largest amount.
150 days &XCOSS yalnfaH
1-1 q i / I inches per pool:

°foJ.l..11nt, o1: 2'5 year -- 24 hour -- tLo -n,
V I.'!Iit e
{ -
TO F r)[.. t-C}>,.11f;` l:lfF h1t'Clf;rlt;4' I-['ORPI(4,E
IC7TFl;_ t�f3Z{Ir)5 r-.ui,.,lc '1 �e-t
1C1f1f 1ft"t'
r•.: fllri( i" 11 Y >1 C11 =f IE FiFY .1 C',(-�--� _= ___ =___/ I
1lf+:i.l [ 1 11 ,� L<=: :: lit t�v �?[71 if .O 3.1"li
veer iou7- rr:r i r1f aJ. J.==______ _______ __ _; 1 .0 inwhe
�I"Ili Lie t:(? p
Ln:.ic}s t.csj> ] 12 .0
f Cr, ol :�1 �:i.• I Vat 1_;711
to1.I....}rrl :: I' c'l cj c, 11 = 1 { / Y R -
.i ':S11I=
`Ji.i J (1111E _: _ _ _. _ -_ __ _ _. ) `.j 1. () J CLII-
1C:i,.LI.::;.� i.�c;1rirI_._.1. i�:._.'i.)�.f)F_,
fa!I;1 .L it l Hifi LJcI1,-ev I_cl`:; I t' l-eva L I.oii SL-IWT '.1=-_.:; i 4:_ .5 '1' t:.
"op (-111i11pY.it<i _'./__-._._.__..___=-=--_ _==-= _ _._c; f,``.., iea
';{...IWT v I . ___—_ lc_c, lt: I-e-eI
I..I �.; t., L.S e Cil "- t.-?-, 1fi 1 C� t.7 F 1;.111 .� S
e fit -I .1 i-'li 111i n1nium Lr e, c9{:ri)elt:. V(.]uflle 50 cu
1.
llFit c at"i_.r-r7, I'_IIPIF'in l lcvi,;..ir�n==-:___:--=-=__=: 734:a09 t_l 1"t.
I I r.) rl � :i I c ~✓ _ _ — _ - _ _ - _ _ _. _ - _ - . �1i t- y;
L1 :�; i t.; �;' ;,i 1:. [:i C:;'i.. i_,.1 f1] ,') f• 'I• Y" ;:. �'�._7 ("S Ff l� fi
it �l.lri� 1lt:+IL1111(' I'i'S_• y'"l �_'�1 il] i <1.L17 1"cf1
4'C'..tuil'Ic"": e`1 i. I:.aiY%. t:%Llfl1t11.i"I !;I 'Lc''Jc"tt_7C'+rl - I Qi�)7 1. 1'i
;•:k�;l!t.l.i1 ..'.? v�Aufile t -i,? !-�?L?1,1411!7+='.i-=--:_-_=---_____-_•==�
��r"I�Ll cil VC"�ItIrI f1I i1in1�d is FI(`:, p,L t.=.,E;cl= .. ._s...:----•_ ['.Y':���'-�r' �'!l tt: �M
t"1l Il I,i-i LE:;,lly� S1t :;('+L.{. f i 11-. I•-1i1F111 i -0,:.1u l I"i::c•{-.
a1uJ►'�� ►�+
I'4.i I i= ,I.: I , ; I 1 f=1i.�+-It: € } {.•Irl`,+:, Z"�: 1J f r i_ ! ;'_rpt l I i lty F'�..1^IN
f.:f.'I•if�11'_i'; � •...: � �_R�.-a!�i_..�.�..'1 ' �t'� �__._�Gl��r�.R��....�R.��_.......
`513
[:}
;+; 113
:-u i`, Y.'_
t ,�,1;.
IC7TFl;_ t�f3Z{Ir)5 r-.ui,.,lc '1 �e-t
1C1f1f 1ft"t'
r•.: fllri( i" 11 Y >1 C11 =f IE FiFY .1 C',(-�--� _= ___ =___/ I
1lf+:i.l [ 1 11 ,� L<=: :: lit t�v �?[71 if .O 3.1"li
veer iou7- rr:r i r1f aJ. J.==______ _______ __ _; 1 .0 inwhe
�I"Ili Lie t:(? p
Ln:.ic}s t.csj> ] 12 .0
f Cr, ol :�1 �:i.• I Vat 1_;711
to1.I....}rrl :: I' c'l cj c, 11 = 1 { / Y R -
.i ':S11I=
`Ji.i J (1111E _: _ _ _. _ -_ __ _ _. ) `.j 1. () J CLII-
1C:i,.LI.::;.� i.�c;1rirI_._.1. i�:._.'i.)�.f)F_,
fa!I;1 .L it l Hifi LJcI1,-ev I_cl`:; I t' l-eva L I.oii SL-IWT '.1=-_.:; i 4:_ .5 '1' t:.
"op (-111i11pY.it<i _'./__-._._.__..___=-=--_ _==-= _ _._c; f,``.., iea
';{...IWT v I . ___—_ lc_c, lt: I-e-eI
I..I �.; t., L.S e Cil "- t.-?-, 1fi 1 C� t.7 F 1;.111 .� S
e fit -I .1 i-'li 111i n1nium Lr e, c9{:ri)elt:. V(.]uflle 50 cu
1.
llFit c at"i_.r-r7, I'_IIPIF'in l lcvi,;..ir�n==-:___:--=-=__=: 734:a09 t_l 1"t.
I I r.) rl � :i I c ~✓ _ _ — _ - _ _ - _ _ _. _ - _ - . �1i t- y;
L1 :�; i t.; �;' ;,i 1:. [:i C:;'i.. i_,.1 f1] ,') f• 'I• Y" ;:. �'�._7 ("S Ff l� fi
it �l.lri� 1lt:+IL1111(' I'i'S_• y'"l �_'�1 il] i <1.L17 1"cf1
4'C'..tuil'Ic"": e`1 i. I:.aiY%. t:%Llfl1t11.i"I !;I 'Lc''Jc"tt_7C'+rl - I Qi�)7 1. 1'i
;•:k�;l!t.l.i1 ..'.? v�Aufile t -i,? !-�?L?1,1411!7+='.i-=--:_-_=---_____-_•==�
��r"I�Ll cil VC"�ItIrI f1I i1in1�d is FI(`:, p,L t.=.,E;cl= .. ._s...:----•_ ['.Y':���'-�r' �'!l tt: �M
t"1l Il I,i-i LE:;,lly� S1t :;('+L.{. f i 11-. I•-1i1F111 i -0,:.1u l I"i::c•{-.
a1uJ►'�� ►�+
I'4.i I i= ,I.: I , ; I 1 f=1i.�+-It: € } {.•Irl`,+:, Z"�: 1J f r i_ ! ;'_rpt l I i lty F'�..1^IN
f.:f.'I•if�11'_i'; � •...: � �_R�.-a!�i_..�.�..'1 ' �t'� �__._�Gl��r�.R��....�R.��_.......

SHEET I OF 2
OPERATION AND MAINTENANCE PLAN
------------------------------
This lagoon is designed for waste nveatment (permanent storage) and
to days of temporary storage. We time required for the planned
fluid level (.I:"iermananL and temporary storage) to be reached may vary
0"n to site conditions. weather. flushing operations. and the amount
or Vresh water added to tha system.
'ho designed temporary storage consi
(1i waste from animals and (2) exces
inaluded is sWave fQr the 25 year
the volume of WaEte penerated from a
faifiv oanskonL Woughout; t: l'1=; year
rain"at! WAL vory from year to year
L. a lacLor to consider in an annual
volume must alwav, be available.
son of 150 days storage for:
S rainfall after evAlen'-
Aln
'-?4 hour storm for Lhe location,
given number of animals will he
and from year to yasr. buL axc=�:
The 2K year Vainfall will loot.
pumping cycle. but this nhnrag�:f
n maximuM alevatiuo is deLermined in PAch design to heyiT-1
Pumping .:and this in usumAy the ouWet lnvevt of pipko) fyom
kiiijing( s). U the autlat pipe is not LnsLallsd at the elevation to
be=gin Pumping, a permane"t marker must be installed at Wis elevation
Ko ndWate when pumping should begin. An elevation must be established
to atop pumping to maintain lagoon tyeaLmanL depth.
Pumping can be starLed or stopped at any Ame between these two
elavaLions for operating convenience as site conditions permit, such
weather. soil -s. crop. and equipment in order to apply waste without
Y u nof F or leach! ng .
Uand opplication
of
waste water
isracoqnized as an acceptabla
method
of disposal,
Methods
of application include Solid SeL,
rentyr
!"root. Wuus,
and Kaveling
Vun irrigation. Care should be
LaKen
when apply ing
Waste to
pr};', ent damage W WOPS,
1 1p t P! I owing i tams are to be carriod (:IuW
1" iL is
stvongly
recommended that
the treatment lagoon he pre-
cha. fnad
to 112 its
caPacity to prevent excessive odors
durin,.-)
SW)t-up.
Pro-charginn
veduces the
concentraGon of
the WWI.
wjsfn anwriny
the
jagoon Hereby reducing
odors.
Solids should be
owvniRd
with off0pnL
at W Vimen.
WhQn precharginy
is namplato,
11ush buildinuo
with
recycled lagoon
liquid. Frosh
wanny should not
5 u
for 1flushinj
afLay initial
filling.
-;I:tarhsd =
:.W Mlizalion
plan shaV he followed.
Th i
pion vecommanos
h-rna innd
sampling
appliminn,
and Lacking
of wame (see
aUarhmonk)
,r i.iV
:
r -,� I
I n f V he I agno n
wh- n 1 1 u i d I ave i
1"S.;WS
[ho Qtpwokiill
68.1 an ii" rkwd
by permanent
wavW. shop pump--
!-�ii I Win
1 ?val reashas PlavaLion
15.7
This Lampor6v,-,
iWiAne.
to On vi-
14 hr storm, contains
386?61 cubic
feet o�-
20AWYMP
nsljnrj�.

}
THEE r 2 OF 2
4= the recommended f}1aX]_rlll.m ::iflount to :apply per irrigation ion i
one ill Lil!"h and A- recommended maximum application rat.,-; is O ..
4 lick P£_ v hour. Refer to the waste ut l 1. i zat ion plan or further" details.
S. Kelp vegetation on LhiF e?mbanit(IlenL and aY'aas adjacent to the.J
l�;i�:i'•nn mowed annually. Vegetation should be fertilized as needed
to m i nna i n a i. orous sLand.
0. Repair any eroded areas or area;; damaged by S-qdc-?nts r'aru:
nsr: i, l i. u}., in veaet_a k ion .
r. All surface runoff is to be rIi.ver Lad from the lagoon to t_ab1
o „i 1.- 1 t _ .
"?Keep a m 1 n i t l l r. m of .l. 2 5 feet, of grass .eget at;.ed buffer err C,) t,. n e--1
rJ•lnto utilization fields
adjacent to perennial
.fit_{'e<ims,
waste will.
;an 'be applied in open
ditches. Do no L
pump within 200
Opt pt K a
r'e0 W,,CO OV Wi t h i n 100
feet_. O.t. -r reel 1 .
Waste shalt be
applied inr"_-s
ur,:,rsr.er.. not: to ranch other
property and
public right-of-ways.
z. !he (.J.ean Water Act of 1977 [:)7'ohibitn the discharge of
PulLukaUs into waters of the United `:',tate,. the Department of
Frr A, or,ment- Health. and Natural Resources. Division of nvirorv-
mc-_ntal Management:., has the responsibility for enforcing this l: -w,

September 17, 2001
NCDENR
Attn: Paul E. Rawls
225 Green Street — Suite 714
Systel Building
Fayetteville NC 28301-5043
Dear Mr. Rawls:
`1
y�\
W03 L 1_ dA
®3AG03 E
y
r
This letter is in response to your letter dated 8/20/01 concerning NOTICE OF
VIOLATION AND SHOW CAUSE MEETING for Clear Run #2, #3, #4 & #5 Facility
#82-326. The response was originally requested by 9/3/01 but after discussion with Bob
Heath & Paul Sherman was extended until 9/21/01.
The first concern -involved corn not being planted in fields 1, 4, 7 and 8. Fields 1 & 4
are Bermuda and small grain over seed rotation and fields 7 & 8 were planted in corn and
already harvested. It was noted that waste samples had not been analyzed since July
2000 and weekly freeboard had not been recorded since December 2000. We have
included Waste Analysis Reports for Feb. 2001, July 2001 and Sept. 2001 along with all
weekly freeboard levels. If these concerns had been addressed during the visit by Soil
and Water they could have been clarified much sooner.
Concerning the 1200 feeder to finisher animals, not wean to finish animals, we have
contacted the Murphy -Brown Technical Specialists and they are looking into permitting
status of the old finishing building. As requested for this response the farm has:
1- Prepared all fields for required crops (fields 7 & 8 rye for winter)
2- Collected waste samples in timely manner
3- Recorded freeboard weekly and included in farm records
4- Provided one year irrigation records
5- Provided all freeboard & waste analysis
6- Scheduled Murphy -Brown Technical Specialists for week of Sept. 24''
7- Planned to provide revised CAWMP after visit from Murphy -Brown Technical
Specialists

41
In conclusion I would like to point out we recently changed our Technical Consultant.
Greer Moore is helping keep our records and we look forward to improvements in this
area.
Sincerely,
Kenneth Moore
Corporate President
cc: Sonya Avant — Compliance Group
Sue Homewood — Non -Discharge Permitting
Beth Buffington — Tech. Assistance and Certification Unit
Wilson Spencer — Sampson Co. NRCS
Kraig Westerbeek — Murphy -Brown
'SEP 17 2001
Eia`.irf��.1

Rt'3QWP1S`;
t3FCJURhA
Weekly Lagoon Level
Status
week N-Mban 5o
LiSt
6�3
F rnn Lagoon
Grower Name
Date Lagoon Level Service Person
Status
35(1
J & K Farms. Inc
12105/2000
25
416
:356
J & K Farms. Inc
12/1 1/2000
27
416
356
J & K Farms, Inc,
01/04/2001
27
416
354)
.I & K Farms, Inc
U I / 1 112001
28
416
356
J & K Farms, 1nG
01 / 17/'2001
28
416
356
J & K Farms, Inc
01/23/2001
27
416
3S6
J & K RarMS, Inc
02/02/2001
26
416
.3 i#3
J & K f=arms, Inc
02105/2001
24
4.16
Yellow Tone
3516
J & K Farms, Inc
0211 EV -1001
26
416
356
J & K Farms, Inc.
02/23/2001
25
416
356
J & K Farms. Inc
02/243!2!.101
27
41 r
356
J R K Farms, Inc
03/09/2001
25
416
356
J & K 1=arMS, Inc
0::3/15/2001
24
4.16
Yellow Zone
356
J & K Farms. Inc
03/22/2001
27
41 C3
356
J At K Farms, Inc
03/37/2001
27
416
:3aEi
J & K Farms, Inc
0410212001
24
416
Yellow zone
356
J & K 1=:IrmS, Inc
04/01-12001
w5
416
456
J & K r-arrns. Inc
0412412001
26
416
356
.1 & K Farms. Inc
05/03/2001
24
416
Yellow Zone
356
J & K Farms, Inc:
05I10/2001
27
416
356
J & K Farms. Ir)(:
05/30/2001
27
416
3!-)G
.1 & K Farms, Inc
0E3/07�/200I
24-
416
Yellow Zone
.356
.1 & K Farms, Inc
06/12/2001
24
416
Yellow Zone
356
J & K Farms, Inc
06-'20/2001
26
416
3563
J & K Farms, Inc
OW28/2001
26
416
356
J & K Farms, Inc
07/04/2001
27
416
356
J & K Farms, Inc
07/11/2001
30
416
:356
J & K FarMS, Inc
07/27/2001
24
416
Yell OW Zone
356
J & K Farms. Inc:
07/31/2001
25,
416
356
.1 & K Farms. Inc
08/ 14-/2001
27
416
356
J & K Farms, Inc
08114/2001
25
416
356
J & K Farms, Inc
08/24/200)
23
416
Yellow Zone
356
J & K Farms. Iru:
08/28/2001
27
416
::356
J & K Farms. Inc
00/0!x/2001
j4
416
Yellow Zone
rip li i 7 2001
AcG.0Fir 4:
ThIA'sdtiy, :eprrmi3v 11, *..'(X)Average 1.tigr.)Qrj Luvol: 2S, 112 Page 1

K Farms, Inc. r AL It
��-�► Post Office Box 1
Farms, Inc. Harrells, North Carolina 28444 Farms, Inc.
Phone: [phone] • Fax: [phone]
Fr
ile
w;�l 3 2001
September 10, 2001
TO. Bob Heath
M
This is a memo to document our conversations on 918101 & 9/10/01. As I brought to
your attention, J & K Farms had received Notice of Violation letters involving the Clear
Run Complex, Wyne Complex and Harrells Farm. 1 was unaware that the response time
deadline was 913101. Dawn Williamson with Murphy Brown pointed this out to me on
9/7/0l. 1 also noted that we have been transitioning to a new consultant that is managing
our records: My request to you and Paul Sherman was that we be allowed to extend our
response time until 9/21/01. You stated that Paul was in agreement that 9/21101 would be
acceptable. Thank you for allowing us this extra time and we will communicate by
9/21/01.
James C. Moore
cc Paul Sherman

.AF
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
August 20, 2001
CERTIFIED MAIL
RETURN RECEIPT „REQUESTED
J&KFarms
Attn: Mr. Kenny Moore
Post Office Box 1
Harrells, NC 28444
Subject: NOTICE OF VIOLATION AND SHOW CAUSE MEETING
Administrative Code 15A NCAC 2H .0217
Clear Run 42,3,4,5 Swine Farm
Facility No. 82-326
Sampson County
Dear Mr. Moore:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting 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 6, 2001, staff from the Fayetteville Regional Office of the Division of Sol] and Water
conducted an operation review of your swine farm located off Highway 411 in Sampson County.
During that review, it was noted that the corn crop had not been planted in fields #1, 4, 7, and 8 as
required by your Certified Animal Waste Management Plan (CAWMP). It was also noted that a lagoon
waste sample had not been analyzed since July 2000 and that weekly freeboard levels had not been
recorded since December 2000 as required by your permit.
This same review revealed that the farm had been operating as a 2750 farrow to wean and 1200
wean to finish operation. However, the farm's certification, permit, and CAWMP are written for 2750
farrow to wean only. Records reviewed at the regional office and in Raleigh revealed that the farm has
never been certified, permitted, or had a CAWMP written for the additional 1200 wean to finish.
The Division of Water Quality requests that the following items be addressed:
1. Establish the required crop in all fields as noted in your CAWMP.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.ENR.S'I'AI'Ii.NC.IJSlIiNti
AN EQUAL OPPORTUNITY! AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POSTCONSUMER PAPER
DENRTOLLFREE HOTLINE: [phone]

Mr. Moore
8-20-01
Page 2
2. Collect lagoon waste samples in a timely manner. Samples are valid 60 days before and 60 days
after an irrigation event.
3. Record lagoon freeboard levels weekly and maintain with farm records as required by your permit.
4. Provide the regional office with copies of the past one year irrigation records, including lir-1 and
Irr-2 forms.
5. Provide the regional office with copies of the past three years freeboard levels and waste analysis.
6. Submit to central office Non -Discharge Permitting and Engineering Department a request for
permit modification to include the 1200 wean to finish animals. This request must include the
following. a new WUP to include the additional animals, a new farm Certification to include the
additional animals, and justification from a technical specialist that the additional animals can be
served by the existing waste treatment and disposal system.
7. Provide the regional office with a copy of the revised CAWMP that includes the 1200 wean to
finish animals.
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.
This letter is also to offer you the opportunity to meet with divisional staff for a Show Cause
Meeting. These meetings are to allow you the opportunity to present verbal and written explanations of
why the above violations have occurred and why you feel that no further action should be taken by this
office in response to those violations. After the meeting all information received will be used to
determine if further actions, such as civil penalties, are warranted.
This Show Cause Meeting is also to address your responsibilities as the Operator In Charge (OCC).
I have attached a copy of Title 15A.08F.0200 Certification of Operators of Animal Waste Management
Systems for you. These rules are routinely addressed during the training for certification to become the
OIC and will be discussed during the Show Cause Meeting, should you wish to attend. This office feels
that there are several duties and requirements of an OIC that have not been properly met. Again, the
Show Cause Meeting is to allow you the opportunity to show cause why this office should not proceed
with recommendations to the Water Pollution Control System Operators Certification Commission for
further action against you as the OIC.
You are asked to consider whether or not you wish to attend a Show Cause Meeting and to contact
Mr. Paul Sherman, Environmental Engineer, of this office to establish a time and date for the meeting. I
would like to stress that this meeting is not required but is offered as a means for you to present further
information in a meeting format. Please be advised that should you not wish to meet with this office our
final decisions will be based only on the written information requested in this letter and already on file.

Mr. Moore
8-20-01
Page 3
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for these violations or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response to all of the above noted requests and a verbal
response to the Show Cause Meeting on or before September 3, 2001.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Paul
Sherman, Environmental Engineer, or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
PR/mps
cc: Sonya Avant - Compliance Group
Sue Homewood Non -Discharge Permitting
Beth Buffington — Tech. Assistance and Certification Unit
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dave Nordin — Brown's of Carolina, Inc.
Central Files - Raleigh

�+yJ+l1JJl [{..l1 [IV1�yVlr4l r�auV.1V1� AAJr. VVI •1/f.VV
1
SUBCHAPTER 8F - CERTIFICATION OF OPERATORS OF ANIMAL WASTE
NIANAGENIENT SYSTEMS
SECTION .0100 - GENERAL PURPOSEIDEFINITIONS
.0101 PURPOSE
(a) The purpose of these Rules is to reduce nonpoint source pollution in order to protect the public health and to
conserve and protect the quality of the State's water resources, to encourage the development and improvement of the
State's agricultural land for the production of food and other agricultural products, and to require the examination of
animal waste management system operators and certification of their competency to operate or supervise the operation
of those systems.
(b) These Rules apply to all operators of animal waste management systems that are required to designate an operator
in charge as specified by G.S. 90A -47.2(a). These animal waste management systems include those systems that are
designed to serve an animal operation as defined by G.S. 1433-215.1013(1).
(c) The Certification Commission shall classify animal waste management systems based on the types of structures
and nonstructural practices serving a feedlot that provide for the collection, treatment, storage, or land application of
animal waste.
(d) The Certification Commission shall establish certifications for each type of animal waste management system so
that persons holding these certificates shall be affirmed competent to operate a specific type of animal waste management
system.
History Note: Authority G.S. 90A-37; 90A-38: 90A-47; 143B-300;
Temporary Adoption Eff. Janumy 7, 1997;
Fff..411gust 1, 1998.
0102 DEFINITIONS
(a) "Animal waste management system operator" means a person that has been certified by the Certification
Commission as a Type A Animal Waste Management System Operator or as a Type B Animal Waste Management
System Operator.
(b) "Appropriate examination" means an examination that has been approved by tate Certification Conutussion.
(c) "Approved training program" means a training program that has been approved by the Certification Commission
in cooperation with the Cooperative Extension Service.
(d) "Certified operator" means a person who holds a currently valid certification as an animal waste management
system operator,
(e) "Certification Commission" means the Water Pollution Control System Operators Certification Commission
(WPCSOCC) created by G.S. 1433-300, The Certification Commission's mailing address is PO Box 29535, Raleigh,
NTC 27626-0535.
(f) "Contract animal waste management system operator" means any certified animal waste operator who contracts
with the owner or person in control of an animal operation pursuant to G.S. 90A -47.2(b).
(g) "Currently valid certification" means that all training and certification requirements pursuant to G.S. 90A- 47.3(b)
and G.S. 90A-47.4 have been completed.
(h) "Emergency circumstances" means any extraordinary mmorological event, natural catastrophe, or equipment
failure that threatens the integrity of the animal waste management system.
(i) "Person under the supervision of an Operator in Charge" means a person who takes directions from the Operator
in Charge and who may only land apply animal waste when the Operator in Charge is available for consultation and
advice at any time during the application of animal waste.
History Note: Authority G.S. 90A -35. 90A-43; 90A-47; 143E-300;
Temporury Adoption Eff. Janua?y 7, 1997;
Eff, August 1, 1998.
NORTH CAROLINA ADMINISTRATIVE CODE 08/21/98 Page 1

ENR - IVPCS OPERATORS CERTIFICATION COMMISSION T1 SA: 08F.0100
SECTION .0300 - CLASSIFICATION
.0301 CLASSIFICATION OF ANIi•IAL WASTE MANAGENIENT SYSTEMS
(a) The Certification Commission shall classify animal waste management systems based on the types of structures
and nonstructural practices serving a feedlot that provide for the collection, treatment, storage, or land application of
animal waste.
(1) Type A: These animal waste management systems generally include the following structures and nonstntchtral
components that provide for the collection, treatment, storage and land application of animal waste and
primarily rely on an anaerobic lagoon and soil/plant systems for the treatnent of animal waste: anaerobic
lagoon; pumps, pipes and associated appurtenances that convey the waste from point of generation to final
treatment/disposal site; flushing systems; solids separation equipment; irrigation equipment; and land
application site and crops. Type A animal waste management systems are generally used to treat waste
generated by monogastric animals which produce a low -fiber waste.
(2) Type B: These animal waste management systems generally include the following structures and nonstructural
components that provide for the collection, treatment, storage and land application of animal waste and
primarily rely on soil/plant systems for the treatment of animal waste: dry stacks: solids and slurry collection}
equipment; storage ponds for the collection ofsolids and runoff; pumps, pipes and associated appurtenances
that Convey the waste from point of generation to final "Type B animal waste management systems are
generally used to treat waste generated by ruminants and other animals which produce a high -fiber waste.
(b) Animal waste management systems which include components that are significantly different than the system
described in Subparagraph (a)(1) of this Rule shall be evaluated by the Commission, or its designee, to determine if die
system is subject to classification in accordance with 15A NCAC 8C .0102(b).
History Note: .4uthority G.S. 90.4-37; 90A-47; 143B-300;
Temporary.4doption Eff. January 7, 1997,-
Eff. August 1, 1998,
NORTH CAROLINA ADMINISTRATIVE CODE 08/21/98 Page 4

ENR - IVPCS OPER-4TORSCERTIFICATION COALVISSION T15,4: 08F.0100
}' .0403 APPLICATION PROCEDURES
(a) An application being filed for examination shall be postmarked by the United States Postal Service at least 30 days
prior to the date upon which the examination is scheduled to be administered and the appropriate fee must accompany
the application.
(b) Upon receipt of the application by the Certification Commission, the application will be reviewed by the
designee(s) of the Certification Commission for eligibility to take the examination. The applicant will be notified by
letter, which will serve as the receipt for the examination fee, of his/her eligibility and will be advised of the date, time
and place of the examination. In cases where the applicant is ineligible for examination, the applicant will also be
notified by letter and advised of the reason for ineligibility. The examination fee will be refunded in the event that the
applicant is determined to be ineligible for the examination. Upon notification of ineligibility, the applicant may request
a hearing to be heard by the Certification Conuilission at the next regularly scheduled meeting, relative to the ineligibility.
Such requests must be in wTiting and shall be subnutted postmarked at least 30 days prior to the next regularly scheduled
meeting. Any applicant who intentionally supplies false information on the application for certification for the purpose
of gaining eligibility, will be ineligible for the examination and will forfeit the examination fee. Applicants who have
intentionally supplied false information and who have been determined to be ineligible who Nvish to reapply for
certification shall follow the procedure set forth in Rule .0407(d) of this Section.
History Note: .4uthorit' G,S. 90.4-39: 90A-47; 143B-300;
Teurporaty- Adoption Efj" Januaty 7, 1997;
Eff. August 1, 1998.
.0404 EVVNIINATION PROCEDURES
The Certification Commission or its designee shall conduct examinations for certification in accordance with the
following:
(1) "Che dates, times, and places of examination shall be determined by the Certification Commission.
Announcements of the dates, times and places of examination shall be distributed to the Cooperative Extension
Service office in each county.
(2) Each applicant applying for exanunation shall be notified of the date, time, and place of the examination in
accordance with Rule .0403(b) of this Section.
(3) Examinations approved by the Certification Commission shall be given only to those who, after filing proper
application, have been determined to be eligible.
(4) When each applicant receives his/her examination paper, he/she shall identify themselves by way of a valid
driver's license or other form of photo identification satisfactory to the proctor of the examination.
(5) Representatives of the Certification Commission or its designee(s), who are supervising the examinations may
take appropriate action against applicants, including dismissal from the examination, if the examination
policies and procedures are not followed.
(6) An examination score of70 percent or higher shall constitute a passing score.
(7) The applicant shall be notified, in writing only, of the score achieved on the examination by the Certification
Commission or its designee. The results of the examination shall be mailed to the address submitted with the
application for examination. If a passing score is made, such notification constitutes certification by the
Certification Commission that the applicant is qualified operator of the appropriate type of animal waste
management systems and shall be issued a certificate by the Certification Commission. After each
examination, a list of those certified shall be prepared and made part of the permanent records of the
Certification Cornmission,
History ?Fate: Authority G.S. 9OA-39: 90A-47; 143B-300;
Temporary Adoption Eff. January 7, 1997;
Eff. August 1, 1998,
NORTH CAROLINA ADMINISTRATIVE CODE 08/11198 Page 6

ENR - FYPCS OPERA TORS CER TIFICA TION COMMISSION T1 5A: 08F. 0100
SECTION .0500 - CIVIL PENALTIES
.0501 WHO MAY ASSESS
Civil penalties may be assessed by the Secretary of the Department of Environment and Natural Resources or his
designee, for willful violation of the requirements of G.S. 90A-47 and this Subchapter.
History note:Authority G.S. 90A-47; 90.4-47.5: 143E-300;
TemporaryAdoption Eff. Januarly 7, 1997:
Eff August 1, 1998.
.0502 WHEN ASSESSABLE
Civil penalties may be assessed whenever the Secretary, or his designee, has determined that an owner of an animal
operation with an animal waste management system, or an Operator in Charge of an animal waste management system,
willfully violates the requirements of G.S. 9OA-47 and this Subchapter, Violations that may result in the assessment of
civil penalties include, in addition to matters specially referenced in G.S. 90A -47.5(a), failure to designate a properly
certified Operator In Charge of the animal waste management system as required by G.S. 90A -47.2(a).
History Note: Authority G.S. 90A-47,- 90A-47.5; 143B-300;
Temporary Adoption Eff. Jan=y 7, 1997,-
Eff.
997;Eff. August 1, 1998.
.0503 STANDARDS
In determining the amount of the assessment the Secretary, or his designee, shall consider the following standards:
(1) duration of the violation;
(2) other violations of this Subchapter or G.S. 143-215.6(a);
(3) effectiveness of preventive or responsive measures taken by violator;
(4) cost of rectifying any damage caused by the violation; and
(5) the violator's previous record in complying or not complying with the requirements of G.S. 143, Article 21.
History Note.- Authority G.S. 90A-47; 90A-47.5; 143B-300,-
Temporary
43B-300;Temporary Adoption Eff. Januan., 7, 1997;
Eff. August 1, 1998.
.0504 ASSESSMENT
(a) For all violations for which a penalty is assessed a notice of such action shall be sent to the respondent by certified
mail. The notice will describe the violation, advise that the penalty is due, and advise the respondent of the rights of
appeals as specified in Rule .0505 of this Section.
(b) The Secretary, or his designee, may modify a penalty to a lower amount upon finding that additional or different
facts should be or should have been considered in determining the amount of assessment.
History Note: Authority G.S. 90A-47: 90A-47.5; 143B-300;
Temporary Adoption Eff. January 7, 1997:
Eff. August 1, 1998.
.0505 PAYMENT AND HEARING
(a) Within 30 days after receipt of notification of an assessment, the assessed person must tender payment, or submit
in writing a request for remission or reduction of the penalty, or file a petition with the Office of Administrative Hearings
in accordance with the procedures found in G.S. 150B, Article 3A.
(b) The Secretary, or his designee, will accept and acknowledge all tenders of payment on behalf of the Certification
Commission, Requests for remission or reduction of the penalty will be presented to the Certification Commission and
the respondent will be allowed the opportunity to present its request only when the respondent and Chairman stipulate
that no facts are in dispute, or where the respondent waives his right to an administrative hearing.
History Note: Authoriry G.S. 90A-47; 90A-47.5; 143B-300,-
Temporary
43E-300;Temporary Adoption Eff. January 7, 1997;
Eff. August 1, 1998.
NORTH CAROLINA ADMINISTRATIVE CODE 08121/98 Page 8

4
p.l
Sep 10 of 02:27p
,I tic K I ai c2isr Inc.
Hwy 41
I'D. Box I
fiatrek, Nortit Carolina 28449
Phone: [phone]
Fax: [phone]
Fc) M SR(
Fax Cover Slien
Send to: From: -� .S V �_ Qb r'q,
Mention: , OGL,•t)A Date:
Fax: �•Gg �� �1 phone: Q �]
Total pages including this cover sheet:- .
Urgent Please review
Rc p! y ASAP . For your Wormation
Please Commeht
Comments:

A
tj
LA
ILI AL
Co -
A
tj
Co -
'ID
Z'
+ T
A
tj