820329_ENFORCEMENT_20171231

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Michael F. Easley, GOvemor
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William G. Ross Jr„ Secretary
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North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2007
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Anthony E. Darden
160 Lake Point Lane
Clinton, NC 28328-9761
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Darden Farms
NPDES Permit No. NCA282329
Sampson County
Dear Mr. Darden:
You are hereby notified that, having been permitted to have an animal waste management system .
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition Ill. 12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March l of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newaterguality.org Location: 2728 Capital Boulevard
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Ivo Carolina
AdUra!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

April 3, 2007
Page 2
Mr. Darden
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at [phone] or Miressa D. Garoma at (919)
715-6937.
Sincerely,
Art BArn
Aquif
Fayettev
cc: Facility File Sampson -82-329
APS Central Files
Prestage Farms Inc.
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District
section Supervisor
Regional Office
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F#'°' TES .�
r�0 19P Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Anthony Darden
160 Lake Pointe Lane
Clinton, NC 28328
Re:
Dear Anthony Darden:
April 25, 2006
Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Darden Farms
NPDES Permit No.NCA282329
Sampson County
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition I11.12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwater uali .or Location: 2728 Capital Boulevard Raleigh, NC 27604
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I Carolina
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Telephone:
[phone]
Fax L
[phone]
Fax 2:
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[phone]

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Anthony Darden
Page 2
April 25, 2406
enforcement action for a violation of your permit, return by May 25, 2006 days to
the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
ft-ki
Stephen A. Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 82-329
APS Central Files
Prestage Farms
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District

O� W A r�gQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departnent of Environment and Natural Resources
❑ Alan W. Klimek, P -E. Director
Division of Water Quality
June 6, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Anthony Darden
160 Lake Pointe Lane
Clinton, NC 28328
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Darden Farms
NPDES Permit No. NCA282329
Sampson County
Dear Mr. Darden:
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition 111.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March 1 of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form for the year
2004 as required by your NPDES permit. To avoid possible enforcement action for a violation
of your permit, return by July 6, 2005 to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
No Carolina
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Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http://h2o.cnr.statc.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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Mr. Darden
page Z
June 6, 2005
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by July 6, 2005. The Division of Water Quality has the authority to levy a civil penalty
of not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact one of the
Aquifer Protection staff members at 910-486-1541 or Keith Larick at [phone].
Sincerely,
1�lq
St en A B ardt, L.G.
Aqui otection Regional Supervisor
cc: Facility File 82-329
APS Central Files
Division of Soil and Water, Fayetteville Regional Office
Sampson County Soil and Water Conservation District

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 16, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.Anthony Darden
160 Lake Pointe Lane
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
DardenFarms
Facility No. 82 -329
Sampson County
Dear Mr. Darden:
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On March 14, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality, attempted to
conduct an annual inspection of the Darden Farm in Sampson County. The inspecton was scheduled in advance an
revealed that some of the required records were not available on the farm at the time of the inspection. At the time of
the inspection, you were requested to submit the missing records to the Fayetteville Regional Office within two (2) weeks
and no response has been received to date. Additionally, I contacted Mrs. Darden on or about mid April, 2002 to remind
you of the required documents.
The Division of Water Quality requests that the following items be addressed:
Submit a copy of the waste samples for 2001 and 2002 for the facility.
2. Submit a copy of the IRR -1 and IRR -2 forms for 2001 and 2002 for the facility.
3. Submit a copy of the lagoon levels for 2001 and 2002 for the facility.
Submit a copy of the current CAWMP for the facility.
This information is required to be submitted on or before May 30, 2002 or enforcement action will be
considered. Failure to maintain the required records on the farm could result in an enforcement action and the revocatim
of your General Permit,
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet; waw-w.enr.state.nc.us/ENR
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Page 2
Mr.Anthony Darden
May 16, 2002
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
4-F W rh
oc: Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson County NRCS
Glen CliRon - Prestage Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL. OFFICE
DIVISION OF WATER QUALITY
January 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Anthony Darden
160 Lake Point Lane
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
=- -- _ Darden Swine Farm - - -
..-- - ---- ---- _ . -_--- Registration No. 82-329=_=_--.-_
Sampson County
Dear Mr. Darden:
On October 27, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Darden swine facility. It was
observed that no waste samples had been collected within 60 days of waste
application or during the 1999 season.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Collect waste samples within 60 days of waste application or every
120 days to insure compliance.
Please notify this office on or before February 11, 2000 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.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5048
PKONE 910.4B6-1541 FAX [phone]
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Mr. Darden
Page 2
January 11, 2000
1f you have any questions concerning this matter, please call Robert Heath, at (910) 486-
1541.
Sincerely,
���?�X&2!K
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files ---- �-
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS
Glen Clifton - Prestage Farms

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Anthony Darden
Darden Farms
1207 Beamon St.
Clinton NC 28328
Dear Anthony Darden:
1i•
Admftwdmllw�N oft
NCDENR
NORTH CAROLINA DEPARTMENT OP
ENVIRONMENT AND NATURAL RESOURCES
September 10, 1998
Subject: Notice of Violation
Darden Farms
Facility #: 82-329
Sampson County
This letter transmits a Notice of Violation (NOV) to the subject facility for failing to
apply for a permit as required by N.C.G.S 143-215.1(a)(2). This NOV is based upon the
following facts:
A permit for this animal waste management system is required in accordance with NCAC
2H .0217 and G. S. 143-215.1. In accordance with G.S. 143-215.100, Anthony Darden
was notified by certified mail, which was received on April 20, 1998, of the requirement
to apply for coverage under an Animal Waste General Permit within sixty (60) days of
receipt of the notification (June 19, 1998). No application has been received from
Anthony Darden as of September 10, 1998.
In accordance with Chapter 626 of the 1995 Session Laws (Regular Session 1996),
Section 19(c)(2), any owner or operator who fails to submit an application by the date
specified by the Department SHALL NOT OPERATE the animal waste system after the
specified date. Therefore, the existing animal waste management system is being
operated in violation of G.S.143-215.1(a)(2).
This letter serves as final notice that if the aforementioned application is not received by
the Division of Water Quality Non -Discharge Compliance Enforcement Unit at the
letterhead address within 10 days of your receipt of this notice, the Division of Water
Quality will proceed with an enforcement action against the subject facility. Another
copy of the application is attached for your convenience.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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Anthony Darden Farm #:82-329
Notice of Violation
Page 2
Please be advised that nothing in this letter should be taken as precluding the Division of
Water Quality from taking enforcement action for this violation or any other violations of the
States environmental laws. If you have any questions, please contact Mr. Shannon Langley of
our staff at [phone], extension 581 or Steve Lewis at [phone], extension 539.
Sincerely,
A
'�.Preston Howard, Jr., P.E.
ATTACHMENTS
cc:C egional-Supe sry arED
Farm File 82-329
Central Files w/ attachments
Steve Lewis

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Existing Liquid Animal Waste Operations
The following questions have been completed utilizing information on file with the Division. Please
review the information for completeness and make any corrections which are appropriate. If a
question has not been completed by the Division, please complete as best as possible. Do not leave
any question unanswered.
1. GENERAL, INFORMATION:
1.1 Facility Name: Darden Farms
1.2 Print Land Owner's name: AnthonyDarden
1.3 Mailing address: 1207 Beamon St.
City, State: Clinton NC
Zip: 28328
Telephone Number (include area code): 910-564-6361 or 592-9178
1.4 County where facility is located:
1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a
copy of a county road map with the location of the farm identified): From Clinton take 701 north to Keener. turn right on
SR 1746 go 2.5 miles to McCullen X -roads turn right on 1742. go 1 mile & turn right on 1758 farm at end of road. _
1.6 Print Farm Manager's name (if different from Land Owner):
1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): Prestage Farms
1.8 Date Facility Originally Began Operation: 03/01/93
1.9 Date(s) of Facility Expansion(s) (if applicable):
041WalcVirILela V1T013-UT "allTerk;
2.1 Facility No.: 82 (county number); 329 (facility number).
2.2 Operation Description: Swine operation
Fd—er to Finish
5880- Certified Design Capacity
Is the above information correct? Oyes; F__Jno. If no, correct below using the design capacity of the facility
The "No. of Animals" should be the maximum number for which the waste management structures were designed.
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
0 Wean to Feeder 0 Layer 0 Dairy
0 Feeder to Finish 0 Non -Layer 0 Beef
0 Farrow to Wean (# sow) 0 Turkey
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
Other Type of Livestock on the farm: No. of Animals:
FORM: AWO-G-E 5128198 Page 1 of 4 82-329

2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application
system): _ 36 ; Required Acreage (as listed in the AWMI'): 36
2.4 Number of lagoons/ storage ponds (circle which is applicable):
2.5 Are subsurface drains present within 100' of any of the application fields? YES or NO (please circle one)
2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or NO (please circle one)
2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only)
YES or NO (please circle one)
What was the date that this facility's swine houses and lagoon were sited?
What was the date that this facility's land application areas were sited?
3. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Applicants initials
3.I 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 CAWMP, it must be completed prior to submittal of a general permit
application for animal waste operations.
The CAWMP must 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 (e.g. 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 gown 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 for every crop utilized in the WUP.
3.3.9 The required NRCS Standard specifications.
3.3. 10 A site schematic.
3.3.11 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 pond capacity documentation (design, calculations, etc.). Please be
sure to include any site evaluations, wetland determinations, or hazard classifications
that may be applicable to your facility.
3.3.16 Operation and Maintenance Plan.
If your CAWMP includes any components not shown on this list, please include the
additional components with your submittal.
FORM: AWO-G-E 5/28/98 Page 2 of 4 92-329

Facility Number: 82 - 329
Facility Name: Darden Farms
4. APPLICANT'S CERTIFICATION:
I,
(Land Owner's name listed in question 1.2), attest that
this application for (Facility name listed in question 1.1)
has been reviewed by me and is 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 not included, this application
package will be returned to me as incomplete.
Signature Date
5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
I,
(Manager's name listed in question 1.6), attest that this
application for (Facility name listed in question 1.1)
has been reviewed by me and is 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 not included, this application
package will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FAX NUMBER: [phone]
FORM: AWO-G-E 5/28/98 Page 3 of 4 82-329

DIVISION OF WATER QUALITY REGIONAL OFFICES UM
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FORM: AWO-G.E SrAM page 4 d4

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
�EHNR
January 14, 1998
RECEI%7 a2ft
V;=D
AN 2 0 1998
TO: Fayetteville Regional Water Quality Supervisor FAYEITEVILLE
FROM: Sue Homewood* REG. OFFICE
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 82-329 and 82-608 were combined under one facility number, 82-329.
Facility number 82-608 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. Bog 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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