820376_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Ruai

P__LAN_OI=_A,GTJON(Poa) FOR HIGH FREEBOARD_AT_ANIMALFACILITIES__
Facility Number: 82-376
County: Sampson
Facility Name: ADJ Nursery #1
Certified Operator Name: Ronald Cannady Operator Number:
18362
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and From the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/ID: 1
Spillway(Y or N): N
Level(inches)- 18
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWO prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
`Attach a complete schedule with corresponding animal units and dates fro depopulation
*if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste
9/21/2018
I hereby certify that I have reviewed the information listed above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
ADJ Farms Ronald Cannad Phone:
Facility Owner/Manager (print)
Date:
Facility Owner/Manager (signature)
910-564-6207
10/13/2018

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
14 February 2012
Mr. Ronald G. Cannady
ADJ Farms, Inc.
1366 Bass Lake Road
Roseboro, North Carolina 28382
Subject: Notice of Regulatory Requirements - Resolved
Permit # 82-0376: ADJ Farms, Inc.
Sampson County
Dear Mr. Cannady;
Based on the events outlined below, that have taken place at 6900 Faison Highway:
Dee Freeman
Secretary
1). Sampson County installing a water meter on 15 or 16 January 2012;
2). Ronald Cannady installing a water line and valve to connect the residence at 6900
Faison Hwy to the Sampson County water system on 17 January 2012;
3). Sign installed on 1 February 2012 at the existing well indicating "non -potable water"
the Notice of Regulatory Requirements letter dated 20 December 2011 has been resolved
and this issue is closed. The Division of Water Quality (DWQ) appreciates your prompt
response concerning this matter and providing a permanent remedy to the water supply
going to the residence at 6900 Faison Highway to avoid future health issues. DWQ
personnel conducted a site visit on 3 February 2012 to review site conditions and confirm
that a sign had been placed at the existing well indicating that the water from the well is
considered "non -potable". Any future use of this water supply by the current homeowner
or future homeowners is at their own risk.
If you have any questions concerning this matter, please do not hesitate to contact me at
[phone] or email me [e-mail].
Since ` y,
Jim 4/ `-M
arber
Regional Engineer
Aquifer Protection Section
cc: Ms. Hope Willoughby
Sampson County Health Department: Dan Holland
APS FRO File: AWS 82-0376
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 ne 1
Phone: 91 OA33-33001 FAX: 910A86-07071 Customer Service: 1.877-623-6748 N0 C arollrla
Internet: vrw►w.h20.enr.sta1e.nc.us
An Equal Opportunity 1 Affirmative Action Employer ��������

�oF WAr4S Michael F. Easley, Governor
p
William G. Ross Jr., Secretary
�0 p North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E_ Director
0 Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADJ Nursery
-1366 Bass Lake Road
Roseboro, NC 28382
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
ADJ Nursery
Facility Number 82-376
Sampson County
Dear Owner:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. Wd also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
http:Ifh2o.enr. state. nc. us
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. if you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Si re y,
4
Paul E. Rawls v
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-376
Non -Discharge Compliance and Enforcement Unit
Central Files

0
�0� W A 9�G Michael F. Easley, Govemor
William G. Ross Jr., Secretary
0 7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P-E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADJ Nursery
1366 Bass Lake Road
Roseboro, NC 28382
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
ADJ Nursery
Facility Number 82-376
Sampson County
Dear Owner:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. Wd also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Cusfomer Service: Mailing Address: Telephone. [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http://h2o. enr. state. nc. us
�1pa
t«,C3E®R
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Si re y,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-376
Non -Discharge Compliance and Enforcement Unit
Central Files

April 30, 2003
Mr. John Hasty
NC Division of Water Quality
225 Green StreetSuite 714
Fayetteville, NC 28301-5043
Dear John,
f
MAY - 2 20M
In regards to a Notice of Violation/Request for Information received from Alan Klimek
dated April 16, 2003 concerning ADJ Nursery, Farm number 82-376, I enclose the
following items:
Irrigation records for the previous twelve months
Weekly freeboard levels for the previous twelve months
Current lagoon level, according to the lagoon markers is 2 1 " of freeboard.
The cropping system is in place as per our waste plan. An additional 10 acres of coastal
bermuda has been added to this farm's waste plan and a new irrigation system has been
installed.
Irrigation occurred as soon as weather and soil conditions were favorable for application
and in accordance to pe nit requirements.
This farm has not been stocked with any animals since December 2002. We purchased
this farm in March, and are awaiting a new permit..
The lagoon level is not presently in violation of permit requirements.
I irrigated only when weather and soil conditions were favorable and so as not to
experience run-off or ponding. I am submitting records that I have for the previous
owners pumping and hope that I will not be held accountable for any actions taken before
we took ownership. I cannot insure that this lagoon will never experience a freeboard
violation in the future. However, you are aware of the management of our other farm and
realize that I am working, to the best of my ability, to meet and exceed permit
requirements and deal with rainfall and other issues that I have absolutely no control
over.
If you have any questions, do not hesitate to contact me at 910 564-6207
Sincerely,
e ey . Warren

FARM OWNER: ADJ
;?,x3 �o.rh(
REPORT DATE: 5/112003
FARM NAME OR #: NURSERY
DATE OF LAST
LAGOON ANALYSIS: 3/13/2003
Field Number Date of Last N2 Applied at
Total Volume
CROP CYCLE
N2 NEEDED
PAN Applied
Nitrogen Balance
HOURS LEFT TO PUMP
Application Last Application
PP RP
Applied
PR
ENDS
PER CROP
'(+I NUTRIENT NFFD
' - NUTRIENT EXCESS
ON ENTIRE FIELD USING THE
LAST APPLICATION SETTINGS
FIRST CROP I DOUBLE CROP
FIRST CROP I DOUBLE CROP
(Ibs/ac)
(gallons)
(lbs/ac)
(lbstac)
TRACT #: 7324
1 - 1
CROP _BERMUDAIRYEl3/01„,10/01
KFIE
BEFORE Kid/6112-00-35M
AFTER
BEFORE 1010112003
AFTER
4/24/2003 I 11 f3,400
2129/04 275 — 100 11
+ 264
1 +
100
1-2
CROP: BERMUDAYIF21!E=310E2
�w ... �...
FIEL'0' SIZES 1w29, CACARES.
E
BEFORE
10/01/2003
AFTER
BEFORE 10/0112003
AFTER
4124/2003 8 6,300
2/29104 275 --- 100
8
+ 267
+
100
1 - 3
..._� .10..-� . v
1310i-10/01 . FIELO'SIZE: T8,WCRES
BEFORE 10101/2003
AFTERBEFORE
i010112003
AFTER
��op'I7EmuUinOR,q-
4l2003 10 8,4f1J
2129104 275 --- 100
10
1 + . 265
1 +
100
1 4
CROPt BERMU[7AIRYE 310 1 0 0 .
< m
F..IELD"�51ZE; ,? 1.73,A FiES
w w..w .,„I , 7,„ ,.._..
BEFORE
10/01/2003,
AFT ER
BEFORE 1.010,112D03 ,A
AFTER
4 3/3/2003 5 1 5,250
2/29/04 275 -- 100
5
1 + 270
+
150
1 -5
CRAP, BERMU AIRYE,3101-10/01:
FIEL�SIZE: 2.iZ.ACRES
BEFORE
10/07./2003
AFTER
BEFORE 1010,'172
AFTER
4/28/2003 10 27,300
2/2 -100 275 — 100
22
1 + 253
+
100
1 6
CROP.: BERMUDA_IfiY_E=3101 10101;
- ..._
�16
FIELD$IZE •2103rAGRES
BEFORE
10/01/2003i
AFTER
BEFORE 10/D112003,
AFTER
4I23l2003
18'900
2/29104 275 --- 1 DO
16
+ 259
+
100
.............»...»...............................................»,...».............................».....................
.».».»...»»...........».................»..
........
.........».,..»..............................».»....,..........»
TRACT #: 7327
2 - 5 CRiP_lF3ERNIl] RY�0:/:0:1M
20
FIELDD51�E= 0;571ACRES
2/29/04 275 - - 50 24
BEFORE 10/01/2003 AFTER
+ 251 1 + 5
BEFORE ,10101/2003 AFTER
2-6
°CROP, 8ERfiAUDA,RYE;3/01r-,1Q/Q1. FIELD SIZE: D2 A RES;
p
BEFORE 10I0 i/2003 AFTER
BEFORE �,;10101/2003, AFTER
3/19120D3 231 3,960
2129104 275 - 50 23
252
5
2. 7
__��__ I. „�
dffd-K8ERMUDAIR„YE 31Q1�10/01
_
IELn SIZE �,;'
�Y _....._
0 57�1PACRESx
BEFORE 10/01/2003 AFTER
(r.- - 'Vol
BEFORE 1f101011z003 AFTER
4/24/2003 24
7,920
2129104
275 -- 50 24
1 + 251 50
TRACT #: 7332 _ _
r.�. ' BEFORE 10/0112003,` 11 AFTER BEFORE ,I110/01/2 03„ AFTER
2 10 CRP CBI=RMUQAIRY+310110IE}1 �FI�LDSIZE�:571�ACRES, " - �' 0 q E
4/3/2003 21 6,930 2129I04 300 --- 50 21 + 279 + 5
1 of 2

FARM OWNER: ADJ
DATE OF LAST
REPORT DATE: 5/1/2003 FARM NAME OR#: NURSERY LAGOON ANALYSIS: 3/13/2003
Field Number
Date of Last
Application
N2 Applied at
Last Application
(lbs/ac)
Total Volume
Applied
(gallons)
CROP CYCLE
ENDS
N2 NEEDED
PER CROP
(lbs/ac)
PAN Applied
(lbs/ac)
Nitrogen Balance
"(+) NUTRIENT NEED
"- NUTRIENT EXCESS
HOURS LEFT TO PUMP
ON ENTIRE FIELD USING THE
LAST APPLICATION SETTINGS
FIRST CROP I DOUBLE CROP
FIRST CROP I DOUBLE CROP
2 - 11
fCROP:'BERMUQA/RYEi3l01"10161' � ,',,
FIELDYSIZE 0 566 ACRES
1_
BEFORE '€€ 01b112003"ut { AFTER
1 1�
BEFORE �Q/n zoo ;:! AFTER
.
4/3/20&T—F 24 7,920
2/29/0A 300 -- 50
24
276 + 50
2 - 12
CROP::BERMUDPURYE 3/ni ipl0 ',
T
FIEI b SIZE �..Jad6�ACRES
BEFORE a',10/0,1/2U0 AFTER
BEFORE 3 .,iP/01/200,3 -` AFTER
4/24/2003 15 11,880
2129/04 300 -- 50
36
+ 264 + 50
CROP, BERMIJDAlF2YE^31Q1=10101N _.'. _ trIELD{51Z ,�. n 571�;4Cf7ESc
BEFORE r?;;iD14112003 AFTER
BEFORE ,r,;,iQ/d120Q3;f'f AFTER
3119I2003 21 6,930
2129l04 300 -- 50
21
+ 279
+ 50
— HOURS LEFT TO PUMP -- caution should be taken when using this estimate as it approaches zerol This is an estimate and factors such as changes in application rates (gpm) and fluctuations in lagoon analysis (especially during winter months) may cause
it to be incorrect! Failure to allow for such changes can cause over applicationsl
FIELDS WITH NO CURRENT PUMPING EVENTS:
FARM ORTRACT #: 7327 CROP YEAR END DATE ACRES
17 NOT ACTIVE 2129/04 BERMUDAIRYE 3/01-10/01 3.5
21 _ NOT ACTIVE 2129104 BERMUDAIRYE3/01-10/01 0.29
22 NOT ACTIVE 2129104 BERMUDA/RYE 3/01-10/01 029
23A I NOT ACTIVE 2/29104 j BERMUDAIRYE 3101-10101 1 029 1
23B I NOT ACTIVE 2/29/04 1 BERMUDAtRYE 3101-10101 1 0.29 1
FARM ORTRACT #: 7332 CROP YEAR END DATE ACRES
28 NOT ACTIVE 2129104 BERMUDA/RYE 3/01-10/01 0.571
2of2

Form lRR-2 Laaoon Irriaation Fields Report i
REPORT DATE: 5/1/2003 One Form for Each Field per Croq Cvcle
TRACT # 1 Field # 7324 1 1 FARM NAME OR #: NURSERY
Fields Size (acres) m (A) 9.89
FARM OWNER: AQJT' ::);?'?, � Irrigation Operator RONALD CANNADY
Owner's Address 1366 BASS LAKE RD Irrigation Operator's
ROSEBORO NC T28382 Address
Owner's Phone [phone] Operator's Phone #
From Waste Utilization Pla
Crop Type BERMUDAIRYE 3/01-10/01 Recommended PAN 375 275 --- 100
Loading (Ibslacre) = (B)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(11) First Crop
(11) Double Crop
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mmldd/yr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(Ibslacre)
Nitrogen Balance
(Ibslacre)
(gal/min) (gallons) (gal/acre) (lbs11000 gal) (Ibslacre)
(3)-(2) (6)x(5)x(4) 7/(A) See (9) Below (8)x(9)11000
Before 10/01/2003
'See (11) Below
After 10/01/2003
`See (11) Below
4123103
11:30 AM
12:45 PM
75
1
70
5,250
531
1,70
0.9
+ 274
+ 100
4/23103
1:00 PM
5:30 PM
270
1
70
18,900
1,911
1.70
3.2
+ 271
+ 100
4/23103
6:00 PM
9:30 PM
210
1
70
14,700
1,486
1.70
2.5
+ 268
+ 100
4/24103
10.00 AM
12:00 PM
120
1
70
8,400
849
1.70
1.4
+ 267
+ 100
4/24/03
12:30 PM
2:30 PM
120
1
70
8,400
849
1.70
1.4
+ 265
+ 100
4124103
3:00 PM
4:30 PM
90
1
70
6,300
637
1.70
1.1
+ 264
+ 100
4128/03
100 PM
6:00 PM
180
1
70
12,600
1,274
1.70
2.2
+ 262
+ 100
HOURS LEFT TO PUMP 383.2 Before 10/01/2903 t�l'lu ll n'=n - n==u
ON ENTIRE FIELD USING THE CROP CYCLE TOTALS "(•j NUTRIENT EXCESS
CURRENT SAMPLE ANALYSIS 138.5 1 After 1 10101 /2003
— HOURS LEFT TO PUMP -- caution should be taken when using this estimate as it approaches zero! This is an estimate and factors such as changes in application rates (gpm) and ftuctualions in lagoon analysis (especially durtng
winter months} may cause it to be incorrect! Failure to a!iow for such changes can cause over applications!
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section
(11)Enter the value recieved by subtracting column (10) from (B). Continue
subtracting column (10) form column (11) following each irrigation ev
Owner's Signature
Certified Operator (Print)
Operator's Signature
1of1

Form IRR-2 Laaoon Irriaation Fields Reoort
REPORT DATE: 5/1/2003 One Form for Each Field Der Crop Cvcle
TRACT # 1 Field # 7327 1 2 FARM NAME OR #: NURSERY
Fields Size (acres) = (A) 2.88
FARM OWNER: Irrigation Operator RONALD CANNADY
Owners Address 1366 BASS LAKE RD Irrigation Operator's
ROSEBORO NC 28382 Address
Owners Phone [phone]D7 Operator's Phone #
From Waste Utilization Pla
BERMUDA/RYE 3/01-10/01 Recommended PAN 325 275 -- 50
Crop Type Loadina llbslacrel = (B)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(11) First Crop
(11) Double Crop
Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied
mm/ddlyr Time Time Minutes Operating per Acre PAN
Nitrogen Balance
(lbs/acre)
Nitrogen Balance
(lbs/acre)
(galrrnin) (gallons) (gal/acre) (lbs/1000 gal) (Ibsracre)
(3)-(2) (6)x(5)x(4) 7/(A) See(9)Below (8)x(9)11000
Before 10/01/2003
"See (11) Below
After 10/01/2003
"See (11) Below
3/19/03
12:00 PM
1:00 PM
60
1
66
3,960
1,374
1.70
2.3
+ 273
+ 50
3119103
1:00 PM
3:00 PM
120
1
66
7,920
2,748
1.70
4.7
+ 268
+ 50
3/19/03
5:00 PM
6:00 PM
60
1
66
3,960
1,374
1.70
2.3
+ 266
+ 50
4/23103
10:30 AM
11:30 AM
60
1
66
3,960
1,374
1,70
2.3
+ 263
+ 50
4124/03
4:30 PM
6:30 PM
120
1
66
7,920
2,748
1.70
4.7
+ 259
+ 50
HOURS LEFT TO PUMP c r , r 4v ' a {+I Nu i MrN i NttU
ON ENTIRE FIELD USING THE 110.7 Before 10/01/2003 CROP CYCLE TOTALS •(-) NUTRIENT EXCESS
CURRENT SAMPLE ANALYSIS 1 21.4 After 10/01/2003
— HOURS LEFT TO PUMP — - caution should be taken when using this estimate as it approaches zero! This is an estimate and lactors such as changes io application rates (gpm) and fluctuations in lagoon analysis (especially during
winter months) may cause it to be incorrectl Failure to allow for such changes can cause over applications!
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section
(11)Enter the value recieved by subtracting column (10) from (B). Continue
subtracting column (10) form column (11) following each irrigation ev
Owners Signature
Certified Operator (Print)
Operators Signature
1 of 1

Form IRR-2 Laaoon Irrigation Fields Reoort
REPORT DATE: 5/1/2003 One Form for Each Field ner Croo Cvcle
TRACT # ! Field # 7332 I FARM NAME OR #: NURSERY
Fields Size (acres) = (A) 2.84
FARM OWNER: ADJ-gr)�E'€t",�"''`�'�i1 Irrigation Operator RONALD CANNADY
2
Owner's Address 11366 BASS LAKE RD Irrigation Operators
ROSEBORO I NC 128382 1 Address
Owner's Phone I(910)-564Operator's Phone #
From Waste Utilization Pla
BERMUDA/RYE 3/01-10101 Recommended PAN 350 300 -- 50
Crop Type Loading (Ibs/acre) = (B)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11) First Crop
(11) Double Crop
Date
mm/dd/yr
Start
Time
End
Time
Total
Minutes
# of Sprinklers
Operating
Flow Rate Total Volume
Volume
per Acre
Waste Analysis
PAN
PAN Applied
Nitrogen Balance
(Ibs/acre)
Nitrogen Balance
(Ibs/acre)
(3)-(2)
(gal/min)
(gallons)
(6)x(5)x(4)
(gal/acre)
7/(A)
(t6s11000 gal)
See (9) Below
(Ibs/acre)
(8)x(9)11000
Before 10101 /20031
`See (11) Below
After .1011IU2003
'See (11) Below
3119/03
3:00 PM
4:45 PM
105
1
66
6,930
2,436
1,70
4.1
+ 296
+ 50
413/03
10:30 AM
12:30 PM
120
1
66
7,920
2,784
1.70
4.7
+ 291
+ 50
4/3/03
1:00 PM
2:45 PM
105
1
66
6,930
2,436
1.70
4.1
+ 287
+ 50
413/03
3:00 PM
4:45 PM
105
1
66
6,930
2,436
1.70
4.1
+ 283
+ 50
4124/03
6:30 PM
7:45 PM
75
1 1
66
4,950
1,740
1.70
3.0
+ 280
+ 50
HOURS LEFT TO PUMP 118.3 Befog 10101l2003 dO,00U LU I+) nu rlltn nkkU
ON ENTIRE FIELD USING THE CROP CYCLE TOTALS 'I-) NUTRIENT ExCE55
CURRENT SAMPLE ANALYSIS 21.1 After 1 10/01/2003
--' HOURS LEFT TO PUMP '-' - caution should be taken when using this estimate as it approaches zero! This is an estimate and factors such as changes in application rates (gpm) and fluctuation in lagoon analysis (especially during
winter months) may cause it to be incorrect! Failure to allow for such changes can, cause over applications!
(9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section
(11)Enter the value recieved by subtracting column (10) from (B). Continue
subtracting column (10) form column (11) fallowing each irrigation ev
Owner's Signature
Certified Operator (Print)
Operator's Signature
1 of 1

FORM IRR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Field # Facility Number
AV
Irrigation Operator ,F,'d
Irrigation Operator's
AddressrC9,�
Operator's phone it�) v`3" ---� � 6 i
From Waste Utilization Plan
Crop Typo Y �I -^ _ —' a — — _ Recommended PAN Loading
ur 121 13? 14) 45t tar tit rill to,
kJAY"Cl
NWnny.
oLVJyci
(late
mnJdd/yr
Irrigation
WasteAna)ysisPAN' PAN Applied Nitrogen
9 trance'
(1b/1000 gno (lblacra) (Moore)
-u*19L
t0p0
51art Time
End Time
TOW
Mimes
(3). (n
0 of SprWilors
Operaling
N. _Z— AT-rt
�`•"• `
Flow Rate
(gallnrn)
Total Volume
igatlons)
(6) , (5}, (4)
Volume
per Acre
(gWacre)
_(y}
er t
r �U
o
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Crop Cycle Totals
Owner's Signature..�.1
Cettilied Operator (Print)
Operator's Signature
Operator's Certification No.
r NWA Waste Anaylysis or Equivatenl or NRCS Estimate, Technical Guide Section 633.
Enler the value received by subtracting column (10) 1rom (S) Continue subtracting column (10) from column (11) following each irrigation event

FORM IRR-Z Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle /
react Field # I A" Facility Number -
Field Size (acres) = (A) .1 G
Farm Owner 10 c/ 'J." Irrigation Operator ^v, T
V •:yG -I• K
Owner's Address 9 76- r r H -v Irrigation Operator's
Address
Owner's Phone # Operator's Phone t!
From Waste Utilization Plan
Crop type y Recommended PAN Loading II i
- — — (lblaere) = (0)
n, r1t r3r re, rc.. rr;r r7, ro.
Date
rrmdddM
litigation
Waste An '
��is PAN
(lb11000 gal
rVr 0 1)
PAN Alied Wjo
pp 9an Balance
(Iblacre) lblacre
,sue ()
_ (e)�csL ���• {B} - {10)
i000
Start Time
End Time
Total
minutes
(3) - (Z)
A of SQrSprinklers
Operating
Flow Rene
IgaUminl
Total Volume
(gailoms)
(6) • 15) - 14)
Volume
per Acre
(gaVacue)
(7)
A,1 t
1 - -a�
.r
r
790
j�
Crop Cycle Totals I i
Owner's Signature
Certified Operator (Print)
Operator's Signature Y�
Operator's Certification No-
NWA Waste Anaytysis of Equivalent or NRCS Estlrnale. Technical Guide Section 633,
[rater the value received by subtracting column (10) from (B) Continue srrt.11racling column (10) horn cotunm (1 1) following each iriigallon event

AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
7200 pigs X .4 tons waste/pigs/year = 2880 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
7200 pigs X .48 lips PAN/pigs/year = 3456 PAN/year
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown,
soil type and suface application.
TABLE 1 : ACRES OWNED PY PRODUCER
TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LES AW COMM ACRES LES AW APPLIC.
DETERMINING PHASE CODE NIACRE NIACRE USED TIME
7324 1 wAGRAM 0-6% E3H 1 5.51 275 01 9.881 2717 MAR-OCT
7324 1 IWAGRAM 0-6% SG 1 1001 01 9.881 9881 SEP-MAY
TOTALS: 3705
Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in
some eastern counties of NC to have a nutrient management plan that addresses all
nutrients. This plan only addresses Nitrogen.
Page 2 of 10

TABLE 2: ACRES WITH AGkEEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land. See required specifications 2.)
TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC.
DETERMINING PHASE CODE NIACRE N/ACRE USED TIME
7327
I 1
IWAGRAM 0-6% BH
5.5
2751 01
3.5
962.51 MAR-OCT
7327
(- 1
AGRAM 0-6% 1 SG
i 11
501 01
3.5
1751 SEP-MAY
7327
2
WAGRAM 0-6%
BH
5.5
2751 01
2.9
797.51 MAR-OCT
7327
2
WAGRAM 0-6%
SG
1 1
501 01
2.91
1451 SEP-MAY
7332
I 2
MARVYN 0-2%
BH
I 61
3001 01
3.4
10201 MAR-OCT
7332
- 2
IMARVYN 0-2%
SG
1 1
501 01
1701 SEP-MAY
7327
3
JMARVYN 0-2%
BH
6
3001 01
1.71
5101 MAR-OCT
7327
3
MARVYN 0-2%
1 SG
1
501 DI
1.7
851 SEP4MAY
TOTALS: 3865
Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
* Acreage figures may exceed total acreage in field due to overseeding.
**Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial
nitrogen (COMM N) supplied.
The following legend explains the crop codes used in TABLES 1 and 2 above -
CROP CODE CROP UNITS LBS NIUNIT
BH
HYBRID BERMUDAGRASS-HAY
TONS 50
SG
J SMALL GRAIN OVERSEEDED
AC 50
Page 3of10

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Date
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Lagoon #
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RAINFALL LEVELS LAGOON LEVELS
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Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
< Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003 -`�
CERTIFIED MAIL 3 ;
RETURN RECEIPT REQUESTED
ADJ Farm Inc- —'
1366 Bass Lake Rd
Roseboro NC 28382
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
ADJ Nursery
#82-376
Sampson County
Dear Sir or Madam:
On April 10, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on September 3, 1999. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in .our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
AG"'A.
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
htlpYlh2o. enr. state. nc. us

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

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
May 23, 2001
MR DAVID SINCLAIR
DAVID SINCLAIR FARM
6978 FAISON HIGHWAY
FAISON NC 28341
A&4�
D E N R
SUBJECT: Acknowledgment Receipt Letter
Case # DD 99-376
Sampson County
Dear Mr. Sinclair:
This letter is to acknowledge receipt of your check No. 2014 in the amount of
4.656.96, received from David Sinclair Farm on May 22, 2001.
This payment satisfies in full the civil assessment in the amount of $4.656.96
levied against David Sinclair and this enforcement case has been closed. Payment of
these penalties in no way precludes further action by this Division for future violations.
cc:
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
�.� Z."
//7�-Jeff Poupart, Supervisor
—Non-Discharge Compliance &Enforcement
Fayetteville Regional Office
Enforcement/Compliance Files DD 99-007
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVF& 15
DAVID SINCLAIR
Petitioner,
V.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0126
0MC or
)
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER }
QUALITY )
Respondent. )
RECOMMENDED DECISION
This matter was heard before Administrative Law Judge James L. Conner, H, on
June 12, 2000, in Fayetteville, North Carolina, on a Petition for a contested case hearing
to appeal the Respondent's assessment of a civil penalty against Petitioner in the amount
of $4,000.00 plus $656.96 in investigative costs for a discharge of animal waste to the
waters of the State of North Carolina.
APPEAR-4,NCES
For Petitioner: David Lynn Sinclair
6978 Faison highway
Faison. North Carolina 28341
For Respondent: Mary Dee Carr -away -
Assistant Attorney General
N.C. Department of Justice
PO Box 629
Raleigh, North Carolina 27602-0629
ISSUES
1. Whether David Sinclair (hereinafter, Petitioner) violated the water quality laws of
State of North Carolina, specifically N.C. Gen. Stat. § 143-215.1 and 15A NCAC
211.0217 by discharging animal wastewater into waters of the State?
2. Whether Respondent correctly assessed an appropriate civil penalty. for the
violation?

0
Based upon careful consideration of the testimony and evidence received during
the contested case hearing as well as the entire record of this proceeding, the undersigned
makes the following:
FINDINGS OF FACT
1. Petitioner is an individual residing at 6978 Faison Hi¢hwav, Faison, North
Carolina. in Sampson County.
2. Respondent is a State agency established pursuant to N.C. Gen. Stat. §§ 143B-275
et seq. and vested with the statutory authority to enforce the State's environmental
pollution laws; including laws enacted to protect water quality of the State.
3. Petitioner owns and operates a swine operation Iocated off of Highway 403 in
Sampson County, North Carolina. This facility was deemed permitted as a nondischarge
facility on Niovember 22.1993 in accordance with 15A NCAC 2H.0217.
A. On March 15, 1999, during a routine inspection of Petitioner's swine farm, Scott
Faircloth, an employee of the North Carolina Division of Soil and Water Conservation
observed a discharge of wastewater from the rear of hog house number two to a diversion
ditch which runs to Six Runs Creek, in the Cape Fear River Basin. Mr. Faircloth
observed the wastewater exiting the hog house through a pit fan and flowing through the
diversion ditch into Six Runs Creek.
5. DWQ staff members Jeffrey Brown. Robert Heath, and John Hasty arrived at the
Sinclair Farm at approximately 4:30 p.m. on March 15. 1999 to investigate the cause of
the discharge. John Hasty took fecal coliform bacteria samples at the source of the
animal wastewater, the point of discharge, and at upstream and downstream locations.
The results of analysis of the fecal coliform samples reflected an elevated fecal colifo-rm
level of 110.000 colonies per 100 milliliters in Six Runs Creek at the downstream sample
location.
6. Durins Jeffrey Brown's inspection of the farm on March 15. 1999, Petitioner
informed him that the sprinklers in hog house number 2 had been left rim=2 on the
evening of March 14. 1999. A pipe that convevs wastewater from hog house number 2 to
the lagoon had become blocked with debris which resulted in wastewater exiting through
the pit fan at the rear of the hog house. Y
7. a Notice or' Violation (NOV) was seat to Petitioner bt: Resnondent on March 17,
1999 infor.=2 Petitioner that the discharge of anirnal waste to "waters of the State" was
a violation or his non -discharge permit.

ik
-5-
& Respondent had authority to assess enforcement costs against Petitioner in this
matter pursuant to N.C. Gen. Stat. § 143-215.3(a)(9) and N.C. Gen. Stat. § 143-
282.1(b)(8).
9. In determining the amount of the penalty, Respondent properly considered the
factors set forth in N.C. Gen. Stat. § 143B-282.1, as required by N.C. Gen. Stat_ § 14')-
21 5.6A. -
10. A $4,000.00 civil penalty plus $656.96 in enforcement costs for the violation is
reasonable and appropriate under the circumstances and is in accordance with the water
quality statutes and the rules promulgated thereunder.
11. In assessing the civil penalty, Respondent did not act erroneously, fail to use
proper procedure, act arbitrarily and capriciously; or fail to act as required by law or'rule.
Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned
makes the following. Y
RECOMMENDED DECISION
The Environmental Management Commission should uphold the Director of the
Division of Water Quality's decision to assess a civil penalty in the amount of $4,000.00
plus $656.96 in enforcement costs against Petitioner.
It is hereby ordered that the Environmental Management Commission serve a
copy of the final decision on the Office of Administrative Hearings, 6714, Mail Service
Center_ Raleigh. North Carolina 27699-6714 in accordance Aith North Carolina General
Statute § 15OB-36(b).
NOTICE
The Environmental Management Commission, the agency malting the final
decision in this contested case, is required to give each pare an opportunity to file
exceptions to this recommended decision and to present wrirten arguments to those in the
agency who will make the fir_ai decision. N.C. Gen. Stat.S 1-50B-36(a).
The Environmental Management Commission is required by N.C. Gen. Stat. §
16013-36(b) to ser%-e a cope of the final decision on all parties and to the Office of
Administrative HearinLs.

A copy of the foregoing was mailed to:
David Sinclair
6978 Faison Highway
Faison, NC 28341
Petitioner
Mary Dee Carraway
Assistant Attorney General
NC Department of Justice
PO Box 629
Raleigh., NC 27602-0629
Attorney for Respondent
This the lS day of August, 2000.
Office of Administrative Hearings 1
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
919/733-2698
Fax: [phone]

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CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADJVI MSTRATTVE HEARINGS
COUNTY OF NEW HANOVER 00 ERR 0126
pAVID SINCLAIR
)
Petitioner,
)
V.
) RECOW ENDED DECISION
NORTH CAROLINA DEPARTMENT OF ENVIRONNUUW
AND NATURAL RESOURCES, DIVISION OF WATER
)
QUALITY.
)
Respondent.
}
This matter was heard before Administrative Law Judge James L. Conner, II, on June 12, 2000, in Fayetteville, North
Carolina, on a Petition for a contested case hearing to appeal the Respondent's assessment of a civil penalty against Petitioner in the
mount of $4,000.00 plus $656.96 in investigative costs for a discharge of animal waste to the waters of the State of North Carolina.
APPEARANCES
For Petitioner. David Lynn Sinclair
6978 Faison highway
Faison, North Carolina 28341
For Respondent: Mary Dee Carraway
Assistant Attorney General
N.C. Department of justice
`. PO Boa 629
Raleigh, North Carolina 27602-0629
s ISSUES
1. Whether David Sinclair (hereinafter, Petitioner) violated the water quality laws of State of North Carolina, specifically N.C.
Gen. Stat. § 143-215.1 and 15A NCAC 2H.0217 by discharging animal wastewater into waters of the State?
2. Whether Respondent correctly assessed an appropriate civil penalty for the violation?
- TES'IWMG WITNESSES
Petitioner:
l David Sinclair
..Respondent:
J. Danny,Scott Faircloth
2 Robert Heath F I o-e CC —S
Calvin John Hasty � _ Z
Zr c,o
Jeff=y Brown
. 5. Kerr Thomas Stevens
ELM�B RECEIVED INTO EVIDENCE
'"over:
None
REMIE
SEP 2 5 2000
FAY T'TEVUr-
REG. 0FFic7--
:,-�pondent:
NORTH CAROLIlYA REGISTER
September 15, 2000
693

CONTESTED CASE DECISIONS
1. Map/Diagram of Sinclair Farm '
2. Scott Faircloth's March 15, 1999 inspection report
3. March 15, 1999 photograph at Sinclair Farm
4. March 15, 1999 photographs at Sinclair Farm'
5. March 15, 1999 photographs at Sinclair Farm
6. Chain of Custody Sheet for March 15, 1999 water quality samples
7. Certificate of Analysis for March 15, 1999 water quality samples
8. Jeffrey Brown's March 15, 1999 inspection report
9. Notice of Violation -- March 17, 1999
10. DWQ Enforcement Report — June 7, 1999
11. Civil Penalty Assessment — January 11, 1999
U. Assessment Factors worksheet
Based upon careful consideration of the testimony and evidence received during the contested case hearing as well as the
entire record of this proceeding, the undersigned makes the following:
FINDINGS OF FACT
1. Petitioner is,an individual residing at 6978 Faison Highway, Faison, North Carolina, in Sampson County.
2. Respondent is a State agency established pursuant to N.C. Gen. Stat §§ 143B-275 et seq. and vested with the statutory
authority to enforce the State's environmental pollution laws, including laws enacted to protect water quality of the State.
3. Petitioner owns and operates a swine operation located off of Highway 403 in Sampson County, North Carolina. This
facility was deemed permitted as a nondischarge facility on November 22, 1993 in accordance with 15A NCAC 2H.0217.
4. On March 15, 1999, during a routine inspection of Petitioner's swine farm, Scott Faircloth, an employee of the North
Carolina Division of Soil and Water Conservation observed a discharge of wastewater from .the rear of hog house number two to a
diversion ditch which runs to Six Rims Creek, in the Cape Fear River Basin. Mr. Faircloth observed the wastewater exiting the hog
house through a pit fan and flowing through the diversion ditch into Six Runs Creek.
5. DWQ staff members Jeffrey Brown, Robert Heath, and John Hasty arrived at the Sinclair Farm at approximately 4:30 p.m.
on March 15, 1999 to investigate the cause of the discharge. John Hasty took fecal coliform bacteria samples at the source of the
animal wastewater, the point of discharge, and at upstream and downstream locations. The results of analysis of the fecal coliform
samples reflected an elevated fecal coliform level of 110,000 colonies per 100 milliliters in Six Runs Creek at the downstream sample
location.
6. During Jeffrey Brown's inspection of the farm on March 15, 1999, Petitioner informed him that the sprinklers in hog house
number 2 had been left running on the evening of March 14, 1999. A pipe that conveys wastewater from bog house number 2 to the
lagoon had become blocked with debris which resulted in wastewater exiting through the pit fan at the rear of the hog house.
7. A Notice of Violation (NOV) was sent to Petitioner by Respondent on March 17, 1999 informing Petitioner that the
discharge of animal waste to `waters of the State' was a violation of his non -discharge permit.
8. On January 1, 2000, the Director of DWQ assessed a $4000.00 civil penalty against Petitioner for a violation of N.C. Gen.
Stat. § 143-215.1 and 15A BCC 21LO217 for the unpermitted discharge of wastewater from the David Sinclair swine farm to Six Runs
Creek, which is Class C Swamp waters of the State. This penalty was 40% of the maxiraum penalty authorized by statute. Petitioner
was also assessed $656.96 in enforcement costs.
9. in assessing the civil penalty against Petitioner, Respondent considered each of the factors listed in N.C. Gen. Stat. § 143-
282.1(b) as required by N.C. Gen. Stat. § 143-215.6A(c).
Based on the foregoing Findings of Fact, the undersigned Administrative taw Judge makes the following:
CO CLUSI NS OF LAW
-f
1. All parties are properly before the Office of Administrative Hearings, and the Office has jurisdiction over the parties and the
subject matter.
f
2. All parties have been correctly designated, and there is no question as to misjoinder or nonjoinder.
t
694 NORTH CAROLINA REGISTER September 15, 2000 15: 6

CONTESTED CASE DECISIONS
Petitioner is a `person" within the meaning of N.C. Gen. Stat. § 143-215.6A pursuant to N.C. Gen. Stat. § 143-212(4).
4. Pursuant to N.C. Gen. Stat. 243-215.1, Petitioner was prohibited from causing or permitting any waste to be discharged to
waters of the State without a permit.
5. On March 15, 1999, Petitioner violated his non -discharge permit issued in accordance with N.C. Gen. Stat, § 143-215.1 and
15A NCAC 21L0217, by discharging animal wastewater from the David Sinclair swine farm to Six -Runs Creek.
6. Six Runs Creek is waters of the State within the meaning of N.C. Gen. Stat § 143-215.1 pursuant to N.C. Gen. Stat. § 143-
212(6).
7. Respondent had authority to assess a civil penalty against Petitioner in this matter pursuant to N.C. Gen. Stat § 143-215.6A,
which provided (as of the date of violation and assessment) that a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who fails to act in accordance the terms, conditions or requirements of a permit required
by N.C. Gen. Stat § 143-215.1.
8. Respondent had authority to assess enforcement costs against Petitioner in this matter pursuant to N.C. Gen. Stat § 143-
215.3(a)(9) and N.C. Gen. Stat § 143 -282. 1 (b)(8).
9. In determining the amount of the penalty, Respondent properly considered the factors set forth in N.C. Gen. Stat § 143B-
282.1, as required by N.C. Gen. Stat § 143-215.6A.
10. A $4,000.00 civil penalty plus $65696 in enforcement costs for the violation is reasonable and appropriate under the
circumstances and is in accordance with the water quality stalutes and the rules promulgated thereunder.
i t . In assessing the civil penalty, Respondent did not act erroneously, fail to use proper procedure, act arbitrarily and
capriciously, or fart to act as required by law or rule.
Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following.
RECOMMENDED DECISION
The Environmental Management Commission should uphold the Director of the Division of Water Quality's decision to
assess a civil penalty in the amount of $4,000.00 plus $656.96 in enforcement costs against Petitioner.
ORDER
It is hereby ordered that the Environmental Management Commission serve a copy of the final decision on the Office of
Administrative Hearings, 6714, Mail Service Center, Raleigh, North Carolina 27699-6714 in accordance with North Carolina General
Statute § 150B-36(b).
NOTICE
The Environmental Management Commission, the agency making the final decision m this contested case, is required to give
each party an opportunity to file exceptions to this recommended decision and to present written arguments to those in the agency who
will make the final decision. N.C. Gen. Stat§ 150B-36(a).
The Environmental Management Commission is required by N.C. Gen. Stat § 15013-36(b) to serve a copy of the final
decision on all parties and to the Office of Adminisirat7ive Hearings.
This the 14" day of August, 2000.
f James L. Conner, U
Administrative Law Judge
rs•� NORTH CAROLRVAREGISTER September 15, 2000 695

t•: ,
�4 s
jn
State of North Carolina
MICHAEL F. EASLEY Department of Justice
Reply to: Mary Dee Carraway
ATTORNEY GENERAL P. O. BOX 629 Environmentai Division
RALEIGH Tel: [phone]
27602-0629 Fax: [phone]
Raleigh, NC 27602-0619
May 5, 2000
David Sinclair
RECEIVED
6978 Faison Highway 41. �Y o 2000
Faison, NC 28341
FAYETTEVILLE
Re. David Sinclair v, DENR - 00 EHR 0126 REG. OFFICE
Dear Mr. Sinclair:
Enclosed please find Respondent's First Request for Admissions, Written Interrogatories,
and Request for Production of Documents for the above -referenced contested case. Please call
me if you have any questions.
Very truly yours
A �CQLt,
Mary Dee Carraway
Assistant Attorney General
cc: Jeffrey Brown, FRO
Steve Lewis, DWQ
enclosures
Neff,

STATE OF NORTH CAROLINA
COLTTY OF SAMPSON
DAVID SINCLAIR
Petitioner,
V.
NCDENR-DIVISION OF WATER
QUALITY
Respondent.
To: David Sinclair
6978 Faison HI'Lliway
Faison, NC 28341
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 01226
RESPONDENT'S FIRST REQUEST
FOR ADMISSIONS, WRITTEN
INTERROGATORIES AND REQUEST
FOR PRODUCTION OF DOCUMENTS
NOW COMES the Respondent, the North Carolina Department of Environment and
Natural Resources ("DENR" or "Department"). by and through the unders]Lned counsel, Mare
Dee Carraway, Assistant Attorney General for the State of North Carolina, and propounds to
defendant. David Sinclair (hereinafter referred to as"petitioner"), Respondent's First Request for
Admissions, pursuant to N. C. Gen. Stat. § 1 A -I . and North Carolina Rules of Civil Procedure 26
and 36, V+'ritten InterroLatories pursuant to Rules 26 and 33, and Request for Production of
Documents pursuant to Rule 26 and 34.
INSTRUCTIONS
1. Pursuant to Rule 36. v ou must. vvithin thirty days of receipt of these discovery
requests_ provide a written ans.ver or objection addressed to the matter. If you do not respond to
the Requests for .Admission within 15 days after service. the matters to which these Requests are

directed will be considered to have been admitted and %Fill be used as evidence against you at the
hearing if one is held. You are also informed that if you answer these requests inconnpletely.
evasively•. or in bad faith. the Respondent will move that the matters be deemed admitted and
that you be required to pay any expenses incurred by the Respondent in proving the facts or other
matters to v.,hich the Requests for Admission are directed as provided under G_S. § lA-1 and
Rule 37.
2. Rule 36 does not require or provide for explanations, only admissions and denials.
For this reason_ written interrogatories have also been served on you. These'A7itten
interrogatories must be answered separately and fully in -,�Titing and under oath and served upon
the undersigned Attorney for the Respondent within 15 days after service of these written
interrogatories. If you fail to answer anv,,vTitten interrogatory or ansvrer it incompletely
1�vasively. or in bad faith. the Respondent will move that you be required to pay the expenses
incurred by it as provided under G.S. § ] A-1 and Rule 37.
ThL .written interroeatories are continuing in nature until the date of the hearings
and you are required to serve supplemental answers as additional information may become
available to vou.
DEFINITIONS
-You" and "your" mean the Petitioner. David Sinclair.
?. -Respondent" means the State of North Carolina. the Depann-ient of Environment
and Natural Resources, and its Division of NVater Quality.
3_ "Petitioner" means David Sinclair.
4. '- 'aters of the State" means any stream. river, brook, s\vamp, lake; sound, tidal

estuary. bay. creek. reservoir, xvaterway, or other body or accumulation of water, whether surface
or underUround, public or private. or natural or artificial. that is contained in_ flows through, or
borders upon anN, portion of this State, including any portion of the Atlantic Ocean over which
the State has Jurisdiction. (G.S. § 143-212(6)).
5. The "farm" means the David Sinclair Farm, a swine farm located in Sampson
County- North Carolina.
6. "Document" means -written or graphic matter of every kind or description; whether
printed or reproduced by any process. or written and/or produced by hand, \whether final or draft.
original or reproduction, whether or not claimed to be privileged or othervwise exempt from
discover),, including but not limited to the following categories: letters. correspondence, tax
returns. permit applications, tax listings. annual reports, memoranda of telephone or personal
conversations. microfilm, microfiche, teleLrams. books, maLazines. newvspapers. advertisements,
periodicals, bulletins_ circulars, brochures, pamphlets. statements, notices; advertising layouts,
trade letters, press releases, reports. directives. minutes or records of meetings. interoffice
communications. memoranda, financial statements, ledgers, books of account, proposals,
prospectuses; offers- orders. receipts, working papers, worksheets. engineering notebooks and
data, notes. ravc data. research data, desk calendars, appointment books. diaries, routing slips,
time sheets. logs. movie tapes. records. drawings, blueprints_ sketches- plans. guidelines, graphs,
charts_ photogrranhs. data processing printouts and computation (both in existence and stored in
memory), transcripts of oral statements or testimony, and any and all other data compilations or
information resources from which information can be obtained or translated, if necessary,
through detection devices into reasonably usable form. "Document" also includes the original of

any document in whatever medium it may exist and any copy of such original differing in any
way from such original.
7) "Identify" or "identity" as used with respect to a person means to state the person's
full name and present address and his present or last known employment position and business
affiliation if a natural person. and corporate or other status and address if not a natural person.
"Identify" or "identity" when used in reference to a document means to state the following as to
each document:
a. Its nature and contents,
b. Its date:
C. The name. address and position of its author or signer;
d. The name, address and position of its addressee, if any;
e. Its present location and the name, present address and position of the person or
persons having present custody; and
f. Xklcther it has been des€roved, and if so, with regard to such destruction:
(I) the date of destruction;
(ii) the reason for destruction; and
(iii) the identity of the person who destroved the document.
"Identify" when used in reference to an oral communication. means to state the form of
,he communication. e.g._ remark. statement_ telephone conversation. face-to-face conversation.
person -to -person conversation, etc.: the date of the communication: the identity of the parties to
the communication: the substance of the communication; and the identity of the persons in whose
presence the communication was made or who otherwise overheard the communication.
4

"]dentif-v" when used in reference to an act or acts means to state the date of the act, the
tine of day upon which it occurred. the location of the act. what was said and done, and by
whom. and all persons present when the act occurred.
8) "Person" shall include an), individual, sole proprietorship, partnership, corporation
or association.
9) "Relatin, to", "related" and "concerning" shall mean directfy or indirectly
mentioning or describing, pertaining to, relating to, concernin;, connecting with, or rei7ectina
upon a stated subject matter.
REQUEST FOR ADMISSIONS
Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure_ the aaency asks you
to admit the follo-rin6:
1. Admit that either you or an employee at your farm left the overhead sprinklers in
ho.o house number 2 running during the night of March 14, 1999.
Response:
?_ Admit that a pipe leading from hog house number 2 to the lagoon became cloQued
wi-ide the sprinklers were running on March 14. and or 15, 1999.
Response:
5

3. Admit that on March 15. 1999, animal waste that exited hog house number ? at
your farm ran into a diversion ditch and then into Si% Runs Creek.
Response:
4. Admit that Six Runs Creek is Class C Swamp waters of the State within the Cape
Fear River Basin.
Response:
5. Admit that upon noticing the discharge into Six Runs Creek, you did not
immediately block the diversion ditch to prevent additional animal waste from flowing into Six
Runs Creek.
Respons--:
INTERROGATORIES
1. IdentifNI every person supplying information used to respond to the requests for
admissions set out above (other than your attorney).
Response:
2_ For each admission Nvhich you have denied, in vvhole or in part, state the
folloxvinu:
(a) The hasis for your denial -
on

(b) All facts supporting your denial:
(c) The identity of all persons known to have knowledge of such facts;
(d) The identity of all documents which contain information pertaining to such facts.
3_ ldentifj, the names and addresses of each person you may call as a witness. LJivina
a brief summary of the testimony expected from each.
Response:
4. Identify the person who 2-nanaE!ed the David Sinclair farm during March of 1999.
Response:
5. Identifv the certified operator in charge at the David Sinclair Farm during the
month of March. 1999.
Response:

6. Identify the employee at your farm that turned on the sprinklers in ho- house
number 2 on March 14, 1999?
Response:
7. Was the sprinkler in hoo house number 2 left runnin- during the night of March
14, 1999? If so, why was it left unattended?
Response:
S. If the sprinklers in hog house number 2 were turned on during the evening of
March 14. 1999, when did either you or any of your employees neat visit the farm to check on
the sprinklers?
Response:
9. Did you or any of your employees check on the sprinklers in hoQ house number 2
on the morning of March 15, 1999? If so, did you inspect the back of the hog house at that time?
Did you notice animal waste eaitinQ the hog house at that time?
Response:
10. Is it your normal practice to leave sprinklers running at your farm unattended"
Reponse:
E�

1 1. How and when (what time) did you discover that animal waste had exited the
back- of hog, house number 2 at your farm on March 15. 1999?
19999
Response:
12. Explain why animal waste exited ho,, house number 2 at your farm on March 15,
Response:
1 3. Explain why the animal ,vaste that -was discharLed from the back of hog house
number 2 at vour farm fio-w-ed into Sig; Runs Creel:?
Response:
14. How long had the discharge referred to in question number 1 ') above been
occurring?
Response:
DOCUMENTS TO BE PRODUCED
All documents identified in response to the forehoing interrogatories.
X

Response:
This the 51-dav of A4ay. 2000_
10
N41CH.AEL F. E_ASLEY
.Attorney General
0
Marybee to
away
Assistant Amey General
N.C. Dept. of Justice
Environmental Division
Post Office Boa 629
Raleigh_ North Carolina 276020629
Tel. [phone]
Fax [phone]
N.C. State Bar No. 19864

CERTIFICATE OF SERVICE
The undersigned certifies that the forei°oin- Respondent's Request for Admissions,
Written Interrogatories, and Request for Production of Documents has been served on the
Defendant in this action by United States Mail, first class postage prepaid and addressed as
follows_
David Sinclair
6978 Faison Highway
Faison_ North Carolina 28341
This the � day of May, 2000.
MICHAEL F. EASLEY
Attornev General
I coj-kQk-A)b-d�
Mary DedCarraway
Assistant Anorney General
N.C. Dept. of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
Tel. [phone]
Fax [phone]
N.C. State Bar No. 19864

HIOH FREEBOARD NOTIFICATION
DA'f M-M -
DWO Contact
Name of Person Q" �SYv 1 cJ
ccs�tooting DWQ Teiephone No. (� IC, s 3 a /P/
FAIL M Nome Si t�j lq
�i�K,
Co=ly `Jai" P!,wi
Forility No. Ya - 3 -7,6
Freebo: rd level, of the Logoort ! (r
Conditions of the spray fields:
NAr2?.A'i]VF-: (haiwale ony instructions given to the former of the time of the calo
(A copy of each natifcotion should be forwarded to the 'GAFO BO}(' in John Hostys vFtce
cis soon as possible)

NORT14 CAROLINA DEPARTMENT OF
A
ENVIRONMENT AND NATURAL RESOURCES
.I.��
NCDENR DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
HAND DELIVERED (FORM B)
L,
JAME! B.-HUNT JR_ ti S■
GOVERNOR
TO: ____j)0..Ut� S�IrLG�a,(r
�lcx.ui� ��v�cfair�rwt jZ-37(0
SILL HOLI4AN a.S
SECRETARY BY: 1
r DWO RepmenlaWe
KERR T. STEVENS DATE Z"3- D TIME
DIRECTOR
For facilities that are identified with waste in their lagoon(s) below the level required to be
maintained for structural stability but not adequate to also retain the 25 year, 24 hour rainfall even (typically
12 -19 inches):
1. The producerwill be required to submit a plan of action within 48 hours to lower and maintain the
lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour
rainfall event. The plan should be forwarded to the Fayetteville Regional Office:
spDivision of Water Quality
Q 225 Green Street - Suite 714
Fayetteville, NC 28314
Phone:[phone] Fax: [phone]
DWQ can not and will not condone any discharge of waste from the facility to the surface waters
~ {j as part of the management plan.
3. DWQ can not and will not condone the land application of waste at levels above that specified by
the facility's CAWMP or in violation of any other part of the CAWMP.
4. The producer should consider pump and haul to another facility, that can adequately manage the
waste in accordance with its CAWMP, as part of their plan.
' 5. If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below
that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or
before the lagoon level is projected to rise to a level above that required for structural stability 9
less than 30 days) without the removal of animals from the facilities, then removal of animals must
be a component of this plan. The number of animals removed must be to a level at which the
producer can adequately demonstrate the ability to manage the lagoon level below the level
needed for both structural stability and the 25 year, 24 hour storm event.
NOTES: Lagoon Levels
rljz5T
lY�11MCR 1L• -
z a i o
225 GREEN STRCIT, SUITE 714 1 SYSTEL RLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 91 O-466.1541 FAX 91 O-486.0707
AM EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/IO% POST -CONSUMER PAPER

.. fyY.
A
;;.A
NCDENR
JAMES B-SHUNT JR.
GOVERNOR
BELL HOLMAN
SECRETARY
KERR T. STEVENS
DIRECTOR
RY
-11
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
HAND DELIVERED (FORM B)
376
Representative
DATE 24-0 TIME
For facilities that are identified with waste in their lagoon(s) below the level required to be
maintained for structural stability but not adequate to also retain the 25 year, 24 hour rainfall even (typically
12 - 19 inches):
The producer will be required to submit a plan of action within 48 hours to lower and maintain the
lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour
rainfall event. The plan should be forwarded to the Fayetteville Regional Office:
Division of Water Quality
225 Green Street - Suite 714
Fayetteville, NC 28314
Phone: [phone] Fax : [phone]
DWQ can not and will not condone any discharge of waste from the facility to the surface waters
as part of the management plan.
3. DWQ can not and will not condone the land application of waste at levels above that specified by
the facility's CAWMP or in violation of any other part of the CAWMP.
4. The producer should consider pump and haul to another facility, that can adequately manage the
waste in accordance with its CAWMP, as part of their plan.
5. If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below
that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or
before the lagoon level is projected to rise to a level above that required for structural stability if
less than 30 days) without the removal of animals from the facilities, then removal of animals must
be a component of this plan. The number of animals removed must be to a level at which the
producer can adequately demonstrate the ability to manage the lagoon level below the level
needed for both structural stability and the 25 year, 24 hour storm event.
NOTES: —Lagoon Levels
225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POSY -CONSUMER PAPER

V,o
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Sinclair
6978 Faison Hwy
Faison, NC 28341
March 17, 2000
SUBJECT: NOTICE OF DEFICIENCY
David Sinclair Farm
Facility No. 82 - 376
Permit No. AWS820376
Sampson County
Dear Mr. Sinclair:
On February 3, 2000, you or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard
level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 16 inches. General Permit condition V.3 states that "The maximum
waste level in lagoonststorage ponds shall not exceed that specified in the CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25-year, 24-hour storm event plus as additional 1 foot of structural
freeboard.".
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also close this event out within your file. If you have any questions
conceming this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer- Sampson Co. MRCS.
Howard Hobson - Carroll's Foods, Inc.
I4
225 GREEN STREET, SUITE 714 / SYSTEL E1LD, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

HIGH FREEBOAPD NOTIFICATION
DWQ contact
Name of person
contacting DWQ: �La�c�C �i� Alce elephone No.(?6
FARM Nome p�V Jl,[a1'r
County
Facility No. D i
Freeboard level of the Lagoon: /y --117
Conditions of the spray fields:
NAR2ATIVF-: (Include any instructions given to the farmer at the time of the call)
(A copy of each notification should be forwarded to the 'GAFD 50K in John Hosty's office
as soon 05 possible)

MEMORANDUM
Date: June 7, 1999
To: Coleen Sullins, Section Chief
Water Quality Section
Through: Paul Rawls, Water Quality Supervisor
Fayetteville Regional Office
From: John Hasty, Environmental Specialist
Fayetteville Regional Office
Subject: Recommendation for Enforcement
Discharge of Animal Waste to Surface Waters
David Sinclair Farm
Facility Number 82-376
Sampson County
Please find attached the fast track enforcement package pertaining to violations by the subject
swine facility.
The attached inspection form will detail the basis for the action as well as a list of assessment
factors.
This office feels that enforcement should proceed due to the following reasons:
• The subject facility allowed animal waste to enter surface waters of the State.
The owner did not take immediate action when instructed to do so by Soil and Water
staff.
If you need any additional information concerning this enforcement, please advise.

ti
1
ANIMAL OPERATION —INSPECTION FORM
1. Date ofInspection(s): 3-15-99
2. Regional Office: Fayetteville, Water Quality Section
3. Name of Owner Of Property: David Lynn Sinclair and wife Sharon R Sinclair (Copy of Deed
attach
4. Name of Operator: Mr. David Sinclair
5. Address: 6978 Faison Hwy
Faison. NC 28341
6. Phone Number: (910,) 533-3944
7. Description of Facility Location. Map excerpt attached.
The farm is located on the south side of HVVV 403 and at 1he south side of Six Runs Creek in
Sampson County, north of Clinton,, NC
8. Date this facility began operation: The farm has been in full operation since 01-01-80.
9. Date of last expansion: The facility has not expanded ce or'origM construction.
comments from ?
10. Has the facility registered with DWQ? YES X NO _
If YES, date of registration: 11-22-93
IL Does the facility have an approved Animal Waste Management Plan?
YES X NO — Is one required? YES X NO _
Date Approved: IS 19/97
12. Has this facility received a CAFO Designation? YES NOX
If YES, date issued:
13. Type of Operation: Swine. 1640 - Feeder to Finish
14. Number and type of livestock: There were gppToatgly1200 animals present at the ti=
ofthe initial mspect�on•

Oa
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period. Twelve 2 months
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes_ the farm was designed to have approximately 11.2 acrrs
of land on which to apply waste. The certified waste management tan calls for a bermud�
bay crop, with a..small ,grain overseed in winter, -to be grown on application sites.
Approximately 12.6 acres are established for irrigation.
17. Type of Waste Management System: Swine are kWt in total confinement free stall barns with
slotted fl000ver flushing its. Waste is fluslied m needed from floor pits into a waste
oon system. The lagoon system is co=sed of one (l ) lagoon from which waste can be
pumped through buried irrigation pines to hydrants and sprayed on the fields via a movable
apEx gun.
18. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters: There are several animal operations within a mile of this farm.
19. Proximity of facility to neighboring houses, wells, etc.: No residences are known to
close proximo to the farm.
20. Approximate depth of ground water table in the area of the facility or discharge: Unknown.
21. Proximity of facility to surface waters: Swam waters of Six Runs Creek are at the base
Igaoon. Six Runs Creek is Class "G SW" waters.
22. Animal waste discharged. Swine
Witnesses: John H,Sty,DM-WQ Fa etteville Regional OfFiic 10 4 6-1 4]
Bob Beath. DM-WQFayetteville Re io 1 Office 9 486-1541,
Jeffely Brown, DM-WQ Fayetteville Regional 10 486-1541.
Scott Fairclot DS&W-F—aycaeville Regional O 10 486- 54
23. Are pollutants discharged in the waters of the State? M
In response to a referral by Soil & Wai r on March 15 1999. taff from the Fa etteviil
Rep-ional Office. Division of Water db, pgrfo]ned an insmction of the inclair
Swine F nn The inspection revealed that animal waste had exited a confinement building
tbrough the pitdown a diversio ditc d into surface waters of Six Runs C
attached photos). "
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,
hour storm? YES this discharge was due to a clogged dis h r e pipg leadingo the
din to the 1 Ro n. It is also ' rtant to note that the lagoon did not have the minimum
freeboard and storage of 19" during the inspection (,see attached ajs .

3
25. What is the degree and extent of harm to the natural resources of the State, to public health,
or to private property resulting from the violation?: The discharge has caused the
introduction of autrients into the receiving stream that will cause or add to the wssib' ' of
algal blooms and accelerated eutrophication of the slow moving waters of the receiving
stream. Also,_sanmles takenjndicate_elevat�ecal coliform levels downstLeam of the facility.
Sample Results:
Sample Location (029Q/97)
I. Source-I13#99WE31795
2. Discharge Point-lD#99WE3_1796
3. Downstream-ID#99WD31797
4. Upstream @ Bridge-ID499WU31798
Coliform. Fecal / 100
11,000,000
4.300.QQQ
110,000
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION***
There are -no known public health issues at this time. Waste discbarg`es_of this nature
may. based on comments from Dr. M.A. Mixson. North Carolina Department of
Agriculture. Veterinary Division. transport swine diseases if conditions are suitable.
26. What is the duration and gravity of the violation?: At thetjjpe of this investigation, the flo
of waste had been blocked by soil being placed in the diversion ditch. DWQ was info�r nod
by Soil And Water clair was told g= different times that he need9dto stop
the flow fro ett' e som= beforebg tuja o t.
27. Water Quality Assessment: At the time th ection it w unclear how Joni! the
discharge event lasted, There appeared to be a considerable amount of waste in the swamp
of Six Rum C=k. & =ntionedlier the, flow flHaugh the diver5ion ditch d
stol2W. thus reducing the impact of the discharge jo the Waters of the State-
28. What is the cost of rectifying the damage?: e r e ed areas that le
activitieswould be recommended. Any cleanup would cause adverse impacts to n
wetlands. There has been no reportof downstream impacts outside the area of the
investigation.
29. What is the amount of money saved by noncompliance?: None.

30.
4
Was the violation committed willfully or intentionally?: YES _ NO -2L
Explain: A blockage of the nine from the house to the lagoon. caused waste to back up into
the house and ultimately flow out through the pit fan.
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: The only notice
prior to this NOV/Enforcement, was an NOV far failure to designate an Operator_in Charge,
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing: $ 7.00
Mileage: $0.20 per mile for 100 mules: $ 20.00
Fecal Coliform ($22.00 per sample) * 4: $ 88.00
Copies (Sampson County Court House) $ 2.50
John Hasty @ $16.771hr
2 hours - Drive Time
I hours - Investigation
6 hours - Report Development
9 hours tQjW $268.43
Bob Heath @ $17.621hr
2 hours - Drive Time
1 hour - Investigation
3 hours It $ 52.86
Jeffrey Brown @ $20.781hr.
2 hours- Drive Time
2 Hours- Investigation
4 hours total $ 83.12
Paul E. Rawls - i hour (Supervisory Review) $ 35.05
Central Office Review $ I OQ.00
TOTAL $656.96
33. Type or general nature of business: Swine. Feeder to Fi ' ration
34. What is the violator's degree of cooperation or recalcitrance:
Mr. Sinclair was cooperative during the investigation,

5
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC: F1owwaters had been stogpped by the time DWG arrived.
b. Receiving Stream: Wetlands (oyam12) of Six Runs Creek.
C. Damage Yes , No X (Based on observations at the time of the investigation.)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations Made to Owner/Operator: At the time of the referral investigation,
1- Undog piMto prevent wos-Ig from exiting buildingthrough
2 - Uwer lagoon level to the required nineteen inches per the bkMI P and without runoff
aid without exceeding FAN rate set oul in CAWMP.
39. Recommendations for further DWQ Action:
Noticepf Violation orwarded March 17, 1 9
- Enforcement Action
- Reinsnection
40. Other Comments: In summary, A is the
accidental. However,�_gccording to
opinion of his writer that the discharge of waste was
Soil and Water staff the amount of waste rcaching the
surface waters could have been sign&antly
reduced by
a morqproactive
aQproach b,Y Mrs
Sinclair to got t diversion ditch -blocked
EQoner. He was
told two to
three times, by So-H and
WaArj AA that to stop the
flow to the 28gmp.
To da a
-27-9 the F e
Regional, Offices ill has not received my of the information
recXnired
of Mr. Sinclair -in the
Notice of Violation. This information
was to be sent in
4-2-99.
However. he did call on
Apd 12 and left a mmsage that his mothersick
e would
s d thg k-Ormation.

�5

DAVID SINCLAIR SWINE FARM
WASTE REACHING WETLANDS OF SIX RUNS CREEK
STORMWATER DRAINAGE FEATURE

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SAMPSON
File No. DD
IN THE MATTER OF j
DAVID LYNN SINCLAIR )
DAVID SINCLAIR SWINE FARM )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
}
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I,
Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
1. FINDINGS OF FACT:
A. David Lynn Sinclair operates a concentrated animal operation in Sampson
County.
B. The David Sinclair Swine Farm was deemed permitted as a nondischarge
facility on November 22, 1993, in accordance with 15A NCAC 2H .0217.
C. On March 15, 1999, DWQ staff observed a discharge of wastewater by
the David Sinclair Swine Farm from one of its confinement houses to
wetlands (Swamp) of Six Runs Creek, which are Class "C - SW" waters
of the State within the Cape Fear River Basin.
D. The David Sinclair Swine Farm had no valid permit for the above
described activity.
E. The cost to the State of the enforcement procedures in this matter
totaled $ 656.26 .

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. David Lynn Sinclair is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The wetlands (Swamp) Of Six Runs Creek constitutes waters of the
State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation -of the nondischarge permit.
E. David Lynn Sinclair may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of
not more than ten thousand dollars ($10,000.00) per violation may be
assessed against a person for failing to act in accordance with the
terms, conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against
David Lynn Sinclair pursuant to G.S.143-215.3(a)(9) and G.S.143B-
282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation
provided for by G.S.143-215.6A(h), has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION:
Accordingly, David Lynn Sinclair is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in
violation of 15 A N C A C 2H. 0217.
TOTAL CIVIL PENALTY, which is
the maximum penalty authorized by G.S. 143 - 215.6A.
$ 656.96 Enforcement Costs
percent of
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty
I have considered the factors listed in G.S.143B-282.1(b), which are:
(1)
The degree and extent of harm to the natural
resources of the State, to the public health, or to
private property resulting from the violation;
(2)
The duration and gravity of the violation;
(3)
The effect on ground or surface water quantity or
quality or on air quality;
(4)
The cost of rectifying the damage;
(5)
The amount of money saved by noncompliance;
(6)
Whether the violation. was committed willfully or
intentionally;
(7)
The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority; and
(8)
The cost to the State of the enforcement
procedures.
(Date)
Kerr T. Stevens, Director
Division of Water Quality

Ge' eral Facilit n n y Information
'
Facility
Y;:'
Sampson
Owner
IDavid [Sinclair
Manager
Address
6978 Faison Hwy.
Faison NC 128341
1110
Certified
Farm Name
I David Sinclair Farm
Phone Number
�10-533-3944
Lessee
Region
OARO OMRO OWARO OWSRO
*FRO ORRO OWIRO F-Til
Location
03
- -h y..-.from C.lin on to.'Faison .c.o..m.. come
out tT.i.om.. Clinton7 mil .s beforeMre you 6 runs .Bndg.e .h..g..,..,..,
houseon right::. .- ......... ... .... - . . . .
Certified Operator in Charge
Backup Certified Operator
Comments
naday''e, operation.:' U66" Clo's'id Date inactivated or closed
... .......
Type of Operation
IM Swine 13 Poultry 13 Cattle [3 Sheep E3 Horses E3 Goats E3 None
Design Capacity WMEM
Fet
-[] )Fizi
[3 Layer
O-Non-Layer
Total 1,600 Swine
SSLW 216.000 Feeder to Finish

Latitude
35.0833
Q Request to be removed ❑ Removal Confirmation Recieved
Comments
Regional DWQ Staff ' `
Longitude
78.2.433<, t ,.

[3 Divtston:of Soil and Watei= Conservaiion - Operation Review"y y
R' ❑ Division of Soffand Water Conservation - Compliance Insp{ection ,r
Divisiogof Water Quality = Cortiphance Inspec4on
ry
Other Agency - Operation I eview--F.
Q Routine Q Complaint Q Follow -tip of DWQ inspection _ Q Follow-upofDSWC review O Other
Facility Number
Date of Inspection
Time of Inspection 24 hr. (hh:mm)
© Permitted (Certified 13 Conditionally Certified ❑ Registered
JEJ Not O crntional Date Last Operated:
Farm Name: �Y.1ed�.,�1.'?C1Gt�� �rWi_
County:
Owner Name: ✓�� _„• i {�
_ _......`t .._ . _ ... ___...~
Phone No: %� r
................._...._._............7`�
Facility Contact: ._. ..J,t;pnC!,/�
Phone No:
Maifina Address: f7 /Berri T1. _...
- _ r ski'] .�. L _
Onsite Representative: „........ ". Integrator: 4. ..._* .ri JflK �t
Certified Dperator: qy,•�, _ , ���' !_—_
Operator Certification Number:..._ � 6»
Location of Farm:
Latitude �'�� ��� Longitude
swine
❑ Wean to Feeder
Feeder to Finish
13 Farrow to Wean
0 Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle' Capacity Population
Layer [IDairy
❑ Non -Layer ❑Non -Dairy
10 Other
Total Design Capacity /j JP 40
Total SSLW
Number of Lagoons ❑ Subsurface Drains Present © Lagoon Area 10 Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid .Waste Management System
Mcharges; & Stream Impacts
1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? 4C4 Yes' [I No
� dt,�rS
Discharge originated at: ❑ Lagoon ❑ Spray Field l00 z Other b
a. If discharge is observed, was the conveyance man-made:?
b. If discharge is observed, did it reach: Surface Waters ❑ Waters of the State
c. if discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system?
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts to the waters of the State other than from a discharge?
%rite Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure l Structure 2 Structure 3 Structure 4 Structure 5
Identifier: �r
1 �.2Freeboard (inches):
❑ Yes JANo
WYes ❑ No
7
Yes ❑ No
❑ Yes RINO
❑ Yes No
(Yes ❑ No
Structure 6
-1/6199 Continued on back

Facility Number: Y — 3&1 Date of In-spection
5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance improvement?
B. Does any part of the waste management system other than waste structures require maintenancelimprovement?
9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum
liquid level elevation markings?
Waste Application
10. Are there any buffers that need maintenancelimprovemeni?
IL Is there evidence of over application? ❑�Ponding ❑ Nitrogen
12. Crop type ................................... jo..q
❑ Yes ((No
❑ Yes ANo
10 Yes ❑ No
❑ Yes ❑ No
9 KYes ❑ No
❑ Yes ❑ No
❑ Yes R1110
13_ Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 071 No
14. Does the facility lack wettable acreage for land application? (footprint)
❑ Yes
rm No
15. Does the receiving crop need improvement?
❑ Yes
No
16. Is there a lack of adequate waste application equipment?
❑ Yes
ONo
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
PjNo
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
WUP,
❑ Yes
X1 No
(ie/ checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
RNo
21. Did the facility fail to have a certified operator in responsible charge?
❑ Yes
No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
P(No
24. Does facility require a follow-up visit by same agency?
Yes
❑ No
h{JO.vj. I. ... •ar. defcientaes w:ere mated d�tt inp tliis'v]Sit:. YtiU'�Vi re�ceI E nov furttier .
• Ofrr sj)bddefit 'about;this visit: ..... . ...... . .......•... .
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments... -.
Use drawings of facility to better explain situations. (use additional pages as necessary):;,.'::. -
A,
1. SGV7I F,.-r�Q►.' D: J�5�i�•-, a� 11 to
41kt�k� Qom:!! i'17�"r�'► � �� a d - se-ki.5e rn.4 �-ts y� cicY s J
� `'• f ,e DWQ cw., j C3%r 4 • Y 7 � /h P t� � : -e .
Ali fC!.7r ► 5�PM•11L­-O lieu VVr%j arr
=�rs.�' Cam' ti► .-1d�-1 � (! .. � Lc.�
Reviewert)nspector Name
Reviewer/Inspector Signature: w12= fn Date: 3— /�t� j�
1/6/9'

L619ZIL
1-11mry �5 -
CRY yj
YC9
,•4� z2c�
y CVr
" ' J uoi;adsul joa;c(l

Facility Number $2 376 Date of Inspection 3-15-99
Time of Inspection 14:25 24 hr. (hh:mm)
Q Permitted ® Certified © Conditionally Certified © Registered [j Not 02ratinnal Date Last Operated:
Farm Fame: County: S.aatRson................... _......... ... Fii.Q........_
Owner Name: Rarid.......W ... _ . _. SinclLaix� - ........... — Phone No:
Facility Contact: I�aXAd..1II��aIS ..._ ............. ..Title: QlYA1C�.W ....._ . .........._... Phone NO: —.._ .
Mailing Address: fQ��.Faeson.H�tt+x....._-. .............._ ....... ...._...W...... --.. Failon-IYC... .......................
--.....
Onsite Representative: D.&y d.5jinrjAuG............._.-.._.•.•__..............�. Integrator. Ca[[Q11.',sE.Q0 5113 i........................_.
Certified Operator: a?aYid.L.. $iQC18i1G . —...— Operator Certification Number: 17906
Location of Farm:
...... _—............... ............................... -_.............................. _.._....... .......... ................... Al ;
9 .try, firatn.�ltton_to_Eaisnw cu�oo�eaukfir .C[i�utant.Z.miles b ixe................_......_........._............................ .W._..� � _.. •.
Latitude 35 ° D5 00 4 Longitude F 36 µ
Design Current
Swine Canacity Ponulation
❑ Wean to Feeder
® Feeder to Finish
1600
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Cnrrent
Poultry Capacity population Cattle capacity Population
❑ Layer ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 1,600
Total SSLW 216,000
Number of Lagoons 0 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ® Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in galimin?
d. Does discharge bypass a lagoon system? (If yes. notify DWQ)
9 Yes ❑ No
❑ Yes ® No
® Yes ❑ No
N Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? []Yes ®No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waoc Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes []No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
ldentifier: ..... ... — ..._... ... _. ... .__. �.. ._. _ __� ......_ .... _ _.
Freeboard(inches): .......... 1D"-1.2.':..... ............ ................ ........ .................................. ._ .................................. . .... ............................ ........................... ..._...
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ® Yes ❑ No
11711PQ seepage, etc.) Continued an hack

Facilit} 4�tnmber: 82-376 Date of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(if any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type Coastal Bermuda (Hay) Small Grain Overseed
3-15-99
❑ Yes
S No
® Yes
❑ No '
❑ Yes
JR No
® Yes
❑ No
❑ Yes
i
O No
❑ Yes
X No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes G No
b) Does the facility need a wettable acre determination? CK Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Rri mired Records & Documents
17. Fail to have Certificate of Coverage &. General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (it/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
No violations or deficiencies were noted during this visit. You *Kreceive no further
correspondence about this visit
❑ Yes Z No
❑ Yes ®No
❑ Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes Z No
❑Yes %No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ®No
❑ Yes JR No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary)s = _
[dote: Soil samplcs calls for lime to spray field. pH was low in bermuda spray field.
1, 1 b, 1 d- Waste was running out of back of hog house (white wood hog house) #2. Discharge pipes were blocked by plastic, tin, and
building material. Waste ran down diversion into surface water which runs into Six Runs Creek. Division of Water Quality was notified
3t 3:25 pm by Division of Soil and Water. Sprinkler system was running in hog house.
1•, 9- Lagoon had---10"-12" of freeboard. Marker showed 4" of freeboard. Marker needs to be set to the lowest point of the dam.
Freeboard was high as noted by DSWC in 1998. Contact technical specialist in regards to setting marker to the lowest point in the dam.
5- Water was backed up from Six Runs Creek by beavers to toe of lagoon wall. Freeboard was high in 1998 and 1999. Possible
W
Reviewer/Inspector Name Scott Faircloth
Reviewer/Inspector Signature: Date:

` 3/23/99
Facility Humber: 82 —37b Date of Inspection 3-15-99
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below ❑ Yes []No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
Additional Comments and/or Drawings:
groundwater infiltration at toe of slope needs to be looked at by technical specialist and Division of Water Quality. A.
18- If farm constructed before 1993 then the following information from technical specialist which certified facility needs to be with
paperwork- storage calculations.
19- Irrigation records indicate on bermuda 1998 crop application rates of 1.3" on 6.26 acres spray field and 1.2" on 4.77 acres spray
field per application event.
7- Need to remove all falling trees on backslope of lagoon to check for rodent damage.
Note: Last pumping on bermuda was 9-26-98. Pumping began on small grain 1-21-99.

i a!
e, '
' JAMaS 13. i'Ii1NTJllti`� ?�
GOVERNOR "+•'"°
WAYNz MCDKVr* 4 r.�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 17,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Sinclair
6978 Faison Hwy
Faison, NC 28341
SUBJECT: NOTICE OF VIOLATION
David Sinclair Farm
Facility No. 82 - 376
Sampson County
Dear Mr. Sinclair.
You are hereby notified that, having been deemed permitted to have a non discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found
to be in violation of your 2H .0217 Permit.
On March 15, 1999, the Division of Water Quality at the Fayetteville Regional Office was
contacted by the Division of Soil and Water regarding a discharge of animal waste from your swine
farm into the waters of the State. Inspectors from the Division of Water Quality arrived on the same
date and observed that an earthen berm had been installed to prevent further discharge into surface
waters. Animal waste had flowed from the back of one of your swine buildings into a surface water
diversion ditch, which ultimately discharged into Six Runs Creek. This was the result of a blocked
discharge pipe from the house to the lagoon, which was repaired before inspectors left the facility.
The subject building in which the discharge originated had no animals present during this
inspection, and the lagoon freeboard was in the emergency storage level (approximately 12 inches).
The waste level gauge within the lagoon did not appear to be accurate and needs to be checked by
a technical specialist. Fallen trees and other debris were observed on the back slopes of the lagoon
dike, and need to be removed to insure that the dike is not seeping or any rodent damage is
o=ming. Irrigation records indicating the plant available nitrogen (PAN) balance for the small grain
over seed were not available during our inspection.
The Division of Water Quality requests that the following items be performed:
1. Lower the lagoon level to the required freeboard on a suitable waste application filed as weather
permits and per the Certified Animal Waste Management Plan (CAWMP).
2. Consult with a technical specialist to modify or replace the current lagoon marker in order to
accurately reflect the low point of the lagoon dike and the maximum and minimum liquid level
elevations based on the lagoon design.
225 GREEN STREET, full[ 716, FAYITTXVILL[, NORTH CAROLINA 28=01.8003
PHoNE g1O-AS6-1St1 FA% Y10-aS6-0707
AN EgUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEn/10X POST -CONSUMER PAPER

Page 2
David Sinclair Farm
March 17,1999
3. Fallen trees and other debris on the back slopes of the lagoon dike should be removed immediately to allow
inspection for possible seepage and rodent damage.
4. Provide this office with a complete copy of the irrigation records for the current small grain over seed crop.
5. Provide specific actions proposed to prevent future freeboard deficiencies at this facility along with a detailed
explanation as to why the lagoon had reached such a high level.
6. Need to be more cautious about fuming on any water source within the building and leaving the site for a prolonged
period of time without inspecting the waste management system periodically.
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 $1 D,DOD per day per violation.
This office should be notified in writing on or before Aprfi 2,1999 at the letterhead address above as to the actions
taken or proposed to be taken to resolve these violations. H you have any questions concerning this matter, please do
not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawts
Regional Water Quality Supervisor
cc: Sonya Avant- Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Howard Hobson - Carroll's Foods, Inc.

jAmes B:- HUNT JFq
GwEltmm
. _A
WAYNE MCDzvrK
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYE-T-revILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 14, 1999
CERTIFIED MAIL
Mr. David Sinclair
6978 Faison Hwy
Faison, NC 28341'
Subject: Notice of Recommendation for Enforcement
David Sinclair Farm
Facility No. 82-376
Sampson County
-. �N= Dear MT. Sinclair:
This letter is to notify you that the Fayetteville Regional Office of the
Division of Water Quality is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation by the David Sinclair Swine Farm of
North Carolina General Statute 143-215.1 for the discharge of wastewater to
the surface waters of the State from a non discharge facility on March 15,
1999.
If you have an explanation for this violation that you wish to present,
please respond to this office on or before April 26.1999 Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your
A.'
explanation will be forwarded to the Director with the enforcement package
for his consideration.
225 GREEN 6TR99T, SUITS 714, FAYETTEVILLE, NORTH CAROWN^28301-5043
PHomii:010-486-m4l FAX OI O-486-0707
z
AN EQUAL OPPOINTUN ITT AI17I N N ATI VS ACTION E M PLOYR R - 50% RICYCLEW1 0% POST-CONSU N ER PAPER

Mr. Sinclair
Page 2
April 14, 1999
If you have any questions concerning this matter, please contact me at [phone].
g
,
Raw
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Group
Central Files - Raleigh

M;L 004 a_Q of $
�t+ >
J. F. RACKLEY And Wife, JFl1i 8. RAGCLEY
1
Wife• SHAR• SINCLAIR
I ,
DA,VID LYNN. SINCLAIRto M RAnd
Halls Township. Sampson County. North Carolina
Seale 1"`-t240' Magnetic Meridian .
Rep. Land Surveyor
i.,flii

IF
are free and clear from all enewnbrancea and that they do hereby forever
warrant and will forever defend the title thereto againA the lawful claims of
an persons Whomsoever.
"x
IN TESTIMONY WEItREOF."tho said parties of the first pari
have hereunto set their heads and seals. s day and year first above tten.
0- (SEAL)
V
J. F. Rackley
' #
(S Ll
n B.'Rackley
(EAL NORTH CAROLEUFF, S
Bessie Racklay
''COUNTY-.
a Notary Public
in and for the bounty and State afdrooadd. do I. reby certify that J. F. Rackley
and Bessie Rackl
"a • and wife. Jean B. R*c1d0y,/per*cnallV appear. before .e this day and acknowledged
the due execution of the foregoing instrument for the purposes -the rsi"..Tvemi ed.
Witness hand an, "t"i'l seal. this June
Notary PubliV.,v"
L, 7
My Commission Ekoreffif 4.
NORTH CAROIM4A,
SAMPSON COUNTY.
IF
Thef ing cei-tifteate
a Notary Public o02=1County, North CarolKa, in certified to bej
correct. This instrument Was presented for registration this day and hour and duly
recorded o ce of the Register o Deeds of Sampson County, North Carolina,
in Book IF Page
IF
.OS This the day of ��A 19760 at
M.
DI= S. HONEYC:UTT� Register of Dead
By
Assistent/Deputy Register at Deeds
rim
&T,
;Cxco up, ------
DATI

NORTH CAROLINA.
SAMPSON COUNTY. va-
TRW DEED. Made 6d entered Into this the 1st day of June.
1976, by and between J. F. RACKLEY and wife,: JEAN B.'RACKLEYi and
BESSIE RACKLEY, hereinafter designated and referred to as parties of the L1 t
first part; and DAVID LYNN SINCLAIR and wife, SHARON R. SINCLAIR.
hereinafter designated and referred to as parti*i of the second part: all of
Sampson County, State of North Carolina.
WITNESSETH:
That the said parties of the first part, 'for and In considera on
of the sum of TEN DOLLARS ($10". 00). and other good and valuable considera-
tion to them paid by the said parties of the second part, the receipt or which is
hereby acknowledged, have bargained and sold, and by these presents do:.'
grant, bargain, sell and convey unto the said parties of the second part, their
heirs and assigns, all that certain tract or parcel of land lying and being In,- i
Hall's Township, Sampson County, State of North Carolina, and being more
particularly described by metes and bounds as follows:
BEGINNING at a spike in the center of N. C. Highway No, 4030
said beginning point being located S. 44* 051 W., 851 feet from the cenier of
the bridge over a slough of Six Runs, and runs thence a new line S. 25* 161 E .
1037.06 feet to a stake in the cerge r lineof the electric power line; thence with
�.. 234 feet to a stake; then" the center or the power line S. 55* 311 cc N. ZS*
I G1 W.. 966 feet to a spike in the center of State Road No. 403; thence with
the center line of State Road No. 403, N. 39* 331 E.. 235.26 feet to the 44
beginning and containing 5.31 acres, more or liss.
TO HAVE AND TO HOLD the -aforesaid tract or parcel of land,.
togethei with all privileges and appurtenances therounto belonging to the said
parties of the second part, their heirs and assigns. to their only use and
behoof forever.
And the said parties of the first part. for themselves, their
heirs. executors and administrators, covenant to and with the said parties
of the second part, their heirs and assigns, that they are seized of said
premises in Los and have a right to convey aa=e in fee aim pl*; that the rams
19.1
A
77, 77

Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
r
AIR • FUEL • WATER • FOOD • WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEHNR
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 26301
CONTACT PERSON: Mr. Jeffery Brown
ACCOUNT NUMBER: #KN003
SAMPLE ID: I. Source - ID #99WE31795
2. Discharge Point - ID #99WE31796
3. Downstream - ID #99WD31797
4. Upstream - ID #99WU31798
CERT #258B4
DATE REC'D: 03/15/99 SAMPLED: 03/15/99
SAMPLED BY: J. Hasty
DELIVERED BY: J. Hasty
SAMPLE CODE: Waste water, Grab
REFERENCE: Sinclair Farm - Six Runs
DATA REVIEWED BY:
DATE REPORTED: 03/19/99
ANALYSIS 1 2 3 4
COLIFORM, FECAL (per 100 ml) SM18 9222D 11000000 4300000 110000 <10
COMMMS: < = Less than
> = Greater than
PAGE 1 OF 1
AIA,.q 2 6 1999
... LLE
REG. OFFICE
The data and otlrer Information contained on fts, and other accornpsnyin4 donrmeM reprwant only the sample(s) snalyzad and Is M E RR B E R
rendered upon the conmon that it is not to be reproduced wholly or in pall for advertising or other purposes without written approval
ham the Iabombry.
USDA-EPA-NIOSH Testing Food Sanitation Const t ng Chernk;W and Nlic robiologiral Analyses and Research

Microbac Laboratories, Inc.
37CASTLE u:NE STREET nc f27714
r;YE11ri.s1LLE, :ue .283033 L1#30 [phone] i [phone] (FAX)
AIR FUEL WATER FOOD WASTES
CERTIFICATE OF
ANALYSIS CERT 925004
�'i,TF,Id7:
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DELIVERED BY: mil. Hasty
VC&TROT
PERSON: Mr. JEffery
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SIMPLE SITE; vJazte water, Grub
'-'vEFZRENC:' a ncic'ii Form -;Si:_ gulis
:AMPLE
ID: 1. ID
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Discharge Point
- ID 099WE31796
i>
3. Pumtream -
IV 401, 3797
4. UPst-rpim -
ID 09TTIN1798
DATA VEVIENED BY:
i
r,r._TF. r-'FYC R7FD:
: i 5 4 4 : - . . . { i { ♦ 1 i i { • . , r . .:- *i . i i + { i i + + . { + {i i r a ; 1 + r r • i 14 i : { { r i { r . : r . i + :. i it { i + { i V It + +
ANALYSIS I,IETHOD 1 2 3 4
{ 64 5, is -I q -4 a + i r + { + + 4 Q i + + + + + . + + + + I + i + + + l 4-4 4 + i. * + + + + s + + i + + + . { +4 + + + + + + + + + + + + + + { 4**
3 �
CO VIFORM, rF'AL ir.er 109 u l) SM10 9222D 11000000 4105000 110000 <10,
.z
c-7-1:;E 1 OF
The dam and ottm lnf rmellon OwWawd on this, and other a voymnon datumenffi, represerd orYy the umoe(s) analyzed and Is MEMBER
tendered upon the aor>rrjcn that Nis not to W reproduoed wholly w 5 part for sdmnWng or other perrpam without wn tan approval
from the laboratory. B r.
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USDA-EPA-MOSH Tenting Food Sanitation ConsuMing Chernical and Microbiological Analyses and Research

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15/12/99
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. WATER & LAND SECTION Fax:[phone] Mar 23 '00 17:35 P.01
FAX TRANS
NC DEPARTMENT OF JUG
I 14 W. EDENTON STR
POST OFFICE BOX 829
RALUGN, NC 27602-062
9 1 0/7 1 e-6600
F^X; 9 1 9/7_ I "7615
To: � e, f � flcU
Date:
Fax 0: pages:
From: Yi�� �r u C6-
COMMENTS:
SSION
111bkVJkZJz)
Fqy� ?�00
RFC e0y��
ic�
(including cover sheet)
I�

. WATER & LAND SECTION Fax:[phone] Mar 23 '00 17:35 P.02
ct�7lC

WATER & LAND SECTION
Fax:[phone] Mar 23 '00 17:35 P.03
ApriI29, I999
North Carolina Depattmeui of
Environment and Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 29301-5043
Dear Sirs:
On March 15, 1999, Scott Faircloth made an ingmcdim ofmy &
As we rode around the lagoon we
noticed water coming from back of building No_* 2. There was no in this bunidi g, it was waiting
far wash up.
On March 14, 1999, David Johnson who works with me rode to haj house at about 930 pm. He rut
sprinklers on in house No.# 2, allowing it to soak for the night for up on March 15. The hogs in this
iauiltiag was loaded = ova Mardi 11,1999_
I had a guy to come in and repair the ceilings in house Na# 2 and:
cleaned the underside of my hog house every batch down to concret+
poma, the sprinkler washed some Styrofoam over the dirge hole
caused sprinkler water to rise up and out the clean out bole at end o
pump to flush houses out. It very seldom runs when nobody is am
manually. The only time pump is notsapaNised is to run to the sto
houses. I had explained and trained David Johnson not to leave it
never thought that twelve over head sprinklers would cause a probk
discharge lines to lagoon.
Since the discharge we have cleaned underside cf hog houses from
waste have bten removed Will chicle on sprinklers at wash down
lair rails in house Non# I and 3. I
Since we: had not done this at this
end of hog house No.42. This : '
.ouua 1 have a 7 1/2 Hl". waste
. You have to cut on and off
otshop about 112 mile from hog
plump on unattended. Bud I had
with water back up. I have 9"
and to the other and all debris and
mote often.
My hog facility handles 1640 hogs and I have been growing hogs for twenty-one or twenty-two yeses. I
have always hied to maintain a clear and neat facility inside and out I feel that 1 have a good standing
with neighborhood folks in the way I handle the waste and houses.
very truly yours,
David Sinclair
Farm Owner

• WATER 9 LRND SECTION Fax:[phone]
Mar 23 ' 00 17 : 36 P. 04
April 29,1999
North Carolina Department of
Environment and Natural Resources
225 Qreu= Street, Suite 714
Fayetteville, NC 29301-5043
Dear Sirs:
The request made by D. W.Q. for the hog facility has been met to th
are the reasons you r
1. I have lowered lagoon level to about 6" below fit market. W
S_ Well cut rye as soon as weather permits. Really no excuse for
maintain a level below the Ist marker. Lagoon seems to have
no lower than 2nd marker. Will try to maintain a level below
2.. I had Inward Hobson to adjust marker and take reading of lag
are correct now according to hire.
3. I have removed trees off of lagoon. dam.
4. The copy of rye pumpmgplans is enclosed..
David Sinclair
FaM OWFMF
best of my knowledge. Lied below
pmnp more when rye is cut off field.
;pan heigbt_ Always tried to
5 odor and works better at level
d marker from now oa.
i data on April 12, 1999. Markers

WATER & LPND SECTION Fax:[phone]
Mar 23 '00 17:36 P.05

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State of North Carolina
MICHAEL F. EASLEY Department Of Justice
Al-I-ORNEY GENERAL P. n. BOX 62()
RAi_FHJGH
2-7602-0629
March 8, 1999
Hon. Julian Mann, III
Administrative Law Judge
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 2 7611-7447
RECEIVED
MAR 1 3 2000 3 ft
FAYETTEVILLE —= ` —b
REG.OFFiCE S
Pepiy to: MaryDee Carraway
Environmental Division
Tel: [phone]
Fax: [phone]
Raleigh, NC 27602-0629
Re: David Sinclair V NCDENR - Division of Water Qul idy - 00 EHR 0126
Dear Judge Mann:
Enclosed please find an original and one copy of Respondent's Prehearing Statement and
the attached document constituting agency action for the above referenced contested case. If you
have any questions regarding this matter, please call me.
Enclosure
cc: John Hasty, FRO
Steve Lewis, DWQ Central Office
Very truly yours,
Ca-t-t
Mary Dee Carraway
Assistant Attorney General

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
DAVID SINCLAIR
Petitioner,
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0126
wf
RESPONDENT'S PREHEARING
STATEMENT
NOW COMES the Respondent in this contested case, and enters the following
PREHEARING statement.
1. Issues, statutes, rules, legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or
jurisdiction, acted erroneously, acted arbitrarily and capriciously, or failed to act as required by
law or rule in assessing a civil penalty in the amount of $4,000.00 plus $656.96 in investigative
costs, against David Sinclair [hereinafter, Petitioner]-

B. Statutes, Rules, Legal Precedents: This contested case involves a violation of N. C.
Gen. Stat. § 143-215.1 with a penalty assessment based on the requirements of N.C. Gen. Stat. §
143-215.6A, and the factors set forth in N.C. Gen. Stat. § 143B-282. I (b).
2. Statement of facts and reasons supporting Respondent's position:
The facts and reasons supporting Respondent's position are those set forth in the civil
penalty assessment document. A copy of the "Findings and Decision and Assessment of Civil
Penalties" (Attachment A) is attached hereto, incorporated herein, and submitted herewith as the
document constituting the agency action which prompted the contested case petition fling.
3. The following is a list of the Respondent's proposed witnesses:
1. Kerr T. Stevens, Director, DWQ
2. John Hasty, Environmental Specialist, DWQ Fayetteville Regional Office
3. Bob Heath, DWQ Fayetteville Regional Office
4. Jeffery Brown, DWQ Fayetteville Regional Office
5. Scott Faircloth, DWQ Fayetteville Regional Office
6. Other DWQ employees related to this case.
7. All of Petitioner's witnesses.
Respondent reserves the right to modify this witness list.
4. Respondent wishes to pursue discovery in accordance with the schedule established by
the Scheduling Order.
5. Location of hearing: Respondent does not object to the hearing location of
Fayetteville, North Carolina as set forth in the Scheduling Order.

6. The length of this hearing is expected to be one day.
7. All motions, pleadings and orders should be served on Respondent by mail or delivery
to the undersigned counsel.
8. Respondent will be ready for hearing in this case by June 12, 2000, subject to the
confirmation of availability of witnesses.
This the I Oth day of March, 2000.
MICHAEL F. EASLEY
Attorney General
(� N i\,l 64QJ.'V
By: Mary Dee Carra ay - State Par No. 19864
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

CERTIFICATION OF SERVICE
The undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearing Statement on the Petitioner by depositing a copy in
the United Sates Mail, first class postage prepaid, addressed as follows:
David Sinclair
6978 Faison Highway
Faison, NC 28341
This the l Oth day of March, 2000.
MICHAEL F. EASLEY
Attorney General
By t�pkl"& ra'uqyLar
Mary D. darraway
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

Attachment "A"
State of North Carolina
Department of Environment
_ and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Sinclair
6978 Faison Highway
Faison, NC 28341
Dear Mr. Sinclair:
NCDENR
ENVIRONMENT ANp NATURAL RESOURCES
January 13, 2000
SUBJECT: Assessment of Civil Penalties
for Discharging Waste to tfie
Waters of the State
Farm 82-376
Sampson County
File No. DD 99-007
This letter transmits notice of a civil penalty assessed against the David Sinclair Farm in
the amount of $4,656.96 including $656.96 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
I . Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do nor include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier T52-41-01
An Equal Opportunir), /Affirmative Action Employer
30% recycled/ 10% post -consumer paper
hrrp.-IA20. ennstate.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
_ DWQ - -
16I7 Mail Service Center
Raleigh, North Carolina 27699-16I7
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is Iimited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legaI issues in
dispute. You must execute and return to this office the attached waiver rind
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. I43B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuiner. environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-167I
i•
3. Submit a written request for an administrative hearing.
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North.Carolina. 27699767_t4
AND
Maii or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action. tp coIlect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr- Jeff Poupart at (9I9) 733-5083, ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Re;ional Supervisor w/ attachments
Corr,pliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA E-'NViROti-.-'v1E-',N-I'AL MAN-AGE1rIENT
C0,211A 1ISSION
COUNTY OF
IN THE MATTER OF ASSESSIMEI TI' } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAII ST ) ADN LNISTRATIVE HEARTiiG AND
PERMIT NO. } STIF LATION OF FACTS
FILE NO.
Havinz been assessed civil penalties totaling- for
violation(s) as set forth in the assessment document of the Director of the Division 'of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of
SIGN ATGTRE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES ..
COUNTY OF SAMPSON
File No. DD 99-007
IN THE MATTER OF )
DAVID LYNN SINCLAIR )
FINDINGS AND DECISION
FOR VIOLATION OF ) AND ASSESSMENT OF
15A NCAC 2H .0217 AND } CIVIL PENALTIES
N.C.G.S 143-215.1 }
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. David Lynn Sinclair owns and operates a swine operation along Highway 403 in
Sampson County.
B. The David Sinclair Swine Farm was deemed permitted as a nondischarge facility
on November 22, I993 in accordance with 15A NCAC 2H .0217.
C. On March 15, 1999, DWQ staff observed a discharge of wastewater at the David
Sinclair Swine Farm from one of the confinement houses to Six Runs Creek,
which are Class C Swamp waters of the State within the Cape Fear River Basin.
D. David Lynn Sinclair had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $656.96.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. David Lynn Sinclair is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).

B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. Six Runs Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the I5A NCAC 2H ,0217
nondischarge deemed permit and G.S. 143-215.I.
E. David Lynn Sinclair may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($I0,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against David Lynn
Sinclair pursuant to G_S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, David Lynn Sinclair is hereby assessed a civil penalty of:
for discharging waste to the waters of the State in violation
of I5A NCAC 2H .0217 and G.S. 143-215.1.
S. �:tO a o_ _ TOTAL CML PENALTY, which is �_ percent of
the maximum penalty authorized by G.S. 143-215.6A_
S 656.96 Enforcement costs
$ 4 , & S� ._ �g. TOTAL AMOUNT DUE
T
As required by G_S. 143-2I5.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. I (b), which are:
(1) The decree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;

(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air_ quality;
(4) The cost of rectifying the damage;
(5) The amount Df money rayed by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

■ Complete Items 1, 2, and 3. Also complete
ite{J,4 if Aestrtcted Delivery Is desired. '
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallpiece,
or on the front if space permits,
1. Article Addressed to: 11
ae 3�i1
A. Received by (Please Print Clearly) B. Date of Delivery
l - 20-4 +7
C. Signature
❑ Agent
_ � ❑ Addressee
JCS
D. Is deli ery address different 1 Item 1? ❑ Yes
If YES. enter delivery address below: ❑ No
3, Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
PO '2yi —6 Q 7 4. Restricled Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
z ;1-9 "1 83 l T) S
PS Form 3811. July 1999 Domestic Return Receipt 102595.99W-17e9
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State of North Carolina
Department of Environment
_ and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Sinclair
6978 Faison Highway
Faison, NC 28341
Dear Mr. Sinclair:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANp NATURAL RESOURCES
January 13, 2000 RECE 1f ED
: 7 ; 2000
PAY ET i-EVILLE
PEG. Q FICE
SUBJECT: Assessment of Civil Penalties
for Discharging Waste to the
Waters of the State
Farm 82-376
Sampson County
File No. DD 99-007
This letter transmits notice of a civil penalty assessed against the David Sinclair Farm in
the amount of $4,656.96 including $656.96 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
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Location:
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Raleigh, NC 27699-1617

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ -- - -
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
Ietter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions_
Please submit this information to the attention of.
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
M
3_ Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B 'of the North Carolina General Statutes- You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
_ Raleigh, North -Carolina 27699-671_4
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc'Re gional=Supervisor w/-attachmentg'
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIROtiTIMENTAL MANAGETTYIEN-T
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIEVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEAMG AND
PERti11T NO. } STI ULATIOti OF FACTS
FILE NO.
Having been assessed civil penalties totaling' for
violation(s) as set forth in the assessment document of the Director of the Division'of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 19—
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
DAVID LYNN SINCLAIR
FOR VIOLATION OF
15A NCAC 2H .0217 AND
N.C.G.S 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
_. NATURAL RESOURCES
File No. DD 99-007
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources,1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. David Lynn Sinclair owns and operates a swine operation along Highway 403 in
Sampson County.
B. The David Sinclair Swine Farm was deemed permitted as a nondischarge facility
on November 22, 1993 in accordance with 15A NCAC 2H .0217_
C. On March 15, 1999, DWQ staff observed a discharge of wastewater at the David
Sinclair Swine Farm from one of the confinement houses to Six Runs Creek,
which are Class C Swamp waters of the State within the Cape Fear River Basin.
D. David Lynn Sinclair had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $656.96.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. David Lynn Sinclair is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).

B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. Six Runs Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. David Lynn Sinclair may be assessed civil penalties in this matter pursuant to G.S.
143-2I5.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against David Lynn
Sinclair pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, David Lynn Sinclair is hereby assessed a civil penalty of:
$ 4000C3, for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217 and G.S. 143-215.1.
$ . O o o TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 656.96 Enforcement costs
$ Af &. se, TOTAL AMOUNT DUE
Ar
As required by G_S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;

(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

'IV
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 17,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Sinclair
6978 Faison Hwy
Faison, NC 28341
SUBJECT: NOTICE OF VIOLATION
David Sinclair Farm
Facility No. 82 - 376
Sampson County
Dear Mr. Sinclair:
You are hereby notified that, having been deemed permitted to have a non discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found
to be in violation of your 2H .0217 Permit.
On March 15, 1999, the Division of Water Quality at the Fayetteville Regional Office was
contacted by the Division of Soil and Water regarding a discharge of animal waste from your swine
farm into the waters of the State. Inspectors from the Division of Water Quality arrived on the same
date and observed that an earthen berm had been installed to prevent further discharge into surface
waters. Animal waste had flowed from the back of one of your swine buildings into a surface water
diversion ditch, which ultimately discharged into Six }tuns Creek. This was the result of a blocked
discharge pipe from the house to the lagoon, which was repaired before inspectors left the facility.
The subject building in which the discharge originated had no animals present during this
inspection, and the lagoon freeboard was in the emergency storage level (approximately 12 inches).
The waste level gauge within the lagoon did not appear to be accurate and needs to be checked by
a technical specialist. Fallen trees and other debris were observed on the back slopes of the lagoon
dike, and need to be removed to insure that the dike is not seeping or any rodent damage is
occurring. Irrigation records indicating the plant available nitrogen (PAN) balance forthe small grain
over seed were not available during our inspection.
The Division of Water Quality requests that the following items be performed:
1. Lower the lagoon level to the required freeboard on a suitable waste application filed as weather
permits and per the Certified Animal Waste Management Plan (CAWMP).
2. Consult with a technical specialist to modify or replace the current lagoon marker in order to
accurately reflect the low point of the lagoon dike and the maximum and minimum liquid level
elevations based on the lagoon design.
225 GREEN STREET, SUITE 714, FAYE7TEVILLE, NORTH CAROLINA 28301-5043
PHONE 91a-466-1541 PAX >>10-4H6-O707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEWI 0% POST-CONlU MER PAPER

Page 2
David Sinclair Farm
March 17, 1999
3. Fallen trees and other debris on the back slopes of the lagoon dike should be removed immediately to allow
inspection for possible seepage and rodent damage.
4. Provide this office with a complete copy of the irrigation records for the current small grain over seed crop.
5. Provide specific actions proposed to prevent future freeboard deficiencies at this facility along with a detailed
explanation as to why the lagoon had reached such a high level.
6. Need to be more cautious about turning on any water source within the building and leaving the site for a prolonged
period of time without inspecting the waste management system periodically.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a
civil penalty of not more than $10,000 per day per violation.
This office should be notified in writing on or before April 2,1999 at the letterhead address above as to the actions
taken or proposed to be taken to resolve these violations. If you have any questions concerning this matter, please do
not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Howard Hobson - Carroll's Foods, Inc.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 14, 1999
CCERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Sinclair
6978 Faison Hwy
Faison, NC 28341
Subject: Noce of Recommendation for Enforcement
David Sinclair Farm
Facility No. 82-376
Sampson County
Dear Mr. Sinclair:
This letter is to notify you that the Fayetteville Regional Office of the
Division of Water Quality is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation by the David Sinclair Swine Farm of
North Carolina General Statute 143-215.1 for the discharge of wastewater to
the surface waters of the State from a non discharge facility on March 15,
1999.
If you have an explanation for this violation that you wish to present,
please respond to this office on or before April_26, 1992. Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package
for his consideration.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28201-5043
PHONE [phone] FAX o1 O-d88-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Mr. Sinclair
Page 2
April 14, 1999
If you have any questions concerning this matter, please contact me at [phone].
incerely
E,Raw
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Group
Central Files - Raleigh

Yoe—

OFF. _ .e..a�. '• �