250049_ENFORCEMENT_20171231

NUH FH GAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

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Water Resources
e NVIRONM EN TA OU A' - ITV
May 10, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7015 0640 0005 9080 6139
Faison D. Smith
524 Bill Sutton Road
Albertson, NC 28508
Subject: Notice of Violation
Faison Smith Farms #2 #25-49
A WS250049
Craven County
NOV-2016-PC-0150
Dear Mr. Smith:
PAT MCCRORY
m
DONALD R. VAN DER VAART
S. JAY ZIMMER MAN
On April 12, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted an annual compliance inspection and noted a permit condition
violation at your facility.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, violations
have been noted for failing to report a high freeboard level and failure to complete an annual sludge
survey in accordance with your Certified Animal Waste Management Plan and the Swine Waste System
General Permit No. AWG 100000 that you are covered to operate under.
Violation 1:
Failure to report a high lagoon level in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition I11.13.e. of Swine Waste System General Permit No.
AWG 100000.
During the annual compliance inspection the Division discovered the lagoon level was approximately 16
inches on February 14, 2016. The Division did not receive notification for this high freeboard occurrence
until February 19, 2016.
Required Corrective Action for Violation 1:
The Division has received a 30-Day Plan of Action (POA) for the high freeboard occurrence. Please
notify the Division within 24 hours of a high freeboard level. Take all necessary additional steps to
ensure lagoon levels remain in compliance with Section 2 of your permit.
State of North Carolina I Environmental Quality ] Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

FAISON D. SMITH
524 BILL SUTfON ROAD
ALBERTSON, NC 28508

V /' Y
You are required to take any necessary action to assure that the above violations do not re -occur in
the future. You are required to provide a written response to this Notice, including any additional
information that you wish to provide related to this incident that you wish for the Division to
consider, within 30 days of receipt of this letter. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with terms, conditions, or requirements of a permit under authority of
G.S. 143-215.5A
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
CC. . ❑WR - WQROS - CAFO Unit — Central Office
Craven County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
Murphy Brown Farms
NU ­IS Files

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 19, 2011
Faison D. Smith
Faison Smith Farms Inc. 42
524 Bill Sutton Rd.
Albertson, NC 28508
Dee Freeman
Secretary
Subject: Facility Number: 25-0049
Withdrawal of National Pollutant Discharge Elimination.
System (NPDES) General Permit Requirement
Dear Mr. Smith:
The Division of Water Quality (Division) received your letter on August 18, 2011 that outlined
your objections to the requirement to apply for and obtain a General NPDES Permit. As stated
in our February 9, 2011 letter, coverage under an NPDES Permit is re Tired of all animal
operations that discharge to waters of the State, even after the recent 5 Circuit Court ruling.
However, upon review of your enforcement case, DV-2009-0044, we have determined that the
discharge of waste at your farm did not reach waters of the State. As a result, your farm is not
designated as a CAFO that discharges, and coverage under the NPDES Permit is not required.
Provided that you maintain and operate your farm such that no discharge to waters of the State
occurs, the Division will not require you to obtain NPDES permit coverage. If you have any
questions about this letter or the NPDES permit requirements, please feel free to contact me at
[phone].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operations Unit
cc: Craven County Soil and Water Conservation District - -1
Washington Regional Office
Geno Kennedy i if
Facility File: AWS250049 AUG 2 3 2011
1636 Mail Service Center, Raleigh, North Camlina 27699-1636
Location. 2728 Capital Bhud., Raleigh, Nortn Carolina 27604
Rhone: 919-733-3221 l FAX' 919-715-0588 i Customer Service: 1-877-62M748
Intemet- www.ncwaterquality.org
An EQual Opportunity I Affirrnauve Action Emuloyer
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 8, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0434 3008
Mr. Faison D. Smith
524 Bill Sutton Road
Alhertenn NC' �R5[]R
Subject: NOTICE OF VIOLATION
Faison Smith Farms, Inc. #2 425-49
A WS250049
Craven County
NOV -2011-PC-0165
Dear Mr. Smith:
On February 25, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified of a high freeboard level in the primary lagoon at your facility.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under.
Violation I:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000.
On February 25, 2011 a lagoonlstorage pond level was documented at 18.5 inches in lagoon one. A
level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mail Phone: [phone]
Washington, NC 27889 FAX [phone]
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Cont. Page Two
March 8, 2011
Faison Smith Farms
Required Corrective Action for Violation 1:
A 30 Day Plan of Action (POA) was received by DWQ for the high freeboard occurrence. Take all
necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above violations on or before April 1,
2010 and to provide a written response to this Notice within 30 days of receipt of this letter.
Please include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Megan Stilley at (252)-948-3947 or
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Craven County Soil and Water Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Fifes
Murphy Brown Farms
...MHS;Files�

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NCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 30, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7009 2250 0000 9252 3316
Faison D. Smith
524 Sill Sutton Road
Albertson, NC 28508
Subject
NOTICE OF VIOLATION/NOTICE OF INTENT
Faison Smith Farm Inc. 42 425-49
AWS250049
Craven County
NOV-2010-PC-1175
Dear Mr. Smith:
On November 10, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection
Section (APS) conducted an annual compliance inspection at your facility and noted that
irrigation occurred more than 30 days prior to planting a small grain.
As a result of this incident, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T
Section .1300, you have been found to be in violation of your Certified Animal Waste
Management Plan and the Swine Waste System General Permit No. AWG100000 that you are
covered to operate under. The specific violations are as follows.
Violation 1:
In accordance with condition 11, item 2 of your State General Permit, a vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and buffers in
accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the
CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking
dormancy.
The facility irrigated on land without a suitable vegetative cover. Irrigation activities occurred
September 17, 2010 through October 13, 2010, which was more than 30 days prior to planting
the wheat.
North Carolina Division of Water Quality Internet: www.ncwaterauality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal opportunitylAf irmative Action Employer - 50% Recycled110% Post Consumer Paper
One
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Page Two
November 30, 2010
Faison Smith Farm Inc. #2
Required Corrective Action for Violation 1:
Irrigate at agronomics rates when weather conditions permit. Plant designated crop within 30
days of irrigation events.
As a result of the violations in this Notice, this office is considering a recommendation for a
civil penalty assessment to the Director of the Division. If you wish to present an explanation
for the violations cited, or if you believe there are other factors, which should be considered,
please send such information to me in writing within ten (10) days following receipt of this
letter. Please include 2010 irrigation and freeboard records. Your response will be reviewed,
and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director
and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty
assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with terms, conditions, or requirements of a permit under
authority of G.S. 143-215.5A
If you have any questions concerning this Notice, please contact Megan Stilley at (252)-948-
3947 or me at [phone].
Sincerely,
David May
Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Craven County Soil and Water Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Files
Mu rown Farms
S Files

AAMA
NCDENR
North Carolina aeWment of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 21, 2010
Mr. Faison D. Smith
Faison Smith Farms, Inc #2
524 Bill Sutton Rd
Albertson, NC 28508-9420
RE: Acknowledgment of Receipt of Payment
Case No. DV-2009-0044
Faison Smith Farms, Inc. #2
AWS250049
Craven County
Dear Mr. Smith:
Dee Freeman
5ecreiary
` This letter is to acknowledge receipt of your check No, 1982 in the amount of $567.27 on
July 12, 2010. This payment satisfies in full the civil assessment in the amount of $850.91 levied
against Faison D. Smith and the case has been closed, if you have any questions, please call me at
[phone].
Sincerely,
0
Christine Blanton Lawson
Animal Feeding Operations Unit
cc'�APS-Washington Regional Office
File # PC-2009-0044
APS Permit File AWS250049
AQUIFER PROTECTION SECTION
1636 Mail Service Canter, Raldoh, North Carolina 27699-1636
Location: 2728 Capita! $ou �--vard, Raleign, North Carolina 27604
Phone: [phone] lFAX 1: 919-71R588 FAX 2: 919-715-6048 t Customer Service: 1-877-623-6748
Internet: wwr .nmaterqualiry.org
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North Caroiina Department of Environment and Natural Resources
Beverly Eaves Perdue
Govemor
Mr. Faison D. Smith
Faison Smith Farms, Inc #2
524 Sill Sutton Rd
Albertson, NC 28508-9420
Dear Mr. Faison Smith:
Division of Water Quality
Coieen H. Sullins
Director
May 28, 2010
30
RE: Acknowledgment of Receipt:of Payment
Case No. DV-2009-0044
Faison Smith Farms, Inc. #2
AWS250049
Craven County
This letter is to acknowledge receipt of your check No. 1950 in the amount of
S283.64 on May 25, 2010. The balance of the penalty is $567.27.
Payment of this penalty does not preclude further action by this Division for
violations of the State's environmental laws. If you have any questions, please tali me at
[phone].
Sincerely,
Christine D. Blanton
Animal Feeding Operations Unit
cc: Washington Regional Office
File # DV-2009-0044
APS Central Files — Permit File AWS250049
AQUIFER PROTECTION SECTION
1636 Mai! Service Center, Raleigh. North Carolina 27699-1636
Location: 272E Capital Boulevard, Raleigh. North Carolina 276(A
Phone: 919-M-3221 1 FAX 1: 919-715)588; FAX 2: 919-715$b481 Customer Service: 1-877-623-6746
Internet www.ncwaterguality.org
Dee Freeman
Secretary
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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly caves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 17, 2010
Mr. Faison D. Smith
Faison Smith Farms_. Inc #2
524 Bill Sutton Rd
Albertson. NC 28508-9420
RE: Payment Schedule for Civil Penalty
Case DV-2009-0044
Farm #25-0049
Craven County
Dear Mr. Faison D. Smith:
You have requested a schedule for making partial payments toward the $850.91 civil penalty that was
assessed by the Division of Water Quality on December 17, 2009. The Division is agreeable to a three
(3) month payment schedule beginning on July 1, 2010 and continuing to September 1, 2010. There are
two (2) payments of two hundred eighty-three dollars and sixty-four cents ($283.64) beginning on July 1,
2010 and one final payment of two hundred eighty-three dollars and sixty-three cents ($293.63).
Please sign the attached payment schedule and send it back with your first payment. Make a copy of
the payment schedule for your records. Please make the payments by check gable to the D artment• of
Environment and Natural Resources and mail them so they are received by the Ist of each month.
Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid
balance of the civil penalty to be due and payable and subject to collection through a civil action in the
superior court.
Mail your payments to the address shown below to make sure that they are properly recorded:
Ms. Christine D. Blanton
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If you have any questions, please call Ms. Christine D. Blanton at [phone] or Keith Larick
at [phone].
Sincerely,
Christine D. Blanton �--�-
Animal Feeding Operations Unit
Enclosure
cc: David May, WARO APS Regional Supervisor
Megan Stilley, WARO
Enforcement File DV-2009-0044
APS Permit File AWS250049
AQUIFER PR01 ECTION SECTION
1636 Mail Service Center, Raleigh. North Carolina 27699-1636
Lozaicri:2728Capital Boulevard. Raie(ah. North Carohw 27604
Pher--: 919-733-3221 1 FAX [phone]K 586 FAX [phone] I Customer Service: 1-877.523-6748
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CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
FARM OR FACILITY NAME
CASE # DV-2009-0044
FARM OR PERMIT # AWS250049
On December 17, 2009, the Division of Water Quality (DWQ) issued a civil penalty
assessment in the amount of 5850.91, including $350.91 in investigative costs, against Faison
Smith Farms, Inc #2 for discharge of waste to a ditch. In order to resolve this matter, DWQ and
Mr. Faison D. Smith have agreed to enter into a payment schedule.
Mr. Faison D. Smith agrees to pay the civil assessment of $850.91 according to the
schedule below as full settlement of Case No. DV-2009-0044.
Mr. Faison D. Smith understands that any default in parnent or failure to submit Rayment
'by the day of the month in which a ent is due will result in the immediate referral of this case
to the Attornev General's Office for collection through the courts. Mr. Faison D. Smith also
acknowledges that DWQ reserves the right to take enforcement action for future violations
within its authority should they occur.
PAYMENT AMOUNT DATE DUE DATE PAID
S 283.64 7/1/2010
$ 283.64 8/1/2010
S 283.63 9/1/2010
S 850.91
Payments should be by check payable to "NCDENR" and should be mailed to:
Ms. Christine D. Blanton
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Faison D. Smith
Coleen H. Sullins
Director, Division of Water Quality
Date
Date

ALTI.VYWA
*A
NCDEN�
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Golsen K Sullins Dee Freeman
Govemor Director SeUetary
May 17, 2010
Mr. Faison D. Smith
Faison Smith Farms, Inc #2
524 Bill Sutton Rd
Albertson, NC 28509-9420
RE: Payment Schedule for Civil Penalty
Case DV-2009-0044
Farm #25-0049
Craven County
Dear Mr. Faison D. Smith:
You have requested a schedule for making partial payments toward the $850.91 civil penalty that was
assessed by the Division of Water Quality on December 17, 2009. The Division is agreeable to a three
(3) month payment schedule beginning on July 1, 2010 and continuing to September 1, 2010. There are
two (2) payments of two hundred eighty-three dollars and sixty-four cents ($283.64) beginning on July 1,
2010 and one final payment of two hundred eighty-three dollars and sixty-three cents ($283.63).
Please sign the attached payment schedule and send it back with your first payment. Make a copy of
the payment schedule for your records. Please make the payments by check payable to the Department of
Environment and Natural Resources and mail them so they are received by the 1 st of each month.
Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid
balance of the civil penalty to be due and payable and subject to collection through a civil action in the
superior court.
Mail your payments to the address shown below to make sure that they are properly recorded:
Ms. Christine D. Blanton
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
'If you have any questions, please call Ms. Christine D. Blanton at [phone] or Keith Larick
at [phone].
Sincerely,
S����
Christine D. Blanton
Animal Feeding Operations Unit
Enclosure
1
cc: David May, WARO APS Regional Supervisor
Megan Stilley, WARD I
Enforcement File DV-2009-0044 r a 2010
APS Permit File AWS230049
AX1FER PROTBCT0N STECTION
1 635Mail smioe Center, Raleigh. North Carolina 27699.1636 North Cafcitina U
Location: 2728 Capital Boulevard. Raleian. North Carolina 27W �rT�II�+
?none: 919-733.3221 I FAX t: 919-715-05W FAX 2: 916.715-60481 Customer Service 1-577.623.6742 Gi LL
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CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
FARM OR FACILITY NAME
CASE # DV-2009-0044
FARM OR PERMIT # AVL'S250049
On December 17, 2009, the Division of Water Quality (DWQ) issued a civil penalty
assessment in the amount -of $850.91, including $350.91 in investigative costs, against Faison
Smith Farms, Inc #2 for discharge of waste to a ditch. - In order to resolve this matter, DWQ and
Mr. Faison D. Smith have agreed to enter into a payment schedule.
Mr. Faison D. Smith agrees to pay the civil assessment of $850.91 according to the
schedule below as full settlement of Case No. DV-2009-0044.
Mr. Faison D. Smith understands that any default in pMit or failure to submit a ent
by the day of the month in which ayment is due will result in the immediate referral of this case
to the Attornev General's Office for collection through the courts. Mr. Faison D. Smith also
acknowledges that DWQ reserves the right to take enforcement action for future violations
within its authority should they occur.
PAYMENT AMOUNT DATE DUE DATE PAID
$ 283.64 7/1/2010
$ 283.64 8/1/2010
$ 283.63 9/1/2010
$ 850.91
Payments should be by check payable to "NCDENR" and should be mailed to:
Ms. Christine D. Blanton
DWQ
1636 Mail Service Center
Raleigh., NC 27699-1636
Faison D. Smith
Coleen H. Sullins
Director, Division of Water Quality
Date
Date

•
t
Beverly Eaves Perdue
Governor
AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 28, 2010
CERTIFIED MAIL — 7006 2150 0003 5467 2190
RETURN RECEIPT REQUESTED
Faison D. Smith
Faison Smith Farms, Inc. #2
524 Sill Sutton Rd
Albertson, NC 28508-9420
Subject: Request for Remission of Civil Penalty
Faison D. Smith
Case No. DV-2009-0044
AWS250049
Craven County
Dear Faison D. Smith:
Dee Freeman
Secretary
In accordance with North Carolina General Statute 143-215.6Aft the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and
remitted $500.00 of the $1350.91 civil penalty assessment. The revised civil penalty is therefore a total amount
of $850.91, which includes $350.91 in investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of:
Christine D. Blanton
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
1617 Mail Service Center. Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: [phone] FAX: 91 M07-6492 l Customer Service- 1-877-623-6748
Internet: uyww-nCwaateEguality.om
An Equal Opportunity I Affirmative Action Employer
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NorthCarolina
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Faison D. Smith
Case No. DV-2009-0044
Craven County
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil
Penalty Remissions make the final decision on ,your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send
the completed form to:
Christine D. Blanton
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral presentation (if you
make the request). If the Chairman determines that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Christine D. Blanton at
[phone].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operations Unit
Attachments
cc: David May, Washington Regional Office
Megan Stilley, Washington Regional Office
Murphy -Brown, LLC
Enforcement File #DV-2009-0044
Permit File AWS250049

0q
e STATE OF NORTH CAROLINA
EINTVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CRAVEN
INT THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
FAISON D. SMITH
DWQ Case Number DV-2009-0044
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request. I assert that 1 understand all of the following statements:
■ This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied,
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh.
North Carolina.
■ My presentation will be limited to discussion of issues and information submitted in my original remission request. and because
no factual issues are in dispute. my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyer, who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, parmership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See wwtt•.ncbar.com.iethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
■ If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee.,
then you do not need legal representation before the Committee: however_ if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert_ engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation.,partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing ]aw
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners. your own signature and ?) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( }

DIVISION OF WATER QUALM
CIVIL PENALTY REMISSION FACTORS
Case dumber: DV-2009-0044 Region: Washington County: Carteret
Assessed Entity: Faison D. Smith Permit: AWS250049
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation: Discharge was identified during a compliance inspection by DWQ staff. Once notified of
the problem, the permittee did take prompt action to address the spill.
® (c) Whether the violation was inadvertent or a result of an accident: The incident occurred
due to a clogged flush pipe resulting in a discharge to a ditch. The cause of the incident was not
intentional and could be considered a result of an accident.
® (d) Whether the violator had been assessed civil penalties for any previous violations: The
permittee has not been previously assessed penalties for violations.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions: Remedial action has been completed to abate the spill. However, the permittee
indicates that money to be applied to the penalty could instead be direct towards farm improvements
intended to reduce risks of potential future environmental problems. There are areas at the farm that
would benefit from improvements.
DECISION (Check One)
Request Denied ❑ f
Full Remission ❑ Retain Enforcement Costs? Yes T No ❑
Partial Remission[ S 5-0 G (Enter Amount)
Coleen H. Sullins Date
rev 1.0-8.31M9

1 4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 28, 2010
CERTIFIED MAIL — 7006 2150 0003 5467 2190
RETURN RECEIPT REQUESTED
Faison D. Smith
Faison Smith Farms, Inc. 42
524 Bill Sutton Rd
Albertson, NC 28508-9420
Subject: Request for Remission of Civil Penalty
Faison D. Smith
Case No. DV-2009-0044
AWS250049
Craven County
Dear Faison D. Smith:
Dee Freeman
Secretary
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and
remitted $500.00 of the $1350.91 civil penalty assessment. The revised civil penalty is therefore a total amount
of $850.91, which includes $350.91 in investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of: __ .. ______._._� -• .-
Christine D. Blanton
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
C0]!3
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] I Customer Service: 1-877$2M748
Internet www-n_zwat�ualibf-org
An Equal Opportunity l Affirmative Aetion Employer
NorthCaroiina
Natu1'alif

Faison D, Smith
Case No. DV-2009-0044
Craven Counn,
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil
Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar clays of receipt of this letter. Send
the completed form to:
Christine D. Blanton
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral presentation (if you
make the request). If the Chairman determines- that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Christine D. Blanton at
[phone].
Sincerely,
�aQ
Keith Larick, Supervisor
Animal Feeding Operations Unit
Attachments
cc: David May, Washington Regional -Office
Megan Stilley, Washington Regional Office
Murphy -Brown, LLC
Enforcement File #DV-2009-0044
Permit File AWS250049

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
FAISON D. SMITH
DWQ Case Number D`'-2009-0044
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request. I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and mad° be either granted or
denied.
■ Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh.
North Carolina.
■ My presentation will be limited to discussion of issues and information submitted in mv original remission request. and because
no factual issues are in dispute. my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who_are'active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality. the State Bar's Opinion affects hour you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
* If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee.
then you do not need legal representation before the Committee, however. if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation-partnershin or municipaliand are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners. your own signature and 2) for corporations.
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( }

M ISION OF WATER QUALITY
CIVIL PENALTY RENIISSION FACTORS
Case Number: DV-2009-0044 Region: Washington
Assessed Entity: Faison D. Smith
County: Carteret
Permit: AWS250049
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation: Discharge was identified during a compliance inspection by DWQ staff. Once notified of
the problem, the permittee did take prompt action to address the spill.
® (c) Whether the violation was inadvertent or a result of an accident: The incident occurred
due to a clogged flush pipe resulting in a discharge to a ditch. The cause of the incident was not
intentional and could be considered a result of an accident.
® (d) Whether the violator had been assessed civil penalises for any previous violations: The
permittee has not been previously assessed penalties for violations.
® (e) Whether payment of the civil penalty- will prevent payment for the remaininb necessary
remedial actions: Remedial action has been completed to abate the spill. However, the permittee
indicates that money to be applied to the penalty could instead be direct towards farm improvements
intended to reduce risks of potential future environmental problems. There are areas at the farm that
would benefit from improvements.
DECISION (Check One)
Request Denied ❑
Full Remission El Retain Enforcement Costs? Yes �No ❑
Partial RemissionE S 5'0 0 (Enter Amount)
Yo-
Coleen H. 5tillins Date
rev 1.0 — 831

■ Complete Items 1, 2; and 3. Also complete
Item 4 If Restricted Delivery Is desired.
N Print your name and address on the reverse
so that we can return the card to. you,
■ Attach this card to the hack of the malipieoe,
or on the front If space permits.
1. Article Addressad to:
MR FAISON D SMITH
524 BILL, SUTrON ROAD
ALBERTSON NC 28508
A a4
X1
0 Agmt
BReceived by (Prfnted Name} C. Date of �Ivery
{{
D. Is delhmry address dHferent from item 17 0 Yes
If YES, enter delivery address below: 0 No
a Service Type
0 Cwtlfled Mall 0 Frew Mail
❑ Registered X Retum Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. RWMCted Delivery? (Extra free) ❑ you
2. Article Numbed0 1; t 'I It{ i i il, 7 0 0 9 t 22501 0 0 O Q 4
�►tr►b19Z52� 2593
i
PS Form 3811. February 2004 k ; Domestic Return Receipt

UNITE;R-'.§W �JN�%"
I Sender: Please print your name, address, and
NC' DEPARTIMENT OF ENVIRONNIEN7 &
NATURAL R ESOt I R('[--..S
Aquircr Prolection Statiml NI? WA
943 Washington Sqwitc NUH A
Wash in glon, NC 27SW)
NCDENK
this box 0

r
4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
CERTIFIED MAfL
RETURN RECEIPT REQUESTED
CM# 7009 2250 0000 9252 2593
Mr- Faison D. Smith
524 Bill Sutton Road
Albertson, NC 28508
coleen H. Sullins
Director
February 15, 2010
Subject: NOTICE OF Deficiency
Faison Smith Farms, Inc. #2 Facility #2549
AWS250049
Craven County
NOD-2010-PC-0133
Dear Mr. Smith:
Dee Freeman
Secretary
On February 8, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Jonathan Miller of a high freeboard level in the primary lagoon. We wish to
thank Mr. Miller for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000
On February 8, 2010 a lagoon/storage pond level was documented at 12.5 inches in the primary lagoon,
A level of 19.5 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
North Carolina Division of Water Quality tntemet www.newateraualitv.org
943 Washington Square Mall Phone: [phone] _One
Wachinrntnn Nr. 77RR4 FAX 71MU A-091-9; nrth C`' q rnl i n n

t
Cont. Page Two
February 15, 2010
Faison Smith Farm #2
Required Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above deficiency on or before
February 28, 2010 and to provide a written response to this Notice within 30 days of receipt of
this letter. Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Megan Stilley at [phone] or me
at [phone].
Sincerely,
David May
Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Craven County Soil and Water Conservation District U.S. Postal
NCDSWC-WaRO ." CERTIFIED MAILT. RECEIPT
WaRO Compliance Animal Files rn �PomesiicOnly; -rge Provided)
*nphy Brown Farms Er
5 Files ru ru 0 F F, 7' C
G
ti Powge Y
Certified Fee r
Q Postmark
p Retum FlecefpS Fee �+
p (F-ndmsem rd Required) Al Here
C:1 Restricted D.l Fee
C3 (EndoraemerN RegWred)
Ln w
R1 TotW Peata-
ru �„r MR FAISON D SMITH
Er _ 524 BILL sumN ROAD
c3,,Potm" ALBERTSON NC 2850$
n
City, sraAe, : -•

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2009-0044 Region: Washington County: Carteret
Assessed Entity: Faison D. Smith Permit: AWS250049
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation: Discharge was identified during a compliance inspection by DWQ staff. Once notified of
the problem, the permittee did take prompt action to address the spi I1.
® (c) Whether the violation was inadvertent or a result of an accident: The incident occurred
due to a clogged flush pipe resulting in a discharge to a ditch. The cause of the incident was not
intentional and could be considered a result of an accident.
® (d) Whether the violator had been assessed civil penalties for any previous violations: The
permittee has not been previously assessed penalties for violations.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions: Remedial action has been completed to abate the spill. However, the permittee
indicates that money to be applied to the penalty could instead be direct towards farm improvements
intended to reduce risks of potential future environmental problems. There are areas at the farm that
would benefit from improvements.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission❑ $ (Enter Amount)
Coleen H. Sullins Date
rev 1.0 — 8.31.01

Mr. Faison Smith
524 Bill Sutton Road
Albertson, NC 28608
11$12010
Mrs. Christine Blanton
N.C. Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Dear Mrs. Blanton:
By way of this letter, I pray for a total remission of the penalties levied due to the September
infraction. I would be most gratefirl if you will consider the following facts as you make your
detemiination of the "Environmental Impact" of my infraction. I honestly feel if the following
factors are considered, the penalty could be waived or drastically reduced.
This accident occurred inadvertently as a result of a flush system malfunction. The reason for the
infraction was clogged flush pipe that failed duringa flushing event. I was unaware that there was a
problem until the inspector pointed it out during a routine Compliance Inspection. I was careful in
documenting the actions that took place just after the problem was discovered and I wrote the
regional supervisor the attached letter on 10/ 1109 to describe my corrective actions.
I had to expend time and in house labor to do all this in excess of $1500. However, I was All
assessed a heavy amount for the current economic situation at my farm. I ask did my small family
farm account for that much of the "Environmental Impact" ? We did a perfect cleanup and
prevented any wastewater from making it to waters of the state. I could use these monies for farm
improvements to reduce the possibility of future "Environmental Impact", if the process would
allow for it.
Due to stress and strain with this infraction, I am terribly distraught and depressed over the whole
situation, and at the same time trying to manage lagoon levels in documented heavy precipitation
amounts.
Please take these facts into consideration before you take monies away that I desperately need to
apply to future improvements.
Faison Smith.
Owner
RIOM
Pmtei R.,Wn
JAN 13 2010

Mr. Faison Smith
524 Bill Sutton Road
Albertson, NC 28508
1011109
Mr. David May
Division of Water Quality
945 Washington Square Mall
Washington, NC 27889
Dear Mr. May,
This memo is to address the Notice of Violation Letter that was sent on 9/29/09. It is my
understanding that there were no direct discharges to waters of the state that occurred from the
malfunction of our flush system in Barn #2. Due to the expeditious clean up response to the
spill that was documented, the overall result was very little to no environmental impact.
Corrective Actions:
Most of the corrective actions were documented well by your staff and were duly noted
with corresponding pictures and Follow up to the spill. I wanted to mention just a few
things that we dirt in addition to what was documented in the NOV letter.
The discharge point was created several years before we purchased the farm. State
and Federal agencies wanted to create a catch basin to divert surface drainage water
from the buildings to an offsite adjoining ditch. However, this only created a
discharge point for the flush system accident that took place on 9117109. We have
taken corrective action to make this a grassed over waterway vs. a catch basin and pipe
system. So that if this malfunction ever happens again the waste would have to flow
455 feet plus over a grassed waterway before reaching the ditch vs. a direct
diversionary pipe to the ditch. it should be noted that past inspections did not indicate
any potential problem with the catch basin system since the time 3 had taken
ownership of the farm in 2005.
2. We added dirt and graded the area where the discharge occurred to get surface flow of
storm water offsite.
5. I wanted to let you know that we are very sorry that the spill was discovered by your
staffvs. my onsite help. However once discovered, we began cleanup immediately
gathering the necessary equipment and working late the night of the incident and on
through Monday of the following week to make sure there was little to no
environmental impact.
4. See attached map to show where spill originated and stopped. The waste was pumped
back into lagoon ahead of predicted rainfall. Please note the distance to waters of the
state in which we did not impact.

I would hope that the information contained in this memo would be considered along with the
current global economic recession and overall state of the pork industry, would justify a waiver
from civil penalties that may be considered as a result of this flush system malfunction.
With Hind Regards,
Faison Smith
Cc Ronnie G. Kennedy Jr.

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FAISON D. SMITH
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. ❑V-2009-0044
Having been assessed civil penalties totaling S 1,350.91 for violations) as set forth in the
assessment document of the Director of the Division of Water Quality dated December 17, 2009, 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the -715 } day of Ue_"Z., 20 o li.
ADDRESS
J O�- �• ►CJ� 1� J u r��" ��
- �t� Tian - ■U � -- ����
TELEPHONE
��� - Sd f r 7 qua

FAX No. :12525602750 Jan. 13 2010 04:19PM �
FROM :pGRiMEM� SERVICES INC _�-
JTUSTIFICATFON FOR REMSSiON REQUEST
DWQ Case Number: DV-2009-0044 County.. Craven
Assessed Party: Faison D. Smith
Permit No. (if applicable): A WS250049 Amount Assessed: $1350.91
Please use this form when requesting remission of this civil penalty. You must also complete the
"ke�uert •or Remi.rsion� �'atver of Ri�h1 rc, un ,4drninirtrutive I�earrngLanJ S�ulatirn r�i
Faetr" farm to request remission of this civil penalty. You should attach any dncumen ts that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors Iisted below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the propel' procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1 (c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages its named).
{aj or more of th lull coal • g ssmcnt fasten in �'.C,G.S. I4313-282.1
were w��n.�ful_ ly au Iied�o the detr cot o#�the etitinncr ache asse-1Um0n1 fi7C10rx are fisted in
the civil penalty assessment document),
(b} the v_inlr nraxnntly abated continuing envim a tat damac multinPfrom the
v a anon (Le- explain the sreps that ,you took to correct the violalion and prevent future
occurre"Ces);
x(c) the viol Won was in dve ent ar a result of an acci cmt (i.e., explain why the
iation was unavoidable or .something you ermld not prervenl ur prepare for);
(d) the violet had not h cgs sed civil .c cities for an rcvinus vial tines;
ent of the ci if coal ll rev t a ent for remainita neap
Lredia'1c�dctio!s;'_
(i.e., explain how payment ojthe civil penury will prevent You from performing
the activitie,z necessary to achieve compliunce). , .
EXPLANATl ON,

NCDENP
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Severiv caves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2010
Mr. Faison D. Smith
Faison Smith Farms, Inc. #2
524 Bill Sutton Rd
Albertson, NC 28508-9420
SUBJECT: Remission Request
Farm # 25-0049
Craven County
File No. DV-2009-0044
Permit No. AWS230049
Dear Mr. Smith:
This letter is to acknowledge receipt of your request, on January 13, 2010, for remission
of the civil penalty levied against the subject facility. The Director of the Division of
Water Quality will review your evidence and inform you of her decision in the matter of
your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Christine D. Blanton
Animal Feeding Operations Unit
cc: David May, Washington APS Regional Supervisor
Megan Stilley, Washington APS Regional Office
File 4 DV-2009-0044
APS Central Files
AQUA'FER PROTECTION SECTION
163n" Mail Service ;'enter, Raleigh, North Carolina 27599-1636
Location, 2728 Ca6rW 8oul,-vard, Ra169ri, Nortn Carohna 27Q04
Phone: [phone] l FAX 1: 919.7 i5-D588 :.AX 2' 919.715-6048 l Customer Seri,ice: 1-377.623.6748
Internet www.nCvatermualL .org
i
JAN 1 5 2010 ;;aJ
one
Nod hCarolina
A Lltllrall1y
�n r'—I i" innnn��n+:v 4 Cffn•n h— Am" Fm Neva.

t
if
Beverly EEaves Perdue
GaVerrlor
HCDEHR
North Carolina ❑epai-tmant of environment and Natural Resources
Division of Water Quality
Cceen H. Sullins
Director
December 23, 2009
CERTIFIED MAIL - #7009 0920 0001 0529 8278
RETURN RECEIPT REQUESTED
Mr, Faison D. Smith
Faison Smith Farms, Inc. 42
524 Bill Sutton Rd
Albertson, NC 28508-9420
Dee Freeman
Secretary
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm 4 25-0049
Craven County
File No. DV-2009-0044
Permit No. AWS250049 --- - — -- - — -
Dear Mr. Smith:
This letter transmits notice of a civil penalty assessed against Faison D. Smith in the amount of $1350.91,
which includes $350.91 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 and the Director of the Division of Water Quality.
Anv 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of: I ; '
Christine D. Blanton
DWQ 2 2
1636 Mail Service Center I--J
Raleigh, North Carolina 27699-1636 C
AWFER PROTECTION SECTION C)nLI i
1636Mail Semite Center, Ralegh. North Carolina 27699.1C36 NohhCarolina
! ocatiori: 2728 Capral SouievarC, Raiergri, North Carolina 27504 AjQturah].
Pnow 915.733 3221 ? =AX 1: 919.715-658B FA' 2' 91E-715-6D461 �ustomer Service: i-877.62? c.7;! �`�
In=.emet v .ncwate�uality-off-fly
..� �.+iia: T••nmrnnnv � c?!-rnaiwo t�.nn=m.,inve-

1 Page
' 1?r?3f?OD9
2. Submit a written request for remission including a detailed ,justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator,
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(s) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
— -- -- -- Please note that all evidence presented in support of your request for remission trust be submitted in - -
writing. The Director of the Division of Water Quality will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions (Committee), Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties. Waiver of Right to an Administrative Hearing. and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Christine D. Blanton
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You mar obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and

Nut :,
12!23COOQ
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed - provided the original and one copy of the document is received in the Office of Administrative
Hearinfus within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Christine D. Blanton
DWQ
- --- 1636 Mail Service Center ---
Raleigh, NC 27699-1636
Please indicate the case number (as found on -page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions. please contact Christine D. Blanton at [phone].
Sincerely,
Theodore L. Hush. Jr.. Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: David May, Washin,ton APS Regional Supervisor wl attachments
File 4 DV-2009-0044 wl attachments
APS Central Files wl attachments
Susan Massengale w/ attachment

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN'
IN THE MATTER OF
FAISON D. SMITH
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
} File No. DV-2009-0044
}
}
} FINDINGS AND DECISION
AND ASSESSMENTS OF
} CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 1, Theodore L. Bush Jr., Chief of the
-- Aquifer Protection Section of the Division of Water Quality (DWQ), make the following:
\ 1. FINDINGS OF FACT:
A. Faison D. Smith owns and operates Faison Smith Farm, Inc. #2, a swine animal feeding
operation in Craven County.
B. Faison D. Smith was issued Certificate of Coverage AWS250049 under General Permit
AWG100000 for Faison Smith Farm, Inc. #2 on July 1, 2007, effective upon issuance, with
an expiration date of September 30, 2009. This permit was renewed on October 1, 2009 with
an expiration date of September 30, 2014.
C. Condition No. I. 1 of General Permit AWG 100000 states in part, "Any discharge or
application of waste to a ditch that drains to surface waters or wetlands is prohibited except as
follows: (a) discharge from the ditches are controlled by best management practices (BMPs)
designed in accordance with NRCS standards; (b) the BMPs have been submitted to and
approved by the Division of Water Quality (Division); (c) the BMPs were implemented as
designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed
immediately from the ditch upon discovery; and (e) the event was documented and reported
in accordance with Part III. 13, of this General Permit."
FBI
On September 17, 2009, DWQ Staff conducted a routine inspection at the facility and
discovered a backed up flush line, which led to a discharge. The wastewater was ponded in
front of the hog houses and flowed into a stormwater drain. The waste then traveled
underground before discharging to a drainage ditch. 455 ft from the point of origin. The
wastewater then traveled approximately 620 feet before it came to a stop at a low point in the
drainage ditch. -- --- --- --
E. Mr. Smith does not have a valid permit for the above -described activity.'
l� f+
1 E ;

II.
III
F. The cost to the State of the enforcement procedures in this matter totaled $350.91.
Based upon the above Findings of Facts. I make the following:
CONCLUSIONS OF LAW:
A. Faison D. Smith is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. The discharge of wastewater to a ditch, which bypassed the waste management system,
violates Condition No. 1. 1 of General Permit AWG100000.
C. Mr. Faison D. Smith 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 twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms., conditions, or requirements of a permit required by G.S.
143-215.1.
D. The State's enforcement costs in this matter may be assessed against Mr. Faison D. Smith
pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8).
E. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality. has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
DECISION:
Accordingly, Mr. Faison D. Smith, owner of Faison Smith Farm, Inc. #2, is hereby assessed a
civil penalty of:
$ IL) 0 0c a For violating Condition No. I. I. of General Permit AWG100000 for a
discharge of waste to a ditch.
$ C)OD 4pc> TOTAL CIVIL PENALTY
S 350.91 Enforcement costs
S- - / -- D •q 1 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-2 82. 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 quantity or quality;
(4) The'cost of rectifying the damage;
(a) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
FAISON D. SMITH } STIPULATION OF FACTS
FILE NO. DV-2009-0044
Having been assessed civil penalties totaling S 1.350.91 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated December 17. 2009, 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

1
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DN'-2009-0044 County: Craven
Assessed Party: Faison D. Smith
Permit No. (if applicable): AWS?50049 Amount Assessed: $1350.91
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right_ to an Administrative Hearing, and Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully a lied to the detriment of thepetitioner (the assessment factors are listed in
the civil penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare fos};
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain hox! pavment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 16, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7009 0080 0000 5655 4423
Mr. Faison D. Smith
524 Bill Sutton Road
Albertson, NC 28508
Subject: NOTICE OF DEFICIENCY
Faison Smith Farms, Inc. 42 Facility 425-49
AWG250049
Craven County
NOD-2009-PC-0920
Dear Mr. Smith:
On November 12, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Faison Smith of a high freeboard level in the primary lagoon. We wish to
thank Mr. Smith for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
Permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG100000
On November 12, 2009 a lagoon/storage pond level was documented at 17 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your hermit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Internet ngwater uaiit .or
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Empbyer - 500/6 Recydedll0% Post Consumer Paper
One
NorthCarolina
;Vaturallq

Cont. Page Two
November 16, 2009
Faison Smith Farm
Required Corrective Action for Deficiency 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated November 14,
2009 and received in the Washington Regional Office on November 14, 2009. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above deficiency on or before
December 16, 2009 and to provide a written response to this Notice within 30 days of receipt of
this letter indicating that freeboard is at a compliant level. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Megan Stilley at (252)-948-3947 or
me at [phone].
Sincerely,
oullll'eJ12��
David May
Regional Supervisor
cc: Keith Larick CAFO Unit
Pitt County Soil and Water Conservation District
NWC-WaRO
RO Compliance Animal Files
Murphy Brown Farms
MHS Files

North Carolina
Beverly Eaves Perdue
Governor
KUM
Department of Environment and
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7009 0080 0000 5655 4393
Faison Smith
524 Bill Sutton Road
Albertson, NC 28508
Coleen H. Sullins
Director
September 29, 2009
Natural Resources
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
Faison Smith Farm, Inc 425-49
AWG250049
Craven County
NOV-2009-PC-0340
Dear Mr. Smith:
Dee Freeman
Secretary
On September 17. 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS). conducted a compliance inspection and discovered that a flush line had backed up causing a
discharge of wastewater to an irrigation ditch.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under. The specific violations
are as follows:
Violation 1:
In accordance with condition I, item 1 of your State General Permit, any discharge of waste that reaches
surface waters or wetlands is prohibited except as otherwise provided in this General Permit and
associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by
runotT, drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise
as state waters. Any discharge or application of waste to a ditch that drains
to surface waters or wetlands is prohibited except as follows. (a) discharges from the ditches are
controlled by best management practices {BMPs} designed in accordance with NRCS standards; (b) the
BMPs have been submitted to and approved by the Division of Water Quality (Division);
(c) the BMPs were implemented as designed to prevent a discharge to surface waters or Cont.
wetlands; (d) the waste vvas removed immediately from the ditch upon discovery; and (e) the event was
documented and reported in accordance with Part II1,13. of this General Permit. Nothing in this
North Carolina Division of Water Quality Internet: www.ncwater alit .or
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal QppertunitylAf irmative Action Employer - 50% Recycled110% Post Consumer Paper
NorthCarolina
Naturally

Page Two
September 29, 2009
Faison Smith Farm
exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall
from a storm event more severe than the 25-year. 24-hour storm.
There was a discharge of approximately 1000 gallons from hog house number two (2) that traveled
approximately 455 feet to a drainage ditch, then traveled another 620 feet were it came to a stop in a low
area of the ditch.
Required Corrective Action for Violation 1:
I response to the spill the facility contained all the wastewater by digging large holes to trap the waste,
and then pumped the wastewater back into the lagoon. The facility cut the flush tanks off until the flush
line could be repaired, so that no more wastewater would be discharged. Additional corrective action is
not required at this time. However, it is recommended that all appropriate precautions be taken to
prevent such incidents from occurring again.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. Il'you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send such
information to me in writing within ten {10) days following receipt of this letter. Your response will be
reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director
and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more
than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in
accordance with terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A
If you have any questions concerning this Notice, please contact Megan Stilley at (252)-948-3947 or
me at [phone].
Sincerely,
Old-;
David May
Regional Supervisor
ce: Keith Larick CAFO Unit
Lenoir County Soil and Water Conservation District
NC
SWC-WaRO
O Compliance Animal Files
Murphy Brown Farms
NIHS Files

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr.. Secretary
Alan W. Klimek, P.E., director
CERTIFIED MA L
RETURN RECEIPT REQUESTED
CM# 7003 3110 0002 05741176
August 20, 2004
Mr. Danny Webb
2317 Highway 259 south
Kinston, North Carolina 28504
RE: Notice of Violation
Animal Operation Compliance Inspection
Danny Webb Farm
Facility No. # 25-49
Craven County
Dear Mr. Webb:
This letter is to notify you that facility # 25-49 is in violation of its General NPDES permit for failing
to conduct a annual sludge survey or waste application equipment calibration. Ms. Hardison from the
Washington Regional Office of the Division of Water Quality conducted an onsite inspection on July 29,
2004 at your facility in Craven County. A copy of the inspection report is attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste
Management Plan (CAWMP); (2) the farm is complying with requirements ofthe State Rules 15 NCAC
2H.0217, Senate Bill 1217, General NPDES permit and the Certified Animal Waste Management Plan, (3)
the farm operation's waste management system is being operated properly under the direction of a Certified
Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or runoff.
The following violation was noted during the Compliance inspection:
m Failed to calibrate the waste application equipment for this past year. Please be advised that in
accordance with condition II, item 23 of your General NPDES Permit, all waste equipment must be
tested and calibrated at least once per year. The results must be documented on forms provided by,
or approved by, the Division.
m Failed to conduct a sludge survey of the sludge that has accumulated in the lagoon. Please be
advised that in accordance with condition III, item 16 of your General NPDES permit, all facilities
shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the
Certificate of Coverage under your General NPDES permit and every year thereafter.
During the inspection, it was understood that the small grain (wheat crop) did not amount too much
therefore you did not harvest the wheat. instead, the crop was cut into the soil prior to planting the next
crop. Approximately, 33 to 38 lbs of nitrogen was applied to the wheat crop. Please be advised that if r 30
lbs of nitrogen is applied to a small grain, it is allowed to cut the crop in (leave the crop in the fields),
943 Washington Square Mail, Washington, Nash Cardin 27M
Phone: [phone] FAX 252-M-37161 Internet h2o.enr.state.mus IlQ
o�rthCalrOlina

Page Two
ti August 20, 2044
Mr. Danny Webb
F= 25-49
however, the applied nitrogen must be deducted from the next crop. If? 30 lbs of nitrogen has been applied
to small grain, the crop must be harvested. It is advised to consult with your Technical Specialist to have
this guidance added to your waste utilization plan. As advised in prior years, all crops, fields and farming
practice implemented on your farm with respect to swine waste management must be illustrated in your
Waste Utilization Plan.
It is very important as the owner and/or the Operator in Charge that the aforementioned violation
and any other problems that may arise be resolved, as soon as possible. For additional assistance, please
contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection. If you have any questions
concerning this matter, please contact me at 252-946-6481, ext.335 or Lyn Hardison at ext. 318.
Sincerely,
Willie Hardison
Environmental Regional Supervisor
Aquifer Protection Section
Division of Water Quality
Cc: Craven County Soil and Water Conseavation Disoct
Kraig Wcgabeek, Murphy --Brown LLC, PO Box 856 WarsawNC 28398
NCDSWC-WaRO (rvlout mats)
Non -Compliance Group (wlont =Kfar=its)
DWQ — Aquifer Protection Section Central Files
WaRO Compliance Ani uW Files
LBH Files
WHILBH

of Visit 0 Compliance Inspection O Operation Review C; Lagoon Evaluation
for VIsit D Routine Q Complaint Q Fallow up Q Emergency Notification Q Other ❑ Denied Access
Facility Number 25 49 ]late of Visit: 7-29-2U04 Time: 125Q
NNot Operational C Below Threshold
® Permitted ® Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ........ . .......... ....
Farm Name:VaA.ny..W.ChttYarM..................................................................................... County: Craygil .............................................. WARQ.......
OwnerName: Danny ..................................... .W.se kl................................_.................._.... Phone No: 9].9-S23-S2Z7............................................................
MailingAddress: t.T..X xY3.258.5................ ................. .................................... ............. )iU Qrl..NC........................_................................... 2850.4 ..............
Facility Contact:.
Title:.
Phone No:
Onsite Representative: .uny. W.Cbb............................................................................... Integrator:lYUr9hy.l lAlY..1F Q1[txj...................................
Certified Operator: Maxty.L ............................... Wchh ................................................ Operator Certification Number:ZQ9.QB .............................
Location of Farm.:
From Kinston take NC 55 into Craven Cc. turn left on SR 1475 go 0.5 mile to farm entrance on left 14,
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 ' 19 57 Longitude 77 ' 25 24 u
Design Current
Design Current
Design Current
Swine Capacity Population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
❑ Layer
I I
❑ Dairy
® Feeder to Finish
4896
10 Non -Layer
I I
JEI Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder
❑Other
❑ Farrow to Finish
Total Design Capacity
4,896
-
❑Gilts
Total SSLW
b60,950
❑ Boars
Number of Lagoons 1
Discharges & Stream Im pacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gat/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
[I Yes El No
❑ 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
Waste 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 b
Identifier:................................................................................................................................................................................
Freeboard (inches): 24"
12112103
Continued

Facility Number: 25-49
Date of Inspection 7-29-2004
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ 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 maintenancelimprovement?
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? If yes, check the appropriate box below.
❑ Excessive Ponding ® PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
❑ Yes
® No
❑ Yes
N No
❑ Yes
® No
❑ Yes
N No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
12. Crop type Coastal Bermuda (Hay) Small Grain Overseed Corn, Soybeans, Wheat
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Odor Issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours?
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional
Air Quality representative immediately.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes N No
❑ Yes N No
❑ Yes ® No
Cnmmetits [refeir.fo.questsan #}::;Explain any=YES,aosrvei^s andlur_any'recommendations ar any other eomments: .
LFse.drawfngs of facilrty to. hetter.explam situations (use additionarpages`as nec_essary):: ❑Field Copy ❑Final Notes
E,ecords available
Waste Analysis: 5-17-04 = 2.5 lbs
3-3-04 = 2.3 lbs
11-18-03 = 2.1 lbs
Soil analysis - last analysis 12-03 - Make sure to pull samples for this year.
Irrigation records are complete
q 11 - S. grain (wheat crop) - yr. 2003-04 - crop did not make so it was cut in - applied 33-38 lbs of Nitrogen.
NOTE: Up to 30 lbs on wheat crop can cut in and the applied nitrogen must be deducted from the next crop.
However > 301bs applied to s. grain - the crop must be harvested.
Freeboard levels, mortality and rainfall records are kept.
# 15 - Many weeds noted in spray fields - area been reseeded. Suggest to contact your Area Agronomist - Bob
Edwards 252-521-3982
# 33 & 34 - Sludge survey or the irrigation calibration has not be completed
Reviewer/Inspector Name Lyn B. Hardi qn
Reviewer/Inspector Signature: Date: -7 017 —0
12112103 Continued

Facility Number: 25- 49 Date of Inspection. 7-29-2084
Required
Records & Document�
21.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
® No
22.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(iel WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
23.
Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes
N No
❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling
24.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
N No
25.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
N No
26.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(iel discharge, freeboard problems, over application)
❑ Yes
N No
27.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
®No
28.
Does facility require a follow-up visit by same agency?
❑ Yes
N No
29.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
N No
NPDES Permitted Facilities
30.
Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
N Yes
❑ No
31.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
N No
32.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
N No
33.
Did the facility fail to conduct an annual sludge survey?
N Yes
❑ No
34.
Did the facility fail to calibrate waste application equipment?
N Yes
❑ No
35.
Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below.
❑ Yes
N No
[:]Stocking Form ❑ Crop Yield Form []Rainfall ❑ Inspection After I" Rain
❑ 124 Minute Inspections ❑ Annual Certification Form
0
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
12112103

kl Ro
Michael F. Easley
Governor
Wiliam G. Ross Jr., Secretary
Departrnent d Envinxvnent and Natural Resources
Gregory J. Thorpe, Ph.D.. Acting Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
August 13, 2001
Mr. Danny Webb
Danrry Webb Farm
900 Pink Hill Road
iQnslon, NC 28504
SUBJECT: NOTICE OF VIOLATION
Animal Feedlot Operation Compliance Inspection
Danny Webb Farm
Facility No. 25-49
Craven County
Dear Mr. Webb:
This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, General
Permit, Tide 15A North Carolina Administrative Code, Subchapter 2H, Section .4217(d) and N.C.G.S. 143-215.1.
On June 8, 2001, Daphne Cullom from the Washington Regional Office of the Division of Water Quality conducted an
Animal Feedlot Operation Compliance Inspection at the Danny Webb Farm in Craven County. A copy of the inspection
report is attached for your review.
In general, this inspection was to determine that (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2)
the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal
Waste Management Plan; (3) the farm operation's waste management system is being operated property under the direction
of a Certified Operator, (4) the required records are being kept* and that (5) there are no signs of seepage, erosion, and/or
runoff. The following violations were observed during the inspection:
The Certified Animal Waste Management Plan (CAWMP) did not contain a copy of the Certificate of Coverage, General
Permit, and most agent Waste Utilization Plan (WUP).
Over application of animal waste in e)cess of the Plant Available Nitrogen Rate asset out in your CAWMP for the
receiving crop(s) was noted in the irrigation records (IRR-1 & iRR-2) for the winter 2000-2001 receiving crop of small
grain. You are advised to review your current WUP for the PAN rate of each receiving crop as well as the application
windows.
The current WUP should be revised to include the correct receiving crops in the fields and to correspond with the
irrigation design. You are advised to contact your Technical Specialist for assistance. The WUP should reflect the
actual cropping scheme of the farm. This was previously noted in a Notice of Deficiency dated October 12, 1999. See
the attached inspection form for further comments.
Your Certified Animal Waste Management Plan records did not include a current waste analyses for January irrigation
events on wheat as noted during the DSWC Operation Review on February 19, 2001. In Section Ili. Monitoring and
Reporting Requirements, item number 4 of the General Permit, it is a requirement that a waste analysis be conducted
as close to the time of application as practical and at least within 60 days (before or after) of the date of application.
Further, this waste analysis is necessary to complete your irrigation records and to ensure that over application does
not occur_ This was previously noted in a Notice of Deficiency dated October 12, 1999. See the attached inspection
form for further comments.
943 Washington Square Mall Washington, NC 278M 252-946-6481 (Telephone) 252-945-9215 (Fax)

Page Two
Notice of Violation
August 13, 2001
Da:vV Webb Farm
Your Cef fed Animal Waste Management Plan retards did not include a soul analysis for 1999. In Section Ill. Monitoring
and Reporting Requirements, item number 3 of the General Permit it is a requkement that a sail analysis be collected
annually on each application field receiving animal waste. Further, Section I Operation and Maintenance
Requirements, item number 3 requires that lime be applied, as needed, to maintain soil pH in the optimum range for crop
production_ This info"nation is received from your annual sal anatysis.
➢ Field 10 does not contain a receiving crop for fond application as designated by the WUP and General Permit. This
has been noted during numerous inspections by DSWC and DWG and in a Notice of Deficiency dated October 12,
1999.
it is very lrnportant as the owner and/or the Operator in Charge that these aforementioned violations and any other problems
#rat may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist.
You are requested to respond in writing to this notice within 15 days of receipt, outlining the corrective actions that have been
undertaken and/or have been planned to address these violations and any further actions taken to prevent future violations
of this nature from occurring. The effectiveness of your response will be a factor in the consideration of future enforcement.
Please be advised that this letter does not prevent the division of Water Quality from taking enforcement actions for past
or future violations.
Thank you for your cooperation and assistance. If you have any questions concerning this matter, please contact me at
252-946-5481, ext. 214 or Daphne Culfom at ext. 321.
Sincerely,
J m Mulligan
egional Supervisor
cc: Murphy Family Farms
Craven County SWCD Office
DSWC-WaRD
Cpmpliance Group
aRO
DISC Files

� n Of �it+Cr �z �� F � ,
�. F<': ��kV�.
wY � �t`Y�'r�•.1c•,��%:?..,.�`� �a -w.��� .�.T.w-, .. �Kf..,... ?�Ry.A'vn'.'��i�;-,_ `-�
,�'���k:?�:x�,: �,:fit?..-•*�'.'.i��..;;��k���IF'1'R1611 Q�� inl�.l�Atel' C'FltlblZ�ri�y:�t`_^
of Vim Q) Compliance Inspection, Q Operation Review 0 Lagoon Evaluation
for Visit 0 Routine Q Complaint 0 Fonow up ❑ Emergency Notification Q Other
❑ Denied Access
Facikv Number 2.5 4g Date of ■°i%it: 6-8-2D[!1 Time: 1Z=a► tyro Printed on: $11312DO1
Not O %rational 0 $elan Threshold
Permitted ® Certified d Conditionally Certified © Registered Date Last Operated or Above Threshold: .....................
Firm Name: DADj1yJ&hh _ .._._._..__ __.__- Crrnntv : Cr&ym...........__..... ........ _WAKQ.
Owner Name: DAniny— Phone No: 919-621--"Mi2...... ..... ...... _.._..... ............ .............
-
Mailing Address: �Q Pink � ]��._.._ .
Facilit►• Contact: .................__ ... _........... ... _. _._. ......._.. Title-: ....... ..... _................................................ Phone No:
Onsite Representative: Dams.Hsbb_...........----------_._._-_............. .-......... .......... Integrator. MuMh,) Fam_Uv.X&rm&--............------............-----
Certified Operator: ftnnt ._........................._.. ................ Operator Certification Number: 209fl.8... _......... ...............
Location of Farm:
Kinstan take NC 55 into Craven Co. turn left on SR 1475 go it 5 mile to farm entrance on left.
lI
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude �• �•' � Lone;itude �• �• C-
Desiga.:::- Current Desig>z ....Current':'..: Design :::. Cetrrerlt
Swine
Capa Population--uu r!' C aeifi .Po elation Cattle Capacity Popidation
❑ Wean to Feeder
® Feeder to Finish
❑ Farrow to Wean
4896
4800
I
❑ Farrow• to Feeder
❑ Farrow to Finish
❑ Cnits
❑ Boars
�❑ Layer ❑ Dair
�❑ Non -Layer ❑ Non-Dairvoth;
�.�
-Total Design Capacity 4.896
•
;' ,Total SSLW 66a,960
.... - .......:-. - - 1
Number. ofLagooas Subsurface Drains Present ❑ Lagoon Area ❑ Sprav Fieid
HoIdiirtg Ponds 1. Solid Traps : ❑ No Lie;uid Waste Management System
Discharv;yes & Stream Impacts
1, Is any discharge observed from any part of the operation?
❑ Yes ® No
Discharge ori*ated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveeance man-made? ❑ Yes ❑ No
K If discharge is obceuved, did it reach Water of the State" (If yes. notili- DWQ) ❑ Yes ❑ No
c. If discharge is obsen cvl what is the estimated floe in eallmin?
d. Does discharge btPass a lagoou ma -stem" (f f vcs volify DWQ)
2. Is there evidence of past discharge from am, part of the operation?
3, Were there any adverse impact% or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Coliection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure S
IdCntifu:;r: .__ ... __ - -- - .. _ -- -----....... ...... ...... ........ .-...... --•
L7 Yes Cj No
■ Q
❑ Yes g No
❑ Yes ® No
Structuu•e 6
FTecboard (inches):

03.03.Ui Con ijoed
Facility Number. ZS-49 Date of Inspection i-- 200I printed on: $113f2001
5. Are there any imme duff threats to the integrity of any of the structures observed? Oel trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structiaw on -site which are not properly Addressed and/or managed through a waste management or
closure plan?, ❑Yes ®No
(if any of questions 4-6 was answered yea, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structmics need ma intenan=rrmprvvcment? ❑ Yes ® No
8. Does am part of the waste management system other than waste structures require mainteuancefimprovement?
❑ Yes
N No
9. Do any stuctmes lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
®No
Waste Application
10. Are there any buffers that need mamtenanoefimprovvemeut?
❑ Yes
N No
11. Is there evidence of over application? ❑ Excessive Ponding N PAN ❑ Hydraulic Overload
N Yes
❑ No
12. Crop type Coastal Bermuda (Hay) Small Grain Overseed Corn, Soybeans, Wheat
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
[i No
c) This facility is pended for a wettable acre determination?
❑ Yes
0 No
15. Does the receiving crop need improvement?
N Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
Nt No
Required Records & Documents
17. fail to have Certificate of Coverage & General Permit or other Permit readily' available?
® Yes
❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readih- available?
(iel WUP, checklists. design maps. etc.)
[R Yes
[f No
19.
Does record keeping need improvement? (iel irrigation fieeboard, waste analvsic & soil sample reports)
N Yes
❑ No
20.
Is facility not in compliance Aith any applicable setback criteria in effect at the time of design?
El Yes
N No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
Z- No
22.
Fail to notify' regional DWQ of emergency situations as required by General Permit?
(iel discharge, freeboard problems, over application)
❑ Yes
N No
23.
Did Reviewer/inspector fail to discuss review/inspection with on -site representative?
U Yes
N No
24.
Does facility require a follow-up visit by same agency?
® Yes
❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No
0 No violations or deficiencies were noted during this visit_ You will receive no further correspondence about this visit.
❑ Field Copy ❑ Final Notes
7. Continue efforts to remove vegetation from inside dike wall. AL
15. Brush pile removed fmm field if 10-. planning to plant millet, *Note (WUP should be amended to reflect this receiving crop). No
receivng crop at time of inspection in field W 10.
17. CAWMP needs a copy of the Certificate of Coverage & General Permit_
18 & 19. Waste analysis 6-5-01.2.3 lbs.11000 gals.; Soil anal sis 4-I2-01. lime as recommended: need to obtain copy of 1999 soil anahsis
or CAWMP records. Need copy of the most current Waste Utilization Plan in the CAWMP. last WUP ou site is from 1998 with field 10 - i
Coastal Bermuda, fields 2 & 7 as CIWISB, however the irrigation design shows fields 10 & 2 as CB and field 7 as CIWISB. Update current
WUP to address crop for field #10. Irrigation records completed by Dulls for each field. If the WUP has 50
Reviewer/Inspector Name
D plane 13.. ulbm.----nt....._.-�.,..��.----�_ _---'-;s•----.......-,,.:,:.- �..-,.,_..----.:.f,:; :_._ ._._ ._w-.---�-�--,.TM�.-
ReviewerllnsDector
ORKM�
Date: G - 8 — Q {

'405/03/0I
F=Hity Number. 25-49
Date of Inspection 6�-2(IUl
Continued
Printer! on: 8/13/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fad to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Arc there any dead anixnnls not disposed of property within 24 boars?
28. Is there amp evidence of wind drill during land application? (ix. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
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.)
31. Do the animals feed storage bins faze to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permauent/temporary cover?
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
rr^.,=.::=.s;.:.:c;<.:. '.-'.:=c:.12 ::..:z..:a::.: -
II-wS'anayr�y
lbs. for small grain overseed then overapplication has ocvrrcd in field #2 or if 100 lbs. is the PAN rate then land application should not
have occurred in 3anuary 2001 on small grain-
acility will receive a Notice of Violation for noted violation above. A site '%risit will be conducted again to follow-up this inspection.
6-8-01. 4:00 pm - Mr. Webb contacted the WaRO to notif►• me that he had located his current WUP and it indicated that he has a Pan
ate of 50 lbs. for the small grain overseed, which means that overapplication occurred on this receiving crop_
NF

W0.RQ
11
State of North Carolina SrArE
M1 17ys
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr,, Governor
Sill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 12, 1999
Mr. Danny Webb
Danny Webb Farm
900 fink Hill Road
Kinston, North Carolina 28544
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Danny Webb Farm
Facility No. # 25-49
Craven County
Dear Mr. Webb:
Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is
viewed in DWQ database) conducted at the referenced facility by the Division of Water
Quality from the Washin�gon Regional Office. Please read this inspection and keep it
with all other documents pertaining to your animal operation for Future inspections.
1n general, this inspection included verifying that: (1) the farm is complying with
requirements of the State Rules 15 NCAC 2H.0217, Senate Sill 1217, the Certified Animal
Waste Management Plan and/or General Permit; (2) determine whether the waste
utilization plan is based on total or actual wetted acres; (3) the farm operation's waste
management system is being operated properly under the direction of a Certified Operator;
(4) the required records are being kept; (5) there are no signs of seepage,'erosion, and/or
runoff. The following deficiencies were observed during the inspection(s).
tp The Waste Utilization Plan (WL7P) needs to be revised to include the correct crops in
the fields and the crops intending to be grown in the designated fields.
[p In field # 10, there were many ruts and a pile of woody debris. This field is in need of
repair (re -level and re -seed) and remove the pile of debris.
(p The waste samples are required to be collected within 60 days of irrigation, before and
after.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

It is very important as the owner and the Operator in Charge that you resolve these
aforementioned deficiencies and any other problems that may arise, as soon as possible.
k For additional assistance, contact your Technician Specialist. Nothing in this Letter should
:r be taken as absolving this facility of the responsibility and liability of any violations that
have resulted or may result from these deficiencies. Failure to comply with your Certified
Animal Waste Management Plan and General Permit could result in civil penalty
assessment and/or revocation of your General Permit.
Thank you for your assistance and cooperation during the inspection. if you have any
questions, please contact me at 252/946-6481, ext. 3I8 or your Technical Specialist.
Sincerely,
Lyi B. Hardison
Environmental Specialist
Cc: Craven SWCD Office
DSWC•-WaRO (w/out attachments)
Compliance Group (wlout attachments)
WQ Central Files
aVaRO
LBH files
W Washington Square {Mall, Washington, North Carolina 278M Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Division of Water Quality - Compliance Inspection
wig
I <_ W ,• ,_ =xy: 13 Other Agency - Operation Review
JO Routine Q Comfllaioi Q l olltlw •ell :�t I)LL'{ 1 in�lu r[inn Q hollu►►-u11 lrI iISLL'[' rr' ir►► Q [ llln r
Da
l :lriEil_► NI:Inllr r 25 t9 r Ill• Intilive Iion 5-1-059 —
TialV of I nyilcclin+r 925 24 hr. (hh:mm)
® Permitted ❑ Cerlified H Conditionall.v Certified ❑ Registered IONipl () Icralioua! liar I..I.I [}lrl rarrll:
Farm Name. WLAny..W.61..)F,al:m................... (:ell ell►: CxdF'-tIA..........--................. I................ Wei�Q.,.'....
t7►►rter iy able: Many ..................................... S3.'ICbb....... --•...... --...... .. ......... .................... ... t'Ili�lrr ��r,: Z.5x-52�:�7�7................ ........... --.... .........................
F Jeitir► C011t:3••t:.......................................................... ..............'E'idle: 1,1111:11• Not:
At:tilirl . ,Lllllrr,,: 9QO..Pjrx MIL.R.ci............................................................................. Kijastvm.NC-.-....... -• •---•...... 7.flStrt.............
t]rtzitc Ft.leresrrlt:tli►c:iase..F.lunn.f>P�n.ut)....................... .... .. ...-.. Irlil; r:l��rl: hilr<r�r��:.amil�'..arlrxs -............ ...
Cel•Illiecl f)lla;r:rtrll•:.DaU[illy'..I,........................ ........W..CI]ell........................ ......................... [llr.•r:rll,r• (a•rliti.•atl,lrr Nulllllcl•:.2lijljii_............._............:
Locaiinn of Farm:
r�
...ro.m.... ...:aatai��NC.SS..inta.C.rx.... lCrt..xm..... el ......SR.. .....11. trxilG.ts�.farlm-cnxxantcsln.is:.t..........................................................
Latitude 0 . 177]•• l.origiludl• =• =. F_­ •.
Design Current
Design Current
Design Current
>' Capacity Population
Poultr
Cattle '-Swine
Capacity Population
❑ Wean to Feeder
❑ Laver
❑ Ilairy
® Feeder to Finish
4896
4896
IF Non -Layer
❑Non-1Jairy
.
❑ barrow to Wean
❑ Farrow to Feeder
❑ other
❑ I- afro►►• to Finish
Total Design Capacity
4,896
❑ Gills
Total SSLW
660,960
❑ Roars
Numhcr of Lagoons ] ❑ Subsurface Drains Present ❑ L:ii oirn Area ❑ Spray Field Area
Holding Ponds I Solid Traps ❑ NoLiquid Waste M1lanaf ement S) stern
DischarLts & Stream Impacis
1. Is any discharge observed from any part of the operalioFI ?
(Ji chars'c origillalecl al: F1 Lagoon 1- I Sprat' Field [ __i 0i1kQr
a. II dl,Chal-L'l: f� [717�CI'Ciat. 1►:F� ill.: C17I1►ti►'iIIIC� r11711l-ilia[I��'
h. Ifdischar-C N okcncd- laid it r�,l�ll 1L'al�r oI the tila[.'' {1C►e,. ull3il► I lll't 1l
Ifdi,kJhar�'c is alh.cl•►CIL nhal i, the Cs6111.11cd Ilo►► in r+atllnin"
d. I)ov.% cfiu:harge hrleas• a laLoorl .►stun'' [ 11 ►e,. nolili 1 )IL'[ ))
2. Is lhere evidence of past discharge from any part of the operation'?
3. Were Ihcre any adverse impacts or potential adverse intpacl% to the Waterti of the Stale other than from a discharge?
LVatite Collection & Treatment
4. is storage capacity (froeboard pht, storm steerage) less Than adequate? f �1 SpiEl►►ay
Sit tiiallr,:I 'Ni llldIlr,:' till IIIIiliSIIII,:IIEIV-
I 111u.'rllp�
MC I l i I I I.: I. . ................................... ..........
5. Are there any ityune.dlaly Iltreats to the integrity of any of the sirllC11.11' :, obser-%Vd? (iQ/ IrCCS. WWre l:rl SWIL
%eepage, etc.)
V77I1)9
(-1 Yes m No
17Ye, RNo
[_l Yes M No
i- ] Yes M No
(—] Yes M No
1-1 Yes 0 No -
1_1 Yes No
tillllCillr�: i,
1-1 Yes M No
C o' ntliumil an hark

Facilit► Number: 25-49
11lit r IC Irrspre'lieitt
6 Arc there structure~ on -site ► ItIt; lr are not properly addressed and/or managed througli a wasic nnaIIageutent or
closure plan?
(if any of questions 4-6 was ans►rered yes, and the situation poses an
immediate public health or environmental threat, motif}• DWQ)
7. Do an}' of the structures need umintenancclimprnverncrH7
8. Does an►' -part oft I Pe was to nnnit ageiticrrt sysic ut olhc:r lltarn nasle strue Iures require Ina ittlenaitcclitupro►wnnenI?
9. Do aIy stnot itres lack adequate, gauged markers ►►ith required utax iIitwn and ntiniInlnrn liquid levCI
ekwation markings'?
Waste AisAlcatiori
10, Are there any buf%rs that oee d inairrtertantec:linrproverneul?
S-lit-99
❑ Yes
N No
E Yes
L-� No
0 Yeti
No
J Yes
No
Yes
No
11, is there evidence of over application? ❑ ENcessive Pondnng ❑ PAN
❑ Yes W No
12. Crop t►'pe Coastal Bermuda (I lay) Small Grain U►•ersced Corn. Soybcaus, Wheat
IT Do the receiving crops dinar with those designated in the Certified Anintal Waste Management Plan (CAWMP)? � DA Yes ❑ No
14. a) Does the facility lack adequate acreage for land applicalion?
b) Does [lie I'ac:ility m-cd a ►►enable acre determination?
• c) This laciIil►' is peuded fi►r a ►►ct(able acre de ten itinaIion?
15. Uoes the receiving crop need improvement?
16. Is llrerc a lack of adulualc ►va.lc application egtriprnrcrrl7
Recttnircil Iiecc�rds & Docunneils
17. Fail to have Certificate of Coverage & General Per-ruit readily available?
19- Does the facility fail to have all components ofthe Cerlified Anintal Waste Management Plan readily available?
6/ Wul', checklists, design. maps. etc.)
19. Does record keeping need improvement? (icl irrigation. fiecboard, waste aaall'sis & ~oil Sarnple reports)
20. Is facility not in compliance with any applicable setback criteria in eflcet at (lie linnc of -design?
21. Did [lie facility I'ail.lo have a actively certified operator in charge'?
,�o
;22. Fail to notify regional DWQ ot'ierncrgency situations as required by General Perinit?
% (ieldischarge, frcxboard probl nis, over application)
21 Did Revie►yerllnspeclor fail to discuss revie►ylinspection with on -site representative?
jJ Yes ® No
❑ Yes N No
0 Yes R No
0 Yes El No
0 Yes N No
❑ Yes ® No
Yes N No
0 Yes ❑ No
❑ Yes N No
❑ Yes ® No
❑ Yes ® No
❑ Yes N No
24. Does facility require a tollo►v-up visit by same agency? ❑ Yes 9 No
25. Were any additional problems noted ►vhieh cause nonconipliauce of the Certified AWMP? ❑ Yes N No
No violations or deficiencies were noted during this visit. You will receive no further
-eorres ondeuce about this visit.
Cnmments`(refenr.to questfon4* ? f� taint. hazy:YES anlswer's' aiiillor any' recornmeisdiitioris'or an vflier coinmenfsTAff'
,., .
•'es m _ �...,,,�.,••�" �.�=^- F-.,"r��a.;:�. - :�v te.�-:-.:.,;,;..;_:;s;:..,s�. r;�*x_- •±.'z'• :,a-•ti..-.`; ,rn e= :�•
uae.d14 ga;of.fa�ility to better -explain aetuat,ons:;(use additional pages as, necessary): ::t y
Records available for review. Need the cheeklisl (odor, insecl and mortality). �
# 7 - Bare spots on dike wall. Continue yvnr etlinrls to establish a gcxxf vegetative corer.
# 13 - Tobacco is planted in one field and if anunal ►► asic is applied onto it, thewaste plan Insist include it. Make the uec:essan'
115 - Field # 10 has wet places. large nits and a pile ol-►yocxly debris- Aniruals have also been buried in this field at least on one
ri:.casion. This field is in need of great repair. The debris should be removed, ground broken up, releveled and reseeded with a suitable
rop for the soil type and approved in the waste managenncal plan. Bermuda is the designated crop in the plan. It was mentioned that
►c:rttiuda Would be sprigged this month.
Y
Revie►►erllnspector Name Lvn B. Hardison
Re►•ie►►erllnsnec tar Sienafure: , I, WIN- 7 ez n

Facility Number: 25-49 Palr IPI' 111%1)U41i4i11 1-lfl J
Odor Issues
26. Roes Ilse discharge pipe from the con i[tell ell t building to the storage pond or Iag!c iI tail to diset large allor helow
liquid leveI of lagoon or storage pond n'iIII no agitation''
27. Are there any dead anilnals not disposed of properl►' ►3 illlin 24 hours`?
28. 1s lbere any evidence of►viitd drill ditriitg I a n d application? (i.e. residue oil neighboring, �'cgetaIion. asphalt.
roads, building stnlclure, and/or public properly)
29, Is the land application spray syslem intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems m.-iIli the ven(iIaIIon faits) doted? (i.c. broken tart belt,, missing or
or broken fan hIade(s), inoperable shutters, etc-]
31. Do tlic animals feed slorage loins tail to have appropriale covcr?
32. Do the flush tanks lark a subit tc:rged fill pipe or a itennalie iit/lemIto ran, Cover?
rruunn�nr=_a.vuuaeuw uuuro.�reunau��. .. _
1 19 - Need another waste analysis ASAP. It is suggesled to collect waAc: samples fior analysis quar erly-
n addition, daily inortalily, rainfall and freeboard level,. are roulincly reeorded-
NTERGRATOR CARD WAS GIVEN AT TIME OF INSPECTION.
f you have any questions, please contact me at 252-946-0481, c11. 319.
.N
Yes Ff No
j ] Yes () No
l J Yes F�l No, ,
[] Yes [ No
F, Yes I_] No
)_) Yes ❑ No
Yes [ ,Nq',

State of North Carolina
Department of Environment,
Health and Natural resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April3, 1997 APP 0 7 1997
Danny Webb
Danny Webb Farm
900 Pink Hill Rd
Kinston NC 28501
SUBJECT: Notice of Violation
Designation of Operator in Charge
Danny Webb Farm
Facility Number 25-49
Craven County
Dear Mr. Webb:
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Farm for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely, h�
for Steve W. Tedder, Chief
Water Quality Section
bblawdeslet 1
cc: Washington Regional Office
Facility File
Enclosure
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ALBERTSON NC 28508
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Ps Form 3811. February 2004 Domestic Return Recelpt . ioe5a,-Deal IW

UNrT'ED STATES POSTAL SERVICE First-Mss WI
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524 BILL SUTTON ROAD
ALBERTSON, NC 28508
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itiri�
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