100021_ENFORCEMENT_20171231

i
NORTH CAROLINA
Department of Environmental Quality

State of North Carolina
Department of EnvironVED
and Natural Resource A[4jLeA
Division of Water Quality FEB 1 7 2000
11111111111111116
James B. Hunt, Jr., +Cove —FD
N C p
Bill Holman, Secretary C 1 [�l�
Derr T. Stevens, Director
February 8,2000
MR. PEARLY VEREEN
CAROLINA BAY FARMS,LLC
2551 EX.UM ROAD,NW
ASH, NORTH CAROLINA 28420
SUBJECT: Acknowledgment Receipt Letter
Carolina Bay Farms, LLC
File No. DD 98-013
Brunswick County
Dear Mr. Vereen:
This letter is to acknowledge receipt of your check No. 6127935 in the amount
$5,508.94 received from Carolina Bay Farm on February 3,2000.
This payment satisfies in full the civil assessment in the amount of$5,508.94
levied against Carolina Bay Farms, LLC and this case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
If you have any questions please call Steve Lewis at [phone] extension
539.
Sincerely,
Steve Lewis
Non-Discharge Compliance/Enforcement Unit
SL/te
cc: Wilmington Regional Office
Enforcement/Compliance Files DD 98-013
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5o%recycled/10%post-consumer paper
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JAN U 7 2000
State of North Carolina
MICKkEL. F. EASLEY Department of Justice REPLY M Francis W.Crawley
Environmental Division
ArrdWNEY GENERAL P.O.BOX 629 [phone]
RALEIGH [phone]
27602-0629
January 5, 2000
Mr. Pearly Vereen CERTIFIED MAIL
Carolina Bay Farms, LLC RETURN RECEIPT REQUESTED
2551 Exum Road,NW
Ash,North Carolina 28420
RE: Assessment of Civil Penalties Against Carolina Bay Farms, LLC
DDC 98-013
Dear&1r. Vereen:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 30 days of
receipt of this final agency decision by mailing a bank or certified check. The check should be
made payable to the Department of Environment and Natural Resources and the mailing envelope
addressed as follows:
Mr. Shannon Langley
Water Quality Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision
document, the Department will seek to collect the amount due through a civil action commenced
in Superior Court.
Very truly yours,
c,a a W.
4rLancis W. Crawley
Special Deputy Attorney General
Commission Counsel
FWC/jlb
Enclosure
cc: Shannon Langley
Jennie Qdene
ep/37099
'C147D,

I
STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF BRUNSWICK ENVIRONMENTAL MANAGEMENT
COMMISSION
DD 98-013
IN THE MATTER OF: ) f-,; I " E
Assessment of Civil Penalties ) FINAL DECISION
JAN 0 5 2000
Against )
Carolina Bay Farms, LLC ) � i co M sskMAdGEMEI�T NVA
i
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and § 143B-282.1,
on December 9, 1999, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against
Carolina Bay Farms, LLC in the amount of$5,508.64 ($4,800.00 plus $708.64 investigative
costs). Carolina Bay Farms, LLC's request for remission was presented to the Committee on Civil
Penalty Remissions for consideration. The Division of Water Quality was represented by Mr.
Rick Shiver, Regional Supervisor in the Wilmington Regional Office, and Carolina Bay Farms,
LLC was represented by Douglas Sasser, Esquire of Whiteville, N.C. and Mr. Pearly Vereen.
Having considered the record, arguments of the parties, and the factors set forth in
N.C.G.S. § 143B-282.I(b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by Carolina Bay Farms, LLC, that the Findings of Fact support the Conclusions of Law, and that
the Director properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the
amount of the civil penalties. The Committee further finds that there are no grounds for remission

e
or reduction of the penalties assessed by the Director for violation of N.C.G.S § 143-215.1 on
April 13, 1998 by applying animal waste by spray irrigation in a manner that resulted in excessive
ponding and runoff to the waters of the State and was an outlet to such waters without a permit.
Upon duly made motion and vote,the Committee finds that the assessment of civil penalties and
costs in the amount of$5,508.64 ($4,800,00 civil penalty plus$708.64 investigation costs) should
be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of$5,508.64 against
Carolina Bay Farms, LLC is AFFIRMED.
2. That this Final Decision and Order be served upon Carolina Bay Farms,LLC and
upon receipt hereof,the amount of$5,508.64 be paid to the Department of Environment and
Natural Resources within thirty days.
This the eday of December, 1999.
D d H. Moreau, Chairman
Environmental Management Commission

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Pearly Vereen CERTIFIED MAIL
Carolina Bay Farms, LLC RETURN RECEIPT
2551 Exum Road,NW
Ash,North Carolina 28420
Douglas Sasser,Esquire U.S. MAIL
P.O. Box 749
Whiteville,North Carolina 28472
Mr. Rick Shiver U.S. MAIL
Regional Supervisor
Wilmington Regional Office
Department of Environment and
Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405-3845
This the S day of January,2000.
MICHAEL F. EASLEY
Attorney General
ancis W. Crawle
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh,N.C. 27602-0629
919/716-6600
ep/37098

State of North Carolina
Department of Environment •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
Kerr T. Stevens, Director NORTH CARCUMA DEPARTMENT O
ENVIFZONMENT AND N..4ruR,AL RESOURCES
May 6, 1999
1 r� _C i
The Honorable R.C. Soles_
North Carolina Senate
Room 2022 Legislative Building
Raleigh,NC 27601-2808
Dear Senator Soles:
I appreciate your letter dated March 5 regarding the Division of Water Quality's (DWQ) oversight of
Carolina Bay Farms LLC owned by Mr. Pearlie Vereen. 1 assure you that this facility has not been
singled out for excessive inspection and enforcement. Our staff is trained to treat all facility operators
and owners with respect in order to foster a beneficial working relationship. However,we have needed to
spend additional time on this facility due to significant compliance problems.
Our records indicate that DWQ staff have visited this facility ten times in the last three years. This may
initially seem excessive however, citizen complaints initiated six of the visits, two were routine
inspections, one was a follow-up to a notice of violation and one was to accompany US EPA inspectors to
the site. Two of the complaint visits lead to civil assessments for discharging animal waste to waters of
the.state. The most recent routine DWQ inspection on January 25, 1999 indicates several areas of
improvement that were still necessary for the facility to be compliant with existing regulations. DWQ
will continue to work with Mr.Vereen while he takes the steps necessary to improve his environmental
compliance. If you have any further questions on this or any other matter, please do not hesitate to
contact me at(919) 733-7015 ext. 203.
Sincerely,
Kerr T. Stevens
cc: Richard Rogers
Rick Shiver
Coleen Sullins
3 50
P.O. Bost 29535, Raleigh,North Carolina 27626-0535 Telephone [phone] Fax [phone]
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AGENDA ITEM: Q-t0 Request for Remission of Civil Penalty by
Carolina Bay Farms, LLC (DD 98-013)
Brunswick_County
EXPLANATION: On November 24, 1998, the Director, Division of
Water Quality, assessed a civil penalty of$5,508.64
($4,800.00 civil penalty and $708.64 investigative
costs) against Carolina Bay Farms, LLC for
violation of G.S. 143-215.1. The civil penalty
assessment represents 48 percent of the maximum
allowed by G.S. 143-215.6A.
On December 22, 1998, Carolina Bay Farms, LLC
requested remission and waived Carolina Bay
Farms, LLC right to an administrative hearing and
stipulated that the facts were as alleged in the
assessment document.
RECOMMENDATION: The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director considered information
submitted in support Carolina Bay Farms,
LLC request for remission of civil penalties
in accordance with G.S. 143-215.6A(f) and
his delegation provided by the secretary and
did not find grounds to modify the
assessment.

e
State of North Carolina
Department of Environm E1%TED •
1W
and Natural Resources
Division of Water Quality AUG 2;f
B
James B. Hunt,Jr., Governor CDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens,Director ENVIRONMENT ANo NATURAL RESOURCES
August 20, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Pearly Vereen
Carolina Bay Farms, LLC
2551 Exum Road NW
Ash,NC 28420
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Carolina Bay Farms,LLC
Brunswick County
Case Number DD 98-013
Dear Mr. Vereen:
Your request for remission has been placed on the agenda for the September 9, 1999
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Lawson
Room of the Sheraton Grand New Bern, located at 100 Middle Street in New Bern,North
Carolina(see enclosed directions). You should arrive no later than 11:30 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b) were wrongly
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
Mailing Address: Telephone[phone] Location:
1617 Mail Service Center Fax[phone] 512 N.Salisbury St.
Raleigh,North Carolina 27699-1617 State Courier#52-01-01 Raleigh,NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50%recycled/10%post-consumer paper
http://`h20.enr.state.nc.us

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(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
civil penalty, or the entire penalty. The entire amount of the penalty can only be remitted when
the violator has not been assessed civil penalties for previous violations, and when payment of
the civil penalty will prevent payment for the remaining necessary remedial actions.
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in the matter is greatly appreciated. If you have any questions
concerning this matter,please call Steve Lewis of our Non-Discharge Compliance/Enforcement
Unit at(919) 733-5083, extension 539.
Sincerely,
��c� r
Kerr T. Stevens Director
Division of Water Quality
cc: Rirl� ki�L�TiTilm �crtnrt [17i � �� P
File DD 98-013
Central Files
1

f ,
DIRECTIONS
to the
1
SHERATON GRAND NEW BERN
From Raleigh, NC
From 1-40, follow Highway 70 East to New Bern. From Highway 70 East,
take the Trent Woods/Pembroke Road exit. Turn left at the stoplight at
the top of the exit ramp. Follow detour signs and tum right at the second
stop light onto Pollock Street. Follow Pollock Street for about 5-6 blocks
leading into downtown New Bern. Turn right onto Middle Street and go
down 2 blocks which leads into the Sheraton Grand parking lot.
From Greenville. NC
Follow Highway 43 South into Vanceboro. Highway 43 and Highway 17
merge together in Vanceboro. Once on the outside of Vanceboro, follow
Highway 17 South through Bridgeton and across the drawbridge. Once
crossing the drawbridge, turn left at the 3rd stoplight onto Middle Street.
Go down three blocks which leads into the Sheraton Grand parking lot.
From Wilmington, NC
Follow Highway 17 North to New Bern. Then follow Highway 70 East
towards Morehead City. Once on Highway 70 East, take the very next
exit (Trent Woods/Pembroke Road). Turn left at the stoplight at the top of
the exit ramp. Follow detour signs and turn right at the second stop light
onto Pollock Street. Follow Pollock Street for about 5-6 blocks leading
into downtown New Bern. Turn right onto Middle Street and go down 2
blocks which leads into the Sheraton Grand parking lot.
'These directions reflect an alternate route due to construction of the new
bridge.

State of North Carolina
Department of Environment 4 0 •
and Natural Resources
Division of Water Quality
RF IVE
James B. Hunt,Jr., Governor SEP 0 9 1999
CDENR
Bill Dolman,Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens,Director BY: VIFRONMENT AND NATURAL RESOURCES
September 3, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Pearly Vereen
Carolina Bay Farms,LLC
2551 Exum Road NW
Ash, NC 28420
RE: Request for Postponement of Remission
Hearing before Environmental Management
Commission
Carolina Bay Farms, Inc.
File#DD 98-013
Dear Mr. Vereen=
Per your request, your remission hearing before the Environmental Management
Commission has been postponed from September 9, 1999 to October 14, 1999. The October
meeting will be held in Raleigh. You will be notified of the new time and location.
Sincerely,
Steven C. Lewis
cc: Rick Shiver,Wilmington Regional Supervisor
File#DD 98-013
Central Files
Mailing Address: Telephone[phone] Location:
1617 Mail Service Center Fax[phone] 512 N.Salisbury St.
Raleigh,North Carolina 27699-1617 State Courier#52-0I-01 Raleigh,NC 27699-1617
An Equal Opportunity f Affirmative Action Employer
50%recycled J 1 Q%post-consumer paper
http:l/h20.enr.state.nc.us

NORTH CAROLINA DEPARTMENT OF
_ ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
F March 11 , 1999
fik
_£ CERTIFIED MAIL
"'JAMES B.HUNT JR.. RETURN RECEIPT REQUESTED
;'GOVERNOR
_'N�lt*-*
*r" Attu: Pearly Vereen
Carolina Bay Farms, LLC
:< = 2551 Exum Road NW
nr ° Ash,NC 28420
_ Subject: Request for Remission of
Civil Penalty Assessment
w PRE SYON HO11VJl Carolina Bay Farms,LLC
JR.,P.E.
[31REcrOR Brunswick County
Permit#: AWS 100021
. DD 98-013
Dear Mr. Vereen:
x I considered the information submitted in support of your request for
remission in accordance with G.S. 143-215.6A(f) and have not found grounds to
a modify the assessment of$5,508.64.
Should you choose to pay the penalty,you may tender payment to me at
' the letterhead address within 30 days of your receipt of this letter. Please make
checks payable to the Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on
Civil Penalty Remissions, which is comprised of members of the Environmental
Management Commission. The committee may consider such requests and render
? �;-
u �. final and binding decisions in these matters. You may argue your request before
? -
the committee and Division Staff will argue for full payment of the initial
assessment.
- Should you choose to present your request to the committee, please notify
me at the letterhead address on or before within 30 days of your receipt of this
Ietter. Your request will be scheduled to be heard on the agenda of the next
scheduled committee meeting and you will be notified of the date and time.
N .
.� P.O.BOX 29535,RALEIGH,NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.-SO%RECYCLE0110%POST-CONSUMER PAPER.

If a response is not received by the Division regarding this notice then your request will
be scheduled on the agenda for an upcoming committee meeting.
Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
A. Preston Howard, Jr. P.
cc: DWQ Wilmington Regional Office Supervisor
Enforcement File DD 98-013
Central Files

State of North CarolinaFRAFA Department of Environment 4 • �
and Natural Resources RECEIVED #.% R
Division of Water Quality
JAN 7 1998
James B. Hunt,Jr., Governor BY: __:�
Wayne McDevitt, Secretary CDENR
A. Preston Howard, Jr., F.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 31, 1998
Attn.: Pearly Vereen
2551 Exum Road NW
Ash, NC 28420
Subject: Remission Request of
Civil Penalty Assessment
Carolina Bay Farms Home Park .
Brunswick County
DD 98-013
Dear Mr. Vereen:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Si y,
Li Ca
ennis R. Ramsey, Assistant Chief
Non-Discharge Branch
Cc: Wilmington Regional Office w/attachments
Enforcement File#DD 98-013
Shannon Langley w/3 attachments
Central Files
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] Fax [phone]
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DEC 2 8 1998
QLA..l7-y
SECTION

IN THE MATTER OF CAROLINA BAY FARMS
FILE NO. DD 98-013
REQUEST FOR REMISSION OR MITIGATION
On April 13, 1998,the date of the alleged offense,I,Pearly Vereen,had been applying animal
waste, as properly permitted pursuant to Carolina Bay Farms approved Waste Utilization Plan. The
field over which I was applying the waste is approximately 100 acres in area. I had pulled out the
spray reel twice over two separate areas of the field, each being serviced by a different spray head,
that morning and had applied the animal waste in accordance with the Waste Utilization Plan so that
no ponding or runoff occurred as a result. After the reel had completed rewinding from the second
application, I moved the spray reel to a third spray head and pulled out the reel to apply waste to an
area of the spray field that had not been used for waste application for at least two days prior to that
time. I then started the waste application and left the spray field to tend to other matters on the farm.
Shortly after leaving the spray field I met Brian Wrenn and another person,who I believe also
worked with the Division of Water Quality. Mr. Wrenn informed me that he wished to perform an
inspection of Carolina Bay Farms facilities and requested that I meet with him at the farm office so
that he could review various farm related documents. My meeting with Mr. Wrenn at the farm office
lasted approximately an hour to an hour and a half, After completing his review of the requested
documents,Mr.Wrenn accompanied me on a drive around the farm facilities. While touring the farm,
we drove to the area of the spray field where I was applying the animal waste. At that time I noticed
that the spray reel had not traveled across the spray field as far as it should have in the time period
from when I started the application to when I returned to the spray reel with Mr. Wren.
As we approached the spray reel we noticed ponding which had occurred due to the continuos
application of waste to a limited area because of the failure of the spray applicator to reel itself back
in. We also noticed runoff beginning to enter into a drainage ditch beside the field. I immediately
turned offthe valve to prevent any additional waste application and went to one of the farms shelters
and returned with a tractor and plow attachment. I then used the plow to cut a channel to prevent
any further runoff from exiting the field into the drainage ditch. Based upon the relatively minor
amount of discoloration which I observed occur in the drainage ditch, it appeared that very little
waste actually reached the ditch.
Upon later inspection of the spray applicator I noticed that a set screw was not properly in
place. Apparently the screw had held in place during the applications that morning,but slipped during
the third application. I have attached a copy of a receipt from V &M Supply Co. showing where I
had them to replace the gear box on the spray applicator on April 11, 1998,just two days before this
incident occurred. I did not apply any waste on April 12, 1998, so therefore the first time which I
had used the spray applicator with the new gear box was on April 13, 1998. I did not have any prior
knowledge or reason to expect that the set screw might slip during the application process.

On behalf of Carolina Bay Farms I respectfully request that the civil penalty of$4,800.00
assessed by the Division of Water Quality be remitted or mitigated on the following grounds:
• The was very little, if any, harm to the natural resources of the State, to the public
health, or to private property as a result of the alleged violation.
• Steps were taken immediately to remedy the situation and the duration and gravity of
the alleged violation were both minimal.
• The effect on ground or surface water quantity or quality or on air quality was
minimal or nonexistent.
• There is no indication that the alleged violation was intentional. Furthermore, there
does not appear to have been any negligence on behalf of Carolina Bay Farm's staff.
Any allegation that Carolina Bay Farms failed to properly monitor the spray applicator
is offset by the fact that the farm manager, who was responsible for performing the
monitoring,was meeting with Division of Water Quality staff at the time the incident
occurred.
• As to the prior record of Carolina Bay Farms in complying or failing to comply with
programs over which the Environmental Management Commission has regulatory
authority, Carolina Bay Farms has been cited for one prior alleged violation. An
Administrative Hearing was conducted in regards to that alleged violation during mid-
October, 1998. As of this date no decision has been rendered in regards to that
alleged violation.

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF112�5W Ck
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERM IT NO. ) STIPULATION OF FACTS
FILE NO. " g 8 -013
Having been assessed civil penalties totaling �t�8CJ0 • o d for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated. 11- - 9S , 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 30 days of receipt of the notice of
assessuicia. No new evidence in support of a remission request will be allowed alter 30 days from
receipt of the notice of assessment.
This the day of AC4,0"10er 19 fr..
SIGNATURE
ADDRESS
TELEPHONE
Cft) A8-7- 511'7,'

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Apr- 15-98 07 : 22A Envir©chem 910 392 4424 P . 01
Environmental Chemists, Inc.
MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
P.O.Box 1037 [phone](Office) 6602 Windmill Way
Wrightsville Beach, [phone](Lab) Wilmington,
CONSULTING North Carolina 2848D (910)3924424(Fax) North Carolina 28405
CHEMISTS NCDEUNR:DWQ CERTIFICATE#W,DLS CERTIFICATE#37729
Customer:
NCDEHNR-DWQ Date of Report
127 N. Cardinal Drive Ext.
Wilmington,NC 2W'-9 Purchase Order#.
Attn: Rick Shiver
Brian Wrenn Report Number: 8-1092
REPORT OF ANALYSIS
Date Sampled: 04/13/98 Report To: Rick Shi4cr
Sampled By: Brian Wrcun Copy To: Brian Wrenn
STREAM: 10-21
PARAMETER Sample ID 10-21 10-21 10-21
1 Fee/1 Nut 2 Fee/2 Nut 3 Feel 3 Nist
Lab [D #2394 #2395 #2396
Fecal Coliiorm,colonies/100m] 00 D00 90) 909 -Y`)0
Nitrate+Nitrite Nitrogen,NO.4+ NOz- N mg/L
Ammonia Nitrogen. NH,-N, mg/L
Total Kejeldahl Nitrogen.TKN ing/L cf 1 !
Total Phosphorus.P mg/L
Reviewed b and approved for release h clien .
y pp oto t

Apr-15-96 07 : 22A iEnv i r achem 910 392 4424 P.01
EnVIro nmental Chemists, Inc.
MAIUM ADDRIM: T F. ONE: SHIPPIKO ADDRFSS:
P.O.Box 1037 [phone](Office) fiW2 Windmill Way
Wrightsville Beach, [phone]%Ab) Wilmin`tun,
CONSULTING Nedh Carolina 28491) (910)392A424(Pax) ►ooh Carolina 2PA5
CHEMISTS NCDB :pW CERTI�CATE 0%.DLS CERTIFICATE#3772q
Customer:
NCDEHNR-DWQ Dale of Report
127 N. Cardinal Dri►rc Ext,
Wilmington,NC 28405 Purchase Order!#:
Attn: Rick Shiver
Brian Wrenn Report Number: 8-1092
P F LY IS
RE QRT AK�t S
Date Sampled: 04/13/98 Report]'a: Rick Shiver
Sampled By: Bridle Wrenn Copy To: Brian Wrenn
STREAM: 10-21
PARAMETER Stemple ID 10-21 10-21 10.-21
i Fec/1 Nut 2 Fec/2 Nut 3 Ftc/3 Nut
Lab 1D ##2394 #2395 #23%
Fecal Califorrn,coloniesll00t1dit1 ( qo1 q0q
Ntrate+Nitrite Nitrogen, NOa+ NO2-N mg/L V(J
Ammonie Nitrogen,NH3-N, mg/L
Total Kejeldahl Nitrogen,TKN mg/L
Total Phosphorus,P mg/L
Reviewed by and approved for release to the client.

ENVIRONMENTAL CHEMISTS. INC 6602 Windmill Way
envirochem Wilmington, NC' 28405
S ample Collection and Chain of Custody Phone: [phone]
FAX: [phone]
Client: D.E.H.N.R WILMINGTON REGIONAL OFFICE
Collected By: Report No:
Sam 1tji e: Influent, E lluent, WcIL , 'Soil, Other:
SAMPLE COLLECTION MOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE I TIME ID ID NONE II2SU HNO, Na0II TIIIO OTHER
16-71 , 1wGG �/K rce - ( CC+
4/r (�' 9 Nvt �c •',
4�t3 ce �c
Maximum Holding Time Between Collection and Analysis: BOD 48 Hours, Coliform in Wastewater 6 !lours,
Coliform in Drinking Water 30 hours,
Transfer Relinquished By: Datel'l'ime Received By: Date/Time
1
2
1 1 v — . I i
Received with icOV,,Vter +Ch' le t 4°C: Yes No Ae epted:� Rejected:
Delivered Bar: Received 1W. .._ Date: fame:
Comments:

1 --98 11 : 36 Envirachem 910 392 4424 P . 01
Environmental Chemists, Inc.
envirochem
&L� i��@ 6602 WlndmiLL Way 910-392-0223 Phone
CnNsULr+NG Wi Lmington, NC 28405 910-392-4424 Fax
WFEMIM
FAX TRANSMITTAL
Date:� � �C-.
To: �' { �Co-) Company: �A uo( t-4 I\ t2 _
Fax #: _ -)�. L� �i. 1 No. of Pages
to Follow:
' yam
Frarn: 'llL t 1C�C�-� @ ENVIROCHEM
Message: �r(( 1",y. r 1t~'���,1 l+J
PARAMETER Sample ID 10-21 � 10-21 10-21
1 Fec/ 1 Nut 2 Fec 12 Nut 3 Fecl 3 Nut
Lab ID 42394 42395 92396
Fecal Coliform,colonies/100m1 200,000 190,909 450
Nitrate+ Nitrite Nitrogen, NO3+ NO2- N mg/L 0.20 0.31 0.40
Ammonia Nitrogen, NH3-N, mg/L 252 132 2J9
Total Kejeldahi Nitrogen,TKN mg/L 319 177 3.08
Total Phosphorus,P mg/L 41.1 225 0.32
Reviewed byl � � and approved for release to the client.

EN VI Rt3NNI EWA L CH EI IISTS, INC 6602 Windmill W;tv
C k, envirochem ; 'Wilmington, N(7 28*15
0 ® Sample Collection and Chain of Custody Phone: [phone]
a TAX: [phone]
Client: D.E.H.N.R WILMINGTON REGIONAL OFFICE
Collected By: ri�-Y% L-- I4-hn Report No: L; i10 Ci ate—_
Sam le 'I' e: Influent, Effluent. Well a u}t Soil, ()titer:
SANTPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDl N'rIF1CATION 1 DATE TIME ID 1D NONE IIZ50, HlV(}, N&01I T1110 OTHER
d _
16-71 1 Vet- � ICa;G 1 re< <-{ ! V `LC cc
C�
0
o 'l ��� 4�11 t61.01T "L rtc- � ice �c
(35 IJp�{ ? 1tiklr 4S f D$ ;h
to .Z' 3 5CL, c;3
At
E
N
t
U
Maximum holding Time Between Collection and Analysis: ROD 48 Hours, Coliform in Wastewater 6 llaurs,
Coliform in Drinking Water 30 flours,
w Transfer Relinquished By: Date/Time Received By: Date/Time
m 1
co Received Nvith IcoVater Ch' e t 4°C: Yes Nn 11c cited. Rejected:Delis Delivered 13�r: ,.� Received 13y: - Date: " c"' 'Time: �GlI
Comments- �

04/15/1998 14:23 9102873210 PAGE 01
rt
2551 VXUM RD. N W.
A'4 i, Nc 2842o
1910) 267-5474
FAX SHM INFORMATION
TO: -
�`�
FROM: /:�?
CQnwrlxlt e;
/ "Cd
Number of pages: (�
I

State of North Carolina
Department of Environment
and Natural Resources �r
Wilmington Regional Office
.Tames B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NceTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAruRAL RESOURCES
August 19, 1998
MEMORANDUM
TO: Dennis Ramsey, Environmental Supervisor
Water Quality, Non-discharge Branch
FROM: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Carolina Bay Farms, LLC
Carolina Bay Farm
Facility Number: 10-21
Brunswick County
Attached please find the subject enforcement report which was prepared by Mr. Brian
L. Wrenn of the Wilmington Regional Office. The report concludes that Carolin Bay Farms,
LLC violated Title 15A NCAC 2H .0217 and G.S. 143-215.1, by making an outlet to waters
of the State without the appropriate permit.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS
143-215.6A (a)(6).
If you have any further questions, please contact me at 910-395-3900.
ATTACHMENTS
blw :10-21.mem
cc: Wilmington Regional Office
127 North Cardinal Dr.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10% post-consumer paper

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
File No. DD
IN THE MATTER OF
CAROLINA BAY FARMS, LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Bay Farms, LLC owns and operates the Carolina Bay Farm, a swine
animal operation along SR 1340 in Brunswick County.
B. Carolina Bay Farms, LLC's farm was permitted as a nondischarge facility on June
9, 1997 in accordance with 15A NCAC 2H .0217.
C. On April 13, 1998, DWQ staff observed excessive ponding and runoff of animal
waste due to over application. Animal waste was observed discharging into Leonard
Branch at two separate points. Leonard Branch is a tributary of Juniper Creek in
the Lumber River Basin.
D. Carolina Bay Farms, LLC had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $708.64.

Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Carolina Bay Farms, LLC is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. Leonard Branch within the Lumber River Basin constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above-cited discharge is a violation of the nondischarge permit.
E. Carolina Bay Farms, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S_ 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by
G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms, LLC is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 708.64 Enforcement costs
$ TOTAL AMOUNT DUE

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

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
IN THE MATTER OF ) File No. PC
CAROLINA BAY FARMS,LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITION ) AND ASSESSMENT OF
OF ANIMAL WASTE PERMIT NO. ) CIVIL PENALTIES
AWS100021 BY FAILING TO PREVENT )
THE DISCHARGE OF ANIMAL WASTE )
TO WATERS OF THE STATE )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I,A. Preston
Howard, Jr.,P.E.,Director of the Division of Water Quality(DWQ),make the following:
I. FINDINGS OF FACT:
A. Carolina Bay Farms,LLC owns and operates Carolina Bay Farm, a swine operation
along SR 1340 in Brunswick County.
B. Carolina Bay Farms, LLC was issued Animal Waste Permit No. AWS100021 on
June 9, 1997, effective on that date,with an expiration date of December 31,2001_
C. Condition No. 1 of the "Performance Standards"of the issued permit requires"The
animal waste collection,treatment, storage and transmission system permitted under
this permit shall be effectively maintained and operated as a non-discharge system to
prevent the discharge of pollutants to surface waters,wetlands, or ditches"
Condition No. 4 of the"Operation and Maintenance Requirements" requires"The
plant available nitrogen application rates and hydraulic loading rates, identified in
the CAWMP, shall not be exceeded."

D. DWQ staff of the Wilmington Regional Office inspected Carolina Bay Farm on
April 13, 1998. Staff observed excessive ponding and runoff of animal waste due to
over application in spray pulls#32 and 433. The runoff was discharging into
Leonard Branch at two separate points. Leonard Branch is a tributary of Juniper
Creek in the Lumber River Basin.
E. The costs to the State of the enforcement procedures in this matter totaled
$100.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms, LLC is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Animal Waste Permit No. AWS100021 is required by G.S. 143-215.1.
C. Carolina Bay Farms, LLC violated condition No. 1 of the "Performance Standards"
and condition No. 4 of the "Operation and Maintenance Requirements" of Animal Waste
Permit No. AWS 100021.
D. Carolina Bay Farms, LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2)which provides that a civil penalty of not more than ten thousand dollars per
violation may be assessed against a person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h),has the authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION:
Carolina Bay Farms,LLC is hereby assessed a civil penalty of:
$ for violating condition No. 1 of the "Performance Standards"and
condition No.4 of the"Operation and Maintenance Requirements" of
Animal Waste Permit No. AWS 100021 by the over application of
waste which resulted in excessive ponding and runoff of animal
waste to waters of the State.
$ TOTAL CIVIL PENALTY,which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 100.00 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I
considered the factors listed in G.S. 14313-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E. Director
Division of Water Quality

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
File No. WP
IN THE MATTER OF )
CAROLINA BAY FARMS, LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S,) 143-215.5A, 1, A. Preston
Howard, Jr., P-E., Director of the Division of Water Quality(DWQ), make the following:
L FINDINGS OF FACT:
A. Carolina Bay Farms, LLC owns and operates Carolina Bay Farm, a swine animal
operation along SR 1340 in Brunswick County.
B. Carolina Bay Farms, LLC's farm was permitted as a nondischarge facility on June
9, 1997 in accordance with 15A NCAC 2H .0217.
C. On April 13, 1998,DWQ staff observed excessive ponding and runoff of animal
waste due to over application in spray pull#32. Animal waste was discharging into
Leonard Branch at two separate points. Leonard Branch feeds Juniper Creek in the
Lumber River Basin,
D. The cost to the State of the enforcement procedures in this matter totaled $100.00.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Carolina Bay Farms, LLC is a "person" within the meaning of G.S. 143-215,5A
pursuant to G.S. 143-212(4)
B. An animal waste management plan for this animal waste management system is
required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. Excessive ponding and runoff of animal waste due to over application resulting in
a discharge to waters of the State, is a violation of the animal waste management plan in
accordance with 15A NCAC 2H .0217(d).

D. Carolina Bay Farms, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided for by
G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms, LLC is hereby assessed a civil penalty of.
$ for failure to follow an approved animal waste management
plan in violation of 15A NCAC 2H .0217 by.-
- excessive ponding and runoff of animal waste due to
over application.
- discharging waste to waters of the State.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 100.00 Enforcement costs
$ TOTAL AMOUNT DUE

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

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Complete items 3,4a,and 4b. Aso Wish t0 receive lfle
■
m ■Print your name and address on the reverse of this form so that we can return this follawirtg services(for an
card to you. extra fee):
•Attach this form to the frond of the maiilpiece°or on the bark if space does not g
i permit. 1. ❑ Addressee's Address
a ■Write'Return Receipt Requested'on the mailpiece below the article number.
•The Return Receipt will show to whom the article was delivered and the date ❑ ReStriC#ed Delivery A.
I c delivered.
C Consult postmaster for fee.
3. rticle Addressed to: 4a.Article Number
i u � 4b.Service I ype
❑ Registered
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❑ Express Mail ❑ Insured �
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7.Date of Delivery
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Ps Form 3811, December 1994 10259797-8-o179 DOMestiC Return Receipt

State of North Carolina
Department of Environment i •
and Natural Resources
Wilmington Reg omal Office
James B. Hunt, Jr., Governor
NCE)ENF1
[�
NOR A.CROLINA DEPARTMENT OF
Wayne McDevitt, Secretary ENVIRONMENT AND NATURAL RESOURCES
June 4, 1998
CERTIFIED MAIL Z 312 646 316
RETURN RECEIPT REQUESTED
Mr. Pearly Vereen
Carolina Bay Farms,LLC
2551 Exum Road N-W.
Ash,NC 28420
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Carolina Bay Farms, LLC
Ash,N.C_
Brunswick County
Dear Mr. Vereen:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering
submittal of a recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation of Title 15A of the North Carolina Administrative Code,Chapter 2,Subchapter
2II,Section.0217(d). On March 18, 1998,staff from the Wilmington Office of the Division of Water Quality inspected
your animal operation and the lagoon(s) serving this operation. Excessive ponding and runoff of animal waste was
observed due to over application to spray pull#32. The runoff was discharging into Leonard Branch which feeds Juniper
Creek of the Lumber River Basin.
If you have an explanation for this violation that you wish to present,please respond in writing to me within ten
(10)days after receipt of this Notice.Your explanation will be reviewed and if an enforcement action is still deemed
appropriate,your explanation will be forwarded to the Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please contact Mr. Brian L. Wrenn, or myself at the
Wilmington Regional Office at(910)395-3900.
Si rely,
Rich Shiver,P.G.
Regional Supervisor
cc: Compliance Section
Wilmington Files
S:1WQSIBRIAN W1ENF98110-21-2.ROE
127 North Cardinal Dr.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper

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OA- 5 . 3

State of Forth Carolina
• Department of Environment •
and Natural Resources ICED
Division of Water Quality
�` CO2 IM
James B.Hunt,Jr., Governor i BY:
CDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., F.E.,Director ENVIRONMENT AND NATURAL RESOURCES
November 25, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Pearly Vereen
Carolina Bay Farms, LLC
2551 Exum Road NW
Ash,NC 28420
SUBJECT: Assessment of Civil
Penalties for Violation(s)
and G.S 143-215.1
Brunswick County
File No. DD 98-013
Dear Mr. Vereen:
This letter transmits notice of a civil penalty assessed against Carolina Bay Farms,LLC in
the amount of$5,508.64 including$708.64 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice,you must do one of the following:
L Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Please submit payment to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh,North Carolina 27626-0535
OR
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

f
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this
office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
28 2.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section CWefIDWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Please note that all information presented in support of a request for
remission must be submitted in writing_ The Director of the Division of
Water Quality will review the information during a bimonthly enforcement
conference and inform you of his decision in the matter of the remission
request. His response will provide details regarding case status and
provision for further appeal to the Environmental Management
Commision's Committee on Civil Penalty Remissions. Please be advised
that the Committee cannot consider information that was not part of the
original remission request considered by the Director and therefore, it is
very important that you prepare a complete and thorough statement in
support of your request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must: '

i
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand-deliver a Copy of the petition to:
Dan McLawhorn
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611
Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in
this matter being referred to the Attorney General's Office with a request to initiate a
civil action to collect the penalty. Please be advised that additional assessments may be
levied for future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at (919) 733-
5083, extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document. 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 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
receipt of the notice of assessment.
This the day of , 19_.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF BRUNSWICK
File No. DD 98-013
IN THE MATTER OF )
CAROLINA BAY FARMS,LLC )
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE } AND ASSESSMENT OF
WATERS OF THE STATE OF } CIVIL PENALTIES
NORTH CAROLINA }
WITHOUT A PERMIT
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, A. Preston Howard, Jr., Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Bay Farms, LLC is a corporation organized and existing under the laws
of the State of North Carolina.
B. Carolina Bay Farms, LLC owns and operates Carolina Bay Farms, LLC, a swine
animal operation along SR 1340 in Brunswick County.
C. On April 13, 1998, DWQ staff observed excessive ponding and runoff of animal
waste due to over application. Animal waste was observed discharging into
Leonard Branch at two separate points. Leonard Branch is a tributary of Juniper
Creek which are Class "C-Sw" (Swamp) waters Of the State within the Lumber
River Basin.
D. Carolina Bay Farms, LLC had no valid permit for the above-described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $708.64.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms, LLC is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Leonard Branch constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.l(a)(1), for which a permit is required by G.S. 143-215.1.
E. Carolina Bay Farms, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms, LLC is hereby assessed a civil penalty of:
$ " ` g6o for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$k so o TOTAL CIVIL PENALTY, which is 'k_percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 708.64 Enforcement costs
$ 5S b$. fad 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.143 B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard,Jr.,P.E., Director
Division of Water Quality

4
State of North Carolina
Department of Environment
r A
and Natural Resources A&IV 0
Wilmington Regional Office '4�.M
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary Nc>R H CA.ROLINA (DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 19, 1995
MEMIORANDLTN1
TO: Dennis Ramsey, Environmental Supervisor
Water Quality, Non-discharge Branch
FROM: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
ZIP
SUBJECT: Enforcement Report
Carolina Bay Farms, LLC
Carolina Bay Farm
Facility Number: 10-21
Brunswick County
Attached please find the subject enforcement report which was prepared by Mr. Brian
L. Wrenn of the Wilmington Regional Office. The report concludes that Carolin Bay Farms,
LLC violated Title 15A NCAC 2H .0217 and G.S. 143-215.1, by making an outlet to waters
of the State without the appropriate permit.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS
143-215.6A (a)(6).
If you have any further questions, please contact me at 910-395-3900.
ATTACHMENTS
blw :10-21.mem
cc: Wilmington Regional Office
127 North Cardinal Dr.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

-State of North Carolina
Department of Environment,
Health and Natural Resources " f `
Wilmington Regional Office
Division of Water Quality =
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.P., Director
May 9, 1997
e CERTIFIED MAW-P-057-LO82 S25
RETURNi RECEIPT REOMTED-
Mr. Milton ward
2551 Exum Road
Northwest, North Carolina 28420
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Carolina Bay Farm
Exum, N.C.
Brunswick County
Dear W. Ward:
This letter is to notify you that the Wilmington Regional Office of the Division of Water
Quality is considering submittal of a recommendation for enforcement action to-the Director of the
Division of Water Quality. The recommendation concerns violations of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). On March 20, 24, and 25, 1997,
staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and
the lagoon(s) serving this operation. Discharges of wastewater were observed due.to over-application,
excessive ponding and runoff from a spray field which had entered into the highway right of way ditch
of NCSR 1340 and continued into an unnamed tributary leading to Juniper Creek and the Green Swamp,
both "C-Swamp" waters of the state. In addition, it was found that no certified "Operator in Charge"
existed for this operation. All of these incidents were due to separate spray application events over
several days and are violations of the animal waste rules and your certified waste management plan.
If you have an explanation for this violation that you wish to present, please respond in
writing to me within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if
an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with
the enforcement package for his consideration.
If you have any questions concerning this matter, please contact Mr. David Hql ger, or
myself at the Wilmington Regional Office at [phone].
Sincerely,
i
Rick Shiver, P.C.
- cc: Compliance Section Regional Supervisor,
- Wilmington Files ona _
rin D -= _- v-
� .i27---Cadalrive
-- - --- -�Exfension, Wilmington, N.C.- 28405-3845.s Telephone [phone] • Fax [phone]
- - i An Equal Opportunity Affirmativee Aaff`ori Employer

State of North Carolina
TC0r*WA
Department of Environment IT4 # w
and Natural Resources ►
Wilmington Regional Office
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary Nam'i CARoLlt-LA aF-PARTME:hrr of
ENVIRONMENT AND NAruRA1. RESOURCES
April 21, 1998
CERTIFIED MAIL#Z 312 648 758 �
RETURN RECEIPT REQUESTED
Mr. Pearly Vereen
Carolina Bay Farms, LLC
2551 Exum Road NW
Ash,NC 28420
i
Subject: Notice of Violation
Carolina Bay Farms, LLC
Farm Number: 10-21
Brunswick County
Dear Mar. V,;reen:
You are hereby notified that Carolina Bay Farms,LLC,which has been permitted to have a
nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217 and G.S
143,215.1, has been found to be in violation of its Animal Waste Permit.
On April 13, 1998, staff from the Wilmington Regional Office of the Division of Water
Quality inspected your animal operation and the lagoon(s)serving this operation. Excessive ponding
and runoff of animal waste was observed due to over application in spray pull 436. Animal waste
was discharging into Leonard Branch at two separate points. Leonard Branch feeds Juniper Creek
in the Lumber River Basin.
The Division of water Quality may proceed to revoke Carolina Bay Farms, LLC's permit
unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater andlor list actions to correct the noted
violation.
2. Make any and all modifications needed to ensure there will be no future discharges.
I27 North Cardinal Dr.;Wilmingtop,-YorfIi CaroTna 2840!-� -- -Telephone [phone]�FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled]10% post-consumer paper

Mr. Pearly Vereen
April 21, 1998
Page 2
In addition, animal waste from the past discharge into the ditch adjacent to spray pull #26
should be blocked and pumped back on to drier areas of the spray field. The outer dike walls of the
lagoon should be mowed. Bare areas on the inner dike wall should be re-seeded. The spray fields
should be improved (sub-soiled, aerated, etc.) to allow for better infiltration of the applied waste.
The fescue crop in spray pull #36 should be improved. An IRR-2 form should kept for the entire
growing season of a crop.
To remain a deemed permitted facility,you must notify this office in writing within seven
(7) days of the receipt of this notice, what actions will be taken to comply with your waste
management plan. Failure to comply with the above conditions will cause the existing animal waste
management system serving your animal operation to be considered in operation without a permit
as required by North Carolina General Statute 143-215.1.
Please be advised that this assessment does not prevent the Division of Water Quality froze
taking enforcement actions for this violation or any past or future violations.
When all required corrective actions are complete, you must notify this office in writing. If
you have a* questions concerning this matter please do not hesitate to contact either Mr. Brian L.
Wrenn, of our Wilmington Office at(910)-395-3900 or Mr. Shannon Langley at(919) 733-5083,
ext. 581.
Sincerely,
Rick Shiver,P.G.
Regional Supervisor
attachments
cc: Mamie Wilson, Brunswick County Soil and Water Conservation
Brian Gannon,NC DSWC
Jimmy Vinson, Brown's of Carolina
DWQ Operations Branch File
Wilmington Files
SAWQS1BR1AN W\ENF98110-21.N0V

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
File No. DD
IN THE MATTER OF
CAROLINA BAY FARMS, LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
I
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Bay Farms, LLC owns and operates the Carolina Bay Faun, a swine
animal operation along SR 1340 in Brunswick County.
B. Carolina Bay Farms, LLC's farm was permitted as a nondischarge facility on June
9, 1997 in accordance with 15A NCAC 2H .0217.
C. On April 13, 1998, DWQ staff observed excessive ponding and runoff of animal
waste due to over application. Animal waste was observed discharging into Leonard
Branch at two separate points_ Leonard Branch is a tributary of Juniper Creek in
the Lumber River Basin.
D. Carolina Bay Farms, LLC had no valid permit for the above described activity-
E. The cost to the State of the enforcement procedures in this matter totaled $708.64.

Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Carolina Bay Farms, LLC is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. Leonard Branch within the Lumber River Basin constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above-cited discharge is a violation of the nondischarge permit.
E. Carolina Bay Farms, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by
G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms, LLC is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 708.64 Enforcement costs
$ TOTAL AMOUNT DUE

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

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: Carolina Bay Farms, LLC
Contact Person: Pearly Vereen
Address:2551 Exum Road N.W.Ash,NC, 28420
Facility Name:Carolina Bay Farm
Facility#: 10-21
Receiving Stream and Classification: Leonard Branch of the Lumber River Basin,Class "C-Swamp"waters
Regional Office: Wilmington
Inspector/Report Prepared By: Brian Wrenn
Registered Agent: (if applicable)
Address: (if applicable)
Case 'Narrative: On April 13, 1998, in response to a complaint,Mr. Brian Wrenn of the Division of Water Quality(DWQ)
inspected the referenced facility. Excessive ponding and runoff of animal waste was observed due to over application in spray
pull#32. The runoff was discharging into Leonard Branch at two separate points. Leonard Branch which are class"C-Swamp"
waters of the State is a tributary of Juniper Creek in the Lumber River Basin. Mr. Wrenn inspected the farm at approximately
2:25 pm. At the time of the inspection, the lagoon had 19 inches of freeboard, and Mr. Vereen was applying waste. Large
puddles of waste were observed in spray pulls 426, #28, 932, and 933 (see attachments). Evidence of a past discharge was
discovered in a field ditch adjacent to spray pulls#26 and#28. Puddles of waste were observed in the field ditch;however,there
was no direct discharge to surface waters of the State. Mr. Wrenn advised Mr.Vereen to block the puddles to ensure no future
discharges,and to pump the waste out of the ditch and on to drier areas of the spray fields. The discharges to Leonard Branch
were discovered at approximately 3:50 pm. Mr. Vereen was asked to stop the waste application at this time. The waste was
flowing from spray pulls#32 and 433,through a fescue buffer zone approximately 268 feet wide, and discharging into Leonard
Branch at two separate points. Mr. Vereen originally stated that the last spray pull was from hydrant#36. However,after Mr.
Wrenn reviewed the field map,it was determined that the last spray pull was actually from hydrant#33. The combined discharge
flow rate into Leonard Branch was estimated at 0.2 gallons per minute or 12 gallons per hour. Mr. Vereen was advised to block
the discharges to surface waters of the State and to contain the waste to prevent future discharges. Mr_ Wrenn feels that the hard-
packed condition of the spray fields contributed to the excessive ponding and runoff of animal waste that resulted in the
discharges. Mr. Wrenn suggested improving the spray fields to increase the infiltration rate during waste application (e.g.
aeration,sub-soiling,etc.). Water Quality samples were taken from a ponded area in the fescue buffer zone and from the most
downstream point of the discharges in Leonard Branch at approximately 4:05 pm. A third Water Quality sample was taken from
Leonard Branch downstream from the discharge points at the intersection with SR 1340. Mr_ Vereen began the clean up
procedures while Mr.Wrenn was on site. Mr.Jimmy Vinson of Brown's of Carolina was contacted in regards to the discharge.
On April 28, 1998, Mr.Vereen informed Mr. Wrenn that he had discovered a loose set screw in a newly installed-ear box on
the reel. Mr. Vereen stated that this loose set screw caused the reel to operate at a slower rate than intended, causing the excessive
ponding and runoff. It would seem that if Mr.Vereen was using due care, he would have recognized the problem after the first
spray pull. Records indicated that the three previous pulls,all lasted for 90 minutes. However,the reel and spray gun had been
operating for over 100 minutes when Mr. Wrenn asked Mr.Vereen to discontinue the ongoing spray pull. At that point the spray
gun had only covered approximately half the spray run. This would indicate that either the problem developed betv.reen spray
pulls, or that Mr.Vereen is keeping inaccurate records. If the problem did indeed develop between the last two spray pulls,
that still does not explain the excessive ponding, runoff, and discharge from the previous three pulls. On April 28, 19987 Mr.
Wrenn returned to the facility to monitor the progress of the clean up procedures. At this time, Mr. Wrenn observed that Mr.
Vereen had begun to subsoil the spray fields to improve the infiltration rate during waste application. The clean up procedures
for the discharge were mostly completed during the inspection on April 13, 1998.

Farm and/or Company Compliance History: Include a copv of CAFO Designation letters. previous NOV=s.NOR=s,
previous civil assessments. etc.
The referenced facility was issued a Notice of Violation on March 31, 1997 for failure to designated a certified operator in
charge. On September 28, 1997,the referenced facility was assessed $6„912.61 for making an outlet to surface waters of the
State.
Amount of Waste Discharged (If applicable). If amount cannot be estimated,what is the rate of flow reaching surface
water:
Waste application records supplied by Mr. Vereen indicate that waste was applied on April 13„ 1998 to spray pulls#32 and
433. Waste application occurred from 12:00 until 3:50 pm for pulls#32 and#33 respectively, for a total application of
28,000 gallons. Mr. Wrenn began inspection of the farm at approximately 2:25 pm. Mr. Vereen was applying waste at the
time of the inspection. Mr. Wrenn discovered the discharge at approximately 3:50 pm. Mr. Vereen was asked to stop the
C.
waste application at this time. The combined flow rate of the discharges was estimated at 0.2 gallons per minute or 12
gallons per hour to Leonard Branch.
Sample Results(If applicable)with locations of samples taken noted in relation to discharge point:
The results from the three samples taken on April 13, 1998 at the Carolina Bay farm are as follows(see attachments):
Sample Point#I Sample Point#2 Sample Point#3 j
Fecal Coliform 200,000 col./100mL 190,909 col./100mL 450 col./100mL
Ammonia Nitrogen, 252 mg/L 132 mg/L 2.59 mg/L
NH3-NTKN 319 mg/L 177 mg/L 3.08 mg/L
NO3 +NO2 0.20 mg/L 0.31 mg/L 0.40 mg/L
Tota! P 41,1 mg/L 22.5 mg/L 0.32 mg/1.
Violator's de}ree of cooperation (including efforts to prevent or restore) recalcitrance:
On April 13, 1998, Mr. Vereen was advised by Mr. Wrenn to block the discharges and to contain the waste to prevent future
discharges. Mr. Wrenn also advised Mr. Vereen to make improvements to the spray field to facilitate the infiltration of waste
during application. The clean up efforts began and were nearly completed while Mr. Wrenn were on site. Mr. Wrenn
returned to the facility on April 28, 1998 to monitor the clean up procedures. Clean up procedures were completed, and Mr.
Vereen had begun sub-soiling the spray fields to improve the infiltration rate during waste application.
Fish kill observed? Y/N If v_es, include report from WRC:
Water quality impacts are docurnented in the chemical analysis. No other impacts were observed at the time of the
inspection.
Mitigating Circumstances:
None.
Recommendation:
The Wilmington Regional Office of the Division of Water Quality is recommending assessment of a civil penalty to the
Director of the Division of Water Quality, pursuant to G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form,pictures and site sketch of waste flow if
waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for enforcement. If
citing certified plan or permit condition violations, include copies of permit or plan.

i
Assessment Factors required to be considered by G. S. 143B-282.1fb1:
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:
Water Quality samples taken of the waste discharging into the Leonard Branch displayed fecal coliform bacteria levels
of up to 190,909 colonies per 100 mL. This represents levels over 954 times the assigned stream standard. Levels of
other constituents found were as follows:
Sample Point#1 Sample Point_r2 Sample Point 93
Ammonia Nitrogen,NH'-N 252 mg/L 132 mg/L 2.59 mg/L,
TIN 319 mc/L 177 and/L 3.08 mg/L
NO3 +NO2 0.20 mg/L 0.31 mg/L 0.40 mg/L
Total P 41.1 mg/L 22.5 mg/L 032 mg/L
2. The duration and gravity of the violation:
Waste application records supplied by Mr.Vereen indicate that waste was applied on April 13, 1998 to spray
pulls 932 and#33. Waste application occurred for 3 hours and 50 minutes for a total of 28,000 gallons. Mr.
Wrenn began inspection of the farm at approximately 2:25 pm. Mr.Vereen was applying waste at the time of
the inspection. Mr. Wrenn discovered the discharge at approximately 3:50 pm. Mr. Vereen was asked to stop
the waste application at this time. The combined flow rate of the discharges was estimated at 0.2 gallons per
minute or 12 gallons per hour to Leonard Branch.
3. The effect on ground or surface water quantity or quality:
The effects to groundwater and air were not documented. Water quality was impacted as determined by water
duality analysis.
4. The cost of rectifying the damage:
The cost to rectify the environmental damage cannot be easily estimated. The surface waters of Leonard Branch are
classified as Class"C-Swamp"waters of the State. Animal waste discharged into a receiving stream will degrade
water quality due to very high levels of pathogens(lE_ fecal coliform bacteria), ammonia,nutrients and other
dissolved oxygen reducing constituents.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance is not known. Carolina Bay Farm requires intensive management to
apply waste properly. The management time and costs are financially inexpensive.
6. Whether the violation was committed willfully or intentionally:
At the time of the inspection,the lagoon had 19 inches of freeboard. At that level,the structural integrity of the lagoon
was not in dancer and cannot be considered an emergency situation. Mr. Vereen willfully applied animal waste to the
spray fields.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
This facility was issued a Notice of Violation on March 31, 1997 for failure to designated a certified operator in charge.
On September 28, 1997 the facility was assessed$6,912.61 for making an outlet to surface waters of the State.

8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled$708,64,as follows:
Staff
Wrenn, 20.0 hrs. $354.00
Mileage (170 miles @$0.31 per mile) $ 52.70
Photography (film &Development) $ 5.94
Laboratory costs $196.00
Administrative costs $100,00
S:\WQS\BRIANW\ENF98\1 0-2 1-2B.ENF

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ff Carolina Bay Farm i
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Division of Soil and Water Conservation ❑Other Agency
13;Division of Water Quality
O Routine Complaint O Folluw-uE of DNVQ inspection O Follow-up of DSWC review O Other
Date of Inspection 3 4
Facility Number ! '',�
Time of Inspection } :6 " 24 hr.(hh:mm)
0 Registered A Certified ©Applied for Permit JlPermitted 1E3 Not Operational I Date Last Operated:
Farm Name: «..... _.__......... Countv:... a??3 '. JL»....«.
Owner Name:.........C a-J ulr........ . ...r Tex�x►�.........if..L,,�...................I............. Phone No: ..1r5I.A)».���..',`�.`�.........................................
Facility Contact: ... x'AX��. 1. .. «.....» .Title:.............................».... Phone No: «.,...........»«. ..«. ».
MailingAddress: -.:Z5�.1�.....Eft(�m...�..�......N.}�...«»--------------------»......,-........ ..;���s..�..f�.�r»......«...........»,........«»..... ,.. Z��Zc?»........
Onsite Representative:.._..,P,.Cta,F ..... 1144.4 .—.. . .,..__..,. «..._...-.-_....«».... Integrator:»...RG;wr.4_................»......................--.._........
Certified Qperator,. _, .------- L# tom. _ ---.._._..--. Operator Certification Number,.-tea� ----_......_.
Location of Farm:
....».»...... .«..� .... .... _.....»»......._.......»,... �
.......................... ............. .........«.................
«.. �
Latitude �• a7 ` 3 S " Longitude ®•' �` ®"
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
El Wean to Feeder ❑Laver 10 Dairy
❑Feeder to Finish I0 Non-Laver I
10 Non-Dairy
�23 Farrow to Wean
❑Farrow to Feeder ❑Other
❑Farrow to Finish Total Design Capacity
Gilts
Boars = Total SSLW
Number of Lagoons f Holding Ponds I0 Subsurface Drains Present ❑Lagoon Area [ Spray Field Area
❑No Liquid Waste Management System
General
1. Are there any buffers that need maintenanceliimprovement? ❑Yes R No
2. Is any discharge observed from any part of the operation? [0 Yes ❑No
Discharge originated at: ❑Lagoon [.Spray Field ❑Other
a. If discharge is observed,was the conveyance man-made? ❑Yes Is No
b. If discharge is observed,did it reach Surface Water?(If yes,notify DWQ) ED Yes ❑No
c. If discharge is observed,what is the estimated flow in gal/min? �, 2 h�.l.Ie•,�h
d. Does discharge bypq ass a lagoon system 1))-(If yes,notify DWQ) El Yes Na
3. Is there evidence of past discharge from any part of the operation? M Yes ❑No
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑Yes ®No
5. Does-any pan ofshe_w-aste management-system-(other thanlagnon_siholdin- onds)-require= _ - _IP Yes ❑No
maintenance/improvement?
6. Is facility not iri compliance_with any applicable setback criteria in-effect at the time of design? _ -- ❑Yes N No
7. Did the facility fail-to_have a-cent Fi_ zo raton 7 5� it'r--7 — -7 ❑Yes 0 No
7125/97 Continued on bcrcl:

Faciiit'� lunthrr: lV —
8. .Are there lagoons or storage ponds on site which need to be properly closed'? ❑Yes ® No
Structures (Lagoons.11olding Ponds, Flush Pits.etc.)
9. Is storage capacity (freeboard plus storm storage) less than,adequate? ❑Yes W No
Structure I Struk:ture 2 Structure 3 Structurz 4 Structure 5 S[ro,'iure 6
Identifier:
Freeboardift): .............1,.+............... ..........._................ ._,............-................ .................................... ................................... ....................................
10. Is seepage observed from any of the structures? 0 Yes V1 No
I I. Is erosion,or an% tither threats to the integrit} of any of the structures observed? Yes Je No
12- Do any of the structures need maintenance/improvement'? 52 Yes ❑ No
(If any of questions 9-12 was answered yes,and the situation poses
an immediate public health or environmental threat,notify DWQ) '
13. Do any of the structures lack adequate minimum or tnaximuni liquid level markers'' ❑Yes �M No
Waste Application
14. Is there physical evidence of over application`? ] Yes ❑No
(If in excess of WMP,or runoff entering waters of the State.notify DWQ)
S[a1".. �1]2 ....S7v..S�..._.....---..,._..."".LV?tz. k.......��ai�---------------------_------ . ..15. Crop type ......... �........_"...----- r-r►. � S �
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan(A1' MP)'? ❑Yes No
17. Does the facility have a lack of adequate acreage for land application' ❑ Yes No
18. Does the receiving crop need improvement? Yes Ej No
19. Is there a lack of available waste application equipment? El Yes 19 No
20. Does facility require a follow-up visit by same agency? Yes No
21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? U Yes No
22- Does record keeping need improvement? Yes No
For Certified or Permitted Facilities Ontv
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? JZ Yes ❑ No
24. Were any additional problems noted which cause noncompliance of the Certified AWMP? Yes No
25. Were any additional problems noted which cause noncompliance of the Permit'? ❑Yes No
❑ No.violations or deficiencies were noted during this visit. You.Will receive no further
eorrespondence about this visit. -
Comments(refer to question#): Explain any ITS answers and/or any recommendations or any other comments.
Use drawings of facility tot better explain situations.
(use additional pages as necessary)-
Z. t�
.. FvrOtT 1A 5� tid cbst'r,4C(, in � tl.o �+-� • ::l,31,
l+Ax, vores; o �1e kr �7X6,vy- �,sc -fir s �u i� dcxi,c ' ti +1dt Ve- )�-&okz(V4 J
1 t; , b�ttnC t�t sr n �C+g tirt
�o +,:� a� � ���., Rd�iSer1 Mr, Uzr�er.- � �a�cc.�L �i��ti � Avr►�'s .,,��4-t beck eti 4t car'+e►r-
rz � aT 1r[Cl�y
PN c� �� �a��Let� CLA cC.rirwi Asc-b CNhltf Wojz4_ rreOv- s1 wLl� Le- 64-0-,wl, At-
_ IZ.-�±kr.di _—p 11 .: O _�0.�eo;. Scl�-.�e_ih-0ik'tt__ rt a;oc�ti �►c:�U :�.2_ rCSex�e4 �Lti� e�srrvr�
i"� ���ao�.. Cart t S s�►o�'t �'� zf ti�i)ac� '�' ro r 7/25/9,
Reviewer/Inspector Name-
Rev
ievrerhtnspector Signattere: - - Date: it

Date cif Inspection: ' 3 R
Additional Comments and/or Drawings:
v z -i- :A s&. Q
��. `�pSC'liL GS`1".� ��1WL-r�]� 4[3r� 1m.�4���(1•- L. f
_ 2,71.-_1S?G]
Q1titi- Sel� SG•Y�t f 4,0,;�U Lit U� O �Gr. T i� ic� A�bCU COrrA,
t# Eo�c 4 c1 • `a -r� -cccti�c�s ska"N i�:�t (�,r ekL �c@ . Sl�nj rci;4,s
cri
I
4/30/97.

. ,v nvironmental Chemists, Inc.
MAII IN ADDRESS: TELEPHONE: SHIPPING ADDRESS:
1p; 2 3 199$P.O. ox 1037 [phone](Office) 6602 Windmill Way
Wrigh ille Beach, [phone](Lab) Wilmington,
CONSULTING B}�. North olina 28480 [phone](Fax) North Carolina 28405
CHEMISTS NCDEIiNR:DWQ CERTIRCATE#94,DLS CERTMCATE#37729
Customer:
NCDEHNR-DWQ Date of Report April 21, 1998
127 N. Cardinal Drive Ext.
Wilmington,NC 2W5 Purchase Order#:
Attn: Rick Shiver
Brian Wrenn Report Number: 8-1092
REPORT OF ANALYSIS
I
Date Sampled: 04/13/98 Report To: Rack Shiver
Sampled By: Brian Wrenn Copy To: Brian Wrenn
STREAM : 10-21
PARAMETER Sample ID 10-21 10-21 10-21
1 Fee/1 Nut 2 Fec/2 Nut 3 Fec/3 Nut
Dab H} #2394 #2395 #2396
Fecal Coliform,colonies/100ml 200,000 190,909 450
Nitrate+Nitrite Nitrogen,NO3+NUz-N mg/L 0.20 0.31 0.40
Ammonia Nitrogen,NH3-N, mg/L 252 132 2.59
Total Kejeldahl Nitrogen,TKN mg/L 319 177 3.08
Total Phosphorus,P mg/L 41.1 22.5 0.32
Reviewed byi'/ - ( 4 and approved for release to the client.
f

_ ENVIRONMENTAL CHEMISTS, INC 66112Windmill Was,
1 Wilmington, NC 284I15
® Sample, Collection and Clain of'Custody Phone: [phone]
FAX: [phone]
Client-, D.E.H.N.R WILMINGTON REGIONAL OFFICE
Collected 13 : syllem . we-IN6 Repnr No: r DG Q�
SamdS& e: Influent. Effluent, Well,
Soil. otiler:
SAMPLE COLLECTION MOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE I TIME ID ID NONE li,sof IINO, Na0II 11`I1I0 OTHER
lG:oS 1 t~e (a �✓ c. _��cca� co
i0`'�1 t hjt. 4h I NWti 1�J ice e 4
)�gU 4/i3 I(,'.C4" 2 rtc, A ice �ct ,
r �l reC, t +' 3 T;a 3 �'` ,'c �-ccc, C i ter
Maximum 11olding Time Between Collection and Analysis: BOD 48 llaurs, Colithrm in Wastewater 6 Hours,
Coliform in Drinking Water all Hours,
Transfer Relinquished By: Datel'l'ime Received By: Date/Time
1
2
Received with Ic Vater Ch' le t 4'C: Yes No Ac epted:.. Rejected:
Delivered 13y: Received lid:_._.. r Date;
Comments:

04/15/1998 14:23 9102873210 PAUE: 02
J7
� Ice
,
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I
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__

FORM IRR-2 Lagoon Irrigalion Fields Record
arie Farm for Each Field pef Crop Cycle
/f#koT
'fracl N Facilily Number --�l
Field Size(acres)_(A)
Farm Owner CIORDLIN,4 r'tf S LiLe- lulgalion Operalor L G e
Owner's Address 3.5r/ eAurn R.A eJ lrrigalionOperalor's 313 8 C-!�K-+1 Rd Nc✓
<}S k Ak, a 15 D Address A S 1, N v ..a s-t;a 0
Owner's Phone N I .2g7- S'fl olleralul's Phone a 3:2/4
Frain Waste Ulllization Man
Crop Type necow ►cled PAN LosiNnq / Ores (Nacrel I Is)
{t (a) W Iel sl IB z (s Isl ro) I11)
Irsigallon
Oils /d Spk,►Iara VA611W Wash Analysis PAN' P I �ppMed N*tWjen ealance
Slay{lime Total total vehol a per Acre {IW I ON{tall ) 140KIC)
nrdd4l�r Endlkne MW11e1 �e�9 Flow note (gallons) (gallene) AllillL 191 Irg)
(a) (�l {gaYrnln) lot"(51 0(4) (jL low
;0aAnl 91,40r'irr+ 5 D i o I]-b ao 3A Is,4 &
Cr p Cycle Totals
Owners Signature Opeialor's Signature
Certified Operalor(Print) `qlW-L Gl-eiAl) C}{rerillni's Cerlilicalion No
I NCOA Waste Ansylysis or EgIJivalent or MRCS Esiilllale,Technical Guide Seclion 633.
'Enter ilia value received by subiracling cohunn(10)horn(a). Conlirrsre sut*acling colrrnm(10)[tool)colirrnn(1 1)following cart+iiritlation event

1 � �
FORM IR'R-2 Lagoon Irrigation Fields Record
One Dorm for Each Field per Crop Cycle
Tract M Lisld"w Facility Number -a
Field Size(acres)_(A)
Farm Owner ,&R A1R ASAw r- S i.ILG irrigallon Operalor G e-
Owner's Address / €jLu rn /Z 0 AJ lulgallon Operalm's 3 J'3 8 C-;k"rn e.0 .vc.i
4&h AlG as era® Address Ash iv r, --L x v-1 Q
Owner's Phone N / - p -2n- S-pf74t Olteralm's Phone 0 - /� -• ,��� - 3 a/0
From Waste(Utilization Flan
crop Type necorrrrrmetei PAN twrNag h
e SC u tom- - (Nrraue)a It�1 t 7 V
1 42I 4 - s (a r e !t1 lag
krtparlon
Vakatre Wale Anatyils PAN PAN Applied "arKe'
Oale 0 of sp b*10a (ItrlKle) (Il�acr■) i
stall Tirwa Toter 1e1a1 Vdrene per Aue 1lhrltlOa Vary
m+ihldryr operaliple Flownale (b��s) (Vawaae) J41-tilt- Iwl flat
End TYr+e AA4niae ,
t71 (71 (lw+ird") tat•(sl•(4) JIL low
.�A
8 /t7: rn '301 90 1110 Al 11,00 .291S1 /. G �. S'S _- f�� Y L
I,
i
i
op Cycle Totals
Owner's Signature Opelalor's slytlallire
Certified Operator(Prinl) i Orycralor's CellirWillion No. p
l NCDA Waste Ansylysis or Equivalent or NRCS Es)insale,Technical Gt11de Seclion 633. '
Ir'
Enter the value received by sublracling column(M)(torn(B). CoiMnue sublraclinrg colsmut(Its)from coltirntn(11)following each k6galion evenf

FORM IRR-2 Lagoon Irrigation Fields Record
One Form for Each Fief! per Crop Cycle
#pkAv
Traci U 1 4"" l 3a Facility Number -a
Field Size(acres)u(A)
Farm Owner CIVRO13.4.fI'A 41-C. Irrigation Operator ed g L V
Owner'a Address 3.5-N-1 rA rn P-© AJ Irrigation Operator's 3 13 S oC—A A-1 Abc.i
,qS 1% "k, 3-t-a o Address A i h N r. -a r v a c>
Owner's Phone N / - /p • 1.f7- SY•'7 It operalol's Pima N - / - -1,P7 - 'jam/p
Froin Waste Utilization flan
clop Type nemeowled PAN temNno QFe eH G
-to)
r (?) 3 1+) S (a (7 N 4l lot
Mriryallarl
r k�kral VOW* Waste MIMI PAN' PAN AfgAW N*ngan a,lanee'
R�Dole Styr TWO 10121 1eIW Voinr par Act* (OW1008 914 (Ni1sc►u) Ipwavel
EndTYna MkAdea Apar616V 1low now (981 (gavaaal r,1Uo01_ Jul 4101
tsl I�l roI•ls1•i+l AIL -
IA)
�I
T---�
u,
Crop Cycle Total&
7 Owner's Signature Operator's Signature I'
Crrriired Operator(Pant) e
opelalm's Celliric;aliolr No.
I NCQA Waste Anaylysis or Equivalent or NACS Estimate.Technical Gulde Section 633,
r Ender the value received by subtracting coltunn 00)troln(0), Coittln110 s11111raciinr3 colulrin(IQ) horn column 0 t) Rollowir+ll earn Irrigalion eve+jl
i

FARM IRR-2 Lagoon Irrigation fields Record
wWorm for Each field per Crop Cycle '
Tiacl N / -MFN Facility Number I -1
Field Size(acres)a(Ai
Farm Owner IR L *6 I'A LLe- 111105llon operator gA4L
e-
Owner's Address 3 Ste/ EAu on A D AJ w 1ni0alion Operelor's E 9=-;t en R d r✓�-'
E}S 1► A0G =S%.a D Address h iv C.Owner's Phone N J - /O .1 j7 5�77 Operalor's Pltone M
From Waste Utilization Plan
Crop Type I Recomoeieled PAN toa,llnq / Q
f G Sim it e, 1e11a0ei•181
1 121 431 (4) PSI—. 6 I to fill
L�igalioA
vokit a Waste Analysis PAN' PAN AM*oil Nrmaers Valance
Dale Slid Dime Tdal f of Sprrnhlera lolalvolunn pet Awe liW l) p
taeo qelvacrel (lWaciel
MWA111l�r End Yk" M des oRe1o" Fbwl(91111411101), 1446-5) (tleveve) Jlll 111L, lui 1001
t�i r�llsi•rs)•al _t�L 1000
lM
-13 8 :DCFIK 7 !PO 71
fly
iII
1 '
f
Crop Cycle Totals
owner's Signature Opeialor`s Signalure f
Certified Operator(Print) Operalor's Cellifrcalioit No.
� I
I NCDA Waste Anaylysis or Egtlivaleni or NRCS Estimate.Technical Guide Section 633. i
'Enier the vniue received by subiracling column OM from(B). Coniiiule sulilrociing coturtnr(10)liorn coltlerm(11)rollowletq cants irrlilalllur eve rrf
a {

RECEIVED
MAY 13 1998
J,, �.P'c"-✓
. 3D
a,cx-�
G
i

r' tom.';'`''.—='•--� '��a
MAY 0 6
1
�4T.
2551 EXUM RD_ N.W.
ASH, NC 28420
[phone]
Mr . Rick Shiver, P.G . May 4, 1998
Regional Supervisor
NCDENR Wilmington Regional Office
127 N. Cardinal Dr.
Wilmington,. N.C. 28405
Dear Mr. Shiver,
This letter is in regard to your letter (certified mail #z 312
648 758 ) received by Carolina Bay Farms LLC on April 28 , 1998 : dated
April 21 , 1998 regarding your staff visit to our farm on April 13 , 1998 .
With regard .to the alledged violation, we maintain that there
was no run off of animal waste and no discharge into Leonard Branch.
With your staff as witness (on April ` 13 th) the following actions were
taken)
1 . The possibility of wastewater runoff or discharge was immediatle,
eliminated by plowing a farrow between the spray feild and the canal
which we ..assdme you refer to as Leonard Branch.
2 . Modifications have been made to defective irrigation reel gear
box which will futher ensure application rate accuracy.
With regards to additional items : feild ditch adjacent to spray
#26 has been blocked and pumped on 4/13/98 , outer dike walls of lagoon
have been mowed on 4/13/98 , Bare areas on inner dike walls had been
re-seeded prior to 4/13/98 visit and grass is flourishing. Spray feilds
have been sub-soiled to allow for better infiltration of applied waste .
Crop area in spray area #36 is being improved in conjection with
Brunswick County Soil & Water conservation recommexidations . An IRR-2
form is being kept for the entire growing season.
This letter responds to each item specified in your notice to
Carolina Bay Farms LLC. All corrective actions required in your letter
have been completed as of this date.
Mr _ Shiver, you should know that the managment of Carolina Bay
Farms makes every possible effort to operate a totally enviromently
sound operation, using only the best managment practices . We have (and
will continue ) these efforts even though faced with unprecedented
weather extremses , and regulatory reqirements which are unclear subject
to different interpertations (even by members of your staff ) , and in
some cases conflicting.
It must be also noted that any issue regarding spray pull Y36 on
April 13 , 1998 may have resulted from the7fact that my presence was
required by your staff in the farm office going over records . When I
met your staff_ c_oming _on the farm I was proceding directly to moniter
spray pull #36 . That monitoring was delayed 1 hour .

Mr . Rick Shiver
May 4 , 1998
Page 2
If we can be of further assitance please do not hesitate to
contact me at any time .
=e�rly J. Vereen

�= PICK TICKET OATE: 943098 PAGE 1
STORE: 01 T]ME1 08:13
COST f: 2015474
]LD TO: ORDER 102855 SHIP T0:
ROLINA BAY FARMS. TLC TYPE NONE CAROLINA BAY (ARKS, LLC
SS1 EXUM ROAD, NW. SLSMN I
P.O.
51H NC 28420
PHONE : [phone]
1CX PART DESCRIPTION BIN SHIP 8.0. RET LIST EXTENSION
MAKE: JD MODEL: SERHO:
I 1126HI M TRANS5INOM NSTOCK 1 .00 .00
1 FREIGHT KISC 1 42.18 42.98
TO BE WAR WHEN SEND OLD IRAN BACK L,Q
PART WAS INSTALLED 4-11-9$
PART WAS SHIPPED SACK 4-13-98
TO BE WAR
'HIP VIA:
REG NONTAXABLE:
'LEASE REMIT TO: V l M SUPPLY CO. NISC NONTAXABLE:
3891 JAMES B WHITE REG TAXABLE:
WHITEVILLE. M.C. KISC TAXABLE: 42.9$
2B412 TAX: .43
]DIAL: 43.41

bf
CAROLINA BAY FARMS,LLC
2551 Exiun Roai NW
Ask North Carolina 28420
Phone[phone]
Fax [phone]
June 15, 1998
Mr.Rick Shiver,P.G.
Regional Supervisor
NCDENR Wilmington Regional Office
127 N. Cardinal Drive
Wilmington,NC 28405
Dear Mr. Shriver,
In response to your letter dated 614/98 referring to spray field#32:
I
A gear box was installed April 11, 1998,by William Warren of
V&M Supply Co. I did not spray April 12, 1998.
I made two snccessfW pulls on#28 and#30 on April 13. The third pull
was made and a bolt came loose that apparently was not tightened April 11, 1998,
causing the reel to slow down creating excessive ponding.
The possibility of wastewater runoff or discharge was immediately eliminated
by plowing a farrow between the spray field and the canal which we assume
you refer to as Leonard Branch.
No one from your office was on the farm March 18, 1998.They were on the farm
April 13, 1998 approximately 2 p.m.
Sincerely,
Pearly Vereen

. j
}ter
IW
10-21 Runoff of animal waste discharging into Leonard Branch,
Sample Point 92.
mod'
£ L
yaS
10-21 Leonard Branch downstream from the discharge points,
Sample Pont#3. —

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'Y/`'-� '.,✓�"[4 ,j\+�+._.,-+ � '`.f � '+, ��y �''�^�._.�y G .�+��"`r Yam"� yl�..,t+ ��" �`..
— ff le, t�_ f —\if «+.,y;i �"• �,'„y `°«T'�, ,vysi Sri' �'1r -' � .. S

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a

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 9, 1997
CERTIFIED MAIL P 057-©82 825
RETURN RECEIPT REQUESTED-
Mr. Milton. Ward
2551 Exam Road
Northwest, North Carolina 28420
Subject: NOTICE OF RECONEWENDATION FOR ENFORCEMENT
Carolina Bay Farm
Exum, N.C.
Brunswick County
Dear Mr. Ward:
This letter is to notify you that the Wilmington Regional Office of the Division of Water
Quality is considering submittal of a recommendation for enforcement action to-the Director of the
Division of Water Quality. The recommendation concerns violations of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). On March 20, 24, and 25, 1997,
staff from the Wilr ington Office of the Division of Water Quality inspected your animal operation and
the lagoon(s) serving this operation. Discharges of wastewater were observed due to over-application,
excessive ponding and runoff from a spray field which had entered into the highway right of way ditch
of NCSR 1340 and continued into an unnamed tributary leading to Juniper Creek and the Green Swamp,
both "C-Swamp" waters of the state. In addition, it was found that no certified "Operator in Charge„
existed for this operation. All of these incidents were due to separate spray application events over
several days and are violations of the animal waste rules and your certified waste management plan.
If you have an explanation for this violation that you wish to present, please respond in
writing to me within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if
an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with
the enforcement package for his consideration.
If you have any questions concerning this matter, please contact Mr. David Holsinger, or
myself at the Wilmington Regional Office at [phone].
Sincerely,
Rick Shiver, P.G.
cc: Compliance Section Regional Supervisor -
Wilmington Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845-0 Telephone [phone] Fax-910-350-2004
4 An Equal Opportunity Affirmative Action Employer-
; -

ee--PPaar�.
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes
Governor Water Quality Section Secretary
May 9, 1997
MEMORANDUM
TO: Bob Sledge, Environmental Supervisor
Water Quality - Compliance
FROM: Rick Shiver, Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Carolina Bay Farm
Facility Number: 10-21
Brunswick County
Attached please find the subject enforcement report which was prepared by Mr. David Holsinger of
the Wilmington Regional Office. The report concludes that Carolina Bay Farm violated Title I5A NCAC
2H .0217, by allowing excessive ponding, runoff and the discharge of animal waste from a land application
system to surface waters. In addition, it was found that no certified "Operator in Charge" existed for this
operation. . All of these incidents were due to separate spray application events over several days and are
violations of the animal waste rules (15 A NCAC 2H .0200) and it's certified waste management plan.
(a)(6). It is recommended that appropriate civil penalties.be assessed in accordance with NCGS 143-215.5A
If you have any further questions, please contact me at 910-395-3900.
ATTACHIvMNTS
S:1WQSIDAVEHIBRUNSWIC110-21.MEM
cc: Dennis Ramsey - --
W mzx" ig on=Regional Office r
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845_0 ficlephone 91095-3940+Fax 91[}3Sa2044
An Equal Opporamity Affirmative Action Employer _

State of North Carolina
Department of Environment,
Health and Natural Resources ! •
Division of Water Quality
,lames B. Hunt,Jr., Governor [D a H N
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.F., Director
CERTIFIED MAIL#
RETURN RECEIPT REQUESTED
Mr. Milton Ward
Carolina Bay Farms
2551 Exum Road N.W.
Ash, NC 28420
Subject: NOTICE OF CIVIL PENALTY ASSESSMENT
Failure to Follow or Implement Waste Management Plan
As Per 15A NCAC 2H .0217(d)
WP 96-
Facility Number 10-21
Brunswick County
Dear Mr. Ward:
This letter transmits a Notice of Civil Penalty Assessment of$ for failing to
follow or implement your approved animal waste management plan. This failure is a violation
of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 211, Section
0217(d).
This assessment and notice is based on the following facts: On March 20 1997, staff
from the Wilmington Office of the Division of Water Quality inspected your animal operation
and the lagoon(s) serving this operation. A discharge of wastewater was observed due to over-
application, excessive ponding and runoff from a spray field which had entered an unnamed
tributary leading to Juniper Creek and the Green Swamp, both "C-Swamp" waters of the state.
On March 24, 1997, in response to a complaint, staff again visited the operation and observed
excessive ponding of waste and wastewater running off of the same spray field into the right of
way ditch of NCSR 1340. On March 25, 1997, in response to a second complaint, staff
visited the operation and observed wastewater running off of the spray field into the right of
way ditch of NCSR 1340. In addition, it was found that no certified "Operator in Charge"
existed for this operation. All of these incidents were due to separate spray application events
over several days and are violations of the animal waste rules (15 A NCAC 211 .0200) and
your certified waste management plan.
Therefore, I conclude, Carolina Bay Farms, violated or failed to act in accordance with
the requirements of 15A NCAC 211 .0217(d) and is subject to a civil penalty pursuant to
N.C.G.S. 143-215.6A(a)(6). Therefore, I hereby assess Carolina Bay Farms a $ civil
-_-- penalty for this violation pursuant to G.S. -143�5.6A(h).
_ _ P.O.Box 29535, - - - - . � S _ FAX [phone]
Raleigh,North Carolina 27626-OM �� An Equal opportunity/Affirmative Action Employer
--- Telephone [phone]r= - = - _=�0"b recycles/1o°*post-consumer paper

Mr. Milton Ward
Page 2.
Within thirty days of receipt of this notice, you must choose one of the three following
options concerning the civil penalty assessment:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
P.O. Box 29535
Raleigh, North Carolina 27626-0535
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Steve W. Tedder
Water Quality Section Chief
- - -_ - -- Division of Water Quality
��O.-Box 29535 =
- -Raleigh,_North Carolip4-.27626-4535 --_ --

Mr. Milton Ward
Page 3.
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request
an administrative hearing. This request must be in the form of a written
petition, conforming to Chapter 150E of the North Carolina General Statutes,
and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North
Carolina 27611-7447. A copy of the petition must be served on the Department as follows-
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611
Failure to exercise one of the options above within th_ irty (34) days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for future
violations which occur after the review period of this assessment.
If you have any questions concerning this matter please do not hesitate to contact either
Rick Shiver, Water Quality Regional Supervisor for our Wilmington Regional Office at (910)-
395-3900 or Shannon Langley at [phone], ext. 581-
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Harold Jones, Brunswick County Soil and Water Conservation
Robert Odett, Brunswick County Health Department
Brian Gannon, NC DSWC
Compliance/Enforcement File
Wilmington Files

STATE OF NORTH CAROLINA NORTH CAROLINA
COUNTY OF BRU-NSWICK ENVIRONMENTAL MANAGEMENT COMMISSION
File No. WP96
IN THE MATTER OF )
CAROLINA BAY FARMS )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H. 0200 ) CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr.,P.E., Director of the Division of Water Quality (DWQ),make the following:
1. FINDINGS OF FACT:
A. Carolina Bay Farms operates a concentrated swine animal operation in Brunswick
County.
B. Carolina Bay Farms was deemed permitted on February 1, 1993, in accordance with
15A NCAC 2H .0217 by submitting a Animal Waste Management PIan Certification
form.
C. On March 20, 24, and 25,1997,DWQ staff observed the excessive ponding,runoff
and discharge of wastewater from the Carolina Bay Farms,to an unnamed tributary
of Juniper Creek and Green Swamp,which are Class "C-Swamp"Waters of the
state.
D. Carolina Bay Farms had no valid permit for; and failed to follow or implement an
approved waste management plan by engaging in the above described activities.
E. The cost to the State of the enforcement procedures in this matter totaled $912.61
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms is a corporation organized and existing under the laws of the
State of North Carolina.
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217(a).
C. An animal waste management plan for this animal waste management system is
required in accordance with 15A NCAC 2H .0217 ans G.S. 143-215.1.

D. Juniper Creek and Green Swamp constitute waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).
E. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1),which is a violation of the nondischarge permit.
F. Application of wastewater above specified agronomic rates is a violation of the
animal waste management plan in accordance with 15A NCAC 2H .0217(d).
G. Carolina Bay Farms may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(1),which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00)per violation may be assessed against a person who violates any
classification, standard, limitation, or management practice established pursuant to
G.S. 143-215.1. OR 143-215.6A(a)(2) for failing to act in accordance with the
terms, conditions or requirement of a permit.
H. The States enforcement costs in this matter may be assessed against Carolina Bay
Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
I. The Director, Division of Water Quality,pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms is hereby assessed a civil penalty of:
$ for discharging wastes to the waters of the State which is a
"violation of 15A NCAC 2H.0202 and NCGS 143.215.1(d).
$ for failing to follow or implement the approved animal waste
management plan, which is a violation of 15A NCAC 2H
.0217 (d).
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G_S. 143-215.6A.
$ 912.61 Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors Iisted in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Water Quality Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard,Jr.,P.E., Director
Division of Water Quality
S A WQSIDAVEMBRUNSWIC110-21.FDS

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
File No. OV
IN THE MATTER OF )
CAROLINA BAY FARMS )
FINDINGS AND DECISION
FOR VIOLATIONS OF ? AND ASSESSMENT OF
NCAC 2H. 0224 (a)BY FAILING TO ) CIVIL PENALTIES
EMPLOY AN APPROPRIATELY }
CERTIFIED OPERATOR IN )
RESPONSIBLE CHARGE OF AN }
ANIMAL WASTE MANAGEMENT )
SYSTEM )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,I,A. Preston
Howard,Jr., P.E.,Director of the Division of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Carolina Bay Farms is a corporation organized and existing under the laws of the
State of North Carolina-
B. Carolina Bay Farms operates a concentrated swine animal operation in Brunswick
County.
C. Carolina Bay Farms was deemed permitted on February 1, 1993, in accordance with
15A NCAC 2H .0217.
D. As of January 1, 1997, a certified operator in responsible charge is required to
operate the subject animal waste management system in accordance with 15 A
NCAC 2H .0224 (a).
E. Carolina Bay Farms failed to employ an appropriately certified wastewater
treatment operator in responsible charge of the subject animal waste management
system.
F. The cost to the State of the enforcement procedures in this matter totaled $912.61
Based upon the above Findings of Fact,I make the following:

II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms is a corporation organized and existing under the laws of the
State of North Carolina.
B. Carolina Bay Farms above cited failure to employ an appropriately certified
wastewater treatment operator in responsible charge of the subject wastewater
treatment facility violated 15A NCAC 2H .0224 (a).
C. Carolina Bay Farms may be assessed civil penalties in this matter pursuant t P p o G.S.
143-215.6A(a)(2),which provides that a civil penalty of not more than teri thousand
dollars ($10,000.00)per violation may be assessed against a person who violates or
fails to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143 -215.1.
D. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
E. The Director, Division of Water Quality,pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter. .
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms is hereby assessed a civil penalty of.
$ for violating I SA NCAC 2H .0224 (a) by failing to employ an
appropriately certified wastewater treatment operator in
responsible charge of the subject animal waste management
system.
TOTAL CIVM PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 100.00 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willMy or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Water Quality Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr.,P.E., Director
Division of Water Quality
S.\WQS\DAVEHIBRUIv SWICII O-21.oVS

Division of Water Quality
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (wp,ov)
i
Violator: Carolina Bay Farms
I
Address: 2551 Exum Road. N.W.
Ash, North Carolina 28420
I
Regional Office: Wilmington
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:
I
The discharge of animal waste displayed in stream
fecal coliform bacteria levels of 250, 000 colonies
per 100 mi. This represents a level 625 times greater
than the assigned stream standard. Levels of other
constituents found were as follows :
Ammonia Nitrogen, NH3-N 30 . 20 mg/L
TKN 36 . 80 mg/L
NO3 + NO2 0 .28 mg/L
Total F 4 . 60 mg/L
2 . The duration and gravity of the violation:
On March 20, 1997, a discharge of wastewater was
observed due to over-application, excessive ponding and
runoff from a spray field which had entered an unnamed
tributary leading to Juniper Creek and the Green Swamp,
both "C-Swamp" waters of the state. On March 24 , 1997,
in response to a complaint, staff again visited the
operation and observed excessive ponding of waste and
wastewater running off of the same spray field into the
right of way ditch of NCSR 1340 . On March 25, 1997, in
response to another complaint, staff visited the
operation and observed wastewater running off of the
spray field into the right of way ditch of NCSR 1340 .
In addition, it was found that no certified "Operator
in Charge" existed for this operation. All -of these
incidents were due' to separate spray application events
over several days and cannot be solely attributed to an
equipment failure on .March 23, 1997.

3 . The effect on ground or surface water quantity or
quality or on air quality:
The effects to groundwater and air were not documented.
Water quality was impacted as determined by water
quality analysis .
4 . The cost of rectifying the damage:
The cost to rectify cannot be easily estimated. The
unnamed tributary is classified as "C-Swamp" waters of
the State . Typically waste discharged into a receiving
stream is found to have very high levels of pathogens
(i.e . , fecal coliform bacteria) , ammonia and nutrients .
No equipment at the operation was in need of repair.
5 . The amount of money saved by noncompliance:
The amount of money saved by noncompliance is not
known. However, employing a certified operator,
utilizing proper waste application techniques and
monitoring the system require some expenditure of the
operators time. Land is available for irrigation.
An acceptable cover crap was observed at the time .
5 . Whether the violation was committed willfully or
intentionally:
The violation should be considered willful . The
manager did not notify the Division when he discovered
the discharge. In addition, no information concerning
any problems or discharge was given to DWQ staff until
the discharge was found. The manager, Mr. Vereen
stated that he was certified to operate the waste
system. However, upon further investigation it was
found that no Operator in Responsible Charge (DIC)
existed for this operation. Due to the amount of waste
observed in stream, the ponded wastewater and the
duration- of the violations, the evidence indicates that
the violations were the result of a complete lack of
•`due care" in operation of the waste management system.
On March 20 and 24, Mr. Vereen was asked not to spray -
into the front portion of the -spray-field due to the
--- - - _ - gs=arieP--c6n0A-t-ion- of-th stssls: On March 25, it was
found-that waste was-again--being applied--to this field
contrary_t-o the Division request and that waste

remained in the Road ditch. On March 25, 1997, Mr.
Vereen was informed that Carolina Bay Farms could not
operate it' s spray irrigation system until an OIC was
properly designated. and DWQ notified him of it' s
acceptance. On April 14, 1997, staff received
information that Carolina Bay Farms was continuing to
spray irrigate with out having received proper
notification. This was confirmed in a telephone
conversation with Carolina Bay Farms . On April 16 ,
1997, Carolina Bay Farms received a faxed notification
of it' s OIC' s acceptance.
7 . The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority: No prior record exists .
8 . The cost to the State of the enforcement procedures :
The State' s enforcement costs totaled $912 . 61, as
follows :
Staff
Holsinger, 12 . 0 hrs . $196 . 02
Helminger, 5 .5 hrs . $ 97 .35
Wrenn, 6 . 0 hrs. $106 .20
Mileage ( 115 miles@ $0 .31 per mile) $ 35 . 65
Photography (film & Development) $ 16 . 05
Laboratory costs $359 . 00
Administrative costs $100 . 00
9 . Type of violator and general nature of business (i.e.
Individual vs. large corporation) : Corporation
10 . violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance:
Mr. Vereen was asked not to spray into the front area
of the field due to it' s condition and to place a mud
pump in the ditch to move the waste back up into the
spray field. However, Mr. Vereen did continue to spray
into this area of the field. In addition, Mr. Vereen
did not initially block the ditch to contain the waste.
Mr. Vereen did not place the suggested length of hose
-- - - -� om-the=pumper in i:the 3 d—which resulted in the
- waste running hc] intszditch__

11. Mitigating Circumstances:
None . Mr. Ward has submitted a letter of response to
this office. In the letter it is stated that the
discharge .of waste was due to a spray gun having
stalled for two hours on March 24, 1997 . However,
staff has documented the runoff of waste occurring due
to different spray irrigation events from this facility
over a five day period beginning March 20 , 1997 . The
right of way ditch along NCSR 1340 itself was not'
physically blocked before March 24, 1997 .
12 . Owner of property where the discharge occurred:
Carolina Bay Farms
13 . Pictures of violation:
Included
s:\WQS`DAvsx\BRUNSWIC\10-21.CA

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NCSR 1340 `
LEONARD BRANCH JUNIPER CREEK —�
.-• - - Farm Road - - r
r
CAROLINA BAY FARMS TRAILER
FACILITY:. 10-21 I
BRC]NSWICK COUNTY
NOT TO SCALE
SAMPLE POINTS:
SAMPLE POINTS --
c
HYDRANT ASTE FLOW
' • r
CULVERT
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LAGOON SATURATED AREA (appro
REEL/GUN } F I
WASTE
HOUSES
' - 9 CATTLE- (GRAZING) -
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PUMP I

-- r ❑DS'PVC Animal Feedlo fl eratlon Re'vieti ►
47
-� DWO Anunal Feedlot fJperahon Site.Insi3ectl on-
_ �
' ' Routine O Com Taint O FolTo�+-u of DWQ ins ection O Follow-up of DSWC review Q Other
Facility NumberDate of Inspection
Time of Inspection MEgED Use 24 hr. time
Farm Status: CCU f� Total Time (in Fours) Spent onReAeiv 3
""- -"�'-'- "" -`-- or Inspectiou (includes travel and processing)
Farm Name: �� .. • .. 5 .�. __ County;...--- .........................._.....................
Os4nerlqaine: e% AvL�(Xhf ►tLefl'rT E`bi r-1
Mailing Address:.4 .L . X 124
Onsite Representative:P_ ;e- V(w - l _---- Imtea-rator:
Certified Operator: ___._.—_ Operator Certification Number:.....
_ .. .,
Location of Farm:
Latitude 37 —• L �L Lonvitude Z�s°
©Not Operational Date Last Operated: _—. _ ----- -�-- ......_ .... . ._-......-------_.
- rype of Operation and Design Capacity
3uliry0ZV tiumber �.Cat#Te .iiumber
❑ZVean to Feeder ❑Laver
©Feeder to Finish ❑Non Laver ❑)3e�
Farrow to Wean s " .. _ '" =� `iRk
to Feeder - -- 'Farrow
Farrow to Finish Other Type of I.ivestork
��"`z�' .,n saw ": " '�""'��� ,:,�.e,.v„# .�.. "'�..ar,•,:.µ.', .r'� "` ,,�z�' *�
r kf Kgdd s�$a ditr P ds �'1'_❑Subsurface Drains Present -=
Y -
` � r Lagoon Area ❑Sprav Field Area
General
1. Are there any buffers that need maintenancefunprovement? ❑Yes ®No
2. Is any discharge observed from any part of the operation.? iA Yes a 1' 0
a. If discharge is observed,was the`conveyance man-made? - ❑Yes ®No
b. If dischar_e is observed:did it reach Surface Water?(If yes,notify DWQ) 1�a Yes ❑No
c. If discharge is observed,what is the estimated flow in--al/min? 0-3�n�. ;r►
d. Does dtscQa.ge bypass a lagoon system?(If yes,notify DWQ) ❑Yes ��o
;,. ls-lt ierc evidence of past discharge from any part of the operation? [A Yes ❑No
4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑Yes R]No
3. Does any part of the-«ante-rr;atid-terrient sti•Stem(other than lagoonsTholding ponds)require P9 Yes ❑No
' - _ __ --- rts=i:rtenaricerimproce^c^t:'
` COfrl7lretCtf ir1: �':

y T
❑DSN'VC 4nimal FeedltQpefation Review
�- Dw Q Anirzial Feedlot Operation Site7.
Inspection v ' �
ti - _
.Q Routine $6 ComDlaint O Follow-up of DCVO inspection O Follow-uo of DSWC review O Other
Date of Inspection Z4�j
Facility Number /CJ
Time of InspeCtian / -3c? Use 2 hr. time
Farm Status- Total Time (in hours) Spent onRe-Aew
or Inspection (includes travel and processin")
Farm Name: = !?t�/r '! EY9 P-W - - County: ram'n5 �c
O.tuer Name: ]�t �`' Phone No: 7- .507q
Mailing Address: ZS
Onisite Representative: V-40—A 7 /' fZeri%ffi c Inteo-rator: mt,0 n� -
Certified Operator: Operator Certification N.umber:
Location of Farm:
Latitude �•F Lonvitude
❑ Nat ODerstional Date Last Operated:
:--rrpe of Operation and Design Capacity
Poultry �,� Nnmber �Caitle f ,Ml u�aber -p.,
Wain to Feeder I = L7 Lava I ❑Dairv -
❑Fe=der to Finish I ❑Non-Laver 1 ❑Beef I
Patron:to Wean I Ll000 =w ����`�; �. � _ � "� R�. � � •. �_ ��
Farrow to Feeder I s ��"s.,";"�v' '"'y_ - _ �'= .._... r •,,.•--� 'v�,� -'�'�•
er Type of Farrow to F:nisi I `❑Oth Livesoc3c - a _
q _ - -- -
1Yumberof La;aaasf�oldingPonds= :❑Subsurface Drains Present .-
. r„'"``:.�x.."�e�Ey^- •�-�'�3 - �_�.--:--•-..a.-o'�. ^�- .:-�+e-W.-- _ -. .� - e-
�- „ �, . .❑La,00n Area - ❑Spray Field Area st
`
General
I. Are thc.-e auy bu`,e=that need mzTnt CeFmpmvement? ®Yes ❑No
3. Is anv discha_rze obse:-red from any pan of the operation? 9 Yes ❑No
z. If disc arge is observed,n-as the cone~ance man-made? ❑Yes ®No
b. Ifdiscaat:is oose:ved,did it r=ch Surface Watcr?(If yes,notify DNVQ) ❑Yes Dd No
c. If discharge is obsc:ved,what is the estimated flow in pd/miu?
d Does diszhargc bypass a lagoon system?(If yes,norm•DXVQ) ❑Yes ONO
1. Is the evidence of par, from any part of the operation? Yes ❑No
:a
4. Was there 3;ny adverse impacts to the waters of the State a[R than►from a discharges T - Yes ❑No
5. Doti any pare of the waste management system(other than lagoons/holding ponds)require ❑Yes ®No
r,.:inte..�-nc�ir oro�•e-eat''_..--

o. is :acuity not in co;-'r)11 nc2'::i,�h any appiicabie setback t^ite.I'G? LJ Y es 121 No
7. Did the faciiiry fail to have a ct=—ed operator in responsible charge(if inspection alter 111/97)? ❑ Yes [ENO
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes ONO
Structures fLagonns and/or HoidinyPonds)
9. Is structural freeboard less than adequate? ❑Yes E No
Frceboard(Ft); Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4
10. Is seepage observed from any of the structures? ❑Yes fgNo
11. Is erosion, or any other threats to the integrity of any of the structures observed? - ❑ Yes ZiVo
12. Do any of the structures need maintemancerunprovement? ❑Yes ❑No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat,notify DWQ)
13; Do any-of the structures lack adtluiate'markcrs to identify start and stop putapiag levels? Yes ❑No
%Waste AmAication
14. Is there physical evidence of over application? ZI Yes ❑No
(If in excess of WMP,or runoff entering watem of the State,notify DWQ)
15. Crop type
16- Do the active crops dizierwith those designated in the Aniral Waste Management Plan? ❑Yes o
17. Does the fac:iiry have a lack of adequate ac ge for land application? ❑Yes ENo
18. Does the cove:r.op need impmve�neat? ❑Yes R No
19. Is these a lack of available i.i;-zdon equipment? ❑Yes 1 do
For Certified Facilities Only.
20. Does the faciiiry fail to have a copy of the Animal Waste Manage:•eat Plan r--dily az aliaole? ❑Yes ®No
21. Does the facility fail tc comply with the Animal-Waste Management Plan in anyway? 9 Yes ❑No
21 Does record keying nerd inmrovernent? j Yes ❑Igo
2.3. Does facility require a Mow-up visit by same agency? j$Yes ❑No
24. Did Review•e~-11*ector frO to discuss mviewfinspection with owner or ope..tor in charge? ❑yes No
Cam_wents rcr to' on lz Ez�iata any ACES ans�v san�lcsranvr--carom d ohs or iv b_uf��c�trzm it3:_ - _ _
Use-d.-awui
gs"ofzairiity to;bctttl`aizi`situatrvns a aadinoitales as.nec
�•�''�+'� �" 1�•.c-.�j�C•''''.��, ��ff���.` D�5 Cg v�c.�� �-r �.�.,:v_ �� ABC J�. 1�Jzf� . - �_
✓IZ 0-�� .frt�''t. S��a� �� [ 'fig ����i �i4��f:t(f '� 6��f�� �rc��ly .
Reviewerllnspecror Naive ' -` •r- •r r� _ - _
Revisverllnspector Si,na�rure: D%
- Date:
cc: Division of IT vier Quafity, Warer Qualin,Secnort, facifiry.4ssrssmenr Clint 1 1f14:co

❑DSWC 4nimal Feedlot O eration Re'yiew -
DW Animal FeedlotYO el ativa Site.Ins ectzon
Q _ P P. _
^.'.O Routine §i ComElaint O FollO -up of DWO inspection O Fulloir-up of DSNN'C rep°icw O Other
Date of Inspection 31S 7 f
Facility;`lumber
Time of Inspection 111460 Use 2= hr. time
Farm Status: �C�; _ _ Total Time (in hours) Spent onRevieiv Z
or Inspection (includes travel and processing)
Farm Larne; � �a^L3� 1"Sr��. -� — � �_. - County:.�&..W.S0.)1t1L........... �. .__.... .......
Owner-Name:t�1L ��,`E4�tki1GL Phone i�`o; P3� -- - --- _ ,,
lei
NIailing Address: Clact it
Onsite Representative: ���
Integrator:b
Certified Operator: �__ ___-__ Operator Certification Number:
Location of Farm:
Latitude Longitude �• �' �:�
©tot Operationai Date Last Operated:
=--type of Operation and Design Capacity
J�l41Ile sr"� .-r`nW� r'? TIL[x[tbe`aTPQulflF _ _L - nffil)2r 7" u C2ttlei `� .�1IIr1D£r
Wean to Feeder 10 Lace ❑Datrv .
❑Feeder to Finish ❑Non-Laver Beef
Farrow to Wean :
Farrow to Feeder N;=
El Farrow to Finish 9 f, ❑Other Type of Ltvestocl.
":,-. --� 'es mac':'pr�::�=��-.-„os�.. .»»....vc���'�...-`c�..� .-e. •`� -x-'� �'��.^'A .- "Z'�.2t:w'. �,.Xf�.�yEY _ ��
�r° �ritmber o1.La�oans Haldiagi'onds y �i.�❑Subsurface Drains Present .
- -� ,❑Lagoon Area ❑Spray Field Area '�
General
1. Are there any buffers that need maintenance/improvement? ❑Fes MNo
2. Is any discharge observed from any part of the operation? ❑Yes 19 No
__-- z If discharge is observed,was the conveyance man-made? - ❑Yes 0 No
b. If discharge is observed,did it reach Surface NVater?(If yes,notif3 DWQ) ❑1 es No
c. If discharge is observed,what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system?(if yes,notify D'Vi%Q) ❑y-� No
Is there evidence of past discharge farom any part of the operation? - 65 Yes ❑No
-I. 'Was there anv adverse impacts to the waists of the State other than front a discharge's ❑YesNo
_ -- __Doesinn}=pan-0_the-%araste management system(other-than fseaorivVo1dm-ponasj require - EP Yes ❑No
maintenancelimprovcmc t'?
rill 1,

�:. sr •:.4;i: - i1JL::t L-_J 41 _\O
7. Did the facility fail to have a cer-Lified operator in responsible charge (if inspection after l/l/97)? ] Yes ❑No
8. .Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes No
Structures (Lartoons and/or floldina Ponds)
9. Is structural freeboard less than adequate? ]Yes ❑No
Freeboard(ft): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4
10. Is seepage observed from any of the structures? ❑ Yes W No
11. Is erasion, or any other threats to the integrity of any of the structures observed? ® Yes ❑."O
12. Do any of the structures need maintenance/improvement? 0 Yes ❑No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the struett res lack adquate markers to identify start and stop pumping levels? ❑Yes 0 No
-%Vaste ADrOication
14. Is there physical evidence of over application? Yes ❑No
(If in excess of`'4TMP,or runoff entering waters of the State,notify DWQ)
15. Crop type .---
16. Do the active crops differwith those designated in the Animal Waste Management Plan? ❑Yes [I No
17. Does the facility have a lack of adequate acreage for land application? ❑Yes M No
18. Does the cower crop need i,-nprovemr ent? ❑ Yes 9 No
19. Is there a lack of available irn!zation equipment? ❑Yes No
For Certified Facilities Only .
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑Yes ®No
21. Does the facility fail to comply with the Animal Waste Management Plan in any way? Yes ❑No
22. Does record keeping need improvement? ]Yes ❑No
23. Does facility require a follow-up visit by same agency? Yes ❑No
24. Did Reviewer/Inspector fail to discuss reviewfmspection with owner or operator in charge? ElYes [A 3\7o
Carnznents refer to:Questton T� Ezp?atn nay'YFS answers azr for any recommends ons of auy atlier"corrcmz tts „
.Yr +' - '. s.:*-.'£�,^ 'S./ q.�*' -
Llse"drdwrn s of fah ty to b tere am situahoiis_us�ra�Cituonal a es as necess -
C 6wu-vcJ 'Ur, C-4- i n+v rc-c'.051je. d;k �rc:� ove;�u ��ic ,�i e:� i r s rc ie(ck. "�r- d; +
CO11nnCC-W -tu 3url- r- Cmv- • Sam wire -cj �A1tc iccc� i+ rs c 0;1 � CC
[c rocn t�1n41 5u��jcs s �g� lbtycor. OLkr^ t�?cA- IA � Ps+. (E)Excessive r*ulL cC,( ��e of 1
was ccrl 6 eta bid� s4c
�.gLes i r1 C�v+C LYcc n { {+,> cct• 1'- Ve �(� _Ir} 5 ►�t>°C[a-
vc�b od e mod. l r ;nc, ems,tan or\ a-lm s� an CA �syC
hid CC41 t cafio 1 J& Ih ve +�
taFr\ t &� t. CtVfmc.1,n {-�rc.r Ir'avel cam( o�� a� s�crr,��1: rc � act vs zcti c� cerrcc G mr vul • G)F
S{�L C C�• LG 4i"� k QV2l W<L rl Y1L Ei�Z J
fir]s 5 R 13 © C'c C35111 �Xnl C
1 �z Nkr- Veylce:ti
r 1 aces C�c Free rt � o ero ;�cc, ,\ C;-1 VVZLY I
4 ,
Reviewer/In
spector Name u
a
Re+�i�ver/Insper. i�natue: - Dates " g7
Division of Ji rarer Qualin•, Water Quality Section, Facil jt AsStSiment Uitr'— - j ! l-96

Environmental Chemists, Inc.
MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS
CONSULTING P.O.Box 1037 [phone](Office) 6602 Windmill Wa,
CHEMISTS Wrightsville Beach, (910)392-=(Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 2840
REPORT OF ANALYSIS I VED
Customer: NCDEHNR-DWQ
127 N. Cardinal Drive Ext. z3Y:
Date Sampled: 03/20/97 Date of Report: April 2, 1997
Sampled By- Andrew Helminger Purchase Order#:
Report To: Rick Shiver Report Number: 7-0754
Copy To: Andrew Hehmin@er
Storm: 10-21
LAB ED 91790 #1791
1 2
Fecal Coliform, colonies/100m] 410000 . 250000
Nitrate+Nitrite Nitrogen, NO3+NO7. -N mgfL 1.23 0.28
Ammonia Nitrogen,NH3-N, mg/L 55.4 30.2
-r_._, 62.0 i 36.8
JLITotal Phosphorus,P mg/L 6.06 4.60
Mercury,Hg mg/L < 0.0002 < 0.0002
Copper, Cu mg/L 0.019 0.017
Load,Pb m3'L 0.002 0.002
Zinc,Zu mg/L 0.026 0.025

Wihtti�tgti�tt, N(; 2Hai15
S.11ltple Collection and Chain of'C'.ustody Phone: [phone]
/v C- - D 61 fiNo PAX: [phone]
Cl
I •> U
Collected By: - Report
a n pl ° : Influent. Effluent,Efflueut, `Nell ten &H, Other:
SAMPLE COLLECTION BOTTLE LAB P111:SER'VA'1'1ON ANALYSIS REQUESTED
IDENTIFICATION DATE TIME IU 1D NONE 1 SU IINO) MOW] -1.1110 U'I'1 fll
Z 1 - 3 x. 2-:3or' rL 4,1 A \,/ \"� coLi F-0
J-Q2 -- i 2c 2 = 'fir?-• l6
10
9 C L/�
Maximum Holding Time Between Collection and Analysis: BOD 81 , Coliiurm In Wastewater G Hours,
Coliform in Drinking Water 3D! 1-ialrs,
Transfer Relinquished Bp Datefl'hue Received By: Date/Time
1 `
2 ...
Received with Ice Water Chilled to 4*C: Yes No :LA �ce t9d:^ Rejected:
Delivered 13y: 1►.tin -�„1 �� , 4 IEt_Mt c Received Ry: f}11te: ' ,act Time
Comments:

_ T f
Environmental. Chemists, Inc.
116LL
MAMING ADDRESS. TELEPHONE: SHIPPING ADDRE`_
P.O.Box 1037 [phone](Office) 6602 ndmill Wa
CHEMISTS CONSULTING Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 2S480 (910)392-6A24(Fax) North Carolina 284C
I
RECEIVED
REPORT OF ANALYSIS
Customer: NCDEHNR-DWQ BY:
127 N. Cardinal Drive Ext.
Wilmington,NC 28405
Date Sampled: 03/25/97 Date of Report: April 4, 1997
Sampled By: Brian Wrenn Purchase Order A:
I
Report To: Rick Shiver Report Number_ 7-0796
Copy To: Brian Wrenn
Stream
PARAMETER #1859 Down 91860 Up
Fecal Coliforzn, co1oar-ie&/100ml 18 9
i'iitrate+Nitrite Nitrogen,NO3+NOz -N mg1L <0.02 0.05
Ammonia Nitrogen,NH3-N, mg/L 3.08 1.40
Total Kjeldahl Nitrogen,TKN mwL 3.50 1.96
Total Phosphorus,P mg(L 0.21 0.64

,., ..�. . . , .Au %-AA 1111,1juoI C), I1NL� 6602 Windmill Way
} r Wilmington, NC; 28411�
S111111lle Collection alld Chaill cat"Cotociv Phone: [phone]
FAX: [phone]
Cl • eE R x
ill d B • r't h !t r a• v
Sgn ► e 'l e: ln1 ► iL Effluent, el tresnt •I the
SAMPLE COLLECTION IIO LAB PI SERVA'1`IUIi ANALYSIS REQUESTED
IDENTIFICATION DATE TIhZE ID ID NONE 11,80, IIN03 NaOII TIIIU OTHER
'f Nj sus-. 3i 5t- jS.DU I l /�,C� A Ice Co h
r, C p c9 n r tij
• hn
2 1 n 1/
{
i
i
Maximum Holding Time Between Collection and Analysis: B011 48 11ours, Colilul•In in Wastewater G Ho rg,
Coliform in llrilllting Water 301-Iaurs,
Transfer Relinquished By: llate/'1'ilue Received By:' Daterl'ime
2
Received with 1 • Ynter Chilled t 4°C: Yes V No Acce7t d: Rejected:
Delivered Bel: Received (late:
Comment9: ` -- `-

Environmental Chemists, Inc.
envirochem—.'aA
MAII.INNG ADDRESS: TELEPHONE- SHIPPING ADDRESS
CONSUL'nING P.O.Box 1037 [phone](Office) 6602 Vrndrnill Wa-,
Wrightsville Beach. (910)392-=(Lab) Wilmington,
CHEMISTS North Carolina 28480 (910)392—424(Fax) North Carolina 2840,
REPORT OF ANALYSIS
Customer: NCDEHNR DWQ
127 N. Cardinal Drive Ext.
Wilmington,NC 28405
Date Sampled: 03/24/97 Date of Report: April 4, 1997
Sampled By: David Holsinger Purchase Order :
Report To: Rick Shiver Report Number: 7-0779
Copy To: David Holsinger
Streams: Carolina Bay
PARAMETER Sample Lab ID Sample ID Lab ID
ID 1831 A&B 1132 A& B
Feral Coliform, colonie&100ml NI 260000 N2 I 144
Nitrate+Nitrite Nitrogen,NO3+NO2 -N mgfl. N1 6.58 N2 I 0.08
Ammonia Nitrogen,NH3-N, mg/L N1 � 191 � N2 I 3.55
Total Kjeldahl Nitrogen,TKN mg/L F1 I 243 F2 I 5.13
Total Phosphorus,P mg/L Ni 33.4 N2 I 1.13

UUu'L Iv1lWnull Way
Wilmington, NC 28405
. , mple Collection and Cll,lin Of(119 dy Phoue: [phone]
FAX: [phone]
Client; ��-�F�N � - - ---- - -- --
Colleeted 13 t)C neport No: '��L?� 7—9
Stun ale '1 ie: 1111d11e1lL 111 el+t Well S :`slh soil Other.,
EiDE
SAMPLE COLLECTION BOTTLE LAII PRESERVATION ANALYSIS REQUESTED
NTII+ICATION DATE T'INIE ID ID NONE 11 SU 1INO N9011 'IT11Q OTHER
a A zy IT 1�'�� N a �N 7 E
4,30 73
L�
� r �
Maximum Bolding `flme Between Collection and Analysis: l3011 48 Holirs, Coliform In Wastewater G llourS,
Coliform in Drinldiig Water 30 Hours,
Transfer Relinquished By: Datefl'ime Received By: Date!'I'ime '
2 -
Received with ice 4Yat r C iilled to VCr Yes No Accel}j Vjd: Rejected:
Delivered 13y: t � Received 13y: � ate: 3 � �° Time: �51
Comments:
1 - -

aF CAROLIH4• INC gfoyV16.; 04 r.
NENIAU WASTE MAN SFMI Nl- SYSIEM
OPERATOR CHARGE
.l
D [I Y TLO-N_ FORM_
ANIMAL WASTE MANAGEMM SYSTEM:
.fix y�� } �j ~" - 2,y S �f l� t i fir;•j6'��
Y .` l'acg L�LiI 3eCI:l0" � +iaiP L`O[LU `11 d ` 1
s..to-��"t� ..•. -t " r1•'
•- -r..o...'.''. rkdf+lf*+�#�k#t**#�krlet#t*�F#*�tt7k�kt�s��l�!#it#�F**�l��t�K�F#t*#��***+**�klc#*#iK*7F�C,sL� ,�•*.?,t..
OPERATOR IN CHARGE
Home Mang Address nC
} � City 5 , State I- Zip
Certificarte it �C3��, Social Security �.•�:�-
>. _=° Work phone Rome pbone�= _
Sib to Date -�•� - ��.'.._,.-•"..
r
.-� - **#��****��**�k7kok�F#�k�R7l:ak*##�k�ic�e�e�ic�c4c�rei�r**+t�+t*t�,rMttt�l.i+*eik+ki�t`#t*# •' ,
State..,. r r! Zip �7 Telephone �--1/r7-J. - • ��i
Signature Dated ,7
ease MaH to: VR-C.7{1.fCC ;Ilfc: .Y-�f•��,Qr� �f�� .ram
Dhisian of Water Quality
P. O_Box 29535
Raleigh, N.O. Z7626-0535
e
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I
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RE
BY-
2551 EXUM RD. N.W.
ASH, NC 2B420
[phone]
APRIL 7 , 1997
Rick Shiver
Division. of Water Quality
Wilmington Regional Office
127 Cardinal Drive Ext .
Wilmington, NC 28405-3845
Dear Mr . Shiver,
This letter is in response to the notice of Violation for Carolina
Bay Farms received on April 4 . The discharge observed by DWQ on
March 24 was due to equipment failure while irrigating on March 23 .
Tie reel slipped out of gear and operated in the same place for
approximately one to two hours which caused pending and runoff .
When this was observed ,the ditch was blocked and the effulent
pumped back onto the field to mimimize any impacts . On Marcil 25,
irrigation did occur but runoff did not result . This was documented
by pictures which were signed by DWQ inspectors responding to the
complaint .
Since the visit from DWQ,Brown' s of Carolina staff and Harold Jones
of NRCS have been to the farm to provide +echriical 'assistance . .
Both advised filling in the low areas and constructing a berm to
prevent runoff in the envent of equipment failure . Ia1 addition,
when irrigating this particular area , the gun will not be pulled
out as close to the edge of the field as it has been in the past.
A designated operator in charge was submitted to DWQ on March27 .
A certified operator was employed by the farm but quit in January.
There have been no additional gasses offered to replace this
operator since then . As soon as the first class is offered ,additional
employees will attend .
The discharge that occured was a combination of equipment failure
and lack of close monitoring.When observed ,the discharge was immediatle
stopped and every effort was made to pump it back onto irragation
fields -Modifications to this field will be made as described above
to prevent further problems and much closer monitoring will be done .
We will also continue to receive technical assistance from both
Brown' s of Carolina and MRCS staff . - _ -

The operators , of Carolina Bay Farms,have made considerable efforts
to construct and manange the best possible production facility.
.We will continue to make every effort to assure a safe and
environmentally sound operation. If you have any questions ,please
call Pearly Vereen at 910-287-5474 or 910 287-3210.
Thank you for your consideration in this matter.
SINCERLY,
Milton R. Ward

u Er: i1 i�J tt i�f1 H - W0 Fax:[phone] Apr 16 197 9= 3 P.01f01
uCCJGt LIll�fll OT ��1V1fOr1rClErll, �
Health and Natural Resources 40
Givisicn of ',Hater Quality '
!,
James B. Hunt, -r., Governor
Jonathan S. Fcwes, Secretary ID
� �
A. Preston Hoavard, Jr., P.E., Director ' it
• 1
. 1
'rVAT'PR OU AL ITS'S"=ON
COMPLIANCE GROUP
PP.E T RE -.l-,AENI"GROUP
F-AX 1,TUti-S-FR,- [phone]
r i ECOPY TO:
r-Ax Nu IMBcER: �yl�� "� `�"�-�`��l_C)-r"`�r�
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P.Q. Box 29535, RaleioR. North Cantina 2762E-0535 i e!ephvne 919-733-:5033 FAX of 9-715-6048
EauaJ OppoLn:cy Af irmauve AcUon Empiover 5o'.: reeyci al ]c 4 acs.-canaurnerpzpur

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xM, OR
SWC.Animal Feedlot Opera>zfln Review 4
� f x �'anDWQ AAA1rnal Feedi4t i�pera>hon.Si
nspectlon. s
".-, -•- - . - -a ....c'. ..,..:. ..yam�- .;-. ....•. .-: -."..,, r -� . . .. ..
s=`
7 0 Routine 0 Complaint Q Follow-up of DWQ inspection O Follow-up of DSWC review 0 Other
Date of Inspection 3 ZS
Facility Number
Time of Inspection 11460 Use 24 hr. time
Farm Status: . .t ` Total Time (in hours) Spent onReview
- -- - - --- or Inspection (includes travel and processing)
Farm Naine: _. County:
Oevner 4aine: 1!l1 111lA� � lC � '# �r 11�CL._— _. _ Phone Ito:61 6 �aq2a-.--------
Mailing Address:,..�-� _—k_.... ..� ._..—--- �.... -- _ _ .. _ 1?i 4 1 .� i�1 sy 2g'.4.3—L..._...
.
Onsite Representative: 2_T!!;_N.P. Integrator:...�C&0615 .C�.... LCM—O(ie2a.
Certified Operator:_..------.�....._....... ___......................_ Operator Certification Number:
Location of Farm:
- fterl ............................................................... ....._4
�......_... _. _.....- __ ....m.... _., �— -- ---.._._.__�...._..�. _._.. - ..._ ._.•... ._...........................
�._.._.�}
Latitude Longitude
❑Not O eratianal Date Last Operated: .. _...., . . .-_..__,..
_...TTe of Operation and Design. Capacity
§ ti .3,r.1�°' ,�+� ?r..:7's c a y„a ,•a=' .w"- y��ppc
S Buie Number �porsltr3+� .. Numbert Gatti
©Wean to Feeder ❑Lay tµ >❑D
�_. au,
'El Feeder to Finish ❑Non- aver ❑Beef
r' Farrow to Wean x '
� � �
El Farrow to Feeder
; �M.. .... ,
Farrow to Finish 9 Other Type of Livestock
I•€umbeY of Uago d❑Subsurface Drains Present
❑Lagoon Area ❑ Spray Field Area
General
1. Are there any buffers that need maintenance/irnprovement? ❑Yes [%No
2. Is any discharge observed from any part of the operation? ❑Yes 12 No
a. If discharge is observed,was the conveyance man-made? ❑Yes ®No
b. If discharge is observed,did it reach Surface Water?(If yes,notify DWQ) ❑Yes ji�No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a Iagoon system? (If yes,notify DWQ) ❑Yes E'RNo
+. Is there evidence of past discharge from any part of the operation? (]Yes ❑No
4. Was there any adverse impacts to the waters of the State other than from a discharge? [3 Yes P)No
5. Does any part of the waste management system(other than lagoons/holding ponds)require ®Yes ❑No
maintenance/improvement?
Continued on back

6. Is facility not in compliance with any applicable setback criteria? ❑Yes [2 No y
7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/l/97)? ® Yes ❑No
S. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes ®No
Structures {Lagoons and/or Hoiding Pondsl
9. Is structural freeboard less than adequate? '91 Yes ❑No
Freeboard(ft): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4
............................. .,................-........._ .....---...... .............
10. Is seepage observed from any of the structures? ❑Yes N No
11. Is erosion, or any other threats to the integrity of any of the structures observed? T Yes ❑No
12. Do any of the structures need maintenance/improvement? ®Yes ❑No
(If any of questions 9-12 was answered Fes, and the situation poses an
immediate public health or environmental threat,notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels? ❑Yes ®No
Waste Application
14. Is there physical evidence of over application? Yes ❑No
(If in excess of WIvIP, or runoff entering ureters of the State,notify DWQ)
15. Crop type � �.- ►lt {?, ---_...—.....- -•------ ................
r�tC...___.
16. Do the active crops differ with those designated in the Animal Waste Management Plan? ❑Yes NO
17. Does the facility have a lack of adequate acreage for land application? ❑Yes N No
18. Does the cover crop need improvement? ❑ Yes 19 No
19. Is there a lack of available irrigation equipment? ❑ Yes El No
For Certified Facilities Only.
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑Yes ®No
21. Does the facility fail to comply with the Animal Waste Management Plant in any way? ( Yes ❑;Io
22. Does record keeping need improvement? Yes ❑No
23. Does facility require a follow-up visit by same agency? + Yes ❑No
24. Did Reviewer/Inspector fail to discuss reviewhaspection with owner or operator in charge? ❑Yes ]NO
Cb ert'(f�p�r tt �x Taut attsw + � uato ye�otnmems
Ow
una
Soma +oa k spilt. ;o s��}e Akv- Veree.r, rat; Nr,
we-site 1otQ CVL itin 4-0 5 vymy �e 0S. l W'. �lr-reir �7v�ej U W o� 4 f
e r)S � 5 � tS40. re QD.1sf excesS;Ve �orj�n3 bA ,no r[)AO 4_ XJv►sect Akr. e'er
on yeas.
irAm a%h, See_ ins�et4cr, 4rrn " 317O/q7
a
Reviewer/Inspector Name Y
Reviwer/Inspector Signature: Date: , 9
,c Division of Water Quality, Water Qualiy Section, Facility Assessment Unit 11/14/96

" t�, "&�„�. ..' ;,' '""g-:d '^-' sv:C> '^id5.a -��y '..,• - .+_.. .. ,•.w ; r x I
{ fr Q DSWG Animal Feedlof0 eratinn Revl ew "
a '
T1W■�/■ �inimai FeedloOK erat�nn Site.Ins ecton `'
O Routine Complaint Q Follow-up of DWQ inspection 0 Follow-up of DS'VVC revie-w Q Other
Date of Inspection
Facility dumber Time of Inspection JZ:30= Use 24 hr. time
Farm Status: 1 Total Time (in Hours) Spent onRe`ieiv ,
or Inspection (includes travel and processing)
Farm iV'a2zie: � ........_........... .+�.. ...�!�.:�....�:1..._...................._ ...............
....
Owner Natne: . ► 4`�rt !1F_ . W— _ Photte No:
Mailing Address:
Onsite Representative:�L.r ' er�% ` . lntegrator:. (I�
Certified Operator: Operator Certification Number:..,_....
_._ .----
Location of Farm:
Latitude �•�� �� Low-itude
❑ Not O erationaI Date Last Operated:
rype of Operation and Design Capacity
Stviii � ilTtimiS 'Poultry v Number Cattle 'Nuatber. s
t
❑Wean to Feeder ❑ Laver I ❑ Dairy yv ,
❑Feeder to Finish ❑Nan-Laver ❑ Beef 'x
Farrow to Wean 1
Farrow to Feeder zl_.;
Farrow to Finish Cher Type of Livestock
_—
77-
r,.. :
umbel ofL'agoong- Holding Pondr ❑Subsurface Drains Present
❑Lagoon Area „❑Spray Field Area General
1. Axe there any buffers that need maintenance/improvement? 0 Yes ❑No
2. Is any discharge obsen ed from any pan of the operation? 9 Yes ❑No
a. If discharge is observed, was the conveyance man-made? ❑Yes ®No
b. If discharge is observed,did it reach Surface Water?(If yes,notify DWQ) ❑Yes ®No
c. If discharge is observed, what is the estimated flow in ga.ilmia?
d. Does discharge bypass a lagoon system? (If yes,norify DWQ) El Yes 0No
.1. Is there evidence of past discharge from any part of the operation? 10 Yes ❑No
~ 4. Was there any adverse impacts to the waters of the State other than from a discharge? kf Yes ❑No
5. Does any part of the waste management system (other than lagoons/holding ponds)require ❑Yes If No
maintenance improvemcni?
Continued on girl'

6. Is facility not in compliance with any applicable setback criteria? ❑Yes ENo
7. Did the facility fail to have a certified operator in responsible charge(if inspection after l/l/97)? ❑Yes [RNo
S. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes EzNo
Structures (Lagoons and/or Holding Pondsl - -
9. Is structural freeboard less than adequate? ❑Yes ,9No
Freeboard(ft): Lagoon. 1 Lagoon 2 Lagoon 3 Lagoon 4
10. Is seepage observed from any of the structures? ❑Yes ONO
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑Yes 0`No
12. Do any of the structures need maintenance/improvement? 0 Yes ❑No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat,notify DWQ)
13. Do any-of the structures lack adquate markers to identify start and stop pumping levels? Yes ❑No
Waste Application
14. Is there physical evidence ofover application? El Yes ❑No
(If in excess of W VT,or runoff entering waters of the State,notify DWQ)
15. Crop type
16_ Do the active crops differwith those designated in the Animal Waste Manag-=- t 1!an? ©Y i:n
17. Does the facility have a lack of adequate acreage for land application? ❑Yes O-No
18. Does the cover crop need improvement? ❑Yes (]�No
19. Is there a lack of available irrigation equipment? ❑Yes K No
For Certified Facilities Oniv
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑Yes No
21. Does the facility fail to comply with the Animal.Waste Management Plan in any way? Yes ❑No
22. Does record keeping need improvement? (jYes ❑No
23. Does facility require a follow-up visit by same agency? (Z Yes ❑No
24. Did Reviewepgnspector fail to discuss review/inspection with owner or operator in charge? ❑Yes $(No
Canunentsi re er to on- -� "�atn an ;""�` .gran xeccimmcnc3at<ons�o�aa othertommenfs.� k =
drawsnggs ffac�tf�►tobetterrx£rlatn:st�li�attunsi add�anai;�a�esas�tecessaryJ � •� '� - ate
yv p
�k. (/1s5+.�a G� fj�S✓ 1'�'�/ �s+.� �!J lJ'rS sr'a"iG+Z Y�,[!�� �] A�`�l �f
Reviewer/Inspector Name
Reviwer/Inspector Signature: Date:
cc: Division of Water Oualio!, Water Quality Secrion, Facility.-assessment Unit

DIVISION OF ENVIRONMENTAL MANAGEMENT
Wilmington Regional Office
Water Quality Section
July 25, 1997
TO: Shannon Langley,
Compliance Group
THROUGH: Rick Shiver,
Regional Supervisor
FROM: David Holsinger,
Environmental Engineer
SUBJECT: Enforcement Report Addendum
Carolina Bay Farm # 10-21
Case. WP 97-003
Brunswick County
Please find attached information pertaining to enforcement actions recommended for the
Carolina Bay Swine Farms by the Wilmington Regional Office. Mr. Milton Ward and Mr_
Pearly Vereen operate a swine animal operation located near Exum, in Brunswick. County.
Carolina Bay Farms has received a Notice of Violation and a Notice of Recommendation for
Enforcement following documented violations including the discharge of animal waste to
waters of the state in March of 1997.
On May 30, 1997, in response to another complaint, staff from the Wilmington Regional
Office visited Carolina Bay Farms. Staff observed that the facility was irrigating waste at that
time contrary to instructions by Division staff and in violation of the rules. The fields in which
Mr. Vereen was irrigating were in an unacceptable condition for the application of waste. In
addition, the facility was operating the waste system without a certified operator in charge. As
a result, excessive ponding was observed in a spray field adjacent to the field being utilized at
the time of the inspection. Mr. Vereen stated that he had "sprayed in the adjacent field for a
couple of hours that morning." Fortunately, no runoff was observed from the field at that
time. Mr. Vereen was asked to pump the ponded waste to the back area of the fields to reduce
the risk of another discharge.
If you have questions or would like more information, please advise.
attachments
cc: Bob Sledge, Compliance Unit
Rick Shiver, Regional Supervisor
Wilmington Files
S:\WQS\DAVF-H\BRLTNSWIC\10-2l.ADD

�STnrF a
N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
COMPLAIATT/EMERGENCY REPORT FORM
WILMINGTON REGIONAL OFFICE
Received her_- �,.��� t�_� r��5 � ✓���;,F f��ate/Tune: �/j �ilk/ �� �/� �`�r;•.,
r9ency: Ccopl.aint: t� County:
Report Received Ftr=.
Agency: /-,)- Phffie No.
Coapla li mnt:
Address: ,-j A,- Phone No.
e- }
Cclaint Or Trtridellt: _ _C� C)g 1 �`� �J/r Cam: l✓ tiY ,
_ 1 U
Time and Date Occurred:
Location of Area. Affected: t c=/•✓c%r� i 3. r-A• <vt f�' }
Surface Waters Involved., N)A- Groundwater Involved: +f�{ 4`Other:
Other Agencies/Sectiorn Notified:
Investigaticu Details: Iv1 e n Lj
e1C eS i 1,1,°. ^ . I;n�I� cty r.cJ`�Grrc �[lr` Jf". etc �!1..� CVL, i'r
f�
-el) � Ve;lf4Y\ 4`�AIJ A, kor] e")o'1,Pr)
� r �E CGS t , 4'-CLrS',
t-yti(i.1 Ly�r!{M'��1 � ;�p �vr:�5 y1G �'Ur1GC #' �rDrn 7'tn t �c���,Ue ►L .�,�c_
t
lnvvestigator. ,1 L Wa-yl rry JAL _
EPA Region N(404)347-4M2 Pesticide:733-3556 Ennergency Managonent 733-3867 StitT c Reraur=733-724i
Solid and Hazardous Waste 733-2178 Marine F`itheries 726-7021 Water Supply Branch 733 2321 L'.S. Coast Guard MSO 313-1881
127 Cardinal Drive Extension, Wilmington. N.C.28405-3845 • Telephone [phone] • Fax [phone]t34
An Equal Opportunity Affirmative Action Employer

z _
2551 EXUM RD. N.W.
ASH, NC 28420
[phone]
APRIL 7, 1997
Rick Shiver
Division of :dater Quality
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Dear Mr. Shiver,
This letter is in response to the notice of violation for Carolina
Bay Farms received on April 4 . The discharge observed by DWQ on
March 24 was due to equipment failure while irrigating on March 23 .
The reel slipped out of gear and operated in the same place for
approximately one to two hours which caused ponding and runoff .
When this was observed ,the ditch was blocked and the effulent
pumped back onto the field to mimimize any impacts . On March 25 ,
irragation did occur but runoff did not result. This was documented
by pictures which were signed by DWQ inspectors responding to the
complaint.
Since the visit from DWQ,Brown ' s of Carolina staff and Harold Jones
of NRCS have been to the farm to provide technical assistance . -
Both advised filling in the low areas and constructing a berm to
prevent runoff in the envent of equipment failure. In addition,
when irrigating this particular area , the gun will not be pulled ,
out as close to the edge of the field as it has been in the past .
A designated operator in charge was submitted to DWQ on March27 .
A certified operator was employed by the farm but quit in January.
There have been no additional classes offered to replace this
operator since then. As soon as the first class is offered , additional
employees will attend.
The discharge that occured was a combination of equipment failure
and lack of close monitoring .When observed , the discharge was immediatley
stopped and every effort was made to pump it back onto irragation
fields .Modifications to this field will be made as described above
to prevent further problems and much closer monitoring will be done .
We will also continue to receive technical assistance from both
Brown ' s of Carolina and NRCS staff.

The operators of Carolina Bay Farms ,have made considerable effox
to construct and manange the best possible production facility .
We will continue to make every effort to assure a safe and
environmentally sound operation. If you have any questions,plea-
call Pearly Vereen at 910-287-5474 or 910 287-3210.
Thank you for your consideration in this matter.
SINCERLY ,
Milton R. Ward

. ► RECEIVE
1W BY:
2551 EXUM RD. N.W. `
ASH, NC 29420
[phone]
Mr. Rick Shiver
NCDEHNR
127 Cardinal Dr. Ext .
Wilimington , N.C . 28405
Dear Mr. Shiver,
Thank you for sending our company notification of your consideration
of recommendation for enforcement action. We received your letter 5/20/97 ,
and appreciate the oppetunity to respond ..
First let me assure you that Carolina Bay Farms LLC is a professionally
operated and maintained production facility . We accept nothing less then
100% compliance with regulations & standard operating practice . To that
end we have , and will cooperate fully with state and local agencies to
assure the best operation possible .
Reguarding discharge of wastewater : two events occured which resulted
in a small amount of wastewater running into a road ditch beside a spray
field . Neither event could have been predicted by farm managment . The
first event was due to an extremely heavy rain shower unforcasted and
unforseen, comming after application . The second event ,unrelated to the
first , was due to mechanical failure of the irrigation reel .Wasterwater
was promptly contained in the ditch and pumped back onto the spray field .
We do not believe that any wastewater flowed beyond the shallow road
ditch, into a tributary of the Juniper Creek or Green Swamp.
Reguarding the operater in charge; our company had an employee,
certified at the first possible training course in 1996 . That employee
subsequentllj resigned this position with Carolina Bay Farms . Our incuiries
indicated that certification training classes would be held once a year
in the fall . Since that time we have asked and had made avilable to us a
certification training class . Several employees and owners of Carolina
Bay Farms are attending that class this week (may 20 & 22 ) .They will
take the state test at the first avilable date .
In addition to the above imformation, we would also Like you to know
that we have consulted with Mr . Dave Holsinger of your office , Mr . Harold
Jones of the Brunswick County Soil & Conservation office, and envionmental
experts from Browns of Carolina . We have already complied with all
recommendations made by these experts and have completed modifications
to the spray field involved .

All of these actions have been taken to help assure that even
unforseen and extraordinary circumstances will not result in futher
runoff.
Thank you very much for your consideration of these facts and
details. We will tontine to strive to be a completely environmentally
sound operation.
Sincerly
Milton R. Ward
enclosure;Letter from Carolina Bay Farms LLC dated 4/7/97
r

JRW
` J
renviroehe7m , Environmental Chemists, Inc.
MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
—.09A CONSULTING P.O.Box 1037 [phone](Office) 6602 Windmill Way
CHEMISTS Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 2M5
RECEIVED
REPORT OF ANALYSIS APR 0 7 1997
Customer: NCDEHNR-DWQ BY:
127 N. Cardinal Drive Ext_
Wilmington,NC 28405
Date Sampled: 03/25/97 Date of Report: April 4, 1997
Sampled By: Brian Wrenn Purchase Order#:
Report To: Rick Shiver Report Number: 7-0796
Copy To: Brian Wrenn
Stream
PARAMETER #1859 flown #1860 Up
Fecal Coliform,coloniesflMml 18 9
iiirate+Nitrite Nitrogen, NO3+NO2 - N mg/L ¢0.02 0.05
Ammonia Nitrogen, NH3-N, mg/L 3.08 1.40
Total Kieldahl Nitrogen, TKN mg/L 3.50 1.96
Total Phosphorus,P mg/L 0.21 0.64
i

ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way �
Wilmington, NC 28405
® Sample Collectim and Chain of C_ustod'� Phone: [phone]
Nqqm1WFAIL: (91Q)392-4244
li nt: + C � Hr_ .La It/vA
Collected By: Bch r Report NQ• U /
.,m I T e: Influent, Effluent, W:.! tr an1' it h r..
SAMPLE COLLECTION BO LAB PRLSERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE TIME IDL ID NONE I s0 HNO Na011 TrU101 OTHER
}5-'& Ftj % A V, cr- Frcrl Co w-
s . i� v
Maximum [tolding Time Between Collection and Analysis: BOD 48 Hours, Coliform in Wastewater 6 Hours,
Coliform in Drinking Water 30 Hours,
Transfer Relinquished By: Daterl'ime Received By: Date/Time
2
Received with [ Vater Chilled t 4°C: Yes No 2 Accept d:_ Rejected:
Delivered 13v: Received l3 Ti me:
Comments:

Environmental Chemists, Inc.
ochem
® MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
CONSULTING P.O.Box 1037 [phone](Office) 6602 Windmill Way
CHEMISTS Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 28405
REPORT OF ANALYSIS
Customer: NCDEHNR-DWQ
127 N. Cardinal Drive Ext.
Wilmington,NC 28405
Date Sampled: 03/24/97 Date of Report: April 4, 1997
Sampled By: David Holsinger Purchase Order 4:
Report To: Rick Shiver Report Number: 7-0779
Copy To: David Holsinger
Stream: Carolina Bay
PARAMETER Sample Lab ID Sample ID Lab ID
ID 1831 A&B 1.832 A&B
Fecal Coliform,coloniesl100ml Ni 260000 �` N2 144
Nitrate+ Nitrite Nitrogen,NO3+ NO2 -N mg/L Nl 6.58 N2 0.08
Ammonia Nitrogen,NH3-N, mg/L Ni 191 N2 3.55
Total Kjeldahl Nitrogen, TKN mg/L -F1 N a, 243 E 5.13
Total Phosphorus,P mg/L Nl T-33.4 N2 1.13

ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way
�.enviroelhen Wilmington,NC" 28405
Sample Collection and Chain of Custody Phone: [phone]
FAX: [phone]
Client:
Collected By: 15 1/0 GyFig—, Report No: 7—_ 2 7
Sam le '1' e: In-fluent, Effluent Well n Soil, Other:
SAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE TINVIE ID ID NONE I SOS HNO, I NaOH[ 1 11110 OTHER
P- l,Y A , ,a zy /Rfa N 1 � ok)V'4� �r t
1 i-(� ,,11 A ( '3o
Maximum Holding Time Between Collection and Analysis: BOD 48 Hours, Coliform in Wastewater 6 Hours,
Coliform in Drinking Water 30 Hours,
Transfer Relinquished By: Datel 'ime Received By: Date/Time
1 �
2
Received with Ice Wat r Chilled to 4°C: Yes No A Acce gd: effected:
Delivered 13y: Received 13y: ))ate: 3 `rime:
--
Comments:

Environmental Chemists, Inc,
envirochem
MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
CONSULTING P.O.Box 1037 [phone](Office) 6602 Windmill Way
CHEMISTS Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 2W5
REPORT OF ANALYSIS
Customer: NCDEHNR-DWQ
127 N_ Cardinal Drive Ext.
Wihningtan,NC 28405
Date Sampled: 03/24/97 Date of Report: April 4, 1997
Sampled By: David Holsinger Purchase Order#:
Report To: Rick Shiver Report Number: 7-0779
Copy To: David Holsinger
Stream: Carolina Bay
PARAMETER Sample Lab ID Sample ID Lab ED
ID 1831 A&B 1832 A&B
Fecal Coliform,colonies/100m1 N1 260000 N2 144
Nitrate+Nitrite Nitrogen,NO3+NO2 -N mg/L N1 6.58 N2 0.08
Ammonia Nitrogen,NH3-N, mg/L N1 191 N2 3.55
Total Kjeldahl Nitrogen, T'KN mg/L F1 243 F2 5.13
Total Phosphorus,P mg/L N1 33.4 N2 1.13

7ENVIRONNIEWAL CH EMIS'I'S, 1NC 6602 Windmill Way
—71 1 Wilmington, NC 28405
Sample Collection and Chain of Custody Phone: [phone]
FAX: [phone]
Client: _
Collected By: - -Report No:
In le '1 e• Influent. EMMMb Well., Soil, Other:
SAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE TIME ID ID NONE ilzSO HNO, Noon TRIO OTHER
4p
E,h� } 3 �'
Maximum Holding Time Between Collection and Analysis: BOO 48�r , Colitorm in Wastewater 6 flours,
Colitorm in Drinking Water 30 Hours,
Transfer Relinquished By: Dater ime Received By: Date/Time
1 t
2
Received with Ice WatiQr Chilled to VC: Yes No Accept d• ejected:
Delivered 13y: Received By: Date: 3 'Time:
Comments:
t

OPERRTIONSS BPRMCH - WO Fax:[phone] Apr 16 '97 9:33 P.01/01
utjpcal IIUrll OT Cnvironment,
Health and Natural Resources � �
4
Divisicn of 'Water Quality � I
I
P
James B. Hunt, -'r., Governor
Jonathan B. Hewes, Secr-Mary I
A,. Preston Houvard, Jr., P.'= Director ` .
_ I
"117T ;Q-UAL T-v S-=CTIO-N
CCIYIPL NNE C3 ROUP I
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PRETREPAI ENT GROUP
FAX tTJi`'f EI ' [phone] l
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P.Q. Box 29535. Ralerpd, NQnh Carafina 2762E-0535 ti ele.ohone 919.733-5-083 FAX [phone]
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PVVN
State of Forth Carolina
Department of Environment,
Health and Natural Resources •
Division of Wafter Quality
James B. Hunt, Jr., Governor [D a H N
Jonathan B. Howes, Secretary
A. Preston Howard,Jr., P.E., Director
CERTIFIED MAIL #
RETURN RECEIPT REQUESTED
Mr. Milton Ward
Carolina Bay Farms
2551 Exum Road N.W.
Ash, NC 28420
Subject: NOTICE OF CIVIL PENALTY ASSESSMENT
Failure to Follow or Implement Waste Management Plan
As Per 15A NCAC 2H .0217(d)
WP 96-
Facility Number 10-21
Brunswick County
Dear Mr. Ward:
This letter transmits a Notice of Civil Penalty Assessment of$ for failing to
follow or implement your approved animal waste management plan. This failure is a violation
of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section
.0217(d).
This assessment and notice is based on the following facts: On March 20 1997, staff
from the Wilmington Office of the Division of Water Quality inspected your animal operation
and the lagoon(s) serving this operation. A discharge of wastewater was observed due to over-
application, excessive ponding and runoff from a spray field which had entered an unnamed
tributary leading to Juniper Creek and the Green Swamp, both "C-Swamp" waters of the state.
On March 24, 1997, in response to a complaint, staff again visited the operation and observed
excessive ponding of waste and wastewater running off of the same spray field into the right of
way ditch of NCSR 1340. On March 25, 1997, in response to a second complaint, staff
visited the operation and observed wastewater running off of the spray field into the right of
way ditch of NCSR 1340. In addition, it was found that no certified "Operator in Charge"
existed for this operation. All of these incidents were due to separate spray application events
over several days and are violations of the animal waste rules (15 A NCAC 2H .0200) and
your certified waste management plan.
Therefore, I conclude, Carolina Bay Farms, violated or failed to act in accordance with
the requirements of 15A NCAC 2H .0217(d) and is subject to a civil penalty pursuant to
N.C.G.S. 143-215.6A(a)(6). Therefore, I hereby assess Carolina Bay Farms a $ civil
penalty for this violation pursuant to G.S. 143-215.6A(h).
P.Q. Box 29535, N'A
�; FAX [phone]
Raleigh,North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone [phone] - 500%recycles/10%post-consurner paper

Mr. Milton Ward
Page 2.
Within thirty days of receipt of this notice, you must choose one of the three following
options concerning the civil penalty assessment:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
P.O. Box 29535
Raleigh, North Carolina 27626-0535
2. Submit a written request for remission or mitigation including a detailed
,justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
2 82.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535

Mr. Milton Ward
Page 3.
I
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request
an administrative hearing. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes,
and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North
Carolina 27611-7447. A copy of the petition must be served on the Department as follows:
Office of General Counsel.
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611
Failure to exercise one of the options above within the (30) days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for future
violations which occur after the review period of this assessment.
If you have any questions concerning this matter please do not hesitate to contact either
Rick Shiver, Water Quality Regional Supervisor for our Wilmington Regional Office at (910)-
395-3900 or Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Harold Jones, Brunswick County Soil and Water Conservation
Robert Odett, Brunswick County Health Department
Brian Gannon, NC DSWC
Compliance/Enforcement File
Wilmington Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
Wilmington Regional Office
Water Quality Section
July 25, 1997
TO: Shannon Langley,
Compliance Group
THROUGH: Rick Shiver,
Regional Supervisor
FROM: David Holsinger, -
Environmental Engineer
SUBJECT: Enforcement Report Addendum
Carolina Bay Farm# 10-21
Case: WP 97-003
Brunswick County
Please find attached information pertaining to enforcement actions recommended for the
Carolina Bay Swine Farm by the Wilmington Regional Office. Mr. Milton Ward and Mr.
Pearly Vereen operate a swine animal operation located near Exum, in Brunswick County.
Carolina Bay Farms has received a Notice of Violation and a Notice of Recommendation for
Enforcement following documented violations including the discharge of animal waste to
waters of the state in March of 1997.
On May 30, 1997, in response to another complaint, staff from the Wilmington Regional
Office visited Carolina Bay Farms. Staff observed that the facility was irrigating waste at that
time contrary to instructions by Division staff and in violation of the rules. The fields in which
Mr. Vereen was irrigating were in an unacceptable condition for the application of waste. In
addition, the facility was operating the waste system without a certified operator in charge. As
a result, excessive ponding was observed in a spray field adjacent to the field being utilized at
the time of the inspection. Mr. Vereen stated that he had '"sprayed in the adjacent field for a
couple of hours that morning." Fortunately, no runoff was observed from the field at that
time. Mr. Vereen was asked to pump the ponded waste to the back area of the fields to reduce
the risk of another discharge.
If you have questions or would like more information, please advise.
attachments
cc: Bob Sledge, Compliance Unit
Rick Shiver, Regional Supervisor
Wilmington Files
S:\W QS\DAVEH\BRLNS WIC\10-22.ADD

State of North Carolina
Department of Environment, f
Health and Natural Resources •
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 9, 1997
CERTIFIED MAIL P 057 082 825
RETURN RECEIPT REQUESTED
Mr. Milton Ward
2551 Exum Road
Northwest, North Carolina 28420
Subject: NOTICE OF RECOMAMNDATION FOR ENFORCEMENT
Carolina Bay Farm
Exum, N.C.
Brunswick County
Dear Mr. Ward:
This letter is to notify you that the Wilmington Regional Office of the Division of Water
Quality is considering submittal of a recommendation for enforcement action to the Director of the
Division of Water Quality. The recommendation concerns violations of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). On March 20, 24, and 25, 1997,
staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and
the lagoon(s) serving this operation. Discharges of wastewater were observed due.to over-application,
excessive ponding and runoff from a spray field which had entered into the highway right of way ditch
of NCSR 1340 and continued into an unnamed tributary leading to Juniper Creek and the Green Swamp,
both "C-Swamp" waters of the state. In addition, it was found that no certified "Operator in Charge"
existed for this operation. All of these incidents were due to separate spray application events over
several days and are violations of the animal waste rules and your certified waste management plan.
If you have an explanation for this violation that you wish to present, please respond in
writing to me within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if
an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with
the enforcement package for his consideration.
If you have any questions concerning this matter, please contact Mr. David Holsinger, or
myself at the Wilmington Regional Office at [phone].
Sincerely,
�S VAT—
Rick Shiver, P.G.
CC' Compliance Section Regional Supervisor
Wilmington Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
_ 1

State Of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes
Governor Water Quality Section Secretary
May 9, 1997
MEMORANDUM
TO: Bob Sledge, Environmental Supervisor
Water Quality - Compliance
FROM: Rick Shiver, Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Carolina Bay Farm
Facility Number: 10-21
Brunswick County
Attached please find the subject enforcement report which was prepared by Mr. David Holsinger of
the Wilmington Regional Office. The report concludes that Carolina Bay Farm violated Title 15A NCAC
2H .0217, by allowing excessive ponding, runoff and the discharge of animal waste from a land application
system to surface waters. In addition, it Was found that no certified "Operator in Charge" existed for this
operation. All of these incidents were due to separate spray application events over several days and are
violations of the animal waste rules (15 A NCAC 2H .0200) and it's certified waste management plan.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS 143-215.6A
(a)(6).
If you have any further questions, please contact me at 910-395-3900.
ATTACHMENTS
S AWQS\DAVEHIBRUNSWlC110-21-MEM
cc: Dennis Ramsey
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,N.C.2W5-3845 0'telephone [phone]W 0 Fax [phone]
An Equal opportunity Affirmative Action Employer

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
File No. WP96
IN THE MATTER OF )
CAROLINA BAY FARMS )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H. 0200 ) CIVIL PENALTIES
)
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Bay Farms operates a concentrated swine animal operation in Brunswick
County.
B. Carolina Bay Farms was deemed permitted on February 1, 1993, in accordance with
15A NCAC 2H .0217 by submitting a Animal Waste Management Plan Certification
form.
C. On March 20, 24, and 25,1997, DWQ staff observed the excessive ponding, runoff
and discharge of wastewater from the Carolina Bay Farms, to an unnamed tributary
of Juniper Creek and Green Swamp, which are Class "C-Swamp" Waters of the
state.
D. Carolina Bay Farms had no valid permit for; and failed to follow or implement an
approved waste management plan by engaging in the above described activities.
E. The cost to the State of the enforcement procedures in this matter totaled $912.61
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms is a corporation organized and existing under the laws of the
State of North Carolina.
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217(a).
C. An animal waste management plan for this animal waste management system is
required in accordance with I5A NCAC 2H .0217 ans G.S. 143-215.1.

D. Juniper Creek and Green Swamp constitute waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).
E. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1),which is a violation of the nondischarge permit.
F. Application of wastewater above specified agronomic rates is a violation of the
animal waste management plan in accordance with 15A NCAC 2H .0217(d).
I
G. Carolina Bay Farms may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person who violates any
classification, standard, limitation, or management practice established pursuant to
G.S. 143-215.1. OR 143-215.6A(a)(2) for failing to act in accordance with the
terms, conditions or requirement of a permit.
H. The State's enforcement costs in this matter may be assessed against Carolina Bay
Farms pursuant to G.S. 143-215.3(a)(9) and G.S_ 143B-282.1(b)(8).
I. The Director, Division of Water Quality,pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms is hereby assessed a civil penalty of-
for discharging wastes to the waters of the State which is a
violation of 15A NCAC 2H .0202 and NCGS 143.215.1(d).
$ for failing to follow or implement the approved animal waste
management plan, which is a violation of 15A NCAC 2H
.0217 (d).
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 912.61 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors Iisted in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Water Quality Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E., Director
Division of Water Quality
SAWQSIDAVEH1BRUNS WIC\10-2I.FDS

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK
File No. OV
IN THE MATTER OF )
CAROLINA BAY FARMS )
FINDINGS AND DECISION
FOR VIOLATIONS OF ) AND ASSESSMENT OF
NCAC 2H. 0224 (a) BY FAILING TO ) CIVIL PENALTIES
EMPLOY AN APPROPRIATELY )
CERTIFIED OPERATOR IN )
RESPONSIBLE CHARGE OF AN )
ANIMAL WASTE MANAGEMENT
SYSTEM )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Bay Farms is a corporation organized and existing under the laws of the
State of North Carolina.
B. Carolina Bay Farms operates a concentrated swine animal operation in Brunswick
County.
C. Carolina Bay Farms was deemed permitted on February 1, 1993, in accordance with
15A NCAC 2H .0217.
D. As of January 1, 1997, a certified operator in responsible charge is required to
operate the subject animal waste management system in accordance with 15 A
NCAC 2H .0224 (a).
E. Carolina Bay Farms failed to employ an appropriately certified wastewater
treatment operator in responsible charge of the subject animal waste management
system.
F. The cost to the State of the enforcement procedures in this matter totaled $912.61
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms is a corporation organized and existing under the laws of the
State of North Carolina.
B. Carolina Bay Farms above cited failure to employ an appropriately certified
wastewater treatment operator in responsible charge of the subject wastewater
treatment facility violated 15A NCAC 2H .0224 (a).
C. Carolina Bay Farms 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 teri thousand
dollars ($10,000.00) per violation may be assessed against a person who violates or
fails to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143 -215.1.
D. The State°s enforcement costs in this matter may be assessed against Carolina Bay
Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
E. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h),has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms is hereby assessed a civil penalty of
$ for violating 15A NCAC 2H .0224 (a) by failing to employ an
appropriately certified wastewater treatment operator in
responsible charge of the subject animal waste management
system.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 100.00 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Water Quality Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
i
(Date) A. Preston Howard, Jr., P.E., Director
Division of Water Quality
S:\WQS\DAVEH\BRLfNSWIC\10-21.OVS

Division of Water Quality
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (wp, ov)
violator: Carolina Bay Farms
Address : 2551 Exum Road. N.W.
Ash, North Carolina 28420
Regional Office: Wilmington
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:
The discharge of animal waste displayed in stream
fecal coliform bacteria levels of 250, 000 colonies
per 100 ml . This represents a level 625 times greater
than the assigned stream standard. Levels of other
constituents found were as follows :
Ammonia Nitrogen, NH3-N 30 . 20 mg/L
TKN 36 . 80 mg/L
NO3 + NO2 0 . 28 mg/L
Total R 4 . 60 mg/L
2 . The duration and gravity of the violation:
On March 20, 1997, a discharge of wastewater was
observed due to over-application, excessive ponding and
runoff from a spray field which had entered an unnamed
tributary leading to Juniper Creek and the Green Swamp,
both "C-Swamp" waters of the state . On March 24 , 1997,
in response to a complaint, staff again visited the
operation and observed excessive ponding of waste and
wastewater running off of the same spray field into the
right of way ditch of NCSR 1340 _ On March 25, 1997, in
response to another complaint, staff visited the
operation and observed wastewater running off of the
spray field into the right of way ditch of NCSR 1340 .
In addition, it was found that no certified "Operator
in Charge" existed for this operation. All of these
incidents were due to separate spray application events
over several days and cannot be solely attributed to an
equipment failure on March 23 , 1997 .

1
3 . The effect on ground or surface water quantity or
quality or on air quality:
The effects to groundwater and air were not documented.
Water quality was impacted as determined by water
quality analysis .
4. The cost of rectifying the damage:
The cost to rectify cannot be easily estimated. The
unnamed tributary is classified as "C-Swamp" waters of
the State . Typically waste discharged into a receiving
stream is found to have very high levels of pathogens
(i .e . , fecal coliform bacteria) , ammonia and nutrients.
No equipment at the operation was in need of repair.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance is not
known. However, employing a certified operator,
utilizing proper waste application techniques and
monitoring the system require some expenditure of the
operators time . Land is available for irrigation.
An acceptable cover crop was observed at the time .
6 . Whether the violation was committed willfully or
intentionally:
The violation should be considered willful . The
manager did not notify the Division when he discovered
the discharge. In addition, no information concerning
any problems or discharge was given to DWQ staff until
the discharge was found. The manager, Mr. Vereen
stated that he was certified to operate the waste
system. However, upon further investigation it was
found that no Operator in Responsible Charge (OIC)
existed for this operation. Due to the amount of waste
observed in stream, the ponded wastewater and the
duration of the violations, the evidence indicates that
the violations were the result of a complete lack of
"due care" in operation of the waste management system.
On March 20 and 24, Mr. Vereen was asked not to spray
into the front portion of the spray field due to the
nature and condition of the soils . On March 25, it was
found that waste was again being applied to this field
contrary to the Division request and that waste

1
remained in the Road ditch. On March 25 , 1997, Mr.
Vereen was informed that Carolina Bay Farms could not
operate it' s spray irrigation system until an OIC was
properly designated and DWQ notified him of it' s
i
acceptance . On April 14 , 1997, staff received
information that Carolina Bay Farms was continuing to
spray irrigate with out having received proper
notification. This was confirmed in a telephone
conversation with Carolina Bay Farms . On April 16,
1997, Carolina Bay Farms received a faxed notification
of it' s OIC' s acceptance.
7 . The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority: No prior record exists .
8. The cost to the State of the enforcement procedures:
The State ' s enforcement costs totaled $912 . 61, as
follows :
Staff
Holsinger, 12 . 0 hrs . $196 . 02
Holsinger, 5 . 5 hrs . $ 97 . 35
Wrenn, 6 . 0 hrs . $106 . 20
Mileage ( 115 miles@ $0 . 31 per mile) $ 35 . 65
Photography (film & Development) $ 18 . 05
Laboratory costs $359 . 00
Administrative costs $100 . 00
9 . Type of violator and general nature of business (i.e.
Individual vs . large corporation) : Corporation
10 . Violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance:
Mr. Vereen was asked not to spray into the front area
of the field due to it' s condition and to place a mud
pump in the ditch to move the waste back up into the
spray field. However, Mr. Vereen did continue to spray
into this area of the field. In addition, Mr. Vereen
did not initially block the ditch to contain the waste .
Mr. Vereen did not place the suggested length of hose
from the pump into the field which resulted in the
waste running back into ditch.

11 . Mitigating Circumstances:
Done. Mr. Ward has submitted a letter of response to
this office . In the letter it is stated that the
discharge . of waste was due to a spray gun having
stalled for two hours on March 24 , 1997. However,
staff has documented the runoff of waste occurring due
to different spray irrigation events from this facility
over a five day period beginning March 20, 1997 . The
right of way ditch along NCSR 1340 itself was not
physically blocked before March 24, 1997 .
12 . Owner of property where the discharge occurred:
Carolina Bay Farms
13 . Pictures of violation:
Included
s:\WQs\DAVEH\sRUNSW1C\10-21_CAF

- � 1
Environmental Chemists Inc.
envirochem
6L: MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS;
CONSULTING P.O.Box 1037 [phone](Office) 6602 Windmill Way
CHEMISTS Wrightsville Beach, (910)392-=(Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 28405
I
REPORT OF ANALYSIS
Customer: NCDEHN1t-DWQ
127 N_ Cardinal Drive Ext.
Wilmington,NC 28405
Date Sampled: 03/24/97 Date of Report: April 4, 1997
Sampled By: David Holsinger Purchase Order#:
Report To: Rick Shiver Report Number: 7-0779
Copy To: David Holsinger
Stream: Carolina Bay
PARAMETER Sample Lab ID Sample ID Lab ID
ID 1831 A&B 1832 A& B
Fecal Coliform,colonies/100ml Ni 260000 N2 144
Nitrate+Nitrite Nitrogen, NO3+N07 -N mg/L NI 6.58 N2 0.08
Ammonia Nitrogen,NH3-N, mg/L NI I 191 1 N2 I 3.55
Total Kleldahl Nitrogen, TKN mg/L F1 I 243 F2 I 5.13
Total Phosphorus,P mg/L N1 I 33.4 N2 1.13

ENVIRONMEN'l'AL CHEMISTS, INC 6602 Windmill Way
envirochem Wilinington, NC 284115
�+ S•fm le Collection nand Chain of-Lust( Phonc: [phone]
FAX: [phone]
Client:
Collected By: 1s N CT, e Report No: '?- ?° %`
Sample-'ftim lnfluen L+ M ent Well sin Soil Othef-
ESAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION 1)A'TE TIME Ill tU NONE 11,SU IINU, NaUli 1II10 OTHER
p,f l N
l� 61 l
Maximum holding Time Between Collection and Analysis: BOD 48 Tours, Colitorm In Wastewater G hours,
Coliform in Drinking Water 30 Hours,
Transfer Relinquished By: Date/'l'inie Received By: Date/'Time
2
Received with lee Wat r T' filled to VC: Yes No Accep vd: Rejected:
Delivered lay: ti � Received fly: Date: 3 � c° Time:
Comments:

1
Environmental Chemists, Inc.
envirochem
MAE-ING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
CONSULMNG P.O.Box 1037 [phone](Ofl-ice) 6602 Windmill Way
Wrightsville Beach, [phone](Lab) Wilmington.,
CHEMISES North Carolina 28480 [phone](Fax) North Carolina 28405
RECEIVED
REPORT OF ANALYSIS
Customer: NCDEHNR-DWQ BY:
127 N. Cardinal Drive East.
Wilmington,NC 28405 �
Date Sampled: 03/25/97 Date of Report: April 4, 1997
Sampled By: Brian Wrenn Purchase Order##:
Report To: Rick Shiver Report Number: 7-0796
Copy To: Brian Wrenn
Stream
PARAMETER 91859 Down 91860 Up
Fecal Coliform, coloniesC100ml 18 g
Nitrate+Nitrite Nitrogen,NO3+NOa; -N mail, <0.02 0.05
Ammonia Nitrogen,NH3-N, mg/L 3.08 1.40
Total Kjeldahl Nitrogen, TKN mg/L 3.50 1.96
Total Phospborus,P mg/L 0.21 0.64

--- - - — ENVIRONMENTAL CHEMISTS, INC 6602 Windmill' ay �
1 f Wilmington, NC 284t15
Sam rle !Cullectioil and Chain of Cu: Phone: [phone]
TAB: (9I0)392-4244
Collected B • "f-hr Report v
St.alpleType., InflueuL Effluent, pl Stream itOther:
SAMPLE COLLECTION 130 LAB PIMSERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE TIMP. ID ID NONE I sU IIN02 NuOII T1110 OTHER
I
lbwE,stt. ��isq 15:0� / _ ✓ GC Co ' rr`
/ v &
C A
A r I
r C k r: ✓ Fcvjl C.LCa r.,
2 ��� li
I
Maximum Holding Time Between Collection and Analysis: BOD 48 Hours, Coliibrm in Wastewater 6-!lours,
Coliform in Drinking Water 3U Hours,
Transfer Relinquished By: Dateffime Received By Date/Time
2
Received with IcONater Chilled t 4*C: Yes No Acceptod: Rejected:
Delivered BY: Received B t� Date: .' Time:
Comments: `� � �`

Environmental Chemists, Inc.
MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
CONSULTING P.O.Box 1037 [phone](Office) 6602 Windmill Way
CHEMISTS Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 28405
i
I
REPORT OF ANALYSIS rC-,ED
VE
Customer: NCDEHNR-DWQ
127 N. Cardinal Drive Ext.
Date Sampled: 03/20/97 Date of Report: April 2, 1997
Sampled By: Andrew Helminger Purchase Order#:
Report To: Rick Shiver Report Number: 7-0754
Copy To: Andrew Helminger
Storm: 10-21
LAB ID #1790 #1791 k
1 2
Fecal Coliform, colonies/100m1 410000 250000
.Nitrate+Nitrite Nitrogen, NO3+NOZ -N mg/L 1.23 0.28 �
i
Ammonia Nitrogen,NH3-N, mT g/L /� �5/5./4} 30.2Q
tnjL �ri_ra..kl IV. -^R61r ■—1i rncr/. , v�.t/ 36.8
Total Phosphorus,P mgfL 6.06 4.60 I
I Tercury, Hg mg/L < 0.0002 < 0.0002
Copper, Cu mg(L 0.019 0.017
Lead, Pb mg/L 0.002 0.002
Zinc, Zu mg/L 0.026 0.025

- ---- L N V iRuNM LNTAL Cl-I EAlISTS, INC 6602 Windmill 1'4 nv �
,,enviroeheift Wilmington, NC 21405
® Samnle Collection and Chain o!'Custoc�._ Phone: [phone]
,V G . D�E I JAIX FAX: [phone]
Client: '.� o ` U i
collected I3 : r.1 - to r o: U �-
Sam le 'I" y pe: Influent, Eftiment. Well. Streant. Soil, Other:
SAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTFD
iG
[IDENTIFICATION DATE TIME ID in NONE L SUS IINO, N9011 'H10 U`Ti fit
Z - 3 z Z'.5Gr1' f'L o A V G0t_.1 C-O
- Z I �c 2 :.�kt NJr
• � � M E far P C-
10 -z1 — G 2=�torL L't1-6�
t 0 --7-1 3 'o C LS
I
Maximum Holding Time Between Collection and Analysis: BOD 48 flours, Coliform in Wastewater 6 Hour,,
Coliform in Drinking Water 3_U Hots,
Transfer Relinquished By: DatefFime Received By: .Date/Time
Received with lee Water Chilled to 4*C: Yes `` No A ce 9d:-. Rejected:
Delivered Bv: A L1t) ,,. CS . mot l�-t c Received Uy: Date: ' :Loy Time: 0
Cotttments:

Environmental Chemists, Inc.
MAILII+IG ADDRESS: TELEPHONE: SHIPPING ADDRESS:
6�L CONSULTING Wrightsville
Box 1037 [phone](Office) 6602 Windmill Way
CHEMISTS Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 28480 [phone](Fax) North Carolina 28405
I
I
NfiA�4R- DWQ Certificate No. 94
RAPORT OF ANALYSIS
Customir: NCDERNR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Date Sampled: 10/06/97 Date of Report: October 10, 1997
Sampled By: Brian Wrenn Purchase Order #:
Report To: Rick Shiver Report Number: 7-2872
Copy To: Brian Wrenn
WATER: FACILITY #10-21
PARAMETER Sample ID 1-F 1-N 2-F 2-N
Roadside Roadside Unnamed Unnamed
Ditch Ditch Tributary Tributary
Lab ID 7756 7757 7758 7759
Fecal Coliform, colonies/100 mL 130,770 - 2,600 -
Nitrate + Nitrite Nitrogen, NO., + NOZ - N mg/Kg - <0.08 - 0.26
Ammonia Nitrogen, NIB,-N, mg/Kg - 63.0 - 4.06
Total Kjeldahl Nitrogen, TKN mg/Kg - 66.3 - 4.90
Total Phos horus, P mgjKg 8.19 1 - 1 0.07
Reviewed b approved for release to the client.

ENVIRONIVI ENTAL CH EMISTS, INC 6602 Windmill Way
�Lenviroehem Wilmington, NC 284tI5
Sample Collection and Chain of Custody Phone: [phone]
TAX: [phone]
Client: D.E.H.N.R WILMINGTON REGIONAL OFFICE P=AC
Collected By: L. r Reno No:
Sample 7 e: Influent Effluent, ell. Soil Other:
SAMPLE COLLECTION I BOaTLELAB PRESERVATION ANALYSIS REQUESTED
tDENTIFICATION DATE TIME ID NONE I SU HiVO, NaUH T11I0 OTHER
ioplo
ulwav �o
" — " y T ices/ l coli o�
Maximum holding Time Between Collection and Analysis: BOD 4811ours, Coliform in Wastewater 6 Hours,
Coliform in Drinking Water (1 Hours,
Transfer Relinquished By: Date/Time Received By: Date/Time
l
2
Received with Ic 'Water Chil=4C: Na •cRejected:
Delivered 11y: ^ Received 13y:- ate: CP 'Time:
Comments:
I

�Er 9103924424
Environmental. Chemists, Inc.
MArl-MG ADDRESS: TELEPHONE: SHWING ADDEM:
CONSULTING PA Box 1031 [phone](U=e) 6602 Windmill Wsy
CHEMISTS Wrightsville Beach, (910)392-(t23(Lab) W9lminatazl,
North C aralina 294M [phone](Fax) Ham Carolina 2W5
NCDEHNR-DWQ Certificate No. 94
REPORT OF ANALYSIS
Customer: NCDEHNR-DWQ
127 N. Cardinal Drive Ext.
Wil,mingtor►,NC 28405
Date Sampled: 10/06/97 Date of Report: October 10, 1997
Sampled By: Brian Wrenn Purchase Order#:
Report To; hick Shiver Report Number: 7-2872
Copy To: Brian Wrew
WATER: FACRITY##10-21
i
PARAMETER Sample M I-F I-N 2-F Z-N
Roadside Roadside Unnamed Unnamed
Ditch Ditch Tributary Tributary
Lab ID 7756 17757 7758 7759
Fecal Coliforinl, colonies/100 mL 130,770 - 2,600 -
Nitrate s Nitrite Nitrogen,NO3+NO2-N mg/Kg - <0.08 - 0.26
Ammonia Nitrogen, NIR3-N, mg/Kg - 63.0 - 4.06
Total K3e1dahl Nitrogen, TKN tnglKe - 66.3 - 4.90
I
- I
Total Phos horus, P. mg/Kg mg/Eg 8.19 - 0.07
1
I
�p I
Reviewed b Approved for release to the client.
I
V

Y1,4 1A- IL/r E ri11— - —
L� 9103924424
P- ei
Environmental Chemists, Inc.
MMUNG ADDRESS: TELEPHONE: SMPPING ADDRESS:
CONSULT
ING PA Box 1031 [phone](Dfflce) 6W2 Wiu&w1U Way
C
ONSUlS IN wrotwille Brach, (910)39r2 aM(Lab) WilmingtoN
044MNorth CimNaa 284Rn [phone](Fax) Novh Catoliaa 2WS
NODE R-DWQ Certificate No. 94
REPORT OF ANALYSIS
Customer; NCAEHNR-DWQ
127 N. Cardinal Drive Ext.
Wjlrnizagton,NC 28405
Date Sampled: 10/06/97 Date of Report: October 10, 1997
Sampled By: Brian Wrezfn Purchase Order#:
Report To: Rick Shiver Report Number: 7-2872
Copy To- Brian Wrenn
WATER: FACILITY#10-21
PARAMETER 5Ample M #-F 1-N 2-F 2-N
Roadside Roadside Unnamed Unnamed
Ditch Ditch Tributary Tributary
LAb ID 7756 7757 7758 7759
Fecal Coiiformr, colonies/100 mL 130,770 - 2,600 -
Nitrate s Nitrite Nitrogen.,NO, +NOZ- N mg/Kg - <0.08 - 0.26
Ammonia Nitrogen, NH3-N, mpg - 63.0 - 4.06
Total Kjeldahl Nitrogen, TKN mgXg - 66.3 - 4.90
Total Phosptoru-sl P ragag - 8,19 - 0.07
Reviewed 4—A approved for release to the client.
I

Environmental Chemists, Inc,
enviroche 6L� MAILING ADDRESS. TELEPHONE: SHIPPING ADDRESS:
CONSULTING P.O.Boa 1037 [phone](Office) 6602 Windmill Way
CONS
CHEULTINISTS Wrightsville Beach, [phone](Lab) Wilmington,
North Carolina 2WO (910)392-"24(Fax) North Carolina,2M5
NCDEHNR- DWQ Certificate No, 94
REPORT OF ANALYSIS
Customer: NCDEHNR-DWQ
127 N. Cardinal Drive Ext..
Wilmington, NC 28405
Date Sampled: 10/06/97 Date of Report: October 10, 1997
Sampled By: Brian Wrenn Purchase Order#:
Report To: Rick Shiver Report Number: 7-2872
Copy To: Brian Wrenn
WATER: FACILITY #10-21
PARAMETER Sample ID 1-F 1-N 2-F 2-N
Roadside Roadside Unnamed Unnamed
Ditch Ditch Tributary Tributary
Lab ID 7756 7757 7'758 7759
Fecal Coliform, colonies/100 mL 130,770 - 2,600 -
Nitrate+ Nitrite Nitrogen, NO, + NO, - N mg/Kg - <0.08 - 0.26
Ammonia Nitrogen, NH.,-N, mg/Kg - 63.0 - 4.06
Total Kgeldahl Nitrogen, TKN mg/Kg - 66.3 - 4.90
Total Phosphorus, P m Kg gL
- 8.19 - 1 0.07
Reviewed b approved for release to the client.

ENVIRONNIEWAL CHEMIST'S, INC 6602 Windmill Way
1 Wilmington, NC 284115
® Sample-Collection and Chain of Custody- Phone: [phone]
FAX: [phone]
Client:_— D.E.H.N.R WILMINGTON REGIONAL OFFICE }� -
C'ollec d B • &4a L WmAv- _ Report-No:
Sample e• Influent, Eflluen ell. . m Soil. Oth r.
SANIPLE COLLECTION HO 1.E LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE TIME ID ID NONE IIISO, LINO NaOH 5ilJO:THER
t°% �7 � t'c Fe
2rcjs;b -- --J 7 19!10
e. o
lr , l�l� yW 55 Z, F Ire V,M i o
Z N - 2
Maximum Holding Time Between Collection and Analysis: BOD 48 ]Jouts, Colif'orm in Wastewater 61loura,
Coliform in Drinking Water a0 Houn,
Transfer Relinquished By: Date/"I'ime Received By: Date/Time
1
2
Received with Ic 'Water Chilled o 4°C: Yes Lof No •c d: z Rejected:
Delivered By: � - Received By lute• ! lv 4 Time: j`
Comments:

ENV IRUNNIEN"TAL CHEMISTS, INC 6602 Windmill ;'Vay
envirochem , Wilmington, NC 284115
Semple Collection and Chain oi'Custody Phone: [phone]
TAX: [phone]
Client: O.E.H.N.R WILMINGTON REGIONAL OFFICE
Collected 13 : , L, r Re or No:
Sam pie '1'yVgjnfluent. Effluent 'Well ilk-ream:) Soil, Other;
SAMPLE COLLECTION MOTTLE LAB PRESERVATION ANALYSIS REQUESTED
IDENTIFICATION DATE T1ME ID ID NONE 1 so, I IINU, I No011 TI1I0 OTHER
S:6 p- 16&
k
I j y 2L oJ5 h � 7 'IU I >J './
e `� k
z un a (% yg:55 F ice✓ t Ca�i r
i
urn 10�� 1 ss— 2 N o-� Nam ;
Maximum holding Time Between Collection and Analysis: 1101) 48 Hout, Coliform in Wastewater 6 flours,
Coliform in Drinking Water 30 Hours,
Transfer Relinquished By: Daterl'ime Received By: Date/Time
1
2
Received with Ic 'Water Chilled a 4°C: Yes No A g7tad: - Rejected:
Delivered BY: Received 13y: � �� Date: Time:,
Comments:

f
i

lU-2l Runoff of animal waste leading to Leonard Branch'

F
I
c M' by .v
s.All
a�Iy, a _ ♦ ,,yt _ Y. .
� � L

10-21 Runoff of animal waste from spray pull #31,

1 \ �
i
k .
�y
_, a �,'�`-7 . .•�.
5 + .• � ANY}1
w�„

10-21 Runoff of animal waste into erosion jug holes adjacent
to Leonard Branch.

--
-- �..�.�
:F ��,, d�q s_. �:
i.

1 U-21 Excessive ponding and runoff from over application in spray pull#32.

-
2�
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. �
{; � ±�. ? , « - • � /
. �_?«� ` . •/` � ^ °
//<\�

10-21 Excessive ponding and runoff of animal waste from over application
in spray pull#32 , Sample Point##1.

OY�
� a4
E � r 0M.

10-21 Runoff of animal waste discharging into Leonard Branch,
Sample Point#2.

� t^ i
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1 0-21 Leonard Branch downstream from the discharge paints.,
Sample Pont#3.

I�Y Q ••Ifs -
l '4
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10-21 Runoff of animal waste leading to Leonard Branch.

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