240019_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

Mr. F. H. Swain
Cornerstone Farm, Inc.
73 Grassy Lane Farm Road
Bolton, NC 28423
December 13, 2004
I
!
RE: Acknowledgment of Receipt of Payment
Case No. DV 03-025
Farrn # 24-19
Columbus County
Dear Mr. Swain:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DEC I ; 'MCA
This letter is to acknowledge receipt of your check No. 8617 in the amount of $369.75 on
December 13, 2004. This payment satisfies in full the civil assessment and the case has been
closed. If you have any questions, please call me at [phone].
cc: VOWngton Regional Office
File # DV 03-025
APS Central Files
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
Orie
N©rthCarolina
Naturally
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intern& h2o.enr.statemc.us 2728 Capital Blvd. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledlt0% Post Consumer Paper

November 9, 2004
Mr. F. H. Swain
Cornerstone Farm, Inc.
73 Grassy Lane Farm Road
Bolton, NC 28423
RE: Acknowledgment of Receipt of Payment
Case No. DV 03-025
Farm # 24-19
Columbus County
Dear Mr. Swain:
Michael F. 'Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
NOV li 5 2004
This letter is to acknowledge receipt of your check No. 8522 in the amount of $369.68 on
November 9, 2004. The balance of the penalty is $369.74.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
cc: VAdmirgm.Regidiial Office -
File # DV 03-025
APS Central Files IgorthCarolina
Natmall
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 2728 Capital Blvd, Raleigh, NC 27604 FAX [phone]
An Equal opporlunitylAfiirmative Action Employer - 50°% Recycled110% Post Consumer Paper

Michael F- Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
4 Y Alan W. Klimek, P-E. Director
Division of Water Quality
April 7, 2004
MR F H SWAIN
73 GRASSY LANE FARMS
BOLTON NC 28423
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 03-025
Farm # 24-19
Columbus County
Dear Mr. Swain:
This letter is to acknowledge receipt of your check No. 8079 in the amount
of $369.68 received on April 6, 2004.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
SL:sw
CC: Wilmington Regional Office
Enforcement File: DV 03-025
Central Files
Sineerely,
sv wis
Non -Discharge CompIiance/Enforcement
AA
NCDE
Customer Service: Mailing Address: Telephone (919) T33-5083 Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury SL
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal opportunitylAfmrative Action Employer
50% recycled / 10% post -consumer paper
httpYlh2o. enrstate-nc. us

RECEIVED
Michael F. Easley
JAN 16 Z004 Governor
William G. Ross Jr-, Secretary
Dep ent of Environment and Natural Resources
By:
Plan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2004
MRFHSWAIN
73 GRASSY LANE FARMS
BOLTON NC 28423
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 03-025
Farm # 24-19
Columbus County
Dear Mr. Swain:.
This letter is to acknowledge receipt of your check No. 7910 in the amount
of $369.68 received on January 12, 2004.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
S', cerely,
teve Lewis
Non-1?ischarge Compliance/Enforcement
SL:sw
CC: Wilmington Regional Office
Enforcement File: DV 03-025
Central Files
customer Service: Mailing Address: Telephone [phone]
1-S77-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, [North Carolina 27699.1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpYlh2o. enr. state. nc. us
NCDEtiR
Location:
512 N. Salisbury St.
Raleigh, lNG 27699-1617

�0F W�4TF,QQ N 2003 Michael F- Easley
�0 G ; Governor
�
E; William G- Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 17, 2003
Mr. Herbert Swain
75 Grassy Lane Farm Road
Bolton, NC 28423
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the State
Without a Permit
Farm # 24-19
Columbus County
File No. DV 03-025
Dear Mr. Swain:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Cornerstone Farms in the amount
of $4,436-23 which includes $436.23 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for ally continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NCDENa
Customer Service: Mailing Address. Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/AlfimiraUve Action Employer
50% recycled/ 101Y. post -consumer paper
http✓/h2o.enrstote.nc. us

i 0
2. Submit a written request for renission 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.of ice the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions_
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
rib"],
3. Submit a written request for an administrative hearing:
r
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

Mail or hand -deliver a copy of the petition to:
Mr_ Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for fixture violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext_ 539 or Ms.
Linda Fitzpatrick at [phone], ext_ 526.
Sincerely,
Kent Wi gins Actin" e gb g Supervisor
Non -Discharge Compliance and Enforcement Unit
JKW/scl
ATTACHMENTS
cc: _-_ ilminb on Regional Supervisor w/ attachments
Chester Cobb, WIRO w/ attachments
File # DV 03-025 w/ attachments
Central Files w/ attachments
Public Information Officer wl attachments

STATE OF NORTH CAROLINA
COUNTY OF COLUMI3US
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADNIIIVISTRATIVE HEARING AND
HERBERT SWAIN ) STIPULATION OF FACTS
FILE NO. DV 03-025
Having been assessed civil penalties totaling $4,436.23 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated June I6, 2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 2003 .
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF COLUMBUS
FILE NO. DV 03-025
IN THE MATTER OF
)
HERBERT SWAIN
)
}
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
) AND ASSESSMENT OF
WATERS OF THE STATE OF
) CIVII. PENALTIES
NORTH CAROLINA
)
WITHOUT A PERMIT
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Herbert Swain owns and operates Cornerstone Farms, Inc. (Cornerstone
Farms), a swine operation located along NC Highway 211 in Columbus County.
B. Herbert Swain was issued Certificate of Coverage AWS240019 under General
Permit AWG100000 for Cornerstone Farms on June 26, 1998, effective June 26,
1998, with an expiration date of October 1, 2004. This permit does not allow the
discharge of waste to waters of the State.
C. On January 9, 2003, DWQ staff observed a discharge of wastewater at
Cornerstone Farms from a sprayfield to Friar Swamp, which are Class C Sw
waters of the State within the Lumber River Basin-
D. Herbert Swain had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $436.23.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Herbert Swain is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).

B. Friar Swamp 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. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Herbert Swain may be assessed civil penalties in this matter pursuant to G_S_ 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Herbert
Swain pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Herbert Swain is hereby assessed a civil penalty of:
$ Q Q for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 436.23 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. l (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) Kent Wiggins, Actin ervisor
Non -Discharge Comp ance and Enforcement Unit
Division of Water Quality

OF wAr9aG Michael F. Easley, Governor o�
c y William G. Ross Jr., Secretary
3 r North Carolina Department of Environment and Natural Resources
d Alan W. Klimek, P.E. Director
Division of Water Quality
KW u I! ,_t,L17�
TO: Steve Lewis, Environmental Specialist II
Non -Discharge Compliance/Enforcement Unit
FROM: Chester Cobb, Environmental Specialist II Me/
Wilmington Regional Office
THROUGH: Rick Shiver, Water Quality Regional Supervisor. --�
Wilmington Regional Office
SUBJECT: Enforcement Report
Mr. Herbert Swain
Cornerstone Farms Inc
Facility Number: 24-19
Columbus County
DATE: May 13, 2003
Attached please find the subject enforcement report which concludes that Cornerstone Farms Inc
violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters
of the State without a permit.
On January 9, 2003, Mr. Chester Cobb inspected Cornerstone Farms Inc because of wastewater
ponding and runoff from sprayfield observed during a DWQ flyover. Mr. Cobb observed that
wastewater was ponded in several areas in the sprayfield. Wastewater was discharging from the
sprayfield in one area into Friar Swamp. The discharge led to a fecal coliform count of 123,810
colonies / 100 ml downstream of the discharge. It was estimated that about 1,000 gallons was
discharged into Friar Swamp. No response has been received for the Notice of Violation and
Recommendation for Enforcement issued on January 31, 2003 pertaining to this discharge.
It is recommended that appropriate civil penalties be assessed in accordance with North Carolina
General Statute 143-215.6A(a)(2). It is also recommended that all of the enforcement costs
incurred in the investigation be recovered in the amount of $436.23 pursuant to North Carolina
General Statute 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8).
If you r:e any questions, please Contact me at 910-395-3900.
Aq
. _.. w
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:\WQS\ANIMALS\COLUMBUS\2003\24-19ent\24-19memo
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
NUM®R

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
CORNERSTONE FARMS, INC
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FOR VIOLATION OF NORTH CAROLINA
GENERAL STATUTE 143-215.1 FOR
MAKING AN OUTLET INTO WATERS
OF THE STATE
FILE NO. DV
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Unit of the Water Quality Section of the
DWQ, make the following:
I. FINDINGS OF FACT:
A. Mr. Herbert Swain owns and operates the Cornerstone Farms Inc, a swine animal
operation located along NC Highway 211 in Columbus County.
B. Mr. Herbert Swain was issued Certificate of Coverage AWS240019 under Swine
Waste General Permit AWG100000 issued pursuant to North Carolina General
Statute 143-215.1 on June 26, 1998 for the operation of an animal waste
collection, treatment, storage and application system.
C. On January 9, 2003, Mr. Chester Cobb from the Wilmington Regional Office of
the Division of Water Quality (DWQ) inspected Cornerstone Farms Inc because
of wastewater ponding and runoff observed during a flyover by DWQ. Mr. Cobb
observed wastewater discharging from sprayfield into Friar Swamp. Friar Swamp
is classified as C Swamp waters of the State within the Lumber River basin.
D. Cornerstone Farms Inc had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $436.23

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Herbert Swain is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Friar Swamp is waters of the State within the meaning of G.S. 143-215.1(a)(1)
pursuant to G.S. 143-212(6).
D. The above -cited discharge constitute making outlets into waters of the State for
purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1.
E. Mr. Herbert Swain may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) 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.
F. The State's enforcement costs in this matter may be assessed against Mr. Herbert
Swain pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. Pursuant to N.C. Gen. Stat. 143-215.6A, the Secretary of the Department of
Environment and Natural Resources has the authority to issue civil penalties in
this matter. The Secretary has delegated this authority to the Director of DWQ
Pursuant to N.C. Gen. Stat. 143B-10.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, Mr. Herbert Swain is hereby assessed a civil penalty of -
for of one violation of G.S. 143-215.1 for discharging
animal waste into the waters of the State without a pennit.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 436.23 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) T. Kent Wiggins,
Acting Supervisor
Non -Discharge Unit
Water Quality Section
Division of Water Quality

Violator:
Contact Person:
Address:
Facility #:
Receiving Stream:
Classification:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Cornerstone Farms Inc
Herbert Swain
75 Grassy Lane Farm Rd., Bolton, NC 28423
24-19
Friar Swamp
Friar Swamp is Class C Sw Waters of the State
Regional Office: Wilmington
Inspectors: Chester Cobb
Report Prepared By: Chester Cobb
Case Narrative: On January 9, 2003 staff from the Wilmington Regional Office of the Division
of Water Quality performed aerial surveillance of swine farms in the region. Wastewater
ponding and runoff from a sprayfield at Cornerstone Farms Inc was observed from the air. After
the farm had been identified from the air, Mr. Chester Cobb went to inspect the farm.
Wastewater ponding was observed in the sprayfield served by hydrants 4 and 5 (see Figures 4, 5,
6, and 7). Wastewater was also observed running off the field (see Figures 8, 9, 10, and 11) and
ultimately into Friar Swamp (see Figure 12).
Farm and/or Companv Compliance History: Include a copy of CAFO Designation letters,
previous NOV's, NOD's previous civil assessments, etc.
January 20, 1998 Second Notice of Deficiency issued for insufficient freeboard in
lagoon.
April 13, 2000 Notice of Deficiency issued for self reported high freeboard level
of 16 inches.
March 9, 2001 Notice of Deficiency issued for over application of waste based on
Plant Available Nitrogen (PAN) rates outlined in the waste
management plan.
Amount of Waste Discharge (if annGcable). If amount cannot be estimated. what is the rate
of flow reaching surface water.
Estimated that approximately 1,000 gallons was discharged to Friar Swamp.
Sample Results (If anolicable) with locations of samples taken noted in relation to the
discharge point:
Sample Field was taken in a ponded area of the field before the waste could flow to the edge of
the woods. Sample S-2 was taken in the woods approximately 100 feet from the field edge.
Sample S-1 was taken approximately 150 feet downstream of S-1. Sample UPS was taken from
adjacent field approximately 75 feet from field edge. See Figure 2 for generalized locations.

Sample results are listed below.
Sample Results:
Sample Point
Field
S1
S2
UPS
Fecal Coliform
250,000
123,810
126,126
< 10
(coloniesn 00mt)
NO2-N + NO3-N
a
a
a
0.02
(Mg/L)
N113-N
a
a
a
0.03
__. (mg/L)
. �.
TKN
a
a
a
0.90
(M91-)
Total P
a
a
a
0.06
(Mg/L)
a Sample not analyzed. pH too high.
Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
The onsite representative at time of inspection, Mr. Mark Brisson, stopped the waste flow and
started removing the ponded waste. However, the discharge may have been avoidable if
corrective actions had been taken from problems noted on an inspection done on December 3,
2001 by Mr. Stonewall Mathis of the Division of Water Quality. See attachments dated
December 10, 2001, December 18, 2001, January 10, 2002, and February 26, 2002.
Fish kill observed? YIN If yes, include report from WRC:
No fish kills observed at times of inspections.
Mitigating Circumstances:
No known mitigating circumstances.
Recommendation
The Wilmington Regional Office is recommending assessment of civil penalties 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.
Assessment Factors required to be considered by G.S. 143B-282.1(b):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
The discharge of animal waste was documented by elevated levels of fecal coliforms. See
Sample Results. Neither public health problems nor damage to private property were
documented.

2. The duration and gravity of the violation:
The duration of the discharge is unknown since the irrigation events for the sprayfield were
on January 7 and 8, 2003. The discharge was found on January 9, 2003.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect on surface water quality is documented under the Sample Results section. The
effects on ground water and air quality were not measured and are therefore unknown.
4. The cost of rectifying the damage:
The damage that was done by the animal waste that reached waters of the State cannot be
reasonably rectified. By the time of investigation, the animal waste had already been diluted
with fresh water.
5. The amount of money saved by noncompliance:
Unknown.
6. Whether the violation was committed willfully or intentionally:
The field runoff was not considered willfully or intentionally. However, there appears to be
some neglect involved since problems with waste ponding were documented back on
December 3, 2001 in the area where the discharge occurred on January 9, 2003.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
Second Notice of Deficiency was issued on January 20, 1998 for insufficient freeboard in
lagoon.
Notice of Deficiency was assessed on April 20, 2000 for self -reported high freeboard level of
16 inches.
Notice of Deficiency was issued on March 9, 2001 for over application of waste based on
PAN rates outlined in the waste management plan.
8. The cost to the State of the enforcement procedures:
The State"s enforcement costs totaled $760.86, as follows:
Staff, Cobb, 12 hours @ $18.31 /hour $219.72
Pictures 12 @ $0.33 each $ 396
Samples 4 Fecal @ $20.00/sample $ 80.00
Mileage 105 miles @ $0.31/mile $ 32.55
Administrative Costs $100.00
Total $436.23

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§990011%mr—
IGURE 1. Cornerstone Faun is located in Columbus County north-west of Bolton, NC.
Sprayfields border Friar Swamp, Map created from 1983 USGS Lake Waccamaw
East Quadrangle.

•• �"9 a
AV
+ Cornerstone Farm
Facility 24-19
i
r• .�: Sample.
Lion Field
tiofmple
- [.ovation L'P5
40
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Friar Swamp
• 1 f

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FIGURE 3. Sprayfield where discharge was observed.Film OA.
FIGURE 4. Wastewater along with fresh w&er ponƒ!n/ in sprayfield.Film negative
IA.

FIGURE 5. Area of ponding in sprayfield. Film negative (8365) 2A.
FIGURE 6. Largest area of wastewater ponding. Area drained into the woods. Film
negative (8365) 5A.

FIGURE 7. Location of Sample Field is to the left of machete and backpack. Film
negative (8365) 12A.
FIGURE 8. Wastewater flowing into woods. Film negative (8365) 13A.

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St6te of Noah Carolina
Department of Environment
and Natural Resources
Division of Wate-r Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary - - - - - - A. Preston Howard, Jr., P.E., Director
June 26, 1998
Herbert Swain
Cornerstone Farms Inc
75 Grassy Lane Farm Rd
Bolton NC 28423
17 00 11
A&Val&*
NCDENR
NORTH CAFROUr4A DF_PARTMENT OF
ENVIRONMENT ANo NATURAL ResryuRGES
Subject: Reissuance of Certificate of Coverage
No.AWS240019
Cornerstone Farms Inc
Swine Waste Collection, Treatment, Storage and
Application System
Columbus County
Dear Herbert Swain:
The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to
this facility on July 25, 1997. In accordance with the issuance of the revised General Permit, we are
forwarding this Certificate of Coverage (CDC) to Herbert Swain, authorizing the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with General
Permit AWG100000. This approval shall consist of the operation of this system including, but not
limited to, the management of animal waste from the Cornerstone Farms Inc Farm, located in Columbus
County, with an animal capacity of no greater than 2000 Farrow to Feeder and the application to land as
specified in the Certified Animal Waste Management Plan (CAWMP).
The CDC shall be effective from the date of issuance until April 30, 2003, and shall hereby void
CDC No AWS240019 dated July 25, 1997- The CDC shall hereby incorporate by reference any specific
conditions of the previous COC issued to this facility. The purpose of this CDC is to allow coverage
under the revised General Permit. Please review the revised General Permit (enclosed) and pay
particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition III.1
regarding inspection frequency of the waste treatment, storage and collection system and Condition 111.6
regarding notification requirements for system failures, spills and emergencies. Pursuant to this CDC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CAWMP, and this CDC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm- Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this CDC will require a modification to the CAWMP and this CDC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this CDC, the
General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance
with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive
relief.
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

Certificate of Coverage AWS?40019
Cornerstone Fauns Inc
Pane
Upon notification by the Division of this COC's expiration, you shall apply- for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable- A name/ownership change application must be
submitted to -the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right t , apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water
Quality Staff may be reached at [phone]. If you need additional information concerning this
COC or the General Permit, please contact Katharine Keaton at [phone] ext. 533-
Sincere
A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Columbus County Health Department
Wilmington Regional Office, Water Quality Section
Columbus County Soil and Water Conservation District
Permit File

o�CF W A 9QG Michael F. Easley, Governor
� y William G. Ross Jr., Secretary
1 r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7002 1000 0005 6491 9828
RETURN RECEIPT REQUESTED
January 31, 2003
Mr. Herbert Swain
Comerstone Farms Inc
75 Grassy Lane Farm Rd.
Bolton, NC 28423
Subject: Notice of Violation and Recommendation for
Enforcement
Cornerstone Farms Inc
Facility Number: 24-19
Columbus County
Dear Mr. Swain:
This Notice of Violation is issued to Mr. Herbert Swain, owner of Cornerstone Farms Inc
covered under Certificate of Coverage AWS240019. This Certificate of Coverage, as issued by
the State of North Carolina, authorizes the operation of the subject animal waste collection,
treatment, storage and land application system in accordance with Swine Waste General Permit
AW G 100000.
On January 9, 2003, Mr. Chester Cobb of the Wilmington Regional Office of the Division of
Water Quality performed an inspection of Cornerstone Farms Inc.
Violations observed are as follows:
During the inspection, Mr. Cobb observed significant ponding of animal waste in land
application field serving hydrants 4 and 5. As a result, animal waste was running off the
field in one location.
This is in violation of Condition II. 4 of the General Permit that states, "Land application
rates shall be in accordance with the CAWMP. In no case shall land application rates
exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application."
2. During the inspection, Mr. Cobb also observed that the runoff of animal waste resulted in
a discharge animal waste into waters of the State.
This is in violation of North Carolina General Statute 143-215.1 that states that no
person shall make an outlet into the waters of the State without having obtained and
abided by the appropriate permit. Condition I. 1 of the General Permit covering this
facility states that "The animal waste collection, treatment, storage and application
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."
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
r� A
NODNOR

Herbert Swain
January 31, 2003
Page 2 of 3
Response requirements are listed as follows:
(1) A detailed Plan of Action must be submitted to the Wilmington Regional Office, Division
of Water Quality. The Plan of Action must include:
a. The individual violations.
b. A description of the proposed actions to be taken to bring violations back into
compliance and to prevent their recurrence.
c. The dates when the proposed actions will be accomplished.
(2) The written Plan of Action must be received by this office within 15 working days of the
receipt of this notice.
(3) Upon approval of the proposed Plan of Action, you will then be required to notify this
office when the corrective actions are completed.
You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any
assistance they may be able to provide.
Be advised that this office is considering recommending assessment of civil penalties to
the Director of the Division of Water Quality for the above noted violations. These
violations may result in civil penalties of up to $10,000 per violation in accordance with
North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for
reasonable costs of the investigation in accordance with North Carolina General Statute
143-215.3(a)(9). If you have an explanation for these violations that you wish to present,
please submit your written response along with the Plan of Action. Your response will
be forwarded to the Director along with the enforcement package for his consideration.
Be advised that the Division of Water Quality may take further action in this matter
including injunctive relief and permit revocation.

Herbert Swain
January 31, 2003
Page 3 of 3
If you have any questions concerning this matter, please do not hesitate to call Mr. Chester
Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from
the Central Office at 919-733-5083 ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Edward Davis, Columbus County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown LLC
Neal Floyd, Columbus County Health Department
John College, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 24-19
S:1WQSIANIMALSICOLUMBUS12003124-19 Cornerstone NOVRFE

Division of Water Quality
Q Division of Soil and Water Conservation
Q Other Agency
Type of Visit 0 Compliance Inspection O Operation Review Q Lagoon Evaluation I
Reason for Visit O Routine Q Complaint O Follow up O Emergency Notification p Other ❑ Denied Access Ir
-..j.�, - -- --- -- --j --- ----- Daft! of Visit. Time: "Time: 132t}
Facility Number Z4 19
--Not Operational Q Below Threshold
Permitted ® Certified 0 Conditionally Certified Q Registered Date Last Operated or Above Threshold:.....
Farm Name: �Qraer tQne..FaCr Itxfi_................................................ County: C.Qjjj o.M............................... SY1RQ._.._..
Owner Name: �eT�ePL_------ - , L+f3iA---- - ---------------- - -- Phone No: 4�Q C55=$i41 ------------ -------- ----
Mailing Address: ..7.�..G�asiy..€,�►t�..ka�r�a.�d................................................................ RQU9.R..N.0 .............................................................. Z84M ..............
Facility Contact: .............................."."..........................Title:......................................... Phone No:
.............................................
Onsite Representative: Integrator:gpl:s
Certified Operator: Nja1lij.................................. Uriss!oti.......... .................................. Operator Certification Number: 1 92,9.........-.................
Location of Farm:
miles northwest of Bolton, on Hwy. 211. west side. i
® Swine El Poultry [I Cattle El Horse Latitude 34 • 19 30 �� Longitude 7$ • 26 1 F 30 u
Design Current
Swine C'anacity Ponulation
❑ Wean to Feeder
❑ Feeder to Finish
E] Farrow to Wean
® Farrow to Feeder
2000
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer I I❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 2,000
Total SSLW 1,044,000
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area jo 5pra. Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste --Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gaFmin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation"
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & 'Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Streture 2 Stricture 3 Structure 4 Structure 5
® Yes ❑ No
❑ Yes 0 No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes Z No
[_] Yes ❑ No
Structure 6
Identifier:--•--•--•--•--•-----•--•--.---------------------------
Freeboard (inches): 20
05103101
Continued

lFacility Number: 24-19
Date of Inspection 01109/211fl3
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement`?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre detemvnation?
c) This facility is pended for a wettable acre determination?
15_ Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment'?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19, Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer,`Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
Yes ❑ No
❑ Yes ❑ No
El Yes ❑ No
Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
13 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes
NOTES: Inspection done to follow up what was seen from fly over.
Waste was ponded in field with hydrants 4 & 5 and running off field into field edge. Waste stream
ultimately ran into swamp which is considered waters of the state.
Hydrant 4 was pumped from on 117/03 and Hydrant 5 was pumped from on 118103.
- It appears that at least 1,000 gal. was released.
Will get back up with representative about press release tomorrow.
CONTINUE ON NEST
PAGE
Reviewer/Inspector Name Chester Cobb
Reviewer/Inspector Signature: Date:
05103101 Continued

Eacilit.y Number: 24—i9 Date of inspection 01/09/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of property within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon`?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks Lack a submerged fill pipe or a permanent/temporary cover?
(] Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
El Yes ❑ No
❑ Yes [-]No
❑ Yes ❑ No
❑ Yes ❑ No
05103101

Customer:
NCDE-NR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Chester Cobb
Date Sampled:
Sampled By:
WATER:
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, north Carolina 28105
[phone] (Lab) • [phone] (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, ILLS CERTIFICATE #37729
REPORT OF AVALYSIS
01 /09/03
Chester Cobb
Date of Report: January 13, 2003
Purchase Order #:
Report dumber: 3-0151
Report To: Chester Cobb
Sample ID
Lab ID
Fecal Coliform,
colonies/100 mL
S1
# 0464
123,810
S2
# 0465
126,126
Field
# 0466
250,000
UPS
# 0467
< 10
Comments:
Reviewed by: K�

emV' �Q' chhem
ENVIRONMENTAL. CHEMISTS, INC
Sample Collection and Chain of Custody
NCDENR: DWQ Certificate 0194, DL5 Certificate 037729
Sample Type: I = influent, E = Effluent. W =Well. ST =Stream. SO =Soil. SL= Sludue Other:
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Tax: [phone]
Emall:EchcmW(1a,aol.com
Report NO: 3 - - / 5
Sample Identification
Collection
Ln
9 `c v
v
®
U
0PRESERVATION
ANALYSIS REQUESTED
z
p•
x
a
x
a
DATE
TIME
TEMP
liva3
r
1
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G
4(/f
Crp—
1
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IV
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G
1
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G
C
P
G
G
C
P
G
G
C
P
G
G
C
P—
G
G
C
P
G
G
---- —
C
P
_
G
G
NOTICE — I)ECIILORINATION : Samples for Ammonia, 'i'ItN, Cyanide, Phenol, and Bacteria must be dechlorinated
—(-0—.2 ►m or less in the field at the time of collection. See reverse side for instructions.
"Transfer
Relinquished By:
Date/Time
Received By:
Date/Tinie
2.
ale
I emperature when Received: I. C Accepted: ✓ Rejected: Resample Requested:
Delivered 13y: Received By: [1,, ,^. S Date: () I •.c-03Time:
ComIII ents: c. c, , 09-1-0ke,� F 9,4-• to

DIVI%ION (1F WA'1'6,R OVAIAT
t hrndllr7 I.nhnlnirsr) Itv1smI I lPnMr Qunlll)v
tt' SAP!!'Lli'l1'l'I;
rrrr wll COLUMIMS
I'Rtt)RIIY
IMLRItAVIN;
❑ AMOWNI0 CAA
:I"II EA Id
I:IILUFNI
Fit Nof11'10 R111tO Re-ginualOfice
Q CON11TIANCIT a CIIAINOFCUSTUDY
I.AKF.
❑ INFt.unmI
tllllrr :
❑ r?h1EltamicY
El FSIUARV
rnLl.LCtn1II�) CCOBn -
I�'ISir111) I
EJ
UPS
LillNrnnber
3WI1754
Dale Ra-vived :
1 / 111/21103
'I inlr Rviceivvd r
0:15 AM
Received Fly DS
T)nta Relaxed 7
AR+
Dale RcPorrcd :
2/4/2003
1mi"Inred Full) RsNpr: SlalFna Lowina: Ul'SI RF,AAI SAhll'LE
Sred: 1'Irlarill alelit
Iteularka:
ltilnllnn p Mary Betio O4)mrrudd) 17e1e find h7dtnnJddF 4lme Begin '11n1c f:nd hrpih- II6F, IIR, UIIAf Pnhle'1 epr - A. 11. I. Etffflt�
ulls 20030109 1650 0.l
Ulloride 940 1ng./L
Chi a: 'I ri 32217 a ,/1.
_
C'hI a: Con 32209 a ;1L
1'11ro ill lill a 32213 ug/l.
Color-1 rue SU C.U.
Coleco (III R.1 pit= r.u.
Odor: Ill! 7.6 82 c.n.
C snide 720 ell'/1,
_
i'lanride'141 nll;/ I .
T_
�._..._
Vormaldch do 71890 m,/I.
(;Ivaxc and oils 556 nl ,/L
I lardlim Iwar 91111 oa+/I.
1
S lt'rilic Conti 05 tlrr11111s/Crn2
_ —�
MHA53IfNO m /L
-
Phenols 32731) a 1/f.
sulfalc 9-15 nl /1.
Sulfide 745 0l /L
114,1011
3 annin iF L.i nirl u +L
I Iraavalcnl Cluunlitmi ti/L
111+'alINn111e 111 /I.
C111'unsle 111'/L
H113 es N 6l0
0.03
m /L
S
1KNanN625
0.90
mHt..
x
NO2 Film NU.11e N 630
0.02U
vi/I.
S
V;'I'n111 n111665
0,06
lilt/I.
1`04 m 11 711507
nl e/L
P: 17imolml as 1/ 666
Ing/ L
K-Polassidnl
nl /L•
Cd. Cadmium 1027
a /L
CTClunnliorm1'01,11ION
a /I,
_
Cu- Clipper NA12
Ni Nickel 1067
I'll- Lead 1051
'J.n• 'Zinc 11192
a '/ L
V•Vanadiuln
tog, 1.
A . Silvcr 1077
0 l/l.
Al, Ahnnlnlml I IQ$
a +/L
11c• Rrr Ilium 1012
ujill,
Ca. Calcium 916
nF 11.
Co. Cohan 1037
Fr- Inm 1045
LiLithium 1132 u /L
Nfg-hh rlcxiam927 III /L
INmhlmlillnc.xc 1055 a /l.
N.1- S,ulimn't2l) 11% 1.
_
Aucniclot3t 1(9)2 all.
Sr- Selenium 1147 u 11.
Sig, kfacut719M a /L
Rn_.Ilarival a /I.
()1 �a IYS N'i111xr'Ine I1r511L'111r5
01 .mo llllle hollle Prat)cides
Arid I Irrhicilics
FI15C1NrIntaI&AC111 Iiarractahlt Oi games
F V I I I )icncl 11 arl ,c
Pur ,cahlc Or anics (VOA botllc rc 'd)
I I'll Gasnthle Ran c
I PI I/II1'GX Gasufinc Rallor
11h F0 lankton

.. ---.. ..........�.-.......... rari„a�va..a•a�as i wf\ I t�tf q4�7.. fl..i U1'VICj•1 tUiti•Ili /l`�
CounTY PRIORITY jTYPE �7 �
Ri17ER nA5IN DAMOICNT ❑ r�A 11fSTREAM ❑ Err-LUENT
nE-ron'r TO: Alto PIlO MFIO RRO WnRO IRO SRO TS
hT UPI
Other ❑COMPLIANCE 19CIIAIN LAKE ❑ iNMUENT
OF CUSTODY
S"lpped by: nue urler 5tn1}, Other ❑ EMERGENCY ❑ ESTUARY
COLLEC70RiSy:
��S �- r_
[ellmnterl DOT) Range. 0.5/5.25/25-65/40-130 or 100 pill, STATION LOCATION: r�
Seed. Ye.@ ❑ No Chlorinnled: Yen El No❑ REMARKS: 1V1L1rq6Lt�7 Cvl" j yy
.rilalion Dnte f►r.gtn Iyy/mtn/dd) Tlnte neglnj Date End Time f_nD UR I
L.Q. VI MR050
1
3
4
(i
�—
i
H
9
1Q
12
1 1
1
1G
17
_
nb})5 310 moll
_
Chloride 940 mg/i
COU IIi_uh 340 mil/l
C:hl n: TO 32217 ug/l
Cot) Low 335 mp/I
Chl a: Corr 32209 ug/I
Colllorme Mr. Fecal 31616 /100m1
Ptxnpl,ytln n .12213 up/I
Cnlliorm: PIF Total 31504 /1QDml
Cnlar. True R0 Pl Co
Cnlllorm- Tithe Petal 31615 /I00m1
Culnr.IPll ) R3 ADMI
Pil 7,6 02 Ai)Mi
Cn111nrmt I`ecal SIrnP 31673 /Iptlml
ilesldtt•z Total 500 mg/1
Cyanide 720 mg/l
volallie SOS mg/I
i-lunrkie 951 +ng/1
_
fixed 510 mp/I
rnrmaldehyde 71RRO mg/1
Resldtte: Susp►,nderl 530 mg/}
(heal@ end Oils 556 mg/1
\/niatife 535 mg/1
finrdneea 7nIn190Q mg/l
riaed 540 mg/1
SPetnic Cnnd`95 2
umhos/cm
pll 403 units
MRAS 3R260� mg/I
I'henule 327H us/1
Acfdlty to 014.5 436 mg/1
Acidly to pll R.3 435 mg/I
Sullnfe 945 mg/1
Alkellnity to 9,11 11.3 415 mg/I
Sulfide 745
1� Alkallnley to till 4.5 410 mg/l
1 9 TOC 680 mp/f
Zit Ttirhldlly 76 Ulu
LLB
Date Received: 10 ` Tlrne-, .
Rec'd bv: { from: nu@ Coorlerl"and Del
DATA ENTRY IM CIC:
DATE REPORTED:
Value Type Composite
A 11 L T S n
N113 as N 610 mg/I
TKN as N 625 mg/1
NO2 pill@ NO3 no N 630 mg/1
P: Total no P 665 mg/I
PO4 no P 70501 MR/1
M Dlasolved no P 666 mn/1
Cd-Cadmium 1027 ttg/l
Cr-Chrominm:Total1034 ug/l
Cu-Cnptwr 1042 un/1
NMIckel 1067 ug/I
Pb•Leed 1051 ug/l
Zo-Zinc 1092 ug/I
All- liver 1077 ug/1
AI -Aluminum 1105 ug/l
Fle-Rerylllum 1012 ug/I
Ca-Calclum 916 m0/I
Co-Coball 1037 ng/I
14•Iron 1046 up/I
pie T
C &GMXX
LI-Lithium 1132 ug/I
Mg-hiagneslum 927 m0/I
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Lab No. NC.
FTC= Lhrotlzh G:zta4^era Rel{.=cuis' ed by
� Received by Date / Ti;e
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Michael F. Easley, Governor
'William G. Rost Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of «'ater Quality
December 10, 2001
CERTIFIED MAIL f 7001 0320 0003 0382 7860
RETURN RECEIPT REQUESTED_
Mr. Herbert Swain
75 Grassy Lane Farm Rd
Bolton, NC 28423
Subject: Inspection Report and Plan of Action
Cornerstone Farms Inc
Facility Number: 24-19
Columbus County
Dear Mr. Swain:
Please find enclosed a copy of the inspection report for the inspection which I conducted on December 3,
200I for the referenced facility. Please develop a Plan of Action which addresses all of the issues noted
in the inspection report. The Plan of Action should include a list of any and all modifications that have
been and will be implemented to correct the noted items and prevent their recurrence along with a
timetable for completion of -the modifications. The written Plan of Action must be submitted to this
office within ten (10) days of receipt of this notice. Be advised that the Division of Water Quality may
take further action in these matters including Notice of Deficiency, Notice of Violation, assessment of
civil penalties, injunctive relief, and permit revocation.
If you have an), questions concerning this matter, please do not hesitate to call me at 910-395-3900 ext.
203.
Sincerely,
r
Stone-,vall Mathis
Environmental Engineer I
enclosure
cc: Edward Davis, Columbus County Soil and Water Conservation
I:raig Westerbeek, Murphy -Brown, LLC
John College, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement unit
Wilmington Files 24-19
S:1WQS1A.N1MALSIC0LUMBUS'000I \24-19ietter
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Fax: [phone]

Z4 - 19
DEC ? g 2001
73 Grassy Lane Farm Road
Bolton, NC 28423
December 18, 2001
Mr. Stonewall Mathis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Mr. Mathis,
I am writing in response to your letter dated December 10, 2001 requesting a plan of
action to address the issues stated in your inspection of Cornerstone Farms (FN: 24-19).
Enclosed is a copy of the revised waste management plan which adequately reflects the acreage of
the pulls in each field. A wettable acreage determination will be performed as soon as possible
and will be incorporated in the records at the beginning of the next cropping cycle.
In addition, future irrigation events will be conducted at a rate not to exceed the hydraulic
loading rate for each soil type within a 24 hour period. It has been interpreted in the past that the
maximum rate allowable was per event rather than per a 24 hour period. Had I been aware of this
change in interpretation, I would have made certain the rate was not exceeded.
The ponding that was observed in the low area was not waste but surface water from a
recent rain. This area had not been irrigated since October 31, 2001. This area does, however,
need drainage and crop improvement. I am meeting with Edward Davis from the Columbus
County Soil and Water District Office on January 9, 2002, to discuss the best solution to the
drainage problem. Modifications will be made as soon as possible and bermuda will be resprigged
in the area which will be disturbed.
The trash will be removed from the lagoon as soon as possible and will be done routinely
in the future. The feed spills will be cleaned and disposed of properly. The air vent will be
repaired prior to next irrigation event.
Irrigation events will be recorded showing exact times for multiple pulls and will be signed
by owner and operator in future. Lagoon freeboards have been recorded as required for the past
several months. Some levels were noted but not recorded on a weekly basis for two periods
during the past year. The farm manager contacted Brown's of Carolina, Inc. to acquire the
service person's lagoon readings. The farm manager has stated that some readings including the
17" freeboard are not accurate. At that time. a new service person started and was not accurately
reading the marker. It is our position that the lagoon level has not been less than 19" in the past
year_ This can be substantiated by the fact that the dates that both service person and farm
manager readings are available, the readings consistently vary from 2 to 4 inches. In addition, had

the lagoon level been less than 19", the Division of Water Quality would have been contacted as
required by the General Permit.
Cornerstone is committed to operatmi g within all state, federal, and local regulations. If
there are any additional issues that you are concerned with, please contact me so that we can
begin addressing these.
Sincerely,
h
� -� --
Herbert Swain

Memo
Facility # 24-19, Cornerstone Farms Inc, Herbcrt Swain - Owner
January 10, 2002
I spoke with Edward Davis and Donna Register of the Columbus County District Soil and Water
Office this morning about this farm. There is an area of about 1/3 acre in a Bermuda field that is
low and tends to hold water; the desired vegetation is also lacking in this area. Mr. Davis said
that he is working with Mr. Swain and the plan is to fill in this low area and establish the desired
vegetation. However, Mr. Davis said that Mr. Swain will not be able to begin these
improvements until the spring. Due to this, Mr. Davis was inquiring if he could design the two
pulls affected by this area as shorter pulls until the improvements were made. I advised that this
would be fine provided that the new acreage (smaller acreage due to shorter pull) was used to
calculate the PAN/acre applied. This would be fine since the calculation is on a per acre basis, it
wouldn't matter how long or short the pull in ensuring no overapplication. I also advised Mr_
Davis that Mr. Swain does not have a wettable acre determination done for this farm and that was
one of my primary concerns when Gale Stenberg and I did an inspection on 12/3/2001. It was a
main concern particularly since the waste utilization plan was showing, less than 75 percent of the
available acreage, but the IRR-2's for the hydrants in any given field added up to more (in some
cases significantly more) acreage than claimed in the waste utilization plan_ Mr. Davis indicated
he would work on coordinating having the wettable acres determination done.
Stonewall Mathis - c
DWQ-WiRO
cc: John College, DSWC-WiRO

Memorandum
24-19, Cornerstone Farm, Herbert Swain
Sonya Barber called me on 2/26/02 with an update on this farm, She said that the District is
working on the wettable acres. She also said that plans are in place to level up the low spot in
field 1 and sprig bermuda in this area in the near future, She said that trash has been removed
from the lagoon. She did not know if the leaking air vent of hydrant 5 had been replaced. She
said that she believed that the April 4, 2001 freeboard record showing the lagoon at 17 inches
was taken by a new service person for the farm who was incorrectly reading the lagoon marker.
She said the lagoon is thought to have been around 20 inches during this time period, and she did
not believe that the lagoon had been in the red (violation).
All of the above issues relate to the December 3, 2001 inspection that I performed at the farm.
Stonewall Mathis
DWQ-Environmental Engineer 1
2/26f02

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