240098_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Quai

Michael F. Easley
Governor
William G. Ross Jr., Secretary
Departrnent of Environment and Natural Resources
Wart W. Klimek, P.E. Director
r Coleen H. Sulfm. Deputy Director
Division of Water Duality
February 2, 2004
Mr. Vester Register
Vester Register Farms
1661 Hallsboro Road South
Hallsboro, NC 28442
SUBJECT: Final Notice
Request for Payment of Civil Penalty
Farm # 24-98
File No. PC 03-027
Columbus County
Dear Mr. Register:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Your immediate attention to this matter is required. On October 6, 2003, the Division of
Water Quality (DWQ) assessed a civil penalty against you in the amount of $2,423.85 for
excessive ponding of animal waste on your sprayfield and failure to keep records of all land
application events. DWQ has the certified mail green card, signed by Brian Register, that shows
the civil penalty assessment was received on October 9, 2003.
In that letter, you were notified that you had three options available to you within thirty (30)
days according to North Carolina General Statute 143-215.6A. You could pay the penalty, you
could request remission of the penalty, or you could file a contested case petition with the Office
of Administrative Hearings. As of February 2, 2004, you have not done any of those three
things.
Therefore, by state law, the full amount of the penalty is immediately due and payable.
This letter serves as final notice that DWQ will refer your case to the North Carolina
Attorney General's Office unless payment is received within 10 days of your receipt of this
notice. If necessary. the Attornev General's Office will file a case against you in the
Superior Court of Columbus County to collect the penalty.
Customer Service: Mailing Address. Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Aflimtadve Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr state.nc. us
MUM
Location.
512 N. Salisbury St.
Raleigh, NC 27699-1617

9­1
Vester Register
February 2, 2004
Page 2 of 2
Please send the payment within ten calendar days to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you would like a receipt that your payment was received, please send it via certified mail.
If you have any questions, please contact Steve Lewis at [phone] ext. 539 or Linda
Fitzpatrick at [phone] ext. 526.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
cc: Wilmington Regional Supervisor
Gale Stenberg, WIRO
File # PC 03-027
Central Files

MEMORANDUM
TO: Steve Lewis, Environmental Specialist III
Non -Discharge Compliance/Enforcement Unit
FROM: ' Gale Stenberg, Environmental Specialist II
Wilmington Regional Office T"
THROUGH: Rick Shiver, Water Quality Regional Supervisor r�
Wilmington Regional Office
SUBJECT: Enforcement Report
Vester Register
Facility: Vester Register Farms 24-98
Columbus County
DATE: July 21, 2003
Attached please find the subject enforcement report that concludes Vester Register:
1. Violated Condition No. IL 4. of the Permit by applying waste at rates that resulted in ponding.
2. Violated Condition HI.6. of the Permit by failing to maintain records of all land application events.
On April 16, 2003 during a regional fly over inspection, animal waste ponding was observed on an
application field while animal waste application was ongoing in another application field. Vester
Register was issued a Notice of Violation on April 16, 2003 for failing to maintain an adequate freeboard
level_ After reviewing the records that were submitted to this office by Mr. Register in response to this
violation, it was found that the pumping records for this facility did not list the pumping event for April
16, 2003 that was observed and documented during the fly over inspection.
Based on these findings, 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 $423.85 pursuant to North
Carolina General Statute 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8).
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
VESTER REGISTER
FOR VIOLATION OF SWINE WASTE
MANAGEMENT SYSTEM GENERAL
NPDES PERMIT NCA200000
- NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. PC
} 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, I, J. Kent Wiggins, Acting Supervisor
of the Non -Discharge Unit of the Water Quality Section of the Division of Water Quality (DWQ), make the
following:
I. FINDINGS OF FACT:
A. Vester Register owns and operates Vester Register Farms, a swine animal operation located
on the northwest side of SR 1928 approximately four miles east of intersection with Hwy
130 in Columbus County.
B. Vester Register was issued Certificate of Coverage NCA224098 under Swine Waste
Management System General NPDES PermitNCA200000 issued pursuantto North Carolina
General Statute 143-2151 on April 9, 2003, effective on April 9, 2003, with an expiration
date of July 1, 2007 for the operation of a swine waste collection, treatment, storage and
application system.
C. Condition No. IL 4 of Swine Waste Management System General NPDES Permit
NCA200000 states that "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. In no case shall land application rates result in excessive ponding or any
runoff during any given application event."
D. Condition No. M. 6. of Swine Waste Management System General NPDES Permit
NCA200000 states in part "The Permittee shall record all irrigation and land application
event(s) includingbydraulic loadingrates, nutrient loading rates and cropping information."
E. On April 16, 2003, Mr. Gale Stenberg of the Wilmington Regional Office of the Division
of Water Quality performed a regional fly over inspection and observed ponded animal
waste on an application field as well as ongoing application of animal waste on another
application field.

F. Vester Register was issued a Notice of Violation on April 16, 2003 for failing to maintain
an adequate freeboard level. After reviewing the records that were submitted to this office
by Mr. Register in response the Notice of Violation dated April 16, 2003, it was found that
the pumping records for this facility did not list the pumping event for April 16, 2003 that
was observed and documented during the fly over inspection.
G. Vester Register had no valid permit for the above described activities.
H. The cost to the State of the enforcement procedures in this matter totaled $423.85.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Vester Register 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. Vester Register violated Condition No. II. 4. of Swine Waste Management System General
NPDES Permit NCA200000 by applying waste at rates that resulted in ponding.
D. Vester Register violated Condition M. 6. of Swine Waste Management System General
NPDES Permit NCA200000 by failing to maintain records of all land application events.
E. Vester Register may be assessed civil penalties in this matter pursuant to G.S. 143-
2I5.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand
dollars ($25,000.00) per violation per day 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, or who violates or
fails to act in accordance with the terms, conditions, or requirements of such permit.
F. The S tate's a nforcement c osts i n t his m atter m ay b e a ssessed a gainst V ester R egister
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 Acting Supervisor of the Non -Discharge Unit
of the Water Quality Section, Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, has the authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Vester Register is hereby assessed a civil penalty of:
M
$ 423.85
for of one violation of Condition No. H. 4 of Swine Waste
Management System General NPDES Permit NCA200000 by
applying animal waste such that ponding occurred.
for of one violation of Condition M. 6 of the General Permit
for failing to maintain records of all land application events.
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
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 willfiilly 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) J. Kent Wiggins, Acting Supervisor
Non -Discharge Unit
Water Quality Section
Division of Water Quality

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator. Vester Register
Contact Person: Mr. Brian Register
Address: 1661 Hallsboro Rd South, Hallsboro, NC 28442
Facility #: 24-98
Receiving Stream: Little Swamp and Unnamed Tributary to Juniper Creek
Classification: Juniper Creek is listed as Class C Sw Waters of the State
Regional Office: Wilmington
Inspector: Gale Stenberg & Stonewall Mathis
Report Prepared By: Gale Stenberg
Case Narrative:
On April 16, 2003 during a regional fly over inspection, animal waste ponding was observed on an
application field while animal waste application was ongoing in another application field. Vester
Register was issued a Notice of Violation on April 16, 2003 for failing to maintain an adequate
freeboard level. After reviewing the records that were submitted to this office by Mr. Register in
response to this violation, it was found that the pumping records for this facility did not list the
pumping event for April 16, 2003 that was observed and documented during the fly over inspection.
Farm and/or Company Compliance History: Include: a cpRy oof_CAFO Designation letters.
previous NOV's. NOD's previous civil assessments. etc.
A Notice of Violation dated March 20, 2000, was issued for revocation of permit for nonpayment.
A Notice of Violation dated April 15, 2003, was issued for violating the freeboard standards.
Amount of Waste Discharge if a licable . If amount cannot be estimated what is the rate
of flow_reaching surface water.
Animal waste ponding was observed on one of the application fields during a flyover inspection.
Sample Results (If applicable] with locations of samples taken noted in relation to the
discharge point:
The sample results are not applicable to the area in which the ponded animal waste was observed.

Violator's degree of coo eration(including efforts to prevent or restore recalcitrance:
Attempts were Evade to contact the facility representatives on April 16,' 2003 after the flyover
inspection; no one could be reached. On April 17, 2003, several attempts were made to contact the
facility representatives including telephoning, visiting the facility (to be greeted by a locked gate),
and visiting Mr. Register's residence; still no one could be reached. After checking with
management, because of the observations during the flyover inspection an&the inability to get in
touch with anyone from the farm, it was decided that a warrant was to be obtained from the local
county court house and to notify the Sheriff's Department that we would need an escort_ As a last
try we then called leaving a message on the answering machine informing them of our intent to
obtain a search warrant and Sheriffs Department escort. Within a few minutes after hanging up the
phone, we were called by Mr. Register and were told that the warrant was not necessary and that he
would meet us at the site so that we could perform the inspection. Mr. Brian Register then met us
at the farm, unlocked the gate and let us perform our compliance inspection.
Mr. Register in his response does 'say that a cleanup was performed.
Fish kill observed? YIN if yes, include report from WRC:
No fish kill was observed at the time of the inspection.
Mitigating Circumstances:
No 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.
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:
This is thought to be minimal.
2. The duration and gravity of the violation:
The ponding is thought to have occurred for at least a day. The gravity is that this is a serious
violation as ponding can easily lead to runoff and discharges to waters of the State.

3. The effect on ground or surface water quantity or quality or on air quality:
This is minimal.
4. The cost of rectifying the damage:
This is unknown but thought to be minimal.
5. The amount of money saved by noncompliance:
This is thought to be minimal.
6. Whether the violation was committed willfully or intentionally:
This is unknown.
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 found.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $423.85, as follows:
Staff, Stenberg 14.5 hours @ $19.55/hour $283.48
Pictures 4 @ $0.25 each $ 1.00
Mileage 127 miles @ $0.31/mile $ 39.37
Administrative Costs 100.00
Total $423.85

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VESTER REGISTER- GROWER #31 1
• STATE ROUTE #1928 - COLUMBUS COUNTY
6 - 800 FEEDER TO FINISH
QBSP# 23-114-23-20
DIRECTIONS: FROM WHITEVILLE, . TAKE HWY 130 TOWARD
SHALLOI"PE. AT OLD DOCK, TAKE LEFT ON STATE ROUTE 11928. FARM WILL
BE APPROXIMATELY 4 MILES ON LEFT.
MAILLING ADDRESS:
VESTER REGISTER
1661 HALLSBORO RD SOUTH
HALLSBORO, NC 28442
[phone]
SHIPPING ADDRESS:
VESTER REGISTER
STATE ROUTE #1928
ASH, NC 28420
BROWS OF CAROLINA, INC.
303EASTCOLLEGE STREET - P.O.BOX487 - WARSAW. N.C. 283984U87 - OFFICE [phone] • FAX-(910)293-47M
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Division of Water Qnali#g - _ -
- _ Q Diviisiore of Sod tend Wtetef Conservation .- _ _ _
_
Type of Visit Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification Cgher ❑ Denied Access
S
Facility Number elate of 4'isit. 7 �3 Time: Z nn
10 Not Overatiorial Q Below Threshold
© Permitted 13 Certified 0 Conditionally Certified © Registered Date Last Operated or Above Threshold:
Farm Name: �E�+ c i nEr - lcr ? f County- i r 1 e•,�. b -' 3
Owner Name: y`�5- x E� �£ r Phone No:
A[ailing Address:
Facility Contact: Title: Phone No:
Onsite Representative: b f- rsC1; : `S-4'r rato 6I-er ar.
T
Certified Operator: Operator Certification Number:
Location of Farm:
❑ swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' � 0- Longitude • �• �»
Design Current
Swine Capacity Population
Wean to Feeder
❑ Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
10 Boars
Number of Lagoons
Holding Ponds 1 Solid Traps
Design Current Design Current
Ponl Capacity Population Cattle capacity Population
Layer JE1 Dairy I
Non -Layer I I I ILI Non -Dar
Ej Other
Total Design Capacity
Total SSLW
J" Subsurface Drains
Discharges 8- Stream Impa.M
1. is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field []Other
a. If discharge is observed, wa. the convevance 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 gaL'min?
d. Does discharge bypass a lagoon system? (If ves, 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?
U aste Collection &Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure ? Structure 3 Structure 4 Structure 5
identifier: i
Freeboard (inches): _ 1-3
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
'0Yes
❑ No
❑ Yes
❑ No
Yes
❑ No
Structure 6
05103101 Continued

cilitt; Number. XY — I R Date of Inspection
;. Are there anv immediate threats to the integrity of any of the structures observed? (ie. trees, severe erosion. ❑ Yes ❑ No
seepage. etc.)
6. Are there structures on -site which are not properly addressed and'oT managed through a waste management or
closure plan? ❑ Yes ❑ No
(If any of questions 4-6was answered yes. and the situation poses an
immediate public health or environmental threat, notify DNVQ)
7. Do anv of the strucnrres need maintenancelimprovement? ❑ Yes ❑ No
S. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation marlines? ❑ Yes ❑ No
%Vaste DMication
I0. Are there any buffers that need maintenanceiimprovement? ❑ Yes ❑ No
? 1. is there etiidence of over application? ❑Excessive Ponding ❑PAN Hydraulic Overload Yes ❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
I4. a) Does the facility lack adequate acreage for land application? ❑Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Re aired Records - De men
17. Fail to have Certificate of Coverage & General Permit or other Permit headily available?
: 19. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(iel'%'tiP, checklists, design, reaps. 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 opemmr in charge?
22. Frail to notify regional DWQ of emer.gency situations as required by General Permit?
(ie' discharge. freeboard problems. over application)
_3. Did Re-6ewea'Inspector fail to discuss review•; inspection with on -site representative?
24. Does facility require a follow-up,.isit by same agency?
25. aV ere any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ❑ No
❑Yes ❑No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes O No
❑ Yes _21 No
❑ Yes ❑ No
❑ Yes ❑ No
113 No violations or deficiencies were noted during this visit. You will receive no farther correspondence about this visit
Comnaeats {refei to gnestic; i)� It p any YES melt mmdlor iiecam atioas ar sup aibstr - -.
Use drawings of facility to better explain dbm ians. (use additional pages as necessary): ❑ Pield Copy ❑ Final Notes
-I-j, Ifele y 0"c - :n w►,.`G4
.,d•'.- q 'q''� '-"v P- G0 wC�S [ti��E "�er� . �{`wt;.�c,� W�s-i !i!t' ev,,Dff
[�4 C, v r'01-e •S i• h�=.-ct�l ; •'1 -c wa4 �rj � AE Sf44 . TLte d.sGl rc
ReAewer/inspector Name
Reviewer/Inspector Suture:' Date: / D S
O-W3/0I Confinued

PHOTO 3 Air Aerial photo of farm showing waste being applied on hack field and the wetland area in
the top right hand corner of the photo.
PHOTO 4 Air Aerial photo showing waste being applied on back field.

i
PHOTO 1 Air Aerial photo of Vester Register Farm showing ponded waste in depression leading
towards woods.
PHOTO 2 Air Aerial photo of ponded waste in depression leading towards wetland area in woods.

�0� WA TFRCO 4
al
>_
❑ 'C
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7001 1140 00021285 2970
RETURN RECEIPT REQUESTED `
Mr. Vester Register
Vester Register Farms
1661 Hallsboro Rd South
Hallsboro, NC 28442
Dear Mr. Register:
Alan W. Klimek P.E., Director
Division oi? Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 16, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Vester Register Farms
Facility Number: 24-98
HalIsboro, NC
Columbus County
This Notice of Violation is issued on this date to Mr. Vester Register, owner/operator of the Vester
Register Farm covered under Certificate of Coverage AWS 240098. This Certificate of Coverage was
issued by the State of North Carolina under Swine Waste General Permit AWG100000.
On April 16. 2003 during a regional fly over inspection, several area's on the front and back fields
of this farm showed evidence of ponded waste and possible discharge into waters of the State. These
observations were photographed. On April 17, 2003, a follow up ground inspection was performed by staff
from the Wilmington Regional Office of the Division of Water Quality. During this inspection, several
violations were verified and documented.
Violations found are listed as follows:
A significant amount of ponded waste was documented in the application areas were it had
collected along the back fields edge and along a low area in the front field. The ponded waste was
caused by over applying waste on rain saturated fields.
The ponding of wastewater is a violation of Condition 11.4 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. Ponded waste in the application areas then drained off of the fields into Little Swamp, an unnamed
tributary to and into Juniper Creek. The waste which discharged into waters of the State from these
areas was estimated to be at least 250 gallons in volume.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 3953900 Fax [phone]U04 Customer Service
800-623-7748

Vester Register Farms
June 16, 2003
Page 2of3
This is a 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.
This is also in violation of Part 1. Performance Standards, Section 1 of the General Permit that
states, 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 into surface waters, wetlands, or ditches"
This is also in violation of Part II. Operation and Maintenance Requirements 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."
3. At the time of inspection, the lagoon waste level was at 13". On April 16, 2003 a notice of violation
had been issued to this facility for the failure to maintain an adequate freeboard level. The Violation
Notice also requested that information be submitted to this office concerning past pumping events,
freeboard levels, etc. In the records submitted to this office, it is documented that the first date listed
for being, in violation of the freeboard standards was March 1, 2003 and that the State was not
notified until March 24, 2003. This is a violation of the 24 hr. State notification time limit
requirement.
The Division was also not notified regarding the known ponding or discharge events.
This is in violation of Part III. Monitoring $ Reporting Requirements Section 6f of the General Permit;
which requires the Regional Office to be notified as soon as possible, not to exceed 24 hours.
4. The pumping records submitted to this office also do not list a pumping event for April 16, 2003.
As stated above, during the fly aver inspection, waste was observed and documented being applied
on this date to one of the back fields.
This is in violation of Part 111.5. Monitoring and Reporting Requirements of the General Permit that
states, "Records, including land application event(s) and removal of solids to an off -site location(s)
records, shall be maintained by the Permittee in chronological and legible form for a minimum of
three years. These records shall be maintained on forms provided or approved by the DWQ and
shall be readily available for inspection"
Response requirements are listed as follows:
1. A written response must be submitted to the Wilmington Regional Office, Division of Water Quality
that includes:
a. An explanation of the violations.
b. A description of the actions taken to bring the violations back into compliance and to prevent
their recurrence.

Vester Register Farms
June 16. 2003
Page 3 of 3
2. The written response must be received by this office within 15 working days of the receipt of this
notice.
You may wish to contact your Service Company, County Soil & Water district office, county
extension office, a qualified technical speciarist, andfor 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 forthe above noted violations. These violations may
result In civil penalties of up to $25,000 per violation in accordance with North Carolina
General Statute 143-215.6A(aH2). You may also be assessed for reasonable costs of the
investigation In accordance with North Carolina General Statute 145-215.3(aH9). Your
response Will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division oftitfater Quality may pursue additional actions
In this matter Including injunctive relief and permit revocation.
If you have any questions concerning this matter please do not hesitate to contact either Mr. Gale
Stenberg of our Wilmington Regional Office at [phone] or Mr. Steve Lewis of our Central
Office at [phone] ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Columbus County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown
Neal Floyd, Columbus County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 24-98
S:IWQSIANIMALSICOLUMBUS12003124-98 Vester Register Farms NOVRFE

Vester Register Farms
July 7, 2003
Dear Mr. Shiver,
I am responding to the NoV and Recommendation for Enforcement letter I
recently received. An explanation as to why my lagoon level was not reported to the
DWQ prior to March 24, 2003 is because I had left my farm manager responsible for
weekly lagoon readings while out with my wife during the birth and homecoming of our
first child. I returned to the farm the weekend of March 22"d and in reviewing my farm
manager's daily and weekly notes realized that the farm had been in freeboard violation
over the past couple of weeks. Once realizing this I contacted my technical specialist and
it was then reported to DWQ.
As to the April 16, 2003 irrigation events they have been documented and
calculated on the attached Irr-2 forms.
The mixture of ponded waste and rainwater observed in the back spray field of the
farm was a result of saturation of the soil. To prevent the recurrence of ponding and any
possible run off, all irrigation was shut down at approximately 10:30 a.m. on April 16,
2003 and fields received no further irrigation until land conditions permitted. On April
17t' at approximately 5:30 p.m. a 1000 gallon nurse tank, with 5 horse, reverse suction,
and pacer pump was used to pump approximately 2500-3000 gallons of water out of
Little Swamp, an unnamed tributary to Juniper Creek.
Sincerely,
Brian Register
Vester Farms (24-98)

lrr-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type I BH
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151 Field # 1
4.2.
Register
Facility# 10-37
OIC
OIC fir'
PAN L 200
Date
Start Time
End Time
Total Min.
# Sprinklers
Flow Rate
Total Volume
(Gallons)
Volume per
Acre
(Gal/Acre)
Waste Analysis
PAN Applied
Nitrogen Sal.
Obs/acr)
3/26/03
10:00 AM
12:05 PM
125
1
197
24625
5863
1.6
9
191
3/27/03
10:00 AM
12:05 PM
125
1
197
24625
5863
1.6
9
181
4/11/03
7:00 AM
10:00 AM
180
1
197
35460
8443
1.6
14
168
4/ 11/03
7:00 AM
10:00 AM
180
1
197
35460
8443
1.6
14
154
5/5/03
8:00 AM
11:00 AM
180
1
191
35460
8443
1.6
14
141
5/12/03
6:30 PM
9:30 PM
-180
1
197
35460
8443
1.6
14
127 '
5/18/03
6:30 PM
9:30 PM
180
1
197
35460
8443
1.6
14
114
mixfove

Irr-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type I BH
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151 Field # 2
5.5
Register
Facility# 10-37
01C
OIC It
PAN 1 200
Rate
Start Time
End Time
Total Min.
# Sprinklers
Flow Rate
Total Volume
(Gallons)
Volume per
Acre
(Gal/Acre)
Waste Analysis
PAN Applied
Nitrogen Be[.
(Ibs/acr)
3/26/03
12:42 PM
3:45 PM
183
1
197
36051
6565
1.6
10
190
4111103
7:30 AM
11:30 AM
240
1
197
47280
8596
1.6
14
176
4/24/03
8:00 AM
10:00 AM
120
1
197
23640
4298
1.6
7
169
5/5/02
8:00 AM
10:30 AM
150
1
197
29550
5373
1.6
9
160
5/12/03
6:30 PM
9:45 PM
195
1
197
38415
6985
1.6
11
149
5/21/03
8:00 AM
11:00 AM
180
1
197
35460
6447
1.6
10
139

I ! .
High Freeboard Evaluation Form
Facilitv Name: Facility Number: [ -
Person Completing Form: jz, ' 4 L Date Form Completed:
Date Information Due to DWQ: Date information received _ 7%/c� 3
Extension Due Date:
Information Received:
Current Freeboard Yes _IeNo Level(s) (in inches) a X,
Freeboard Levels for Previous 12 Months Yes v5�`No _ Incomplete t-� 41v<1-
Spraying Records for Past 12 Months Yes No Incomplete
Rainfall Records For the Past 12 Months Yes , No N/A &-Scomplete {%
Cropping and PAN Information Yes ` No 4ve Incomplete ✓
Summary of Actions Taken to Restore the Needed Freeboard(s)
Yes — No ✓ Incomplete -
Description of Water Conservation Measures In Use
Yes L,,-No Incomplete
An updated POA if the Freeboard is still in Violation Yes — No — N/A c/
Detailed Description of Actions Taken or Proposed to be Yes _ No
Taken to Prevent Future Freeboard Violations Incomplete
Date High Freeboard Level Was First Reported to DWQ by Producer 3hy/03
Date of First Violation from Farm Records 31b/o 3
Items proposed in the Plan of Actions to Bring the Facility Back into Compliance
Pump and Haul Remove Animals Delay Restocking
Add Land to NMP Add Application Equipment
Spray when site is acceptable Others (Please Specify)
HFEF 5-12-03 1

11
Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed)
Lagoon Storage Basin (Check as Appropriate)
Lagoon or Storage Basin Identifier
Design Total Days of Storage for the Facility (From CAWMP) I
Stop Pump Level for lagoons or the bottom of the storage basin (inches) �!�
Lowest Liquid Levels Reported in the month of:
Month Date Level (in inches)
August -e%3-, cL 3 Z
September
October Ithr - I? I
November r 1 /7 3 1
Required Minimum Freeboard (red zone in inches):
Does the Minimum Include a Chronic Rainfall Factor Yes
Recorded Freeboard Violations
Date Level (in inches) Date POA Submitted
31r o 1'2
3is _ L7
3L5 /S
3/zr /3
No
S or 30 day
HnF 5-12-03
PA

.^ 1
Facility PA.N Balance From the CAW.W (pounds)
Did the Facility Comply with its NMP for the Past 12 Months Yes c/<o _
If No, What Violations Were Identified:
From the review of the facilities irrigation records, does it appear that the facility made
optimal use of the days when irrigation should have taken place. If not, please explain:
If the Facility has Installed Water Conservation Devices, what devices were installed and
when: 44. n ' /tom
What Actions have been taken or proposed to be taken by the Facility to Prevent Future
High Freeboard Violations (check appropriate items):
Better Management of the System c1
Add Additional Storage Volume
Add Lagoon Covers
Add Additional Land Application Sites
Add Additional Irrigation Equipment
Install Water Conservation Equipment
Reduce the Number of Animal at the Facility
Change Type of Operation
Others (please explain):
HFEF 5-12-03 3

rrCm : Brr4r► 1,'� �Sffr
Weekly Rainfall & Lagoon Level Records
Date
Rain
Lagoon 7
Lagoon 2
Date
Rain
Lagoon I
Lagoon 2
I�.fj 'L/Gwj � �
23
3 y
1
D� I
y
o-�
1
-
---
-!
37
J
3- �Zg-D
,+ � p
s /9--0.2
- -a
- &V -o
o
- .o
2
A -9f -o
!�
y
- - o
9- 7- d.7-
.:
Air
{ _ .0 ��
�

Ire-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type IBH
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151
Field #1
1
4.2
Register
Facility# 10-37
OIC
OIC #
PAN 1 200 —�
Dale
Start Time
End Time
Tolal Min.
#I Sprinklers
Flow Rate
Total Volume
(Gallons)
Volume per
Acre
(Gal/Acre)
Waste Analysis
PAN Applied
Nitrogen Set.
(lbslacr)
3/26/03
10.00 AM
12:05 PM
125
1
197
24625
5863
1.6
9
191
3/27/03
10:00 AM
12:05 PM
125
1
197
24625
5863
1.6
9
181
4/11103
7:00 AM
10:00 AM
180
1
197
35460
8443
1.6
14
168
4/21/03
7:00 AM
10:00 AM
180
1
197
35460
8443
1.6
14
154

Register Farms
Waste Irrigation Report
Hydrant 01 # sprinlders 1
Crop Ber Hay Acres Covered 4.2
Lbs N Required 200
Year 2002 Lbs N Residual
Field 6151-3B Lbs N to Apply 200
?ate
Start
Stop
N1000
Lbs N
Into
Time
Time
PSI GPM Gallons
Lagoon
gal
In/Ac
Lbs N
to Apply
Apply
f 03/10/02
k 8:00:00 AM
12:30:00 PM
iF 0 1197 j 53190
1 1
2.30
1 0.47
29.19
170.81 ;
2.75
03/12/02
7:30:00 AM
j 11:00:00 AM
i 70 197 41370
1
2.30
i 0.36
f 22.36
148.46
239
07/1 &02
i 12:00 00 PM
3:30.00 PM
70 197 ; 41370
I 1 i
2.30
0 36
F 22 3$
12B-10
2.03
08/10/02
7:00 00 AM
70 197 53190
I 1 j
i 29.19
96.91
1.56
11:30:00 AM
2.30
0.47
i08125102
8:00:00 AM
1200 00 PM
€ 70 197 47280
=
230
0.41
125.46
71.45
1.15
�j�^r�-�!
0.00
17 45
F � �
�^
F` 0.00
71.45
G � 0
0 ! '�
0 t
0.00 1 71.45
f
i �� 0.00 71.45
0.00 71.45

i
i
�l
I rr-2
Tract #
Welted Acres={A}
Farm Owner
Owner's Address
Owner's Phone #
Crop Type 113H
Lagoon Liquid Irrigation Field Records
One Form For Each Field per Crop Cycle
6151
Field #
2
5.5
Re aster
Facility# 10-37
OIC
OIC #
PAN 200
MMMOMMMI(GaVAcre)—:==M�
Volume per
Acre
C�CC�C�CC��

Irr-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's phone #
Crop Type JBH
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
t3151
Field #1 2
5.5
Register
Facility# 10-37
OIC
OIC #
PAN 1 200
Wmteftalysfs
Mal
..
mA

Register Farms
Waste Irrigation Report
m
Hydrant 02 # Sptinkle
Crop Ber Hay
Year 2002
Field 6151-3B
1
Acres Covered 5.5
Lbs N Required 200
Lbs N Residual
Lbs N to Apply 200
')ate
start
Stop
W1000
Lbs N
In to
Time
Time
PSI
GPM
Gallons Lagoon
gal
In/Ac
LbsN
toAppi) Apply
03118/02
8:00:00 AM
10 -45:00 AM
70
197
32505
1 1
2.30
10.22
F:F3.66
'118634
3.00
�03/14/02
i 8:00:00 AM
10,30*00 AM
2.30
j 0.20
j 12.42
1173.92
280
197
29550
—1.. j:
08/10/02
1:00-00 PM
3:30:00 PM
F 67
��42161-
150
2.60
-
29550
T
1
2.30
0.20
08/26102
8:00:00 AM
11:00:00 AM
2.30
0.24
F
F14.90
148.59
2.38
70
1197 f
35460
I 1 E
0,007
514E-5-9
0
F—
F—
F-6-6-6
146.59
F—o—
0.00
146.59—
0
0
0.00
0
0.00
'146.59
0
1146.59
0.00

Register Farms
Waste Irrigation Report
Nydrant 03 # Sprinklers I
Acres Covered 2
Crop Ber Hay Lbs N Required 200
Year 2002 Lbs N Residual
Field 6151-3A
Lbs N to Apply 200
)ate Start Stop
W1000
Lbs N In to
Time Time PSI GPM
Gallons Lagoon gal In/Ac LbsN
to Apply Apply
8:35.00 AM —
OM3102 8:00:00 AM 70 I'l 97
—7-1
6895
F23-0 F—
0.13 8.07
119193 3.09
0.00
i191.93
0
0
0.00
191.93
0
J 0.00
1191.93
66-6
F -
1191-93
0
1191-93
r
0.00
191-93
0
0
0.00
1791-93
0.00
0
!191-93

Irr-2
Tract #
Wetled Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type I 8hf
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151 Field #
4
3.3
Register
Facility# 10-37
OIC
OIC #
PAN 1 200
MOMMMMV01UM�PormM.
Acre
• f
•; '
•'
f .
f .
• 1
i
���
...moo.........®............�....

Register Farms
Waste Irrigation Report
Hydrant 04 # Sprinklers '[
Crop Ber Hay Acres Covered 3.3
Lbs N Required 200
Year 2002 Lbs N Residual
Field 6151-3A Lbs N to Apply 200
')ate
Start
Stop
N11000
Lbs N
In to
Time
Time
PSI GPM
Gallons
Lagoon
gal
In/At
Lbs N
to Apply
Apply
03/19/02
8:00, 00 AM
1 9:30 00 AM
F 70 1 197
17730
1 i
2.30
I Q.z0
12.42
1187.58
3.02
05111102
1
;11:00:00 AM
j 12:30:00 PM
i 70 i 197 I
1
2.30
0.20
1242
17516
2.82
17730
-70 197 f
1
2.30
D.2p
12.42
162.74
2.62
17730
08J11102
€ 5:00:00 PM
` 6:30:00 PM
08/24/02
i 8:00:00 AM
r 1
158.39
2.55
0.07
4.35
8:30:00 AM
70 197
5910
3
0
158.39
p
p
`
�� ;
I
OQ 0
158.39
i
a
D.oQ
158.39
I
1
0.00
1158.39
0.00
158.39
0
!
0.00
15 38 9
'.

Irr-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151
Field #1
6
2.3
Register
Crop Type 1811 771
Facility# 10-37
OIC
OIC #
PAN 1 200
Date
Start Time
End Time
Total Min.
p Sprinklers
Flow Role
Total Volume
(Gallons)
Volume per
Acre
Acre
Waste Analysis
PAN Applied
Nitrogen Bal.
(ibs/acr)
3/30/03
8:00 AM
9:30 AM
90
1
197
17730
7709
1.6
12
188
4112/03
7:30 AM
9:00 AM
90
1
197
17730
7709
1.6
12
176
4114103
7:00 AM
10:00 AM
180
1
197
35460
15417
1.6
25
151
4/25/03
7:30 AM
9:30 AM
120
1
197
23640
10278
1.6
16
134
4/ / 33
8:00 AM
10:30 AM
150
1
197
29550
12848
1.6
21
114

Register Farms
Waste Irrigation Report
# Spiniders
Hydrant 06
Crop Ber Hay Acres Covered 2.3
Year 2002 Lbs N Required 240
Lbs N Residual
Field 6151-2 Lbs N to Apply. 240
")ate start Stop
. W1000
Lbs N In to
Time Time PSI
GPM
Gallons
Lagoon gal
In/Ac Lbs N
to Apply Apply
:70
03120/U2 7:30:00 AM 12:00:00 PM
197
53190
1 1 2.30
10.85 52.78
3.01
08/13102 nom Am 9:15:00 AM 0
i0.24 114.90
172.31 2.77
i197
14775'
2.30
0
0.00
0
10.00
172-31
0
0
0
F— 0.00
F1 72-31
i
D. 00
j172-31
0
0
0.00
1172.31
0
0.00
172.31

Register Farms
Waste Irrigation Report
Hydrant 07 # Sprinklers 1
Crop Ber Hay Acme Covered 4.13
Lbs N Required 240
Year 2002 Lbs N Residual
Field 6151-2 Lbs N to Apply 240
late Start
Stop W1000
Lbs. N in to
Time
Time PSI GPM Gallons Lagoon gal
InfAc LbsN
to Apply Apply
WNW 02 7:00:00 AM
!10:15:00AM F70 197 11 38415 1 2.30
1 0.34 21.11
1218.89 3.52
,08114/02 TMOO AM
11:00:00 AM 70 1 197 I 47280 1 2.30
0.42 126.08
1192.80 3.10
0
FO-00
OF92-80
0
0 i
I I 0.00
119FO-0-0
192.80
F—
0
10.00
1�80
0
10.00
[iizso:�
0
1192.80
0
0.00
192.80

Irr-2
Tract At
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type SG
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151
new #1
7
4.13
Register
Facility# 10-37
OIC
OIC At
PAN 1 240
Volume per
(Gal/Acre)
I

Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
t3151
Field #1 7
4.13
Register
Crop Type SG 71
Facility# 10-37
OIC
OIC #
PAN 1 50
!======,Total
Volume
r :
: : ,
08503
MAE=����

Irr-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type ap
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
8151
Field #1 8
3.4
Register
Facility# 10-37
OIC
OiC #
PAN 1 240
.:
.:
r:
- ..:.
..:

0
Irr-2
Tract #
Welted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type SG
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151
Field # B
3.4
Register
Facility# 1t]-37
OIC
OIC #
PAN 50
MOM
M

Register Farms
Waste
Irrigation
Report
Hydrant
08
# Sprinklers I
Crop
Ber Hay
Acres Covered 3.4
Lbs N Required .240
Year
2002
Lbs N Residual
Field
6151-2
Lbs N to Apply 240
Start Strap
N/1000
Lbs N In to
Time Time PSI. GPM
Gallons
Lagoon gal InfAc Lbs N
to Apply Apply
.oatiim 1:00:00 PM 3:30:00 PM 1 70 97 1
295 w
1 2.30 0.32 119.87
1220.13 3.54
I 10.00
22013 i
0
0
F 0.00
,220.13
FO-00
[220.13
o
1220.13
0
I i 0.00
[220.13
0
0
0.00.
1220.13
0
0.00
1220.13
0
�01 3
i 0.00
1226.13
0

Irr-2
Tract #
Welled Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type BH
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151 Field #1
9
2.06
Register
Facility# 10-37
OIC
OIC #
PAN 1 240
Acre

Register Farms
Waste Irrigation Report
Hydrant 09 # sprinklers 1
Crop Ber Hay Acres Covered 2.06
Lbs N Required 240
Year 2002 Lbs N Residual
Field 6151-2 Lbs N to Apply 240
')ate start Stop
N11000
Lbs N In to
Time Time
PSI GPM
Gallons
Lagoon gal
In/Ac LbsN
to Apply Apply
.06/10/02 8:00:00 AM 00:00:00AM
1 70 197
23640
i 1 j 2.30
1 0.42 126.08
1213.92 1 3.44
08/17102 11:00-00 AM 12:45:00 PM
70 197
0.37 22-98
1190-94 3.07
20685
1 2.30
F
0
F— 666
F —
1190.94
0
1
0-00
1190.94
0
r 0.00
1190.94
0
0
1190.94
0.00
0.00
'190.94
0
r 0-00
Fi 90-94
0
0.00
190.94

Irr-2
Tract #
Wetted Acres=(A)
Farm Owner
Owner's Address
Owner's Phone #
Crop Type SG
Lagoon Liquid Irrigation Field Records
One Form for Each Field per Crop Cycle
6151
Field #
9
2.06
Register
Facility# 10-37
OIC
OIC #
PAN 1 50
•iAcre
Volume per
�:
Rama

Register Farms
Waste Irrigation Report
Hydrant 09 # Sprinkfers I
Crop Ber Hay Acres Covered 2.06
Lbs N Required 240
Year 2002 Lbs N Residual
Field 6151-2 Us N to Apply 240
,)ate
start Stop N11 000
Time Time PSI GPM Gallons Lagoon gal In/Ac Lbs N
Lbs N In to
to Apply Apply
W-0102
8:00: OD AM J-10:00:00AM 1 70
-30 1-2
111:00:00 AM 12-45:00 PM
9 7�.�3.07
08/17/02
F --- F-
F.
F DAD
190.34
1190.9 - 4
7-
F FE--�o
1
F—
F-
-9op4 .
190,94

WAT�9
Q
Vester Register
Vester Register Farms
1661 Hallsboro Rd South
HaUsbom NC 28442
Dear Vester Register.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment ai id Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
April 9, 2003
Subject: Certificate of Coverage No_ NCA224098
Vester Register Farms
Swine Waste Collection, Treatment,
Storage and Application System
Columbus County
On March 14, 2003, the North Carolina Division of Water Quality (Division) issued an NPDES General
Permit for swine facilities. The General Permit was issued to enable swine facilities in North Carolina to
obtain coverage under a single permit that addresses both State and Federal requirements.
In accordance with your application received on March 3, 2003, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to Vester Register, authorizing the operation of the subject animal
waste collection, treatment, storage and land application system in accordance with NPDES. General
Permit NCA200000. The issuance of this COC sup=edes and terminates your COC Number
AWS240698 to operate under State Non Discharge Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Vester Register Farms, located in ColumbusCounty, with an animal capacity of
no greater than an an nillal average of 4800 Feeder to Finish swine and the application to land as specified
in the facility's Certified Animal Waste Management Plan (CAViNIP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until July 1, 2007. Pursuant to this COC, 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 COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWIVIP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and
Federal general permit it contains many new requirements in addition to most of the conditions contained
in the current State general permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keeping
and monitoring conditions in this permit. The Devices to Automatically Stop Irrigation Events Form
to the Division of Water Quality by no later than March 1st of each year.
N
Pon -Discharge Permitting Unit Internet http:/ h2o.enr_state.nc.us/ndpu
1617 Ma8 Service Center, Raleigh, NC Z7699-1617 Telephone [phone]DS3 Fax [phone]
Customer service Center Telephone [phone]
An Equal Opporhmity Aron Employer 50% recWedM 0% post -consumer paper

If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained, between water supply wells and any lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, 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, the Clean Water Act and 40 CFR 122.41 including civil penalties, criminal
penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A namelownership change application must be submitted to
the Division 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 to
apply for an individual NPDES Perrnit by contacting the staff member listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our 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 Sue Homewood at [phone] ext 502.
Sincerely,
ide /—
for Alan W. Klimek, P.E.
Enclosures (General Permit NCA200000, Record Keeping and Reporting Package)
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 NCA224098
Permit File AWS240098
NDPU Files

NPDES Permit Number NCA200000
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COM MSSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE MANAGEMENT SYSTEM GENERAL NPDES PERWF
This National Pollutant Discharge Elimination (NPDES) permit is issued pursuant to North Carolina General
Statutes 143 215 et seq. and Section 402 of the Clean Water Act, may apply to any swine facility in the State of
North Carolina and shall be effective from the date of issuance until July 1, 2007.
The animal waste management systems covered by this General Permit normally include some type of collection
system (flush, pit recharge, scraped lots, etc); pipes or ditches for transmission of the waste; lagoons or ponds to
collect, treat and store the waste; irrigation equipment; and sufficient acreage for application of the animal waste
at agronomic rates.
All activities authorized herein shall be consistent with the teams and conditions of this permit.
Holders of Certificates of Coverage (COC) under this permit shall comply with the following specified
conditions and limitations.
L PERFORMANCE STANDARDS
Any discharge of waste which reaches surface waters or wetlands is prohibited except as
otherwise provided in this permit and associated statutory and regulatory provisions. Waste shall
not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application,
direct discharge or through ditches not otherwise classified as state waters.
The waste collection, treatment, storage and application system operated under this permit shall
be effectively maintained and operated as a non -discharge system to prevent the discharge of
pollutants to surface waters or wetlands. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (MRCS) Standards and does not result in a discharge of waste to the
surface waters or wetlands.
Facilities must be designed, constructed and operated to contain all waste plus the runoff from a
25-year, 24thour rainfall event for the location of the facility. A facility that has a discharge of
waste that results because of a storm event more severe than the 25-year, 24-hour storm will not
be considered to be in violation of this permit if the facility is in compliance with its Certified
Animal Waste Management Plan (CAWMP), the Clean Water Act (Act) and its implementing
regulations, and this permit.
Any discharge or application of waste to a ditch that drains to surface waters or wetlands is
prohibited except as follows: (a) discharges from the ditches are controlled by best management
practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been
submitted to and approved by the Division; (c) the BMPs were implemented as designed to
prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from
the ditch upon discovery; and (e) the event was documented and reported in accordance with Part
M.11. of this permit. Nothing in this exception shall excuse a discharge to surface waters or
wetlands except as may result because of rainfall from a storm event more severe than the 25-
year, 24-hour storm.
March 14, 2003

NPDES Permit Number NCA200000
2. No discharge of waste shall result in a violation of the water quality standards established for the
receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code.
3. The facility's COC and its CAWMP are hereby incorporated by reference into this permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal,
state and local) in effect at the time of siting, design and certification of the facility. The
Permittee must assess, on an ongoing basis, the effectiveness of the implementation of the
CAWMP. The Permittee must amend the CAWMP in order to address any changes needed to
maintain compliance with the facility's COC and this permit. Any amendment to the CAWMP
must be documented, dated, and included as part of the CAWMP. All amendments, along with
an explanation identifying all amendments, shall be submitted to the appropriate Division
regional office within ten (10) working days of the amendment. If field, riser or pull numbers are
changed as a result of the amendment, an explanation shall also be submitted and include a
description of how the new numbers relate to the old numbers.
Any violation of the COC or the CAWMP shall be considered a violation of this permit and
subject to enforcement actions. A violation of this Permit may result in the Permittee having to
take immediate or long-term corrective action(s) as required by the Division or the
Environmental Protection Agency (EPA). These actions may include but are not limited to:
modifying the CAWMP; ceasing land application of waste; removing animals from the facility;
or the COC being reopened and modified, revoked and reissued, and/or terminated.
4. Any proposed increase in the certified design capacity or the Steady State Live Weight of
animals above that authorized by the COC will require a modification to the CAWMP and the
COC prior to the actual increase in either. waste production or Steady State Live Weight of
animals.
5. A copy of this General Permit, the facility's COC, certification forms, lessee and landowner
agreements, the CAWMP and copies of all records required by this permit and the facility's
CAWMP shall be readily available at the facility (stored at places such as the farm residence,
office, outbuildings, etc.) where animal waste management activities are being conducted for the
life of this permit, unless otherwise specified in this permit. These documents shall be kept in
good condition and records shall be maintained in an orderly fashion.
6. If prior to the expiration date of this permit either the state or federal government establishes
Phosphorus loss standards that are applicable to land application activities at a facility operating
under this permit, the Permittee must conduct an evaluation of the facility and its CAWMP under
the requirements of the Phosphorus loss standards to determine the facility's ability to comply
with the standards. This evaluation must be documented on forms supplied by or approved by the
Division and must be submitted to the Division. This evaluation must be completed by existing
facilities within six (6) month of receiving notification from the Division
Once Phosphorus loss standards are established by the state or federal government that are
applicable to facilities applying to operate under this permit, no COC will be issued to any new
or expanding facility to operate under this permit until the applicant demonstrates that the new or
expanding facility can comply with these standards.
7. If prior approval is received from the Director, facilities which have been issued a COC to
operate under this General Permit may add treatment units for the purpose of removing
pollutants before the waste is discharged into the lagoons/storage ponds. Prior to any approval,
the Permittee must demonstrate to the satisfaction of the Director that the new treatment unit will
not interfere with the operation of the existing treatment system and that a process is in place to
properly manage and track the pollutants removed.
March I4, 2003

NPDES Permit Number NCA200000
8. If prior approval is received from the Director, facilities which have been issued a COC to
operate under this General Permit may add various innovative treatment processes to the systems
on a pilot basis in order to determine if the innovative treatment process will improve how the
waste is treated and/or managed. Prior to any approval, the Permittee must demonstrate to the
satisfaction of the Director that the innovative treatment process will not interfere with the
operation of the existing treatment system and that a process is in place to properly manage and
track the pollutants removed
9. For all new and expanding operations, no collection, treatment or storage facilities may be
constructed in a 100-year flood plain.
10. Existing swine dry lots may remain in wetlands as long as the wetlands uses are not removed or
degraded as a result of the swine. The swine however may not be confined within 100 feet of an
adjacent surface water or a seasonally -flooded area. The swine also must -not cause a loss of
more than 10% of the existing tree canopy. Where trees do not exist, the area must be managed
to include crop rotation.
H. OPER. &TIO AND MAINTENANCE REOUMEMENTS
1. The collection, treatment, and storage facilities, and the land application equipment and fields
shall be properly operated and maintained at all times.
2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP.
3. Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAVR". In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop. In no case shall
land application rates result in excessive ponding or any runoff during any given application
event. 7
5. Direct application of anund waste onto land which is used to grow crops for direct human
consumption that do not undergo further processing (e.g., strawberries, melons, Iettuce, cabbage,
apples, etc.) shall not occur following the planting of the crop or at any time during the growing
season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal
wastes shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct
human consumption that undergoes further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land This requirement
does not apply to no -till fields, pastures, or fields where crops are actively growing.
Pesticides, toxic chemicals and petroleum products shall not be disposed of in the animal waste
collection, treatment, storage or application systems.
March 14, 2003

NPDES Permit Number NCA200000
8. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged
into the animal waste collection, treatment, storage and application system_ Washdown of stock
trailers owned by and used to transport animals to and from the facility only, will be permissible
as long as the system has been evaluated and approved to accommodate the additional volume.
Only those cleaning agents and soaps that are EPA approved, will not harm the cover crop, and
will not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in
facilities covered by this permit. Instruction labels are to be followed when using cleaning
agents and soaps.
9. Disposal of dead animals resulting from normal mortality rates associated with the facility shall
be done in accordance with the facility's CAWMP and the North Carolina Department of
Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations.
Disposal of dead animals whose numbers exceed normal mortality rates associated with the
facility shall also be done in accordance with the facility's CAWW and the North Carolina
Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes
and regulations provided that: 1) burial of such animals shall be done in consultation with the
State Veterinarian of the Department of Agriculture and Consumer Services (NCDA&CS)
Veterinary Division's Statutes and in compliance with NCDA&CS regulations; 2) the Division
of Water Quality shall be notified prior to burial; and 3) all such burial sites must be mapped,
and the dates and numbers of the animals buried by type must be recorded.
In the event of a Governor declared state of emergency, disposal of dead animals shall be done in
accordance with requirements and guidelines dictated by the State Veterinarian according G.S.
§106-339A. The Division may require groundwater monitoring when there is massive burial of
animals. All burial sites of such animals must be mapped, and the dates and numbers of the
animals buried by type must be recorded.
10. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste lagoons/storage ponds
to prevent any unnecessary addition to the liquid volume in the structures.
11. A protective vegetative cover shall be established and maintained on all earthen lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe
runs, and diversions to surface waters or wetlands. Trees, shrubs, and other woody vegetation
shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be
removed in accordance with good engineering practices. Lagoon/storage pond areas shall be
accessible, and vegetation shall be kept mowed.
12. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in
accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions
must be taken to prevent damage to the lagoon dikes and liner.
13. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires,
bottles, light bulbs, gloves, syringes or any other solid waste.
14. The facility must have at least one of the following items at all times: (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of the
necessary equipment, or (c) a contract with a third party applicator capable of providing adequate
waste application.
March 14, 2003

NPDES Permit Number NCA200000
15. In accordance with 15A NCAC 8F .0203(b)(2), the Operator in Charge (OIC) or a designated
back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under
the supervision of an OIC or designated back-up OIC shall inspect, the land application site as
often as necessary to insure that the animal waste is land applied in accordance with the
CAWMP. In no case shall the time between inspections be more than 120 minutes during the
application of waste. A record of each inspection shall be recorded on forms supplied by, or
approved by, the Division and shall include the date, time, sprayf eld number and name of the
operator for each inspection.
The Permittee may assert as an affirmative defense in any enforcement action alleging
noncompliance with the requirements imposed in this condition that such noncompliance was
due to circumstances beyond the Permittee's control. A notation shall be made on the form
indicating the inspection affected by such circumstance and an explanation setting forth the
circumstances claimed to have been beyond the Permittee's control shall be submitted with the
form.
16. Within one hundred and twenty (120) days of the effective date of a COC issued under this
permit, the Permittee shall install, operate and maintain devices on all irrigation
pumps/equipment designed to automatically stop irrigation activities during precipitation. This
condition does not apply to manure spreaders or other equipment pulled by manned vehicles.
The Permittee will not be required to install, operate and maintain the devices if the Permittee
commits to provide for the presence of the OIC or the designated backup OIC at all times during
the land application of waste. This commitment must be submitted in writing to the Division
prior to the 12e day following the effective date of the COC on a form supplied by, or approved
by, the Division
17. The Director may require any permittee to install and operate flow meters with flow totalizers
based on the facility's violations and/or incomplete or incorrect record keeping during irrigation
events.
18. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist
to reach surface waters or wetlands.
19. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
facility's CAWMP near feedlots, manure storage areas and land application areas.
20. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered
at the time of land application.
21. The Permittee shall consider pending weather conditions in making the decision to land apply
waste and shall document the weather conditions at the time of land application on forms
supplied by or approved by the Division. Land application of waste is prohibited during
precipitation events.
22. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test
Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213
pounds per acre).
23. All waste application equipment must be tested and calibrated at least once per year. The results
must be documented on forms provided by, or approved by, the Division.
24. The Permittee must maintain monthly stocking records for the facility and make the records
available to Department and EPA staff upon request
March 14, 2003

NPDES Permit Number NCA200000
25. Crops for which animal waste is land applied must be removed from the land application site and
properly managed and utilized. Harvested crops shall not be allowed to become unusable due to
prolonged exposure to the weather.
IIL MONITORING AND REPORTING REOUIREMENTS
An inspection of the waste collection, treatment, and storage structures, and runoff control
measures shall be conducted and documented at a frequency to insure proper operation but at
least monthly and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals or discharge. Any major structural repairs to lagoons/storage ponds must
have written documentation from a technical specialist certifying proper design and installation.
However, if a piece of equipment is being replaced with a piece of equipment of the identical
specifications, no technical specialist approval is necessary (i.e. piping, reels, valves, pumps (if
the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoontstorage pond embankment.
2. Monitoring and Recording Freeboard Levels
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings.
The waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by or approved by the Division.
The Director may require more frequent monitoring and recording on lagoon levels
based on the facility's compliance history for freeboard violations.
b. The freeboard levels of lagoons serving any facility which experiences freeboard
violations in any two consecutive years following the issuance of this General permit, or
as determined necessary by the Director, shall be monitored and recorded as follows:
In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage
pond waste -level monitors and recorders (monitored and recorded at least hourly) must
be installed on all treatment and storage lagoons covered by a COC issued under this
permit to measure and record lagoon freeboard. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation and
maintenance recommendations. This automated equipment must be in place no later
than ninety (90) days following notification from the Director_ The Director may
determine that installation of. automated waste level monitors is not required if the
Permittee can demonstrate to the satisfaction of the Director that the violations were due
to conditions beyond its control .
If an automated level monitor(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of
the problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take and
record daily lagoon levels at the same time every day until such time as the
automated equipment is placed back into operation.
March 14, 2003 6

NPDES Permit Number NCA200000
Waters of the United States means: (1) all waters that are currently used, were used in the past, or may
be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb
and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as
intrastate lakes, rivers, and streams (including intermittent streams mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign commerce including any such waters: which
are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish
or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be
used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters
otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this
definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in items (1) through (6) of this definition.
Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a
frequency and duration sufficient to support, and under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions, as defined in 1 SA NCAC 2B .0202.
This Permit issued the 10 day of March, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
. Director
Alan W. Klimek, P.E.
North Carolina Division of Water Quality
By Authority of the Environmental Management Commission
NPDES Permit Number NCA200000
March 14, 2003 18

NPDES Permit Number NCA200000
Animal feeding operation means a lot or facility (other than'an aquatic animal production facility)
where the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will
be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12)
month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the
norntal growing season over any portion of the lot or facility. Two or more animal feeding operations
under common ownership are considered to be a single animal feeding operation if they adjoin each
other, or if they use a common area or system for the disposal of wastes.
Bypass means the intentional diversion of waste streams from any portion of a treatment facility.
Director means the Director of the North Carolina Division of Water Quality.
Ditch means any man made channel for the purpose of moving water off a site to the surface waters.
Division means the North Carolina Division of Water Quality.
Excessive Ponding means any area of the application field where visible liquid waste is pouded on the
surface of the land application site more than four (4) hours following the application of waste.
Excessive ponding also means any areas where the ponding of waste has resulted in crop failure.
Groundwaters means any subsurface waters, as defined in I5A NCAC 2L .0102.
Land application means the application of wastewater and/or waste solids onto or incorporation into the
soil.
Process wastewater means any process -generated wastewater and any precipitation (rain or snow)
which comes into contact with any manure, litter or bedding, or any other raw material or intermediate or
final material or product used in or resulting from the production of animal or poultry or direct products
(e.g. milk, eggs).
Process generated wastewater means any water directly or indirectly used in the operation of a feedlot
for any of the following: spillage or overflow from animal or poultry watering systems; washing,
cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming,
washing or spray cooling of animals; and dust control.
State Waters means all surface waters, wetlands, groundwaters and waters of the United States located
in the State.
Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other surface body or surface accumulation of water, whether public or private, or natural
or artificial, that is contained in, flows through, or borders upon any portion of the State of North
Carolina, including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any
additional Waters of the United States which are located in the State.
Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act.
Waste means manure, animal waste, process wastewater and/or sludge generated at an animal feeding
operation.
March 14, 2003 17

WI A
NPDES Permit Number NCA2D0000
b. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity, such
as the position of plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or any individual or
position having overall responsibility for environmental matters for the
company. A duly authorized representative may thus be either a named
individual or an individual occupying a named position; and,
C. The written authorization is submitted to the Division.
3 Changes to authorization: If an authorization, as described above, is no longer accurate
because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements above must be submitted to
the Director prior to or together with any reports, information, or applications to be
signed by an authorized representative.
F. Certification
Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
G. Bypass
Bypass is pminbited, and the Director may take enforcement action against a permittee for
bypass.
25-year, ?A -hour rainfall or storm event means the maximum 24hour precipitation event with a
probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical
Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent
amendments, or equivalent regional or state rainfall probability information developed therefrom.
Act means the Federal Water Pollution Control Act as amended, also known as the Clean Water Act as
amended, found at 33 USC 1251 et seq.
Agronomic rates means the amount of animal waste and/or other nutrient sources to be land applied to
lands as contained in the nutrient management standard of the USDA Soil Conservation Service
Technical Guide Section IV or as recommended by the North Carolina Department of Agriculture and
Consumer Services and the North Carolina Cooperative Extension Service at the time of certification of
the Animal Waste Management Plan by the appropriate technical specialist.
March 14, 2003 16

NPDES Permit Number NCA200000
D. Reporting Requirements
1. Anticipated Noncompliance: The Permittee shall give advance notice to the Division of
any planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements.
Other information: Where the Permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect information in a permit
application or in any report to the Division, it shall promptly submit such facts or
information to Division.
E. Signatory requirements
All applications, reports, or information submitted to the Division shall be signed and certified as
follows:
All permit applications shall be signed as follows:
a. For a corporation: By a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
A president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business fiinction, or any other person who
performs similar policy or_ decision -making fimctions for the
corporation; or,
ii. The manager of one or more manufacturing, production, or operating
facilities provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive
measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
b. For a partnership or sole proprietorship: By a general partner for a partnership or
the proprietor, respectfully.
C. By the co-permittee.
2. All reports required by the permit and other information requested by the Division or
EPA shall be signed by a person described above or by a duly authorized representative
of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described above;
March 14, 2003 15

NPDES Permit Number NCA200000
B. Proper Operation and Maintenance
Need to halt or reduce activity not a defense: It shall not be a defense for a Perminee in
an enforcement action to plead that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
2. Duty to mitigate: The Permittee shall take all reasonable steps to minimize or prevent
any discharge in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment
3. Proper operation and maintenance: The Permittee shall, at all times, properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the Permittee to achieve compliance with the conditions of
this permit. Proper operation and maintenance includes the operation of backup or
' auxiliary facilities or similar systems only when necessary to achieve compliance with
the conditions of the permit
C: Monitoring and Records
1. Representative sampling: Samples and measurements taken for the purpose of
monitoring shall be representative of the monitored activity.
2. Retention of records: The Permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original strip chart recordings
for continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of at
least five (5) years from the date of the sample, measurement, report, or application. This
period may be extended by request of the Director at any time.
3. Record content: Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
C. The date(s) and time(s) analyses were performed;
d. The individual(s) or Division certified analytical laboratory(ies) who performed
the analyses;
e. The analytical techniques or methods used;
f. The results of such analysis.
4. Monitoring procedures:
a. Monitoring must be conducted according to test procedures approved under 40
CFR Part 136, unless other test procedures have been specified in this permit or
approved by the Director.
b. The Permittee shall calibrate and perform maintenance procedures on all
monitoring and analytical instruments at intervals frequent enough to insure
accuracy of measurements and shall maintain appropriate records of such
activities.
C. An adequate analytical quality control program, including the analyses of
sufficient standards, spikes, and duplicate samples to insure the accuracy of all
required analytical results shall be maintained by the Permittee or designated
commercial laboratory.
March 14, 2003 14

NPDES Permit Number NCA200000
VIL STA:rDARD PERMIT CONDITIONS
A. General Conditions
1. Introduction: In accordance with the provisions of 40 CFR Part I22.41, et. seq., this
permit incorporates by reference ALL conditions and requirements applicable to NPDES
Permits set forth in the Act, as amended, as well as ALL applicable regulations.
2. Duty to Comply: The Pernittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds for enforcement
action; for permit termination, revocation, and reissuance; and/or for denial of a permit
renewal application.
3. Toxic pollutants: The Permittee shall comply with effluent standards and prohibitions
established under section 307(a) of the Act for toxic pollutants within the time provided
in the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
4. Permit actions: This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request for a permit modification, revocation and reissaance, or
termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
5. Property rights: The issuance of this permit does not convey any property rights of any
sort, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, Stated nbal or local
laws or regulations.
6. Duty to provide information: The Permittee shall furnish to the Division staff, within a
reasonable time, any information which the Division staff may request to determine
whether cause exists for modifying, revoking and reissuing, or terminating this permit,
or to determine compliance with this permit. The Permittee shall also famish to the
Division staff, upon request, copies of records required by this permit to be kept.
7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the
Permittee from civil or criminal penalties for noncompliance. Any false or materially
misleading representation or concealment of information required to be reported by the
provisions of the permit, state law, the Act, or applicable regulations, which avoids or
effectively defeats the regulatory purpose of the Permit may subject the Permittee to
criminal enforcement pursuant to 18 U.S.C. Section 1001.
8. State/Tnbal Laws: Nothing in this permit shall be construed to preclude the institution of
any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties
established pursuant to any applicable State/Tribal law or regulation under authority
preserved by Section 510 of the Act.
9. Severability: The provisions of this permit are severable, and if any provision of this
permit or the application of any provision of this permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
March 14, 2003 13

NPDES Permit Number NCA200000
6. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by
the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to
operate under this Permit
7. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements,
which are required in the CAWMP, shall constitute grounds for revocation of its COC to operate
under this Permit.
8. A COC to operate under this General Permit is not transferable. In the event there is a desire for
the facility to change ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division, including documentation from the parties involved
and other supporting materials as may be appropriate. This request will be considered on its
merits and may or may not be approved.
9. A COC to operate under this General Permit is effective only with respect to the nature and
volume of wastes described in the application and other supporting data. The Permittee shall
notify the Division immediately of any applicable information not provided in the permit
application.
10. If the Permittee wishes to continue an activity regulated by this General Permit after the
expiration date of this permit, the Permittee must apply for and obtain a new COC. Renewal
applications must be filed at least 180 days prior to the expiration of the permit.
11. The issuance of a COC to operate under this General Permit does not prohibit the Division from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, riles, and regulations contained in Title 40, Code of Federal Regulations,
Parts 122 and 123; Title 15A of the North Carolina Administative Code, Subchapter 2H .0100;
and North Carolina General Statute 143 215.1 and 215.10C.
12. The Director may require any person, otherwise eligible for coverage under this General Permit,
to apply for an individual NPDES permit by notifying that person that an application is required.
Coverage by this general permit shall automatically terminate upon issuance of the individual
pit- '
VL PENALTIES
1. Failure to abide by the conditions and limitations contained in this permit; the facility's COC;
the facility's CAWMP; applicable state law; and/or the Act and their implementing regulations
may subject the Permittee to an enforcement action by the Division and/or EPA including but not
limited to the modification of the animal waste management system, civil penalties, criminal
penalties and injunctive relief.
The Act and 40 CFR Part 122AI, as well as state law, provide that any person who violates a
permit condition is subject to civil penalties and administrative penalties. In addition criminal
penalties including imprisonment are provided for falsifying data, knowingly violating a permit
condition, or for negligence.
2. The Permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of state law and the Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
March 14, 2003 12

NPDES Permit Number NCA200000
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit,
C. Inspect, at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permits compliance
or as otherwise authorized by the Act, any substances or parameters at any location.
V. GENERAL CONDITIONS
1. The issuance of a COC to operate under this permit shall not relieve the Permittee of the
responsibility for compliance with all applicable surface water, wetlands, groundwater and air
quality; standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.
2. The Permittee shall designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste management
system shall be operated by the OIC or a person under the OIC's supervision.
3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus
an additional one (1) foot of structural freeboard except that there shall be no violation of this
condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the
Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard. In addition to the above requirements, for new and expanding farms with lagoon and
storage pond designs completed after September 1, 1996, storage must also be provided for the
heavy rainfall factor for the lagoons/storage pond. In case of lagoons/storage ponds in series that
are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage
requirement for the system may be designed into the lowest -Iagoon/storage pond in the system.
However, adequate freeboard must be designed into the upper lagoons/storage ponds to allow
sufficient storage to prevent the waste level from rising into the structural freeboard while the
storm water is draining into the lowest lagoon in the system.
4. Any containment basin, such as a lagoon or a storage pond, used for waste management shall
continue to be subject to the conditions and requirements of this permit until properly closed.
When the containment basin is properly closed in accordance with the "Natural Resource
Conservation Service (MRCS) North Carolina Standard for Closure of Waste Impoundments,"
March 2002 or any subsequent amendment, the containment basin shall not be subject to the
requirements of this permit or the Act. The Permittee must submit a letter to the Division to
request inactivation of the NPDES permit COC by providing documentation describing the
procedures taken to close any containment basin.
Closure shall also include pre -notification of the Division and submittal of the Animal Waste
Storage Pond and Lagoon Closure Report Form to the Water Quality Section, Non -Discharge
Compliance and Enforcement Unit within fifteen (15) days of completion of closure.
5. The Permittee must maintain records of the amount of manure leaving the facility, provide the
recipient(s) with information on the nutrient content of the manure, and record the name and
address of recipient(s). The Permittee must inform the recipient(s) of his/her responsibilities to
properly manage the land application of manure. Record keeping for the distribution of manure
up to four (4) cubic yards per visit to individuals for personal use is not required.
March 14, 2003 11

NPDES Permit Number NCA200000
15. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or
wetlands, a public notice is required in addition to the press release described in Condition 1Il 14.
The public notice must be placed in a newspaper having general circulation in the county in
which the discharge occurred and the county immediately downstream within ten (10) days of
the discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters
or wetlands, the DWQ regional office must be contacted to determine in what additional
counties, if any, a public notice must be published A copy of all public notices and proof of
publication must be sent to the Division within thirty (30) days of the discharge. The minimum
content of the notice is the location of the discharge, estimated volume, identification of the
surface water or wetland affected, steps taken to prevent future discharges and a phone number
and contact name.
16. All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the
sludge accumulation in all lagoons within one (1) year of receiving the COC and every year
thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge
in the various locations within each lagoon. This survey shall be submitted as part of the
facility's annual report in the year it was conducted, This survey frequency may be reduced if it
can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation does
not warrant an annual survey.
If the sludge accumulation is such that it is greater than the volume for which the lagoon was
designed or reduces the lagoon's minimum treatment volume to less than the volume for which
the lagoon was designed, a plan must be submitted to the Division's Central Office within ninety
(90) days of this determination which documents removal and waste utilization procedures to be
used
17. The Division may require any additional monitoring and reporting (including but not limited to
groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond levels and plant
tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the
surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency,
duration and any sampling, testing, and reporting systems, shall meet all applicable
Environmental Management Commission and EPA requirements
18. All monitoring, record keeping and reporting required by this permit, the Permittee's COC and
any additional monitoring and reporting required by the Director shall be on forms supplied by
or approved by the Director. Submittal of these reports shall be in paper and/or electronic
format as required by the Director.
19. Within five (5) working days of receiving the request from the Division, the Permittee shall
provide to the Division one (1) copy of all requested information and reports related to the
operation of the animal waste management system. Once received by the Division, all such
information and reports become public information, unless they constitute confidential
information under G.S. 132-1.2, and shall be made available to the public by the Division as
specified in Chapter 132 of the General Statutes.
W. INSPECTIONS AND ENTRY
1. The Perminee shall allow any authorized representative of the Department of Environment and
Natural Resources (Department) or EPA, upon the presentation of credentials and other
documents as may be required by law and in accordance with reasonable and appropriate
biosecurity measures, to:
a. Enter the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit,
March 14, 2003 10

NPDES Permit Number NCA200000
11. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to surface waters or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility incapable
of adequately receiving, treating or storing the waste and/or sludge.
C. A spill or discharge from a vehicle transporting waste or sludge to the land application
field which results in a discharge to surface waters or wetlands or an event that poses a
serious threat to surface waters or wetlands.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond.greater than or equal to that
required in Condition V. 3. of this Permit.
f. Overapplying waste either in excess of the limits set out in the CAWMP or where runoff
enters surface waters or wetlands.
g. Any discharge to surface waters or wetlands and/or that poses a serious threat to the
environment.
For any emergency, which requires immediate reporting after normal business hours, contact
must be made with the Division of Emergency Management at l-800-858-0368.
The Pernittee shall also file a written report to the appropriate Division Regional Office within
five (5) calendar days following first knowledge of the occurrence. This report shall outline
the actions taken or proposed to be taken to correct the problem and to ensure that the problem
does not recur. The requirement to file a written report may not be waived by the Division
Regional Office.
12. An annual certification report shall be filed with the Division's Central Office and appropriate
Regional Office by March 1 of each year for the previous calendar year's activities on forms
provided by the Division. If the facility was not in compliance, the annual certification must be
used to summarize all noncompliance during the previous year, actions taken or actions proposed
to be taken to resolve noncompliance and explain the current compliance status of the facility.
13. The Director may require facilities to submit additional reports and/or certifications based on the
facility's compliance history.
14. In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the
Permittee must issue a press release to all print and electronic news media that provide general
coverage in the county in which the discharge occurred setting out the details of the discharge.
The press release must be issued within forty-eight (48) hours after it is determined that the
discharge has reached the surface waters or wetlands. A copy of the press release and a list of
the news media to which it was distributed must be kept for at least one (1) year after the
discharge and must be distributed to any person upon request.
March 14, 2003

NPDES Permit Number NCA200000
7. A record shall be created and maintained of all transfers of waste between lagoons/storage ponds
not typically operated in series. Such record shall include at least the identity of the lagoon from
which the waste was transferred, the identity of the lagoon receiving the waste, the date and time
of transfer and the total volume of waste transferred.
8. - If, for any reason, there is a discharge from the waste collection, treatment, storage and
application systems (including the land application sites), to surface waters or wetlands, the
Permittee is required to make notification in accordance with Condition III. 11. The discharge
notification shall include the following information:
a. Description of the discharge: A description of the discharge including a description of
the flow path to the receiving surface waters or wetland and a site sketch showing the
path of the waste. Also, an estimation of the volume discharged
b. Time of the discharge: The period of discharge, including exact dates and times, and if
not corrected, the anticipated time the discharge is expected to continue. Also, steps
being taken to reduce, eliminate and prevent recurrence of the discharge.
C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by
a precipitation event, detailed information from the on -site rain gauge concerning the
size and duration of the precipitation event.
d. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition HI.5. above.
9. In the event of any overflow or other discharge from the waste collection, treatment, storage and
application system(s) (including the land application sites) that reach surface waters or wetlands,
the following actions must be taken:
a. Analysis of the waste: Samples of the waste in the lagoon or storage pond from which
the overflows or other discharges originated must be sampled and analyzed within 72
hours of the time that the producer or his representative becomes aware of the discharge.
Samples must, at a minimum, be analyzed for the following parameters: fecal coliform
bacteria; five-day biochemical oxygen demand (BOD); total suspended solids (TSS);
total phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as nitrogen; and
nitrate.
b. Sampling procedures: The sample shall be collected and analyzed in accordance with
EPA approved methods for water analysis listed in 40 CFR 136. Samples collected for
the purpose of monitoring shall be representative of the discharged waste. Monitoring
results must be submitted to Division within thirty (30) days of the discharge event.
l0. All records required by this permit and the facility's CAVW, including but not limited to soil
and waste analysis, rain gauge readings, freeboard levels, irrigation, and land application
event(s), past inspection reports and operational reviews, animal stocking records, records of
additional nutrient sources applied (including but not limited to sludges, unused feedstuff
leachate, milk waste, septage and commercial fertilizer), cropping information, waste application
equipment testing and calibration, and records of removal of solids to off -site location(s), shall
be maintained by the Permittee in chronological and legible form for a minimum of five (5)
years. These records shall be maintained on forms provided or approved by the Division and
shall be readily available for inspection. - The Permittee shall also furnish to the Division or EPA
upon request complete copies of any records required by this permit to be kept.
March 14, 2003

NPDES Permit Number NCA200000
The Director may require new or modified waste -level gauges at any facility if he
determines that the existing gauges are not adequate to accurately indicate actual lagoon
levels, or the various lagoon levels required to be maintained by this permit or the
facility's CAWMP.
3. ' Monitoring and Recording Precipitation Events
a. Precipitation events at facilities issued a COC to operate under this permit shall be
monitored and recorded as follows:
A rain gauge must be installed to measure all precipitation events. The precipitation
type and amount must be recorded daily following all precipitation events.
b. As deemed necessary by the Director, precipitation events at facilities shall be monitored
and recorded as follows:
An automated rain gauge and recorder must be kept on site to measure and record all
precipitation events. This equipment must be properly maintained and calibrated in a
manner consistent with manufacturer's operation and maintenance recommendations.
This automated equipment must be in place no late_ r than ninety (90) days following
receipt of notice from the Director.
If an automated rain gauge(s) becomes inoperable, the Permittee shall:
report the problem by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty four (24) hours following first
knowledge of the problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take and
record all rainfall events until. such time as the automated equipment is placed
back into operation.
4. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc,
shall be conducted on each application field receiving animal waste in accordance with NCGS
143-215.1OC(e)(6). As of the effective the date of this permit, the Statute requires that the
analysis be conducted at least annually. The results of these tests shall be maintained on file by
the Permittee for a minimum of five (5) years and shall be made available to the Division or EPA
upon request.
5. An analysis of the animal waste shall be conducted in accordance with recommended laboratory
sampling procedures as close to the time of application as practical and at least within sixty (60)
days (before or after) of the date of application. Every reasonable effort shall be made to have
the waste analyzed prior to the date of application and as close to the time of waste application as
possible. This analysis shall include the following parameters:
Nitrogen Zinc
Phosphorus Copper
6. The Permittee shall record all irrigation and land application event(s) including hydraulic loading
rates, nutrient loading rates and cropping information. The Permittee shall also record removal of
solids and document nutrient loading rates if disposed on -site or record the off -site location(s).
These records must be on forms supplied by, or approved by, the Division.
March I4, 2003

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Correspondence -History
Reason for Exemption 2H .0200 Certification
Letter Date Type of Letter Additional Comments
03/20/00 Notice of Violation and Revocation for
14/15103,Nonoavrnent
Notice of Violation - Request for Information elf -reported high freeboard s
k
Ofi11fi103 NOV 1 Notice of Recommendation for 1. Ponding of waste in application area.
Enforcement 2. Discharge to WOS. R �.
tErifomrent History
Case Number Central Office Log in Date Penalty Assessed Penalty Amount Amount Paid Case Closed Date I
� * � '` �� .�li �i•I;r=ir. 7" �7t s t� �Ly R �� � t�S�� n �. w•'R`
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Visitation 2Q03
Date Agency Type of Visit
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04/17/03 Division of Water Quality
Cam (lance Inspection
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Visitation
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Date Agency
Type of Visit
Date
Agency
Type of Visit
02105102 Division of Soil and Water
O eration Review
02/24/00
Division of Soil and Water
Compliance Inspection
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Division of Sall and Water
Compliance Inspection
Visitation
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Date enc Type of Visit DateV�� Agency Type of Visit
04/16/01 Division of Soil and Water Operation Review 03130199 Division of Soil and Water 1 Routine
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