310092_ENFORCEMENT_20171231

�.A�
NQHTH CAHULINA
Department of Environmental Qual

WArFR
�G
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7000 0600 0023 4230 0551
RETURN RECEIPT REQUESTED
Mr. O.R. Blizzard Jr.
Tart Farm
1164 N NC 11 & 903
Kenansville, NC 28349
Dear Mr. Blizzard:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
May 15, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Tart Farm
Facility Number: 31-92
Kenansville, NC
Duplin County
This Notice of Violation is issued on this date to Mr. O.R. Blizzard, owner/operator of the Tart Farm
covered under Certificate of Coverage AWS 310092. This Certificate of Coverage was issued by the State
of North Carolina under Swine Waste General Permit AWG100000.
On March 27, 2003, Mr Rick Dove of the River Keepers observed and photographed waste being
sprayed over, ponding by, and then draining into the first of two drainage tiles located in the main spray field
for this facility which empties into an unnamed tributary to the N.E. Cape Fear River. In response to this
complaint which was submitted to this office, an inspection was performed on March 31, 2003 by staff from
the Wilmington Regional Office of the Division 'of Water Quality. During this inspection, violations were
observed and documented.
The Violations found are listed as follows:
1. When the inspector arrived, waste was being applied next to the second of the two drainage tiles
located in the main spray field. Excessive wind was blowing spray out of the intended application
area to cover the windshield of the State vehicle which was parked 200 yards away. Waste was
also ponding in the application area and then draining off of the field through the second of the two
drainage tiles to discharge at the field edge into an unnamed tributary to the N.E. Cape Fear River.
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 I. Performance Standards, Section 1 of the General Permit that
states, "The animal waste collection, treatment, storage and application system permitted underthis
permit shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants into surface waters, wetlands, or ditches."
X�
i`v MEWR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

O.R. Blizzard Jr.
May 15, 2003
Page 2 of 3
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."
2. The Division was also not notified regarding the known discharge problem caused by the drainage
tile system when applying waste over the intakes. Photo's taken show waste being applied directly
over the open drainage system.
This is in violation of Part III. Monitoring & Reporting Requirements Section 6a of the General
Permit, which requires the Regional Office to be notified as soon as possible, not to exceed 24
hours.
Response requirements are listed as follows:
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.
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 specialist, and/or a professional engineer for any assistance
they may be able to provide.
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality for the above noted violations. These violations may
result in civil penalties of up to $25,000 per violation In accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
investigation In accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may pursue additional actions
In this matter Including injunctive relief and permit revocation.

O.R. Blizzard Jr.
May 15, 2003
Page 3 of 3
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, Duplin County Soil and Water Conservation
Glenn Clifton, Prestage Farms
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-92 1
S:IWQSIANIMALSIDUPLIN12003131-92 Tart Farm NOVRFE
U.S. Postal Servi
CER1IFIED Mj
(Domestic Mail Only, N
Article sent To:
I_3
rn y postage
ru
$
-ICertified Fee
rn Return Receipt Fee
rIJ ' (Endorsement Required)
C3 Resftted Delivery Fee
(Endorsement Required)
,$
O
i E=] Total Postage A Foes
t_3
Name ease Punt C! J (to be
,L
tN
T0"\'stmark.
Here
n i
)
Street, Apt. Na.; or PO Box No. ---'-:-r''1• --`•----•-----••-
C
c,ry, $eats, jrP.a � ( �G o� y 3
��J
k.I,vr G
1

2
Mr Rick Shiver May 21, 2003 NAY 2 2003
NCDWQ
Wilmington Regional Office -_
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: NOV OR Blizzard Tart Farm Fac. 31-92
Dear Mr. Shiver:
In response to the NOV letter I received from your office dated May 15th, 2003
pertaining to the inspection of my swine facility on March 31", 2003. Due to abnormal
rain events during February and March my lagoon freeboard reached critical stages based
on guidelines in my General Permit and Certificate of Coverage.
On March 2e, 2003 I purchased a new irrigation reel at a cost of $14,655.75 dollars for
the purpose of helping to lower and maintain adequate freeboard levels in all my lagoons.
On April 7a', 2003 I purchased a $32,000 dollar John Deere tractor for the purpose of
pulling a DMI(cost $6,565.00 dollars) to aerate my spray irrigation fields. In the future
the drainage structures on pulls one(1) and two(2) will be caped during irrigation
events to prevent any potential for accidental discharge.
If it were my intent not to comply with my general permit I would not have spent in
excess of $53,000 dollars on the above mentioned equipment.
The system that I am applying waste with was designed and approved by the Federal
Government. They provided technical assistance during the design and installation of
this system. I also received approximately $8,000 dollars in cost share on the installation
of this system.
No system is fool proof. I was unaware that less than 500 gallons of effluent had leaked
into this system, therefore I did not call because I was unaware of the leak. The Federal
Government is aware of this system being used in my spray field, and now no one likes it
and wants me to pay the fine. How would you feel in this situation?
If you have any questions, or if you would like to meet on the farm to discuss this issue
please contact me. My phone number is 910-296-1258.
Sincerely,
0, -�O_ (—a� '�)
O.R. Blizzard Jr.
Attach:

,A 1N A -r Michael F. Easley, Governor
a G William G. Ross Jr., Secretary
bua
7 North Carolina Department of Environment and Natural Resources
co j$all Alan W. Klimek, P.E. Director
co Division of Water Quality
December 11, 2003
CERTIFIED MAIL # 7002 1000 0005 2390 8900
RETURN RECEIPT REQUESTED
Mr. O.R. Blizzard, Jr.
1164 N NC l I & 903 Hwy
Kenansville, NC 28349
Subject: Inadequate Freeboard
No Further Action
Tart Farm
Facility # 31-92
Duplin County
Dear Mr. Blizzard:
Thank you for your submittal of the information requested in our letter dated April 15, 2003.
The Wilmington Regional Office has determined that no further enforcement actions will be
taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Wilmington Regional
Office has determined that a Notice of Violation is appropriate due to unsatisfactory operation
and maintenance of the waste treatment system. Therefore, the Notice of Violation issued on
April 15, 2003 for the noncompliant freeboard level remains.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the Iagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity ! Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:]/h2o.enr.state.nc.us
A*i
RC—DENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

r
Inadequate Freeboard •
O.R. Blizzard, Jr.
December 11, 2003
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Wilmington Regional Office at 910-395-3900.
Sincerely,
�- c-
Rick Shiver
Water Quality Regional Supervisor
CC: GIenn Clifton, Prestage Farms
Billy Houston, Duplin County Soil and Water Conservation District
Patrick Fussell, DSWC
Wilmington Files 31-92
Non -Discharge Compliance and Enforcement Unit
Central Files
t
1U.S.
Postal Service
0
CERTIFIED
MAIL RECEIPT
C3
tr-
(Dome4tic Mail Only;
No Insurance Coverage Provided)
ca
I
2 2
LuJ if 3f-'
n p
C � �1 L, V
2
E
,,
Is
rrt
ru
Postage
$
Ln
t]
&All Certified Fee
V6 �F
CPostmarfc�.�� 1
1
Return Receipt Fee
(Endorsement Required)
_
r (f� Here
r
VIZ
)-h.
I
' p
C3
ResMcled Delivery Fee
(Endorsement RequlredJ
Total Postage & Fees
$
Lr_ Lj 7'•
r1J
a
To
Sent a. .
,
ar��
_meet, Apt. No.;
or PO B- No- I�% A A/C �Jy .
'P ----------- ------- ------ ------ ----------- --------
PS Form :rr 002

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
O.R. Blizzard, Jr.
1164 N NC 11 & 903
Kenansville NC 28349 .
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Tart Farm
#31-92
Duplin County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
On April 10, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on September 15, 1997. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Wilmington Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
NCDENR
Customer Service: Mailing Address. Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affrmiative Action Employer
50% recycled / 10% post -consumer paper
httpY1h2o.enr state.nc.us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Wilmington Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
Once this information is received and evaluated by the DWQ. staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Wilmington Regional Office Staff at
[phone].
Sincerely,,
ZIanDirector
W. Klimek, P.E.
cc: Wilmington Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 07, 2003
MR. O.R. BLIZZARD, JR.
1164 NC 11-903 NORTH
KENANSVILLE NC 28349
SUBJECT: Acknowledgment Receipt Letter
File # DV 03-028
Duplin County
Dear Mr. Blizzard:
This letter is to acknowledge receipt of your check # 8477 in the amount of $7,567.18,
received from O.R. Blizzard, Jr.
This payment satisfies in full the civil assessment in the amount of $7,567.18 levied
against O.R. Blizzard, Jr. and this enforcement case has been closed. Payment of these penalties
in no way precludes further action by this Division for future violations.
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
G� Steve Lewis
Non -Discharge Compliance & Enforcement
SL:sw
cc: ±i nmgton_Regionai_Office
Enforcement/Compliance Files # DV 03-028
Central Files
WDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50 % recycled / 1 D% post -consumer paper
httpl/h2o. enrstate.nc. us

s
One of two illegal drain pipes
discharging to public trust
waters located here

3) -- I Z 7i^r f Farm
0.4. a zZAA 1r.

- -- VIA" -
N �- N � - aim` ` ��� — 4 4 _ • � � ~ -
}- ---.J--:t �iF' �T ."� .- �-s t •ram 4'. � :'71► 4

JPEG image 570x444 pixels
r
Stonewall Mathis <Stonewall.MathisQncmail_net>
Environmental Engineer I
Division of Water Quality
Department of Environment and Natural Resources
5 of 5 5/20/2003 8:06 AM

t

C O V E R
S H E E T
From the desk of..
Janet D. Leach
PundeZO
Departmtat of Justicc
P. O. Dox 629
W; (919) 7I6-6948
Fax: [phone]
jkachQMIIjusstete.ne.us
To:
Rick Shiver and Linda Lewis
Fax No:
Programmed (F)
Subject:
Mona Faye Black
Date:
November 5, 2003
pages:
2
COMMENTS:
FAX
Attached is the latest scheduling order that we received from Judge Lassiter. Please mark
this date on your calendar. When we receive a definite date from Judge Lassiter, we will be in
touch.
TO'd TT:ZT W. b AON 99Z9-9T2--6T6:xP3 NOIla3S QNbn 8 dAUN

F7LED
OFFICE OF
AnMINf6TpATIVr, 199ARINV5 I
Nov 94 SO 55 ANI 200
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Mona Faye Black }
Petitioner }
vs. )
NC Division of Water Quality of the NC )
Department of Environment and Natural }
Resources }
Respondent }
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
- 03 EHR 1169
ORDER CONTINUING
HEARING
Upon the Petitioner's request to continue this contested case,. without objection from
Respondent, and for good cause shown, the hearing in this contested case is hereby
CONTINUED to the week beginning January 12, 2004.
The presiding judge will file a more definite Notice of Hearing with specific date, time
and location_
IT 1S SO ORDERED_
This the 4th day of November, 2003.
Meris�Owens Lassiter
Administrative Law Judge
RECEIVED
N.C. ATTORNEY GENERAL
7-i%i;rnn•nrnfaf PDV5s on
ZO'd TT:ZT 20, b AOI 996-9T2--6T6:X?d NOI133S QNUI 2 831bM

of WATT
_O� RQG Michael F. Easley
Governor
co William G. Ross Jr., Secretary
Department of Environment and Natural Resources.
(&7n
Alan W. Klimek, P.E. Director
Division of Water Quality
July 9, 2003CERTD
RETURN D MAIL Jilt
RECEIPT REQUESTED -t
3
Mr. O.R. Blizzard, Jr.
1164 N NC 11 & 903
Kenansville, NC 28349 `
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Tart Farm
Duplin County
File No. DV 03-028
Permit No. AWS310092
Dear Mr. Blizzard:
This letter transmits notice of a civil penalty assessed O.R. Blizzard, Jr. in the amount of
S7,567.18, including S567.18 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Keith Larick ,
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Af rmativeAction Employer
50% recycled / 104o post -consumer paper
httpJ/h2o. enrstate.nc. us

2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is linuted to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver (form attached) of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached waiver and stipulation form and a detailed
statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Keith Larick
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
•'
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150E of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr_ Dan Oakley
Registered Agent
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the -
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations which occur after the review period of this
assessment.
If you have any questions, please contact Keith Larick at [phone], extension 571.
Sincerely,
Jeffrey Poupart
Supervisor
Non -Discharge Compliance/Enforcement
ATTACHMENTS
cc: A;gtQnaliSup_exvisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
O.R. BLIZ_ A D, JR.
FOR VIOLATION OF NORTH CAROLINA
GENERAL STATUTE 143-215.1 FOR
MAKING AN OUTLET INTO WATERS
OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. DV 03-028
)
} 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, Jeffrey O. Poupart, 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. O.R. Blizzard, Jr., owns and operates Tart Farm, a swine animal operation located on the east
side of SR 1701 approximately 1 mile North of Hwy 24 in Duplin County.
B. O.R. Blizzard, Jr., was issued Certificate of Coverage AWS310092 under Swine Waste
General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1
on June 26, 1998, effective on June 26, 1998, with an expiration date of October 1, 2004 for
the operation of an animal waste collection, treatment, storage and application system.
C. Condition No. I. 2. of the General Permit incorporates by reference the Certified Animal
Waste Management Plan (CAWMP) for a facility and states that any violation of the
CAWMP shall be considered a violation of the general permit. The Waste Utilization Plan
is a component of the CAWLvfP. The Waste Utilization Plan for the Tart Farm states in part
that "The irrigation application'rate should not exceed the intake rate of the soil at the time
of irrigation such that runoff or ponding occurs."
D. The Waste Utilization Plan for the Tart Farm states in part that "Wind conditions should also
be considered to avoid drift and downwind odor problems."
E. Condition No. 111. 6. of the General Permit states in part "The Permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of the overapplying of animal waste either
in excess of the limits set out in the CAWMP or where runoff enters surface waters."

F. On March 27, 2003, Mr. Rick Dove of the Waterkeeper Alliance flew over and photographed
waste being sprayed at an excessive rate to cause ponding, and waste being sprayed over a
white surface drainage pipe. The drainage,pipe is connected to subsurface drain file that
discharges at the field edge into an unnamed tributary to the North East Cape Fear River.
G. On March 31, 2003, DWQ staff performed an inspection of the Tart Farm. When staff
arrived, waste was being applied near one of the two surface drain pipes located in the main
spray field. Staff observed ponding of waste around the surface drain pipe. Staff also
observed waste from the drain pipe discharging into an unnamed tributary of the North East
Cape Fear River.
H. O.R. Blizzard, Jr., had no valid permit for the above described activities.
I. O.R. Blizzard, Jr. failed to notify DWQ of the discharge of wastewater within the required
24 hours after discovery.
Also on March 31, 2003, staff observed waste drifting about 200 yards out of the intended
application area due to the wind conditions.
K. The cost to the State of the enforcement procedures in this matter totaled $567.18
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. O.R. Blizzard, Jr., 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. I43-215.1
C. The unnamed tributary to the North East Cape Fear River are waters of the State within the
meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6).
D. The above -cited discharge constitutes making an outlet into waters of the State for purposes
of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1.
E. O.R. Blizzard, Jr., violated Condition No. H. 4. of the General Permit by twice applying waste
at rates which resulted in ponding.
F. O.R. Blizzard, Jr. violated Condition No. II. 1. of the General Permit by applying waste in
wind conditions that resulted in drift out of the intended application area.
G. O.R. Blizzard, Jr., violated Condition III. 6. of the General Permit by failing to report by
telephone to the appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of the over application of animal waste
where runoff enters surface waters.

H. O.R. Blizzard, Jr., may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand
dollars ($25,000.00) per violation 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.
I., The State's enforcement costs in this matter may be assessed against O.R. Blizzard, Jr.,
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I (b)(8).
The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water
Quality, pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, has the authority
to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, O.R. Blizzard, Jr., is hereby assessed a civil penalty of:
$ c70 0 for making an outlet to waters of the state without a permit as
required by G.S. 143-215.1.
$ 24 0 0 0 for � of two violations of Condition No. H. 4. of the General
Permit by applying animal waste such that ponding occurred.
$ —0—
0— for violating Condition No. U. 1. of the General Permit by applying
waste in wind conditions that resulted in drift out of the intended
application area.
$ a for violating Condition No. III. 6. of the General Permit by failing
to report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first
knowledge of the occurrence of any failure of any component of the
animal waste collection, treatment, storage and land application
system resulting in a discharge to surface waters.
$ 567.18 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-2I5.6A(c), in determining the amount of the penalty I have considered the factors
Iisted in G.S. 14.3B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality; .
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) - Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
9cTa /03
(Date) effrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF Duplin
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
O.R. Blizzard. Jr. ) STIPULATION OF FACTS
FILE NO. DV 03-028
Having been assessed civil penalties totaling $7,567.18 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated July 9,
2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right
to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
,20

P. 1
* * * COMMUNICATION RESULT REPORT (-JUL.11.2003
FILE MODE OPTION
--------------------- -----
906 MEMORY T
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
---------------
B--9197155181
8:57AM )
TTI
RESULT
--------OK
NCDENR WIRO
PAGE
-------- —
P-----
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
.late: c'� ► ►
To:
CO:
FAX -# • -l.i • r .
aw •
FAX COVER SHEET
No. Of Pages:
From: 12--1 r .
CO:
FAX#: [phone]
127 Cardinal Drive Extension, WilmingtoN N.C. 20405,3845 Triephone [phone] Fax [phone]
An Equal Opportunity AMrmative Action Employer

P. 1
* * * COMMUNICATION RESULT REPORT ( JUL
FILE MODE OPTION
---------------------------
748 MEMORY TX
ADDRESS (GROUP)
--- 89197155131
3.2003 11:26AM )
TTI
RESULT
---------------0 —
NCDENR WIRO
PAGE
---------P. 5/5
----
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: No. Of Pages: S: _
To: ga n c ?-rS.�Q _ From:
CO: r-x A tZ- CO: c,j 2 5
FAX #: -n-t L l FAX#: [phone]
127 Crrdinnl Drive Extenainn, Wilmington, N.C. 28405-MS Telephasre [phone] Fax (910) 35d-2404
An Equal Opportonity ARrmarive Action Empbyer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
f. •
To: VC +r ire r
REMARKS:
FAX COVER SHEET
No, Of Pages:
From: r .g—, G �+ t o
FAX#: [phone]
r
.....��/S.. a _l � ..t�t�� '1`-C"l �[-7 � � C' C 7 S S C� r _t 7?�-(�►� �'
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7000 0600 0023 4230 0551
RETURN RECEIPT REQUESTED
Mr. O.R. Blizzard Jr.
TartFarm
1164NNC 11 &903
Kenansville, NC 28349
Dear Mr. Blizzard:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
May 15, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Tart Farm
Facility Number: 31-92
Kenansville, NC
Duplin County
This Notice of Violation is issued o; . this date to Mr. O.R. Blizzard, owner/operator of the Tart Farm
covered under Certificate of Coverage AWS 310092. This Certificate of Coverage was issued by the State
of North Carolina under Swine Waste General Permit AWG100000.
On March 27. 2003. Mr Rick Dove of the River Keepers observed and photographed waste being
sprayed over, ponding by, and then draining into the first of two drainage tiles located in the main spray field
for this facility which empties into an unnamed tributary to the N.E. Cape Fear River. In response to this
complaint which was submitted to this office, an inspection was performed on March 31, 2003 by staff from
the Wilmington Regional Office of the Division of Water Quality. During this inspection, violations were
observed and documented.
The Violations found are listed as follows:
When the inspector arrived, waste, was being applied next to the second of the two drainage tiles
located in the main spray field. Excessive wind was blowing spray out of the intended application
area to cover the windshield of the State vehicle which was parked 200 yards away. Waste was
also ponding in the application area and then draining off of the field through the second of the two
drainage tiles to discharge at the field edge into an unnamed tributary to the N.E. Cape Fear River.
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 I. 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."
L
0E R
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax (91o)350-2004- Customer Service
8OM23-7748

O.R. Blizzard Jr.
May 15, 2003
Page 2 of 3
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."
2. The Division was also not notified regarding the known discharge problem caused by the drainage
tile system when applying waste over the intakes. Photo's taken show waste being applied directly
over the open drainage system.
This is in violation of Part III. Monitoring & Reporting Requirements Section 6a of the General
Permit, which requires the Regional Office to be notified as soon as possible, not to exceed 24
hours.
Response requirements are listed as follows:
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.
2. The written response must be received by this office within 15 workinq 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 specialist, and/or a professional engineer for any assistance
they may be able to provide.
Be advised thatthis office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality for the above noted violations. These violations may
result In civil penalties of up to $25,000 per violation In accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
Investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may pursue additional actions
In this matter Including Injunctive relief and permit revocation.

O.R. Blizzard Jr.
May 15, 2003
Page 3 of 3
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, Duplin County Soil and Water Conservation
Glenn Clifton, Prestage Farms
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-92
S:1WQSIANIMALSIDUPLIN12003131-92 Tart Farm NOVRFE

'vlavl, 2003
Wilminatoq eL,«Ionai O'mcl-
l =7 Cardinal Drive Extension
Wilminsrton. IBC ?8405
Subject: NOV OR Blizzard Tart Farm Fac. 3I-9?
Dear Mr. Shiver:
In response to the NOV letter I received from your office dated May 15th, 2003
pertaining to the inspection of my swine facility on March ;1", 200;. Due to abnormal
rain events during February and March my lagoon freeboard reached critical stages based
on guidelines in my General Permit and Certificate of Coverage.
On March 28t'. ?003 i purchased a new irrigation reel at a cost of$14,655.75 dollars for
the purpose of helping, to lower and maintain adequate freeboard levels in all my lagoons:
On April 7t', 2003 I purchased a $32,000 dollar John Deere tractor for the purpose of
pulling a DMI(cost $6,565.00 dollars) to aerate my spray irrigation fields. In the future
the drainage structures on pulls one(1) and two(2) will be Gaped during irrigation
events to prevent any potential for accidental discharge.
If it were my intent not to comply with my general permit I would not have spent in
excess of $53,000 dollars on the above mentioned equipment.
The st stem that I am applying waste with was designed and approved by the Federal
Government. They provided technical assistance during.the design and installation of
this system. I also received approximately $8,000 dollars in cost share on the installation
of this system.
No system is fool proof. I was unaware that less than 500 gallons of effluent had leaked
into this system, therefore I did not call because I was unaware of the leak. The Federal
Government is aware of this system being used in my spray field, and now no one likes it
and wants me to pay the fine. How would you feel in this situation?
If you have any questions, or if you would like to meet on the farm to discuss this issue
please contact me. My phone number is 910-296-1258.
Sincerely,
O.R. Blizzard Jr.
Attach:

f� F W . FF9
�b G
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
MEMORANDUM
TO: Steve Lewis, Environmental Specialist II
Non -Discharge Compliance/Enforcement Unit
FROM: Gate Stenberg, Environmental Specialist II
Wilmington Regional Office
THROUGH: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
O.R. Blizzard, Jr.
Facility: Tart Farm 31-92
Duplin County
DATE: May 22, 2003
Attached please find the subject enforcement report which concludes that O.R. Blizzard, Jr.:
1. Violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters
of the State without a permit.
2. Violated Condition No. II.1. of the General Permit by applying waste in excessive wind blowing
waste out of the intended application area.
3. Violated Condition No. II. 4. of the General Permit twice by applying waste at rates which
resulted in ponding and runoff.
4. Violated Condition III. 6 of the Swine Waste General Permit by failing to report the discharge
to the Wilmington Regional Office by telephone as soon as possible or at least within 24 hours
following first knowledge of the discharge.
On March 27, 2003, Mr. Rick Dove photographed waste ponding, running towards and being
sprayed over a drainage pipe located in the S.E. comer of the Tart Farm's main Spray field.
On March 31, 2003 during a follow up ground inspection, Mr. O.R_ Blizzard Jr. was once again
applying waste to the main spray field, this time by a second field drainage tile. Excessive wind was
blowing spray out of the intended application area, waste was ponding and running towards this
drain tile and waste was found to be discharging at the field edge into an unnamed tributary to the
N.E. Cape Fear River.
N.G. Division of Water Quality 127 Cardinal Drive Extension Wifmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-523-7748

--Memorandum to Steve Lewis
Tart Farm, Enforcement Report
May 22, 2003
Page 2
- A sample of the waste that was ponding in the field gave a fecal coliform count of 37,000
colonies/100 mt.
- A sample of waste ponding at and discharging down into the drain tile gave a fecal coliform
count of 39,000 colonies/100 mt.
- A sample taken of the stream water before mixing with the piped in waste mixture gave a
fecal coliform count of 6000 colonies/100 mt.
- A sample then taken of the stream/waste mixture at the field edge after the subsurface drain
tile discharge point gave a fecal coliform count of 13,636 colonies/100 mt.
After stopping the flow of waste down the drainage system to the stream, a sample taken of
the stream/waste mixture at the field edge after the subsurface drain tile discharge point gave
a fecal coliform count of 5200 colonies/ 100ml.
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 $567.18 pursuant to North Carolina General
Statute 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8).
Mr. Blizzard's response, dated May 21, 2003, to the Notice of Violation and Recommendation for
Enforcement which was issued on May 15, 2003 is attached.
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 DUPLIN
IN THE MATTER OF
O.R. BLIZZARD, JR.
FOR VIOLATION OF NORTH CAROLINA
GENERAL STATUTE 143-215.1 FOR
MAKING AN OUTLET INTO WATERS
OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. DV
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
}
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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. O.R. Blizzard, Jr., owns and operates Tart Farm, a swine animal operation located on the
east side of State Road 1701 approximately 1 mile North of Hwy 24 in Duplin County.
B. O.R. Blizzard, Jr., was issued Certificate of Coverage AWS310092 under Swine Waste
General Permit AWG 100000 issued pursuant to North Carolina General Statute 143-215.1
on June 26, 1998, effective on June 26, 1998, with an expiration date of April 30, 2003, for
the operation of an animal waste collection, treatment, storage and application system.
C. Condition No. II.1 of the General Permit states that "The collection, treatment, and storage
facilities, and land application equipment and fields shall be maintained at all times and
properly operated."
D. Condition No. IIA. of the General Permit states that "Land application rates shall be in
accordance with the Certified Animal Waste Management Plan. 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."
E. Condition No. III. 6. Of the General Permit states in part "The Permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more than
24 hours following first knowledge of the occurrence of the overapplying of animal Waste
either in excess of the limits set out in the CAWMP or where runoff enters surface waters."

F. On March 27, 2003, Mr. Rick Dove of the Waterkeeper Alliance flew over and
photographed waste being sprayed at an excessive rate to cause ponding, and waste being
sprayed over a white surface drainage pipe that is connected to subsurface drain tile that
discharges at the field edge into an unnamed tributary to the North East Cape Fear River.
G. On March 31, 2003, Mr. Gale Stenberg of the Wilmington Regional Office, Division of
Water Quality, performed an inspection of the Tart Farm. When the inspector arrived, waste
was being applied near to the second of the two surface drain pipes located in the main spray
field. Excessive wind was blowing spray out of the intended application area and covered
the windshield of his State vehicle which was parked 200 yards away. It was observed that
animal waste was running off the main spray area, ponding by and then draining into an
orange surface drain pipe. Waste flowing into this orange surface drain pipe then flows
down a subsurface drain tile to discharge at the fields edge into an unnamed tributary to the
North East Cape Fear River.
H. O.R. Blizzard, Jr., had no valid permit for the above described activities.
L The cost to the State of the enforcement procedures in this matter totaled $567.18
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. O.R. Blizzard, Jr., 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. O.R. Blizzard, Jr. violated Condition No. H. 1. of the General Permit by applying waste in
excessive wind blowing waste out of the intended application area.
D. O.R. Blizzard, Jr., violated Condition No. 11. 4. of the General Permit twice by applying
waste at rates which resulted in ponding and runoff,
E. The unnamed tributary to, and the North East Cape Fear River, are waters of the State within
the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6).
F. The above -cited discharge constitutes making an outlet into waters of the State for purposes
of G.S. 143-2 1 5(a)(1), for which a permit is required by G.S. 143-215.1.
G. O.R. Blizzard, Jr., violated Condition M. 6. Of the General Permit by failing to report by
telephone to the appropriate Regional Office as soon as possible, but in no case more than
24 hours following first knowledge of the occurrence of the over application of animal waste
where runoff enters surface waters.

H. O.R. Blizzard, Jr., may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand
dollars ($25,000.00) per violation 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 terns, conditions, or requirements of such permit.
1. The State's enforcement costs in this matter may be assessed against O.R. Blizzard, Jr.,
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
J. 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 aurthority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, O.R. Blizzard, Jr., is hereby assessed a civil penalty of:
$ for of one violation of G.S. 143-215.1 for discharging animal
waste into the waters of the State without a permit.
for of two violations of Condition No. H. 4. of the General
Permit by applying animal waste such that ponding and runoff
occurred.
$ for of one violation of Condition No. II. 1. of the General
Permit by applying waste in excessive wind blowing waste out of
the intended application area.
$ for of one violation of Condition No. III. 6. Of the General
Permit by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of any failure of any
component of the animal waste collection, treatment, storage and
land application system resulting in a discharge to surface waters.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 567.18 Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors
listed in G.S. 143B-282. 1 (b), which are:
_ (1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) 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:
O.R. Blizzard, Jr.
Contact Person:
O.R. Blizzard, Jr.
Address:
1164 N NC 11 & 903, Kenansville, NC 28349
Facility #:
31-92
Receiving Stream:
Unnamed Tributary to the North East Cape Fear River
Classification:
The North East Cape Fear River is Class C Sw Waters of the State
Regional Office:
Wilmington
Inspector:
Gale Stenberg
Report Prepared By:
Gale Stenberg
Case Narrative:
On March 31, 2003, in response to a referral from Rick Dove of the Waterkeeper -Alliance, I
performed an inspection of the Tart Farm (See Figure #1). When I drove up, the farmer was
applying waste onto two separate spray fields from two separate spray guns. There was excessive
wind causing the waste to blow out of the application areas. In fact, the wind blew waste onto the
windshield of my State vehicle, which was parked at least 200 yards away from the first spray gun.
I also observed ponded waste in the spray field and ponded waste around an orange surface drain
pipe.
I contacted the owner, Mr. Blizzard, who immediately shut down the system. The ponded waste was
found to be draining into the orange surface drain pipe, which connects to a subsurface drain tile,
which discharges at the field edge into an unnamed tributary of the North East Cape Fear River.
Farm and/or -Company Compliance History: Include a coy -of CAFO Designation letters,
previous NOV's. NOD'sprevious civil assessments, etc.
A Notice of Violation dated April 16, 2003, was issued for failure to maintain adequate freeboard.
Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate
of flow reaching surface water.
The exact amount and flow rate of the discharge is difficult to estimate. Mr. Blizzard informed me
that he began pumping at I 1 a.m. and the system was shut down at 3:15p.m.. Based on the ponded
waste visible in the field and the flow of waste out of the subsurface drain tile at the field edge, I
estimate that the amount of waste that discharged into waters of the State to be equal to or greater
than 500 gallons.

Sample Results (If applicable) with locations of samples taken noted in relation to the
discharge point:
The results are as follows:
#1 Stream/Field Edge Lab ID# 4173
#2 Field Drain Lab ID# 4174
#3 Field Before Stream . Lab ID# 4175
#4 Stream/Field Edge Lab ID# 4176
#5 Ponded By Drain Lab ID# 4177
For Sample locutions refer to Figure #2.
13,636 Fecal Coliform, colonies/100 mL
39,000 Fecal Coliform, colonies/100 mL
6,000 Fecal Coliform, colonies/100mL
5,200 Fecal Coliform, colonies/100mL
37,000 Fecal Coliform, colonies/100mL
Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:...
As soon as notified, Mr. Blizzard shut his system down, stopped any further waste from draining out
the drain tile system and then spread the ponded waste back out across his field. He was very
cooperative in trying to minimize any damage done to the environment.
A long term solution now needs to be found to resolve this problem with the open field drain tile.
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-282.1f .
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
The animal waste discharge caused elevated levels of fecal coliform and nutrients in the
waters of the State. These pollutants can be detrimental to the use and ecology of the
receiving waters.
2. The duration and gravity of the violation:
i estimate the duration of the discharge to be four hours and fifteen minutes.
This is a serious violation. The operator failed to adequately monitor his application and as
a result runoff and discharge of animal waste into the waters of the State occurred. Unless
a long term solution is found to resolve this problem with the open field drain tile system,
the problem will more than likely reoccur.
3. The effect on ground or surface water quantity or quality or on air quality:
The etl' ct on surface water quality is documented under the sample results that are shown
above. The effects on ground water are not documented or known. The effect on air quality
is unknown.
4. The cost of rectifying the damage:
The damage that was done by the animal waste that reached waters of the State cannot be
rectified and the cost is unknown.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance may be that amount of money that it would
cost to identify and implement a solution to the drain tile system and ensure that staff are
properly trained and to ensure that there is a sufficient amount of staff to perform sufficient
monitoring of the application activities to ensure that runoff and discharge of animal waste
into the waters of the State does not occur. This amount of money is unknown to me.
6. Whether the violation was committed willfully or intentionally:
Photo's show the operator pumping waste over a known surface drainage system which
discharges at the field edge into an unnamed tributary to the North East Cape Fear River.
When asked, Mr. Blizzard explained how the State of North Carolina designed his drainage
system and because of this, he explained that it was not his fault for any waste lost during his
pumping event.

7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:""
A Notice of Violation dated April 16, 2003 was issued for failure to maintain adequate
freeboard.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $567.18, as follows:
Staff, Stenberg 16.5 hours @ $19.55/hour $322.58
Pictures 11 @ $0.25 each $ 2.75
Samples 5 Fecal @ $20.00/sample $100.00
Mileage 135 miles @ $0.31/mile $ 41.85
Administrative Costs $100.00
Total $567.18

WWR
1 I % r f 4 • h5,: "A' �S}h+y fi. '�� 'I 'i ig i �•f Y5 JV, f
i }
' s•• r a 'lr fi �,,,r M r!n R�% fj @�d 4�� 1 Pyki
�. , i .. f,rg fcC �,�' 'rya R:.:�'OE�ry ��+•�,„��
S '�� � "* Ir F7� r_r-� �' •��r:��o''h.,a�r,,, ski: �i f f�� � �`� 1 •1 `�5 �"�'f `~��
�a`4 S r I +`n. �a � ;y yy� a � r•ri nF �
00,
3 r.'
�
FFFddd �.n M
{
4
w
i 1 R. LC

V6yM _�
31-12 Tu v �' F4krrn
Alt I m; It Al d #toy&s so�7Z�F
Figure 2
00.01: h 4Q .
Pj%Yt -Fev hvw% Am)

Time Table for Events 3/31/2003
11 am irrigation system was turned on.
2pm Inspector arrived on site.
2.38pm Took stream sample of waste mixed with rain water leaving property. Results = 13,636
2:58pm Took sample at -field -drain. Results = 39,000
3:15pm Irrigation system was shut down. The system ran for 4hrs & 15min. According to Mr. Blizzard.
160gpm X 195min. = 31,200 gallons pumped
3:43pm Took surface water sample from edge of field. Results = 6,000
3:46pm Took stream sample at same point were first sample was taken 31 min. After the waste was
stopped from going into drainage system. Results = 5,200
4pm Took sample of ponded waste by field drain. Results = 37,000
31 — 92 Tart Farm
O.R. Blizzard Jr.

Y '
a+-
��-t"ii''�
� � } • `aA�,f 4 err ->�� r s� � 4 ;� � � �� � � ,
• - �3" e.. We w -� �:. � �+z,+- 9 -- ^s :�':' - ,r a .}Y ..�'w� rr r - t4 "� �.! � �
WM
lZIN
+€'-s -; .
" �aa ;,sM � - �--¢�'"�'o �sy�� +�C' •�i. ..a yx r�°'y' �- �� � - � � _-�r�r"V�'7
41,
-. 'OPggo
* __ � i ii- - `✓ram( Fxi�Yl7��
!: f
- - • -._ a :I' _ �{ ram' �"��vK� j�"-r
- , _ 'mow r�.. �"3,'•.�.'y3..--��-� 1-
-
piu,+6 "0 Aofo 4 -en by K;t-k Pa
0
PT/

.:
�� ��i"rfT�tli �YYr'��'i�iti- {�• � � iF..i } `e�i - u � S l� ,5 1X�"!ySrs �X
SL
T�,`�T� ��tv, ; .�-v-x+ ter'- ,� - G v �. Y��. <S � �"'•' '`7 -� t`- -s � � b '>
ILn♦e * lJ +&kM J611 Ma -AL LDr#-ek fdoLA 27_ 'd

3do+h. &4%4.♦ tornty of the tart tavjns maift spicy
4
n
�
photoR I• - by Rick Oovt o4 A& Wafer ketper
Alh-aptce. AOfo 54006 pahald W&Sfc An) W&S)'i.
ben ap rtl ipO? aver AL Wt Ae�3wal lAct .10aih p+rc.
A,,fs fa ktn oft ofora Z 7� Zoo 3o

r

mot. ;�'•s_
• - � - - `� �-k� t Y}! � � 3 r r � tea`' � 3 • ! � � -
• � f'. � 4 •y /�� -}i C -�, yYl ice.-Y__-`,�. �4 `}'}~ F- #''ty` `.

Photo #i0 Photo showing the orange surface drainpipe and the area around after most of the waste has
been removed.

',:L t F -If
? ' yY[- .Y-r t s�L SF - Uw Jar a� •G'-�
y 'tiw..rY
- 3} . � y � _ � `_ • 1. .yam �eCl1 ,pa�Y�.. ;4x-w
d
�-7-' '
,tea
0
OR

.rt � zri•�` -.k.� �--,.•3� i Y - i �, ra' '"� � �."".7�^ i:; �. � r a=" .�'3� .d
a x
�, ..- "- i _ -�- m --.•s x i d fit-' Z;4,
� '':. °l �' � ^Y�Y-�cS N� y... �, •_ �'a 7`F J 3�'.4{� �YS 4�-'�� �9X •�T n'� L�� X-��.w
F� u`f3riFiy S.. I _•"� r� - � 4 fY f'b �Z �C'T Y � r��'!-p��.S�j. �`�s� �
A' J -1'° �'r '"� '� - sc5 �4.5 `t J ��t'F � ... i- ., tt ray -. {3?•.z
IL.+s * C +Ae. 1%, Dort aft MAA 2 7. 7-4

3I—IL 3161fk fast carn4v of the last tavrls Main speay
I pha+a fkeN ey Rick }oat o4 At, gate✓ keope✓
Alheotce. - As+a s4ows dh*lel Wasfe aneI Wao&
6'nl s f rty pd Ofte a WA:♦c suv *occ 040a;h pl.P -.
Aio#ao +a ks" oh moo-ai Z 7, Zoo 3•

} � ,ram' � x-ij'k�""� `� •, c �, �'i �' c.,•. '
t�s ::f.'�.25'•�:�1�g- �'d#��^_TYw E.fi �'T' ��_
s�:yf-x tee'• -

s try F } : ,,`4 i as .
• - s -f �+` ti . i T' !tpr :s r 1. a _ �
ro
A •^'. .ate`- -':Y J, -f �,h' y�-y _� _ �il.. 'ii -. - f. '
t � i - � ! � .f",i .'.�• - _es };fir: - _ s ,

'� -. r'�, -y.yc ��'•�is:i � �e�� � �r,� CIS �_ .� L . r�5� ��.���"i�c.:.y``i•
_ �_ tit-=.*-_- .. _ ='z�' - r� air. F +r� _ F •
z
, T��♦ r Ir �s�9J / rf � iLl � - -S K� �I'��+ Jt' . ' -
�- . S =y .i �' i t§•,.�.. � 1 s ti ;jam s -:•f„`.S•�.. �-i�w !• .j 3 � `� ��1 /1._ r� .t { '
" r �� �4�FI�. r , 7 _;^ r c i. x � � -'� s !may f" � •J ?%- —` _ '

w .y 4 h '� •�..
•
r3 1
j
VX c +
- sue. R•r -i � '1 ,73ri � Idi�ps�„�rr �t N �_ � ti.

ni
T'} cam•% ���yr•""�'�i �i k���t ��•�,� � _ �'�
,}, '' ram,.•.+ s, "i--=+✓'�a+.r}--+s.-„3{ k-F��
-
'
^�,i'
•`� i `F}' .r'—'�cti.n`L.?�fl t 5��, �s _%_•7�r' � � � ;k "" �`f r'•, 'f.
Z

Mvirochem
ANALYTICAL & CONSULTING
CHEMISTS
Customer:
f�r-E'nyironmental Chemists, Inc.
6602 Windmill Way • Wilmington, North Carolina 28405
i [phone] (Lab) • [phone] (Fax)
[e-mail]
CERTIFICATE #94, DLS CERTIFICATE #37729
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Gale Stenberg
Date Sampled:
Sampled By:
REPORT OF ANALYSIS
03/31/03
Gale Stenberg
Date of Report: April 3, 2003
Purchase Order #:
Report Number: 3-1779
Report To: Gale Stenberg
Sample ID
Lab ID
Fecal Coliform,
colonies1100 mL
# 1 Stream /
# 4173
13,636
Field Edge
# 2 Field
# 4174
39,000
Drain
# 3 Field
# 4175
6000
Before Stream
# 4 Stream /
# 4176
5200
Field Edge
# 5 Ponded by
# 4177
37,000
Drain
Comments:
Reviewed by:�_
P

7en "irochem
Smmnle Tvnet 1 = YnfluPnt_ F. = F.
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
NCDENR: DWQ Certificate H94, DLS Certificate 037729
+_ W =Wpll_ QT-Ctraam- Cfl =Rnil_ Cf = Clndva Oflipro
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email:EcheM3YAaol.Com
Report No: 3` }
Sample Identification
Collection
co
o o
U
t�
G
a w
PRESERVATION
ANALYSIS REQUESTED
6
pq
p
DATE
TIME
TEMP
A` 2'n r w -kl
31
C
P
1,
G
G
Xa�-r
Tie Zvi +�i'lu�✓1
1
C
P
41 `%
G
G
Y`A1 �a2
G
GI%J�
T '�I--W "e'��
3: ti
� 7
G
G
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
NOTICE — DECHLORINATION : Samples for Ammdnin, TKN, Cyanide, Phenol, and Bacteria most be dechlorinated
0.2 ppm or less in the field at the time of collection: See revierse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
I.
2.
Temperature when Received: 14YI. 5 !GAccepted: ej ed: esample Requested:
Delivered By: �� ��P�,�a, T� Received By: Date: 3 3 a Time: �` 5
Comments: — Z a

Fiche'm,
Attoyticli & Con
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain ofCustod
NCDENR: DWQ CertHicate 094, Df.s Certif fate 037729
Ramnle Tvnc! I = influent_ It' = F.Mi'spnt- W =WP11_ CT=CtrPnm_ IRO .`=Cnil- 1 = filnrfcrp Othprt
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
�nail;Echetn a 1 c m
Report No:
Sample Identification
Collection
a ,
u w
PRESERVATION
ANALYSIS REQUESTED
x
o
x
DATE
TIME
TEMP
G
G
0.2 G✓f
C
P
G
G
7 �StfQk e
C
P
G.
G
W
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
—171
G
G
NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 ppin or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
2.
a ��
Temperature when Received: Accepted: ej ed: example Requested:
Delivered By: Received By; Date:
Comments: �i — i Z 1 ;.r

of Visit Q Compliance Inspection O Operation Review O Lagoon Evaluation
(Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O. Other ❑ Denied Access
Facility Number 3I 92 Date of Visit: 03131/20Q3 Time: 2pm
O Not Operational O Below Threshold
® Permitted ® Certified 1:1 Conditionally Certified © Registered Date Last Operated or Above Threshold:
Farm Name: lart.FalGm.......................................
Owner Name: QJL......................................... Blinaxd.1ir..................
County: I2xrp�lia......................................... .. �' mo.........
Phone No: 91.0-296-125.8.......
Mailing Address: k1f54. .1YC.�l.. .QQ.................................................................... Kaxallay..c...NC..........-------•.............. ... 2.83.49 .............
Facility Contact:.............................................................................. Title: Phone No:
Onsite Representative:(2w,11er:............................................................................................ Integrator: Pr.!<slagcYar ItS....-------•.........................................
Certified Opera tor:O]!Qja.R................................. BUzzardIr ..................................... Operator Certification Number:2,8.739...... -......................
Location of Farm:.
3ast of Kenansville. East side of SR 1701 approx. l mule North of Hwy 24. +
® Swine ❑ Poultry ❑ Cattle []Horse Latitude 34 • 57 f l0 fL Longitude 77 SO 16 u
`f Desrgn Current - Destjn Current.
Ca ace " Poulatian : 'Poultry - City,Po ulation .`. Cattle 7C
❑ Wean to Feeder
® Feeder to Finish
4410
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
2
F
Layer ❑Dairy
o. Non -Layer ❑ Non -Dairy
❑ Other
' Total Design Capac�ty'f C
�V5
y
Current' -'.-a
aci Population.
.1
4,410
Sa
595,350
Subsurface Drains Present 110 Lagoon Area I❑ Spray Field Area
No Liquid Waste
Diseha� & Stream Impacts
1. Is any discharge observed from any part of the operation? ® Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ® Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ® Yes ❑ No
c. If discharge is observed, what is the estimated flow in gallmin? 500 gal total
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:............................................•--........................................................... ................
Freeboard (inches):
05103101 Continued

Facility Number: 31-92
Date of Inspection 03/31/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN []Hydraulic Overload
12. Crop type
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes • ❑ No
❑ Yes []No
® Yes ❑ No
❑ Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ 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 uired Records & Documents
17. Fail to have Certificate of -?.overage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
[3 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Coents (refer two queslion:I#} Egplamany `YESanswers andlar anyrecommend ons or any ot6ercomnssentsR �k
Use draw�ngs;ot facility to better explain.s�tuattons. (use add�ilona! pages as necessary) , , i
°� � .= �;,.� ,�- � � '�� � �s ` ❑Field COPY ❑Final Notes
'�
�`,� 3 , F, t� � �• ,�
1 & 28 When I drove up at 2pm I noted that the farmer was pumping from 2 separate guns and that there was a person on site walking
around the second gun spray area checking for pondinglrun off. There was excessive wind causing the waste to blow out of the
application area to the access road and I could see ponded waste by the drain pipe serving the area covered by gun # 1 so I called Mr.
Blizzard to get the system shut down. The system was shut down at 3:15pm. After checking I was able to see and hear waste draining
into the field drain pipe which leads to the field edge - stream 1 waters of the State. Mr. Blizzard informed me that he had started the
system at 1 I am.
See Next Page
`�
Reviewer/Inspector Name G$te Stenberg
r=aT �'�
Reviewer/Inspector Signature: Date:
05103101 Continued

Facility Number: 31-92 Date of Inspection o3/31/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the Iiquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
& 10 The field drain system and buffers were not adequate to prevent runoff from entering Waters of the State.
The State was not notified of the problem by Mr. Blizzard as required.
❑ Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
According to Mr. Blizzard, this drainage system was designed by Mr. Dean Bingam, MRCS. The initial reason for this
was to drain off excessive rain / surface waters.
The ponded water around the drain was removed by Mr. Blizzard to stop waste from entering Waters of the State as soon as it was
A long term solution now needs to be found to resolve this problem.
Samples and Photo's were taken.
05103101

(Type of Visit OO Compliance Inspection O Operation Review O Lagoon Evaluation I
lReason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 31 92 Date of Visit: 02/21/2003 Time: 1030
0 Not Operational Q Below Threshold
® Permitted ® Certified © Conditionally Certified © Registered Date Last Operated or Above Threshold: ............
Farm Name: larffairm................. County: DuRlin................................................ !�MA.........
Owner Name: Q..&......................................... RRuaxd.1ir......................................... ..... Phone No: 9jQ. z96-L25.&..........----•-..........................................
Mailing Address: 110.4.]Y. N .11.. c.9Q3.............................................. ......................... C11arvi xilig..z?c................................................... U349 .............
Facility Contact: .........Title:...............................Phone No:
.....................................................................Phone No:................................................... ...................................................
Onsite Representative: A,R,.13111�zard............................................................................. Integrator: fnslagc.Farm.............. .......................................
Certified Operator:QxApjq.................................. jlizzars�.dx..............--•---................. Operator Certification Number: X.S;r3Q.........................
....
Location of Farm:
East of Kenansville. East side of SR 1701 approx. 1 mile North of Hwy 24.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 57 t 10 Longitude 77 • 50 6 16
❑ Wean to Feeder
® Feeder to Finish
4410
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. if discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gaUmin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
❑ Yes ❑ No
❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier. ............. 1&2............. ................................... ..............------•........................................ ................................... ...................................
Freeboard (inches): 27
05103101 Continued

Facility Number: 3i!92 Date of Inspection 02/21/2003
5. Are there any 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/or managed through a waste management or
closure plan? ❑Yes ®No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ® No
8. 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 markings?
❑ Yes
® No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
® No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
ISI No
12. Crop type Coastal Bermuda (Graze) Small Grain Overseed
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
® No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
IN 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?
❑ Yes
® No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
® No
_Required
Records & Documents
17.
Fail to have Certif :ate of Coverage & General Permit or other Permit readily available? =
❑ Yes
IN No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
® No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
® No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
®No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
IN No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
® No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
® No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
® No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
® No
13 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
i+i:?s"�n3+y§�:'.C'" I+A ly'°Fe` 'EplaC"`iIY"..r�,
Contt�e nt(referto,quest.an#}�n any�YESyanswes sur anyeommendahons or anyoth'er comments., ;,.
iJse draanngs-of facility to tietter,'eaplaln situationsuse ad (ditional pages,a d s ecessary) ` ❑Field Copy ❑ Final Notes
NOTE: Overall, farm appears to be well maintained. Bermuda fields appear to be in excellent shape.
Records in order.
Inspection time: 1030 - 1200 (approx.)
NameI.Cti o Cobb-'
F
Reviewer/Inspector
wer/Inspector Signature: Date:
05103101 Continued

Facility Number: 31 _92 Date of Inspection 02/21/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid Ievel of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes IN No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
[]Yes ®No
❑ Yes ❑ No
05103101

waTF,97O
. �O G7
6 r
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7000 0600 0023 4230 0551
RETURN RECEIPT REQUESTED
Mr. O.R. Blizzard Jr.
Tart Farm
1164 N NC 11 & 903
Kenansville, NC 28349
Dear Mr. Blizzard:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
May 15, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Tart Farm
Facility Number: 31-92
Kenansville, NC
Duplin County
This Notice of Violation is issued o� � this date to Mr. O.R. Blizzard, owner/operator of the Tart Farm
covered under Certificate of Coverage AWS 310092. This Certificate of Coverage was issued by the State
of North Carolina under Swine Waste General Permit AWG100000.
On March 27, 2003, Mr Rick Dove of the River Keepers observed and photographed waste being
sprayed over, ponding by, and then draining into the first of two drainage tiles located in the main spray field
for this facility which empties into an unnamed tributary to the N.E. Cape Fear River. In response to this
complaint which was submitted to this office, an inspection was performed on March 31, 2003 by staff from
the Wilmington Regional Office of the Division of Water Quality. During this inspection, violations were
observed and documented.
The Violations found are listed as follows:
When the inspector arrived, waste was being applied next to the second of the two drainage tiles
located in the main spray field. Excessive wind was blowing spray out of the intended application
area to cover the windshield of the State vehicle which was parked 200 yards away. Waste was
also ponding in the application area and then draining off of the field through the second of the two
drainage tiles to discharge at the field edge into an unnamed tributary to the N.E. Cape Fear River.
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 I. Performance Standards, Section 1 of the General Permit that
states, "The animal waste collection, treatment, storage and application system permitted underthis
permit shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants into surface waters, wetlands, or ditches."
jIM
N 'ENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

O.R. Blizzard Jr.
May 15, 2003
Page 2 of 3
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."
2. The Division was also not notified regarding the known discharge problem caused by the drainage
tile system when applying waste over the intakes. Photo's taken show waste being applied directly
over the open drainage system.
This is in violation of Part III. Monitoring & Reporting Requirements Section 6a of the General
Permit, which requires the Regional Office to be notified as soon as possible, not to exceed 24
hours.
Response requirements are listed as follows:
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.
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 specialist, and/or a professional engineer for any assistance
they may be able to provide.
Be advised thatthis office is considering recommending assessmentof civil penalties to the
Director of the Division of Water Quality for the above noted violations. These violations may
result In civil penalties of up to $25,000 per violation In accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
Investigation In accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may pursue additional actions
In this matter Including injunctive relief and permit revocation.

O.R. Blizzard Jr.
May 15, 2003
Page 3 of 3
If you have any questions concerning this matter please do not hesitate to contact either Mr. Gale
Stenherg 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: Bi!lY Houston, Duplin County Soil and Water Conservation
Glenn Clifton, Prestage Farms
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
- DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-92
S:\WQSIANIMALS\DUPLIN\2003\31-92 Tart Farm NOVRFE

%lay21,2003
'\CD\\:Q
W-;' iriuton Regional Office
127 Cardinal Drive Extension
Wilmington, NC'_8405
Subject: NOV OR Blizzard -Fart Farm Fac. 31-92
Dear Mr. Shiver:
In response to the NOV letter I received from your office dated May I'5th, 2003
pertaining to the inspection of my swine facility on March 31', 2003. Due to abnormal
rain events during February and March my lagoon freeboard reached critical stages based
on guidelines in my General Permit and Certificate of Coverage.
On March 2e, 2003 I purchased a new irrigation reel at a cost of $14,655.75 dollars for
the purpose of helping to lower and maintain adequate freeboard levels in all my lagoons:
On April 7111, 2003 I purchased a $32,000 dollar John Deere tractor for the purpose of
pulling a DMI(cost $6,565.00 dollars) to aerate my spray irrigation fields. In the future
the drainage structures on pulls one(1) and two(2) will be caped during irrigation
events to prevent any potential for accidental discharge.
If it were my intent not to comply with my general permit I would not have spent in
excess of $53,000 dollars on the above mentioned equipment.
The system that I am applying waste with was designed and approved by the Federal
Government. They provided technical assistance during the design and installation of
this system. I also received approximately $8,000 dollars in cost share on the installation
of this system.
No system is fool proof I was unaware that less than 500 gallons of effluent had leaked
into this system, therefore I did not call because I was unaware of the leak. The Federal
Government is aware of this system being used in my spray field, and now no one likes it
and wants me to pay the fine. How would you feel in this situation?
If you have any questions, or if you would like to meet on the farm to discuss this issue
please contact me. My phone number is 910-296-1258.
Sincerely,
O.R. Blizzard Jr.
Attach: