310173_ENFORCEMENT_20171231

NUH I H CAHULINA
Department of Environmental Qual

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
August 28, 2000
MEMORANDUM
TO: Coleen Sullins, Water Quality Section Chief
AM
NCDENR
NORTH Cs OLINA pEp RENT OF
ENVIRONMENT AND NATURAL RESOURCES
THROUGH: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
FROM: Stonewall Mathis, Environmental Engineer I, Wilmington Regional Office
SUBJECT: Enforcement Report
DM Farms of Rose Hill, L.L.C.
Magnolia Sow Farms I & 2
Permit No. AWS310171
Duplin County
Attached please find the subject enforcement report which was prepared by Mr. Brian
Wrenn of the Wilmington Regional Office. The report concludes that DM Farms of Rose Hill,
L.L.C.; violated their Animal Waste Permit Number AWS310173, pursuant to G.S. 143-215.1,
by exceeding the maximum waste level in their lagoon and by failing to notify the Wilmington
Regional Office of the insufficient freeboard within 24 hours.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS
143-215.6A (a)(2).
If you have any further questions, please contact me at 910-395-3900, ext. 203.
ATTACHMENTS
cc: rngton'Regional-Office=Fz
127 North Cardinal Dr., Wilmine on, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
DM FARMS OF ROSE HILL, L.L.C.
FOR VIOLATIONS OF
ANIMAL WASTE PERMIT
AWS310173
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
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, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. DM Farms of Rose Hill, L.L.C. (DM Farms), is a corporation organized and
existing under the laws of the State of North Carolina.
B. DM Farms owns and operates Magnolia Sow Farms 1 & 2 located on SR 1114 in
Duplin County.
C. DM Farms was issued Animal Waste Permit AWS310173 on December 18, 1998
with an expiration date of April 30, 2003 for the operation of the Magnolia Sow
Farms 1 & 2.
D. Part V.(3) of the issued permit states that the maximum waste level in the lagoon
shall not exceed that which provides adequate storage to contain the 25-year 24-
hour storm event plus an additional 1 foot of structural freeboard (19 inches).
E. On July 27, 2000, DWQ staff from the Wilmington Regional Office inspected the
facility. It was observed that the Mag 2 lagoon had insufficient freeboard of 13.5
inches.
F. Part III.(6)(e) requires that the Permitte shall report by telephone to the
Wilmington Regional Office of the Division of Water Quality within 24 hours of
first knowledge, any failure to maintain storage capacity in a lagoon greater than
or equal to that required in Condition V.(3) of Permit No. AWS310173.

il
G. DM Farms did not report the insufficient freeboard in the Mag 2 lagoon to the
Wilmington Regional Office of the Division of Water Quality within 24 hours of
first knowledge of the occurrence.
H. The costs to the State of the enforcement procedures in this matter totaled $418.77
Based upon the above Findings of Fact,1 make the following:
II. CONCLUSIONS OF LAW:
A. DM Farms 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. DM Farms violated Part V.(3) by exceeding the maximum allowable waste level
in the Mag 2 lagoon.
D. DM Farms violated Part IIL(6)(e) by failing to notify the Wilmington Regional
Office of the Division of Water Quality of the insufficient freeboard in the Mag 2
lagoon within 24 hours of first knowledge of the occurrence.
E. DM Farms may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than ten thousand dollars
($10,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
DM Farms, is hereby assessed a civil penalty of:
$ 438.77
for violating Part V.(3) of Permit Number AWS310173 by
exceeding the maximum allowable waste level in the Mag 2
lagoon.
for violating Part HL(6)(e) of Permit Number AWS310173 by
failing to notify the. Wilmington Regional Office of the
Division of Water Quality of the insufficient freeboard within
24 hours of first knowledge of the occurrence.
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
considered the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date)
Kerr T. Stevens, Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (V)
Violator: DM Farms of Rose Hill, L.L.C.
Address: PO Box 1076, Rose Hill, North Carolina 28458
Regional Office: Wilmington
1. The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation:
No direct harm was observed because of the violation; however, the freeboard was only 1.5
inches above the designed structural freeboard. This is a large concern and a potential
hazard. At that high level, overtopping and breaches become more likely, especially two
months into hurricane season.
2. The duration and gravity of the violations:
Insufficient freeboard - The freeboard of the lagoon was only 1.5 inches above the designed
structural freeboard (12 inches). This freeboard level is not only dangerous during dry periods
of the summer, but also could be disastrous during a hurricane or tropical storm. Freeboard
records indicate that the lagoon had 20 inches of freeboard on July 21, 2000. Mr. Terry Tate
of DM Farms said that the area had received 8 inches of rainfall since July 21, 2000. Rainfall
records showed rain events of a'/2 inch during several weeks.
Failure to notify- Effective communication with DWQ is a key responsibility of a Permittee.
It is especially true in this case, because of the lagoon breech potential and the time of year.
3. The effect on ground or surface water quantity or quality or on air quality:
No effects on ground or surface water quantity or quality or on air quality were documented.
4. The cost of rectifying the damage:
Extra irrigation equipment could enable DM Farms to lower the lagoon quicker. Because
DM Farms has other facilities with similar irrigation equipment in the same general area, no
additional costs would be incurred. Additional land may be needed to lower and maintain the
lagoon in a responsible and timely manner on a long-term basis. The cost of this action is
unknown.
5. The amount of money saved by noncompliance:
It is difficult to determine the amount of money saved by noncompliance. However,
operation and maintenance costs were avoided by neglecting to apply waste as needed.
6. Whether the violation was committed willfully or intentionally:
Mr. Tate indicated that the farm had received a large amount of rain, 8 inches, in the past
week. Due to the wet conditions of the spray fields, DM Farms chose not to apply waste to
avoid runoff. The farm rainfall records do not support his statement. DM Farms was aware
of their responsibility to notify the Division of Water Quality of the insufficient freeboard
within 24 hours. Mr. Tate said that notification was not submitted because he felt the lagoon
could be lowered by transferring wastewater to other lagoons with more storage.

The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
The facility was issued a Notice of Deficiency on January 8, 1998 for excessive application
of nitrogen on the spray fields. The facility was issued a Second Notice of Deficiency on
April 3, 1998 for insufficient freeboard.
8. The cost to the State of the enforcement procedures:
The cost of the enforcement procedures totaled $438.77.
Stonewall Mathis 8 hours @ $24.09/hour
$192.72
Brian Wrenn 4 hours @ $19.20/hour
$76.80
Film and Developing
$3.53
Mileage 212 miles @ $0.31/mile
$65.72
Administrative Costs
$100.00
9. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance:
DM Farms submitted a plan of action on July 31, 2000 detailing their efforts to correct the
violation. They plan to install control devices to minimi7P water usage, to transfer,
wastewater from the Mag 2 lagoon to other lagoons on site with adequate storage, and
secure a long-term pumping agreement on adjacent land.
10. Mitigating Circumstances:
None

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (V)
Violator: DM Farms of Rose Hill, L.L.C.
Address: PO Box 1076, Rose Hill, North Carolina 28458
Regional Office: Wilmington
1. The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation:
No direct harm was observed because of the violation; however, the freeboard was only 1.5
inches above the designed structural freeboard. This is a large concern and a potential
hazard. At that high level, overtopping and breaches become more likely, especially two
months into hurricane season.
2. The duration and gravity of the violations:
Insufficient freeboard - The freeboard of the lagoon was only 1.5 inches above the designed
structural freeboard (12 inches). ThisTreeboard level is not only dangerous during dry periods
of the summer, but also could be disastrous during a hurricane or tropical storm. Freeboard
records indicate that the lagoon had 20 inches of freeboard on July 21, 2000. Mr. Terry Tate
of DM Farms said that the area had received 8 inches of rainfall since July 21, 2000. Rainfall
records showed rain events of a %z inch during several weeks.
Failure to notify - Effective communication with DWQ is a key responsibility of a Permittee.
It is especially true in this case, because of the lagoon breech potential and the time of year.
3. The effect on ground or surface water quantity or quality or on air quality:
No effects on ground or surface water quantity or quality or on air quality were documented.
4. The cost of rectifying the damage:
Extra irrigation equipment could enable DM Farms to lower the lagoon quicker. Because
DM Farms has other facilities with similar irrigation equipment in the same general area, no
additional costs would be incurred. Additional land may be needed to lower and maintain the
lagoon in a responsible and timely manner on a long-term basis. The cost of this action is
unknown.
5. The amount of money saved by noncompliance:
It is difficult to determine the amount of money saved by noncompliance. However,
operation and maintenance costs were avoided by neglecting to apply waste as needed.
6. Whether the violation was committed willfully or intentionally:
Mr. Tate indicated that the farm had received a large amount of rain, 8 inches, in the past
week. Due to the wet conditions of the spray fields, DM Farms chose not to apply waste to
avoid runoff. The farm rainfall records do not support his statement. DM Farms was aware
of their responsibility to notify the Division of Water Quality of the insufficient freeboard
within 24 hours. Mr. Tate said that notification was not submitted because he felt the lagoon
could be lowered by transferring wastewater to other lagoons with more storage.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor WCDENR
Bill Holman, Secretary NO C c,U4 DEPARTMENT Or
ENVIRONMENT AND NIPUIigI RE ...:ES
Kerr T. Stevens, Director
August 23, 2000
CERTIFIED MAIL 4 7000 0600 0023 4230 0285
RETURN RECEIPT REQUESTED
Mr. Terry Tate
DM Farms of Rose Hill, L.L.C.
PO Box 1076
Rose Hill, NC 28458
Subject: Notice of It, and
Recommendation for Enforcement
Magnolia Sow Farms 1 &_ 2
Permit No. AWS3100173
Duplin County
Dear Mr. Tate:
This is to notify DM Farms of Rose Hill, L.L.C., who holds a non -discharge permit for an
animal waste disposal system pursuant to 15A NCAC 2H.0200 and NCGS 143-215.1, of violations
of North Carolina General Statute 143-215.1 and Animal Waste Permit AWS310173.
On July 27, 2000, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division
of Water Quality inspected your animal operation and the animal waste management system se
rvino
this operation. The following violations were observed:
L The Ma,--') lagoon had insufficient freeboard of 13.5 inches. This is a violation of Part V.(3) of
your Animal Waste Permit.
2_ DM Farms did not notify the Wilmington Regional Office of the Division of Water Quality of
the insufficient freeboard within 24 hours of first knowledge of the occurrence. This is a
violation of Part HL(6)(e) of your Animal Waste Permit.
Although DM Farms has submitted a Plan of Action for the noted violations, a written
progress report of the corrective actions should be mailed to this office within ten (10) days of
receipt of this notice. The progress report should detail the completed action and provide a time
table for completion of the remaining modifications.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper

Mr. Terry Tate
August 23, 2000
Page Two
Please be advised that this office is considering recommending assessment of civil penalties
to the Director of the Division of Water Quality. If you have an explanation for the above noted
violations, please submit your written response along with the progress report. Your response will
be forwarded to the Director along with the enforcement report for his consideration.
If you have any questions regarding this notice, please do not hesitate to call Stonewall
Mathis at 910-395-3900 ext 203 or Steve Lewis of our central office stag at 919-733-5083 to 53 l
Sincerely,.
Rick Shiver
Regional Water Quality Supervisor
cc: Harold Jones, Duplin County Soil and Water Conservation
Ronnie Kennedy, Duplin County Health Department
Kraig Westerbeek, Murphy Fames, Inc.
Non -Discharge Compliance / Enforcement Unit
Central Files
Wilmington Files
\\NROAR02\V OL 1 \DATA\WPDATA\WQS\ANIMALS\DUPLIN\2000\Enforcements\31-
173.800.novroe.doc

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P. O. Box 1076
Rose Hill, NC 28458
July 31,2000
Mr. Stoney Mathis
NCDENR
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Dear Mr. Mathis,
As a follow-up to your inspection of the Magnolia 1 & 2 sow farms on July 27, we would like to
communicate our plan of action to increase and maintain adequate freeboard at these facilities.
We are taking the following actions:
- We harvested the crop on much of the acreage. This land was then cultivated. This totaled
about 62 acres of sprayfield. This process addressed the concern you had with weed
competition, as well as allowed us to land apply waste according to our plan. The acreage
will be replanted as soon as weather permits.
- We will continue to land apply according to our plan as weather permits.
- We are installing additional timers within the farm in order to minimize fresh water usage.
- We will continue to transfer waste into the second stage lagoon at Magnolia 1, as it has
adequate storage.
- We are working on a long-term pumping agreement, which will allow us to add additional
acreage to our waste plan.
We believe that these actions will allow us to increase our freeboard to an adequate level over the next
thirty days. We will continue to intensively manage this system in order to maximize freeboard as fall
approaches.
Regards,
D. M. Farms of Rose Hill, L.L.C.
Terry Tate
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c Division of Soil and Water_Coaservatioa -Operation Review
13 Division of Soil and Water Conservation- Compliance_ Inspection
13 Division of Water Quality Compliance In_ spection -
Srt'i E3 Other Agency - Operation Review'
Tvulme ,B t-um laint p I'ullnw-u of DIN inspection
O Follow-u of DSR C review O Other
Facility Number 3/ / 73 Date of Inspection %/ZQ no
Time of Inspection J i45" 24 hr.(hh:mm)
® Permitted ❑Certified ❑ Conditionally Certified [3 Registered ❑ Not O erational Date Last Operated:
Farm Name: ......... f_fi �, r,,r 11r So L../ rR �'"tS 1 -r L ..........................
a.................................................................................... County: U
Owner Name: 2) ' l .=�. , --n S
................._................................................-......--'--........_._.........._................. Phone No:
...----------
Facility Contact:
Bailing Address:
Title:
Poultry Capacity Population
Layer
L❑ Non -Layer
❑ Other
Phone No:
Design Current
Cattle Capacity Population
❑ Dairy
❑ Non -Dairy
Spray Field Area
❑ Yes ❑ No
❑ Yes [:]No
❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Docs discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Design
Swine Capactb
IlBoars
o Feeder
to Finish
to Wean
to Feeder
to Finish
I1Yumher of Lagoons
Holding Ponds / Solid Traps
Total Design Capacity t
Total SSLW [
❑ Subsurface Drains Present ❑ Lagoon Area
❑ No Liquid Waste Dlanacement Svsrem
Dischar_-es & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field []Other
a. If discharge is observed, was the conveyance man-made'?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier: M l {fir.^ ir7 1F112nd M.1.3eA M'-'ti Z
Freeboard (inches): .......... 1.,8-_5......... 2 z z 3 3. S
.............................................................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? Oe/ trees, severe erosion.
3/23/99 seepage, etc.)
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
XYes ❑ No
Structure 6
❑ Yes ❑ No
Continued on back

Facilih^'Number: 3/ — 73
Uah• of Inspection ') 2 9 On
6. Are there structures on 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 situationposesan
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?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [I No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes ❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
❑ 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?
b) Does the facility need a wettable acre determination? ❑ Yes El No
0 This facility is pended for a wettable acre determination? El Yes [I No
El Yes El No
15. Does the receiving crop need improvement?
JZYes ❑ No
16. Is there a lack of adequate waste application equipment?
Required Records &Documents ❑ Yes ❑ No
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? ❑ Yes ❑ No
Oe/ WUP, checklists, design, maps, etc.) if 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 ❑ 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 19 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
0; i Vq yiol'afioris ok- deficiencies •were p6ted- di&ing 4his:visit •You will reeeiye Rio further •'
. •. • comes ondence: abauf this visit:
CommentserzWquestio'n V.:_ ' x;' , any YFS an and/or any recommendahous oc any Othe= co menu +
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22. DW W4jVlo'��O�i eel`,�1';nst<FF;�ieh¢-`',�eeboR.�,[
Reviewer/Inspector Name ,•`- _-'�"' '�`' � i-"� n�"""'—) '' •-• �-- ,
x - �D.)lCt.✓al �!/���t.717.1:s '-'�.e`rn��:�-•.-��.�",,.� e- a�-..-.,�
Reviewer/Inspector Signature t �I 71 PY `j�2 nn
Date.
3/23/99

❑ Division of Soil and Water Corservation -Operation Review
- - ❑ Division of Soil and %J'ater Consen-ation - Compliance Inspection
19 Division of Water Quality - - - Q ty -. Compliance Inspection .
❑ Other Agency - Operation Revievr - - - -
Q Routine Q Com laint Q Follow-u of D\1' inspection Q FollovvuV of DSR'C review Q Other
Facility Number 3 ( ,j Date of Inspection
Time of Inspection y25 24 hr. (hh-mml
❑ Permitted ❑ Certified ❑ Conditionally Certified ❑ Re;i':ered JE3 Not Operational Date Last Operated: _
Farm Nnmc: ..-_.................. �1
Owner Name: __............_� �a . � 5
.._...................................................._ Phone No:
Facility Contact:
Title:
Mailing Address : ............ ....................... _............
-
Onsite Rcpresentative:._.t7i �_ �c, �'re f l--j� "tt-I'5Si7
Certified Operator
Location of Farm:
'Latitude =-= =.:
Swine
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
Design Current
i Number, of Lagoons
Holding Ponds / Solid Traps
Discharees & Stream Impacts
Phone No:
Integertor._/.�r tt�/� U
Operator Certification
Lon=itu +e j • j � �._
Lfyrn Current
Poultry CaD=ry Population
ILI Lav—:T
❑ t7.� i
Desigrr Car-=
Cattle Capacity Po-_ui:a=om
❑ D_ f
_Nc--D_-. E j
Total Design Capacity
Total SSL1i-
Win- -:a= Dins Present IF❑ L-r—M
\G Snlil St= - NiZ a2eMent 4;v T,,
1. Is any discharge observed from any part of the oper2ticr-'
Discharge originated ac ❑ Lagoon )- G _ • =-rr�
a. If discharge is observed. wa
h- If discharge is observed, die ± _•a_Z = Tic Inc. i7f?.=:-;, notify
c. If discharge is observed. wha-, _ _ _ �. in r
—I/rr M
d. Docs discharge bypass a I-,an?ti=,= r.. ri;6 DWQp
2. Is there evidence of past discharge from any pan of the zcw-:nor
3. Were there any adverse impacts or potential adverse ir=:as>.nie--Iivam� :f _he ::J, c&..er thz-) '-yt a,ii;Lcarzs''
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less TI m;t nt cllv,i.; i iY�n,
StructureI Structure r� _;;ru=tee- e•_.._,_
Identifier: /yJn51ppG'p/ww<y Znol-5/a� 3,^Ai,i'fuU /,�9 Z
Freeboard (inches): ......._�.1....... ........ %�• �.S
5. Are there any immediate threats to the integr ty of any tt id. au mt olv v J (rP/ trees sev.—c=�.,,n.. ❑ x ❑ y;�.
3l23/99
sr_paee, c_:q
Cn� raert.ur i>,n :t

Facility Number. j / —� Date of Inspection
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 pan of the waste management system other than waste structures require maintenance/improvement?
El 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
❑ Yes ❑ No
12.
Croptype
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?
❑ Yes ❑ No
16.
Is there a lack of adequate waste application equipment?
❑ Yes ❑ No
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes ❑ 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 ❑ 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 ONo
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
0'
dyiolafiotis:ordefcie....•werenotedfl..iitg�his;visit'-Yoit:w7tl-reeeipeiigfurther•'
'
corres orideitce:aboutithis visit:
Comments (refer to question #):_ Explain an} YES answers and/or any recommendations or any other
comments
Use drawings of facility to better explmnsituations (use additional pages as necessary) ` _ —
2j• l✓�� ' 0' gorier 1s c6nn )evej< -Le
N° 7: 3��+� kco f: is {ree6an�c( levels rroe 1�5co�
014 F act 1 5-4e _
IReviewer/Inspector Name S % t..
Reviewer/Inspector Signature �� /7✓Zq �> Date: 17129 %"
3/23/99

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
December 18, 1998
DM Farms
Magnolia Sow Farms 1 &2
893 Isham Fredrick Rd
Magnolia NC 28453
Attn: Bruce Evans
t `�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Certificate of Coverage No. AWS310173
Magnolia Sow Farms 1 &2
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
Dear Bruce Evans:
In accordance with your application received on May 27, 1998, we are forwarding this Certificate of
Coverage (COC) issued to DM Farms, authorizing the operation of the subject animal waste collection,
treatment, storage and land application system in accordance with General Permit AWG100000. This
approval shall consist of the operation of this system including, but not limited to, the management of
animal waste from the Magnolia Sow Farms 1&2, located in Duplin County, with an animal capacity of
no greater than 740 Wean to Feeder, 2000,Feeder to Finish, and 7000 Farrow to Wean and the
application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003. 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, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this 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 including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall -apply for its renewal. This request
shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the DWQ prior to a name change or change in ownership.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 'Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 16% post -consumer paper

�y
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTNIENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE OPERATION GENERAL PERMIT
This permit shall be effective from the date of issuance until April 30, 2003. Holders of
Certificates of Coverage (COC) under this permit shall comply with the following specified conditions
and limitations:
I. PERFORMANCE STANDARDS
The animal waste collection, treatment, storage and application system permitted under
this permit shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of
waste at agronomic rates to terraces and grassed waterways is acceptable in accordance
with Natural Resources Conservation Service (MRCS) Standards. Facilities which are in
compliance with their CAWMP and this permit, which unintentionally discharge as a
result of a storm event greater than the 25-year, 24-hour storm, will not be considered to
be in violation of this permit.
2. The CAWNIP is hereby incorporated by reference into this general permit. New or
expanding farms are required to be certified prior to the stocking of animals. The
CAWNIP must be consistent with all applicable statutes, rules and standards in effect at
the time of siting, design and certification of the facility.. Any violation of the CAWMP
shall be considered a violation of this general permit and subject to enforcement actions.
A violation of the General Permit may result in the Permittee having to take immediate or
Iona term corrective .action(s) as required by the Division of Water Quality. These
actions may include modifying .the CAWMP, ceasing land application of waste, or
removing animals from the farm.
3. The facility may not be expanded above the capacity shown in the COC until a new COC
reflecting the expansion has been issued.
4. A copy of this General Permit, COC, certification forms, lessee and landowner
agreements, and the CAWMP shall be readily available at the farm (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. These documents shall be kept
in good condition and records -shall be maintained in an orderly fashion.
5. For all new and expanding operations, no collection or "storage facilities may be
constructed in a 100-year flood plain.

6. 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 stream 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.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated_
2. A vegetative cover shall be maintained an all land application fields and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in the
CAWMP..
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. 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.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, 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 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo 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, pasture, or fields where crops are actively
growing.
7. 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 this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations.
`J

9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWMP. When removal.of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dikes and liners.
12. 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. v
13. The facility must have 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, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition Il (4).
III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to .insure proper operation but at least
monthly and after storm events. 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 or waste 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 necessay
[i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
W

2. If not already installed at this facility, a waste -level gauge to monitor waste levels shall be
installed within 60 days of issuance of the COC under this general permit. This gauge
shall have readily visible permanent markings indicating the maximum liquid level at the
top of the temporary liquid storage volume, minimum liquid level at the bottom of the
temporary liquid storage volume, top of the dam elevations. Where storage ponds are
utilized, only a gauge indicating the maximum liquid level at the top of the temporary
liquid storage volume and top of dam elevations need be installed. Caution must be taken
not to damage the integrity of the liner when installing the gauge. Waste lagoon and
storage pond levels shall be recorded weekly on forms supplied or approved by the
DWQ. For level gauges already installed, the gauge shall have at a minimum: readily
visible permanent markings indicating the maximum liquid level at the top of the
temporary liquid storage volume and minimum liquid level at the bottom of the
temporary liquid storage volume.
3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permittee for a minimum of three years and shall
be made available to the DWQ upon request.
4. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This
analysis shall include the following parameters:
Nitrogen' Zinc
Phosphorous Copper
5. 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.
6. Regional Notification:
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 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.
b. Any failure of the animal waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or sludge.
c. A spill or discharge from a vehicle transporting animal waste or sludge to the land
application field which results in, a discharge to surface waters or an event that poses
a serious threat to surface waters.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment.
4

e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition V (3) of this General Permit.
f. Overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters.
g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface
waters or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate DWQ Regional Office of
the occurrence within 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 DWQ Regional Office.
IV. INSPECTIONS
Any duly authorized officer, employee, or representative of the DWQ may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecurity
measures, enter and inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this permit; may inspect and obtain a copy of any records
that must be kept under the terms and conditions of this permit; and may obtain -samples
of the animal waste, groundwater, soil, plant tissue, or surface water.
V. GENERAL CONDITIONS
The issuance of a COC under this permit shall not relieve the Permittee of the
responsibility for damages to surface waters or ground waters resulting from the animal
operation.
2. The Permittee shall designate a certified animal waste management system operator to be
in charge (OIC) of the animal waste management system. The animal waste management
system shall be operated by the OIC or a person under the OIC's supervision.
The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
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 1 foot of structural freeboard. In addition to the above
requirements, for new and expanding fames with lagoon designs completed after
September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons
without an outside drainage area. `
In the 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 requirements for the system may be
designed into .the lowest lagoon/storage pond �in the system. However, adequate
freeboard must be designed into each of the upper lagoons/storage ponds to allow
sufficient storage to prevent the waste level from raising into the structural freeboard
while the storm water is draining into the lowest lagoon in the system.
5

4. Should the DWQ have good reason to believe that any activities conducted pursuant to y
this permit may cause or contribute any waste, directly or indirectly, to be intermixed
with the waters of the State, the DWQ may require any monitoring (including but not
limited to groundwater, surface water, animal waste, sludge, soil and plant tissue)
necessary to determine the source, quantity, quality, and effect of such waste upon the
waters of the State. Such monitoring, including its scope, frequency, duration and any
sampling, testing, and reporting systems, shall meet all applicable Environmental
Management Commission requirements. "Good Reason" may be based on the findings of
a related Federal, State, Commission or DENR authorized study or report, or other
evidence showing that violations of State water quality standards or other applicable
environmental standards have occurred or may occur.
5.. Failure to abide by the conditions and limitations contained in this permit, the facility's
CAWMP and/or.any COC issued under this permit may subject the Permittee to an
enforcement action by the DWQ in accordance with North Carolina General Statutes and
may include the requirement to obtain an individual non -discharge permit and/or the
modification of the animal waste management system
6. The issuance of a COC under this permit does not excuse the Permittee from the
obligation to comply with all applicable statutes, rules, regulations, or ordinances (local,
state, and federal).
7. If animal production ceases, the Permittee shall close the lagoons/storage ponds in
accordance with Natural Resource Conservation Service (NRCS) lagoon/storage pond
closure standards or develop and implement an animal waste management plan in
accordance with NRCS standards. Closure shall also include notifying the DWQ and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ-
Water Quality Section- Non -Discharge Branch within 15 days of completion of closure.
8. 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 the COC granting coverage under this General Permit.
.9_ Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements whicharerequired in the CAWMP, shall constitute grounds for revocation of
the COC granting coverage under this General Permit.
10. This permit allows for the distribution of manure up to 4 cubic yards per visit to
individuals for personal use.
3

11. The Groundwater Compliance Boundary for the disposal system constructed after
December 31, 1983, is established at either (1) 250 feet from the waste structures and
from the waste disposal area, or (2) 50 feet within the property boundary, whichever is
closest to the waste structures and the waste disposal area. If this facility was constructed
prior to December 31, 1983, the Compliance Boundary is established at either (1) 500
feet from the waste disposal area, or (2) at the property boundary, whichever is closest to
the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond
the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the
Division in addition to the penalty provisions applicable under the North Carolina
General Statutes.
This General Permit issued the eighteenth day of May, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P. ector
Division of Water Quality
By Authority of the Environmental Management Commission
Swine Waste General Permit -Number AWG100000
7

unaptero. ofimproper management
•
penalties, criminal enforcement, and the possibility of closure to stop the
pollution or health threat. The facility may also be required to obtain an
individual nondischarge permit Upon verification that a discharge has
occurred, the operation will be notified by letter from DWQ that a
violation has occurred. This letter will note the nature of violation, the
surface water that is impacted, and.what convective action is required by a
certain date. The letter may additionally state that an enforcement action
will be initiated, which may result in a civil penalty (fine). Additional
conditions may be included in the letter, with a schedule for
implementation.
•
RAINFALL DATA MAP
1S—YEAR 1 DAY PRECIPITATION (INCHES)
S-78 4-1-79S42-13
Rw. L7n
Figure 8-1. Rainfall during a 25 year, 24-hour storm event.
Another course of action may be used if a waste system has the potential
to cause an imminent health hazard. If such an occurrence is determined to
have occurred, the county health director may issue an order to stop the
pollution. This action would take the form of a court order, and in an
extreme case may require the removal of animals from an operation. 0
8-2
North Carolina Cooperative Extension Service

Division of Soil and Water Conservation ❑ Other Agency
Division of Water Quality
tavircouune v uomptamt V tollow-up of DWQ ins--pec--tttion O Follow-up of DSWC review O OtTer
Facility Number Date of inspection
Time of Inspection :tlS 24 hr. (hh:mm)
0 Registered P Certified ❑ Applied. for Permit 13 Permitted 1E3 Not O erational Date Last Operated:
Farm Name: ..... [+ ....... * :: t_ Count}: ........ L, n
Owner Name:....V L,?�y..._Z rmi1�.. Fc�mS...... ....._............. .... Phone No:iX_...............
Facility Contact: ........ ur�c:e. _�L r._5......... _..... _.......... Title:... /..,.
Mailing Address: Fre�rj ta. p
Onsite Representative:.._.S.c+. .?_nLt..._...._.....__....._....—.....__---_.._... Integrator:_...�4�.Vc{�1s{. .. ......._.... __.. . .......
7
Certified Operator: ... . ........... ____ .._----- __....._. Operator Certification Number;... ...._...... /
Location of Farm:
Latitude Longitude 0•�� r�«
Des , : -:Current
`
.a 6 iDesign ;Cut rent Design Current
Swme * Capacity, Population
Poultry ;Capacity Population ;&Cattle Populatton
Feeder
,'.'`,_Capacity
❑Layer❑
Datry
�o Finish Epp
.❑Non -Layer =. ❑Non-Dairyo
Wean
o Feeder
FB
' ❑ Othero
Finish_
_
Total Design Capacity -
n Total`ssLw
3 , 30�
�Niuvber of Lagoons / Holding _Ponds ❑ Subsurface Drains Present ❑ La oon Area ❑ S ray Field Area
.r t B p
_�-
...
= ❑ No Liquid Waste Management System
1.
Are there any buffers that need maintenance/improvement?
❑ Yes
EX No
2.
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 Surface Water? (If yes, notify DWQ)
❑Yes
i1] No
c. If discharge is observed, what is the estimated flow in gal/min?
O
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
❑ Yes
1W No
3.
Is there evidence of past discharge from any part of the operation?
❑ Yes
No
4.
Were there any adverse impacts to the waters of the State other than from a discharge?
❑ Yes
® No
5.
Does any part of the waste management system (other than lagoons/holding ponds) require
❑Yes
[A No
maintenance/improvement?
6.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
[5No
7.
Did the facility fail to have a certified operator in responsible charge?
❑ Yes
No
7125197
to
Continued on back

Facility \umber: —
S.
Are there lagoons or storage ponds on site which need to be properly closed'?
❑ Yes
®No
Structures fLa000ns.11olding Ponds Flush Pits etc.)
9.
Is storage capacity (freeboard plus storm storage) less than adequate?
[] Yes
❑ No
Structure I Structure 2 Structure 3 Structure 4
Structure 5 Structure
6
Identifier. �..................
.>
Freeboard (ft): ...........� :_.
10.
Is seepage observed from any of the structures?
❑ Yes
No
11.
Is erosion, or any other threats to the integrity of any of the structures observed'?
❑ Yes
No
12.
Do any of the structures need maintenance/improvement?
® Yee
❑ No
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
El Yes
M No
Waste Application
14. Is there physical evidence of over application?
❑ Yes No
(If in excess of WMP, or runoff entering waters of the Satz, notify DWQ)
15. Crop type_....bR:CY!-uh._................................
le.Fillk�LY.A.YtttVA.�............`
�- ................_?.......
'f'G-LUG............ _. ...
16. Do the receiving crops differ with those
designated in the Animal
Waste Management Plan (AWMP)?
.
❑yes iN No
17. Does the facility have a lack of adequate acreage for land application?
❑ Yes ® No
18. Does the receiving crop need improvement?
Yes
❑ No
19. Is there a lack of available waste application equipment?
❑Yes
rpp
IgN0
20. Does facility require a follow-up visit by same agency?
;& Yes
No
21. Did Reviewer/Inspector fail to discuss review inspection with on -site representative? -
❑ Yes
`® No
22. Does record keeping need improvement?
>gi Yes
❑ No
For Certified or Permitted Facilities Onfv
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
5a No
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
P No
25. Were any additional problems noted which cause noncompliance of the Permit?
❑ Yes
P2 No
No.violations or deficiencies were noted during this. visit. You %will receive no further
correspondence -about this visit.,
a ummeurs irerer to. gueston #), •Explain any Y'ES answers and/or any recommendations or an)=other comments "
Use drawings of facility to better explain situatons. (use.addiftonal pages as necessary):' .
aon 4(-1 [nos trtSc.`i•}tYl ,t //��"_ f� J� //���� (t �_•• tW t+'C�ttl. I�Ocr �tv�El Si�t1ld JF I04:C: T9 t`4�V�1rtr,
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t itZ s Dili b� 11tJ uJ41— , esee J.ge weer sG�� loe ceceecl�, L,ak. o r n/_5/97
Reviewer/Inspector Name -" " - "'" -•.,::
ReviewerQnspector Signature: � Date: 2 hdo a

' Facitih number:..�j_„ -_jam Date of Inspection: z r_
4/30/97

Znm6y�
o� State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 8, 1998
"Certified Mail #/`Z 312 636 680
Return Receipt Requested
Bruce Evans
Wendy Nursery #1 - #4/Magnolia Sow #2 and #3
Murphy Family Farms
692 Bonham Road
Magnolia, NC 28453
Dear Mr. Evans:
A . 0
NCDENR
No Ce ouw DO,r KTM or
ENVIRONMENT AND N4U RESOURCES
Subject: NOTICES OF DEFICIENCY
Wendy Nursery #1 - #4/Magnolia
Sow #2 and #3
Facility Numbers: 31-70/31-9/31-8/31-10/
31-173/31-93
Duplin County
On October 23, 1997, staff from the Wilmington Regional Office of the Division of Soil
and Water Conservation inspected Wendy Nursery #1 - #4 and Magnolia Sow #2 and #3.
During the inspections, records indicated that nitrogen had been over applied on spray fields at
each of these facilities. Actions should be taken immediately to ensure that irrigation records
are accurately kept and that waste is never applied to fields in excess of those limits established
by the Certified Animal Waste Management Plans.
To remain a deemed permitted facility, all corrective actions must be made within seven
(7) days. Failure to do so may result in these facilities losing their deemed permitted status,
requiring them to obtain an individual non discharge permit.
Please be aware it is a violation of North Carolina General Statutes to discharge waste
water to the surface waters of the State without a permit. The Division of Water Quality has
the authority to levy a civil penalty of not more than $10,000 per day per violation.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50"/ recycled/10% post -consumer paper

Vvans
8, 1998
g-
When the corrective actions are complete, please notify this office in writing at the
address below. If you have any questions concerning this matter, please call Andy Heminger,
Dave. Holsinger, or Brian Wrenn at 910-395-3900.
Sincerely,
Andrew G. Hehninger
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Garth Boyd, Murphy Family Farms
Operations Branch
Wilmington Files . .
S. I WQS L4ADYA 131- B. DEF
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post-commmer paper
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NCDENR
January 16, 1998
Dear Mr. Heminger:
In response to the Notices of Deficiency dated Jan. 8, 1998 for Wendy # 1—#4/ Mag Sow #2 and
#3 , I would offer that we had previously taken corrective action when we presented corrected application
rates to you and David Holsinger for the farms listed in the NOD.
If I need to respond with additional information -or engage in conversation with you concerning
this matter, please advise me.
ely,
Evans
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Z O.
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
April 3, 1998
Certified Mail # Z 312 648 754
Return Receipt &g1jested
Bruce Evans
Magnolia Sow #1 and #2
PO Box 759
Rose Hill, NC 28458
AT44OL1,12,�mMM
NCDENR
NcR C. OuN DEFARTM Or
ENVIRONMENT MD NRU RESOURCES
Subject: SECOND NOTICE OF DEFICIENCY
Magnolia Sow #1 and #2
Facility Number: 31-173
Duplin County
Dear Mr. Evans:
On March 25, 1998, staff from the Wilmington Regional Office of the Division of Water
Quality inspected your animal operation and the lagoon(s) serving this operation. It was observed
that lagoon #1 had insufficient freeboard. On January 8, 1998,- a Notice of Deficiency was issued
based on October 23, 1997 and November 24, 1997 inspections by the Wilmington Regional
Office of the Division of Soil and Water. At those times, it was observed that lagoon #1 had
insufficient freeboard.
Insufficient freeboard is a violation of your Certified Animal Waste.Management Plan
(CAWMP), and subsequent infractions may result in a Notice of Violation and include a civil
penalty. The level of your waste lagoon must be lowered and maintained and proper records
should be kept in accordance with the NRCS guidelines and the state 2H .0200 rules governing
animal waste management systems. In addition, the broken inlet pipes in lagoons #1 and #2
should be extended and the eroded areas backfilled with clay and re -seeded with an appropriate
vegetative cover. The storm water diversion on lagoon #2 should be repaired to prevent further
erosion of the dike wall. Erosion areas on the inner dike wall of lagoon #2 should be filled with
a suitable clay material, compacted and re -seeded with an appropriate vegetative cover. The
bermuda crop should be well established in the spring of 1998. We suggest that you contact your
service company, local NRCS or Soil and Water District office for any assistance they may be able
to provide to correct the situation.
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% port -consumer paper

as
098
Page 2.
To remain a deemed permitted facility, you must notify this office in writing within seven
(7) days of the receipt of this notice, what actions will be taken to comply with your waste
management plan. Failure to do so may result in the facility losing it's deemed permitted status,
requiring it to obtain an individual non discharge permit.
Please be aware it is a violation of North Carolina General Statutes to discharge wastewater
to the surface waters of the State without a permit. The Department of Environment, Health and
Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per
violation.
When the required corrective actions are complete, please notify this office in writing at
the address below. If you have any questions concerning this matter, please call David Holsinger,
Andy Helminger or Brian Wrenn at 910-395-3900.
Sincerely,
21� A)i
Brian L. Wrenn
Environmental Specialist
cc: Harold Jones, County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Dr. Garth Boyd, Murphy Family Farms
Operations Branch
Wilmington Files
S:\WQS\BRIANW\DEF98\DupLiNul-173-2.DEF

RECEIVED
• APP, 1 3 1998 101 /99v
BY:
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66A)OLsA i C oZg5�S3
Sfi,4fG 6� N.C.
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Division of Soil and
Water Conservation
Morehead City Field Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
C. Dewey Botts, Director
12/14/97
Bruce Evans
DM Farms
692 Bonham Road
Magnolia, NC 28453
1�
NCDAMM�ER
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NR URAL RESOURCES
SUBJECT: Notice of Referral: General Statute (G.S.) 143-215.10E - Violations
Requiring Immediate Notification
Farm Name/Facility Number. Magnolia Sow Farm 1/31-174;
Duplin County
Dear Mr. Evans;
As required by G.S. 143-215.10E - Violations Requiring Immediate Notification, which
states in part:
(a) Any employee of a State agency or unit of local government lawfully
on the premises and engaged in activities relating to the animal operation
who observes any of the following violations shall immediately notify the
owner or operator of the animal operation and the Division:
(3) Failure to maintain adequate storage capacity in a lagoon that
poses an immediate threat to public health or the environment.
As required, 1 have informed the Division of Water Quality (DWQ) that as indicated by
Operation Reviews done on 10/23/97 and 11/24/97, the freeboard was 1.42 feet and
1.5 feet, respectively. Due to this consistent lack of adequate storage I have notified
the DWQ. If I can be of any further assistance to you, please feel free to contact me at
919-808-2808, ext. 214.
Dupfm SWCD
DWO-WRO
Gann Boyd
Ca 9 Rene
DSWC- WRo
Sincerely
r
John M. Fitzgerald
Environmental Specialist II
151-B Highway 24 •Hestron Plaza II • Morehead City, North Carolina 28557
Telephone [phone]a08 FAX [phone]
An Equal Opportunity Affirmative Action Employer

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality F2ECEIVED
Michael F. Easley, Governor APR 3 0 Z001
William G. Ross Jr., Secretary
Kerr T. Stevens, Director Lt3Y;
Mr. Terry Tate
D. M. Farms of Rose Hill, L.L.C.
Post Office Box 1076
Rose Hill, NC 28458
Dear Mr. Tate:
mAA
NCDENR
NoRrr CARou DEPARTMENT of
ENVIRONMENT AND NRURA RESOURCES
April 26, 2001
CERTIFIED MAIL .
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of Conditions of General
Permit AWG100000
Farm # 31-173
Duplin County
File No. PC 00-068
This letter transmits notice of a civil penalty assessed against Magnolia Sow Farms 1 & 2
in the amount of $1,438.77 which includes $438.77 in investigative costs. Attached is a copy of
the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
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).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://`h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
W.!
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhom
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments
tonewalfRitliis, WIRO w/ attachments
File # PC 00-068 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
OF CIVIL. PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. AWG100000 ) STIPULATION OF FACTS
FILE NO. PC 00-068
Having been assessed civil penalties totaling $1,438.77 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, April 25, 2001 , 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.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
2001.

k
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC 00-068
III •.1 u : IIM •
D.M. FARMS OF ROSE HILL, L.L.C. )
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. D.M. Farms of Rose Hill, L.L.C. (DM Farms) is a corporation organized and
existing under the laws of the State of North Carolina.
B. DM Farms owns and operates Magnolia Sow Farms 1 & 2, a swine operation
located on SR 1114 in Duplin County.
C. DM Farms was issued Certificate of Coverage AWS310173 under General Permit
AWG100000 for Magnolia Sow Farms 1 & 2 on December 18, 1998, effective
December 18, 1998, with an expiration date of April 30, 2603. DM Farms has
two waste storage lagoons.
D. Condition No. V. 3. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the Certified
Animal Waste Management Plan (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."
E. The 25-year, 24-hour storm event for the facility's location is between seven (7)
and eight (8) inches according to National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.

F. Based on a 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoons for Magnolia Sow
Farms 1 & 2 shall not exceed nineteen (19) inches.
G. Condition No. III. 6. e. of the General Permit requires that 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 failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 3. of the issued permit.
H. DWQ staff from the Wilmington Regional Office inspected Magnolia Sow Farms
1 & 2 on July 27, 2000 and observed that the waste level of the Magnolia 2 lagoon
was thirteen point five (13.5) inches which exceeded the level specified in the
CAWMP.
I. The Wilmington Regional Office had not received notification from DM Farms
that the waste level exceeded the level specified in the CAWMP.
J. The costs to the State of the enforcement procedures in this matter totaled
$438.77.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. DM Farms 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. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
D. The above -cited failure 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 failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III. 6. e. of the General Permit.
E. DM Farms may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than ten thousand dollars
($10,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.

F. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
D.M. Farms of Rose Hill, L.L.C. is hereby assessed a civil penalty of:
$ Soo . Oa for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ SOo. no for violating Condition No. III. 6. e. 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 failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3
$ \ ,Goo .00 TOTAL CIVIL PENALTY, which is yS percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 438.77 Enforcement costs .
$ �l-k3$ .11 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-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.
Ii-2S-o
(Date) Kerr T. Stevens, Director
Division of Water Quality