310241_HISTORICAL_20171231

NORTH CAROLINA
Department of Environmental Qual

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Murphy -Brown, LLC 7/24n014 P 0 Box 856
Warsaw, NC 28398
NUTRIENT UTILIZATION PLAN
Grower(s): Marion Dean Brown
Farm Name: Dean Brown Farm
Farrow to Feeder
Farrow to Finish EC E I\/E
Wean to Feeder
Wean to Finish SEP Q 3 201q
Feeder to Finish 4,320 8
Storage Structure: Anaerobic Lagoon By:
Storage Period: >180 days ��---
Application Method: Irrigation
The waste from your animal facility must be land applied at a speed rate to prevent pollution
of surface water and/or groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient Waste should be analyzed
before each application cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration rates, leaching potentials,
cation exchange capacities, and available water holding capacities.
3. Normally waste shall be applied to land eroding at less than 5 tons per acre per
year. Waste may be applied to land eroding at 5 or more tons per acre annually, but
less than 10 tons per acre per year providing that adequate fiber strips are established.
4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen.
Either of these conditions may result in runoff to surface waters which is not allowed
under DWQ regulations.
5. Wind conditions should also be considered to avoid drift and downwind odor
problems.
6. To maximize the value of the nutrients for crop production and to reduce the potential
for pollution, the waste should be applied to a growing crop or applied not more than
30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
1 of 8

This plan is based on the waste application method shown above. If you choose to change
methods in the future, you need to revise this plan. Nutrient levels for dtfferent application
methods are not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient content
for this type of facility. In some cases you may want to have plant analysis made, which could
allow additional waste to be applied. Provisions shall be made for the area receiving waste to
be flexible so as to accommodate changing waste analysis content and crop type. Lime must
be applied to maintain pH in the optimum range for specific crop production.
This waste utilization plan, it carried out meets the requirements for compliance with 15A NCAC
2H .0217 adopted by the Environmental Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft', tons, etc.):
Capacity Type Waste Produced per Animal Total
Farrow to Wean
3212 gal/yr
gal/yr
Farrow to Feeder
4015 galtyr
gal/yr
Farrow to Finish
10585 gaUyr
gallyr
Wean to Feeder
223 galtyr
gavyr
Wean to Finish
838 galyr
galtyr
4320
Feeder to Finish
986 gallyr
4,259,520 gatlyr
Total
4,259,520 gatfyr
AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs):
Capacity
Nitrogen Producedper Animal
Total
Farrow to Wean
3.85 Ibstyr
Ibstyr
Farrow to Feeder
6.95 Ibstyr
Ibstyr
Farrow to Finish
18.861bstyr
Ibstyr
Wean to Feeder
0.35 Ibstyr
Ibstyr
Wean to Finish
1.4 Ibstyr
Ibstyr
4320 Feeder to Finish
1.67 lbaV
7.214 Ib
Total
7,214 r
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
LAND UTILIZATION SUMMARY
The following table describes the nutrient balance and land utifization rate for this facility
Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced
on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize
in the normal growing season.
Total Irrigated Acreage: 56.17
Total N Required 1st Year: 14739.116
Total N Required 2nd Year: 12349.867
Average Annual Nitrogen Requirement of Crops: 13,644.49
Total Nitrogen Produced by Farm: 7,214AD
Nitrogen Balance for Crops: (6,330.09)
The following table describes the specifications of the hydrants and fields that contain the crops
designated for utilization of the nitrogen produced on this facility. This chart describes the size,
soil characteristics, and uptake rate for each crop in the spedfied crop rotation schedule for this
facility.
2of8

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3(a) of 8

This plan does not include commercial fertilizer. The farm should produce adequate plant
available nitrogen to satisfy the requirements of the crops listed above.
The applicator is cautioned that P and K may be over applied while meeting the N requirements.
In the future, regulations may require farmers in some parts of North Carolina to have a nutrient
management plan that addresses all nutrients. This plan only addresses nitrogen.
In interplanted fields (i.e. small grain, etc, interseeded in bermuda), forage must be removed
through grazing, hay, and/or silage. Where grazing, plants should be grazed when they
reach a height of six to nine inches. Cattle should be removed when plants are grazed to a
height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care
should be exercised not to let small grain reach maturity, especially late in the season (i.e,
April or May). Shading may result if small grain gets too high and this will definitely interfere
with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen
being utilized. Rather than cutting small grain for hay or silage just before heading as is
the normal situation, you are encouraged to cut the small grain earlier. You may want to
consider harvesting hay or silage two to three times during the season, depending on the
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late September or early October. Drilling is
recommended over broadcasting. Bermudagrass should be grazed or cut to a height of
about two inches before drilling for best results.
CROP CODE LEGEND
Crop Code Crop
Lbs N utilized / unit yield
A
Bailey
1.6 lbs N / bushel
B
Hybrid Bermudagrass - Grazed
50 Ibs N / ton
C
Hybrid Bermudagrass - Hay
50 Ibs N / ton
D
Corn - Grain
1.25 Ibs N / bushel
E
Corn - Silage
12 Ibs N / ton
F
Cotton
0.12 Ibs N / Ibs lint
G
Fescue - Grazed
50lbs N 1 ton
H
Fescue - Hay
501bs N ! ton
I
Oats
1.3 Ibs N / bushel
J
Rye
2.4 Ibs N / bushel
K
Small Grain - Grazed
50lbs N / acre
L
Small Grain - Hay
50 Ibs N / acre
M
Grain Sorghum
2.51bs N / cwt
N
Wheat
2.4 Ibs N / bushel
O
Soybean
4.0Ibs N I bushel
P
Pine Trees
40 Ibs N / acre / yr
Acres shown in the preceding table are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas
not receiving full application rates due to equipment limitations. Actual total acres in the fields
listed may, and most likely will be, more than the acres shown in the tables.
See attached map showing the fields to be used for the utilization of animal waste.
4of8

SLUDGE APPLICATION:
The following table describes the annual nitrogen accumulation rate per animal
in the lagoon sludge
Farm Specifications PAN
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Wean to Feeder
Wean to Finish
4320 Feeder to Finish
rlanimal Farm Totaltyr
0.84
1
4.1
0.072
0.306
0.36 1555.2
The waste utilization plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to
prevent over application of nutrients or other elements. Your production facility will produce
approximately 1555.2 pounds of plant available nitrogen per year will accumulate in the lagoon
sludge based on the rates of accumulation listed above.
If you remove the sludge every 5 years, you will have approximately 7776 pounds of plant
available nitrogen to utilize. Assuming you apply this PAN to hybrid berinuda grass hayland at the
rate of 300 pounds of nitrogen per acre, you will need 25 acreas of land, it you apply the sludge
to own at a rate of 125 pounds per acre, you will need 62.208 acres of land. Please note that these
are only estimates of the PAN produced and the land required to utilize that PAN. Actual values
may only be determined by sampling the sludge for plant available nitrogen content prior to application
Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific
application fields designated for sludge application at time of removal.
APPLICATION OF WASTE BY IRRIGATION:
The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation
such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil
stricture, soil texture, water droplet sae, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of irrigation nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the
producer and irrigation designer to ensure that an irrigation system is installed to property
irrigate the acres shown in the preceding table. Failure to apply the recommended rates and
amounts of nitrogen shown in the tables may make this plan invalid.
*This is the maximum application amount allowed for the soil assuming the amount
of nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Your facility is designed for >180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 months. In no instance should the volume of the
waste stored in your structure be within the 25 year 24 hour storm storage or one foot of
freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to ensure that the spreader equipment
is operated property to apply the correct rates to the acres shown in the tables. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report for assistance in
determining the amount of waste per acre and the proper application prior to applying the waste.
5of8

Application Rate Guide
The following is provided as a guide for establishing application rates and amounts.
Soil Application Rate Application Amount
In/h. `inches
T72047
1
Rains
C
0.4 1
T72046
2
Rains
C
0.4 1
T72046
3
Rains
D
0.4 1
T72047
4
Rains
D
0.4 1
T72047
Pivot 1
Noboco
C
0.5 1
T72047
Pivot 2
Rains
D
0.4 1
6
Rains
D
0.4 1
sub field 1
Rains
C
0.4 1
sub field 2
Rains
D
0.4 1
sub field 3
Rains
C
0.4 1
sub field 4
Rains
D
0.4 1
6of6

NUTRIENT UTILIZATION PLAN CERTIFICATION
Name of Farm: Dean Brown Farm
Owner. Marion Dean Brown
Manager.
OwnerfManager Agreement:
Uwe understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste nutrient management
plan for the farm named above. Uwe know that any expansion to the existing design capacity
of the waste treatment and/or storage system, or construction of new facilities, will require a
new nutrient management plan and a new certification to be submitted to DWQ before the new
animals are stocked.
Vwe understand that I must own or have access to equipment, primarily irrigation equipment,
to land apply the animal waste described in this nutrient management plan. This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoon
in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be filed on site at the farm office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWQ upon request
Name of Facility Owner.
Signature:
Name of Manager (if different from owner):
Signature:
Name of Technical Specialist:
Affiliation:
Address:
Signature:
Dean Brown
Telep
O�
M
8of8

Additional Comments:
Sub Field acres are optional and for use with an "Aerway" or "honey wagon".
The acreage used in this NUP is based on an imgafion design prepared by
Kevin Weston and is a recalculation done due to application land placed into
a conservation easement. There have been no changes made to the crop
7of8

NUTRIENT UTILIZATION PLAN
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
There must be documentation in the design folder that the producer either owns or has
an agreement for use of adequate land on which to properly apply the waste. If the
producer does not own adequate land to properly dispose of the waste, he/she shall
provide evidence of an agreement with a landowner, who is within a reasonable
proximity, allowing him/her the use of the land for waste application. It is the
responsibility of the owner of the waste production facility to secure an update of the
Nutrient Utilization Plan when there is a change in the operation, increase in the number
of animals, method of application, recieving crop type, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic
crop yields based upon soil type, available moisture, historical data, climatic conditions,
and level of management, unless there are regulations that restrict the rate of applications
for other nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land eroding at more than 5 tons per acre per year but less than 10
tons per acre per year provided grass filter strips are installed where runoff leaves the
field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the land application field.
6 When animal waste is to be applied on acres subject to flooding, waste will be soil
incorporated on conventionally tilled cropland. When waste is applied to conservation
tilled crops or grassland, the waste may be broadcast provided the application does not
occur during a season prone to flooding (See "Weather and Climate in North Carolina" for
guidance).
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not cause
drift from the site during application. No ponding should occur in order to control odor and
flies.
s Animal waste shall not be applied to saturated soils, during rainfall events, or when the
1, of 3

NUTRIENT UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(continued)
Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils
with a high potential for leaching. Waste/nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to take up released nutrients.
Waste shall not be applied more than 30 days prior to planting of the crop or forages
breaking dormancy.
Any new swine facility sited on or after October 1, 1995 shall comply with the following:
11 The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property
boundary and canal. Animal waste, other than swine waste from facilities sited on or after
October 1, 1995, shall not be applied closer than 25 feet to perennial waters.
Animal waste shall not be applied closer than 100 feet to wells.
12
Animal waste shall not be applied closer than 200 feet of dwellings other than those
13 owned by the landowner.
Waste shall be applied in a manner not to reach other property and public right-of-ways.
14
Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted cropland
15 provided the fields have been approved as a land application site by a "technical
specialist". Animal waste shall not be applied on grassed waterways that discharge
directly into water courses, and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from the site.
16
Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
2of3

NUTRIENT UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage, or discharge.
1e If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
19 basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
Animal waste can be used in a rotation that includes vegetables and other crops for direct
20 human consumption. However, H animal waste is used on crops for direct human
consumption, it should only be applied pre -plant with no further applications of animal
waste during the crop season.
Highly visible markers shall be installed to mark the top and bottom elevations of the
21 temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining.
22 nutrient, unless other restrictions require waste to be applied based on other nutrients,
resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in
the soil shall be monitored and alternative crop sites shall be used when these metals
approach excessive levels. pH shall be adjusted and maintained for optimum crop
production. Soil and waste analysis records shall be kept for a minimum of five years.
Poultry dry waste application records shall be maintained for a minimum of three years.
Waste application records for all other waste shall be maintained for a minimum of five.
years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
3of3

Goode F-ai [h
c

Dean Brown Farm
Face No.: 31-241
Scale: 1 "=400'
Total Field 3 = 17.43 Ac.
Wetted '= 14.80 Ac.
Sub Field 3 = 2.63 Ac.
"C
P1
13.58 Ac. w/o End Gun
14.80 Ac. w/ End Gun
Total Field 4 = 21.36 Ac.
Wetted = 18.36 Ac.
Sub Field 4 = 3.00 Ac.
Specifications:
ra er'. w e son -150 Big Gun
w/1.18" Nozzle 0 60 PSI
310' WD : 215 GPM
Piwt:
612' Machine Length
w/9o' End Gun Radius
Total Field 1 = 9.94 Ac.
Wetted = 8.52 Ac.
Sub Field 1 = 1.42 Ac.
Hog
Houses
Lagoon
Wells
W/100'
offsets
Total Field 2 = 7.44 Ac.
Wetted = 6.13 Ac.
Sub Field 2 = 1.31 Ac.
0
N
5 ]2-ST2014

CAWMP Plan Amendment
Dean Brown Farm (Facility 31-241)
Duplin County
11/10/2004
This document is intended to serve as a CAWMP Amendment for the farm above
for the Fall/Winter of each year. This is an optional amendment that may or may not be
used by the producer based on lagoon levels.
The Dean'Brown Farm has the option to overseed small grain, prior to harvest, on
to any soybean field in its existing CAWMP. After soybean harvest, the small grain will
be allowed to grow to a suitable height for removal as hay. This plan is intended to
describe the overseeding'of soybeans with small grain only, and effectively add this
practice to the existing CAWMP for this facility. Effluent will be applied through the use
of hard hose travelers, center pivots, and aerway applicators.
Tract#72046 & 72047
Field any Small Grain (Hay) 80 lbs PAN/acre Sept — April
The small grain -cover must be harvested for hay, or used strictly as a cover for the
Spring crop. If used strictly as a cover, nitrogen applications to the Spring crop should
not exceed 30 lbs./acre, and must be deducted from the subsequent com crop.
Existing setbacks must be adhered to.
This amendment is for
the original CAWMP should t
Specialist
Dean Brown
Owner
stated purpose only. All other requirements of
I during the time this amendment is valid and
Lo 6
Date
Date

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
May 5, 2000
CERTIFIED MAIL # P 254 116 347
RETURN RECEIPT REQUESTED
Mr. Dean Brown Jr.
Marion Dean Brown Jr. Farm
468 George Dunn Sholer Dr.
Wallace, NC 28466
NCDENR
NORTH CA OLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Notice of Deficiency
Marion Dean Brown Jr. Farm
Facility Number: 31-241
Duplin County
Dear Mr. Dean Brown Jr. :
This is to notify Mr. Dean Brown Jr., who holds a non -discharge permit for an animal waste disposal
system pursuantto 15A NCAC 2H. 0200 and North Carolina G.S.143.215.1, of deficiencies of Animal Waste
Permit AWS310241.
On April 11 2000, 1 inspected your animal operation and the animal waste management system
serving this operation. During the inspection it was observed that your cover crops need improvement.
Specifically, the bermuda hay crop in fields #1 and #2 was inadequate, and fields #1 and #2 required lime
according to current soil analysis. These are deficiencies of Part II Operation and Maintenance
Requirements, Sections 2 and 3 of Animal Waste Permit AWS310241, which require a vegetative cover to
be maintained on land application fields and lime application to maintain soil pH in the optimum range for
crop production. Please refer to the following information for guidance.
For all crops, especially grassed pastures or hay fields, soil pH must be maintained for the proper
health of the crop and uptake of nutrients from application. Lime must be applied according to the rate
indicated on your annual soil analysis when the amount is equal to or greater than 1.0 ton/acre. In no
instance, should more than 2.0 tons/acre be applied during any year. It takes approximately 4-6 months for
lime to work throughout the root zone; thus lime should be applied in late summer or early fall for it to be
available to the summer crop next year.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% mcycled/10% post -consumer paper

Mr. Dean Brown Jr.
May 5, 2000
Page 2
Grassed fields must be harvested to avoid disease, control weed growth, and remove applied
nutrients. Bermuda fields should be cut for hay at a height of 16-20 inches and soil pH maintained at 6-6.5.
Fescue fields should be cut for hay in April and again in October.
Pastures may need to be cut for hay periodically if grazing herd cannot keep up with growth or
mowed periodically for control of weeds. Herbicide may need to be applied periodically for control of
broadleaf weeds or volunteer grasses.
To correct these deficiencies, please submit a Plan of Action to the Wilmington Regional Office
of the Division of Water Quality that describes the actions to be taken to comply with Animal Waste
Permit AWS310241. The Plan of Action should include a list of all modifications needed to ensure there
are no future deficiencies along with a timetable for completion of these modifications.
The proposed written Plan of Action must be received by this office within fifteen (15) days of the
receipt of this notice. Upon approval and implementation of the plan, you must notify this office when
the corrective actions are complete. Contact your Service Company, county Soil & Water district office,
or county extension office for any assistance they may be able to provide.
If the deficiencies are not corrected, the Division of Water Quality may issue a Notice of
Violation and pursue additional actions including civil penalties, injunctive relief, or revocation of your
deemed permitted status.
If you have any questions concerning this matter please do not hesitate to contact either
Stonewall Mathis or myself at [phone].
Sincerely, �f/f
Greer McVicker
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Star Maready, Duplin County Cooperative Extension
Howard Hobson, Carroll's Foods, Inc.
DWQ Non -Discharge Operations Branch File
DWQ Wilmington Animal Files 31-241 ,
S:\WQSVANIMALS\DUPLIN\2000\31-241 nod

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
May 5, 2000
CERTIFIED MAIL # P 254 116 347
Mr. Dean Brown Jr.
Marion Dean Brown Jr. Farm
468 George Dunn Sholer Dr.
Wallace, NC 28466
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NRU RESOURCES
Subject: Notice of Deficiency
Marion Dean Brown Jr. Farm
Facility Number: 31-241
Duplin County
Dear Mr. Dean Brown Jr. :
This is to notify Mr. Dean Brown Jr., who holds a non -discharge permit for an animal waste disposal
system pursuant to 15A NCAC 2H. 0200 and North Carolina G.S.143.215.1, of deficiencies of Animal Waste
Permit AWS310241.
On April 11 2000, 1 inspected your animal operation and the animal waste management system
serving this operation. During the inspection it was observed that your cover crops need improvement.
Specifically, the bermuda hay crop in fields #1 and #2 was inadequate, and fields #1 and #2 required lime
according to current soil analysis. These are deficiencies of Part II Operation and Maintenance
Requirements, Sections 2 and 3 of Animal Waste Permit AWS310241, which require a vegetative cover to
be maintained on land application fields and lime application to maintain soil pH in the optimum range for
crop production. Please refer to the following information for guidance.
For all crops, especially grassed pastures or hay fields, soil pH must be maintained for the proper
health of the crop and uptake of nutrients from application. Lime must be applied according to the rate
indicated on your annual soil analysis when the amount is equal to or greater than 1.0 ton/acre. In no
instance, should more than 2.0 tons/acre be applied during any year. It takes approximately 4-6 months for
lime to work throughout the root zone; thus lime should be applied in late summer or early fall for it to be
available to the summer crop next year.
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. Dean Brown Jr.
May 5, 2000
Page 2
Grassed fields must be harvested to avoid disease, control weed growth, and remove applied
nutrients. Bermuda fields should be cut for hay at a height of 16-20 inches and soil pH maintained at 6-6.5.
Fescue fields should be cut for hay in April and again in October.
Pastures may need to be cut for hay periodically if grazing herd cannot keep up with growth or
mowed periodically for control of weeds. Herbicide may need to be applied periodically for control of
broadleaf weeds or volunteer grasses.
To correct these deficiencies, please submit a Plan of Action to the Wilmington Regional Office
of the Division of Water Quality that describes the actions to be taken to comply with Animal Waste
Permit AWS310241. The Plan of Action should include a list of all modifications needed to ensure there
are no future deficiencies along with a timetable for completion of these modifications.
The proposed written Plan of Action must be received by this office within fifteen (15) days of the
receipt of this notice. Upon approval and implementation of the plan, you must notify this office when
the corrective actions are complete. Contact your Service Company, county Soil & Water district office,
or county extension office for any assistance they may be able to provide.
If the deficiencies are not corrected, the Division of Water Quality may issue a Notice of
Violation and pursue additional actions including civil penalties, injunctive relief, or revocation of your
deemed permitted status.
If you have any questions concerning this matter please do not hesitate to contact either
Stonewall Mathis or myself at [phone].
Sincerely,
,�L 0��l�
Greer McVicker
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Star Maready, Duplin County Cooperative Extension
Howard Hobson, Carroll's Foods, Inc.
DWQ Non -Discharge Operations Branch File
DWQ Wilmington Animal Files 31-241
S:\WQS\ANIMALS\DUPLIN\2000\31-241 nod

✓ a
t ANIMAL FACILITY ANNUAL CERTIFICATION FORM
Certificate of Coverage or Permit Number N2z3/2 yi/
County Year 200�
Facility Name (as shown on Certificate of Coverage or Permit) /i/%r; ,, �� , y�2„
_ T Fars
Operator in Charge for this Facility /17jGr;Oc, /. �Jy Certification :
Land,*Iication of animal waste as allowed by the above permit occurred during the past calendar year
tt// }(ES NO. If NO, skip Part I and Part II and proceed to the certification. Also, if animal waste
was generated but not land applied, please attach an explanation on how the animal waste was handled.
PartI : Facility Information•
I. Total number of application Fields 2/0r Pulls O (please check the appropriate box) in the Certified Animal
waste Management Plan (CAWMP : JQ
) Total Useable Acres approved in the CAwMp
2. Total number of Fields &or Pulls ❑ (please check the appropriate box) on which land application
occurred during the year. /(i Total Acres on which waste was applied
3. Total pounds of Plant Available Nitrogen a p ��t _ g (PAN) applied during the year for all application sites:
4. Total pounds of Plant Available Nitrogen (PAL) allowed to be land applied annually by the CAWbfP and
the permit: 9�l 8%
5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken
off site during the year L4741,/ tons ❑ or gallons
g R (pease check the appropriate box)
6. Annual average number of animals by type at this facility during the previous year:
7. Largest and smallest number of animals by type at this facility at any one time during the previous year.
Largest
Smallest / r�
(These numbers are for informational purposes only since the only permit limit on the number of animals
at the facility is the annual average numbers)
8. Facility's Inteerator if applicable:
Part II: Facility Status:
IF THE ANSWER TO ANY STATEMENT BELOW IS "No, PLEASE PROVIDE A WRITTEN'
DESCRIPTION AS TO WHY TILE FACILITY WAS NOT C01NvIPLV,_NT, THE DATES OF :�vY NON
COMPLIANCE, AND E.YPLAIN CORRECTIVE ACTION T - KEN OR nROPOSED TO BE TAI,= TO
BRING THIS FACILITY BACK INTO CObfPLL�NCE.
i. Oniy animal waste generated at uliis facilir• was applied;
the past calendaryear. during tyyes ❑ No
FEB 1 9 Z004
AFACF 3-14-03 N n-Dschage comliam�e Ent.

2.
The facility was operated in such a way that there was no direct runoff of waste from
the facility (including houses,
❑ yes g No t
the lagoons/storage ponds and the application sites) during
the past calendar year.
3.
She /17`%Lini
There was no discharge of waste to surface water from this facility during the past
calendar year.
❑ ye
4.
There was no freeboard violation in any lagoons or storage ponds at this facility during
the past calendar year.
❑ yes M-No
5.
There was no PAN application to any fields or crops at this facility greater than the
9Yes D No
levels specified in this facility's CAWIvfP during the past calendar year.
.
6.
All land application equipment was calibrated at least once during the past calendar year.
El Yes Lit No
7.
Sludge accumulation in all lagoons dic�notYxceed the volume for w ch a ,gogb,n�
lagoons di 4 exceede vo �C rbr- roO i/Zy-ze
designed
El Yes ❑ No/1/�}
was or reduce the lagoon's minimum treatment volume to less than the volume
for which the lagoon was designed�-
8.
A co 7�/crG�y"f{y /.
copy of the Annual Sludge, S For�mrffbf
9.
ey this�acility is attached o this Certification.
Annual soils analysis we& performed on edch freld rec ivinanimal waste during
g
❑ Yes ❑ No IV14
Ca Yes El No
past calendar year.
_
10. Soil pH was maintained as specified in the permit during the past calendar Year?
I rl Yes ❑ No
I I- All required monitoring and reporting was performed in accordance with the facility's
permit during the past calendar year.
❑ Yes 2-1�0
t
12. All operations and maintenance requirements in the permit were complied with during
the past calendar in
❑ Yes R<o
year or, the case of a deviation, prior authorization was received
from the Division of Water Quality.
13. Crops as specified in the CAWIviP were maintained during the past calendar year on all
sites receiving animal waste and the crops grown were in
L� Yes El No
removed accordance with
the facility's permit.
14. All buffer requirements as specified on the permit and the C?.WIvIP for this facility were
211y ❑ No
maintained during each application of animal waste during the past calendar year.
"I certify under penalty of law that this document and all attacTiments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
T
Signature ofPermittee t�arP
5uaLw� ut uperator in urm
different from Permittee)
Date
AFACF 3-14-03

Dean Brown Farm
Marion Dean Brown, Jr.
468 George Dunn Sholar Road
Wallace, North Carolina 28466
December 17, 2003
Mr. Rick Shiver
NCDENR-DWQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, N. C. 28405
Subject: Notice of Violation and
Recommendation for Enforcement
Dean Brown Farm
Facility Number: 31-241
Chinquapin, N C
Duplin County
Dear Mr. Shiver:
DEC 19 2003
In reference to violations listed on your letter dated December 4, 2003, my explanation and description of
the actions taken to be in compliance and to prevent their recurrence are as follows:
Ponded Waste and Runoff
On November 4, 2003 I was in the process of bringing up the spray system. I left the pump to go
across the field to activate the center pivot, that is when I observed the riser spraying from a leak.
I immediately returned and cut the system off. I observed some ponding but no run off. Since
then, I have put a new packing and bolt in that riser and replaced every riser on the farm as a
preventive measure.
2. Discharging into Water of the State
Late November 4, 2003, 1 did do some pumping and did keep it checked but I did not observe any
run off. November 5, 2003, 1 was in school in Lumberton for Continuing Education for
Waste Operator Certification all day and did not have an opportunity to check the situation until I
was notified by phone that your people were already on scene.
3. Failure to Notify
I read that due to excessive rainfall back in the summer our state senator, Charlie Albertson, was
presenting a bill to give us 7 more inches of free board. I thought this passed and that I did not
have to notify until 12 inches.
4. Failure to Notify
I discovered this leak when the system was being brought up but did not observe any run off. I
did not state that it was this leak that caused the discharge. I stated , "Chat if there was a
discharge, it was this leak that caused it." Since I observed no run ofr, there was no reason to
notify.

grI P 254 116 347 Oq
,us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sen�to ---
M'rl 7)o.—
pwtw
0

Mr. Rick Shiver
Page 2 of 2
December 15, 2003
In reference to keeping in compliance, we have put a dirt buffer around the riser that, in case of problem,
would eliminate any run oI£ filled rodent holes that may allow waste to enter a ditch. Due to excessive
rainfall this year we purchased a center pivot system to help distribute the excess water and maintain free
board level. Working in conjunction with Water and Soil Conservation, we have purchased a new
technology air -way system that will allow us to better maintain free board levels, help control ponding and
runoff.
Alope the above explanations and description of actions taken to stay in compliance are satisfactory. It is
my desire to maintain and operate an environmentally safe and friendly family farm. With this said and
the steps taken along with enormous additional expenses on a very limited income, I kindly request that
any fines or penalties be abated.
Sincerely,
Marion Dean Brown, Jr.
Enclosures: Copy of December 4, 2003 DWQ Letter
Copy of Newspaper Notification

Notification of Wsstewster Runoff in Duplin County
House Bill 1160, which the General Assembly enacted in July 1999, requires that
municipalities, animal operations, industries and others who operate waste handling
systems issue news releases when a waste discharge of 1,000 gallons or more reaches
surface waters.
In accordance with that regulation, the following news release has been prepared and
issued to media in the affected county;
The Dean Brown Animal Farm had a wastewater runoff event November 5, 2003 of an
estimated 1,000 gallons from a spray field in the vicinity of SR 1819 and SR 1820 due to
an equipment malfunction. The anerobically treated waste water ran off into a farm ditch
that eventually flows into Muddy Creek in the Northeast Cape Fear River Basin.
The Division of Water Quality was notified of the event on November 5, 2003 and is
reviewing the matter.

Notification of Wastewater Runoff in Duplin County
House Hill 1160, which the General Assembly enacted in July 1999, requires that
municipalities, animal operations, industries and others who operate waste handling
systems issue news releases when a waste discharge of 1,000 gallons or more reaches
surface waters.
In accordance with that regulation, the following news release has been prepared and
issued to media in the affected county;
The Dean Brown Animal Farm had a wastewater runoff event November 5, 2003 of an
estimated 1,000 gallons from a spray field in the vicinity of SR 1919 and SR 1920 due to
an equipment malfunction. The anerobically treated waste water ran off into a farm ditch
that eventually flows into _Muddy Creek in the Northeast Cape Fear River Basin,
The Division of Water Quality was notified of the event on November 5, 2003 and is
reviewing the matter.
0

•i
Michael F. Easley, Governor
G. Ross,North Carolina Department of Enviro mllen and NaturalrR sourrrces
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
gcoi., cbk c ocu'I `11.7(b gbst
CERTIFIED MAIL # 7000 0600 0023 4230 0568
RETURN RECEIPT REQUESTED
Mr. Marion Dean Brown Jr.
Dean Brown Farm
468 George Dunn Sholer Dr.
Willace, NC 28466
Dear Mr. Brown Jr.:
December4, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Dean Brown Farm
Facility Number: 31-241
Chinquapin, NC
Duplin County
This Notice of Violation is issued on this date to Mr. Marion Dean Brown Jr., ownerloperator of the
Dean Brown Farm covered under Certificate of Coverage AWS 310241. This Certificate of Coverage was
issued by the State of North Carolina under Swine Waste Management System General NPDES Permit
NCA200000.
During an inspection performed on November 5, 2003, staff from the Wilmington Regional Office
of the Division of Water Quality observed and documented several violations.
These violations are listed as follows:
Ponded Waste and Runoff
On November 5, 2003, during a ground inspection, itwasfound thatwaste was ponded and running
off of the Dean Brown Farm's center spray field.
This is in violation of Condition 11.4 of the NPDES Permit NCA200000 that states, "Land application
rates shall be in accordance with the CAW MP. 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
event".
2. Discharging into Waters of the State
During the ground inspection, it was found that waste had run off and then discharged directly into
a field ditch which discharges directly into Muddy Creek. The discharge volume is estimated at
1,000 gallons.
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone]
Fax [phone] Customer Service

Mr. Marion Dean Brown Jr.
Page 2 of 3
December 4, 2003
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 a violation of Condition I. 1 of NPDES Permit NCA 200000 that states in part, "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".
3. Failure to Notify
On November 5, 2003 at the time of the inspection it was found that the lagoon # 1 freeboard level
was at 14 inches and lagoon # 2 freeboard level was at 17 inches. The State was not notified as
required when the lagoon levels exceeded the minimum level requirements.
This is in violation of Condition III 11e of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following first knowledge of the failure to maintain the
required storage capacity in a lagoon/storage pond.
4. Failure to Notify
During the ground inspection on November 5, 2003, the owner reported that the hydrant closest to
the farm path to the Danny Brown Farm had developed a leak when the system was first turned
started on November 4, 2003. He stated that it was this leak that caused the discharge. The owner
knew of this leak and failed to Notify the State as required.
This is in violation of Condition III 11 a of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following the failure of any component of the land
application system resulting in a discharge to surface waters or wetlands.
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.

Mr. Marion Dean Brown Jr.
Page 3 of 3
Nov. 7, 2003
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.
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,
1 c-tz 1.
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown LLC
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-241
S:IWQSIANIMALSIDUPLIN12003131-241Dean Brown Farm NOVRFE

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hF
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7000 0600 0023 4230 0568
RETURN RECEIPT REQUESTED
Mr. Marion Dean Brown Jr.
Dean Brown Farm
468 George Dunn Sholer Dr.
Willace, NC 28466
Dear Mr. Brown Jr.:
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 4, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Dean Brown Farm
Facility Number: 31-241
Chinquapin, NC
Duplin County
This Notice of Violation is issued on this date to Mr. Marion Dean Brown Jr., owner/operator of the
Dean Brown Farm covered under Certificate of Coverage AWS 310241. This Certificate of Coverage was
issued by the State of North Carolina under Swine Waste Management System General NPDES Permit
NCA200000.
During an inspection performed on November 5, 2003, staff from the Wilmington Regional Office
of the Division of Water Quality observed and documented several violations.
These violations are listed as follows:
Ponded Waste and Runoff
On November 5, 2003, during a ground inspection, itwas found thatwaste was ponded and running
off of the Dean Brown Farm's center spray field.
This is in violation of Condition 11.4 of the NPDES Permit NCA200000 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
event".
2. Discharging into Waters of the State
During the ground inspection, it was found that waste had run off and then discharged directly into
a field ditch which discharges directly into Muddy Creek. The discharge volume is estimated at
1,000 gallons.
*A
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer service
800-623-6748

Mr. Marion Dean Brown Jr.
Page 2 of 3
December 4, 2003
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 a violation of Condition I. 1 of NPDES Permit NCA 200000 that states in part, "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".
3. Failure to Notify
On November 5, 2003 at the time of the inspection it was found that the lagoon # 1 freeboard level
was at 14 inches and lagoon # 2 freeboard level was at 17 inches. The State was not notified as
required when the lagoon levels exceeded the minimum level requirements.
This is in violation of Condition III 11 a of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following first knowledge of the failure to maintain the
required storage capacity in a lagoon/storage pond.
4. . Failure to Notify
During the ground inspection on November 5, 2003, the owner reported that the hydrant closest to
the farm path to the Danny Brown Farm had developed a leak when the system was first turned
started on November 4, 2003. He stated that it was this leak that caused the discharge. The owner
knew of this leak and failed to Notify the State as required.
This is in violation of Condition III 11 a of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following the failure of any component of the land
application system resulting in a discharge to surface waters or wetlands.
Response requirements are listed as follows:
1. A written response must be submitted to the Wilmington Regional Office, Division of Water Quality
that includes:
a. An explanation of the violations.
b. Adescription 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.

1,
Mr. Marion Dean Brown Jr.
Page 3 of 3
Nov. 7, 2003
You may wish to contact your Service Company, County Soil & Water district office, county
extension office, a qualified technical specialist, and/ora professional engineerfor 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 perviolation 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.
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,
L_IL
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown LLC
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal -Files 31-241-,
S:\WQS\ANIMALS\DUPLIN\2003\31-241Dean Brown Farm NOVRFE.

NOV.11.2003 2:08PN CARROLL'S FOODS NO.522 P.2
PIA-i
J'^1
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES UJ� 2Uu r r
Facility Number. County: Dupfin _
Facility Name: Dean Brown Farm
Certified operator Name; Dean Brown Operator Number. 17177
1. Current liquid level(s) in inches as measured from the current liquid level In the lagoon to the
lowest point on the top of the dam for Koons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5'
Lagoon Name/ID: 1 2
Spillway(Y or N): N N
Levelllnches): 14 17
2. Check all applicable items
Liquid level is within the designed stryctuml freeboard elevations of one or more struclures.
Five and 30 day Plans of Action areattached. Hydraulic and agronomic balances are
within acceptable ranges,
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures, A
30 day Plan of Action Is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume an nd content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWrd prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be parlially or fully depopulated,
`Attach a complete schedule With corresponding animal units and dates fro depopulation
if animals are to W moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 11/11/2003
1 hereby certify that I have reviewed the information listed above and Included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
Phone: GILL a <S- <6 Z3
Facility Owner/Manager (print)
Date: f/' �/-
Facility Owner(Manager (signature)

NOV.11.2003 2:09PM CARROLL'S FOODS NO.522 P.5
PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 PAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/identifier (ID): --�
2. Current liquid volume in 25 yr,/24 hr. storm storage & structural freeboard
a, current liquid level according to ma*er
b, designed 25 yr,124 hr. storm & structural freeboard
c. line b - line a (inches in red zone) =
d, top of dike surface area according to design
(area at below structural freeboarl elevation)
e, line c/12 x line d x 7.48 gallonW
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
14,0 inches
19.0 inches
5.0 inches
74904 ftz
231591 gallons
180 days
g, volume of waste produced according to structural design 94947 f
h. current herd # 1 4320 certified herd # 4320
actual waste produced = current herd # x line g = 94947 If
certified herd #
1. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + J) x 7.48 x 30 daystline f=
4. Total PAN to be land applied during draw down period
I, current waste analysis dated 1 10/01/2003
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2/21/00
47250 to
177272 gallons
0.98 Ibs11DOD gal.
400.7 tbs. PAN
0

NOV.11.2003 2:09PM CARROLL'S FOODS
NO.522 P.6
PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. structure NameAdentifier (ID): 12
2. Current liquid volume In 25 yc124 hr. storm storage & structural freeboard
a, current liquid level according to marker
b. designed 25 yrJ24 hr. storm & structural freeboard
c, line b - line a (Inches in red zone) _
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e, line c/12 x line d x 7.48 gallonshe
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
1_701 inches
19.0 inches
2.0 inches
40858 ft
50684 gallons
180 days
g, vOlume of waste produced according to structural design 47473 ft3
h. current herd # 4320 certified herd # 4320
actual waste produced = current herd # x line g = 47473 ft
certified hard #
I. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + I +j) x 7.48 x 30 daysAiine f=
4. Total PAN to be land applied during draw down period
I, current waste analysis dated 1DM1/2003
m. (pines e + wioo0) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structu►e tab shown below)
POA (30 Day) 2121/00
�ft3
25398 e
90643 gallons
O.t78 Ibs11000 gal.
138.7 lbs. PAN
F-1

NOV.11.2003 2:0BPM OARROLL'S FOODS
NO.522 P.3
11, TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRd24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Stnrdure ID:
2. Structure ID: 2
3. Structure ID:
4. Structure ID:
5. Structure ID:
6, Structure ID:
line m =
400.7 lb PAN
line m =
135.7 Ib PAN
line m =
It) PAN
line m =
-lb PAN
line m =
-lb PAN
line m = _lb PAN
n. lines 1 + 2 + 3 + 4 + 5 + 6 = 539A lb PAN
111, TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERInn_ �� NOT I LCT FIRI t7C TO UVBII!'41 sawu rrwus�nr nc wnncw wm.uw ru,e...w .. �.. ...
o. tract #
p, field #
q. crop
r. acres
s. nmalniry MR-
2 PAN balmnae
(lbrawel
t, TOTAL PAN
BALANCE FOR
FIELO (ibs,l
column r x s
u. ■ppp nvtnduw'
72047
1
Small Grain
4.601
50.00
230,0
72047
2
Small Grain
5.901
42.80
252.5
72047
3
Small Grain
3.701
50.00
185.0
72047
4
Small Grain
5.201
50,DO
280.0
72047
5
Wheat
5.501
120.00
660.0
72046
6
Wheat
3.401
110.00
374,0
72046
7
Wheat
3.501
110.00
385.0
6831
8
Wheat
2.001
120,00
240.0
6831
9
Wheat
3.00
120.00
380.0
6831
10
Wheat
3.501
120.00
420.0
mare curmmmr crop enamg appucauan aate or next crop application beginning date for available
receiving -crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 3366.5 lb. PAN
IV, FACILITY'S PoA OVERALL PAN BALANCE
W. Total PAN to be land applied (line n from section 11) e
PoA (30 Day) 2I21100
639.4 Ib. PAN
�J

NOV.11.2003 2:09PM CARROLL'S FOODS
NO.522 P.4
x. Crop's remaining PAN balance (line v from section 111) = 3366.5 lb, PAN
Y. Overall PAN balance (w-x) _ .2627 lb. PAN
Line y must show as a deficit, If line y does not show as a deficit, list course of action here Including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on pew Information. If new fields are to be included as an option for lowering lagoon level, add these
Fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
onto axrsbng spray fields will
for pumping if needed,
PoA (30 pay) 2/21100
as
179

State of North Carolina
Department of Environment
and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Marion Dean Brown Jr
Marion Dean Brown Jr Farm
468 George Dunn Sholer Dr:
Willace NC 28466
Dear Marion Dean Brown Jr:
193V
USA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 4, 2002
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Marion Dean Brown Jr Farm
Facility Number 31-241
Duplin County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Stoney Mathis on 7/27/99 was made to review the actual number of acres at your
facility that receive animal waste during land application. The evaluation of your facility has yielded one of
the following two results as indicated by the box marked with an "X".
Category 1:
9 The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Stoney Mathis the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Stoney Mathis, at 127 Cardinal Drive
Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you
have any questions please contact Stoney Mathis at [phone]. If within 90 days you
are unable to provide Stoney Mathis with the information you are automatically
required to complete a Wettable Acre Determination as described by Category 2
below, within 180 days of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Afr uttive Action Employer 50% recycled/10% post -consumer paper

Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
❑ Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please he advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File
Carroll's Foods, Inc.

Wettable Acres Determination Certification
Name of Facility: Facility Number:=
Owner(s) Name: Phone No:
Mailing
By signing this form, the facility owner and Technical Specialist acknowledge the completion of the
Wettable Acres Determination. All necessary Wettable Acre Determination Field Data Sheets and
calculations were completed to conduct a Wettable Acre Determination. The facility's Waste
Utilization Plan has been amended as necessary to reflect actual wetted acreage. A copy of all
worksheets, calculations, and other Wettable Acres Determination documents, along with the
applicable Waste Utilization Plan and Wettable Acre Determination Certification will be filed with
the local Soil and Water Conservation District. A copy will also be kept on site with the Certified
Animal Waste Management Plan. Any future modifications must be approved by a technical
specialist and filed with the Soil and Water Conservation District prior to implementation. If any
modifications to the existing irrigation system or any new irrigation equipment was required to
adequately address the waste management needs of this facility, an Irrigation Specialist or
Professional Engineer has certified the design and installation below.
Owner
Owner Signature: Date:
Technical Specialist
Technical Specialist Signature: Date:
If assisted by an Irrigation Specialist or Professional Engineer please read and sign below:
Animal waste application equipment has been designed or modified to apply waste as necessary to
accommodate the waste management plan and according to NRCS Standards. Animal waste
application equipment has been installed according to NRCS Standards and is ready for use.
Irrigation Specialist/PE
Irrigation Specialist/PE
Submit this form to:
Attn: Sonya Avant
Non -Discharge Compliance Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
WADC - 7/99

N.C. DIVISION OF.WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received
Report Received
Check One. _Fish /ON Sp1D
a ^400
P e No.
Bypass Animal NPDES N.D.
wffmce waters impacted ` //off — Classification
Drive Exxttemiion, Wilmington, N.C. 2840538455 - Tele-pphh/o.0004
127 Caaj/r�d/i/mllJ/
�

State of North Carolina
Department of Envirom
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Marion Dean Brown Jr
Marion Dean Brown Jr Farm
468 George Dunn Sholer Dr.
Willace NC 28466
Dear Marion Dean Brown Jr:
JAN 0 6 -
2000
3Y:�i�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
December 30, 1999
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 31-241
Duplin County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY], DRY2, DRY3, SLUR], SLUR2,
SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
SincereI
Kerr T. Stevens, Director
Division of Water Quality
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
Au Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Marion Dean Brown Jr
Marion Dean Brown Jr Farm
468 George Dunn Sholer Dr.
Willace NC 28466
Dear Marion Dean Brown Jr:
17
,
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 8, 1999
Subject: Conditional Approval
Animal Waste Management System
Facility Number 31-241
Duplin County
Our records indicate that your facility was conditionally certified in order to fulfill the requirements of
completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your
unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water
Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification
has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of
December 7, 1999, we have no record of any information from you, advising us of the status of your conditional
approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form
in the appropriate areas.
The completed form must be submitted to this office on or before 45 days of receipt of this letter. Please be
advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to
provide DWQ with proper notification of your conditional certification status or possible failure to comply with the
requirement to develop and implement a certified animal waste management plan by December 31, 1997.
If you have any questions regarding this letter, please do not hesitate to contact me at [phone]
extension 571.
Sincerely,
Sonya L.00Avant
Environmental Engineer
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

2,4;hI - 8
Revised April 20, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number ?/ - 24/.
Farm Name`-'_ a ri FrawYN
On -Site Representative: �p,­aw v\
Inspector/Reviewer's Name: S-Fon e
Date of site visit:
Date of most recent WUP: S 28 1
Operation is flagged for a wettable
acre determination due to failure of
Part 11 eligibility item(s) F1 F2 F3 F4
Operation not required to secure WA
determination at this time based on
exemption E1 E2 E3 E4.
v Operation pended for wettable gcre
deteP2
Annual farm PAN deficit:1�Z• 9 ZS rmination based on P1 P3 pounds - -
Irrigation System(s) - circle #: 1. hard -hose traveler, 2. center -pivot system; 3. linear -move system;
4. stationary sprinkler system w/permanent pipe; 5. stationary sprinkler system w/portable pipe;
6. stationary gun system w/permanent pipe; 7. stationary gun system w/portable pipe
PART I. WA Determination Exemptions (Eligibility failure, Part II, overrides Part I exemption.)
E1 Adequate irrigation design, including map depicting wettable acres, is complete
and signed by an I or PE.
E2 Adequate D, and DZ/D, irrigation operating parameter sheets, including map
depicting wettable acres, is complete and signed by an I or PE.
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and sinned by a WUP.
E4 75% rule exemption as verified in Part III. (NOTE:75 % exemption cannot be
applied to farms that fail the eligibility checklist in Part II. Complete eligibility
checklist, Part II - F1 F2 F3, before completing computational table in Part III),
PART 11.75% Rule. Eligibility Checklist and. Documentation of WA Determination
Requirements. WA Determination.requiredbecause. operation fails ione of the.eligibility -
requirements listedbelow:
F1 Lack.ofacreage which-resultedinnver-application-Mf-Wastewater=(PAN) onspray_
fields) accordingfoiarm'slasttwo-years nfJmgation7ecords.-
F2 Unclear,-illeoible,-or lack of information/man.
F3 Obvious -field limitations -(numerous2ditches;failurefoAeduct7equired::.
buffer/setbackmcreaae;-or25%mftotal acreageidentinedinMAWMP_:1includes
small; -irregularly -shaped fields -fields iessfhan-5acres #ortravelers-or_less -than --
2 acres -for -stationary sprinklers).
F4 WA determination required because CAWMP credits field(s)'s acreage in excess
of 75% of the respective field's total acreage as noted in table in Part III.

Facility Number ?' - ZL�l
Part Ill. Field by Field Determination of 75% Exemption Rule for WA Dete
Revised April 20, 1999
TRACT
NUMBER
FIELD
NUMBER''
TYPE OF
IRRIGATION
SYSTEM
TOTAL
ACRES
CAWMP
ACRES
FIELD
% .
rrrltnatton
COMMENTS'
`718o8
F�2_d
z
Reel
I�.S
/o.s
7 Z
4 6
9
- .
71go8I
s
?
s.5
7ZD47
4
1 8.9
1 '2
i
i
I
I
I
I
FIELD NUMBER'
I
h d
I
I
y rant, pull, zone, or.point numbers maybe used in place of field numbers depending on CAWMP
and type of inrication system. if pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to
calculate 75% field by field determination for exemption; otherwise operation will be subject to WA determination.
FIELD NUMBERZ - must be clearly delineated on map.
COMMENTS' -back-up fields with CAWMP acreage_exceeding75% of its total -acres and having received less than 50%
of its annual PAN as documented in the farm's previous -two years' (1997 & 1998) of irrigation Tecords,-cannot serve -as the
sole basis -for requiring a WADetermination:Back-uofieldsmustbenoted inthe -commentse^,rion-and mustbe accessible
by irrigation system_
Part IV. Pending WA Determinations-
_�Pi Plan lacks -following information:
P2 Plan Tevision may_satisfy75% rule based on adequate overall PAN deficit and by
adjusting all fieldacreageto below 75% use rate
P3 Other (ie/in process of installing new irrigation system):

DECEMBER 03, 1998
MR. BRIAN L. WRENN
ENVIROMENTAL SPECIALIST
NCDENR
i
zECE1VED
i DEC 0 8 1998
BY:
SUBJECT: WRITTEN RESPONSE TO " NOTICE OF DEFICIENCY' LETTER DATED 11/25/98
ISSUE # 1 --- WRONG CROP SPRAY FIELD #2, T-72047
DEAR MR. WRENN,
IN REFERENCE TO ISSUE #1---------PLEASE BE ADVISED THAT I HAVE SPOKEN WITH
MR. JOHNNY LANIER OF DUPLIN COUNTY SOIL AND WATER CONSERVATION WHOM IS
TITLED AS A NCACST. THE SUMMARY OF OUR CONVERSATION WAS THAT I AM TO
RESEED FIELD #2, T-72047 WITH COASTAL BERMUDA IN THE SPRING OF 1999.
ADDITIONAL REQUESTS REQUIRING ACTION ON MY PART, AS MENTIONED IN YOUR
LETTER ...........REFERENCE TO EXTENSION OF INLET PIPES, AND CUTTING AND
RESEEDING OF FIELDS #1 & #2 T-72047.......... HAVE BEEN DUALLY NOTED. I WILL
STRIVE TO MAKE EVERY EFFORT TO SEE THAT THESE TWO REQUESTS ARE
SATISFIED.
PLEASE FEEL FREE TO CONTACT ME AGAIN SHOULD ANYTHING STATED IN THE ABOVE
NEED CLARIFICATION. UNTIL WE CORRESPOND AGAIN. I AM
SINCERELY,
MARIO� N DEAN GROWN.
CC: HAROLD JONES, DUPLIN COUNTY SOIL AND WATER CONSERVATION
DON BUTLER, CARROLL'S FOODS, INC
NCDENR FILE MDBJ

State of North Carolina
Department of Environment
and Natural Resources .
James B. Hunt, Jr., Govei
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Marion Dean Brown Jr
Marion Dean Brown Jr Farm
468 George Dunn Sholer Dr.
Willace NC 28466
Dear Marion Dean Brown Jr:
AUG 0 7 2000
August 1,2000
WA
1, •
A&:
to
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Marion Dean Brown Jr Farm
Facility Number 31-241
Duplin County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Stoney Mathis on 7/27/99 was made to review the actual number of acres at your
facility that receive animal waste during land application. The evaluation of your facility has yielded one of
the following two results as indicated by the box marked with an "X". —
Category 1:
�( The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Stoney Mathis the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Stoney Mathis, at 127 Cardinal Drive
Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you
have any questions please contact Stoney Mathis at [phone]. If within 90 days you
are unable to provide Stoney Mathis with the information you are automatically
required to complete a Wettable Acre Determination as described by Category 2
below, within 180 days of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
❑ Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification. --
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File

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
November 25, 1998
Certified Mail # Z 153 115 133
Return Receipt Requested
Mr. Marion Dean Brown, Jr.
Marion Dean Brown, Jr. Farm
468 George Dunn Sholar Road
Wallace, NC 28466
NCDENR
NORTH CAROuJ DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF DEFICIENCY
Marion Dean Brown, Jr. Farm
Facility Number: 31-241
Duplin County
Dear Mr. Brown:
On November 12, 1998, Mr. Brian Wrenn 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 the wrong crop is being grown in spray field #2, T-72047.
The Certified Animal Waste Management Plan (CAWMP) should be revised to include the
crops presently in the spray field, or the appropriate crop should be planted in the spray field to
reflect the current CAWMP. In addition, the inlet pipes in the lagoon should be extended and the
eroded areas backfilled with clay and reseeded with an appropriate vegetative cover. 'The bermuda
crop in fields #1 and #2, T-72047 should be cut for hay and removed from the field. A small
grain overseed should be planted in these fields by December 1, 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.
To remain a deemed permitted facility, you must notify this office in writing within
fourteen (14) 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.
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

o Z+ 153 115 133"
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided:_
Postage Is
Fee I / .
Spatial Dermry Fee
Restricted Delivery Fee
Retum!'? ti 9aa _ L
O i DTAL Pestagab Rae O
Go
" Pew" �iRmNalon. NC 284IJ1
G
o

Mr. Marion Dean Brown, Jr.
November 25, 1998
Page 2.
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 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,
Dean Hunkele or Brian Wrenn at 910-395-3900.
Sincerely,
Brian L. Wrenn
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Don Butler, Carroll's Foods, Inc.
Operations Branch
Wilmington Files
S:1 WQSIBRIANWIDEF981DUPUM31-24LDEF

RECEIVED OCT 2 8 RECEIVED 3 ��'o/
State of North Carolina WATFortln1 ^ ��^TiON
Department of Environment, Health and Natural Rcg6ittregslQ°T
Division of Water Quality
Non -Discharge Permit Application Form / SurA �'s�af0° PermltUnti
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
The following questions have been completed utilizing information on file with the
Division. Please review the information for completeness and make any corrections
which are appropriate. If a question has not been completed by the Division, please
complete as best as possible. Do not leave any question unanswered.
Application Date: /0-6 -99
REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Applicants Initials
1. One completed and signed original and one copy of the application for General Permit - Animal T
Waste Operations; /h IJA
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed; M P6
3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
for animal waste operations. mbS
II. GENERAL INFORMATION:
1. Farm's name: Marion Dean Brown Jr Farm
2. Print Land Owner's name: Marion Dean Brown Jr
3. Land Owner's Mailing address: 4495 S NC Hwy 50
City: Chinquapin NC Zip:
Telephone Number:
4. County where farm is located: Duplin
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a county road map with the location of the farm identified): Leave Chinquapin on South 50 travel about 112 miles to
SR 1819, turn left and go about L5 miles and turn left on a dirt path, farm down path
6. Print Farm Managers name (if different from Land Owner):
7. Lessee's I Integrators name (if applicable; please circle which type is listed):
31'- 241
FORM: AWO-G-E 2/26/97 Page 1 of 3

III. OPERATION INFORMATION:
1. Farm No.: 31-241
2. Operation Description: Swine operation
Feeder to Finish
4320 - Certified Design Capacity
Is the above information correct? Q yes; 0 no. If no, correct below using the design capacity of the facility
TXW of Swine No. of Animals Tvoe of Poultry No. of Animals Type of Cattle No of Animals
0 Wean to Feeder 0 Layer 0 Dairy
0 Feeder to Finish 0 Non -Layer 0 Beef
0 Farrow to Wean (# sow) 0 Turkey
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
Other Type of Livestock on the farm: -_No. of Animals:
3. Acreage cleared and available for application: 61.9 ; Required Acreage (as listed in the CAWMP):
4. Number of Lagoons: 2 Total Capacity: 902694 Cubic Feet (ft3)
Number of Storage Ponds: _ ; Total Capacity: Cubic Feet (ft3)
5. Is animal waste being applied on any field which has subsurface drains? Y S or NO (please circle one)
6. Are subsurface drains present in the vicinity of or under the lagoon? YES or (� (please circle one)
IV. P/ APPLICANT'S CERTIFICATION:
I, kl DPi bt-44 ,$iQyw/ ', �, (Land Owner's name listed in question 11.2), attest that
this application for M4LVAf Dehnl B -DxW. M. r-AeA (Farm name listed in question II.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me as incomplete. _ A
Signature
Date /o/T',
A//A' V . MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
(Manager's name listed in question II.6), attest that this
application for (Farm name listed in question II.I
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FORM: AWO-G-E 2/26/97 Page 2 of 3

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
DIVISION OF WATER QUALITY REGIONAL OFFICES (2/97)
Asheville Regional WQ Supervisor
59 Woodfin Place
Asheville, NC 28801 '
[phone]
Fax [phone]
Avery
Macon
Buncombe
Madison
Burke
McDowell
Caldwell
Mitchell
Cherokee
Polk
Clay ..
Rutherford
Graham
Swain
Haywood'
Transylvania
Henderson
Yancey
Jackson
Fayetteville Regional WQ Supervisor
Wachovia Building, Suite 714
Fayetteville, NC 28301
[phone]
Fax[phone]
Washington Regional WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
[phone]
Fax [phone]
Beaufort Jones
Bertie
Lenoir
Camden
Martin
Chowan
Pamlico
Craven
Pasquotank
Currituck
Perquimans
Dare
Pitt
Gates
Tyrell
Greene
Washington
Hertford
Wayne
Hyde
Mooresville Regional WQ Supervisor
919 North Main Street
Mooresville, NC 28115
[phone]
Fax [phone]
Raleigh Regional WQ Supervisor
3800 Barrett Dr.
Raleigh, NC 27609,
[phone]
Fax [phone]
Chatham
Nash
Durham
Northampton
Edgecombe
Orange
Franklin
Person
Granville
Vance
Halifax
Wake
Johnston
Warren
Lee
Wilson
Wilmington Regional WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
[phone]
Fax [phone]
Anson
Moore
Alexander
Lincoln
Brunswick New Hanover
Bladen
Richmond
Cabartus
Mecklenburg
Carteret Onslow
Cumberland
Robeson
Catawba
Rowan
Columbus Pender
Harnett
Sampson
Cleveland
Stanly
Duplin
Hoke
Scotland
Gaston
Union
Montgomery
Jredell
Winston-Salem Regional WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
Fax [phone]
Alamance
Rockingham
Alleghany
Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
FORM: AWO-G-E 2/97 Page 3 of 3

State of North Carolina IT
Department of Environment,
Health and Natural Resources I
Division of Water Quality 11
James B. Hunt, Jr., Governor �
Wayne McDevitt, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
October 13, 1997
Marion Dean Brown, Jr.
Marion Dean Brown Jr Farm
4495 S NC Hwy 50
Chinquapin NC 28521
Subject: Certificate of Coverage No. AWS310241
Marion Dean Brown Jr Farm
Swine Waste Collection, Treatment, Storage
and Application System
Duplin County
Dear Marion Dean Brown, Jr.:
In accordance with your application received on October 7, 1997, we are forwarding this
Certificate of Coverage. (COC) to Farm No. 31-241, authorizing the operation of an animal waste
collection, treatment, storage and land application system in accordance with the State's General Permit
(attached). This approval shall consist of the operation of this system including, but not limited to, the
management of animal waste from the Marion Dean Brown, Jr. Farm, located in Duplin County, with an
animal capacity of no greater than 4320 Feeder to Finish and the application to a minimum of 35.4 acres of
land as specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until December 31, 2001. 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.
In accordance with General Statue 143-215.10C, Animal Waste Management Plans shall include
the following components:
- A checklist of odor sources and best management practices to minimize these sources.
- A checklist of insect sources and best management practices to minimize these sources.
- Provisions set forth for acceptable methods of disposing of mortalities.
- Provisions regarding emergency action plans.
Your existing Certified Animal Waste Management Plan must include the above elements, by
December 31, 1998. Documentation of the certification must be available to inspectors onsite. Submittal
of the amended certification statement shall be required upon renewal of your permit coverage in 2001.
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.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality
Staff may be reached at [phone]. If you need additional information concerning this COC or the
General Permit, please contact J R Joshi at [phone] ext. 363.
-K-A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
Wilmington Regional Office, Water Quality Section
Duplin County Soil and Water Conservation District
Permit File

Producer:
Location:
Telephone:
Type Operation:
Number of Animals:
(Design Capacity)
STORAGE STRUCTURE:
APPLICATION METHOD:
ANIMAL WASTE UTILIZATION PLAN
MARION DEAN BROWN JR
468 GEORGE DUNN SHOLAR RD
CHINQUAPIN NC 28521
910-285-6673
OCT - 7 1997
Non -Discharge pannituno
Expanding Feeder to Finish Swine
4320.00 hogs
Anaerobic Waste Treatment Lagoon
Irrigation
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops
in the fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil
tests are strongly encouraged so that all plant nutrients can be
balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of -the crop to be
grown and the nutrient content of the waste. Do not apply
more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capacities.
3. Normally waste shall be applied to land eroding at less than
5 tons per acre per year. Waste may be applied to land
eroding at 5 or more tons per acre annually, but less than
10 tons per acre per year providing that adequate filter
strips are established.
4. Do not apply waste on saturated soils, when it is raining,
or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed
under DWQ regulations.
Page: 1

ANIMAL WASTE UTILIZATION PLAN
5. Wind conditions should also be considered to avoid drift and
downwind odor problems.
6. To maximize the value of the nutrients for crop production
and to reduce the potential for.pollution, the waste should
be applied to a growing crop or applied not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting the waste or disking will conserve nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
4320 hogs x 1.9 tons waste/hogs/year = 8208 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
4320 hogs x 2.3 lbs PAN/hogs/year = 9936 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan
time and have appropriate equipment to apply the waste in a timely
manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
72046
1
RAA
FH
4.5
225
6.9
1552.5
I
SEP-APR
71808
1 RAA
EH
I
4.5
I
225 1
8.5
1912.5
APR-SEP
71808
-1
SG
I
1
50 1
8.5
425
SEP-NOV
71808
2 NOA
BH
I
6.1
I
305 0
20.0
6100
APR-SEP
71808
-2
1
SG
I
1
50
20.0
1000
SEP-NOV
hM4ND,
TOTAL110990
Indicates that this field is being overseeded (i.e.
interplanted) or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations
may require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This
plan only addresses nitrogen.
Page: 3

ANIMAL WASTE UTILIZATION PLAN
TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE,
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
END
Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
In interplanted fields (i.e. small grain, etc, interseeded
in bermudagrass), forage must be removed through grazing,
hay and/or silage. Where grazing, plants should be grazed
when they reach a height of six to nine inches. Cattle
should be removed when plants are grazed to a height of four
inches. In fields where small grain, etc, is to be removed
for hay or silage, care should be exercised not to let small
grain to reach maturity, especially late in the season (i.e.
April or May). Shading may result if small grain gets too
high and this will definitely interfere with stand of
bermudagrass. This loss of stand will result in reduced
yields and less nitrogen being utilized. Rather than
cutting small grain for hay or silage just before heading as
is the normal situation, you are encouraged to cut the small
grain earlier. You may want to consider harvesting hay or
silage two to three times during the season, depending on
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late
September or early October. Drilling is recommended over
broadcasting. Bermudagrass should be grazed or mowed to a
height of about two inches before drilling for best results.
Page:. 4

ANIMAL WASTE UTILIZATION PLAN
** Acreage figures may exceed total acreage in .fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
FH
TALL FESCUE -HAY
TONS
50
SG
SMALL GRAIN OVERSEEDED
AC
50
TABLE 1
TABLE 2
M11i➢V-11
TOTALS FROM TABLES 1 AND 2
WETTABLE
LBS AW N USED
_ACRES
35.4
10990
0
0
35.4
10990
*** BALANCE I -lUb4
-------------------
*** This number must be less than or equal to O'in order to
fully utilize the animal waste N produced.
Page: 5

ANIMAL WASTE UTILIZATION PLAN
*** This number must be less than or equal to 0--in order to fully
utilize.the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 1598.4 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 7992
pounds of PAN to utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 26.64 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 63.936 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 6

ANIMAL WASTE UTILIZATION PLAN
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application
rates and amounts.
Tract
Field
71808
1
71808
12
71808 I
-1
71808 I
-2
72046
1
I.
Soil Type
NOA
jApplication RatelApplic. Amount
Crop (in/hr) (inches)
BH
I .40
I *1.0
BH
I .50
I *1.0
SG
.5
I *1
SG
.5
I *1
FH
.40
I *1.0
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days of temporary storage and
the temporary storage must be removed on the average of once every
6.00 months In no instance should the volume of the waste be stored
in your structure be within the 25 year 24 hour storm storage or one
foot of freeboard except in the event of the 25 year 24 hour storm,.
Page: 7

ANIMAL WASTE UTILIZATION PLAN
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
THIS WASTE PLAN HAS BEEN UPDATED TO SHOW A SMALLGRAIN COVER CROP FOR WINTER
PUMPING.
Page: 8

WASTE UTILIZATION PLAN
1. Animal waste shall not reach surface waters of the state by
runoff, drift, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited.
2. There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the producer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in the operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be_applied to meet, but not exceed, the
nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict
the rate of application for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons
per acre per year. Waste may be applied to land that is eroding
at 5 or more tons, but less than 10 tons per acre per year
providing grass filter strips are installed where runoff leaves
the field. (See FOTG Standard 393 -Filter Strip)
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when there is
danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally tilled
cropland. When applied to conservation tilled crops or
grassland, the waste may be broadcast provided the application
does not occur during a season prone to flooding. (See "Weather
and Climate in North Carolina" for guidance.)
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or to
surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order
to control odor or flies.
8. Animal waste shall 'not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in such
a manner that the crop is not covered with waste to a depth that
would inhibit growth. The potential for salt damage from animal
waste should also be considered.
Page: 9

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
10. Waste nutrients shall not be applied in fall or'winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more.
than 30 days prior to planting of the crop or forages breaking
dormancy.
11. Any new swine facility sited on or after October 1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennial waters.
(See Standard 393 - Filter Strips).
12. Animal waste shall not be applied closer than 100 feet to
wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over -spraying.
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application site by a
"technical specialist". Animal waste shall not be applied on
grassed waterways that discharges directly into water courses,
and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from
the site.
16. Domestic and industrial waste
showers, toilets, sinks, etc.,
animal waste management system.
from washdown facilities,
shall not be discharged into the
17. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible.
Berms and structures should be inspected regularly for evidence
of erosion, leakage or discharge.
Page: 10

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality KP 15 1997
James B. Hunt, Jr., Governor ��'-------
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL September 11, 1997
RETURN RECEIPT REQUESTED
Marion Dean Brown Jr
Marion Dean Brown Jr Farm
4495 S NC Hwy 50
Chinquapin NC 28521
Farm Number: 31-241
Dear Marion Dean Brown Jr:
•
T00
2mm±N
ED E H Ili F1
You are hereby notified that Marion Dean Brown Jr Farm, in accordance with G.S. 143-215.10C,
must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter,
your farm has thirty (30) days to submit the attached application and all supporting documentation. In
accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section
19(c)(2), any owner or operator who fails to submit an application by the date specified
by the Department SHALL NOT OPERATE the animal waste system after the specified
date. Your application must be returned within thirty (30) days of receipt of this letter. Failure to submit
the application as required may also subject your facility to a civil penalty and other enforcement actions
for each day the facility is operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package. The
signed original application, one copy of the signed application, two copies of a general location map, and
two copies of the Certified Animal Waste Management Plan must be returned to complete the application
package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Permits and Engineering Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any question concerning this letter, please call J R Joshi at [phone] extension
363 or Dave Holsinger with the Wilmington Regional Office at [phone].
1.el
�, ,. A. Preston Howard, Jr., P.E.
cc: Permit File (w/o encl.)
Wilmington Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Marion Dean Brown Jr
Marion Dean Brown Jr Farm
4495 S NC Hwy 50
Chinquapin NC 28521
SUBJECT: Operator In Charge Designation
Facility: Marion Dean Brown Jr Farm
Facility ID#: 31-241
Duplin County
Dear Mr. Brown Jr:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty:
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
A. Preston Howard, Jr., ., ' ector
Division of Water Quality
Enclosure
cc: Wilmington Regional Office
Water Quality Files
P.O. Box 27687, ��y4
Raleigh, North Carolina 27611-7687 Nf�Cf An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4 100 2 50% recycled/10% post-consumerpoper

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
18. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be applied preplant with no further applications of
animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be managed to
maintain the liquid level between the markers. A marker will
be required to mark the maximum storage volume for waste
storage ponds.
22. Waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at crop sites where waste
products are applied. Nitrogen shall be the rate - determining
element. Zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when these
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be
maintained for five (5) years.
23. Dead animals will be disposed of in a manner that meets North
Carolina regulations.
Page: 11

ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm:DEAN BROWN
Owner/Manager Agreement
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality (NCDWQ) before the new
animals are stocked. I (we) also understand that there must be no
discharge of animal waste from this system to surface waters of the
state from a storm event less severe than the 25-year, 24-hour
storm. The approved plan will be filed on -site at the farm office
and at the office of the local Soil and Water Conservation District
and will be available for review by NCDWQ upon request.
Name of Facility Owner: MARION DEAN BROWN JR
(Please print)
Signature: A, // " Date:
Name of Manager(If different from owner):
Signature: Date:
Name of Person Preparing Plan: (Please print)BILLY W. HOUSTON
Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT
Phone No. 910-296-2120
Address (Agency): PO BOX 277
RENANSVILLE NC 28349
Signature: �/i/ , Date:
Page: 12

Animal Waste Management flan Certification _��r; fi�;;�/��,,,,R�o,�
(Please type or print all information that does not require a signature)
fixlsting or New or• Ex anded (Please circle one) .,.n�tiWPfuYSEG�ION
General Information: OCT l"'
Name of Farm: Facilit}6A9ibmtIII_Iyt{/
Owner(s) Name: Mar;arm aroj^.. Sr. Phone No: dPS- c1637
Mailing Address: V y9 S NG fdwv W Se A6._, C/.a. udn;.. N.C. 'AWS021
Fann Location: Fourteen Digit Hydrologic
Latitude and Longitude: 3yo qV d-" l 7' y7• 1 q ' County: Q,,..p(;h
Please attach a copy of a county road map with location identified and describe below (Be specific:
road names, directions, milepost, etc.): Fran. GklmttAa6l:n . r4.IC¢. 14 s± YX SO So LA k &k nd
Tra.u,I o ba.t % in Ies +o S. R. 1 P I q rti. _ 1 q: 1. 5 n.i I et
�n� -kurn. [etst mw a d:r'f p... K, Opern%ien :.s tk.s A•�t�.
Operation Description:
Type of Swine No of Animals Type of Poultry No of Aninals Type of Cattle No of Animals
17 Wean to Feeder O Layer _ ❑ Dairy
Feeder to Finish 4_4 XX0__ 13 Pullets ❑ Beef
Farrow to Wean
17 Farrow to Feeder
❑ Farrow to Finish Other Type of Livestock: Number of Animals:
Acreage Available for Application: 6►, 9 Required Acreage: 1.110
Number of Lagoons/Storage Ponds. �` To al Capacity: QOa,4 r(q Cubic Feet (0)
Are subsurface drains present on the farm: or NO (please circle one) L4#kcr}}6;r%
Owner/Manager Agreement
I(we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance
procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we)
know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a
new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) understand that there
must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made
conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be runoff from the application of animal
waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by
the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and Water
Conservation District. 1 (we) know that modification must be approved by a technical specialist and submitted to the Soil and Water Conservation
District prior to implementation. A change in land ownership requires written notification to DEM or a new certification (if the approved plan is
changed) within 60 days of a title transfer.
Name of Land Owner: Marion ne&A &own Tr.
Signature: ,I- f" Q� -d_ Date: —1 q - y6
Name of Manager (if different from owner):
Signature:
AWC -- April 24, 1996
Date:

Technical Specialist Certification
L As a technical specialist designated by the North Carolina Soil and Water Conservation Commission
pursuant to 15A NCAC 6F .0005, I certify that the animal waste management system for the farm
named above has an animal waste management plan that meets or exceeds standards and specifications
of the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the
USDA -Natural Resources Conservation Service (NRCS) and/or the North Carolina Soil and Water
Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The
following elements are included in the plan as applicable. While each category designates a technical
specialist who may sign each certification (SD, SI, WUP, RC, I), the technical specialist should only
certify parts for which they are technically competent.
IL Certification of Design
A) Collection, Storaeg, Treatment System
Check the appropriate box
❑ Existing facility without retrofit (SD or WUP)
Storage volume is adequate for operation capacity; storage capability consistent with
waste utilization requirements.
B� New, expanded or retrofitted facility (SD) '
Animal waste storage and treatment structures, such as but not limited to collection systems,
lagoons and ponds, have been designed to meet or exceed the minimum standards and
specifications.
Name of Technical Specialist (Please Print):
Affiliation: MICHAEL E. SUGG
USDA, NAT. RES. CONS. SERV.
Address(Agency): PO BOX 277 KENANSVILLE NC
-0� r r' TELEPHONE [phone]
B) Land Anplication Site (WUP)
The plan provides for minimum separations (buffers); adequate amount of land for waste
utilization; chosen crop is suitable for waste management:Jwdraulic and nntrir.nt lnnrtinvrntPs_
Name of Technical Specialist (Please Print): BILLY W HOUSTON
Affiliation: DUPLIN S & N CONSER DISTRICT
Artrirecc(Aaenrvl• PO BOX 277
KENANSVILLE NC 28349
Signa
C) Runoff Controls from Exterior Lots
Check the appropriate box
91 Facility without exterior lots (SD or WUP or RC)
This facility does not contain any exterior lots.
❑ Facility with exterior lots (RC)
Methods to minimize the run off of pollutants from lounging and heavy use areas have been
designed in accordance with technical standards developed by NRCS.
Name of Technical Specialist (Please Print):
BILLY b! HOUSTON
DUPLIN S & 4! CONSER DISTRICT
PO BOX 277
KENANSVILLE NC 28349
AWC -- April 24,1996

D) Annlication and Handling Eauinment
Check the appropriate box
O Existing facility with existing waste application equipment (WUP or I)
Animal waste application equipment specified in the plan has been either field calibrated or
evaluated in accordance with existing design charts and tables and is able to apply waste as
necessary to accommodate the waste management plan: (existing application equipment can
cover the area required by the plan at rates not to exceed either the specified hydraulic or
nutrient loading rates, a schedule for timing of applications has been established; required
buffers can be maintained and calibration and adjustment guidance are contained as pan of die
plan).
Q'� New or expanded facility: or existing facility without existing waste apulication equipment (I)
Animal waste application equipment specified in the plan has been designed to apply waste as
necessary to accommodate the waste management plan; (proposed application equipment can
cover the area required by the plan at rates not to exceed either the specified hydraulic or
nutrient loading rates; a schedule for timing of applications has been established; required
buffers can be maintained; calibration and adjustment guidance are contained as part of the
plan).
Name of Technical Specialist (Please Print): BILLY W HOUSTON
Affiliation: DUPLIN S & W CONSER DISTRICT —
PO BOX 277
Address(Ag^p ency): KENANSVILLE NC 28349 —
Si2nature: In/W 16,;C 7-19 - 9 1 910-296-2120 —
III. Certification of Installation
A) Collection, Storage, Treatment Installation
New, expanded or retrofitted facility (SI)
Animal waste storage and treatment structures, such as but not limited to lagoons and ponds,
have been installed in accordance with the approved plan to meet or exceed the minimum
standards and specifications.
For existing facilities without retrofits, no certification is necessary.
Name of Technical Specialist (Please Print):
MICHAEL E. SUGG
USDA, NAT. RES. CONS. SERV.
PO BOX 277 KENANSVILLE NC
TELEPHONE [phone]
AWC -- April 24,1996

B) Land Aonlication Site (WUP)
Check the appropriate box
❑ The cropping system is in place on all land as specified in the animal waste management plan.
Conditional Approval: all required land as specified in the plan is cleared for planting; the
cropping system as specified in the waste utilization plan has not been established and the
owner has committed to establish the vegetation as specified in the plan by 31J01 y I
(month/day/year); the proposed cover crop is appropriate for compliance with the waste
utilization plan.
❑ Also check this box if appropriate
if the cropping system as specified in the plan can not be established on newly cleared
land within- 30 days of this certification, the owner has committed to establish an interim
crop for erosion control;
Name of Technical Specialist (Please Print): ILLY 14 HOUSTON —
Affiliation: DUPLIN S & 14 CONSER DISTRICT
AAA ---- /A --- -.A. PO BOX 277
Sign
KENANSVILLE NC 28349
- Iq - 9 L 910-296-2120
This following signature block is only to be used when the box for conditional approval in III. B
above has been checked.
I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste
utilizatiop plan, and if appropriate to establish the interim crop for erosion control, and will submit to
DEM a verification of completion from a Technical Specialist within 15 calendar days following the date
specified in the conditional certification. I (we) realize that failure to submit this verification is a
violation of the waste management plan and will subject me (us) to an enforcement action from DEM.
Name of Land Owner: fflgrioA D"Y% 13ro-n I%
Date: 7-19 -9l
Name of Manager(if different from owner):
Signature: Date:
C) Runoff Controls from Exterior Lot (RC)
Facility with exterior lots
Methods to minimize the run off of pollutants
installed as specified in the plan.
from lounging and heavy use areas have been
For facilities without exterior lots, no certification is necessary.
Name of Technical Specialist (Please Print):
Affiliation:
Address(Agency): Phone No.:
Date:
AWC -- April 24,1996

D) Annliulion and Handlin- Eouinment installation (WUP or I)
Check :the 'appropriate block ,..
9' Animal waste application and handling equipment specified in the plan is on site and ready
for use; calibration and adjustment materials have been provided to the owners and are
contained as part of the plan.
0 Animal waste application and handling equipment specified in the plan has not been
installed but the owner has proposed leasing or third party application and has provided a
signed contract; equipment specified in the contract agrees with the requirements of the
plan; required buffers can be maintained; calibration and adjustment guidance have been
provided to the owners and are contained as part of the plan.
O Conditional approval: Animal waste application and handling equipment specified in the
plan has been purchased and will be on site and installed by
(month/day/year); there is adequate storage to hold the waste until the equipment is installed
and until the waste can be land applied in accordance with the cropping system contained
in the plan; and calibration and adjustment guidance have been provided to the owners and
are contained as part of the plan.
Name of Technical Specialist (Please Print):
Affiliation:
BILLY 14 HOUSTON —
DUPLIN S & 14 CONSER DISTRICT —
PO BOX 277
KENANSVILLE NC 28349 —
The following signature block is only to be used when the box for conditional approval in III D
above has been checked.
I (we) certify that I (we) have committed to purchase the animal waste application and handling
equipment as specified in my (our) waste management plan and will submit to DEM a verification of
delivery and installation from a Technical Specialist within 15 calendar days following the date specified
in the conditional certification. I (we) realize that failure to submit this verification is a violation of the
waste management plan and will subject me (us) to an enforcement action from DEM.
Name of Land Owner
Signature:
Name of Manager(if different from
Signature:
f1
tl
Please return the completed form to the Division of Environmental Management at the
following address:
Department of Environment, Health, and Natural Resources
Division Of Environmental Management
Water Quality Section, Compliance Group
P.O. Box 29535
Raleigh, NC 27626-0535
Please also remember to submit a copy of this form along with the complete Animal Waste
Management Plan to the local Soil and Water Conservation District Office and to keep a copy in
your files with your Animal Waste Management Plan.
AWC -- April 24, 1996

REGISTRATION FORM FOR ANIMAL FEEDLOT OPERAT O`ANS 'A
Department of Environment, Health and Natural nkssourcek/8a
Division of Environmental Management 3
Water Quality Section. `:4U
If the animal waste management system for your feedlot ration,\A�
designed to serve more than or equal to 100 head of c
horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by
a liquid waste system, then this form must be filled out and mailed
by December 31, 1993 pursuant to 15A..NCAC 2H.0217(c) in order.. to be
deemed permitted by.DEM. Please print clearly.
Farm Name: m r . Z)eG rn r` J
Mailing Address
County
Owner(s) Name:
Manager(s) Name:
Lessee Name:
Farm Location (Be as specific as possible: road names, direction,
milepost, etc.):`T 1�^�P C(�ir.a✓-^-'
Latitude/Longitude if known:
Design capacity of animal waste management system (Number and type
of confined animal(s)).: 0In
J
Average anima]. population on the farm (Number and type of animal(s)
raised) : 1 880 Fro ko 4
Year Production Began. _1991 ASCS.Tract No.:
Type of Waste Management System Used: rrm4 e�--4/6yr
Acres. -Available for.Land Application of.Waste:� S
Owner (s) Signature (s) �%�%% u!�^ ���— /5-� DATE lI— �b�
DATE:
31= ayl
la

State of North Carolina
Department of Environment,
Health and Natural Resources
1 77Av
Division of Environmental Management
James B. Hunt, Jr., Governor'
Jonathan B. Howes, Secretary ID
A. Preston Howard, Jr., P.E., Director
February 17, 1994
Marion Brown
4495 South NC 50
Chinquapin NC 28521
Dear Mr. Brown:
This is to inform you that your completed registration form required by the recently
modified nondischarge rule has been received by the Division of Environmental Management
(DEM), Water Quality Section. -
On December 10, 1992 the Environmental Management Commission adopted a water
quality rule which governs animal waste management systems. The goal of the rule is for
animal operations to be managed such that animal waste is not discharged to surface waters
of the state. The rule allows animal waste systems to be "deemed permitted" if certain
minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have
met one of the criteria for being deemed permitted.
We would like to remind you that existing feedlots which meet the size thresholds
listed in the rule, and any new or expanded feedlots constructed between February 1, 1993
and December 31, 1993 must submit a signed certification form (copy enclosed) to DEM by
December 31, 1997. New or expanded feedlots constructed after December 31, 1993 must
obtain signed certification before animals are stocked on the farm. Certification of an
approved animal waste management plan can be obtained after the Soil and Water
Conservation Commission adopts rules later this year.
We appreciate you providing us with this information. If you have any question about
the new nondischarge rule, please contact David Harding at [phone].
Sincerely,
Steve Tedder, Chief
enc: Water Quality Section
P.O. Box 29535, Raleigh, North Carorna 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity AtfrmatNe Action Employer 50%recycled/ 10%post-consumer paper

Site Requires Immediate Attention
Facility Number:
• SITE VISITATION RECORD
DATE: i —,zep- 11995
Owner: Mario I)Qa,i Ti- Farm Name: 09" /fro
County: n" ph ,
Agent Visiting Site: Phone: Q10 -a U -2i-2n
Operator: Phone:
On Site Representative: Phone:
Physical Address: D,n ,SR I fic) W�ox 46 m ; [e FF
rear C,-� 34 fTY10
Mailing Address: 46R G e o.ci rl,,,,, f h. l Rd
woIlaCe , N( -lRg66
Type of Operation: Swine y_ Poultry _ Cattle
Design Capacity: �.FR(11 Number of Animals on Site: -IPdPo
Latitude: " Longitude: ' "
Type of Inspection: Ground X Aerial
• Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or No Actual Freeboard: I Feet 2 Inches
For facilities with more than one lagoon, please address the other lagoons' freeboard under the
comments section.
Was any seepage observed from the lagoon(s)? Yes or No Was there erosion of the dam?: Yes or No
Is adequate land available for land application? Yes or No Is the cover crop adequate? Yes or No
Additional Comments:
Fax to [phone] Signature of Agent

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ATTACHMENT
On Nov. 4, 2003 at 6:00 p in a riser cap malfimctioned causing some ponding to occur. The system was
immediately fixed and the ponding was monitored throughout the evening with no sign of rum offi On
Nov. 5, 2003 I was in a Continuing Education Class for Waste Operator Certification hours when I
received a call that DWQ was on my farm. It seems that some of the ponded water filtered through rodent
holes that night and reached a ditch.
We have been working with Chester Cobb from the Wilmington's DWQ office about the problem. I have
enclosed a response letter to Mr. Rick Shiver (DWQ) and a copy of the P.OA. If there are any other
questions, please call me at 910 285-4637.
Marion Dean Brown, Jr.
REC-eI1 ED
FEB 1 9 2004
�� Tt �' 7ySFC7C6
scharge Complar� Ent.

Pv"V.._.2Q0 :OaPm CARROLL'_ `JOLc
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number. 31.241 County: Dupfin
Facility Name: Dean Brown Farm
Certified operator Name Dean Brown Operator Number. 17177
1. currant liquid level(s) in mches as measuteo hornthe current yvWid )"el Vn 1he lagoon to the
lowest polnt on the top of the dam for tagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/ID: 1 2
Spillway(Y or N): - N N
Level(inches): 14 17
2 Check all applicable items
F.=
Liquid level is within the designed stru¢turat freeboara elevations of one or more structures.
Five and 30 day Plans of Action are attachea. Hydraulic and agronomic balances are
within amaptable ranges.
X Liquid level is within the 25 year 2k nourstorm arevaliors for one nr more structures. A
30 day Ptan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations- Volume an nd content of waste
to be pumped and hauled is reflected in section Ili tables. IncludeQ witnin this p!an is a !is1
of the proposed sites with related `acility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ pnorto transfer of waste to a site
not covered ir the facitdys CAWMP.
Operation wru be partrarly or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro depopulation
'if amtnals are to be moved :o another permhtett fadVity, provide facility number. lagoon,
!reeoearcl levels and herd population far the receiving facility
3. Earliest possible date to begin land application of waste. 1111112003
i hereby certify that I have reviewed the information fisted above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
Phone
Facility OwneriVanager (print)
-
� Date
Facility Owner✓manager (signayr
V
FEB 9 200q
`"/Arcs r
rschar�a Cn�l�,�'N

P.
II_ TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.f24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1, Structure 10: 1
tine nt = 400.7 tb PAN
2. Structure ID: 2
line m = 138.7 ib PAN
3. Structure ID:
line in - Ib PAN
4, Structure ID.
line m = Ib PAN
5. Structure ID:
line m = -to PAN
6, Structure ID:
line m = Ib PAN
n. lines 1 + 2 + 3 + 4 + 5 + 6 - 539.4 lb PAN
III_ TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST
FIELDS TO WHICH PAN CANNOT BE
APPLIED DURING THIS 30 DAY PERIOD.
C. tract •
I
P. field 0
Iq. crop r. ecr85
`
�
L --lninG �RR- L TOTAL PAN y, apppgpnn wlrcuw��'
2PAN 1nMm wn •1dLE FDR
dn3c.e; Frtzo (iha.t i
wwmn r a a I
72C47
t
Small Grain
4.60
50.00
230.0
72047
2
Small Grain
5ml
42.801
252.5
72047
3
Small Grain
3.70
50.001
165.0;
I 72047
4
Small Grain.
5.20
f 50,001
280 0
72Lt47
5
Wheat
5 30
120.00.
650.0
72046
6
Wheat
3.40
110.001 374.0
72648
7
Whsai
3.501
110.00 385.0
6831
8
Wheat 2001,
120-001 24001
6531
9
Wheat 3 CQJ
120.00' 38C.0
6891
10
Wheat 3.80
120A0' 420.0
I
I
r
r
I
I
'State current clap entling apptrcabon crate or nexi crop application beginning date for available
receiving crops dunng 30 day draw dawn period.
v. Total PAN available for all fields (sum of column t) = 3366.5 lb. PAN
IV_ FACILITY'S PcA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section I) = 539.4 to. PAN
PoA (30 Day) 2121100

:09PNi CARRULL'- FOODS :a). T� F.4
x. Crop's remaining PAN balance (line v from section III) = 3358.5 lb, PAN
y. Overall PAN balartee (w - x) _ -2827 lb. PAN
Linc y must show as a detwA. it tine y does not snow as a deltcli, list course of action here Inc4uding pump and
(haul. depopulation, herb reduction, etc. For pump S haul and herd rsdursion options, recaloulete new PAN
,based on new infomtation. If new fields are to be included as an option for lowering lagoon level, add these
(fields to the PAN balance table and recalculate the overall PAN balance. If animal waste Is to be hauled to
another permitted facility, provide information regarding the hard population and lagoon freeboard levels at the
irecefvino facility.
onto existing spray fields will continue as weather and field conditions pefmlt. Additional land is
for onmpi%H needed.
PoA (30 Pay) 2'21i00
M

c•a3Pti :APP.CLL—F30Tr `ir. 522 P.5
PLAN OF ACTION (POA) FOR HIGH FREEBOARO AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
1, TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
T. Structure Namelldentifler (ID)'. ?
2. Current liquid volume in 25 yr.124 ltr. storm storage & structural freeboard
a, current liquid level according to marker
- 14.01mches
b. designed 25 yr./24 hr. stone & structural freeboard
79.D inches
c. line b - line a (inches in red zone) =
5.0 mcnrs
d. top of dike surface area according to design
(area at below structural freeboard elevattonl
743p4 ft
8, line dill x fine d x 7.43 gallonsM`
231591 ga)fans
3. Projected volt me cf waste liquid produced during draw down period
f. temporary storage peiod according to structural design
Tao days
g. volume of waste produced according to structural design
F 94947 fe
h. current herd + 4320 certified herd to a320
actual waste produced = current hard x line g =
94947 ft'
certified herd 4
. volume of wash water accorotng to structural design
�ft'
j. excess rainfall over evaporation according to design
---4 72570ft'
k. (Anes h - i * j) x -1.46 x 30 oays4ire f=
' 77272 gatrons
4. Total PAN to be land applied during draw down period -
I. current waste analysis dated TOi01/2003
0,98"ics"Wo pet.
m. ((lines e r k)/1000) x line I -
4DO-7 lbs. PAN
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown Mew)
PoA (30 Day) 21211a0
M

IIG•;.11.,=�JE3 ==]�Po Cr�r.?7t_L'= F�i;�ro :. =;-c ".�
PLAN OF ACTION (PoA) FOR MiGH FREESOARO AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
1. TOTAL PAW TO $E LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): 12
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 17.0 inches
b. assigned 25 Yr./24 hr. storm & structural IMaboard 19.0 inches
c, tine b- line a (inches in red zone) = 2.0 inches
a. top of dike surface area acoording to design
(area at below structural freeboar t elevation) 40t158.R2
e. line G12 x line d x 7.48 gallons/lt' 50684 gallons
3. Projected volume of waste liquid produced during draw down period
I. temporary storage period according to structural design —18(il days
g. volume of waste produced according to structural design 47473 t3
h. current herd # 4320 certified herd r'F 4320
actual waste produced = current herd # x line g
cenifed herb R
i. volume of wash water according to structural design
r. excess rainfsli over evaporation according to design
k. (lines h + i + j) x 7.48 x 3D daysAine f=
4. Total PAN to be land applied during draw dawn period-
1, current waste analysis dated 10lOil2003
m. ((lines s + k)i1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the nett Structure tab shown below)
PoA (30 pay) 2121l00
47473 W
0 ft'
25395ift'
90843 gallons
0.90 lbad1000 gal.
13a.7 :Ds. PAN

Dean Brown Farm
Marion Dean Brown, Jr.
468 George Dunn Sholar Road
Wallace. North Carolina 28466
December 17, 2003
Mr. Rick Shiver
NCDENR-DWQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, N. C_ 29405
Subject: Notice of Violation and
Recommendation for Enforcement
Dean Brown Farm
Facility Number: 3I 1-41
Chinquapin, N C
Duplin County
Dear Mr. Shiver
In reference to violations listed on your letter dated December 4. 2003, my explanation and description of
the actions taken to be in compliance and to prevent their recurrence are as follows:
1_ Ponded Waste and Runoff
On November 4, 2003 I was in the process of bringing up the spray system. I left the pump to go
across the field to activate the center pivot, that is when I observed the riser spraying_ from a leak.
I immediately returned and cut the system off. I observed some ponding but no run off. Since
then, i have put a new packing and bolt in that riser and replaced every riser on the farm as a
preventive measure.
2_ Discharging into Water of the State
Late November 4. 2003. 1 did do some pumping and did keep it checked but 1 did not observe any
run off. November 5, 2003,1 was in school in Lumberton for Continuing Education for
Waste Operator Certification all day and did not have an opportunity to check the situation until I
was notified by phone that your people were already on scene.
3. Failure to Notify
read that due to excessive rainfall back in the summer our state senator, Charlie Albertson, was
presenting a bill to give us 7 more inches of free board. I thought this passed and that I did not
have to notify until 12 inches.
4. Failure to Nodi'v
I discovered this leak when the system was being brought up but did not observe anv run off. i
did not state that it was this leak that caused the discharge. 1 stated . "That if there was a
discharge. it was this leak that caused it-" Since I observed no run oft, there was no reason to
notify.

Mr. Rick Shiver
Page 2 of 2
December 15, 2003
In reference to keeping in compliance, we have put a dirt buffer around the riser that, in case of problem,
would eliminate any run off, filled rodent holes that may allow waste to enter a ditch. Due to excessive.
rainfall this year we purchased a center pivot system to help distribute the excess water and maintain free
board level. Working in conjunction with Water and Soil Conservation, we have purchased a new
technology air -way system that will allow us to better maintain free board levels, help control ponding and
run off
I hope the above explanations and description of actions taken to stay in compliance are satisfactory. it is
my desire to maintain and operate an environmentally safe and friendly family farm. With this said and
the steps taken along with enormous additional expenses on a very limited income, I kindly request that
any fines or penalties be abated
Sincerely,
Marion Dean Brown, Jr.
Enclosures: Copy of December 4, 2003 DWQ Letter
Copy of Newspaper Notification

. OF W ATF
O� �P Michael F. Easley, Governor
G William G. Ross, Jr., Secretary
Cq7 North Carolina Department of Environment and Natural Resources
i Alan W. Klimek, P.E., Director
L3 C Division of Water Quality
�Coleen H. Sullins, Deputy Director
Division of Water Quality
MEMORANDUM
TO: Steve Lewis, Environmental Specialist III
Non -Discharge Compliance/Enforcement Unit
FROM: Gale Stenberg, Environmental Specialist II / _"
Wilmington Regional Office �U j
THROUGH: Rick Shiver, Water Quality Regional Supervisor L _
Wilmington Regional Office
SUBJECT: Transmittal of Enforcement Report
Marion Dean Brown Jr. Farm
Facility Number: 31-241
Duplin County
DATE: December 9, 2003
Attached please find the subject enforcement report that concludes that Mr. Marion Dean Brown,
Jr.:
• Violated Condition 11.4 of NPDES Pemvt NCA200000 by applying animal waste such that
ponding and runoff occurred;
• Violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters
of the State without a pen -nit;
• Violated Condition III. 11 e of NPDES Permit NCA200000 by failing to notify the State of the
failure to maintain the required storage level in the farms two lagoons;
• Violated Condition III 11 a of NPDES Permit NCA200000 by failing to notify the State of the
discharge that occurred as required.
On November 5, 2003, a complaint was received that hog waste was flowing in a ditch that crosses
under HWY 41 north of Chinquapin and then discharging into Muddy Creek. On this same date, at
10 a.m. a ground inspection was then performed by state inspectors from the Wilmington Regional
Office.
The waste in this ditch was followed back to the Marion Dean Brown Jr. Farm. In the inspection that
followed, it was found that ponded waste had run off of the field into the ditch bordering the field.
The waste then flowed down the ditch crossing HWY 41 and then discharged directly into Muddy
Creek. The discharge volume is estimated at 1,000 gallons. =*A
rvt uLM
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-6748

Memorandum to Steve Lewis
Marion Dean Brown Jr. Farm Enforcement Report
December 9, 2003
Page 2
When asked, the owner claimed that the ponded waste and runoff came from a hydrant that
developed a leak when the irrigation system was used on November 4, 2003. The owner failed to
notify the State as required about this discharge event.
When checked, both lagoons were also found to be in the red. The first lagoon level was at 14 inches
and the second lagoon level was at 17 inches. The owner had also failed to notify the State as
required about these freeboard violations.
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 $930.03 pursuant to North Carolina General
Statute 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8).
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:\WQS\ANIMALS\duplin\2003\31-241 Dean Brown Farm

STATE OF NORTH CAROLINA -. NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF
FILE NO. DV
MARION DEAN BROWN JR. FARM )
(FACILITY 31 - 241) )
FINDINGS AND DECISION
FOR VIOLATION OF NORTH CAROLINA )
AND ASSESSMENT OF
GENERAL STATUTE 143-215.1 FOR )
CIVIL PENALTIES
MAKING AN OUTLET INTO WATERS )
OF THE STATE
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, Jeffery O. Poupart, Supervisor of the
Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the
following:
FINDINGS OF FACT:
A. Mr. Marion Dean Brown, Jr., owns and operates the Marion Dean Brown Jr. Farm, a swine
animal operation located East of Chinquapin, on the North side of SR 1819 and 0.2 miles
East of SR 1820 in Duplin County.
B. Mr. Marion Dean Brown, Jr., was issued Certificate of Coverake NCA231241 under Swine
Waste Management System General NPDES Permit NCA200000 issued pursuant to North
Carolina General Statute 143-215.1 on April 9, 2003 for the operation of an animal waste
collection, treatment, storage and application system.
C. North Carolina General Statute 143-215.1 states that no person shall make an outlet into the
waters of the State without having obtained and abided by the appropriate permit.
D. Condition I. 1 ofNPDES Permit NCA 200000 states in part, "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."
E. On November 5, 2003, waste was observed discharging from the main spray field of the
Marion Dean Brown Jr. Farm into a field edge ditch which empties into Muddy Creek.
When asked, the owner stated that the discharge was from a hydrant problem that occurred
when irrigating on November 4, 2003. The discharge volume is estimated at 1,000 gallons.
F. Condition IL 4 of the NPDES Permit NCA200000 states that, " Land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result in runoff during any given
application event."

G. Waste from this application event and a leaking riser ponded on site and ran off into a ditch
that borders the farm property. Sample results confirmed that it was ponded waste still
present the day after the application event: = - _ _ -
H. Condition III. 11. a of NPDES Permit NCA200000 requires the Regional Office to be
notified as soon as possible, not to exceed 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.
I. The Division was not notified as required regarding the discovery of the discharge.
J. Condition IIL IL a of NPDES Permit N CA200000 requires the Regional Office to be
notified as soon as possible, not to exceed 24 hours following first knowledge of the failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that required
in Condition V.3. of this Permit.
K. The Division was not notified as required regarding the failure to maintain adequate storage
capacity in the farms two lagoons.
L. Mr. Marion Dean Brown, Jr., had no valid permit for the above described activity
M. The cost to the State of the enforcement procedures in this matter totaled $930.03.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Mr. Marion Dean Brown, Jr., is a "person" within the meaningaf G.5.143-215.6A 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. Muddy Creek is waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to
G.S. 143-212(6).
D. Mr. Marion Dean Brown, Jr., violated Condition I.1 of NPDES Permit NCA200000 by
applying waste that resulted in a discharge into waters of the Muddy Creek.
E. The above -cited discharge constitutes making an outlet into waters ofthe State for purposes
of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1.
Mr. Marion Dean Brown, Jr., violated Condition 11.4 of the NPDES Permit NCA200000 by
applying waste at rates which resulted in ponding and runoff.
G. Mr. Marion Dean Brown, Jr_, violated Condition BI. 11. a of NPDES Permit NCA200000
by failing to notify the State of the discharge as required.

H. Mr. Marion Dean Brown, Jr., violated Condition III. 11. e of NPDES Permit NCA200000
by failing to notify the State of the failure to maintain adequate storage in the farms two
lagoons.. -.
I. Mr. Marion Dean Brown, Jr., maybe assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty ofnot more than twenty five thousand
dollars ($25,000.00) 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.
J. The State's enforcement costs in this matter may be assessed against Mr. Marion Dean
Brown, Jr., pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
K. Pursuant to N.C. Gen. Stat. 143-215.6A, the Secretary of the Department of Environment
and Natural Resources has the authority to issue civil penalties in this matter. The Secretary
has delegated this authority to the Director of DWQ Pursuant to N.C. Gen. Stat. 143B-10.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Accordingly, Mr. Marion Dean Brown, 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 one violation of Condition 11.4 of NPDES Permit
NCA200000 by applying animal waste such that ponding and
runoff occurred.
$
for _ of one violation of Condition III. 11. a of NPDES Permit
NCA200000 for failing to notify the State of the discharge.
$
for _ of one violation of Condition III. 11. a of NPDES Permit
NCA200000 for failing to notify the State ofthe failure to maintain
adequate storage capacity in the farms two lagoons.
$
for _ of one violation of Condition 11115 of NPDES Permit
NCA200000 by failing to submit to the State a copy of all public
notices and proof that the public notification requirements were
met.
$
TOTAL CIVIL PENALTY, which is _ percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ $ 930.03
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. 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) Th6 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) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

Marion Brown
Dean Brown Farm
468 George Dunn Sholer Dr.
Willace, NC 29466
SUBJECT: Assessment of Civil Penalties
for Violation of Permit Conditions
Permit # NCA200000
Duplin County
File No. DV-03-049
Dear Mr. Brown:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deparanent of Environment and Natural Resources
Alan W. Klimek P- E. Director
Division of Water Quality
Coleco H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Marion Dean Brown Jr. Farm in the
amount of $7,930.03, which includes $930.03 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water
Quality. Any continuing violation(s) may be the subject of a new enforcement action, including
an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
N. C. Division of Water Quality 1617 Mai] Service Center Raleigh. North Carolina 27699-1617 [phone]
,ac>.
t LOEI R
Customer Service
1-877-623-6748

2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be
submitted in writing. The Director of the Division of the Division of Water Quality will review
your evidence and inform you of his decision in the matter of your remission request. The
response will provide details regarding the case status, directions for payment, and provision for
further appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617

Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
OR
File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil
action. Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment.
If you have any questions, please contact Mr. Daryl Merritt at [phone], extension 58 L
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
attachments
cc: Wilmington Regional Office
Enforcement File
Central Files

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. DV-03-049
IN THE MATTER OF
)
MARION DEAN BROWN JR. FARM
)
FACILITY 31-241
)
FINDINGS AND DECISION
FOR VIOLATION OF GENERAL STATUTE) AND ASSESSMENT OF
143-215.1 FOR MAKING AN OUTLET
) CIVIL PENALTIES
INTO WATERS OF THE STATE
)
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 Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. Mr. Marion Dean Brown, Jr., owns and operates the Marion Dean Brown Jr.
Farm, a swine animal operation located East of Chinquapin, on the North side of
SR 1819 and 0.2 miles East of SR 1820 in Duplin County.
B. Mr. Marion Dean Brown, Jr., was issued Certificate of Coverage NCA231241
under Swine Waste Management System General NPDES Permit'NCA200000
issued pursuant to North Carolina General Statute 143-215.1 on April 9, 2003 for
the operation of an animal waste collection, treatment, storage and application
system.
C. North Carolina General Statute 143-215.1 states that no person shall make an
outlet into the waters of the State without having obtained and abided by the
appropriate permit.
D. Condition I. 1 of NPDES Permit NCA 200000 states in part, "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."
E. On November 5, 2003, waste was observed discharging from the main spray field
of the Marion Dean Brown Jr. Farm into a field edge ditch which empties into

Muddy Creek. When asked, the owner stated that the discharge was from a
hydrant problem that occurred when irrigating on November 4, 2003. The
discharge volume is estimated at 1,000 gallons.
F. Condition II. 4 of the NPDES Permit NCA200000 states that, " Land application
rates shall be in accordance with the CAWMP. In no case shall land application
rates exceed the Plant Available Nitrogen rate for the receiving crop or result in
runoff during any given application event."
G. Waste from this application event and a leaking riser ponded on site and ran off
into a ditch that borders the farm property. Sample results confirmed that it was
ponded waste still present the day after the application event.
H. Condition M. 11. a of NPDES Permit NCA200000 requires the Regional Office
to be notified as soon as possible, not to exceed 24 hours following fast
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.
I. The Division was not notified as required regarding the discovery of the
discharge.
J. Condition III. H. e of NPDES Permit NCA200000 requires the Regional Office to
be notified as soon as possible, not to exceed 24 hours following first knowledge
of the failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V.3. of this Permit.
K. The Division was not notified as required regarding the failure to maintain
adequate storage capacity in the farms two lagoons.
L. Mr. Marion Dean Brown, Jr., had no valid permit for the above described activity
M. The cost to the State of the enforcement procedures in this matter totaled $930.03.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Marion Dean Brown, 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. Muddy Creek is waters of the State within the meaning of G.S. 143-215.1(a)(1)
pursuant to G.S. 143-212(6).

D. Mr. Marion Dean Brown, Jr., violated Condition I.1 of NPDES Permit
NCA200000 by applying waste that resulted in a discharge into waters of the
Muddy Creek.
E. 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.
F. Mr. Marion Dean Brown, Jr., violated Condition 11.4 of the NPDES Permit
NCA200000 by applying waste at rates which resulted in ponding and runoff.
H. Mr. Marion Dean Brown, Jr., violated Condition III. 11. a of NPDES Permit
NCA200000 by failing to notify the State of the discharge as required.
H. Mr. Marion Dean Brown, Jr., violated Condition III. 11. a of NPDES Permit
NCA200000 by failing to notify the State of the failure to maintain adequate
storage in the farms two lagoons..
L Mr. Marion Dean Brown, 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) 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.
J. The States enforcement costs in this matter may be assessed against Mr. Marion
Dean Brown, Jr., pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
K Pursuant to N.C. Gen. Stat. 143-215.6A, the Secretary of the Department of
Environment and Natural Resources has the authority to issue civil penalties in
this matter. The Secretary has delegated this authority to the Director of DWQ
Pursuant to N.C. Gen. Stat. 14313-10.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Marion Dean Brown, Jr., is hereby assessed a civil penalty of:
$ 000 for / of one violation of G.S. 143-215.1 for discharging
animal waste into the waters of the State without a permit.
$ ''100 for of one violation of Condition IIA of NPDES
Permit NCA200000 by applying animal waste such that
ponding and runoff occurred.

$ 000 for ) of one violation of Condition III. 11. a of NPDES
Permit NCA200000 for failing to notify the State of the
discharge.
$ Soo for I of one violation of Condition III. 11. a of NPDES
Permit NCA200000 for failing to notify the State of the
failure to maintain adequate storage capacity in the farms
two lagoons.
$ S 0 O for / of one violation of Condition 1IL 15 of NPDES
Permit NCA200000 by failing to submit to the State a copy
of all public notices and proof that the public notification
requirements were met.
$ �OOD TOTAL CIVIL PENALTY
c( $ 30, 03 Enforcement costs
$ o3 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.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;
(8) The cost to the State of the enforcement procedures.
(Date) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-03-049 County: Duplin
Assessed Party: Marion Brown Farm
Permit No. (if applicable): NCA200000 Amount Assessed: $7,930.03
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-2821(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (Le., explain the steps that you took to correct the violation and prevent future
occurrences),
(c) the violation was inadvertent or a result of an accident (Le., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil Penalty will rep vent payment for the remaining necessary
remedial actions (Le., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO. NCA200000
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-03-049
Having been assessed civil penalties totaling $ 7,930.03 , for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated, 03/23/03, 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
SIGNATURE
ADDRESS
TELEPHONE
20_

DIVISION OF WATER QUALITY,.
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator:
Marion Dean Brown, Jr.
Contact Person:
Marion Dean Brown, Jr.
Address:
468 George Dunn Sholer Dr.
Facility #:
31-241
Receiving Stream:
Muddy Creek
Classification:
Muddy Creek is Class C Sw Waters of the State
Regional Office:
Wilmington
Inspector:
Gale Stenberg / Chester Cobb
Report Prepared By.
Gale Stenberg
Case Narrative:
On November 5, 2003, a complaint was received that hog waste was flowing in a ditch that crosses
under HWY 41 north of Chinquapin and then discharging into Muddy Creek. On this same date, at
10 a.m. a ground inspection was then performed by state inspectors from the Wilmington Regional
Office.
The waste in this ditch was followed back to the Marion Dean Brown Jr. Farm. In the inspection that
followed, it was found that ponded waste had run offof the field into a ditch bordering the field. The
waste then flowed down the ditch crossing HWY 41 and then discharged directly into Muddy Creek.
The discharge volume is estimated at 1,000 gallons.
When asked, the owner claimed that the ponded waste and runoff came from a hydrant that
developed a leak when the irrigation system was used on November 4, 2003. The owner failed to
notify the State as required about this discharge event.
When checked, both lagoons were also found to be in the red. The first lagoon level was at 14 inches
and the second lagoon level was at 17 inches. The owner had also failed to notify the State as
required about these freeboard violations.
Farm and/or Company Compliance History Include a copy of CAFO Designation letters
previous NOV's. NOD's previous civil assessments etc
A Notice of Deficiencies dated November 25, 1998 was issued for having the wrong crop type in
spray field #2.

A Notice of Deficiency dated May 5, 2000 was issued for having a cover crop needing
improvement..
A Notice of Deficiency dated May 2, 2000 was issued for having a freeboard violation of 18 inches.
Amount of Waste Discharge (if applicable) If amount cannot be estimated what is the rate
of flow reaching surface water.
The discharge volume is estimated at 1,000 gallons. This discharge amount is based on the amount
of waste pumped and the amount of waste observed in the ditch that drains into Muddy Creek.
Sample Results Qf applicable) with locations of samples taken noted in relation to the
discharge point:'
The results are as follows:
Date Sampled is July 30, 2003.
1-Field 1
Lab ID# 15036
63,636 Fecal Coliform, colonies/100 mL
2-Field Ditch 2
Lab ID# 15037
56,000 Fecal Coliform, colonies/100 mL
3-Road Ditch
Lab ID# 15038
51,000 Fecal Coliform, colonies/100 mL
4-Stream 1
Lab ID# 15039
18,018 Fecal Coliform, colonies/100 mL
5-(UPS) Up Stream
Lab ID# 15040
545 Fecal Coliform, colonies/100 mL
6-Muddy Creek
Lab ID# 15041
54 Fecal Coliform, colonies/100 mL.
7-Dn Stream
Lab ID# 15042
1441 Fecal Coliform, Colonies/100 mL.
8-Muddy Creek Down
Lab ID# 15043
727 Fecal Coliform, colonies/100 mL.
Violator's decree of cooperation (including efforts to prevent or restore) recalcitrance
Mr. Brown did not notify the state of either, the discharge or the high lagoon levels. At the time of
inspection, he initially denied that hog waste had discharged off of the farm property. After being
confronted with the facts, he then claimed that he knew ofthe discharge but that the amount was very
little.

The public notification requirements and the requirement to notify the State giving proof that the
public notification requirements were met were also outlined in the November 5, 2003 inspection
report. No proof that the public notification requires eAfs have 'Tii i n met lids not been submitted to
this office.
These actions clearly show a lack of cooperation.
Fish kill observed? Y/N If yes include report from WRC•
No fish kill was observed.
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-2821(b)•
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
The 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:
Mr. Brown stated that the discharge first occurred on November 4, 2003. The photo's show
waste still discharging from the property on November 5, 2003. Lab sample results from the
November 5, 2003 inspection show a discharge to surface waters.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect on surface water quality is documented under the sample results 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 vaste-that reACIi6d waieis 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 ensure that staff are properly trained and to ensure that there is a sufficient amount
ofstaffto perform sufficient monitoring of the application activities to ensure that runoffand
discharge of animal waste into the waters ofthe State does not occur. This amount of money
is unknown to me.
6. Whether the violation was committed willfully or intentionally:
Mr. Brown stated that he was aware of the ponded waste, runoff and discharge. However,
he did not to notify the State of the discharge.
Mr. Brown was aware of the high freeboard problems in both of his lagoons. Again, he did
not to notify the State of these violations.
Mr. Brown was also aware of the public notification requirements for the discharge. No
proof that these requirements have been met has yet been submitted to this office.
This and the other evidence listed indicates a knowledge of the violations and willful intent.
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 Deficiencies dated November 25, 1998 was issued for having the wrong crop
type in spray field #2.
A Notice of Deficiency dated May 5, 2000 was issued for having a cover crop needing
improvement..
A Notice of Deficiency dated May 2, 2000 was issued for having a freeboard violation of 18
inches.

8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $930.03, as follows'
Staff,
26 hours @ $19.55/hour
$508.30
Pictures
17 @ $0.25 each
$ 4.25
Samples
8 Fecal @ $20.00/sample
$160.00
Mileage
508 miles @ $0.31/mile
$157.48
Administrative Costs
--
100.00
Total
$930.03

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PHOTO #3 Photo shows the center pivot irrigation system at the top of the field with eroded ditch
running through the middle of the field.
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PHOTO #4 Close up photo of eroded ditch.

PHOTO #7 Photo shows ponded waste at the bottom of the field with the center pivot irrigation system
at the top of the UL
PHOTO #8 Photo shows ponded waste at the bottom of the application field.

PHOTO #9 Photo shows close up of ponded waste at the bottom of the field with the center pivot
irrigation system
PHOTO #10 Photo shows were waste crossed the road from the application field to the field edge ditch.

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OF
Michael F. Easley. Governor
William G. Ross. Jr , Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7000 0600 0023 4230 0568
RETURN RECEIPT REQUESTED
Mr. Marion Dean Brown Jr.
Dean Brown Farm
468 George Dunn Sholer Dr,
Willace, NC 28466
Dear Mr. Brown Jr.:
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 4, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Dean Brown Farm
Facility Number: 31-241
Chinquapin, NC
Duplin County
This Notice of Violation is issued on this date to Mr. Marion Dean Brown Jr., ownerloperator of the
Dean Brown Farm covered under Certificate of Coverage AW S 310241. This Certificate of Coverage was
issued by the State of North Carolina under Swine Waste Management System General NPDES Permit
NCA200000.
During an inspection performed on November 5, 2003, staff from the Wilmington Regional Office
of the Division of Water Quality observed and documented several violations.
These violations are listed as follows:
Ponded Waste and Runoff
On November 5, 2003, during a ground inspection, itwasfound thatwaste was ponded and running
off of the Dean Brown Farm's center spray field.
This is in violation of Condition 11.4 of the NPDES Permit NCA200000 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
event'.
2. Discharging into Waters of the State
During the ground inspection, it was found that waste had run off and then discharged directly into
a field ditch which discharges directly into Muddy Creek_ The discharge volume is estimated at
1,000 gallons.
NCDEN'Ft
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 29405 [phone] Fax [phone] Customer Service

Mr. Marion Dean Brown Jr.
Page 2 of 3
December 4, 2003
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 a violation of Condition I. 1 of NPDES Permit NCA 200000 that states in part, "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".
3. Failure to Notify
On November 5, 2003 at the time of the inspection it was found that the lagoon # 1 freeboard level
was at 14 inches and lagoon # 2 freeboard level was at 17 inches. The State was not notified as
required when the lagoon levels exceeded the minimum level requirements_
This is in violation of Condition III 11 a of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following first knowledge of the failure to maintain the
required storage capacity in a lagoon/storage pond.
4. Failure to Notify
During the ground inspection on November 5, 2003, the owner reported that the hydrant closest to
the farm path to the Danny Brown Farm had developed a leak when the system was first turned
started on November 4, 2003. He stated that it was this leak that caused the discharge. The owner
knew of this leak and failed to Notify the State as required.
This is in violation of Condition III 11 a of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following the failure of any component of the land
application system resulting in a discharge to surface waters or wetlands.
Response requirements are listed as follows:
Awritten response must be submitted to the Wilmington Regional Office, Division of Water Quality
that includes:
An explanation of the violations.
b. A description ofthe actions taken to bring the violations back into Compliance and to prevent
their recurrence.
The written response must be received by this office within 15 workino days of the receipt of this
notice.

Mr. Marion Dean Brown Jr.
Page 3 of 3
Nov. 7, 2003
You may wish to contact your Service Company, County Soil ✓3< Water district office, county
extension office, a qualified technical specialist, and/or a professional engineerforany 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.
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, Dupiin County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown LLC
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-241
S:1WQSIANIMALS\DUPLIN12003131-241Dean Brown Farm NOVRFE

Dean Brown Farm
Marion Dean Brown, Jr.
468 George Dunn Sholar Road
Wallace, North Carolina 28466
December 17, 2003
Mr. Rick Shiver
NCDENR-DWQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, N. C. 28405
Subject: Notice of Violation and
Recommendation for Enforcement
Dean Brown Farm
Facility Number: 31-241
Chinquapin, N C
Duplin County
Dear Mr. Shiver:
In reference to violations listed on your letter dated December 4, 2003, my explanation and description of
the actions taken to be in compliance and to prevent their recurrence are as follows:
I. Ponded Waste and Runoff
On November 4, 2003 1 was in the process of bringing up the spray system. I left the pump to go
across the field to activate the center pivot, that is when I observed the riser spraying from a leak.
I immediately returned and cut the system off. I observed some ponding but no run off Since
then, I have put a new packing and bolt in that riser and replaced every riser on the farm as a
preventive measure.
2. Discharging into Water of the State
Late November 4, 2003, I did do some pumping and did keep it checked but I did not observe any
run off, November 5, 2003, I was in school in Lumberton for Continuing Education for
Waste Operator Certification all day and did not have an opportunity to check the situation until I
was notified by phone that your people were already on scene.
3. Failure to Notify
I read that due to excessive rainfall back in the summer our state senator, Charlie Albertson, was
presenting a bill to give us 7 more inches of free board. I thought this passed and that I did not
have to notify until 12 inches.
4. Failure to Notify
I discovered this leak when the system was being brought up but did not observe any run off, I
did not state that it was this leak that caused the discharge. i stated , "That irthere was a
discharge, it was this leak that caused it." Since I observed no run oti; there was no reason to
notify.

Mr. Rick Shiver
Page 2 of 2
December 15, 2003
In reference to keeping in compliance, we have put a dirt buffer around the riser that, in case of problem,
would eliminate any run ofl� filled rodent holes that may allow waste to enter a ditch. Due to excessive
rainfall this year we purchased a center pivot system to help distribute the excess water and maintain free
board level. Working in conjunction with Water and Soil Conservation, we have purchased a new
technology air -way system that will allow us to better maintain free board levels, help control ponding and
run off
I -hope the above explanations and description of actions taken to stay in compliance are satisfactory. It is
my desire to maintain and operate an environmentally safe and friendly family farm. With this said and
the steps taken along with enormous additional expenses on a very limited income, I kindly request that
any fines or penalties be abated.
Sincerely,
Marion Dean Brown, Jr.
Enclosures: Copy of December 4, 2003 DWQ Letter
Copy of Newspaper Notification

Notification of Wnstewnter Rnnoff in Dupho County
House Bill 116G. which the General Assembly enacted in July 1999, requires that
municipalities, animal operations, industries and others who operate waste handling
sv'stetns issue news releases when a waste discharge of 1,000 gallons or more reaches
surface watels.
In accordance with that regulation, the following news release has been prepared and
i sued w media in the affected county:
The Dean Brown A<timal Farm had a wastewater runoff event November 5, 2003 of an
estimated 1 to0o gallons from a spray field in the vicinity of SR 1919 and SR 1920 due to
an equipment malfunction. The anerobically treated waste water ran off into a farm ditch
that eventually flows imo Muddy Creek in the Northeast Cape Fear River Basin.
The Division of Rater Qualitv was notified of the event on November 5, 2003 and is
reviewing the matter
I= _4

envir hem RECEIV 'n ironmental Chemists, Inc.
N0V 2 0 2003 6602 Windmill Wav Wilmington. North Carolina 28405
[phone] (Lab) • [phone] (Fax)
[e-mail]. .-..:,
ANALYTICAL & CONSULTING BY. " = •--- -
CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Chester Cobb
REPORT OF ANALYSIS
Date Sampled: 11/05/03
Sampled By: Chester Cobb / Gale Stenberg
Date of Report: November 12, 2003
Purchase Order #:
Report Number: 3-6470
Report To: Chester Cobb
WASTF.WATFR- I -1 z 1, C L.. Q
PARAMETER
Sample ID
Field 1
Field
Road
Stream
Muddy
Dn
Mudd y
Ditch 2
Ditch
1
UPS
Creek
Stream
Creek
Down
Lab ID
15036
15037
15038
15039
15040
15041
15042
15043
Nitrate + Ndrite Nitrogen,
NOa+NO,-N mg/L
0.16
0.98
0.70
3.64
0.15
0.10
1.27
0.94
Ammonia, NH, N mg/L
218
263
182
56
0.8
0.2
9.8
3.9
Total Phosphorus, P mg/L
17.1
35.8
12.7
5.06
0.07
0.19
0.69
0.42
Total Kjeldahl Nitrogen, TEN mg/L
280
385
245
84
32.8
22
16.8
7.8
Fecal Coliform, colonies/100 mL
63,636
56,000
51,000
18,018
545
F 54
F1441
727
Comments:
Reviewed by: j
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Analytical & Conaultlgg Chemins
Sample Tvne! i = influent_ F. = F.flluent
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
NCDENR: DWQ Certificate 494, DL8 Certificate #37729
=Wall RT=Q*..... CA =c—a er — cl.. a..,. �...__.
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email_EchemW@aol c m
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NCDENa: DWQ Certificate 494, DIA Certificate #37729
—1711-11 QT—Qa......«. en —o-e. or — o._.
6602 Windmill Way
Wilmington, NC 28405
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Facility Number: ;� zy/ Date of Inspection U
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 anv of the structures need maintenance/improvement?
8. Does any pan 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 maintenancelimprovement?
11. Is there evidence of over application? ❑ Excessive Pondmg ❑ PAN 0 Hydraulic Overload
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, [naps, 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 Reviewedinspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
�D Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® Yes
❑ Yes
❑ Yes
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes
0 No violations or deficiencies were noted during this visit You will receive no further correspondence about this visit
❑ No
❑ No
❑ No
❑ No
Comments. (refer to question t1): Explain any YES asurwess amUorany recommendations or any other comments.: ,
Use
-drawings offacility tobetter . explain situatiorm. (use additional pages asneJcessary): ❑Field.CCoonv El Final Notes -
AI.n�✓aI,h VF ,/Q� /ci /s/4s/e ..zt �v /Jy��
6414 ;Grin . //�. V 4*5 fF /'Ulfi+ i �t/ES 7�ivit� its /1l�lrt 5;p z ! 4a e7 � z
46e d,'VeA Ac,1/H� d w4 �r crud ly C�Qe,� G z-'0e,-e 'A. do rid, 4,e
y
aLL./
Reviewer/Inspector Name -
' Reviewer/Inspector Si
0510310I
it<3-'Ar C4llli
��Z Date: // / f
Condnued
Ia-kitk l PE, s5f1( 1.50 I 00 e/.

I.Faellity Number: 3� — �[� Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes ❑ No
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.)
❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover?
❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
e"44ol f-/f2 .�i5/j �rlr 6Gai� Or a C`✓� o7�y— ol� c�rc A,
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len .
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I JpVF;J i0e,-o.'k iNt/S7L he mel- 1164hc i�E717Ce i/1�1dSi .4,' /div;b4 fL°%,fs✓nl C;vei[%:`ola o%., .tr /elAr lei.
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fvesbtans lfease al/ e,r

40 Division of Water Quality —11
O Division of Soil and Water Conservation
O Other Agency
Of Visit .O Compliance Inspection O Operation Review O Lagoon Evaluation
m for Visit O Routine O Complaint O Follow up Q Emergency Notificatioriz O Other'
❑ Denied Access
Facility Number 31 241 Date of Visit: II/OS/2003 Time: IOam
O Not O erational O Below Threshold
® Permitted 0 Certified ® Conditionally Certified D Registered Date Last Operated or Above Threshold:
Farm Name: 1>aaxiOlt.Aean.>£rAmu.J.t.Facto._........_..._._..___..___..___.._..... County: IjaR6al................................................ 111tiQ.........
Owner Name:]acian.1?ea0._............. _.... Br.Q.vxu.dr..... _...................... _.................... Phone No: 91Q-285 6G.7............................................................
Mailing Address:
.4k&..eacgc.I?alto.SllalerlT.A:.................. ._........ _.......................}3illace...�IG....................................................... ..... ZB466..............
Facility Contact:
Title:
Phone No:
OnsiteRepresentative:Uacle.af_QWlterS,.MG.B[aSYtt....._......._......_.............._.... Integrator: aCrQIr.S.FAalls.lmc.............................................
Certified Operator.Mar.jQjjj,1,,,..... _..................... jicm¢ajr....................... .. Operator Certification . ...................
_..........
Location of Farm:
East of Chinquapin. On North side of SR 1819, 0.2 miles East of SR 1820. y
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 1 34 01 49 ° 32 Longitude 77 • 47 14 k
Swine
❑ Wean to I
® Feeder to
❑ Farrow to
❑ Farrow to
❑ Farrow to
)esign Current Design Current
apacity Population Poultry Capacity Population
❑ Layer
4320 ❑ Non -Layer
❑ Other
Design Current
Cattle CaP2C!tV Po ulation
❑ Dairy
❑ Non -Dairy
Total Design Capacity 4,320
Total SSLW 583,200
Number of Lagoons 2 19 Subsurface Drains Present ❑Lagoon Area ®Spray Field Area
Holding Ponds I Solid Traps 10 No Liquid Waste Mana¢ement Svstem
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 -al/min?
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: ..... ...... _..1__..........._._...__._.2._..............__.._._..___._............_........_.
Freeboard (inches): 14 17
05103101
Continued

Facility Number: 31-241 Date of Inspection F11/05/2003
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? N Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
Waste Aoolication
10. Are there any buffers that need maintenance/improvement? N Yes ❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN N Hydraulic Overload N Yes ❑ No
12. Crop type
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 or other 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 & sod 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)
N 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
E3 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit
eessary): ❑ Field Copy ❑ Final Notes
Received complaint that hog waste was in ditch crossing HWY 41 N of Chinquapin and discharging into Muddy Creek. Followed
caste back to Dean Brown Farm. Ponded waste and runoff was found in main spray field and field edge ditch leading down to Muddy
,reek. Both lagoons were in the red, one at 14" and the other at 17". No one from the farm notified the State about either the high
.eeboard or the runoff and discharge.
Wet marks on the lagoon depth markers show that 2" of waste had been pumped onto the sprayfields. 2" x 2 ponds x 1 acre each =
00,000 gallons of waste had been pumped At least 25,000 gallons of this waste discharged into waters of the State. Photo's and
mrples were taken.
Reviewer/Inspector Name Gale Stenberg Chester Cobb
Reviewer/Inspector Signature: Date:
05103101 Continued

Facility Number: 31-241 Date of Inspection 11/OS/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor 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 liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Public Notification requirements as outlined in Condition 11114 & 15 of the NPDES Permit must be met Public notice must be
laced in a newspapaer having general circulation in Duplin & Pender Co. within 10 days of discharge. A copy of the public notice
must be submitted to DWQ within 30 days of the discharge.
questions please call either Gale Stenberg or 910 / 395 - 3900
Chester Cobb
O5103101

49 Division of Water Quality
O Division of Soil and Water Conservation
O Other Agency
(Type of Visit p Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint@ Follow up O Emergency Notification- O Other— " ❑ Denied Access
Facility Number 31 241 Date of Visit: Il/06/2003 Time: 7345
O Not Operational O Below Threshold
® Permitted 0 Certified ® Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ..........
Farm Name: M.arioxl.Aean.Ar9.wjftJr..FArM........... _.................................................. County: 1)
.............................................. VILRQ.........
Owner Name: P.4arioxt.I2eau....................... H.ro»r.Jr................................................ ... Phone No: 9.J.0 2.8S.:6G.7.3...........................................................
Mailing Address:968...Barge.11ttnn.SlanAerAr..........................._................... ..... .0 ................................. 2#96b..............
Facility Contact: ...... .... __._._............ .... .... .......... ............. Title: ........ _................................. ............... Phone No: _...............
Onsite Representative: 1QFVner..._.__._..__..._.._......_._. ..................... Integrator: r4urpJjyArA.Wjl.......... _............. _............
.__._._.
Certified Operator:) jppp .......... Hr.QWjI dr _ Operator Certification Number:3.7J,77
Location of Farm:
East of Chinquapin. On North side of SR 1819, 0.2 miles East of SR 1820.
® Swine ❑Poultry ❑Cattle ❑Horse Latitude 34 • 49 32 Longitude 77 • 47 14
Design Current Design Current Design Current
Swine Capacity Po ulation Poultry Capacitv Population Cattle
C
El Wean to Feeder
® Feeder to Finish
4320
❑ Farrow to Wean
❑ Farrow to Feeder
El Farrow to Finish
El Gilts
❑ Boars
n a act Po ulation
❑ Layer ❑Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 4,320
Total SSLW 583,700
Number of Lagoons 2 10 Subsurface Drains Present ❑ Lagoon Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management Svstem
Discharges d Stream Impacts
L 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 gal/min?
d. Does discharge bypass a lagoon system? (Ifyes, 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 I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .............._....._..__...._...........__...._.._.._.._......................._.__.._._.................................... ........................_. _._.
Freeboard (inches):
05103101
Continued

Facilit"} Number: 31-241 Date of Inspection 11/06/2003
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
❑ No
12. Crop type
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 or other 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
ElNo
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
0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes
-- Follow up done concerning the discharge investigation on 11/5/03.
-- Met with owner.
-- Owner reported that the hydrant closest to the farm path to Danny Brown Farm had developed a leak
when irrigation system was first turned on Tuesday. This occurred around 5:30 pm on Tuesday.
-- Owner said that hydrant was fixed and the irrigation system was run from 6:30 pm to 9:30 pm. The
:enter pivot and 1 reel was run during this time frame.
-- Owner estimates only 750 gallons lost from hydrant.
Reviewer/Inspector Name Chester Cobb
Reviewer/Inspector Signature: Date:
05103101
Continued

Facij°ty Number: 31_241 Date of Inspection 11/06/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation? -
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fau(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
-- I rechecked the sprayfield. I observed evidence of waste around the hydrant and towards the field
--18 I did not observed where waste had left the center pivot area and entered the field ditch.
— Records showed 3.1 inches on rain on 10/28/03 and freeboard level of 23 inches on 10/27/03 and
inches 11/3/03.
Fail to report discharge and high freeboard level. See inspection on 11/5/03.
O5103101

' � ' 14

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