310655_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

44
�� liA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue -Coieen H, Sullins
Governor Director
February 11, 20.1.1
Mr. -Troy M. Sloan
Sloan Brothers Farm
1705 South NC 111
Chinquapin, NC 28521
Dee Freeman
Secretary
SUBJECT: Payment Schedule for Civil Penalt _
Case DV-2010-0105
Farm # 31-655 FEB 1 4 2011
Duplin County
BY:.
Dear Mr. Sloan:
You have requested a schedule for malting partial payments toward the $10186.02 civil
penalty that was assessed by the Division of Water Quality (DWQ) on January 28, 2011. The
Division is agreeable to a monthly payment schedule beginning on March 1, 2011 and
continuing to February 1, 2012. There are Eleven (11) payments of Eight Hundred Forty Eight
Dollars and Eighty Three Cents ($848.83) to be made once every month and one (1) payment of
Eight Hundred Forty Eight Dollars and Eighty Nine Cents ($848.89) as indicated on the attached
schedule.
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to
the Department of Environment and Natural Resources and mail them so they are received by the
1 st of each month. -
Failure to make the monthly payments in accordance with this schedule will cause the entire
unpaid balance of the civil penalty to be due and payable and subject to collection through a civil
action in the superior court.
Mail your payments to the address shown on the next page to make sure that they are
properly recorded:
AQUI=EER PROTECTION SECTION'' Orl2
1636 Mail Service Center, Raleiah. North Caro�, 7iina 2759E-1636 1 � olrthCliolina
Lo-hon;.aiio : �28 Capi�al Sou�vait, Ralasoh, lvarih Caraiina 27604 Naturally
Pe: 919-733-3221 ! �:AX 1: 919-71FAX
X 2: 919-715-60481 Customer tJ
Service: 1-577-623-6748 i €
Interne_: a WW r1matercualirv.aro

Mr. 'troy Sloan
February 11.2011
Pace 2
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
If you have any questions, please call Miressa Garoma.at [phone].
Sincerely,
---?D '
�r Coleen H. Sullins
Attachments
cc: Charles Stehman, Wilmington APS Regional Supervisor w/ attachments
File # DV-2010-0105 w/ attachments
APS Central Files w/ attachments

CT%U PENALTY ASSESSMENT PAYMENT SCHEDULE
Troy M. Sloan
CASE # DV-2010-0105
FARM OR PERMIT # 31-655
On January 28, 2011, the Division of Water Quality (DWQ) issued a civil penalty assessment in
the amount of $10186.02, including $686.02 in investigative costs, against Mr. Troy Sloan for permit
condition violations. In order to resolve this matter, DWQ and Mr. Troy Sloan have agreed to enter into a
payment schedule,
Mr. Troy Sloan agrees to pay the civil assessment of $10186.02 according to the schedule below
as full settlement of Case No. DV-2010-0105.
Mr. Troy Sloan understands that any default in payment or failure to submit payment by the day
of the month in which payment is due will result in the immediate referral of this case to the Attorney
General's Office for collection through the courts. Mr. Troy Sloan also acknowledges that DWQ reserves
the right to take enforcement action for future violations within its authority should they occur.
PAYMENT AMOUNT
DATE DUE DATE PAID
$ _
848.89
3/1/2011
S
848.83
4/1/2011
$
848.83
5/1/2011
$
848.83
6/1/2011
S
848.83
7/1 /2011
$
848.83
8/1/2011
S
848.83
9/1/2011
$
848.83
10/1/2011
S
- 848.83
1IJ11201I'
$
848.83.
12/1/2011
S
849.83
1/1/2012
$
848.83
2/1/2012
$ 10186.02
Payments should be by check payable to "NCDENR" and should be mailed to:
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
NAME Date
Coleen H. Sullins Date
Director, Division of Water Quality

PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number:
31-655
County: Duplin
Facility Name: Sloan Brothers
Certified Operator Name: Operator Number:
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 lagoons 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: Lagoon 1
Spillway(Y or N): N
Level(inches): 12
2..Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. 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 and PAN 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 DWO prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
`Attach a complete schedule with corresponding animal units and dates fro depopulation
"if animals are to be 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:
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.
Troy M. Sloam Phone. [phone]
Facility Owner/Manager (print)
- 9H Date: 10/1/2010
F-deility Owner anager (signature)

II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure ID: Lagoon 1 line m = lb PAN
2. Structure ID: line m = lb PAN
3. Structure ID:
4. Structure ID:
5. Structure ID:
6. Structure ID:
line m =
lb PAN
line m =
lb PAN
line m =
lb PAN
line m =
lb PAN
n. lines 1 +2+3+4+5+5= lb PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT HE APPLIED DARING THIS 30 DAY PERIOD_
o. tract #
p. field #
q. crop
r. acres
s. remaining IRR
2 PAN balance
(lb/acre)
1. TOTAL PAN
BALANCE FOR
FIELD (tbs.)
column r x s
u. application window'
7400
3
Bermuda
3.29
262.50
863.6
Se t-Oct15
7400
2
Bermuda
3.98
286.00
1146.2
Se t-Oct15
'State current crop ending application- date 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) = 2009.9 lb. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section Il) = Ib. PAN
PoA (30 Day) 2/21/00

x. Crop's remaining PAN balance (line v from section 111) w 2009.9 lb. PAN
y. Overall PAN balance (w - x) = -2010 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 new 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
irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is
available for pumping ff needed.
PoA (30 Day) 2/21 /00

II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure ID: Lagoon 1
fine m =
lb PAN
2. Structure ID:
line m =
lb PAN
3. Structure ID:
line m =
lb PAN
4. Structure ID:
line m =
lb PAN
5. Structure ID:
line m =
lb PAN
6. Structure ID:
line m =
-lb PAN
n. lines 1 +2+3+4+5+6= lb PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. 00 NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
o. tract ##
p. field #
q. crop
r. acres
s. remaining IRR
2 PAN valance
(lb/acre)
t TOTAL PAN
BALANCE FOR
FIELD (lbs.)
column r x s
u. application window'
7400
3
Bermuda
3.29
262.50
863.6
Se t-Oct15
7400
2
Bermuda
3.98
288.00
1146.2
Se t-Oct15
'State current crop ending application date 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) = 2009.9 Ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section 11) = lb. PAN
PoA (30 Day) 2/21/00

x. Crop's remaining PAN balance (line v from section III) = 2009.9 lb. PAN
Y. Overall PAN balance (w - x) = -2010 ib. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pomp and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new 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
Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is
available for pumping if needed.
PoA (3o Day) 2/21/00

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 Name/Identifier (ID): [Lagoon 1
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker
b. designed 25 yr./24 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 gallonstV
3. Projected volume of waste liquid produced during draw down period
12.0 inches
19.0 inches
7.0 inches
636b0 ft2
277726 gallons
I. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 80705 ft3
h. current herd # L� certified herd # 2448
actual waste produced = current herd # x line g =
certified herd #
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 days/line f=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated
m. ((lines e + k)11000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown bellow)
PoA (30 Day) 2121/00
ft'
C�ft3
37129 2 ft3
46288 gallons
�Ibs/1000 gal.
0 lbs. PAN

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 Namelidentifier (ID): La oon 1
2. Current liquid volume in 25 yrJ24 hr. storm storage & structural freeboard
a. current liquid level according to marker 12.0 inches
b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches
c. line b - line a (inches in red zone) = 7.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 63650 fe
e. line c/12 x line d x 7.48 gallons/ft' 277726 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 80705 ft3
h. current herd # certified herd # 2448
actual waste produced = current herd # x line g =
certified herd #
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 dayslline f=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated
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) 2121100
fe
�ft3
37129.2 ft3
46288 gallons
�lbs/1000 gal.
0 lbs. PAN

II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure ID: Lagoon 1
line m =
lb PAN
2. Structure ID:
line m =
lb PAN
3- Structure ID:
line m =
lb PAN
4. Structure ID:
line m =
lb PAN
5. Structure ID:
line m =
1b PAN
6. Structure ID:
line m =
lb PAN
n.lineal +2+3+4+5+6= lb PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
1'I=HIVU. UU NU 1 1-I51 I-IELUS 1 U W HIGH F'AN VANNU I Iir= AFPLIEU UUMINU THI5 JU UAT Fr-MIUU.
o. tract # p. field # q. crop r. acres s. remaining IFIFT t. TOTAL PAN c, application %%lrtdow'
2 PAN balance BALANCE FOR
(lb/acre) FIELD (lbs.)
column r x s
74001 3 Ben-luda 3.29 262.50 863.6 Sept -Oct 15
74001 2 Bermuda 3.98 28B.001 1146.2 Sent-Oct15
V LOLO LiUI I VI R VI V f! =I IUIULJ. QrJIAK.CLLIUI I Ua1G U1 I MAL LA UP C1FP1IUaL1V1I UCY1111 III IU ULSLG 1U1 avauauia
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 2009.9 lb. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAID to be land applied (line n from section II) = lb. PAN
PoA (30 Day) 2121/00

x. Crop's remaining PAN balance (line v trorn section III) = 2009.9 Ib. PAN
y. Overall PAN balance (w - x) _ -2010 lb. PAN
Line y must show as a deficit. If fine 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 new 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
Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is
available for pumping 9 needed.
PoA (30 Day) 2121 /00

Land Quality Section: 127 Cardinal Drive Extension, Wilmington, NC 28405 [phone]
County: Onsl°W. Project: I Morton Elementary Schoo.IAdditions White Oak
_ .......... .. ...... River basin: _
Onslow County Board of Education Onslo-2007-440
Person financial) responsible: Project — --_------------- -
P.O. Box99 Jacksonville, NC 28541
Address:
Old Highway 30
1. Project location: _---. .__ �----.�.-_...___-- -- _�__.__�_.._�_�.._ -. --_ �__ _..�___---__
Pictures: Yes: r No: r Prints: r Slides: rVideo: r- Di ita1: r
Surkable
2. Weather and soil conditions: _nny,w+nInitial inspection. Yes: r No: r
3. Is site currently under notice of violation? Yes: r No-, r
4. Is the site in compliance with S.P.C.A. and rules? Yes: r No: r If no, check violations below:
5. Violations:
r a. No approved plan, G.S. I I3A-57 (4) and 15A N.C.A.C413.0 I 07(c) r' g. Inadequate buffer zone, G.S. I I3A-57(1)
r b. Failure to follow approved plan, G.S. 1 I3A-57(5) r h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(d)
r c. Failure to submit revised plan, G.S. 113A-54.1(b) and r i. Unprotected exposed slopes, G.S. 113A-57(2)
15A N.C.A.C. 413.0118(a)
d. Failure to provide adequate groundcover, G.S. 113A-57(3) and r j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0007(b) or 15A N.C.A.C. 413.0124(e) 15A N.C.A.C. 413.0113
e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) r k. Other (describe) -
r f. Failure to take all reasonable measures, 15A N.C.A.CAR0105..-
6. Has sedimentation damage occurred since last inspection? Yes: If yes, where? (check all that apply) No: r
Lake/natural watercourse on the tract: r Lake/natural watercourse off the tract: r Other property: r
Description:
Additional sediment has entered the creek on the other side of old highway 30
- --
Degree of damage: slight: r moderate: r severe: r
7. Contact made with (name):—._No._.one Titiet
! /25/1 1
Inspection report given: r or sent: 5 • to person financially responsible. Dategiven/sent:
Insufficient meausres to retain sediment on site
S. Potential NPDES Permit Violation? Yes:' No: r Describe: .------....-- - . - _.-_ -- - - ------ ..
9. Corrective actions needed:
1. Stabilize the slope near the ditch along Old Highway 30 near the existingpipe under Old Highway 30.
2. Remove the sediment from the creek on the other side of Old Highway 30 by hand.
10. Comments: - ---.._.......-- -_ .. _ _.. _ _
Please contact me if you have any questions regarding this report [phone]
Karl Hammers
Report by: Others present:
Date of inspection- Time arriving1:20 on site: Time leavin site: 1:35
cc: I--------------- .— — ----_..._—
TGH Revised]2/8/2005

Type of Visit 'Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit 01outine O.Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access
Date of Visit: 1Q Arrival Time: .•T11peparture Time: County:
Farm Name:
Owner Email:
Owner Name: Phone:
Mailing Address:
Physical Address:
Facility Contact:
Title:
Onsite Representative: V.OIr_ t� ,—wy- 5Z=,6=
Certified Operator:
Back-up Operator:
Location of Farm:
� Region:
Phone No:
Integrator•
Operator Certification Number: 20/0�
Back-up Certification Number: TYnl Sl6cc*—
Latitude: = o= f = Longitude: 0 0= 4
Swine
Design Caren
Capacity Population
Wet Poultry
Design C►urrent
Capacity Popnli tion
C>attle
Design
Capacity
CLCCent
Population
❑ Wean to Finish
10 Layer
❑ Dairy Cow
❑ Wean to Feeder
ILI Non -Layer I
I
❑ Dairy Calf
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
El Farrow to Finish
Gilts
Dry Poultry
❑ Layers
Non -Layers
❑ Pullets
❑ Turkeys
❑ Turkey Poutts
❑Other
❑ Dairy Heifer
❑ DEY Cow
ElNon-Dai
ElBeefStocker
❑ Beef Feeder
I
Boars
Other
❑ Beef Brood Cowl
Number of Structures:
❑ Other
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
other than from a discharge?
❑ Yes FerNo ❑ NA ❑ NE
❑ Yes 0-1Vo ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ONo ❑ NA ❑ NE
❑ Yes ZNo ❑ NA ❑ NE
❑ Yes 'VNo ❑ NA ❑ NE
Page l of 3 12128104 Continued

F.pcility*Vumber: Date of Inspection /D
Reauired Records & Documents
19.
Did the facility fail to have Certificate of Coverage & Permit readily available?
❑ Yes
Z�o
❑ NA
❑ NE
20.
Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
No
❑ NA
El
the appropriate box. ElWUP ❑ Checklists ElDesign ❑Maps El Other
1p
21.
Does record keeping need improvement? If yes, check the appropriate box below.
0 Yes
❑ No
❑ NA
❑ NE
❑ Waste Application ❑ Weekly Freeboard Owaste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ t20 Minute Inspections ❑ Monthly and 1"
Rain Inspections ❑ Weather Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
P No
❑ NA
❑ NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
p No
❑ NA
El NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
El Yes
/� No
❑ NA
❑ NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
No
❑ NA
❑ NE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
PNo
❑ NA
❑ NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
?No
❑ NA
❑ NE
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
0 No
❑ NA
❑ NE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
"No
❑ NA
❑ NE
and report the mortality rates that were higher than normal?
30.
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
No
❑ NA
ElNE
If yes, contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required by
❑ Yes
J] No
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems, over application)
32.
Did Reviewer/Inspector fait to discuss review/inspection with an on -site representative?
❑ Yes
7'No
❑ NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
❑ Yes
[:3 No
❑ NA
❑ NE
Additional C- omments and/ogsr Drawinx ""
?� »sue
AL
^' oq� wm o w ��
51-7110
..s oLr=az1�� Gakcily fps
el
y ��.
S�-
ra 5/"'
Lqjoa6
p-i �
Page 3 of 3 1212r,4
�✓! t s s 1 a� l n r f ec�loh �'�e�a� 6u �G/ o

NORTH CAROLINA DIVISION OF WATER QUALITY
Aquifer Protection
Wilmington Regional Office
MEMORANDUM TO: Keith Larick
FROM: Charlie Stehman
SUBJECT: Criminal Enforcement Consideration
DATE: November 2, 2010
Consistent with the Departments's Guidance Document related to Enforcement of
Environmental Crimes, Section V.3., the Wilmington Aquifer Protection Section is
_recommending that the attached enforcement report be considered for Criminal
Enforcement prior to processing it for Civil Enforcement. — --
S AGWSICFS\Criminal.MMO

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen IL Sullins, Director
Division of Water Quality
MEMORANDUM
TO: Keith Larick, Environmental Program Supervisor III
Animal Feeding Operations Permitting and Compliance Unit
FROM: ,Amanda Gaines, Environmental Specialisg
Wilmington Regional Office
THROUGH: Charles F. Stehman, Environmental Program Supervisor 11
Wilmington Regional Office
. �%
SUBJECT: Enforcement Report
Troy M. Sloan
Sloan Brothers Farm
Facility Number: 31-655
Duplin County
DATE: November 2, 2010
Please find attached -the subject enforcement report, which concludes that Troy M. Sloan violated
Condition No. V. 2. of the General Permit AWG100000 by failing to maintain the liquid level of the
Lagoon to provide adequate storage to contain a 25-year, 24-hour storm event plus an additional one
foot of structural freeboard. Also, Mr. Sloan violated Condition No. III. 13. of the General Permit
AWG100000 by failing to notify the Wilmington Regional Office of the inadequate freeboard level.
Mr. Sloan violated Condition No. I. 1. of the General Permit AWG100000 based on the unknown
amount of animal waste that discharged to waters of the state September 29 and 30, 2010.
A Notice of Violation and Recommendation for Enforcement (Case # NOV-2010-DV-0344) was issued
on October 7, 2010 for the inadequate freeboard, the failure to notify of freeboard, and the discharge.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 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 $686.02 pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
If you have any questions, please contact me at 910-796-7327.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:1WQSIANIMALS\DuplinL010L31-655l31-655 Memo
North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Fat, Phone [phone]
Internet: www tic watu�quality.orv, Wilmington, NC 28405 Fax [phone]
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INCIDENT SYNOPSIS - CASE NO: NOV-201.0-DV-0344
ENFORCEMENT ACTION / CIVIL PENALTIES
FARM NAME: Sloan Brothers Farm PERMIT NO: AWS310655
VIOLATOR NAME: Troy M. Sloan FACILITY NO: 31-655
COUNTY: Duplin OFFICE: WIRO
CASE BACKGROUND
September 30 2010 - Discharge Complaint
On September 30, 2010, the WIRO received an anonymous complaint that animal wastes were
being discharged from the Sloan Brothers Farm into a field that was saturated due to heavy rains.
September 30, 2010 - Inspection
WIRO inspected the Sloan Brothers Farm and found:
1► Lagoon freeboard level was at 12 inches (photo 1)
11 An irrigation line was disconnected from the reel and was laying in the field
approximately 20 feet from a field ditch that drains into an unnamed tributary to
the Back Swamp which has a stream classification of C; SW
►► There was some animal waste ponded approximately 5 feet from ditch and
approximately 30 feet from end of pipe (photo 2), however, the flow of water in
the ditch was at a high rate and there were no visible signs of waste
PHOTO COMMENTS
PHOTO NO.
CONLMEMT
1
Twelve inches of freeboard
2
Ponded animal waste approximately 5 feet from ditch
3 &4 .
Sample I - taken approximately 1500 feet downstream in
fast moving current
Sample 2 - taken from ponded animal waste approximately
5 & 6
5 feet from ditch and approximately 30 feet from end of
pipe
7 & 8
Sample 3 - taken from head of ditch approximately 35 feet
from end of pte
9 & 10
Sample 4 - taken from cow pasture ditch approximately 50
feet upgradient from end of pipe
Sample 5 - taken downstream approximately 60 feet from
11 & 12
end of pipe
13
Irrigation equipment not connected to pump
14 & 15
Pipe from which the discharge originated
One of the farm owners, Mr. Corey Sloan, stated that the waste level in the Lagoon was at 12
inches at 8:30pm on the night of September 29, 2010 and it was still raining. At that time, Mr.
Sloan wanted to ensure the integrity of the dike wall so he chose to lay his irrigation pipe in one
of his irrigation fields and set the pump on a low idle to stay ahead of the rain. It rained
approximately 5 inches overnight and at 5:30am on September 30, 2010 his lagoon was still at 12
inches. The amount of waste that reached the ditch that flows into Back Swamp is undetermined.
Five samples were taken; however, the flow rate in the ditches and tributaries was at a high speed
and of the extent of the impact to waters of the state is unknown. Samples are as follows:
Sloan Brothers Farm
31-655

A. Sample 1 was collected at 1140 approximately 1500 feet downstream from pipe. The
current was fast moving at this point.
B. Sample 2 was collected at 1215 from a small ponded area approximately 30 feet from end
of pipe and approximately 5 feet from ditch.
C. Sample 3 was collected at 1225 from head of ditch approximately 35 feet from end of
pipe.
D. Sample 4 was collected at 1235 from a cow pasture approximately 50 feet upgradient
from end of pipe.
E. Sample 5 was collected 1250 approximately 60 feet downstream from end of pipe.
All samples were delivered to Environmental Chemists, Inc. in Wilmington, NC at 1440 on
September 30, 2010. All the samples were analyzed for Fecal Coliform, Total Kjeldal Nitrogen
(TKN), and Nitrate. The sample results are as follows:
Sample ID
TKN (mg/L)
Fecal Coliform mL colonies/100
Nitrate (mg/L)
1
1.6
14000est
0.50
2
38.1
280000
<0.02
3
11.3
1 27000
3.23
4
2.9
28000est
3.06
5
16.9
42000
5.81
Pumping wastes onto the field and bypassing the irrigation equipment was intentional, Mr. Corey
Sloan did not deny it; however, he was very clear that the decision was made to ensure the
integrity of the dike wall.
October 5, 2010 — Follow up
A follow up site visit was conducted by DWQ on October 5, 2010 to determine status of lagoon. The
freeboard level was still at 12 inches. Subsequently, Murphy Brown was removing the last of the animals
because they were ready to sell. The fields were almost dry enough to start irrigation. Mr. Sloan indicated
he would be aerating the field before he irrigated.'
October 7. 2010 - NOV
A NOV was issued October 7, 2010 citing three -%7olations:
1. There was inadequate freeboard in the lagoon. The required freeboard is 19.5 inches and
the freeboard level was 12 inches.
2. The farm owners failed to notify the Division of the inadequate freeboard.
3. Animal waste was discharged onto a field that ran off into a ditch that leads to an
unnamed tributary of the Back Swamp.
October 29.2010 - Response to NOV
Mr. Sloan's response to the NOV was:
►► On September 26, 2010, the freeboard level was 26 inches. The farm received 20 inches
of rainfall within three days. -
►1 The failure to notify of inadequate freeboard is true; however, the lagoon was not in crisis
until late on September 29, 2010 and the Sloan brothers were unaware that the freeboard
could be reported overnight.
►► The lagoon was found to be at 12 inches of freeboard at approximately 8:30 or 9:00 pm
on September 29, 2010 and the rain was still falling. At this time water was pumped to
Sloan Brothers Farm
31-655

maintain the integrity of the dike wall. There is also a low point in the lagoon that was of
concern in regards to the dike wall integrity.
N The corrective actions to be taken that were mentioned in the response are:
o They know now that they can call and leave a message overnight to report
freeboard levels
o The low point in lagoon will be built back up and a new lagoon freeboard gauge
will be installed
PREVIOUS VIOLATIONSA1� P- ENALTIES
There is one NOD. The violations were:
1. April 1998 — NOD for insufficient freeboard and over application of nitrogen in irrigation
fields.
Sloan Brothers Farm
31-655

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Mr. Troy M. Sloan
County: Duplin
Case Number: NOV-2010-DV-0344
Permit Number: AWS310655
ASSESSMENT FACTORS
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;
Unknown. The amount of waste discharged is undetermined and the flow of the creek at the time of
discharge was at a high rate of speed.
2) The duration and gravity of the violation;
The pump ran at a slow rate for approximately eight (8) hours
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
The cost to the premittee was minimal. There was no waste collected due to the heavy rains causing the
high rate of flow in the creek.
5) The amount of money saved by noncompliance;
None
6) Whether the violation was committed willfully or intentionally;
Yes. The permittee intentionally discharged from the end of the pipe into the field during a rain event on
saturated ground; however, the intent was to maintain the integrity of the dike wall not to place waste
directly into the creek.
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
A Notice of Deficiency was issued April 10, 1998 for insufficient freeboard and over application in spray
fields.
S) The cost to the State of the enforcement procedures.
The State's enforcement costs totaled $686.02, as follows:
rev 1.0 - 8. 3 ] .09

Staff,
6.5 hours @ $27.11/hour
$ 176.22
Staff
4 hours @ $21.70/hour
$ 86.80
Samples
5 Nutrients @ $55.00/sample
$ 275.00
Mileage
370 miles @ $0.40/mile
$ 148.00
Total
$686.02
Date
Supervisor Name
rev 1.0 - 8.31 .09

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
TROY M. SLOAN
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AIND
NATURAL RESOURCES
File No. DV-2010-0344
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush Jr., Chief of the
Aquifer Protection Section of the Division of V1Tater Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Troy M. Sloan owns and operates Sloan Brothers Faun, a swine animal operation
located east of Lyman, North Carolina on the west side of State Road 1821 in Duplin
County.
B. Mr. Troy M. Sloan was issued Certificate of Coverage AWS310655 under Swine Waste
Management System General Permit AW6100000 for the Sloan Brothers Farm on
October 1, 2009, effective October 1, 2009, with an expiration date of September 30,
2014 for the operation of a swine waste collection, treatment, storage, and application
system.
C. Condition.No. V. 2. of the General Permit AWG100000 states in part that "At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional
one (1) foot of structural freeboard..."
D. DWQ staff from the Wilmington Regional Office responded to a complaint at Sloan
Brothers Farms on September 30, 2010 and found that the freeboard level for the lagoon
was twelve (12) inches. The required freeboard level for this lagoon is nineteen and one
half (19.5) inches.
E. Condition No. I1I. 13 of the General Permit AWG100000 states in part that, "The
permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of
the occurrence of any of the following events ...... c. Failure to maintain storage capacity
in a lagoon/storage pond greater than or equal to that required in Condition V. 2.Of this
General Permit..."
F. Mr. Sloan knew the lagoon level was in violation of his permit but failed to report this
condition to the Wilmington Regional Office.

G. Condition I. L of the General Permit AWG100000 states in part that, "Any discharge of
waste that reaches surface waters or wetlands is prohibited except as otherwise provided
in this General Permit and associated statutory and regulatory provisions. Waste shall not
reach surface waters or wetlands by runoff, drift manmade conveyance, direct
application, direct discharge or through ditches, terraces, or grass waterways not
otherwise classified as state waters...."
H. During the September 30, 2010 DWQ site visit, Mr. Sloan freely admitted that he had
discharged animal waste from the end of his irrigation pipe into his irrigation field.
I. The costs to the State of the enforcement procedures in this matter totaled $686.02.
Based upon the above Findings of Fact, I wake the following:
II. CONCLUSIONS OF LAW:
A. Mr. Troy M. Sloan is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for an animal waste management system is required by.G.S. 143-215.1.
C. The above -cited failure to maintain adequate freeboard violated Condition No. V. 2. of
the General Permit.
D. The above -cited failure to notify violated Condition No. III. 13 of the General Permit.
E. The above -cited discharge of animal waste into waters of the state violated Condition I. I .
of the General Permit.
F. Mr. Troy M. Sloan may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit required by G.S. 143-
215.1.
G. The State's enforcement costs in this matter may be assessed against Mr. Troy M. Sloan
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. 1 (b)(8).
H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality,.has the authority to assess
civil penalties in this matter.

Based upon the above Findings of Facts and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, Mr. Troy M. Sloan, owner of Sloan Brothers Farm, is hereby assessed a civil
penalty of:
for violating Condition No. V. 2. of the General Permit
AWG100000 by failing to maintain adequate freeboard
for violating Condition No.11I. 13 of the General Permit
AWG100000 by failing to notify the Division of inadequate
freeboard
for violating Condition No. I. 1. of the General Permit
AWG100000 by discharging animal waste in waters of the state
$ TOTAL CIVIL PENALTY
$ - 686.02 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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: County: Duplin
Assessed Party: Mr. Troy M. Sloan
Permit No. (if applicable): AWS310655 Amount assessed:
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 determining
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. By law [NCGS 133-215.6A(f)] remission of
a civil penalty may be granted 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 NCGS 143B-282.1(b) were
wrongfully _applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix andlor listed in the civil penalty
assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
f aure occurrences),
(c) the violation was inadvertent or.a'result of an accident (i.e,, 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 sY ��ill prevent payment for the remaining necessary
remedial actions (i.e., explain how -payment of the civil penalty will prevent ,you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Item. req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
MR. TROY M. SLOAN 1
PERMIT NO. A WS310655 ) FILE NO
Having been assessed civil penalties totaling $ for violation(s) as set forth in
the assessment document of the Division of Water Quality dated, , the undersigned,
desiring to seek remission of the civil penalty, 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 notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment. -
This the
day of
TELEPHONE
Signature
20

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Photo 13. ' irrigation equipment not connected to pump S

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt; Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
April 10, 1998
CeWfiedM it#Z312648756
Return Receipt Mquested
Troy and Corey Sloan ---�
Sloan Brothers
1705 South NC Hwy 111
Chinquapin, NC 28521
Dear Mr. Sloan:
NCDENR
NORTH GROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF DEFICIENCY
Sloan Brothers
Facility Number: 31-655
DupIin County
On April 9, 1998, staff from the Wilmington Regional Office of the Division of Water
Quality inspected your animal operation and the lagoon(s) serving this operation. It was observed
that the lagoon had insufficient freeboard. In addition, an excess of nitrogen was applied to spray
field #2 (#5, #6, #7), pull #1 beyond the 50 lbslac recommended by the Waste Utilization Plan
(W.U.P.) for a small grain overseed.
USDA-NRCS guidelines require a minimum of one foot and seven inches of freeboard.
This is based on the amount of storage space needed to contain a 25-year, 24 hour design storm
event without a discharge. NRCS requirements also specify that animal waste shall be applied at
agronorruc rates.
The level of your waste lagoon needs to be lowered and maintained in accordance with the
NRCS guidelines and the state 2H .0200 rules governing animal waste management systems.
Nitrogen application should not exceed the Plant Available Nitrogen loading rates listed in the
W.U.P. for each field and each crop. In addition, the fescue and bermuda crops should be
improved to ensure that the required Realistic Yield Expectation is met, as listed in the W.U.P.
We suggest that you contact your service company, local NRCS or Soil and Water District office
for any assistance they may be able to provide to correct the situation.
127 Borth Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% rccycled110% post -consumer paper

Type of Visit ok Compliance Inspection U Operation Review () Structure Evaluation U Technical Assistance
Reason for Visit Q Routine "xComplaint O Follow up Q Referral Q Emergency ()Other ❑ Denied Access
Date of Visit: /G Arrival Time: fQ Departure Time: County: �K U Region:
Farm Name: CLAN �G�-�'TI�E�S' - �_ Owner Email:
Owner Name: I QQ* Ccac� Phone:
Mailing Address:
Physical Address:
Facility Contact:
Title: Phone No:
Onsite Representative: QE Sog-Al Integrator:
Certified Operator:
Back-up Operator:
Location of Farm:
Operator Certification Number:
Back-up Certification Number:
Latitude: a o ❑ 1 Longitude: ❑ ° ❑ , ❑
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❑Wean to Finish z. ❑ Layer N ❑ Dairy Cow
❑ Wean to Feeder Non -Layer ❑ Dai Calf
❑ Feeder to Finish El ❑ Dairy Heifer =:
N.
`' ❑ Farrow to Wean `uDi'otiiti y- ❑ Dry Cow
El Farrow to Feeder .� -.. ..� � .
❑ Non -Dairy,.
s'. ❑ Farrow to Finish El Layers ❑ Beef Stocker
:" ❑ Gilts " El Non -Layers ❑ Beef Feeder
'' [] Pullets
❑ Boars El Beef Brood Cow
Q,7 - `'; ❑ Turke S
❑ Turkey Points
x ❑ Other [] Other�Nbertu
°'�+
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Yes
❑ No
❑ NA
❑ NE
Discharge originated at: ❑ Structure Application Field ❑ Other
a. Was the conveyance man-made?
Yes
❑ No
❑ NA
❑ NE
b. Did the discharge'reach waters of the State? (If yes, notify DWQ)
v�jf Yes
❑ No
❑ NA
❑ NE
c. W liat is the estimated volume that reached waters of the State (gallons)?
U.1vl owN
d. Does discharge bypass the waste management system'? (If yes, notify DWQ)
Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑Yes
l\TO
❑ NA
El NE
�. Were there any adverse impacts or potential adverse impacts to the Waters of the State.
� Yes
❑ No
❑ NA
❑ NE
other than from a discharge':'
12128104
Crnrihmed

Facility Number: Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Pennit readily available? El Yes. ❑ No ❑ NA NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA NE
the appropriate box. ❑ WUP ❑ Checklists ❑ Design El Maps El Other
21.
Does record keeping need improvement? If yes, check the appropriate box below. -
❑ Yes
❑ No
❑ NA
�KNE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis
❑ Waste Transfers
❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑
Weather
Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
❑ No
❑ NA
NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? El Yes
El No
❑ NA
NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
jkfNE
25.
Did the facility fail to conduct a sludge surrey as required by the permit?
❑ Yes
❑ -No
❑ NA
4NE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
❑ No
❑ NA
�fNE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
❑ NA
EfNE
Other Issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes ❑ No ❑ NA �d NE
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
NE
and report the mortality rates that were higher than normal?
30. At the tune of the inspection did the facility pose an odor or air quality concern?
❑ Yes
O�No
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately
31. Did the facility fail to notify the regional office of emergency situations as required by
V Yes
❑ No
❑ NA
❑ NE
General Permit? (le/ discharge-, freeboard problems, over application)
32. Did Reviewer/Inspector fail to. discuss review/inspection with an on -site representative?
El Yes
El No
NA
El NE
33. Does facility require a follow-up visit by same agency?
Yes
❑ No
❑ NA
❑ NT
1T 0GF ti 53oA0-"- tHEy,,A,Ap I.,�,AS IVC37- aN ALL-Q7iiEwn-NE LOPS 6 Tp
513o1ro
(it 3 &CT- -114E 1N're-GiliT�0C-THE D11c�wA�� . ALTER LEA/.C!& i N�(�u►`�(t] (Lu)v ALL Q)dQT
N�SiAgU%GDC) PV j.,V L-Q(,GCW V C."00) wf ID" r�Lra(100A/ —714C 1=A41w.RCC- ErUFtl
� a F 9-41N c uee H 1614 f . THE P�+�+� wa5 cc»v�vEcTC� ;� A u�,_j A►u � tp e j tic .
1 c�oSSE� A LOQ"C_ OtTcHJ LOGA PAS7 TMr�taEA�6FJ�SMActD1TCN)_THC
Q � � � {y�, E wflS NUt
FMn WAS �1MCI 1� THs< rELt� IS �4tor� SMALLi�i LNG a C
t4o3,c_en Lp -To q c_ , i H E G G ov" 14 ►+ C CA � a F 7 l4 C el PC LOPS IVO
P15TuQc� f� so �� �QC)r,n � uuRS 9CL,9�1 vEL slow. p�1©-S,�t� w� �
�in1C—1nt+<o2rKE1� MR. LOAN'THATSAA4PLES NEL-�ED
'�U 5 icxtE ;O 6Ei tcE i_Oq SAny P ; BRA OoZ- ►fit~ waS s��t rib
to C3C Got L�Gi �c% at l I44T 1.4E HCC-1DG.Z3 TC COS T 7 H15
R�FZE4DL Lvw iN Qo�UCA i
FEcA� CoLtEottM i KJ�1ra- NOg
f}hrA L C i� 1roCZ 1
rl
Icrp1SCNr�RcE pCcuQREb
yo ,.�P14-C ftR-ST Sgµ�cEt.aRS co��CCTE�@ tl a
1IESA�n(�cES w _E q LgpC cFGe uC trA63 rawoP,� `a� ANAct�sIS.
Pa- e3o'3 12/2$/04

Type of Visit Xcompliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint Follow up 0 Referral 0 Emergency 0 Other ❑ Denied Access
Date of Visit: IO S /d Arrival Time, ® Departure Time: ® County:
t.�rto
Farm Name: %V 7NEt2s Owner Email:
Owner Name: _1izjC_)uk+ ccaE�A sLow4 Phone:
Mailing Address:
Physical Address:
Facility Contact.: Title: Phone No:
�Q r S�OAN
Onsite Representative: integrator:
Certified Operator:
Back-up Operator:
Operator Certification Number:
Back-up Certification Number:
Region:
Location of Farm: Latitude:' D e=, 0 Longitude: 0 0= 4 0
is .w.-e'x --c-.}_ � .F- i ,'. y �+r4-i. Sad fi+.aM
fi;r- 2i' •�''°d '.- "'''7 d'.�-'?'�_ Sw�a^r':' `r',y+ °1.1^"r's,,. 3a"h Y
oCpuu�rraehngt��•- � �s
,eS
ini. phJo
u;
❑ Wean to Finish c', ElLa er 0Dairy Cow
�-L ❑ Wean to Feeder ❑ Non -Layer
❑ Dairy Calf
tz ❑ Feeder to Finish = ❑Dai Heifer
❑ Farrow to Wean ;� ,� ��� � �� �#�����,� ❑ Dry Cow �•
❑ Farrow to Feeder I' ❑Layers ❑ Non-Dai
_ �- ._ . .
❑ Farrow to Finish ❑ Beef Stocker t
<❑ Non -Lavers 1
El Gilts
❑Beef Feeder
El Pullets
`
❑ Boars z', ❑ Beef Brood Cow]_ K
s a Turke s c_ ,`,- r
Other� r x , tgx ; F` `ti y �M max` — �"° Y � � "`�•;
e .. ❑ Turke 1?oults
❑ Other t- ❑ Other
Discharg,Lls!SE Stream impacts
1. Is any discharge observed from any part of the operation?
❑ Yes
0No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
❑ Yes
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters ofthe State? (if yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
c. What is the esiimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system`.' (If yes. notify DWO)
0 Yes
❑ No
❑ NA
❑ NFE
2. is there evidence of a past discharge font any part of the operation?
❑ Yes
*10
❑ NA
❑ NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
❑ Yes
X-N',)
❑ NA
❑ NE
other than from a discharge'?
12128104
Crmlfnued

Facility.Number: 1 Date of Inspection /0
_Required Records &_Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA gNE
20. Does the facility fail to have all components of the CAW -MP readily available? If yes, check ❑ Yes ❑ No ❑ NA [(NE
the appropriate box. ❑ WUP ❑ Checklists ❑ Design El Maps El Other
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA 9NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking , ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑.NA J� NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
NE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
❑ No
❑ NA
[ NE
`qNE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
❑ NA
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA
aNE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
L'�rNE
and report the mortality rates that were higher than normal?
30_
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
NNo
ElNA
ElNE
If yes, contact a regional Air Quality representative immediately
31.
Did the facility fail to notify the regional office of emergency situations as required by
❑ Yes
i� No
❑ NA
El NE
General Permit? (le/ discharge, freeboard problems, over application)
32_
Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
❑ No
4 NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
Yes
❑ No
❑ NA
❑ NE
LACCy-W r,—j4C,7 , k,.�)p��. f�
-v LvL-ic-s tINTpF THE w�LL'S
1 F+�� LA-COCW I S STl LL � i 1� 1� i H C W L_OES i QAGZ i p F ilk wA L L
� SI�I T Loo►� cm-c- ti 1 ccqLA(_� mAtNi ArN. MACH MURF
L.001 rnt A'
aF
TO fee c Qa41 S r T�4 A S c i � oN
�0a�.lCCIC ON q_,:AQM c., 'AjTIL QAGr-- !N 1C) GC)�(�LIl4J�1C
Pagc 3 of _ 12128104

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director . Secretary
October 7, 2010
CERTIFIED MAIL 4 7006 2760 0003 3528 9356
RETURN RECEIPT REQUESTED
Mr. Troy M. Sloan
Sloan Brothers Farm
1705 S NC 1 I 1
Chinquapin, NC 2852.1
subject: - Notice of Violation and
Recommendation for Enforcement
Case # NOV-2010-DV-0344
Sloan Brothers Farm
Facility Number: 31-655.
Duplin County
Dear Mr. Sloan:
This is to notify you of violations of Swine Waste Management System State General Permit
AWG100000 issued on October 1, 2009 under Certificate of Coverage AWS310655.
On September 30, 2010, in response to complaint, Ms. Amanda Gaines from the Wilmington Regional
Office of the Division of Water Quality performed a compliance inspection of your animal operation
and the animal waste management system serving your operation.
From the inspection, thefollowing violations to State General Permit AWG100000 were
documented:
Inadequate freeboard level
Freeboard level of twelve (12) inches was observed.
This is in violation of Condition No. V. 2 of the General Permit that states in part, "At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1)
foot of structural freeboard..."
Wilmington Regional Office
127 Cardinal Drive Extension'Wilminglon. NC 2840S
Phone: [phone] FAX: [phone]
Internet: vvww.ncwater unlit .or
One
NorthCarol ina
An Equal Opportunity/Affirmative Action Empioyer
SOm ReCyc1c-d/1090 Post Consumer Poper
Customer Service 1-87 7-623-6748

Mr. Troy M. Sloan
Notice of Violation and Recommendation of Enforcement
31-655
October 7, 2010
Page 3 of 3
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 Caroling General
Statute 143-215.6 A(a)(2).' You may also be as 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 take further action in this matter including injunctive
relief and permit revocation.
If you have any questions concerning this matter, please do not hesitate to call Ms. Amanda Gaines from
the Wilmington Regional Office at 910-796-7327.
Yours very truly,
Charles F. Stelunan, Ph.D., P.G.
Environmental Program Supervisor III
Attachments
cc: Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
John College, DSWC-WiRO
APS Central Files
DWQ Wilmington Animal Files 31-655
S:1WQS1AN1MALS\DUPLU\2010\31-655NOVREF

ANALYTICAL & CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way - Wilmington, NC 28405
[phone] (Lab) • [phone] (Fax)
710 Bowsertown Road - Manteo, NC 27954
[phone]
NCDENR: DWQ CERTIFICATE #94. DL5 CERTIFICATE 937729
NCDENR-DWQ Date of Report: Oct l 1, 2010
127 N. Cardinal Drive Ext. Customer PO #:
Wilmmington NC 28405 Report #: 2010-09874
Attention: Amanda Gaines Report to: Amanda Gaines
Project ID:
Lab ID Sample ID: 31-655-1 Collect Date/Time Matrix Sampled by
10-24804 Site: 9/30/2010 11:40 AM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA 351.2 1.6 mg/L .10/07/2010
Fecal Coliform SM szzzo MF _ 14000est Colonies/100mL 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2 0.03 mg/L 10/01/2010
Nitrate+Nitrite-Nitrogen EPA 353.2 0.53 mglL 10/0612010
Nitrate Nitrogen Subtraction Method 0.50 mg/L 10/11/2010
Lab ID Sample ID: 31-655-2 Collect DatelTime Matrix Sampled by
10-24805 Site: 9/30/2010 12:15 PM Water Amanda Gaines
Test Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA 351.2 38.1 mg/L 10/07/2010
Fecal Coliform SM 9MD MF 280000 Colonies1100mL 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2 0.19 mg/L 10/0112010
Nitrate+ Nitrite -Nitrogen EPA 353.2 0-14 mg/L 10/06/2010
Nitrate Nitrogen Subtraction Method <0.02 mg/L 10111/2010
Lab ID . Sample ID: 31-655-3 Collect DatelTime Matrix Sampled by
10-24806 Site: 9/30/2010 12:25 PM Water Amanda Gaines
Test
Method
Results
Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
11.3 mg/L
10/07/2010
Fecal Coliform
SM 9222D MF
27000 Colonies/100mL
09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen
EPA 353.2
0.16 mg/L
10/01/2010
Nitrate+Nitrite-Nitrogen
EPA353.2
3.39 mg/L
10/08/2010
Nitrate Nitrogen
Subtraction Method
3.23 mg/L
1 0/11/2010
Rpn ,i v.- 9n1n_n9R74 - Page t of 2

ENVIRONMENTAL CHEMISTS, INC 602WIn OFFICE.mill 92-0223 Way WilmI gton, C290
92-4424
Analyticat & Consulting Chemists NCDENR: DWO CERTIFICATION N 94 NCDHHS: DLS CERTIFICATION # 37729
COLLECTION AND CHAIN OF
CLIENT: LV C-D C—)VP-- Dwa — Ap PROJECT NAME: 3) -Cb S S _ _ ._ _ r `REPORT NO:
ADDRESS: 19-4C_49-D114,4 ty—T CONTACT NAME:_ M4NDA CAlVi2S PO NO:
_ i1 c•�, %IVanx� ,yC o2l��GS REPORT TO:.CH nq-L6 S rC NM J4� PHONEIFAX: �110 " G �►�
� Sd-
COPY TO:
E-MAIL:
Sampled Bv: Ard4wog 6;,giNr C RAUDI 1` TVDC• I n InA„an! C � Ftfliinn4 W m Mrnll QT - Qr., .. On n C-11 QI — rltkan
Sample Identification
Collection
rEn
a
o cs
Sla
g
a.
"
c,
c
9.
"
kx
g�
g?
z
PRESERVATION
ANALYSIS REQUESTED
Date
Time
Temp3
o
Z
s
x
$
o
o
o
r}-G�
l5,
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NOTICE • DECKORINATION: Samples for Ammonia. TKN. C anlde, Phenal and Becterta must be dechiorinated (0.2 ppm or less) In the field at tha Limo of collection. see reverse for instructions
Transfer
Relies wished B :
Daterrime
Received By:
Daterrime
1.
2.
Tsmperature when Received: , ).—. Accepted:y
Delivered By: • _.� _ _ _ _ _Received By:
Comments:
Resample Requestea:
Date: - D - 727^ Time: ti < [:>
TURNAROUND-

10-29-'10 09:06 FROM -Murphy Brown/Warsaw -910 T-072 P0002/0002 F-247
Murphy -Brown LLC
October 28, 2010
Amanda Gaines
Division of Water Quality
127 Cardinal Drive Extension
Wilmington. NC 28405
Ms. Gaines,
PO Drawer 856
2922 Hwy. 24 Wcat
Wa=w, NC 28398
Tel: [phone]
Fax: [phone]
I am writing this letter in response to the Notice of Violation/ Notice of Intent issued on
October 7, 2010 to the Sloan Brother's. permit number AWS310655 in Duplin County. This
NOV/NOI references (1) inadequate freeboard, (2) Failure to notify the Division of Water Quality
of inadequate-fireeboard and (3) Discharge of Animal Waste to waters of the state.
In reference to item (1) on 9/26/2010 for the lagoon in question, the freeboard level was 26".
Within 3 days, we received approximately 20 inches of rainfall, which is substantiated with the
rainfall records. Item (2) references our Failure to notify DWQ of inadequate freeboard. This is
a true statement, however, extremely large rainfall amounts in an extremely short period of time.
On Wednesday, October 29 approximately 5 or 6 pm, the lagoon in question was at 19". Capon
returning from church around 8:30 or 9:00, Cory went to check the lagoon and realized that
because of a low spot in the lagoon, and the large amount of rainfall. the lagoon freeboard was
approaching 12". With the rain still falling, and the need to protect the integrity of the lagoon
dike, water was pumped to maintain the freeboard level. Therefore, the lagoon in question was
not in crisis until late Wednesday evening and early Thursday morning, DWQ representative
Amanda Gaines was at out site by 9:30 — 10:00. The period of time in question, is very short, less
than 12 hours, and we had every intention of notifying DWQ that morning to report the
inadequate freeboard, instead a neighbor simply beat us to the phone call. We also did not realize
that we could call and report the freeboard overnight. To prevent this from happening again, we
have teamed that we can call and leave a message overnight. One more note on this item is that
our equipment bad been broken down and in repair on 2 separate occasions during the summer
months. Item (3) is somewhat covered above, we pumped to maintain the integrity of the dike.
The low point in lagoon will be built back up and a new lagoon freeboard gauge will be installed.
I ask on behalf of Sloan Brothers that the Notice issued, bz reconsidered. If there are any further
questions or concerns, please feel free to call me at [phone].
din cercly,
gtx7
Corey Sloan

11/08/2010 14:00
910-324-4457
FOUNTAIN AUTO SERVIC
PAGE 01

11/08/2010 14:00 910-324-4457 FOUNTAIN AUTO SERVIC PAGE 02
A
Amount of Waste Produ Year Monsetc.
2448 animals X 1.99 (tons) waste/animallyear = 4,651.2 (tons) r lyear.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
2448 animals X 2.3 lbs. PAN/animal/yeer = 6,630.4 lbs. PAWyew. (PAN from N.C.
Tech. Guide Std. 633)
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 manna►
The following acreage will be needed for waste application based on the crop to be grown and
surface application_
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Lbs. N Acres Lbs. N Month ad
it No. Tvne Per Acre Utilized Aovlication
T7480
4
NoA
Bermuda GSH
280
6.27
1756.6
M t.
T7480
-4
NoA
Small Grain
50
6.27
313.5
irl
T7480
5 6,7
NoA
Bermuda G8H
280
e.36
1780.8
March
T7480
,5,6,7
NoA
Matua G
156
6.36
992.16
- A
T7480
3
FoA
Fescue G
150
3.43
514.6
S-N • F-Apdl
T7480
2
FoA
Fescue G
150
2.49
373.5
S-N , F-A it
0
See Narralive on Page 4
0
0
0
0
0
Total 1 18.55 l 5�730.06J
"This N is from animal waste only. If nutrients from other sources suet, as commercial tertilizer are
applied, they must be accounted for_ N must be based on realistic Yield SaeMtion_
NOTE: The applicator is cautioned that P and X may be over applied while rneetirrg the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients.
This plan only addresses Nitrogen.
P-3(
ge 2

11/08/2010 14:00
FORM FRso-9
910-324-4457
FOUNTAIN AUTO SERVIC
PACE 03
Waste Structure Freeboard and Daily Precipitation Record
Farm Owner po
Clh ro Operator
FaCility Number I
-.._Precipitation
ME
•
t Lagoon lreeboaro is tng difference balween the lowest point of a lagoon embankment and the level of liquid.
For lagoons w,m spillways, the difference between the level of I'auid and the Dollom of the spillway should bs recorded.
2 Freeboard plus availabie storage capacity must be reeorcied at least weekly.
3 Rainfall must be recorded for every rain event 31W2003

11/08/2010 la: oa
PAGE od
910-32a-a457 FOUNTAIN AUTO SERVIC
W,'1,9t(,' SU'LICILIr� ari,l Daily ProldL )lt.4110r' Record
I

- .,....... b ­ . —Ulu
One Form tot Cach Field per Crop Cycle
U')
m
Lt!
C7
U
H
CY
(n
a
D
a
z
H
a
z
0
(L
[n
Nr
Q
[
CA
cyl
cn
7rJG u �eChik FEpr_,Iiey'4t.11'Der`1
FrPlO S,ee (w'Elled aueS) = 1A)
Farm: Ownp< I+ngarrcn OiTI°rdioe
Owner s Ac6ress irn,gxl.ptn Oottalors i
A4UreS5
O-tTc,. Phnne. A -C�[R.ralW!, primp P
From WasreUrO•+at-on plAn
C,Iop 11
'Ue i Rp(;a-nmergpd PA;-1 —�
S • �-p�+rsts d
1 .OaC�ng SILvaC�El = 16r
[31 {nl
1, 1ht7n '
-T Yolurr — �Y PAN A-ppimeii I-V(E..ger.
L:lgoon C1a[e Sleri Enzi TOW A a( Fra.. lolal vol, a* per Ac:g I Yd;,51r Anelys-s 1 (IC1a-rej Rdtan{e Y1'pa.�? I n1poC+o�S
10 r^uNr36+yrj l,•�C lnnP 7rLrn�leS SC-nklP `. R?q: IPl[or:SI rO acrel i PAY' Lq-, lr�] [1U+SCle! E we J} jin•:,d!5]
1.31 - M Ote!a..ny lgalrm,n) {tii j- (51 f I41 1F; I (A1 . [VICOJ pal'. 1{i{l0 (S. e'JI 1
If OZ Ir -1 � 70o 12M4 /-1 7.0 413
. �. 3.—__
C�-o ' n fit? _ ` t 115' 10 ` �73 1 _ 3
�C3o o0 ` 9-0 1 11r fo.7e7v �71T J,2
i ;qv73� 7
• �� 11;AD t r30 °)a [ 1 !!sue ;L73? 1•a- 3. 2gl
/Gb _1 ;L11a 10 /0 3510 I.2 73 S' 41 0-
d cad -- 11 r/ n) rd 12 73 g 2 I w---
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- Ceel;e� ace�tor (Pr
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CV
• Pefw.g5 ccallolel:ntg mf- or,93,aon msDeciion5 musl !/111,31 IU S!ge1 i�y [hal .n%DECOOrnS wel P GDrng1E'Ir,(j al Ie;jr• c-vt r- I tL�
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r.
FORM IRR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
a
aL
Zone A Facility Numter
Field Size (wetted acres) = (A)
Farm Owner frrilgation Operator
Owner's Address Irrigation Operator's
Addfess
Owner's Phone #! Operator's Phone #
From Waste Utfflsation Plan
Crop Type e- Recommended PAN ? O
Cr' Loading (lb/acre)
(1) (2) (3) (4) (5) (6) _ (71 (8) M (10) (7t)
...
ONE
Applied
. :
NitrogenPAN
Total.
Minutes
Sprinklers..
.
.
,
���
• r
� ram
�����
� r�r����_�����-�
v Owners Signature Operators Signature
Certified Operator (Print) Operator's Certification No.
m ' NCDA Waste Anaylsis or Equivalent. At a minimum, waste analysis is required within 60 days of land application events.
m" Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) fallowing each Irrigation event.
mEnter nutrient source (ie. Lagoon/Storage Pond t0, commerical fertilizer, dry litter, etc.)
m
12120106

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FORM IRR-2 Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Zone q Facility Number 0
Field Size (wetted acres) = (A) � -
Farm Owner Irrigation Operator
Owner's Address Irrigation Operator's
Address
Owner's Phone # Operators Phone #
From Waste utirizetion Plan
Crop Type 14f
� �, �� � Recommended PAN � d
Loading Qbfacre}L—�
CJ
(1) (21 (31 (4) (5) (6) (T) (8) (9) (10) 1f11
10HUMEN
. - -
Nitrogen
Vol, rn
rANF-2NW0`s,�rc.MW�w�inF
�
sll�
7 _ _ _ .
�firlw;mff
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�
rr
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r��
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frrr���rr.���■■��C�x�arz�
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terr.
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��sr��r��■u�rra�
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L�
4 Owners Signature Operator's Signature
Certified Operator (Prinl) Operators Certification No.
m ` NCDA Waste Anaylsis or Equivalent. At a minimum, waste analysis is required within 60 days of land application events,
Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) (mm column (11) following each Irrigation event.
m"Tnter nutrient source (ie, Lagoon/Storage Pond 1D, commerical fertilizer, dry litter, etc.)
m
12/20106

ij FORM IRR-2 Lagoon Liquid Irrigation Fields Record
a One Form for Each Field per Crop Cycle
c>_
Zone p Facility Number
Field Size (wetted acres) = (A)
Farm Owner Irrigation Operatar
owners Address Irrigation Operators
Address
Owner's Phone It Operator's Phone k
r`
Ln
v
i
N
m
i
m
m
From Waste Utilization Plan
Crop Type Recommended PAN
C 0ou1'&.t I Loading (lblacre)O
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (1i)
Waste Analysis
AppliedVolume PAN
(lblacre)
,.:
Total Volume
per Acre
�rvj%
Iff
Via
iambi/MMWJJUNME&MMIRK
M
FM. M,
• ' MWli
MXIA
Affin
�r
worn-
iL w, P, "m
rvwmwr
�
�G�%3►��r
�i
����
Crop Cycle Totals = ( I
m
m
Owner's Signature 0perator's Signature
Certified Operelor (Print) Operator's Certitleation No.
m ' NCDA Waste Anaylsis or Equivalent. At a minimum, waste analysis is required within 60 days of land application events.
m " Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) followirig each irrigation event.
c "'Enter nutrient source (ie. LagoonlStorage, Pond ID, commerical fertilizar, dry litter, etc.)
12/20106

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Orle FOrrn (Ur CaCh Field ae! Crop Cycle
ci
m
Ld
Q
iL
AiI 3 ?' 6S
7 rur.l a + FtE+l(S H iyClldy Nr,enhe•
F�Id S't£ j.*lied awes[ _ (A} A
FarmCn ner I t.rrg2l:On Op�1Iattar
Owner's Apdoe5s � :flitpliun Ooelatm-s I
Adore ss
I
Owner's Pher+e a —
7�p.ralprs Pht-.*e d i
I
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iT',
M 191 "I.91
I'll
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]n il�uli'yt
PA..V
11 i��yslt
1
h
Lay<yjn Date
Slorl I( E..-v 1
tol SI
4 UI
flow
1plal vrntj—,v
Pee AC*e
I vi'sir An61y5'5
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iD j+N-Mney:i
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f me
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1 AWL
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41 6,1v—
qA.6
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Z l� �or3s'o �.lyd 1� . �--
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5'ta
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CV
\ F-erScnS epmplehng ;he vrl3ahDn impe::LOr's fnuSL rnmal w Sign
'he [Dal .n SpPC GODS welP I:C n>plt•I@Q a1 lHaT•1 every 1 )p m,ru+'¢S
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- 4
1`
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 7, 2010
CERTIFIED MAIL # 7006 2760 0003 3528 9356
RETURN RECEIPT REQUESTED
Mr. Troy M. Sloan
Sloan Brothers Farm
1705 S NC Ill
Chinquapin, NC 28521
Dee Freeman
Secretary
Subject. Notice of Violation and
Recommendation for Enforcement
Case # NOV-2010-DV-0344
Sloan Brothers Farm
: Facility Number: 31-655
Duplin County
Dear Mr, Sloan:
This is to notify you of violations of Swine Waste Management System State General Permit
AWG100000 issued on October 1, 2009 under Certificate of Coverage AWS310655.
On September 30, 2010, in response to complaint, Ms. Amanda Gaines from the Wilmington Regional
Office of the Division of Water Quality performed a compliance inspection of your animal operation
and the animal waste management system serving your operation.
From the inspection, the following violations to State General Permit AWG100000 were
documented:
I Inadequate freeboard level
a
4 Freeboard level of twelve (12) inches was observed.
This is in violation of Condition No. V. 2 of the General Permit that states in part, "At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1)
foot of structural freeboard..."
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28.405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterqual1tv.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarof ina
Naturally
Customer Service 1-87 7-6 23-6748

Mr. Troy M. Sloan
Notice of Violation and Recommendation of Enforcement
31-655
October 7, 2010
Page 2 of 3
2. Failure to Notify
The Division of Water Quality was not notified that the freeboard levels in the lagoon were not
in compliance.
This is in violation of Condition No. III. 13 of the General Permit that states in part, "The
permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24 hours following first knowledge of the
occurrence of any of the following events:.....c. Failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in Condition V.2. of this General
Permit...."
3. Discharge of Animal Waste into Waters of the State
During the September 30, 2010 inspection, Mr. Corey Sloan admitted that he had pumped out of
his lagoon into his field via his irrigation pump and an aluminum pipe in an effort to maintain the
integrity of the dike wall. '
This is in violation of Condition I.1 of the General Permit that states in part, "Any discharge of
waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach surface
waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or
through ditches, terraces, or grasses waterways not otherwise classified as state waters....."
The following information must be received by the Wilmington Regional Office, Division of Water
Quality within 15 working days of the receipt of this notice.
Response requirements are listed as follows:
a. A written explanation of the violation.
b. A written description of the actions to be taken to prevent a recurrence.
c. Rainfall data and freeboard levels for the 2010 calendar year
d. A copy of the Waste Utilization Table from your CAWMP listing the cropping system and
PAN rates for each field.
e. Irrigation records for the 2010 calendar year.
You may wish to contact your County Soil & Water Conservation District Office, County Extension
office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able
to provide.

. PIr. Troy M. Sloan
Notice of Violation and Recommendation of Enforcement
31-655
October 7, 2010
Page 3 of 3
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 143-215.6 A(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 take further action in this matter including injunctive
relief and permit revocation.
If you have any questions concerning this matter, please do not hesitate to call Ms. Amanda Gaines from
the Wilmington Regional Office at 910-796-7327.
Yours very truly,
Charles F. Stehrnan, Ph.D., P.G.
Environmental Program Supervisor III
Attachments
cc: Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
John College, DSWC-WiRO
APS Central Files
DWQ Wilmington Animal Files 31-655
S:IWQSIANIMALSIDUPLIN12010131-655NOVREF

�r-
For delivery Information visit our wehsite at www.usps.comlo
CO
ru Postage $
u7
M Cortitled Fee "1 �Q
m RMrn Receipt Fee vC �� r'�N� e
t7 (Endorsement Required) '�'/ °re
CCRestricted Delivery Fee p y
(Endorsement Required) 0 `
rk
.A Total Postage &Fees $ __����!!
ru
ser,r To jg9LA N1 _. S c.oaly5-----------
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----------------- -- --- ---------------------------------------------------
f— C.try, Sainte. Z1P+4 -
Cui.vcu,4vlM:'/Ue 9)259)

.FacilttyNumber �) � (955
l Xi'
Divishinnof;
pivision of
Other:N"'
s _ w . ;
Type of Visit X Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit O Routine )0 Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access
Date of Visit: f(, Arrival Time: �Departure Time- C] County: L--1 Region:
Farm Name: _ �wAr� �iR�T�IE� S _ Owner Email:
f �-A
Owner Name: A/ Phone:
Mailing Address:
Physical Address:
Facility Contact: Title:
Onsite Representative: ��Q ��-�1 S—op-Al
Certified Operator:
Back-up Operator:
Location of Farm:
Phone No:
Integrator:
Operator Certification Number:
Back-up Certification Number:
Latitude: E__1 o = I = Longitude: = ° =
Design Current " ` Design Curt renDesrgn Curr1ent
Swine Capacity ;Population Wet Pooltry Ica aci Po ulation Cattle Ca aci Po ulationf
❑ Wean to Finish kill ❑ Layer I Dairy Cow
El Wean to Feeder 10
Non-Layer ❑ Dairy Calf
❑ Feeder to Finish ❑Dai Heifer
❑ Farrow to Wean D_- Poultry ',x� ❑ D Caw
°.
' ❑ Farrow to Feeder, ❑ Non -Dairy
❑ Farrow to Finish ❑ Layers
❑Beef Stocker
❑ Gilts ❑ Non -Layers
]] El Beef Feeder
Pullets
❑Boars ❑ Beef Brood Co
❑ Turkeys
❑ Turkey
Poults
❑ Other
� ❑ Other Nunn er of Sctrutures:
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Yes
❑ No
❑ NA
❑ NE
Discharge originated at: ❑ Structure 0Application Field ❑ Other
,
a. Was the conveyance man-made?
Yes
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
Yes
❑ No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
"KoW N
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
No
❑ NA
❑ NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
Yes
❑ No
❑ NA
❑ NE
other than from a discharge?
12128104
Continued

Facility#Number: — IrJ5 Date of Inspection
. Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
'a. If yes, is waste level into the structural freeboard?
Structure 1 Structure 2 Structure 3 Structure 4
Identifier: LACOCYN
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
(ie/ large 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?
0 Yes ❑ No
❑ Yes bi No
Structure 5
❑ NA ❑ NE
❑ NA ❑ NE
Structure 6
❑ Yes No ❑ NA ❑ NE
❑ Yes No ❑ NA ❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate puhlic health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes W No ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes �(No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require ❑ Yes [N No ❑ NA ❑ NE
maintenance or improvement?
Waste Aoolication
10, Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA NE
maintenance/improvement?
11. Is there evidence of incorrect application? if yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA �fNE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or I0 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
❑ No
❑ NA
LANE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA
[XNE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ?
❑ Yes
❑ No
❑ NA
V NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA
ONE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No
❑ NA
�tNE
Comments (refer to question Explain any YES.ansRers and/or any recommendations or'any other';commen#s
g �.: ..
Use drawtn s: of fa ctlity to better explain situations (use additional pages as necessary) Q
1N QCS(�xSE Tv A Comr- rNoV7 CALLCD ) ^/TO bL-3Q A43OL&7T FAQMr_-;z PuMPIAj 6
.�
ALL t4l HT /N THC- QIN/ AMAAA)A GAn1GSC�J- QpQPA YENNfD (NNSW N i
r(qQ(A. -T H< t I CLb t�Oe( c- LA -IRS S1T-t/,AJFyTWEN w�1 7UEAi�TCU
fr.ClAcffiCC. wAS oNiE,AFiC�fZ l-��AfZ��/C wa�wE wEKE
SCOAN aDMrrrE�TMAT {-iE 4iAb � -)HE -Rk"EHE PO-"/C"R p''ICL`?
Reviewer/Inspector Name QA 11t1 [ Sp Phone: �Cjl l�n3�
ReviewerlInspector Signature: Date: -1 tscy/o
Page 2 of 3 12128104 Continued

•Facilfty Number: — $S Date of Inspection LlL�J
Required_ Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA NE
the appropriate box. ❑ WUP ❑ Checklists ❑ Design ❑Maps El Other
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA [JNE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge? -
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Did the facility fail to conduct a sludge survey as required by the permit?
26. Did the facility fail to have an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other Issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately
31. Did the facility fail to notify the regional office of emergency situations as required by
General Permit? (ie/ discharge, freeboard problems, over application)
32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
33. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ NA NE
❑ NA NE
❑ NA KfNE
❑ NA [ <NE
❑ NA [�fNE
❑ NA DdNE
❑ Yes
❑ No
❑ NA
NE
❑ Yes
❑ No
❑ NA
NE
❑ Yes tANo ❑ NA ❑ NE
V Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No NJ NA ❑ NE
1Yes ❑ No ❑ NA ❑ NE
Additional Comritents and/or Drawings: �..
I T 0E-_ ti cJ3o� 1 t4C y"o`P CaAS No-r arN A4�"�E w - N E c.�A S �R�IxI £ rp •
-
qAC rrECr Z HE JAI rEGF-IT- a(rTHE ';b11cE wAtL . AcTEtt Lf-7-TIli 6 T 4,j:( "mp (lull ALL_ )vI&OT
k4ES'IA0.;0-_'�[J 1INL4GOOK V CMZ)4Eb w�lJ)'��r/�raCC)OAf —il+C FAb1v^RZCCE/UEb,
X +�0F ¢-!}1N csuEkN16)4T. 1 HE PLAtAP wA 5 CONNccrLirD ;G A{ 'M1A'LA tPCJ 7-NE.
1 e`IpSSEi� A uQ"C_ OfTCHJ L"3G l i PAST TµE IACA� GF A SIuALt bJTU4 j THC
P P �.ISf �iZc SMAt�hITCN� i�►�i�IPEL.ASJQ i
EKT) wR5 c�l�C, IN THE �lEtr� I � wAS NGT
ti-IoU1C A c� (I7 To (1€ f_L , I H G Gzc � A` Tw E EN a F T H C P
AtSTuQ�ED so �ca�W 1
w�
,,� clkC — r FosrKE1�� SZoAA1 -THAT SAtPLES NEEpED
-�0 5�C —10 6ET ICE f oC L SA P AC L. 'aS sEcil of
-To (3C Coy.-LEGT E� °t 'l 4LAT 14 _ INf � � cat TAc-r H 1S lN7 � BRA i oR .
Ct>C.L.FL'CEt, S SArkPc�s-rta43E aNAL� Cc: �roCZ FEcA� C cct�R�EDNOg .
PIGTLA S w�Q-�TA1�N OLV SAM�x 11vC+ k' Aa- 0 W4C_Q,C p1S"AGI % OC- 5c
FFE �r1R5T SRMPLE wA S CaU�C[TED� II`+G A'A +TNELAST wa5ca�Ec�66@ 4 PA•.
1VI:S A p4ES w E�LE nQZyPlrb `o(t_ AAA LL:ss i S.
Page 3 of 3 12128104

Facility Number: �..�.__. —j(85 _. Date of Inspection: d !U
Mditionai'Comiuents'ancilor'Drawings
(Y v Sc opN 741A-j- THIS LA.S . L rs I'VI31ArC A AIOV �r mosD L-mgu' 4
Prril EN FotLcEMEJV T. J
1 i 5 �`3E N�1 E6 T+IA-T 7NE SL-aAN B���C2S wERE VER
(apaP _j47 iuE. ct L,L-LIA16 �o HEfla NAuE -)AT-1 �O
A upt h� �}t S S I i�f� iStaXl.
' EEL l
1 1+61CL 1 ME,
A1�N' S �� Q.AIN FELL- �j�N R SHo2T Qr�loD ar~
j)LSC::� (3Eyo7-E� TNT 1 711E L�wFQE�1746 710 SAuE 7+4
wqG� � 1� �HEuwANTEtij =�oVT E 1�L CcTt'`�/N'To -i++E- 4 r, eN
p11�EA LA9-FE ONE 4 -114E t E yAb CCWN6c-17W
��� p���.
�E S
p!� E 1 T N 1E Z S) Gxc 0� 114i E b1-'
4/30/97

Type of Visit Acompliance Inspection O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit O Routine O Complaint XFollowup O Referral O Emergency O Other ❑ Denied Access
Date of Visit: Arrival Time: ® Departure Time: ® County: Region:
Farm Name:�N�HE�S Owner Email:
Owner Name: J:Z3L + Ccgs-Lk Suiw Phone:
1-.
Mailing Address:
Physical Address:
Facility Contact: Title:
Onsite Representative:
Certified Operator:
Back-up Operator:
Location of Farm:
Phone No:
Integrator:
Operator Certification Number:
Back-up Certification Number:
Latitude: = 0 = 1 Longitude: = ° = A =
Swine FIDEsign Current
apacity Population
Design
Wet Poultry Capacity
Current
Population
Design Current
Cattle Capacity Population
❑ Wean to Finish
❑ La er
❑ DairyCow
❑ Wean to Feeder
❑ Non -Layer
❑ DairyCalf
❑ Feeder to Finish
Dry Poultry
Non -Layers
WTurkeys
❑ DairyHeifer
❑ Farrow to Wean
❑ D Cow
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Non -Dairy
❑ Beef Stocker
❑ Beef Feeder
❑ Beef Brood Cow
❑ Turkey Poults
❑ Other
❑ Boars
Other
❑ Other
Number of Structures:
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
other than from a discharge?
❑ Yes 0No ❑ NA ❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ NA
❑ NE
❑ Yes
❑ No
❑ Yes
*0
❑ NA
❑ NE
❑ Yes XNo ❑ NA ❑ NE
12128104 Continued

Facility Number: Date of Inspection (�
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. If yes, is waste level into the structural freeboard?
Structure 1 Structure 2 Structure 3
Identifier: 6001-1.11
Spillway?:
Designed Freeboard (in):
it
Observed Freeboard (in):
Structure 4
5. Are there any immediate threats to the integrity of any of the structures observed?
(ie/ large 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?
[0Yes ❑ No
❑ Yes No
Structure 5
❑ Yes VNo
❑ Yes �No
❑ NA ❑ NE
El NA El NE
Structure 6
❑ NA ❑ NE
❑ NA ❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes [XNo ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require ❑ Yes XNo ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes [:]No. ❑ NA NE
maintenance/improvement? V
11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA XNE
El Excessive Ponding El Hydraulic Overload ❑ Frozen Ground El Heavy Metals (Cu, Zn, etc.)
[--]PAN ❑ PAN > 10% or I 0 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
❑ No
❑ NA ONE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA ANE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ?
❑ Yes
❑ No
❑ NA NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA q\\\NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No
❑ NA XNE
Comments° refer.=to uestion ff Ex lain -an YES answers and/or an" recommendations, or n otli roc mments °''
( 4 ... } P y .. -T _ . Y..� Y.
Use 'drawings of facility to better explain situations (use'additionatpages as necessary)
T"E qj�))o Si7-p_ vts17, rrianrDq AwEg DwC�')q jr_EUiA1 ,
(Ow4� �c,NTRcrE�T SLoA,xl BGtoT S �trni✓Tcyti� r4`1 i NZ Pl LL, w�l�C�t�
i hC- G I C(_b L S �R nl � c� i °� S tlo�-«� B� (��3�� ►`p �
-tC�A-TiaN. i aQ.� 111G � cd o07T w/ � RISQA_'r_� �t
r
Reviewer/Inspector Name Q Phone: 1 10'���
Reviewer/Inspector Signature: Date: 10) slia
Page 2 of 3 12128104 Continued

Facilityl, tuber: 1 Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA gNE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA [XNE
the appropriate box. ❑ WUP ❑ Checklists ❑ Design ❑ Maps ❑ Other
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA 9NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA IVNE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA J ( NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
NE
q
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
❑ No
❑ NA
E
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
ElYes
ElNo
❑ NAE
rN
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA
ANE
29.
Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
�rNE
and report the mortality rates that were higher than normal?
30.
At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
NNo
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately,
31.
Did the facility fail to notify the regional office of emergency situations as required by
❑ Yes
[f No
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems, over application)
32.
Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
❑ No
4 NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
Yes
❑ No
❑ NA
❑ NE
Additional Comments and/or Drawings:
`T64e C_A-Cc C-W d, wAC 7 i llc� c� 10 �L . i
'T Ie c_cx�D+C '::
pTc�
a�rt��� DII���r�chSj g+Ec�cNs) "TtO i 1S THE L A6LSE —IC0.
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c_00V C<k�C. I'f ccJ_A�L3) 01A1�iAlhl MctCH (VLoRF
S Q�} S �_t�L� LOoYL INTO G 1ETTOV6 DuPLAt
gCp,W S'ECTIv Sa�F� D11o(_LCZ
wA(�
T
w Ste`
Iola- C-C>1g71AAeqoC'4cC1C INTO C_0M9LIA-NC_5_:_
t
Page 3 of 3 12128104

!�nvirochem I
SM
ANALYTICAL & CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 28405
[phone] (Lab) • [phone] (Fax)
710 Bowsertown Road a Manteo, NC 27954
[phone]
NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729
NCDENR-DWQ Date of Report: Oct 11, 2010
127 N. Cardinal Drive Ext_ Customer PO #:
Wilimington NC 28405 Report #: 2010-09874
Attention Amanda Gaines Report to: Amanda Gaines
' Project ID:
Lab ID Sample ID: 31-655-1 Collect Daterrime Matrix Sampled by
-10-24804' Site: - 9/30/2010 11:40 AM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
1.6 mg/L
1010712010
Fecal Coliform
SM9222DMF
_ 14000est Colonies1100ml-
09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen
EPA 353.2
0 C T 19 20110 0.03 mg/L
10/01/2010
Nitrate+Nitrite-Nitrogen
EPA 353.2
BY: 0.53 mg/L
10106/2010
Nitrate Nitrogen
subtraction Method 0.50 mg/L
10/11/2010
Lab ID Sample ID: 31-655-2
Collect DatefTime Matrix Sampled by
10-24805 Site:
9/30/2010 12:15 PM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
38.1 mg/L
10/07/2010
Fecal Coliform
SM9222DMF
280000 Colonies/100mL
09/30/2010
Nitrate Nitrogen (Calc)
Nitrite Nitrogen
EPA 353.2
0.19 mg/L
10/01/2010
Nitrate+Nitrite-Nitrogen
EPA 353.2
0.14 mg/L
10t06/2010
Nitrate Nitrogen
subaactimMethod <0.02 mg/L
10/11/2010
Lab ID Sample ID: 31-655-3
Collect DatelTime Matrix Sampled by
10-2480E Site:
9/30/2010 12.25 PM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
11.3 mg/L
10/07/2010
Fecal Coliform
SM9MDMF
27000 Colonies/100mi-
09/30/2010
Nitrate Nitrogen (Cate)
Nitrite Nitrogen
EPA 353.2
0.16 mg/L
10101/2010
Nitrate+Nitrite-Nitrogen
EPA353.2
3.39 mg/L
10/08/2010
Nitrate Nitrogen
SabtractionMethod 3.23 mg/L
10/11/2010
Report #:: 2010-09874 Page 1 of 2

1:Fenvir-ochem
ANALYTICAL & CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 28405
[phone] (Lab) • [phone] (Fax)
710 Bowsertown Road • Manteo, NC 27954
[phone]
NCDENR: DWQ CERTIFICATE #94. DL5 CERTIFICATE #37729
NCDENR-DWQ
Date of Report: Oct 11, 2010
127 N. Cardinal Drive Ext.
Customer PO #:
Wilimington NC 28405
Report #: 2010-09874
Attention: Amanda Gaines
Report to: Amanda Gaines
Project ID:
Lab ID Sample ID: 31-655-4
Collect DatelTime Matrix Sampled by
10-24807 Site:
9/30/2010
12:35 PM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
2.9 mg/L
10/07/2010
Fecal Coliform
SM 9MD MF
28000est Colonies/100mL
09/30/2010
Nitrate Nitrogen (Calc)
Nitrite Nitrogen
EPA 353.2
0.08 mg/L
10/01/2010
Nitrate+Nitrite-Nitrogen
EPA 353.2
3.14 mg/L
10/08/2010
Nitrate Nitrogen
Subtraction Method
3.06 mg1L
10/11/2010
Lab ID Sample ID: 31-655-5
Collect Daterrime Matrix Sampled by
10-24808 Site:
9/30/2010
12:50 PM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
16.9 mg/L
10107/2010
Fecal Coliform
SM9222DMF
42000 Colonies1100mL
09/30/2010
Nitrate Nitrogen (Calc)
Nitrite Nitrogen
EPA 353.2
0.23 mg/L
10/01/2010
Nitrate+Nitrite-Nitrogen
EPA 353.2
6.04 mg/L
1010812010
Nitrate Nitrogen
SubbactiMMethod
5.81 mg/L
10/11/2010
Comment:
Reviewed by:
1�
Repot #: 2010-09874 Page 2 of 2

Analytical & Consulting Chemists
ENVIRONMENTAL CHEMISTS, INC �� mill -0Wilmington, z
-4424
NCDENR: DWG CERTIFICATION M 94 NCDHHS: OLS CERTIFICATION 0 37729
COLLECTION AND CHAIN OF CUSTODY
CLIENT: !uC_p CA12__ DwQ ~ AP PROJECT NAME: 31 _6:j S REPORT NO: O ' �-
ADDRESS' CONTACT NAME: A nAAA1VA 6Q1A16_:S PO NO:
W IL-A&I an-;Q ,NC REPORT TO:_CwlQ"J5 ; S—j&jv" 4XI PHONE/FAX: q 10 -4% � � �tK, 350-.QxtI
COPY TO: E-MAIL:
Sampled By: A014ND.4 1-MESAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST a Stream, SO a Soil, SL = Sludge, Other:
Sample Identification
Collection
a
"
PRESERVATION
ANALYSIS REQUESTED
Date
Time
Temp`
$
,�
c
#
! rw maz' q�
GG
� Q
g 1.5
�
c
G
G
i�aca
c
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
N0710E - DECHLORINATION: samples for Ammonla, TKN, Cyafdft, Phwwl and Swterta must be dechWn8W (0.2 ppm or Isaa) In the OW at the time of colW*m. See srom for Iraftoomi
Transfer
Relin ulah
Daterrime
Received B :
Date/Time
1.
2.
Tlpmpef'ature when Received: Accepted: v Rejected: Resample Requested:
r
Delivered By:_ Received By: �Z_� �1'`�►" Date: - O —T8 Time: lq`�_6EC>
06mments• TURNAROUND:

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pmmvmdaa
Sri+.:
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eriif -mu M bmt of oWSoo m amrt iow a dow —m �. +�� phra record rf of t
aairodim is fp m pfvrid�d an awrwm iwt
!fl' A taro MJww No* ID dmda dbr pa ww MWW by pFl alubmeN it 4Wwe4 aoofpt Mr woMs
asgitie mpd to to [#dwmw fao" obid =me be adOW at life limo of'ooVAmdaa.
7%m mmwb bofdw mom► comoda tuff mono of acid or odw aedve nid poftou* ianmild
dommko . Laborakdo ■s rt9abtd 4 W dow abafriaaie dir arrda mm* m in aidw0 omq*r
w* IWA prrwUm mWatoe aea wbm agsriq and -Aw bodUL J f
mq ob m=W Todd p t am yaw ddis at aloha Am& lanflbr m& wow and molt dial Imandaa
DO 1aYr lib 6Wma m wilimaid Is bald* ba&m aanaadg ermpims as a
vkka r+dm win omw.
1. Add 4-3 prmmdra of d dadit 10 a bode *0 m amid pemwmmt m
2. Afkfr rmiri410 dldrt to Moulin pow bNof lr =46 bft a bode ammakft add m a
pn�radN
9. Tba amsr pl I tj N boi bMw wii AU6 vapie.
TU Labaraby wm vQ* o d doaamaat life dove ngmaerd iebnomdca.
" t aq date a rbaarart Aarirr afumgir wilai ie not wmat argyle ee�rioitiora, �bml ft $m^ or rrMmodim.
•,
- � . -`. `.: -.:.rtq�iair�`• dtr lioertioirr snr wily dr. wepli ais�Ear ar �.c �d ry+n iotlrr ■spit dpa�lt a'i�
_• � *brl�e ff�. Aad lit Liae��•afeft Ilmw � l.�iarsor�.rart mWo erd awa er. *wow wo > Amok* ! i �■�s
Am* a moomm &mft aetONOW MO&M 2*0 fa prWW dk Aa6iw• lbr i�rrr Vim} ;W nodAodoo
w

Analytical & Consulting Ch mists
ENVIRONMENTAL CHEMISTS, INC U°�E ;�'"��IF'g�gz.�
NCOENR: DWQ CERTIFICATION / 9/ NCDHHS: BLS CERTIFICATION al 9T729
CLIENT: C- p C Q-'� p 4� � _ — _ PROJECT NAME: 3) -6 S S REPORT NO:
ADDRESS: CAKb tuA LDLt- ilxi CONTACT NAME: jqA44NoA C' ryul-S PO NO:
W ltrµi�vGf ��rtlGS REPORT TO: CHQCL1 � S-I&O" 4X✓ PNONEWAx: 910 '4qL --m4j it, 3Sb-�pxc
COPY TO: E-MAIL:
Sampled Bv: AMAA104 G A 1N&& SAMPLE TYPE: l s Muent E a Eflluestt. W = Well. ST a Stream. 80 a Sall. SL a Sludge_ other
mm
m
�"ce
�mffil
I
�
_iio�■iiaiii
Tammmlu wen ed• Accepted: Rejected: Resasmpie Requested:
� •rsd 8y arra,m Received By: I''�r � Dante: - D t8 .
� `s• -._ _. _ - _ . _ _ -- — TURNAROUND:

10-29-'10 09:06 FROM -Murphy Brawn/Warsaw -910
.. _ r f1 4 .,
MEMORY TRANSMISSION REPORT
T-072 P0001/0002 F-247
FILE NO.
242
DATE
10.28
13:42
TO
: IR9103502004
DOCUMENT PAGES
2
START TINE
10,28
13:42
END TIME
10.28
13:51
PAGES SENT
0
STATUS
0050
*** TX FAILURE NOTICE
TIME :10-28-'10 13:51
FAX N0.1 :+910
NAME :Murphy Brown/Warsaw
***
• IVturp��iy--� T�/Z
- ]PQ fox 856
ash tr�yy Z-f _v_ om
'�V'ars�scxr, 1�7G �.8398 -
phonC (910) 299-3A3.4
1pgnc [phone]
1Fwu '>C7rwoo>hnitts�] $i>xsa�
�. .
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O•U'rgm>c o 3Fa ,o�. &• Q ]Plerso C4nrnmCm9 10 plvava YLMWAY � iPlssan itnnyale

10-29-'10 09:06 FROM -Murphy Brown/Warsaw -910 T--072 P0002/0002 F-247
Murphy -Brown LLc
October 28, 2010
Amanda Gaines
Division of 'Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Ms. Gaines,
PO Dxawer 956
2922 Hay_ 24Wcst
Warsgw. NC 29398
Tel: [phone]
Fax:[phone]
I am writing this letter in response to the Notice of Violation/ Notice of Intent issued on
October 7, 2010 to the Sloan Brother's, permit number AWS310655 in Duplin County. This
NOV/NOI references (1) inadequate freeboard, (2) Failure to notify the Division of Water Quality
of 'inadequate freeboard and (3) Discharge of Animal Waste to waters of the state.
In reference to item (1) on 9/26/2010 for the lagoon in question, the freeboard level was 26".
Within 3 days, we received approximately 20 inches of rainfall, which is substantiated with the
rainfall records. ftem (2) references our Failure to notify DWQ of inadequate freeboard. This is
a true statement, however, extremely large rainfall amounts in an extremely short period of time.
On Wednesday, October 29 approximately 5 or 6 pm, the lagoon in question was at 19". Upon
returning from church around 8:30 or 9:00, Cory went to check the lagoon and realized that
because of a low spot in the lagoon, and the large amount of rainfall, the lagoon freeboard was
approaching 12". With the rain still falling, and the need to protect the integrity of the lagoon
dire, water was pumped to maintain the freeboard level. Therefore, the lagoon in question was
not in crisis until late Wednesday evening and early Thursday morning, DWQ representative
Amanda Gaines was at out site by 9:30—10:00. The period of time in question, is very short, less
than 12 hours, and we had every intention of notifying DWQ that morning to report the
inadequate freeboard, instead a neighbor simply beat us to the phone call. We also did not realize
that we could call and report the freeboard overnight. To prevent this from happening again, we
have learned that we can call and leave a message overnight. One more note on this item is that
our equipment had been broken down and in repair on 2 separate occasions during the summer
months. Item (3) is somewhat covered above, we pumped to maintain the integrity of the dike.
The low point in lagoon will be built back up and a new lagoon freeboard gauge will be installed.
I ask on behalf of Sloan Brothers that the Notice issued, be reconsidered. If there are any further
questions or concerns, please feel free to call me at [phone].
inoer+cly,
Corey Sloan

1705 S NC 111 Chinquapin, NC - Google Maps
Address 1705 S Nc 111 Hwy
Google maps Chinquapin, NC 28518
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� � t
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Ween H. Sullins
Governor Director
January 28, 2011
CERTIFIED MAIL - 97006 2150 0003 5466 8841
RETURN RECEIPT REQUESTED
Troy.M. Sloan
Sloan Brothers Farm
1705 South NC l I l
Chinquapin, NC 28521
SUBJECT: Assessment of Civil Penalties for Violation(s) of ,
N.C. General Statute(s) 143-215.1
Farm # 31-0655 F��
Duplin County 2011
Enforcement File No. DV-2010-0105
Dear Troy Sloan:
Dee Freeman
Secretary
This letter transmits notice of a civil penalty assessed against Troy -Sloan in the amount of $9,500.00, and
S686.02 in investigative costs, for a total of S10,186.02. 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Please submit payment to the attention of:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
AOUi'FER PROTEKTtON SECTION Gne
HS36 Mail &ervice Gent=_;. Raieich. North Carolina M99-1636 Noi-th Cal )liina
:ocaton: 9 H Caoizai Emu -_var- Raleigh, North CamAna 2760-6 s���L �LL�
Prone: 41�-73'-3221 "FAX is 91=-715-0589 wnv _I: Pci-71� 6W \Cust3mer Sarvice: 1-877�23-6746
internee: vAm.nmateraua4ltv.orc
-:^ (rural (nrnri mitt' � A*nmiaim� q-i,-=r.=mnin�P- .

Assessment of Civil Penalty
Troy Sloan
Enforcement File #bV-2010-0105
Page 2 of 3
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-282.1(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 their 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:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative bearing 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)

Assessment of Civil Penalty
Trov Sloan
Enforcement File #DV-2010-0105
Page 3 of 3
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 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) -or electronic mail by an attached
file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is
required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven
(7) business days following the faxed or electronic transmission. You should contact the Office of
Administrative Hearings with all questions regarding the filing fee and/or the details of the filing
process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
4601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Miressa D. Garoma at (919) 715-693 7.
Sincerely,
tl
i
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles Stehman, Wiimington APS Regional Supervisor a=/ attachments
File m DV-2010-0105 w/ attachments
APS Central Files w/ attachments
Duplin County Health Department

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
TROY SLOAN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND
VIOLATIONS OF GENERAL PERMIT
AWG 100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV-2010-0105
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 1, Theodore L. Bush, Jr., of the
Aquifer Protection Section of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Troy Sloan owns and operates Sloan Brothers Farm, a swine operation located east of
Lyman, North Carolina on the west side of NC Hwy 1821 in Duplin County.
B. G.S. 143-215.1(a) states that "No person shall do the following things or carry out any of
the following activities unless that person has received a permit from the Commission
and has complied with all conditions set forth in the permit: make any outlets into the
waters of the State".
C. Troy Sloan was issued Certificate of Coverage AWS310655 under General Permit
AWG100000 for Sloan Brothers Farm on October 1, 2009, effective upon issuance, with
an expiration date of September 30, 2014. This permit does not allow the discharge of
waste to waters of the State.
D. Condition No. I. 1, of General Permit AWG100000 states in part that "Any discharge of
waste which reaches surface waters or wetlands is prohibited except as otherwise
provided in this General Permit and associated statutory and regulatory provisions.
Waste shall not reach surface waters or wetlands by runoff, drift manmade conveyance,
direct application, and direct discharge or through ditches not otherwise classified as
State waters."
E. Conditioh No. V.2, of the General Permit AWG100000 states that "The maximum waste
level in lagoonslstorage ponds shall not exceed that specified in the facility's Certified
Animal Waste Management Plan (CAWMP)".

,. 3
F. The CAWMP for Sloan Brothers Farm requires that the waste level in the lagoon not
exceed the maximum liquid level of 19.5 inches below the top of the lagoon wall.
G. Condition No. 1I1. 13. c. of the General Permit AWG100000 requires that the permittee
shall report by telephone to the appropriate Regional Office as soon as possible, but in no
case more than 24 hours following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater than or equal to that required
in Condition V. 2. of the issued permit.
H. On September 30, 2010, DWQ staff conducted a site visit in response to an anonymous
complaint received, and observed discharge of animal waste from the Sloan Brothers
Farm onto a field that runs off into a ditch that leads to an -unnamed tributary of the Back
Swamp. The irrigation line was disconnected from the reel and was lying in the field next
to a ditch that drains into an unnamed tributary to the Back Swamp, which are Class C
waters of the State within the Cape Fear River Basin.
I. September 30, 2010, DWQ staff observed that the freeboard level for the lagoon at Sloan
Brothers Farm was twelve (12) inches. The required freeboard level for this lagoon is
nineteen and one half (19.5) inches.
J. The Wilmington Regional Office had not received notification within 24 hours of the first
knowledge of the freeboard violation from Sloan Brothers farm that the waste level
exceeded the level specified in the CAWMP.
K. Troy Sloan had no valid permit for the above -described activity.
L. On October 7, 2010, the Division issued a Notice of Violation/Notice of IntentAo enforce
(NOV/NOI) to Troy Sloan identifying violations of N.C.G.S. 143-215.1 and General
Permit AWG100000. The violations include the unlawful discharge of wastes to waters
of the State, inadequate freeboard level, and failure to notify DWQ.
M. The NOV/NOI was sent by certified mail, return receipt requested and received on
October 12, 2010.
N. The cost to the State of the enforcement procedures in this matter totaled $686.02.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Troy Sloan is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. Back Swamp constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. The
discharge also violated Condition I.1 of General Permit AWG100000.

E. The above -cited failure to provide notification to the regional office violated Condition
No. IH.I3.c. of the General Permit AWG100000,
F. Troy Sloan may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1.
G. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable
costs of any investigation, inspection or monitoring survey may be assessed against a
person who violates anv regulations, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or conditions of any
permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued
pursuant to N.C.G.S. 143-215 2.
H. The Chief of the Aquifer Protection Section. Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of -Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, Trov'Sloan is hereby assessed a civil penalty of:
p1
S Z O For making an outlet to the waters of the State without a permit as
required by G.S. 143-215.1., and in violation of Condition I.1 of General
Permit AW G 100000.
t7
S 1000 For violating Condition No. V.2. of the General Permit AWG100000 for
failure to maintain adequate freeboard in the lagoon.
S 5-08 For violating Condition III.13.c. of the General Permit AWG100000 for
failing to report by telephone to the appropriate Regional Office as soon
as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in Condition
No. V. 2.
c�
5-00 TOTAL CIVIL PENALTY which is i1RIpercent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$686.02 Investigation costs assessed
,va
S 1 b TOTAL AMOUNT DUE

i - . J
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance:
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the.enforcement procedures.
IV. NOTICE:
I reserve the rinht to assess ci«1 penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not vet been assessed.
V. . TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Troy Sloan in
accordance with N.C.G.S. 143-215.6(A)(d).
(Date) le:od]ore L. Bush Jr., Chief
Aquifer Protection Section
Division of Water Quality

MEMORY TRANSMISSION REPORT
TIME :05-18-'ll 08:47
FAX NO.1 :910-350-2004
NAME :DENR Wilmington
FILE NO.
639
DATE
05.18 08:46
TO
S 919103463661
DOCUMENT PAGES
6
START TIME
05.18 08:46
END TIME
05.18 08.47
PAGES SENT
6
STATUS
OK
*** SUCCESSFUL TX NOTICE
Statc o£ Nor1R Carolina - -
- i?cpartment of nnvirc rm ,ant and Natural kwsourc� _
- - V1Tilmington Regional dEfcc -
Baverly Eaves Pcraue, GOV�mor - Dcc Frccman, Secretary -
FAX COVER SHEET
No_ Of Pages: (euctudinQ cover) �J '
Frotrt: ez=- Cre f. r,
FA1C #: O- - FAX#: [phone]
121 C.rJ In �l UrW� 6wt�..+lon. wllmi.. inn. N.C. 20-09-a04A .... pto) 7946_921% a-- (9fo) sao-sooa
An i4u.i y AMr 41— A,&4— Rmplsy-' -

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional.Office
Beverly Eaves Perdue, Govemor Dee Freeman, Secretary
FAX COVER SHEET
Date: 1— o/! No. Of Pages: (excluding cover)
To: er,� From: 21M&AWt, (3-gine-5
CO: CO: NC DENR
FAX #: fO--,344�--,3,6-6/ FAX#: [phone] -, --
REMARKS:
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

„ LV*- WJ�
RDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Troy M Sloan
Sloan Brothers
1705 S NC I I 1
Chinquapin, NC 28521
Dear Troy M Sloan:
Division of Water Quality
Coleen H. Sullins
Director
October 1, 2009
Dee Freeman
Secretary
Subject: Certificate of Coverage No. AWS310655
Sloan Brothers
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
In accordance with your renewal request, we are hereby forwarding to you this Certificate of Coverage
(COC) issued to Troy M Sloan, authorizing the operation of the subject animal waste management system
in accordance with General Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the Sloan Brothers, located in Duplin County, with a swine animal capacity of no
greater than the following annual averages:
Wean to Finish: Feeder to Finish: 2448 Boar/Stud:
Wean to Feeder: Farrow to Wean: Gilts:
Farrow to Finish: Farrow to Feeder: Other:
If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where
boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be
replaced by gilts at a rate of 4 gilts for every 3 sows.
The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void
Certificate of Coverage Number AWS310655 that was previously issued to this facility. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system
for collecting and maintaining the required monitoring data and operational information must be
established for this facility. Any increase in waste production greater than the certified design capacity or
increase in number of animals authorized by this COC (as provided above) will require a modification to
the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please carefully read this COC and the enclosed State General Permit. Please pay careful attention to the
record keening and monitoring conditions in this permit. Record keeping forms are unchanged with this
General Permit. Please continue to use the same record keepingforms.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604 Qpe
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internal: www.ncwaterquality.org /]f JJ nII
An Equal Opponunity 1 Affirmative Action Employer r`+'►"+rally

If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the tern -is and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition 11.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC
National Weather Service office at [phone], or by visiting their website at:
www.erh. noaa-gov/er'mhx/
This facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Aquifer Protection Staff may be reached at [phone], If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
[phone].
S!/ cerel y,
�
for Coleen H. Sullins
Enclosure (General Permit AWG100000)
cc: (Certificate of Coverage only for all ccs)
Wilmington Regional Office, Aquifer Protection Section
Duplin County Health Department
Duplin County Soil and Water Conservation District
APS Central Files (Permit No. AWS310655)
AFO Notebooks
Murphy -Brown, LLC

7
;vlr,-",O.C10n1ti
ANALYTICAL & CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 28405
[phone] (Lab) • [phone] (Fax)
710 Bowsertow-n Road • Manteo, NC 27954
[phone]
NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729
NCDENR-DWQ Date of Report: Oct 11, 2010
127 N. Cardinal Drive Ext. Customer PO #:
Wilimington NC 28405 Report #: 2010-09874
Attention: Amanda Gaines Report to: Amanda Gaines
Project ID:
Lab ID Sample ID: 31-655-4 Collect Date/Time Matrix Sampled by
10-24807 Site: 9/30/2010 12:35 PM- Water Amanda Gaines
Test Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA 351.2 2.9 mg/L 10/07/2010
Fecal Coliform SM9222DMF 28000est Colonies/100mL 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2 0.08 mg/L 10/0112010
Nitrate+Nitrite-Nitrogen EPA 353.2 3.14 mg/L 10/08/2010
Nitrate Nitrogen Subtraction Method 3.06 mg/L 10/11/2010
Lab ID Sample ID: 31-655-5 Collect DatelTime Matrix Sampled by
10-24808 Site: 9/30/2010 12.50 PM Water Amanda Gaines
Test Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA 351.2 16.9 mglL 10/07/2010
Fecal Coliform SM 9222D MF 42000 Colonies/100mL 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen
N iirate+Nitrite-Nitrogen
Nitrate Nitrogen
EPA 353.2 0.23 mg1L
EPA 353.2 6.04 mg/L
SuMction Method 5.81 mg1L
10/01 /2010
10/0812010
10/11 /2010
Comment:
Reviewed by: f6ecy
Report #:: 2010-09874 Page 2 of 2

e�xv�roch�em2
V. x
ANALYTICAL & CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 28405
[phone] (Lab) • [phone] (Fax)
710 Bowsertown Road • Manteo, NC 27954
[phone]
NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729
NCDENR-DWQ Date of Report: Oct l 1, 2010
127 N. Cardinal Drive Ext. Customer PO M
Wilimington NC 28405 Report #: 2010-09874
Attention: Amanda Gaines Report to: Amanda Gaines
Project ID:
Lab ID Sample ID: 31-655-1 Collect Daterrime Matrix Sampled by
10-24804 Site: 9/30/2010 11:40 AM Water Amanda Gaines
Test Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
1.6 mg1L
10/07/2010
Fecal Coliform
SM9222DMF _ _
_ .14000est .Colon ies1100mL
09/30/2010
.._.,.
Nitrate Nitrogen (Cale)
Nitrite Nitrogen
EPA 353.2 O C 7 1 .9 20110
0.03 mg/L
10/01 /2010
Nitrate+Nitrite-Nitrogen
S
EPA 353.2 i r
0.53 mglL
10/06/2010
Nitrate. Nitrogen
Subtraction Method'~ __ -- -
0.50 mg/L
10/11/2010
Lab ID Sample ID: 31-655-2
Collect Datelrime
Matrix Sampled by
10-24805 Site:
9/30/2010 12:15 PM
Water - Amanda Gaines
Test - Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA351.2 38.1 mg/L 10/07/2010
Fecal Coliform sM 9222D OF 280000 Colonies/100ml- 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2 0.19 mg/L 10/01/2010
Nitrate+Nitrite-Nitrogen EPA 353.2 0.14 mg/L 10/06/2010
Nitrate Nitrogen SubtractionMed*d, <0.02 mg/L 10/11/2010
Lab ID Sample ID: 31-655-3 Collect Dateffime Matrix Sampled by
10-24806 Site: 9/30/2010 12:25 PM Water Amanda Gaines
Test Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA 351.2
11.3 mg/L
10/07/2010
Fecal Coliform SM 9222D MF
27000 Colonies/100mL
09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2
0.16 mg/L
10/01/2010
Nitrate+Nitrite-Nitrogen EPA 353.2
3.39 mg/L
10/08/2010
Nitrate Nitrogen Sutnrac5onMethod
3.23 mg/L
10/11/2010
Report #:,. 2010-09874 Page 1 of 2

Environmental Chemists Inc.-'
a i a 34! 6602 Windmill Way e Wilmington, NC 28405
x {910} 392-0223 (Lab) e [phone] (Fax)
© 710 Bowsertown Road e Manteo, NC 27954
ANALYTICAL & CONSULTING [phone]
CHEMISTS NCDEINR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729
NCDENR-DWQ
Date of Report: Oct l 1, 2010
127 N. Cardinal Drive Ext. _
Customer PO #:
Wilimington NC 28405
Report #: 2010-09874
Attention: Amanda Gaines
Report to: Amanda Gaines
Project ID: I
Lab ID Sample ID: 31-655-4
Collect DatelTime Matrix Sampled by
10-24807 Site:
9/30/2010
12:35 PM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
2.9 mg/L 10/07/2010
Fecal Coliform
SM9222DMF
28000est Colonies/100mL 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen
EPA 353.2
0.08 mg/L 10/01/2010
Nitrate+Nitrite-Nitrogen
EPA 353.2
3.14 mg/L 10/08/2010
Nitrate Nitrogen
Subtraction Method
3.06 mg/L 10/11/2010
Lab ID Sample ID: 31-655-5
Collect DatelTime Matrix Sampled by
10-24808 Site:
9/30/2010
12:50 PM Water Amanda Gaines
Test
Method
Results Date Analyzed
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
16.9 mg/L 10/07/2010
Fecal Coliform
SM 9222D MF
42000 Colonies/100mL 09/30/2010
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2 0.23 mg/L 10/01/2010
Nitrate+Nitrite-Nitrogen EPA 353.2 6.04 mg/L 10/08/2010
Nitrate Nitrogen Subtraction Method 5.81 mg/L 10/11/2010
Comment:
Reviewed by: 1 G�

ENVIRONMENTAL CHEMISTS, INC 6602
Wi 91illWay
Wilmington910-NC u5
OFFICAnalytical & Consulting Chemists NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729
COLLECTION AND CHAIN OF CUSTODY
CLIENT:, C--D Cal iZ— DwQ — AP PROJECT NAME: -REPORT NO: 10
ADDRESS: 11�4C ar-DiuAt'-Q6L 51YXT CONTACT NAME: PO NO:
(� I "VC�axu WC ZrLlGS REPORT TO: C/-4QF-L6 S 2Jt=PAA 4XI PHONFJFAX:'1Ip
COPY TO: E-MAIL:
Sampled By: A614ND4 (Sj91NrE-& SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other:
Sample Identification
Collection
m
E
!
!a
3
a
.2
"
o
Z
PRESERVATION
ANALYSISREQUESTED
Date
Time
Temp"
z
a
s
owl
5 b
11 yC7
C
(f)
� �,�
�� 1•S
�
c
G
C
(2)
�ga6
G
L/
V-340
C
C1
D7
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
NOTICE - DECHLORiNATION: Samplaa for Ammonia. TKN, Cyanide, Phenol and ftcterla must be dachlorinated 1012 ppm or Isss) In the fleid at the time of colhicdon. 3eo rareree for In-tn cdons
Transfer
Relinquished 8 :
Date/Time
Received By:
Daterrime
1.
2.
TOmperature
w Accepted: Rejected:
Resample Requested: en Ra
DellveredBy:�
Otiv" _Received By: l'`�t' Date; 0 —701 Time: 1 C.>
Comments: TURNAROUND-