310656_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qual

Beverly Eaves Perdue
Governor
'No a '
INCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
May 4, 2011
CERTIFIED MAIL 7002 2410 0003 0273 8711
RETURN RECEIPT REQUESTED
Timothy L. Smith
Lynn & Annette Smith Farm
2430 NC Hwy 111N
Pink, Hill, NC 28572
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-656
Duplin County
File No. DV-2011-0014
Permit No. AWS3100656
Dear Timothy L. Smith:
This letter transmits notice of a civil penalty assessed against Timothy L. Smith in the amount of
$ 2,767.44, which includes $767.44 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
Dee Freeman
Secretary
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard. Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-715-6048 t Customer Service: 1.877-623-6748
Internet: www.ncwaterauality.org
No rthCarolina
,Xaturallf
An Pm-1 r)nnnrtunity; AffirmPtI— An inn Fmnlnvc

Page 2
Timothy L. Smith
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 Water Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
J. R. Joshi
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the

Page 3
Timothy L. Smith
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the ease number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional
penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact J. R. Joshi at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
Amanda Gaines, Wilriiington APS Regional .Office-w/- attacl m
File # DV-2011-0014 w/ attachments
APS Central Files w/ attachments
Susan Massengale wl attachment

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
TIMOTHY L. SMITH
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG 100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2011-0014
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 Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. Timothy L. Smith owns and operates Lynn & Annette Smith Farm, a swine animal
operation in Duplin County.
B. Timothy L. Smith was issued Certificate of Coverage AWS310656 under General Permit
AWG100000 for the Lynn & Annette Smith Farm on October 1, 2009, effective upon
issuance, with an expiration date of September 30, 2014.
C. Condition I. 1. of the General Permit AWGI00000 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...."
D. On January 6, 2011, staff of the Division of Water Quality's Wilmington Regional Office
responded to a complaint at Lynn & Annette Smith Farm on January 6, 2011 and found
that the back corner of an application field was eroded and there was waste entering the
ditch from runoff. The runoff from the application field entered a ditch and was then
traced to an unnamed tributary of the Cape Fear River. The unnamed tributary is Class C;
SW waters of the State in the Cape Fear River Basin.
E. Timothy L. Smith does not have a valid permit for the above -described activity.
F. The costs to the State of the enforcement procedures in this matter totaled $767.44.

II.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Timothy L. Smith 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 unnamed tributary of the Cape Fear River constitutes waters of the State within the
meaning of G.S. 143-215.6A pursuant to G.S. 143-212(6).
D. The above -cited discharge of animal waste into waters of the state violated Condition 1. 1.
of the General Permit AWG100000.
E. Timothy L. Smith 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.
F. The State's enforcement costs in this matter may be assessed against Mr. Timothy L.
Smith pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. 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:
III. DECISION:
Accordingly, Timothy L. Smith, owner of Lynn & Annette Farm, is hereby assessed a civil
penalty of:
pa a
$ ©� for violating Condition No. I. 1. of the General Permit
AWG100000 by discharging animal waste into waters of the
state.
$ ADO D oa TOTAL CIVIL PENALTY
$ 767.44 Enforcement costs
$2 762 7 77__ TOTAL AMOUNT DUE

As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface 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.
IV. NOTICE:
I reserve the right to assess civil 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 yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Timothy
L. Smith, in accordance with N.C.G.S. 143-215.6(A)(d).
Al
(D e) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL -PENALTIES AGAINST
TIMOTHY L. SMITH
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2011-0014
Having been assessed civil penalties totaling S 2,767.44 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated May 4, 2011, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2011-0014 County: Duplin
Assessed Party: Timothy L. Smith
Permit No. (if applicable): AWS310656 Amount Assessed: S 2,767.44
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is Iimited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143E-282.1 b
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator proMptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (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 will 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 (attach additional pages as necessary):

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 4, 2011
CERTIFIED MAIL 7002 2410 0003 0273 8711
RETURN RECEIPT REQUESTED
Timothy L. Smith
Lynn & Annette Smith Farm
2430 NC Hwy 111N
Pink, Hill, NC 28572
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-656
Duplin County
File No. DV-2011-0014
Permit No. AWS3100656
Dear Timothy L. Smith:
This letter transmits notice of a civil penalty assessed against Timothy L. Smith in the amount of
$ 2,767.44, which includes $767.44 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
Dee Freeman
Secretary
r
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if malting payment.
Please send payment to the attention of:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 MaE[ Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-71M588 FAX 2: 919.715-60481 Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.om
NorthCarolina
Aahma!!ff
An �—rtnaf Onrnrtssnity 1 Af nrnati— tr. inn ;-mrinvor

Page 2
Timothy L. Smith
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 Water Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
J. R. Joshi
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the

Page 3
Timothy L. Smith
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional
penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact J. R. Joshi at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS-Regional' upervisor`w/ attachments
Amanda Gaines, Wilmington APS Regional Office w/ attachments
File # DV-2011-0014 wl attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
TIMOTHY L. SMITH
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2011-0014
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, 1, Theodore L. Bush Jr., Chief of the
Aquifer Protection Section of the Division of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Timothy L. Smith owns and operates Lynn & Annette Smith Farm, a swine animal
operation in Duplin County.
B. Timothy L. Smith was issued Certificate of Coverage AWS310656 under General Permit
AWG 100000 for the Lynn & Annette Smith Farm on October 1, 2009, effective upon
issuance, with an expiration date of September 30, 2014.
C. Condition I. 1. 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...."
D. On January 6, 2011, staff of the Division of Water Quality's Wilmington Regional Office
responded to a complaint at Lynn & Annette Smith Farm on January 6, 2011 and found
that the back corner of an application field was eroded and there was waste entering the
ditch from runoff. The runoff from the application field entered a ditch and was then
traced to an unnamed tributary of the Cape Fear River. The unnamed tributary is Class C;
SW waters of the State in the Cape Fear River Basin.
E. Timothy L. Smith does not have a valid permit for the above -described activity.
F. The costs to the State of the enforcement procedures in this matter totaled S767.44.

II.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Timothy L. Smith 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 unnamed tributary of the Cape Fear River constitutes waters of the State within the
meaning of G.S. 143-215.6A pursuant to G.S. 143=212(6).
D. The above -cited discharge of animal waste into waters of the state violated Condition I. 1.
of the General Permit AWG100000.
E. Timothy L. Smith 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.
F. The State's enforcement costs in this matter may be assessed against Mr. Timothy L.
Smith pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I b)(8).
G. 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:
III. DECISION:
Accordingly, Timothy L. Smith, owner of Lynn & Annette Farm, is hereby assessed a civil
penalty of:
f7 G
for violating Condition No. I. 1. of the General Permit
AWG100000 by discharging animal waste into waters of the
state.
$ �Df] a as TOTAL CIVIL PENALTY
$ 767.44 Enforcement costs
$ 62 76 7 77 TOTAL AMOUNT DUE

IV.
As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface 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.
NOTICE:
I reserve the right to assess civil 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
525,000.00 per day penalty. Civil penalties and investigative cost may be assessed for
any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Timothy
L. Smith, in accordance with N.C.G.S. 143-215.6(A)(d).
(D e)
Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
TIMOTHY L. SMITH ) STIPULATION OF FACTS
FILE NO. DV-2011-00
Having been assessed civil penalties totaling S 2,767.44 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated May 4, 2011, the
undersigned, desiring to seek remission of civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 2011.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2011-0014 County: Duplin
Assessed Party: Timothy L. Smith
Permit No. (if applicable): AWS310656 Amount Assessed: S 2,767.44
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver oL Right to an Administrative Hearin;, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (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 will prevent payment for the remainingnecess�r
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

Beverly Eaves Purdue, Governor
Dee Freeman., Secretary
]worth Carolina Department of Environment and Natural Resources
Coleen H. 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) Specialist
Wilmington Regional Office
THROUGH: Charles F. Stehman, Environmental Program Supervisor III 06
Wilmington Regional Office
SUBJECT: Enforcement Report .
Timothy L. Smith
Lynn & Annette Smith Farm
Facility Number: 31-656
Duplin County
DATE: March 23, 2011
Please find attached the subject enforcement report, which concludes that Timothy L. Smith 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 January 4, 2011. Also, Mr. Smith violated Condition No. 11. 5. of
the General Permit AWG100000 by failing to apply animal waste at rates intended to prevent runoff or
ponding in accordance with his CAWMP.
A Notice of Violation and Recommendation for Enforcement (Case # NOV-2011-DV-0036) was issued
on January 26, 2011 for the failure to apply animal waste at rates to prevent runoff 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 $767.44 pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(9).
If you have any questions, please contact me at 910-796-7327.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
SAWQS\ANIMALSIDup1in1201 1\31-656L31-656 Memo
lY,��IthCarolina
alitrully
North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone [phone] Custo mer Set -vice
Internet: www.newateruuality.org Wilmington, NC 28405 Fax [phone]
An Equal ppportunitylAffirmative Action Employer — 50% Recydedll0% Post Consumer Paper

INCIDENT SYNOPSIS - CASE NO: NOV-2011-DV-0036
ENFORCEMENT ACTION I CIVIL PENALTIES
FARM NAME: Lynn & Annette Smith Farm PERMIT NO: AWS310656
VIOLATOR NAME: Timothy L. Smith FACILITY NO: 31-656
COUNTY: Duplin OFFICE: WIRO
CASE BACKGROUND
January 6, 2011 -- Runoff Complaint
On January 6, 2011, the WIRO received a complaint from Mr. Rick Dove with the River Keepers
that animal wastes were being applied to an application field and runoff was occurring. Photos
were sent via email and the farm was identified as the Lynn & Annette Smith Farm.
January 6, 2011 - Inspection
WIRO inspected the Lynn & Annette Smith Farm and found:
►► Ponding in application field (photo 1)
►► Runoff of animal waste was leaving the application field via an eroded corner of
the field. The runoff entered a field ditch that drains into an unnamed tributary to
the Cape Fear River which has a stream classification of C; SW (photos 2, 3, 4, 6,
and 8)
PHOTO CONMIENTS
PHOTO NO.
COMMENIT
1
Pondin., in application field
2
Ponding and runoff from application field
3 & 4
Eroded part of field where runoff entered the field ditch
5
Sample 1— taken from field ditch approximately 50 feet
u stream from where waste entered ditch
6
Where field ditch flows under dirt road
7
Sample 2 — taken from ditch approximately 0.5 miles down
radient from where waste entered ditch
8
Where the field ditch combines with another ditch and flow
into the unnamed tributary to the Cape Fear River
9 & 10
Eroded corner of field after repairs
The farm owner, Mr. Timothy L. Smith, stated that he had pumped on January 4, 2011. It
appeared that two of his four reels contributed to the ponding and runoff. The waste that entered
the unnamed tributary to the Cape Fear River was estimated at less than 10,000 gallons; however,
that estimation is based on the water already in the ditches from a heavy rain event just prior to
the January 41h pumping event. It is unknown how much waste actually left the field.
Two samples were taken; one upstream and one downstream. Samples are as follows:
A. Sample 1 was collected at 1615 approximately 500 feet upstream from where animal
waste entered the field ditch.
B. Sample 2 was collected at 1635 approximately 0.5 miles downstream from where animal
waste entered the field ditch.
Lynn & Annette Smith Farm
31-656

All samples were delivered to Environmental Chemists, Inc. in Wilmington, NC at 1810 on
January 6, 2011. 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
colonies/100 mL
Nitrate (mg/L)
1
34.4
49000
14.1
2
65.1
190000
11.9
Mr. Smith indicated that he had no idea the field had eroded so badly in that corner. This
indicated he is not performing his 120 minute inspections correctly. DWQ discussed this with
him onsite and he assured us that he will do a complete check in the future.
January 7, 2011— Follow up
A follow up site visit was conducted by DWQ on January 7, 2011 to discuss the next steps. Mr. Smith
indicated that he would be back filling the corner of the field that had eroded. He will also address a grass
waterway that needs repair, which should also help with any future runoff issues.
January 26, 2011 - NOV
A NOV was issued January 26, 2011 citing two violations:
1. Animal waste ponded and ran off into a ditch that leads to an unnamed tributary of the
Cape Fear River.
2. Animal waste was not applied at rates to prevent runoff or ponding.
February 25, 2011 - Response to NOV
Mr. Smith's response to the NOV was.-
4 In his opinion the last big rainfall started a wash out in the lower corner of the application
field. He was unaware of the field's condition until January 6, 2011. He has never had a
problem with area before.
►► The corrective actions to be taken that were mentioned in the response are:
o The area in the field has been backftlled.
o Additionally, the grass waterway has had dirt put in it and will be seeded in the
Spring. This should help prevent future runoff.
_March 18, 2011 —_Follow u_ p
►► A follow up site visit was conducted by DWQ on March 18, 2011 to observe repairs to the eroded
corner of the application field. Pictures were taken to document repairs. Mr. Smith plans to spread
some grass seed in corner. Mr. Smith was contacted during site visit and during that phone
conversation he stated that he plans to minimize his use of that pull especially in the winter.
PREVIOUS VIOLATIONS D AL
There are no violations in the file.
Lynn & Annette Smith Farm
31-656

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
TIMOTHY L. SMITH
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2011-0036
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 Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Timothy L. Smith owns and operates Lynn & Annette Smith Farm, a swine animal
operation located south of Komegay, North Carolina on the west side of Highway 111 in
Duplin County.
B. Mr. Timothy L. Smith was issued Certificate of Coverage AWS310656 under Swine.
Waste Management System General Permit AWG100000 for the Lynn & Annette Smith
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. 1T. 5. of the General Permit AWGI00000 states in part that "In no case
shall land application rates result in excessive ponding or any runoff during any given
application rate."
D. DWQ staff from the Wilmington Regional Office responded to a complaint at Lynn &
Annette Smith Fann on January 6, 2011 and found that the back corner of an app]ic ation
field was eroded and there was waste entering the ditch from runoff.
E. Condition 1. 1. 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...."
F. During the January 6, 2011 DWQ site visit, the runoff from the application field entered a
ditch and was then traced to a creek that drains into the Cape Fear River.
G. The costs to the State of the enforcement procedures in this matter totaled $767.44.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Timothy L. Smith 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 apply animal waste at a rate to prevent, runoff violated
Condition No.11. 5. of the General Permit.
D. The above -cited discharge of animal waste into waters of the state violated Condition I. 1.
of the General Permit.
E. Mr. Timothy L. Smith 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.
F. The State's enforcement costs in this matter may be assessed against Mr. Timothy L.
Smith pursuant. to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
G. 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:
III. DECISION:
Accordingly, Mr. Timothy L. Smith, owner of Lynn & Annette Farm, is hereby assessed a civil
penalty of:
S
S
for violating Condition No.11. 5. of the General Permit
AWG 100000 by failing to apply animal waste at a rate to
preventrunoff
for violating Condition No. I. 1. of the General Permit
AWG 100000 by discharging animal waste in waters of the state
TOTAL CIVIL PENALTY
$767.44 Enforcement costs
TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface 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

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Mr. Timothy L. Smith
County: Duplin
Case Number: NOV-2011-DV-0036
Permit Number: AWS310656
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 was estimated at less than 10,000 gallons; however, that is a
broad estimation. The actual amount cannot be verified.
2) The duration and gravity of the violation;
The -runoff occurred from a single pumping event involving two reels that lasted 180
minutes.
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 a
high volume of water in the creek. The eroded area was backfilled.
5) The amount of money saved by noncompliance;
None.
6) Whether the violation was committed willfully or intentionally;
No. The permittee failed to check the back comer of his spray field where the washout was occurring;
however, there was no prior knowledge of the washout.
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
There are no Notices.of Deficiency or Notices of Violation in the files.
rcv 1.0 - 8.31.09

8) - The cost to the State of the enforcement procedures.
The State's enforcement costs totaled $767.44, as follows:
Staff,
13 hours @ $27.11/hour
$ 352.43
Staff
4.5 hours @ $28.58/hour
S 128-61
Samples
2 Nutrients @ $55.00/sample
$ 110.00
Mileage
441 miles @ $0.40/mile
$ 176.40
Total
S767.44
Date
Supervisor Name
rem I.O - 8.31.09

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: Region: Wilmington County: Duplin
Assessed Entity: Mr. Timothy L. Smith Permit: AWS310656
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ .
Partial Remission El S (Enter Amount)
Coleen H. Sullins Date
..... 1 n _ C 'Alm]

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: 'County: Duplin _.
Assessed Party: Mr. Timothy L. Smith
Permit No. (if applicable): AWS310656 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 133-215.5A(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 and/or 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
future 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 will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from perforating the activities necessary to achieve compliance).
EXPLANATION:
1Reni. reg.

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.- TIMOTHY L. SMITH )
}
PERMIT NO. A WS310656 ) 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 , 20_
Signature
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 26, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 0290 0003 08341024
Mr. Timothy L Smith
2430 NC Hwy Ill N
Pink Hill, North Carolina 28572
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2011-DV-0036
Administrative Code 15A NCAC 2T .1304
Lynn & Annette Smith Farm Facility No. 31-656, Permit No. AWS310656
Dulpin County
` Dear Mr. Smith:
On January 6, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Lynn & Annette Smith. Farm and the permitted waste management system as a follow-up to a
complaint. received by the Wilmington Regional Office (WiRO).
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in
violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System .General
Permit No. AWG100000 as follows:
Violation 1:
Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches surface
water, wetlands, or by other means of conveyance that drains to surface water or wetlands in accordance with
Condition 1. 1. of Swine Waste System General Permit No. AWG100000.
On January 6, 2011 staff from the WiRO, DWQ responded to a complaint that the facility was pumping and the
waste was ponding and causing runoff. The farm owner stated -in a phone conversation that he had been pumping
on January 4, 2011. Upon arrival to the facility, excessive ponding was noted in a grass water way, but no waste
left the field. There was also ponding in a back corner of the field where the edge of the field had eroded and
waste was draining into the ditch next to the field. DWQ staff followed the waste approximately one half mile
from the point the waste entered the ditch. The farm owner stated that the Cape Fear River is where the ditch
eventually ends up dumping and that river is approximately 1.5 miles from the farm.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Interne]: www.ngwalercluality.ora
One
No hCarolina
Naturally
An Equal Oppor]unity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
Customer Service 1-877-623-6748

Lynn & Annette Smith Farm
Notice of Violation with Recommendation for Enforcement
31-656
January 26, 2011
Page 2 of 2
Required Corrective action for Violation 1:
If you have not already done so, discharged waste shall be contained and recovered. Take all action
necessary to abate any damages and to prevent reoccurrence of such discharge event again.
Violation 2:
Failure to apply animal waste at rates intended to prevent runoff or ponding in accordance with your CAWMP
and Condition H. 5. of Swine Waste System General Permit No. AWG100000.
On January 6, 2011 staff from the WiRO, DWQ responded to a complaint that the facility was pumping and the .
waste was ponding and causing runoff. The farm owner stated in a phone conversation that he had been pumping
on January 4, 2011. Upon arrival to the facility, excessive ponding was noted in a grass water way, but no waste
left the field. There was also ponding in a back corner of the field where the edge of the field had eroded and
waste was draining into the ditch next to the field.
Required Corrective action for Violation 2:
If you have not already done so, immediately cease application methods of animal waste that causes or
contributes to ponding and take all necessary steps to insure this violation does not reoccur. The steps could
include but are not limited to modification of you CAWMP and/or adjustment and calibration of the spray
irrigation equipment.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before February 25 2011:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2010 to the present along with a copy afyour CAWMP.
2. An explanation from the 01C for this farm regarding how this violation occurred.
3. A list from the 01C concerning the steps that will be taken to -prevent this violation from occurring in the
future.
You are required to take any necessary action to correct the above. violations on or before February 14,
2011 and to provide a written response to this Notice by February 25, 2011. Please include in your response
all corrective actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Amanda Gaines at [phone].
Yours very truly,
n I
uv-t_ �0�—
Charles F. Stehman, Ph.D., P.G.
Environmental Program Supervisor III
cc: APS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
John College, DSWC-WiRO
DWQ Wilmington Animal Files 31-656
SAXVQS\AN I MALSIDUPLINM1 ! 131-656NO VREF

Lynn & Annette Smith Facility No. 31-656,
Permit No. AWS310656 Duplin County
To Whom It May Concern:
1. Enclosed are copies of all the pumping records, lagoon levels, rainfall and
waste analyses for this farm from January 1, 2010 to the present along with a copy of the
farms CAWMP.
2. In my opinion I believe the last big rainfall started the wash out which was
located in the lower corner of the Coastal Field. I was unaware of this fields' condition
until January 6t' when Amanda Gains contacted me to inform me that I had an issue.
Until now I have never had a problem with this particular location.
3. After becoming aware of the situation I took appropriate measures to fix
the problem area. I took a bulldozer and backfilled the washout corner of the field, I also
backfilled part of the waterway to prevent any washout and or run off in the future.
During potential rains and pumping events I will monitor this vicinity more closely to aid
in the prevention of further incidents.
Sincerely
Lynn Smith
BY. FFB Z 5 2011
y'hn

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I[enviroche)m
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 29405
[phone] (Lab) • [phone] (Fax)
710 Bowsertown Road • Manteo, NC 27954
[phone]
ANALYTICAL & CONSULTING
CHEMISTS NCDENR: DWQ CERTIFICATE #94. DL5 CERTIFICATE #37729
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilimington NC 28405
Attention: Amanda Gaines
Date of Report: Jan 24, 2011
Customer PO #:
Report #: 201 1-00241
Report to: Amanda Gaines
Project ID: 31-656
Lab ID Sample ID: Sample 1 Collect Date/Time Matrix Sampled by
11-00626 Site: 1/6/2011 4:15 PM Water Client
Test Method Results Date Analyzed
Total Kjeldahl Nitrogen (TKN) EPA 351.2 34.4 mg/L 01 /19/2011
Fecal Coliform SM 9222D MF 49000 Colonies/100ml- 01 /06/2011
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA353.2 0.54 mg/L 01/07/2011
Nitrate+ N itrite-N itrogen EPA353.2 14.6 mg/L 01/07/2011
Nitrate Nitrogen Subtraction Method 14.1 mg/L 01 /12/2011
Lab ID Sample ID: Sample 2 Collect Date/Time Matrix Sampled by
11-00627 Site: 1/6/2011 4:35 PM Water Client
Test Method Results Date Analyzed
Total Kieldahl Nitrogen (TKN) EPA 351.2 65.1 mg/L 01 /19/2011
Fecal Coliform SM9222D MF 190000 Colonies1100mL 01/06/2011
Nitrate Nitrogen (Cale)
Nitrite Nitrogen EPA 353.2 0.94 mg/L 01/07/2011
Nitrate+Nitrite-Nitrogen EPA353.2 12.8 mg/L 0110712011
Nitrate Nitrogen Subtraction Method 11.9 mg/L 01/12/2011
Comment:
Reviewed by: 1
FE13 0 2 2011
Bx:
Report #:: 2011-00241 Page 1 of 1

ENVIRONMENTAL CHEMISTS, INC OFFICE:91it]�92-023FAx[phone]
Analytical & Consulting Chemists NCDENR: DWG CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION fl 37729
COLLECTION AND CHAIN OF CUSTODY
CLIENT: GI�`E%��` DwQ ---PROJECT NAME: ) -bSL9 REPORT NO:
ADDRESS: CONTACT NAME:__ Awna- 6pwe s PO NO: 4?)b -
REPORT TO: PHONE1FAX: 9 lG —QG GPI
COPY TO: E-MAIL:
Sampled By: SAMPLE TYPE: I a Influent, E = Effluent, W - Well, ST = Stream, SO Soli, SL a Sludge, Other:
Sample Identification
ANALYSIS REQUESTIM
=
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Delivered By: A MAWDAaIN6-5 ,-'►M Received By:
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Requested:
I Time: l & i O
TURNAROUND:

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Type of Visit
Compliance Inspection
0 Operation Review 0 Structure Evaluation
0 Technical Assistance
Reason for Visit
0 Routine Complaint
0 Follow up 0 Referral 0 Emergency
0 Other ❑ Denied Access
Date of Visit: r 1 . Arrival Time: Departure Time: County: Region:
Farm Name: ` ` Owner Email:
Owner Name: I _U% L, 17 Phone:
Mailing Address:
Physical Address:
Facility Contact: Title: Phone No:
Onsite Representative: LL ka/y ` M) T Integrator:
Certified Operator:
Back-up Operator:
Operator Certification Number:
Back-up Certification Number:
Location of Farm: Latitude: = o ❑ I ❑ Longitude: = o = i = is
"�
Design Design Current
`Capa.
Swine
Capacity Population We Po ltry Capacity Population `."Population
p _CCattle
Wean to Finish
❑ Layer
ElDai Cow
y ❑ Wean to Feeder
❑ Non -Layer I
❑ Dairy Calf
El Feeder to Finish.
Dairy Heifer
❑ Farrow to Wean
' 6$:�
; ❑ Dry Cow
❑ Farrow to Feeder
Non -Dairy
El Farrow to Finish
ElLa ers
` ❑ Beef Stocker
❑Giits
❑Non -Layers
❑ Beef Feeder
❑ Boars
❑Pullets
❑ Beef Brood Co nj
❑ Turkeys
Other,"'
❑ Turkev Points
tea,, _ _ .�
❑ Other ❑ Other "N m.berr of,Struc#ures:
e
Discharp_es & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure N 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?
N Yes ❑ No ❑ NA ❑ NE
❑ Yes y" I No ❑ NA ❑ NE
Yes ❑ No ❑ NA ❑ NE
"-1 ^
❑ Yes �§ No ❑ NA ❑ NE
❑ Yes
M No
❑ NA
❑ NE
❑ Yes
DqNo
❑ NA
❑ NE
Page ! of 3
12128104 Continued

`Facility Number:? Date of Inspection 7 &; //
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: Lj�Qr!�,A1
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
Structure 4
❑ Yes No
❑ Yes [:]No
Structure 5
❑ NA ❑ NE
❑NA El NE
Structure 6
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes No ❑ NA ❑ NE
(ie/ large trees, severe erosion, seepage, etc.) _ `
6. Are there structures on -site which are not properly addressed and/or managed ❑ Yes N No ❑ NA ❑ NE
through a waste management or closure plan?
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 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 ❑ No ❑ NA ❑ NE
maintenance or improvement?
Waste Anolication
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 ❑ NE
AExcessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 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?
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ Yes
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ yes
17. Does the facility lack adequate acreage for land application? ❑ Yes
18. Is there a lack of properly operating waste application equipment? ❑ Yes
[-]No
❑ NA
b� NE
X No
❑ NA
❑ NE
❑ No
❑ NA
X NE
No
El NA
El NE
No
❑ NA
❑ NE
Comments (refer to question:#) Explain any YES answers and/or any recommendations or_any other comments y;
Ilse drawings°of fac i lly to better explain situations. (u"se'.additional`pages as necessary}:
�MANQF} �gJNES � ,GNJV �=#I�LT��trL RES�N�E� ica A comQLAiNT- ; CIE %21uE[Z X�
gfNT �wQ QtLTuRCS v t A P_mPic pN 1 IGAT1LW EUFNT w.N)c14 S;40wf-
�aSSl6L� Qo�1blNEiak(ZWVOFF. wC f.1QRIUEI��� Lu��►tN SmtrN t�AS
NUT IF1Ep QCLIGi-To 02RQIUAL4 wflsT04-� HEwaLxLT'�- ii3ECLQAI7K1ci Et 1F APRO&-Em
OF- S']A f 0b !^ke Nab QZEN PUMF /( GAI 7tuf_:SpR�-
�q
Reviewerllnspector Name A iN Uo;FI 1 _ LL Phone: �In
Reviewer/Inspector Signature: Date: 1
+ 12/28/04 Condnued

' Facility Number: 3 — Date of Inspection
Required Records & Documents
19.
Did the facility fail to have Certificate of Coverage & Permit readily available?
❑ Yes
❑ No
❑ NA
XNE
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 [3 Other
21.
Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ NA
VNE
❑ 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
gNE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
❑ NA
XNE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
XNE
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
4NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
❑ NA
bdNE
Other Issues
28.
Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA
NrNE
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
bkNo
❑ 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
'KYes
ElNo
❑ 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
4 No
❑ NA
❑ NE
33.
Does facility require a follow-up visit by same agency?
XYes
❑ No
❑ NA
❑ NE
Additional Comments and/or Drawings:
42v A"IUPL IRE i_460CW LEUEL wAS C"ECICO's q--TN.EN Lk-INE P-07.)ECy eT -TO 74E ;
�r1Et-� H€Q-E wE Fcxkxb A 62AS3 wA7L- wAi�C9�"rh�G wA�E2wA NEEDS
AICZ -wAS7E ;HE �j-rofn 0� IT THE St.c�S rA�
Q.Ep ti s (�nr�rNc �N N�
swap 1 N AVE A5 --t cAtaSINC, FQOS1oN. WE FoUL.Q"3 �;t NE wA 7 GQwR�`�°I
a NOwASi�- I
W�E 7aE ccXLu 01IS QL0C-C-Gb aFF Lt-E��E
?01N1r EUS"F clr O�_ LA G_ W ABED To T IE 9AG1- C.oR_NER THAT S NOw��j & U 1
�ori1DlN� [1 �{�yl• ]�(14� 7Hfq-E wAS S16N1 F100,vT po)vDIN6 IN 71447 RREA Qt7K
�DCti� o�-r�E F1E�%wAS E� IJ.'flS;E WAS F(_C'wiA16 rNTCC7H� 1�17G�!
TiEX T To THE � IC -Lb . iW � i HEN �LLvwF}�7 [-lE w �STC �dwr/ WHERE IT C-?-
uL.uEQ.T u�NDC2 A btQT VC)AD,Ow' �N T NE GACr-VbE OF p-No HER Fr EC��
'I�� N A C L o A1� AA07NE(LT)1TCW frG tnrC fNTO t'T.
C7 INTO. A t-09X0?-DI2H 1�AT A 5 N
CAI�.�D �-�
N q-Htr AU-*-b +,;4 :yAj` ' WEsf1—'1r& NEx 7 S�� E1 >lS uAc�F.
Ix+N6 -TaA T / FIX W6 T o � t_� � �iJ HAuC io 6c �r,�E?� S3&C_ALASEZi+c
t�� lNkjQ�YIE� iwFlfYl"t1 }"f� QTC 1� �p1a�36AuoNs. GNae-u6- S-IGNM AI wASIvokE
EsT�fnr�-rED A�tt�N7 of w .
c*-'T e biScI4Ae6E 4-7 ta4F,[F.Xu�Qo4�►E >w1�51�1oi1 FtEaT�l� t�� tom` L� gES�Q1N�1H4
Page 3 of 3 12128104

Facility Number: �..„.. — � Date of Inspection:
Additioua! 'Q rm nts. and/or Drawings
ggrnpL S Pc WAID Co °C 4
U--3F- H`AI Q3EGPA/ 3PFntPLIIW 4TAKI NC QICT+&?C-S. AN kpS i 2c,gA& s w"?LC `^'�S7
-Vp K� r c ' tiP s t e €RM o f +�+� E wflS -6 r -eg Ei�-f N� iS i Tc A Asomp-
E ":,Ps TAKEN I/GLMjLG pOcA-W S7kzCIQ^ OF WHERE wA5`rE rcN 7Tt���`11�C
�I�GN. �Trf Sp�Q�ESc.�E'�� Sul3�lTrEn �o SHE �A$@ ��a �o� ANAc-t�S1S .
�NALc�SF 5 ECpC c� t FOenA 'T4fN, -* NI7iZA T C
TUP-
-r ..Dc-S T44A--T-THE gl4 %lT4f wµ€RE H� AS �r�Q�i���NiOT�}E QC
w T44AT 'TI+f-- CAP€ rEAC 16 UJEF- ti �'Jg mrcES f- LOA^1 HE �-Ctvkx-
w►u._ B� G3gc,c 7orno�l�a�u`� �lL�C Lc�vN (��R-i �- [fitw �R j
�u�vf
����� �► tom.
4/3 ©l97

Dil isi6n of W.,ater Quality . K
Water Conservation
FCiltty�aNumber 3 j (p S jp Q Dwrsi©n of Sod and a P
I .b A her- gency
Type of Visit 9(comphance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint X Follow up 0 Referral 0 Emergency 0 Other ❑ Denied Access
Date of Visit: Arrival Time: Departure Time: County: W_JV Region:
Farm Name: Owner Email:
Owner Name: LtoA SM/4-1
T%
Mailing Address:
Physical Address:
Facility Contact: Title:
LOnsite Representative: ANN SO) /Tl4
Certified Operator:
Back-up Operator:
Phone:
Phone No:
Integrator:
Operator Certification Number:
Back-up Certification Number:
Location of Farm: Latitude: = c = i = « Longitude: = ° = 1 =
Design Current
=Design Current Dgn"` Current
Swore Capacity Population
Wetsl'onitry acity�Po�ulahon attle @apac rty Population
.;=;Cap
�; ❑Wean
to Feeder
Discharges &Stream Impacts
I . Is any discharge observed from any part of the operation?
Discharge originated at: El Structure El Application Field El 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 ❑ No ❑ NA *E
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ NA
❑ NE
❑ Yes
❑ No
❑ Yes
❑ No
❑ NA
xNE
❑ Yes
❑ No
❑ NA
XNE
Page 1 of 3 12/28/04 Continued

Facility Number: 31 —(p Date of Inspection
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
❑ Yes
❑ No
❑ NA
ONE
a. If yes, is waste level into the structural freeboard?
❑ Yes
❑ No
❑ NA
❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
❑ No
❑ NA]
NE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
❑ Yes
❑ No
❑ NA
0 NE
through a waste management or closure plan?
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 ❑ 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 ❑ No ❑ NA NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA I NE
maintenance/improvement? j
11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA KNE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 tbs ❑ 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?
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ Yes
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes
17. Does the facility lack adequate acreage for land application? ❑ Yes
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No ❑ NA NE
❑No El NA ,INE
❑ No ❑ NA 4 NE
❑ No ❑ NA . 1NE
❑ No ❑ NA 9NE
Comments (tefer-to questiona#):m:Explain any YES answers andl©r any.recommendatious or any ofl er comments `
m
g facility p ns. {use additional pages as necessary):•= e- Use drawings of facrh to better explain situatio,
& 0_&& N-'T t.- yI N 1-t1rS'� �QDA�{ IXI F4 �� FYI Q A(e)�6UC NoTlGE �] J
Los Lc 9CC0ELK«(Z &Ck !/N R KTo Cti= ON F)fcl� at' z;Vc4ES
Reviewer/inspector Name , l Phone:
Reviewer/inspector Signature: Date: LlLo
Page 2 of 3 12128104 Continued

Facility Number: f —(QS(o Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA XNE
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 El Other
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA )6 NE
❑ 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?
final"Corinents and/or Drawings: w'
❑ Yes
❑ No
❑ NA 4 NE
❑ Yes
❑ No
❑ NA
gNE
❑ Yes
❑ No
❑ NA
RNE
❑ Yes
❑ No
❑ NA
E�YNE
❑ Yes
❑ No
❑ NA
VNE
❑ Yes
❑ No
❑ NA
�ZNE
❑ Yes
❑ No
❑ NA
XNE
❑ Yes
❑ No
❑ NA
NE
❑ Yes
0 No
❑ NA
❑ NE
❑ Yes
XNo
❑ NA
❑ NE
❑ Yes
)� No
❑ NA
❑ NE
Yes
❑ No
❑ NA
❑ NE
Page 3 of 3 12128104

NCDAd�CS Agronomic Division Phope: [phone]- Web site: www.iC gr.j ov/'W6uomi/
Report: W05406
Grower:
Smith, Lynn -Smith -Davis Farms Copies to, Hygro Inc
2430 Hwy NG III N
Pink Hill, NC 28572
A
x WasteAnalysis Report
,�,`.» t�,;• -
Farm: 31-656
Received: 02/03/2011
Completed: 02/10/2011 Links to Helpful Information
Duplin County
Sample Iaformntdon
Laboratary ltesalts;(parts per ndlllon vales otherwise noted)
Sarxpk ID:
N
P K Ca Afg S
Fe Mn Zn Cu 8 MO C1 C
LS I
Total 382
53.4 621 120 29.5 30.3
2.41 0.33 0.98 0.78 0.92
IN-N
WON Code:
-NH4
No Ni Cd P6 Al
Se Lf PH SS ON DM% CM ALE D
AIS
NO3
212
&69
Descriptim
OR -IV
Swine L n Li .
Urea
Nutrients'Available for First Crop
Ift 1000 Nations
Other Mements !bs 1000 !tons
Appflcbtfon A14W
N P205 K20 Ca 14 ' S . Fe ' Afn Zn cu
8 No CI
Na N1 Cd Pb Al Se Li
Inigoon
1.6 0.71 510 0.70 0.17 a 0.18 '"; 0.01. T 0.01 0.01
0.01
1.s
The pH of the lagoon liquid is below the Ideal range for bacterial action and waste treatment. Gradually adjust pH by adding I lb. of agrlcultu xl lime per 1000 cu, ft. of liquid remaining In the lagoon. Sample the
n mon,04, and continue to
Aust pH until It is within the desired riiW of 74-8.0.
North Carolina
Ttlbalxr) Trust Fund Cinttnd.Wki i
FHB 2 5 201,
By.
Reprogramming of the laboratory-informationanenagement system that makes this report possible Is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
-Steve Troxler, Commissioner of Agriculture

NCDARCS Agronomic Division Phone: [phone] Web site: www.ncagr.gov/ ggronan i/
Report: W03362
Grower.'
Smith, Lynn -Smith -Davis Farms Copies to: Hygro Inc
2430 Hwy NC 1 I i N
Pink Hill, NO 28572
� L
Waste
Analysis Report
Farm 31-565
Received: 10/29/2010
Completed: 11/03/2010 kinks to Helpful Information
Duplin County
Sample information
Laboratory Results (parts per pillion unless otherwise noted)
Sample ID:
N
P R Ca S
Fe Mn Rn
Cu 8 Mo Cl C
Total 140
31.S 976 117 49.2 33.6
3.87 0.39 1.36
0.43 1,36
LSI
INN
Waste Code:
-NM!
ALS
-NO3
Na M Cd A At
So Lf PH
SS ON DM% CC8% AL8
237
7.61
Descrl ption:
OR -A'
Swtne Lagoon Li .
Una
Nutrients Amallable For First Crop
ibs 1000 allons
Other Elements W11000gallons
AppllaaHon Method
N P205
Rao Ca Mg S Fe Mn ,Zn Cu
8 Mo Cl
Na M Cd A At Sa if
IcrIgalon
0.59 0.42
7.8 0.69 0.29 0.20 0.02 T 0.01 7
0.01
2.0
,North Carolina Reprogramming of the laboratory -Information -management system that makes this report possible Is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
i
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
Tobacco Trust Fund Ca mmisslnn -Steve Traxler, Commissioner ofAgriculture

=11kCS Agronomic Division ''Phone: [phone] Web site: walw.ncagr.gov/agronomi/
=
,' Report: w01253'
Grower,,
Smith, Lynn»Smith-Davis Farms Coplos to: Hygro Inc
2430 Hwy NC 111 N
Pink I1111, NC 28572
55�' .rIN�,•� YW��
WasteAnalysisReporr
o
Far'!1A' 31G5fi
calved: '08/17/2010 . Completed: 08/20/2010:. " Links to Helpfl I Information
Duplin County
)le Information .
Laboratory Results (parts per (million unless otherwise noted)
a M1.
N
P X Ca Al 8
h AM 'Lit
at B A10 V1 G'
L
372
31,a 468 119 48.2 39.8
1.51 0.29 1.41
0.95 1.27
IN-N
coma:
4114
A L .5
NO3
NO Nl Gil A Al
So Ll 11
as G:N DAN 61 M6 ALB(B al
Phan.
OR-N
130
7.75
Nutrients Available for First CroR
!bs X000 allons
Other Elements lbs 1000 allons
ulon A101hor1
N P205
Rio Ca Als s Fa hilt z 1 Of
B 410 G7
Na Nl ctl A At so U
ion
1.6 0.42
3.8 0.69 0.28 0.23 0.02 7 0.01 0101
0.01
1.1
North Carolina
:u•LO TRINt 1'MI'Ll COri1MIYS1011
Reprogramming of the laboratory -information -management system that makes this report possible Is being funded
through a grant from the North Carolina Tobacco Trust Fund Commiselon.
Thank yorr for using agwitoodc services to a ravage nutrients and st(feguard envirownewal dually.
- Steve Troeler, Cornnrlssloner of Agriculture

NCDARCS Agronomic Division . Phone: [phone] Web site: www.neagr.gov/aifonoiw
Report: W08259
Grower:
Smith, Lynn -Smith -Davis Farms Codes to, Hygro Inc
1.1 URi.flA
.
2430 Hwy NC III N
$
F c
Waste A Report
Pink Hill, NC 28572
nalysis
Farm 31656
Received: 05/14/2010
Completed: 05/20/2010 Links to Helpful Information
Duplin County
Sample laforination
Laboratory Results (parts per million unless otherwise noted) ..
Sample M,
N
P K Ca
S
Fe Ain Zn
Cs B Mo Cl C
rout 76o
47.0 784 220 70.9
66.8
5.70 0.58 1.51
0,55 1.04
Isi
!NN
Waste Code:
-NH4
ALS
-1V03
No Ni Cd Pb
Al
Se U H
SS CIN DM% CCE% ALE )
176
7.01
Desa*ftn;
OR-N
Nine Lapon Li .
Urea
-Recommen
Nutrients Available for First Crop
M000094um
Other Elements lbs I000 Xglions
Apptiaatian Merbod
N P205 K10 Ca M8 $ Fe Mn
2n Cu
B Mp d
Na Ni Cd A6 At se u
Irrigation
3.2 0.63 6.3 1.3 0.41 0.39 0,03 r
0.01 7
0.01
1.5
North Carolina Reprogramming of the laboratory -information- management system that makes this report possible Is being funded
fir' r` through a grant from the North Carolina Tobacco Trust Fund Commission.
A-
�qrThank you for using agronomic services to manage nutrients and safeguard environmental quality,
Tobacco Trust Fund Comniiarion - Steve Troxler, Commissioner ofAgrirulture

NCDAM Agromonlic Dh48ion Phone: [phone] Web dte: ww.mosg,gev/agronomi/
Report W05609
Grow.
Smith, Lynn -Smith -Davis Fsrmws Copies to HWo Inc
�µ,ri irxrJi..
2430HayNC111N
Pink Hill, NC 28572
�yPd
=rWaste
Analysis
Report
Farm.' 31656
Received: 0211e2010
Completed: 02/192010
Links to Helpful Inbrmatton
pups County
Sample Information
Ubomkry Results (perlr per million uWess otherrvlw noted)
Saaapia ID
N
P
X Ca S
Rr NO Zn
ON B No a C
Total 242
32A
707 161 52.5 32.0
3.15 0.31 1,09
0.39 1.01
LS1
BV N
Waste Code.
-NH!
Na
Nl Cd Pb Al
Se Ll p H
SS ON DMW CCB% AL8
ALS
-M3
176
7.59
D uffotionr
OR-N
Swltte Lwm Mg.
Uma
Nutrients Am"le for F
lbs 1000 all0m
Other Demo Ift ,t000 gaUam
Applfcaftn Metbod
N P205 JUO Lb Mg
S Fe Mn Zn an
B MO L7
Na Nl Cd Pb Al Se bf
1.0 0.43 5.7 0.94 0.31
0.19 0.02 T 0.01 T
0.01
1.5
North Carolina
.t_1 1
ail
Tolxicco Trust Fund CEwwtvCNldv
Reprogramming of the laboratory -Information -management system that makes this report possible Is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic ser*es to mmwage nutrknis and safeguard environmental quality.
- S9tnw Tmxier, Commissioner ofAgricuhure

•. ''Facilky Number
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Form Irr-2 Lagoon Irrigation Fields Recpftswdlo-1 1
One Form for Each Field per Crop Cycle
TractA
Field Size (acres) =(A)
Farm Ownei
Owner's Address
Owner's Phone
71502
Field #
Ipso
5.07
Lynn Smith
2430 N NC 111
Pink HIII NC 28572
252-5W 4795
Facility Number 31-656
Irrigation Operator Same
Irrigation Operator's Some
Address Same
Operator's phone# Same
From Waste Utilization Plan
Recommended Pan Loading
Crop Type small grain (Iblacre)a(B) 50
.M .12) M .14) -15) /61 .17) Ja) A) 110)
.(111 .(12)
:...
�-Waste
Analysis
PAN
---------
-
-
Owner's Signature
Certified Operator(Print)
Total I I I `I
Operator's Signature
Operator's Certification No,
1 NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting colum (10) from (B). Continue subtracting colum (10) from colum (11) following each Irrigation event.
Page 1

Form Irr-2 Lagoon Irrigation Fields Rec9ft SOM-1 1
One Form for Each Field per Crop Cycle
TractA
Field Size (acres) =(A;
Farm Ownei
Owner's Addresf
Owners Phone
71502 Field #
4.73
Lynn Smith
2430 N NC 111
Pink Hill NC 28572
252-5684795
Facility Number 131-656
Irrigation Operator Same
Irrigation Operator's Same
Address Same
Operator's phone# Same
From Waste Utilization Plan
Recommended Pan Loading
Crop Type small rain (lblacre)=(B) 50
.M .0 131 14) 151 18) 17) 181 Q 1101 -fill .f121
:...
�:PAN
.,
Applied
..
HER
M
Owner's Signature
Certified Operator(Print)
Total 1 451� 9551,797 1! 5.28
72.288
Operator's Signature
Operator's Certification No.
1 NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting colum (10) from (B), Continue subtracting colum (10) from colum (11) following each irrigation event,
Page 1

Form Irr-2 Lagoon Irrigation Fields Reopid9 SMe*0411
One Form for Each Field per Crop Cycle
TractA
Field Size (acres) =(A;
Farm Ownei
Owners Address
Owners Phone
71502 Field # jp5b
5.01
Lynn Smith
2430 N NC t l l
Pink Hill NC 28572
252-568-4795
Facility Number 131-656
Irrigation Operator Same
Irrigation Operators Same
Address Same
Operators phone# Same
From Waste Utilization Plan
Recommended Pan Loading
Crop Type small grain 771 (Ib/acre)=(B) 50
11) .0 131 .141 .151 .(61 M 18) 19) 110) 111) .02)
lagoon
code
Date
mm/dd/yy
Irrigation
Volume
(gallacre)
7
Waste Analysis
PAN
(Ib/1000 gal)
PAN Applied
(Iblecre)
(8) x (9)
Nitrogen Balance
(Iblacre)
B-10
Punping
Hours
Remaining
Start Time
End Time
Total
mimutes
3-2
0 of Sprinklers.
operating
Flow Rate
Total Volume
gallons
6x5x4
(gallmin)
A
1000
LS1
1 /412011
9
12
ISO
1
250
45000
8982.036
1.6
14.37
35.63
7.44
Owners Signature
Certified Operator(Print)
Total I 45000 J 8982.036 1 14.37
72
Operators Signature
Operators Certification No.
1 NCDA Waste Analysis or Equivalent or MRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting coium (10) from (B). Continue subtracting colum (10) from colum (I I) following each Irrigation event.
Page 1

Form Irr-2 Lagoon irrigation Fields Recpft SW40-11
One Form for Each Field per Crop Cycle
Tract#
Field Size (acres) =(A
Farm Ownei
Owner's Addres€
Owner's Phone
71502 Field # Ipsa
3.22
L nn Smfth
2430 N NC 111
Pink HIII NC 28572
252-SW 4795
Facility Number 31-856
Irrigation Operator Same
Irrigation Operator's Same
Address Same
Operator's phone# Same
From Waste Utilization Plan
Recommended Pan Loading
Crop Type small grain (Iblacre)=(B) 50
11) 12) .131 .14) .15) .181 m .181 .19) .00) _(111 112)
lagoon
code
Date
mmlddlyy
Irrigation
Volume
(gallacre)
7
Waste Analysis
PAN
(lb11000 gal)
PAN Applied
(lb/acre)
(8) x (9)
Nitrogen Balance
(Iblecre)
B 10
Punping
Hours
Remaining
Start Time
End Time
Total
mimutes
3-2
# of Sprinklers.
operating
Flow Rate
Total Volume
gallons
fix 5 x 4
(gal/min)
A
1000
LS1
1/4/2011
9
12
180
1
173
31140
9670.807
1,8
15.47
34.53
8.69
Owner's Signature
Certified Operator(Print)
Total 1 31140 19670.807 1 15.47
49.824
Operator's Signature
Operator's Certification No.
1 NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting colum (10) from (B). Continue subtracting colum (10) from colum (11) following each Irrigation event.
Page 1

0
Form lrr-2
Tractt
Field Size (acres) =(A]
Farm Ownei
Owners Address
Owners Phone
Lagoon Irrigation Fields RecorpBBBbibtl 0
One Form for Each Field per Crop Cycle
71502 Field #
JE58
3.22
Lynn Smith
2430 N NC 111
Pink Mill NC 28572
252-5% 4795
Facility Number 31-B56
Irrigation Operator Same
Irrigation Operators Some
Address Some
Operators phone# Same
From Waste Utilization Plan
Recommended Pon Loading
Crop Typal bermude ha (lb/scre)R(B) 296,4
.f11 121 131 .r41 151 f61 M M Al .1101 1111 1121
lagoon
code
Date
mmlddlyy
Irrigation
Volume
(gsllecre)
7
Waste Analysis
PAN
(lb/1000 981)
PAN Applied
(Iblacre)
(8) x (9)
Nitrogen Balance
(Iblacre)
8-10
Punping
Hours
Remaining
Start Time
End Time
Total
mimutes
3.2
# of Sprinklers,
operating
Flow Rate
Total Volumo
gallons
8x6x4
(gallmin)
A
1000
LS1
3/6/2010
8
12
240
1
173
41520
12894.41
1
12.89
283.51
67.95
LS1
3/14/2010
8
12
240
1
173
41520
12894.41
1
12.89
270.61
83,95
LS1
4/7/2010
8
12
240
1
173
41520
12894.41
1
12.89
257.72
79.95
LS1
4115/2010
8
12
240
1
173
41620
12894.41
1
12.89
244.82
75.95
LS1
4/23/2010
8
12
240
1
173
41620
12894.41
3.2
41.26
203,56
19.73
LS1
4/2912010
8
11
180
1
173
31140
9670.807
3,2
30.95
172.61
16,73
LS1
5/4/2010
6
9
180
1
173
31140
9670,807
3.2
30,95
141.67
13.73
LS1
9/22/2010
7
10
180
1
173
31140
9670.807
1.8
15,47
126.19
24.47
LS1
10/10/2010
9
12
180
1
173
31140
9670.607
1.6
15.47
110.72
21.47
LSt
10/16/2010
9
12....._
180
1
173
31140
9670,807
1.6
15.47
95,26
18,47
Owners Signature
Certified Operator(Print)
Total L 363300 _L2626.1 f 201.15
647.712
Operator's Signature
Operators Certification No.
1 NCOA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting colum (10) from (B). Continue subtracting colum (10) from colum (11) following each irrigation event,
Page 1

Form Irr-2
Tract#
Field Size (acres) =(A)
Farm Owner
Owner's Address
Owner's Phone
Lagoon Irrigation Fields Recorrfb6bibt1 0
One Form for Each Field per Crop Cycle
71502 Field # 5b
5.01
L nn Smith
2430 N NC III
Pink Hill NC 28572
252-568-4795
Crop Type bermuda ha
.(1) .12) .131 .141 .151 Al
Facility Number 31-856
Irrigation Operator Some
Irrigation Operstor's Same
Address Same
Operator'e phone# Same
From Waste Utilization Plan
Recommended Pan Loading
�
(Iblacre)=(B)
.171 .18) .191 AM rill .112)
lagoon
code
pale
mmlddlyy
Irrigation
Volume
(gallacre)
7
Waste Analysis
PAN
(lb11000 gal)
PAN Applied
(lb/acre)
(8) x 9)
Nitrogen Balance
(lblacre)
B•10
Punping
Hours
Remaining
Start Time
End Time
Total
mimules
3-2
# of Sprinklers.
operating
Flow Rate
Total Volume
gallons
8x5x4
(gal/min)
A
1000
LS1
3MI2010
8
12
240
1
260
60000
11976.05
1
11.98
284.42
95.00
LS1
3/14/2010
8
12
240
1
250
60000
11976,05
1
11.98
272.46
91.00
LS1
4/7/2010
8
12
240
1
250
60000
11976.06
1
11,98
260,47
87.00
LS1
4/1512010
8
12
240
1
250
60000
11976.06
1
11,98
248.50
83.00
LS1
4123/2010
8
12
240
1
250
60000
11976,05
3.2
38.32
21017
21.94
LS1
4/2912010
8
11
180
1
250
45060
8982.036
3.2
28.74
181.43
18.94
LS1
6/412010
6
9
180
1
250
45000
8982,036
3.2
26.74
152.69
15.94
LS1
9/2212010
7
10
180
1
250
45000
8982.038
1.6
14.37
138,32
28.87
LS1
10/10/2010
9
12
180
1
250
45000
8982,036
1.6
14.37
123.94
25.87
LS1
--10116/2010..
.. - 9._.___.,.__
__ ..,..12........ ....
-180.,........
, .1
150 ..
....... 27000
5389-222
1$
8.62
115.32
40.12
Total ! 507000 1 101197.8 1 181.08
907.2
Owner's Signature Operator's Signature
Certifled Operator(Print) Operator's Certificatlon No.
1 NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting colum (10) from (B). Continue subtracting colum (10) from colum (11) following each Irrigation event.
14•
Page i

Form Irr-2
Tract#
Field Size (acres) =(A:
Farm Ownej
Owner's Address
Owner's Phone
Lagoon Irrigation Fields Recoro&swd 0
One Form for Each Field per Crop Cycle
71502 field # M.
4.73
Lynn Smith
2430 N NC 111
Pink Hill NC 28672
252-568-4795
Facflity Number 31-656�
Irrigation Operator Some
Irrigation Operators Same
Address Same
operator's phone# Same
From Waste Utilization Plan
Recommended Pan Loading
Crop Type bermuds ha (lb/scre)m(B) 296.4
f1) .12) 13) 14) 151 161 171 181 ./91 110) r111 112)
lagoon
code
Date
mm/ddlyy
Irrigation
Volume
(gal/==)
7
Waste Ansiyels
PAN
(lb/1000 gal)
PAN Applied
(lb/scre)
(8) x (9)
Nitrogen Balance
(lb/acre)
B- 1 O
Punping
Hours
Remaining
Start Time
End Time
Total
mimutes
3-2
ff of Sprinklers.
operating
Flow Rate
Total VolLime
gallons
9 x x 4
(gallmin)
A
1000
LS1
3/6/2010
8
12
240
1
251
60240
12735.73
1
12.74
283.66
69.09
LS1
3/14/2010
8
12
240
1
251
60240
12735.73
1
12.74
270.93
85.09
LS1
4/7/2010
8
12
240
1
251
60240
12735.73
1
12.74
258.19
81,09
LS1
4/15/2010
8
12
240
1
251
60240
12735.73
1
12.74
245.46
77.09
LS1
412312010
8
12
240
1
251
60240
12735,73
3.2
40.75
204.70
20.09
LS 1
4/2912010
8
11
180
1
251
45180
9551.797
3.2
30.57
174.14
17.09
LS1
5/4/2010
6
9
180
1
251
45180
9551.797
3.2
30.57
143.57
14.09
LS1
9/22/2010
7
10
180
1
251
45180
9551,797
1.8
15.28
128.29
25.18
LS1
10/10/2010
9
12
180
1
251
45180
9551, 797
1.6
15.28
113.01
22.18
LS1
10/16/2010
9
12-_-,_..__18O
_.......1......
251 ,.
.... .45180-
.9551.797
1.6
15.28
97.72
19.18
Owners Signature
Certified Operator(Print)
Total 1 5271000 1111437.13 1 1 198.68
939,744
Operators Signature
Operators Certiflcatlon No,
1 NCOA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting coium (10) from (B). Continue subtracting colum (10) from coium (11) following each Irrigation event.
Page 1

Form lrr-2
Tract#
Fleld Size (acres) a(A;
Farm Ownei
Owner's Address
Owner's Phone
Lagoon Irrigation Fields Record}MM 0
One Form for Each Field per Crop Cycle
71502
Field #
I P50
5.07
L nn Smith
2430NNC111
Pink Hill NC 28672
252-568-4795
FacflttyNumber 31-658
Irrigation Operator Same
Irrigation Operator's Same
Address Same
Operator's phone# Same
From Waste Utilhtton Plan
Recommended Pan Loading
Crop Typal bermuda ha (Iblacre)=(B) 296,4
.0) 121 131 141 .(51 16) J71 481 .(91 .(101 .r111 .1121
lagoon
code
Date
mmlddlyy
Irrigation
Volume
(gallacre)
7
Waste Analysis
PAN
(Ib11000 gal)
PAN Applied
(Iblacre)
(8) x (9)
Nitrogen Balance
(lb/acre)
8 -10)
Punping
Hours
Remaining
Start Time
End Tlme
Total
mlmutos
3-2
# of Sprinklers.
operating
Flow Rate
Total Volume
gallons
8 x 5 x 4
(gallmin)
A
1000
LS1
3/6/2010
8
11
180
1
300
54000
10850.89
1
10.65
286.75
80.49
LS1
3/14/2010
8
11
180
1
300
54WO
10650.69
1
10,65
275.10
77.49
LS1
4/7/2010
8
11
180
1
300
54000
10660.89
1
10,65
204,45
74.49
LS1
4/15/2010
8
11
180
1
300
54000
10650.89
1
10.65
253.80
71.49
LS1
4/23/2010
8
12
240
1
175
42000
8284,024
3.2
26.51
227.29
34.30
LS1
4/2912010
8
11
180
1
175
31Soo
6213.018
3.2
19.88
207.41
31,30
LS1
S/412010
6
9
180
1
175
31500
8213.018
3.2
19.88
187.52
28,30
LS1
9/22/2010
7
10
180
1
175
31500
6213,018
1.0
9.94
177,68
53.59
LS1
10/10/2010
9
12
180
1
175
31500
6213.018
1.6
9.94
167.64
50.59
LS1
10/16/2010.
- .-.- . 9 ...
•„12_-_._W.._
_-180-
- 1 . ........175._......31500..
6213.018...._
1.6
._9.94-_.
157.70
47.59
Owners Signature
Certified Operator(Print)
Total 1 4155W 181952.661 1 138.70
703.2
Operators Signature
Operators Certification No.
1 NCDA Waste Analysis or Equivalent or NRGS Estimate, Technical Guide Section 633
2 Enter the value received by subtracting colum (10) from (8). Continue subtracting colum (10) from cotum (11) following each Irrigation event.
Page 1

L, S
WASTE UTILIZATION PLAN
Coharie Hog Farm
Tuesday, October 11, 2005
Producer: Lynn & Annette Smith
Farm Name:
Lynn & Annette Smith Farm 31-656
2430 North NC 111 Hwy
Pink HiII,NC 28572
Telephone # :
t
(252) 56"795
Type Of Operation:
Feeder to Finish Swine
Number of Animals:
3672 hogs design capacity
Application Method: Irrigation
The waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should be
used to reduce the amount of
commercial fertilizer required for the crops in the fields where
waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil tests are strongly
encouraged so that all plant nutrients can be balanced for realisticyields of the crop to be
grown. i
Several factors are important,in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
contents of the waste_ Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and avaialable water holding capacities. Normally waste shall not be applied to
land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may
be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on
saturated soils, when it is raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM regulations. Wind
conditions should also be considered to avoid drift and downwind odor problems. To
maximize the value of the nutrients for crop production and to reduce the potential for
pollution, the waste should be applied to a growing crop or applied to bare ground not more
than 30 days prior to planting: Injecting the waste or disking will conserve nutrients and
reduce odor problems. This plan is based on waste application through irrigation for this is
the manner in which you have chosen to apply your waste. If you choose to inject the waste
in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating
waste are not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient content
for this type of facility. Acreage requirements should be based on the waste analysis report
from your waste management facility. Attached you will find information on proper sampTing
techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste
utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
21-1.0217 adopted by the Environmental Management Commission.
FES 2 5 2011
BY;
Page 1 of 9

AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
3672 hogs X 1.9 tons wastelhogslyear = 6976.8 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
3672 hogs X 2.3 Ibs PANthogslyear = 8445.6 PAN/year
Applying the above amount of .waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown,
soil type and suface application.
i
TABLE 1 : ACRES OWNED BY PRODUCER '
TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC.
DETERMINING PHASE CODE WACRE WACRE USED TIME
5132
1
NORFOLK 0-2%
C
1151
131.1
0
4.64
608.304
MAR-JUN
5132
• 1
NORFOLK 0-2%
W
{ 60
125.4
0
4.64
581.856
SEP-APR
5132
+ 1
NORFOLK 0-2%
Se
1 351
137.2
0
4.64
636.608
APRSEP 15
5132
* 1
NORFOLK 0-2%
CO
875
78.75
0
4.64
365.4
APR-AUG
71502
* 1A
JOHNS ALL
C
120
130.2
0
1.74
226.548
MAR-JUN
71502
* 1A
JOHNS ALL
W
55
106.15
0
1.74
164.701
SEP-APR
71502
1A
JOHNS ALL
38
147.44
01.74
256.546
APRSEP 15
71502
* 1A
JOHNS ALL j
ESB
CO
800
58.4
0
1.74
101.616
APR-AUG
5141
* 1A
JOHNS ALL ?
C
120
130.2
0
24
312.48
MAR-JUN
5141
* 1A
JOHNS ALL 1
W
55
1(? .151
0
2.4
254.76
SEP-APR
5141
5141
1A
1A
JOHNS ALL Y
IJOHNS ALL
SB 4-
CO
38
I 8W
~ 147.441
58.4
131.11
0
0
2A
2.4
353.856
140.161
APRSEP 15
APR-AUG
5134
'A
NORFOLK 0 2% --
C .�i
115
0
3.89
509.979
MAR-iUN
5134
* 1A
NORFOLK 0-2%
W
60
125.4
fl
3.$9
487.806
SEP APR
5134
* 1A
NORFOLK I -2%
SB
35
- 137.2
-01
3.89
533.708
APRSEP 15
5134
1A
NORFOLK 0-2%
CO
875
7&75
0
3.89
306.338
APR-AUG
5138
* 1A
NORFOLK 0-2% f
C
115
131.1.
i
0
5.03
659.433
MAR-JUN
38
5138
* 1A
NORFOLK 0-2%
W
60
125.4
0
5.03
630.762
SEP-APR_
5138
* 1A
NORFOLK 0-2% _
L ss
35
137.2
01
5.03
690.116
APRSEP 15
5138
* 1A
NORFOLK 0-2%
CO
875
78.75
0
5.03
396.113
APR AUG
5141
* 18
JOHNS ALL
C
120
130.2
0
2.5
325.5
MAR-JUN
5141
1B
JOHNS ALL
W
55
106.15
0
2.5
255.375
SEP-APR
5141
* 1B
JOHNS ALL
SB
_
38
147.44
0
2.5
368.6
APRSEP 15
5141
* 1 B
JOHNS ALL
CO
$00
58.4
0
0
2.5
3.5
146
458.85
APR-AUG
MAR-JUN
5138
* 1 B
NORFOLK 0-2%
C
115
131 A
5138
• 1B
NORFOLK 0-2%
W
60
w 125.41
0
3.5
438.9
SEP-APR
5138
* 1B
NORFOLK 0-2% _
SB
35
137.2
0
3.5
480.2
APRSEP 15
5138
1 B
NORFOLK 0-2%
CO
$75
1201
{ 55
_._ 38
j 115
60
5
78
_.75
0
3.5
275.625
APR-AUG
71502
71502
71502
71502
5134
5134
5134
" 1B
* 1B
• 113
1 B
1B
* 1B
* 1B
1JOHNS ALL
JOHNS ALL --� --
JOHNS ALL _--- --
JOHNS ALL -- - -
NORFOLK 0-2%
NORFOLK 0-2%
NORFOLK 0-2%
CC
- W
SB
C�800
C
W
SB
130.2
106.15
147.444
58.4
131_1
125.4
137.21
0
0
-� 0
�0
01
^ 0
3.98
.98
3.98
3.98
4
4
518.196.
422.477
_586.811
232.432
524.4
501.6
MAR,IUN
SEPAPR -
APRSEP 15
APR AUG_
MAR-JUN
SEPP-APR
0
4
548.$
APRSEP 15
5134
1B
NORFOLK 0-2%
CO i
8751
78.75
0'
4
3151
APR-AUG
5134
2
NORFOLK 0-2%
C
115
131.1
02
3.09
405.099
MAR-JUN
5134
2
NORFOLK 0-2%
W
60
125.4
0
3.09
387.486
SEPAPR
5134
!* 2
NORFOLK 0-2%
SB
35
137.2
0
3.09
423.948
APRSEP 15
5134
• 2
NORFOLK 0-2%
CO
875
78.75
0
3.09
243.338
APR-AUG
5132
2
NORFOLK 0-2%
C
115
131.1
0{
4.51
591.261
MAR-JUN
5132
* 2
NORFOLK 0-2%-----W
60
125.4
641
SEP-APR
Page 2of9

5132
2
NORFOLK 0-2%
SB
35
137.2
0
4.51
618.772
APR-SEP 15
5132
* 2
NORFOLK 0-2%
CO
875
78.75
0
4.51
355.163
APR-AUG
71502
• 2A
PACTOLUS ALL
C
65
77.35
0
1.28
99.008
MAR-JUN
71502
* 2A
PACTOLUS ALL
W
35
78.05
01
1.28
99.904
SEP-APR
71502
2A
PACTOLUS ALL
SB
21
83.16
0
1.28
106.445
APRSEP 15
71502
2A
PACTOLUS ALL
CO
550
57.2
0
1.28
73.216
APR-AUG
5141
2A
JOHNS ALL
C
120
130.2
0
2.57
334.614
MAR-IUN
5141
2A
JOHNS ALL
W
55;
106.15
0
2.57
272.806
SEP-APR
5141
• 2A
JOHNS ALL
SB
381
147.44
0
2.57
378.921
APR-SEP 15
5141
2A
JOHNS ALL
CO
BOD
58.4
01
2.57
150.088
APR-AUG
71502
* 2B
PACTOLUS ALL
C
65
77.35
0
1.08
83.538
MAR-JUN
71502
■ 2B
PACTOLUS ALL
W
35
78.05
0
1.08
84.294
SEP-APR
71502
* 2B
PACTOLUS ALL
SB
21
83.16
0
1.08
89.8128
APR-SEP 15
71502
5141
* 2B
* 29
PACTOLUS ALL
JOHNS ALL
1 CO
-C
W i
550
-_- 120
55
572,
- -13p_�
106.15
0
1.08
61.776
APR-AUG
0
0
1.19
1.19
154.939
126.319
MAR-JUN
SEP-APR
5141
* 28
_
JOHNS ALL W ,�
5141
28
JOHNS ALL
SB
38
147.44
0
1.19
175.454
APRSEP 15
5141
2B
JOHNS ALL I
CO
800
58.4
0
1.19
69.496
APR-AUG
5134
3
NORFOLK 0-2%
C
115
131.1
0
2.42
317.262
MAR-JUN
5134
" 3
INORFOLK 0-2%
W
60
125.4
0
2.42
303.468
SEP-APR
5134
* 3
NORFOLK 0-2%
SB
35
137.2
0
2.42
332024
APRSEP 15
5134
* 3
NORFOLK 0-2%
CO
875
78.75
0
2.42
190.675
APR-AUG
71502
* 3
NORFOLK 0-2%
j C
115
131.1
0
3.35
439.185
MAR-JUN
71502
* 3
NORFOLK 0-2-A
w
60
125.4
0
3.35
420.09
SEP-APR
71502
* 3
NORFOLK 0-2%
SB
35
137.2
01
3.35
459.62
APRSEP 15
71502
* 3
NORFOLK 0-2%
CO
875
78.75
0
3.35
263.813
APR-AUG
71502
5A
NORFOLK 0-2%
BH
6.5
296.4
01
3.22
954.408
MAR-OCT
715M
- SA
NORFOLK 0-2%
SG
1
50
0
3.22
151
SEP-MAY
71502
5B
NORFOLK 0-2%
BH
6.5
2996.4
0
5.01
1484.96
MAR OCT
71502
- 5B •
NORFOLK 0-2%
SG
1
50
0
5.01
250.5
SEP-MAY
71502
5C
NORFOLK 0-2%�
BH
6.511
296.4
0
4.73
1401.97
MAR-OCT
Jv 71502
71502
71502
_ 5C
5D
- 5D
NORFOLK 0-2%
AUTRYVILLE ALL
AUTRYVILLE ALL ---
SG
BH
SG -
; 1
5.5
�-
50
269.5
- 50
01
0
0
4.73
5.07
5.07
236.5
1366,37
253.5
SEP-MAY
MAR-OCT
5EP MAY
71502
5E
NORFOLK 0-2%
BH
6.5
�296.4
0
0.19
56.316
MAR-OCT
71502
- 5E
NORFOLK 0-2% _
SG
1
50
0
0.19
9.5
SEP-MAY
71502
5F
NORFOLK 0-2%
BH
6.5
_
296.4
0
0.19
56.316
MAR-OCT
71502
5F
NORFOLK 0-2%
SG
1
50
! 0
0.19
9.5
SEP-MAY
71502
* 6
AUTRYVILLE ALL
C
_
85
104.55
0
5.03
525.887
MAR-JUN
71502
* 6
AUTRYVILLE ALL
W
45
104.4
0
5.03
525.132
SEP-APR
71502
6
AUTRYALLE ALL
SB
25
100
OF
5.031
503
APRSEP 15
71502
6
AUTRYVILLE ALL
CO
700
78.4
01
5-031
394.352
APR-AUG
TOTALS: 14664.7
Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
t
3
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requinnents. Beginning in 1996 the Coastal Zone Management Act will require farmers in
some eastern counties of NC to have a nutrient management plan that addresses all
nutrients. This plan only addresses Nitrogen.
Page 3 of 9

TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land. See required specifications 2.)
There are no Acres Leased
-- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
* Acreage figures may exceed total acreage in field due to overseeding.
**Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial
nitrogen (COMM N) supplied:
k
The following legend explains tk he crop codes used in TABLES 1 and 2 above:
�
i
CROP CODE
CROP
UNITS
LBS NIUNIT
C
CORN
BUSHELS
1.25
CO
COTTON
POUNDS
.12
CO
COTTON
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
SG
SMALL GRAIN OVERSEEDED
AC
50
SB
SOYBEANS
BUSHELS
4
W
WHEAT
BUSHELS
2.4
W
VMEAT
Page 4 of 9

TOTALS FROM TABLES 1 AND 2
ACRES LBS Aw
N USED
TABLE 1 74.61F 14,665.1
TOTALS. T4.61I 14,865
AMOUNT OF N PRODUCED. I 46 8,4
***BALANCE -6,219
*'* This number must be less than or equal to 0 in order to fully utilize the animal waste N
produced.
Acres show in each of the preceeding tables are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter
areas not receiving full application rates due to equipment limitations. Actual total acres in the
fields listed may, and most likely will be, more than the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of
sludge at agronomic rates. The sludge will be nurturient rich and will require;precautionary
measures to prevent over application of nutrients or other elements. Your production facility
will produce approximately 1368.64 pounds of plant available nitrogen (PAN) per year in the
sludge that will need to be removed on a periodic basis. This figure is PAN when
broadcasting the sludge. Please be aware that additional acres of land, as well special
equipment, may be needed when you remove this sludge.
See the attached map showing the fields to be used for the utilization of waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the soil at the time of
irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture
content, soil structure, soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the soil at the time of
irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the
crop.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 5.92 months. In no instance should the volume of
waste being stored in your structure be within 1.67 feet of the top of the dike.`
If surface irrigation is the method of land application for this plan, it is the responsiblity of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application rates and amounts.
APPLICATION APPLICATION
TRACT FIELD SOIL TYPE CROP RATE pnfto AMT finches)
5132
•1,'2
NORFOLK 0-2%
co
. 0.50 i'1
5132
$1,'2
NORFOLK 0-2%
sB
0.50
'1
5132
`1,'2
NORFOLK 0-2%
W
0.50
"1
5132
•I,'2
NORFOLK 0-2%
C
__ 0.50
`7
5134
*IA, 016, •2, •3
_
NORFOLK 0-2%
C
0.50
*1
5134
•IA,'1B,'2, •3
_
NORFOLK 0-2% _
_
co
0.50
'1
5134
*IA, *IB,'2, •3
NORFOLK 0-2%
SB
0.50
'1
5134
•IA, •IB, *2, *3
NORFOLK 0-2%
W
0.50
'1
513E
•IA, •IB
NORFOLK 0-2% _
CO
0.50
`3
5138
*IA, *1B
NORFOLK 0-2%
SB
0.50--
5138
'1A,'IB
NORFOLK 0-2%
C
0.50
'1
5138
`IA, •IB
NORFOLK 0-2%
W _
0.50
'1
5141
•lA,'iB, s2B
JOHNS ALL
W
0.50
'1
Page 6 of 9

5141
`IA. *1B. *2A, 02B
JOHNS ALL
C
0.50
'1
5141
•IA, •IB,'2A, 02B
JOHNS ALL
CO
0.50
*1
5141
•1A, •IB, •2A, *2B
JOHNS ALL
SB
0.50
*1
71502
'M *M
PACTOLUS ALL
w
0.50
*1
71502
'd
AUTRYVILLE ALL
C
0.60
*1
71502
'3
NORFOLK 0-2%
C
0.50
*1
71502
`2A, •2B
PACTOLUS ALL
SB
0.75
*1
71502
*M *2B
PACTOLUS ALL
CO
0.75
*1
71502
'2A, -2B
PACTOLUS ALL
C
0.75
'1
71502
•3
NORFOLK 0-2%
W
0.50
*1
71502
-5A, -5B. -5C. -51, -5f
NORFOLK 0-2%
SG
0.50
*1
71502
51D
AUTRYVILLE ALL
BH
0.60
*1
71502
03
NORFOLK 0-2%
CO
0.50
*1
71502
'6
AUTRYVILLE ALL
CO
0.60
`1
71502
5A, 5B. 5C. 5E. 5F
NORFOLK 0-2%
BH
0.50
`1
71502
'IA,'IB
JOHNS ALL
W
0.50
; '1
71502
•IA, •1B
JOHNS ALL
SB
0.50
j *1
71502
•1A, •IB
JOHNS ALL
CO
0.50
`1
71502
•IA 'iB
JOHNS ALL
C
0.50
*1
71502
'6
ALrrRYVILLE ALL
W
0.50
*1
71502
-5D
AUTRWLLE ALL
SG
0.60
'1
71502
06
AUTRYVILLE ALL
ss
0.60
*1
71502
•3
NORFOLK 0-2%
SB
0.50
`1
* This is the maximum application amount allowed for the soil assuming the amount of
nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Page 6 of 9

.NARRATIVE OF OPERATION
This plan is the same plan executed on 12-31-2002 when the farm was owned by Dennis
Smith. All acreages and application rates remain the same. f'1-b&A.4C—AZs ale morph+,
IZre-,C •s
Page 7of9

' f
,PLANS & SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division of Water Oua* for every
day the discharge continues. E
2. The Feld Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land to properly dispose of waste. �If the producer
does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy
of a written agreement with a landowner who is within a reasonable proximity! allowing
him/her the use of the land for 'waste application for the life expectancy of the. production
facility. It is the responsibility of the owner of the facility to secure an update of the Waste
Utilization Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type,lavailable moisture, historical data, climate conditions, and
level of management, unless there are regulations that restrict the rate of application for other
nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RMS) or
an Altemative Conservation System (ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year] and appropriate filter strips will be used where runoff leaves
the field. These filter strips will be in addition to 'Buffers" required by DEM. (See FOTG
Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers).
1
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
3
6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the
waste may be broadcast provided the application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in the N.RCS Technical Reference -
Environment file for guidance.)
*7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control conditions
conducive to odor or flies and to provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with
a high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a crop on bare soil.
11. Any new swine facility sited on or after October 1, 1995 shall comply with the following'.
the outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
Page a of 9

and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste
other than swine waste from facilities sited on or after October 1, 1995), shall not be applied
closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips)
I
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landownwer.
14. Waste shall be applied in a manner not to reach other property and public right - of ways.
15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over-spraying.iAnimal waste may be applied to prior converted croplands
provided they have been approved as a land application site by a "technical specialist".
Animal waste should not be applied on grassed waterways that discharge directly into water
courses, except when applied at agronomic rates and the application causes no runoff or drift
from the site.
*16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
2
*17. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms,l pipe runs, etc_). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where
considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms
and structures should be inspected regularly for evidence of erosion, leakage or discharge.
*18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
*19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be
kept on site.
20. Animal waste can be used, in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption, it should only be applied as a preemergence with no other applications of
animal waste during the crop season.
*21. Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to marls
the maximum storage volume fpr waste storage ponds.
22. Waste shall be tested within 60 days of utilization and soil shall be tested at least
annually at crop sites where waste products are applied. Nitrogen shall be the rate -
determining element. Zinc and copper levels in the soils shall be monitored and alternative
crop sites shall be used when these metals approach excessive levels. pH shall be adjusted
for optimum crop production amd maintained. Soil and waste analysis records shall be kept
for five (5) years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
Page 9 of 9

23. Dead animals will be disposed of in a manner that meets North Carolina Department of
Agriculture regulations.
* Liquid Systems
Page 10 of 9

NAME OF FARM: Lynn & Annette Smith Farm 31-666
OWNER I MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications and the operation and
maintenance precedures estalished in the approved animal waste utilization plan for the faun
named above. I (we) know that any expansion to the existing design capacity of the waste
treatment and/or storage system or construction of new facilities will require a new utilization
plan and a new certification to be submitted to DEM before the new animals are stocked.
I (we) understand that I must own or have acces to equipment, primarily irrigation equipment,
to land apply the animal waste described in this waste utilization plan. This equipment must
be available at the appropriate pumping time such that no discharge occurs from the lagoon
in a 25-year 1-day storm event.! I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACILITY OWNER:
SIGNATURE: d
NAME OF MANAGER (if d
Lynn & Annette Smith
DATE: /V `/ -Q'
from owner):
please print]
SIGNATURE: DATE:
NAME OF TECHNICAL SPECIALIST: Curtis Barwick
i
AFFILIATION: Coharie Hog Farm
ADDRESS (AGENCY): 300 Westover Rd.
Clinton, NC 28328
910) 5 1122
SIGNATURE: DATE:
Page 11 of 11

ti
r.
a
T 'it41
i
Dennis Smith Farm
Facility # 31 -656
. ...,may ..�
�• � 'ALA { :. ".`
4, r3 ,1o.
�6

V4 �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue i Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 26, 2011
CERTITND MAIL
RETURN RECEIPT REQUESTED
7010 0290 0003 0834 1024�
Mr. Timothy L Smith FEB Z
Z,011
2430 NC Hwy III N Br:
Pink Hill, North Carolina 28572
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2011 DV-0036
Administrative Code 15A NCAC 2T .1304
Lynn & Annette Smith Farm Facility No. 31-656, Permit No. AWS310656
Dulpin County
Dear Mr. Smith:
On January 6, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Lynn & Annette Smith Farm and the permitted waste management system as a follow-up to a
complaint received by the Wilmington Regional Office (WiRO).
f
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste management system pursuant to -15A NCAC 2T _1304, you have been found to be in
violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General
Permit No. AWG100000 as follows:
Violation 1:
Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches surface
water, wetlands; or by other means of conveyance that drains to surface water or wetlands in accordance with
Condition 1. 1. of Swine Waste System General Permit No. AWG100000.
On January 6, 2011 staff from the WiRO, DWQ responded to a complaint that the facility was pumping and the
waste was ponding and causing runoff. The farm owner stated in a phone conversation that he had been pumping
on January 4, 2011. Upon arrival to the facility, excessive ponding was noted in a -grass water way, but no waste
left the field. There was also ponding in a back corner of the field where the edge of the field had eroded and
waste was draining into the ditch next to the field. DWQ staff followed the waste approximately one half mile
from the point the waste entered the ditch The farm owner stated that the Cape Fear River is where the ditch
eventually ends up dumping and that river is approximately 1.5 miles from the farm.
Wilmington Regional Office \
127 Cardinal Drive Extension Wilmington, NC 28405 \ NO C Carolina
Phone: 91D-796-7215 / FAX: [phone] '
Internet: www.ncwateracaliibG= aturallty
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper

Lynn & Annette Smith Farm
Notice of Violation with Recommendation for Enforcement
31-656
January 26, 2011
Page 2 of 2
Required Corrective action for Violation 1:
If you have not already done so, discharged waste shall be contained and recovered. Take all action
necessary to abate any damages and to prevent reoccurrence of such discharge event again.
Violation 2:
Failure to apply anunal waste at rates intended to prevent runoff or ponding in accordance with your CAWMP
and Condition 1L 5. of Swine Waste Sys iem General Permit No. AWG100000.
On January 6, 2011 staff from the WiRO, DWQ responded to a complaint that the facility was pumping and the
waste was ponding and causing runoff. The farm owner stated in a phone conversation that he had been pumping
on January 4, 2011. Upon arrival to the facility, excessive ponding was noted in a grass water way, but no waste
left the field. There was also ponding in a back corner of the field where the edge of the field had eroded and
waste was draining into the ditch next toJ the field.
J
Required Corrective action for Violation 2: i
If you have not already done so, immediately cease application methods of animal waste that causes or
contributes to ponding and take all necessary steps to insure this violation does not reoccur. The steps could
include but are not limited to modification of you CAWMP and/or adjustment and calibration of the spray
irrigation equipment.
J
The Division of Water Quality requests ghat, in addition to the specified corrective action above, please submit the
following items on or before February 25, 2011:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2010 to the present along with a copy of your CAWMP.
2. An explanation from the OIC for this farm regarding how this violation -occurred.
3. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the
future.
You are required to take any necessary action to correct the above violations on or beforeFebruary`14
2011 and to provide a written response to this Notice by February25,'ZU11' Please include in your response
all corrective actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Amanda Gaines at [phone].
Yours very truly,
n I ��
Charles F. Stehman, Ph.D., P.G.
Environmental Program Supervisor III
cc: APS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
John College, DSWC-WiRO
DWQ Wilmington Animal Files 31-656
S AWQSIANIMA LS\DUPL1N12011131-656NOVREF

ENVIRONMENTAL CHEMISTS, I N C 6e02 rnndmur war wfimf,*wt . NC ,?§W
OFFICE: 010-3924M FAX [phone]
Mayticat a ConsubV Chaml NCDENR: DWp CERTIFICATM 164 NCDHHS: DLS CIE"FICATION t 37729
W
CHAIN OF CUSTODY
PROJECT NAME: -SOS(s) REPORT NO:
ADDRESS: CONTACT NAME: Arn "nf- _ 6plAIr PO NO:REPORTTO' PHONEWAX. 9,1 G - -� S(.) 4 (q
COPY TO: EMAIL:
SamDled BY: SAMPLE TYPE: I Q Influent. E m Effluent. W d Well. ST 0 Stream, 80 - Soil, SL ¢ Sludge, Other:
�e
mmmmmoo
MIN
Tempefih�re when Received: ceQted: Rejected: Resample Requested:
Deliverod By:. _ rn Afar ES Received By: ` Date: Time: 1 s k l O
Comments: TURNAROUND: