310765_ENFORCEMENT_20171231

NOHTH CAHQLINA
Department of Environmental Qua!

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QF W A 7-4s;qp�
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
t7 -1c Alan W. Klimek, P-E. Director
Division of Water Quality
November 13, 2003
MR RICHARD L BURROWS
BURROWS AND HALL ATTORNEY AT LAW
317 NORTH NORWOOD STREET
P O BOX 816
WALLACE NC 28466
SUBJECT: Acknowledgment Receipt Letter
JLH Farms LLC
File # DV 03-034
Duplin County
Dear Mr. Burrows:
This letter is to acknowledge receipt of your check # 1850 in the of amount $5,505.57
received from JLH Farms LLC.
This payment satisfies in full the civil assessment in the amount of $5,505.57 levied
against JLH Farms, LLC_, and this enforcement case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
If you have any questions please call Keith Larick at [phone] ext. 571.
Sincerely,
Cd&").
Keith Larick
Non -Discharge Compliance & Enforcement
KL: sw
cc: Wil o .Regional-Offce•
Enforcement/Compliance Files # DV 03-034
Central Files*
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpJ/h2o.enr state.nc.us

October 2,'2003
Mr. Richard Burrows
JLH Farms, LLC
P.O. Box 546
Rose Hill, NC 28458
RE: Request for Remission of Civil Penalty
File No. DV 03-034
Duplin County
Permit No. AWS310765
Dear Mr. Burrows:
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
I have considered the information submitted in support of your request for remission in
accordance with North Carolina General Statute 143-215.6A(f) and have decided to modify the
initial penalty assessment of $6,505.57 to the total amount of $5,505.57.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
. If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Keith Larick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Customer Service: Mailing Address: Telephone [phone] Location.
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
httpl/h2o.enr. state.nc. us

n
_ 4
Mr. Burrows
Page 2
October 2, 2003
If you or your representative would like to speak before the Committee, you must complete
and return „the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Keith Larick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone] ext. 571 or Steve Lewis at [phone] ext. 539.
Sincerely,
Alan W. Klimek, P.E.
AWK/kdl
cc: Rick Shiver, Wilmington Regional Supervisor
Gale Stenberg, Wilmington Regional Office
File No. DV 03-034
Central Files

DWQ- - CIVIL. ASSESSMENT REIUSSION FACTORS CONSIDERATION
Case Number: DV 2003-0034 Region WiRO County: Duplin
Assessed Entity: JLH Farms, LLC (aka Swamp Fox Farms)
O Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes: The petitioner claims that one of the assessment factors was applied to the detriment of the
violator, and after discussions with the petitioner, and after looking at all the facts in the case, staff
agree that there was a misunderstanding about the failure to notify of a discharge. Accordingly, staff
recommends that the assessment for failure to notify of over application of wastewater within 24
hours within first knowledge of such an event be remitted in full ($1000).
{) Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes: The violator did not promptly clean up the spilled wastewater.
() Whether the violation was inadvertent or a result of an accident;
Notes: Staff observed three discharges from the farm on the day of inspection. One of these
discharges was caused by an equipment malfunction, which the violator alleges was inadvertent.
The other two discharges into ditches were the result of over application of wastewater. Staff does
not necessarily allege that these discharges were willful and intentional but do believe that closer
monitoring of the equipment and spray events would have allowed the petitioner to avoid ponding
and runoff.
O Whether the violator had been assessed civil penalties for any previous violations;
Notes: The violator has not been previously assessed.
{) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Notes: The violator does not claim an inability to pay this assessment. In fact, the violator has
agreed to pay all the assessment except for the S 1000 for the failure to report Condition lII. 6. of
the General Permit.
Decision (Check one)
Request Denied Full Remission
remitted $1000
Date
Partial remission _X_ Amount
dA, _ K4�-
Alan Klimek, P.E.

IN
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- Address County r - Region
Central Office Contact 'Keith Larick
Gale Stenberg
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Total Case Penalty ', • 1
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Remission Request
Comments

Michael F. Easley
�O G Governor
- William G. Ross Jr., Secretary
--i Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 14, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Richard Burrows
JLH Farms, LLC
P.O- Box 546
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Swamp Fox Farms
Duplin County
File No. DV 03-034
'P.eimit-No AWS310765'
Dear Mr. Burrows:
This letter transmits notice of a civil penalty assessed against JLH Farms, LLC in the amount of
$6,505.57, including $505.57 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and
Natural Resources (do not include waiverform). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Keith Larick
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax (919) M-0059 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal OpportunitylAffirmative Action Employer
50% recycled/ 10% post-consumerpaper
httpJ/h2o. enr state.nc. us

2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of 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:
Keith Larick
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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 petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission_ The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Ietter, 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 Keith Larick at [phone], extension 571.
Sincerely,
. Kent Wig b ns
Acting Supervisor
Non -Discharge Compliance/Enforcement Unit
ATTACHMENTS
cc Regional=SupervisoFxv/•attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STIFICATION FOR REMISSION RE VEST
DWQ Case Number: DV-03-034 County: Duplin
Assessed Party: 7LH Farms, LLC
Permit No. (if applicable): AWS310765 Amount Assessed: $6,505.57
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed_ Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N_C.G.S.T143B-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) pgMent of the civil penalty will prevent payment for the remaining necess
remedial actions (i.e., explain haw payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF Duplin
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
JLH Farms, LLC ) STIPULATION OF FACTS
FILE NO. DV 03-034
Having been assessed civil penalties totaling $6,505.57 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated August 14,
2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right
to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20T

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
JLH FARMS, L.L.C.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FOR MAKING AN OUTLET TO
WATERS OF THE STATE WITHOUT
A PERMIT AND VIOLATIONS OF
GENERAL PERMIT AWG100000
FILE NO. DV 03-034
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL. PENALTIES
}
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting
Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section
of the Division of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A JLH Farms, L.L.C. (JLH) is a limited liability corporation existing under the laws of
North Carolina.
B JLH owns and operates Swamp Fox Farms, a swine animal operation located in
Duplin County.
C JLH was issued Certificate of Coverage AWS310765 under Swine Waste General
Permit AWG100000 for Swamp Fox Farms on March 17, 2000, effective on March
17, 2000, with an expiration date of October 1, 2004. This permit does not allow the
discharge of waste to waters of the State.
D On March 27, 2003, DWQ staff inspected Swamp Fox Farm in response to a citizen
complaint. Staff observed a discharge of wastewater from a spray field to a wetland
area.
E JLH had no valid permit for the discharge.
F Condition No. I. I. of the General Permit states in part that "The animal waste
collection, treatment, storage and application system permitted under this permit shall
be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters, wetlands, or ditches."

G Condition No. 11.4 of the General Permit states that "Land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed
the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application." CAWMP is the acronym for Certified Animal Waste
Management Plan.
H During the March 27th inspection, staff observed wastewater ponded in two
additional spray fields and running off from the spray fields to farm ditches.
The operator in charge (OIC) of the waste management system for Swamp Fox Farms
stated to staff that waste irrigation had occurred on March 25th and 26th. The OIC
also stated to staff that he had observed wastewater runoff from one of the spray
fields referenced in Item H. to a farm ditch. The OIC showed staff where he had
placed dirt in the ditch to make a small dam to block the runoff.
Condition No. III. 6. L of the General Permit states in part that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in no
case more than 24 hours following first knowledge of the occurrence of overapplying
animal waste in excess of the limits set out in the CAWMP.
K JLH failed to notify DWQ of the occurrence of overapplication of wastewater that
resulted in runoff to the ditch and was in excess of the limits set out in the CAWMP.
L The cost to the State of the enforcement procedures in this matter totaled $505.57
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. JLH Farms, L.L.C., is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. The wetlands constitute waters of the State within the meaning of G.S. 143-212(6).
C. The above -cited discharge constituted making outlets into waters of the State for
purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1.
D. JLH Farms, L.L.C. violated Condition I. 1. of the General Permit by failing to operate
the animal waste collection, treatment, storage and application system as a non -
discharge system and prevent the discharge of pollutants to ditches.

E. ILH Farms, L.L.C. violated Condition III. 6. f. of the General Permit by failing to
report by telephone to the appropriate Regional Office as soon as possible, but in no
case more than 24 hours following first knowledge of the occurrence of the
overapplying animal waste in excess of the limits set out in the Certified Animal
Waste Management Plan (CAWMP).
F. JLH Farms, L.L.C. may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five
thousand dollars ($25,000.00) per violation per day may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit.
G_ The State's enforcement costs in this matter may be assessed against ILH Farms
L.L_C. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of
the Water Quality Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, JLH Farms, L.L.C. is hereby assessed a civil penalty of:
$ d d a for making an outlet to the waters of the State without a permit
as required by G.S. 143-215.4
$ / O 6 d for / of two violations of Conditions No. I. I. of the
General Permit by failing to operate the animal waste
collection, treatment, storage and application system as a non -
discharge system and prevent the discharge of pollutants to
ditches
$/ Q 4 for violation of Condition No. III.6. f. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of the over -
application of animal waste in excess of the limits set out in
the CAWMP
$ 505.57
$ ,sa_6 5-7
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) 'The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(bate)" Kent Wiggins
Acting Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

(Type of Visit 0• Compliance Inspection O Operation Review O Lagoon Evaluation
for Visit O Routine © Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 31 765 Date of Visit: 03127/2iltl3 Time: 1300
rO Not Operational Q Below Threshold
® Permitted ® Certified E3 Conditionally Certified 13 Registered Date Last Operated or Above Threshold:...........
FarmName: .............................................................................. County: Axtpllick............................................... MMO.........
Owner Name: ................................................... &H.Earmsr.LLC.................................. Phone No: 910:-225.-3.69.0 ...........................................................
Mailing Address: F .Uax J5.4.6................................ ... Rasp.dill. NC............................. ..... MO..$ .............
FacilityContact:.............................•................................................ Title:................................................................ Phone No:.......................................---.........
Onsite Representative: ..................................................................................... . .................... Integrator: Uurp1ty..FanWy..Fanm .....................................
Certified Operator:,ToIlLI.Brajd1,ey....................... Halea.u............................................ Operator Certification Number: 189.52.............................
Location of Farm:
West of Wallace. On Southeast side of SR 1129 approx. 0.2 nine Southwest of SR 1102.
rr
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 45 55 u Longitude 1 78 • 0$ 6 20 «
Desi n "Current Destgn;, Current Desl n Current
Swine Ca 'ac Po ` ulation Poultrya Eapacity Populattod' Cattle Capagrty, Topulafian
❑ Wean to Feeder
® Feeder to Finish
11016
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .................L................................2.................................3..........................................................................................................................
Freeboard (inches): 17 21 20.7
05103101 Continued

oF W A rE�QG
7 �
Mr. Richard Burrows
JLH Farms, LLC
P.O. Box 546
Rose Hill, NC 29458
RE: Remission Request
Swamp Fox Farms
Permit No. AWS310765
Duplin County
File DV 03-034
Dear Mr. Burrows:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
of Environment and Natural Resources
" Alan W. Klimek, P.E. Director
Division of Water Quality
September 19, 2003
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
October 1, 2003, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone], ext. 571.
Sincerely,
zcl 4-1.1;(
Keith Larick
Non -Discharge Compliance & Enforcement
cc: Rick Shiver, Wilmington Regional Supervisor w/attachment
Gale Stenberg, Wilmington Regional Office w/attachment
Central Files
File DV 03-034 w/ 3 attachments
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 1 0 o post -consumer paper
ht tp J/h2o. enr. s to te. nc. us

BURROWS a HALL
ATTORNEYS AT LAW
317 NORTH NORWOOD STREET
P.O. BOX 816
WALLACE. NC 2846E
RICHARD L. BURROWS TELEPHONE [phone]
FREDRIC C. HALL FACSIMILE [phone]
September 14, 2003
VIA TELEFAX: 1-919-733-0059
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Assessment of Civil Penalties
Swamp Fox Farms
Duplin County
File No. DV-03-034
Permit No. AWS310765
Dear Sirs:
In connection with the request for Remission of Civil Penalties, please be advised as follows:
The second item of civil penalties was for $1,000.00 for failure to notify the State of an
inadvertent spill. In discussing the matter with Rick Shiver and his staff members who investigated
the matter, we learned that there.was an apparent misunderstanding in that the staff thought the farm
manager had acknowledged that he knew of a runoff was occurring, and to avoid it he erected a
small earthen dam to stop a runoff. In fact, he was stating that he had erected the small earthen dam
as a preventative measure to avoid any runoff and was not aware of any runoff until the investigation
revealed that a very minimal' amount of runoff had occurred in the area in question.
1 am advised that Mr. Shiver has already recommended that that portion of the fine be
remitted.
The Grower is prepared to pay the balance of $5,505.57, upon confirmation that the
remission has been documented. A copy of the Waiver is herewith enclosed.
Please advise if there are any further questions.
LOA
Richard L. Burrows
RLB:raj
cc: Rick Shiver
Jft

E
STATE OF NORTH CAROLINA
COUNTY OF Duplin
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
JLH Farms LLC
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 03-034
Having been assessed civil penalties totaling $6,505.57 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated August 14,
2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right
to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of / / _ _ , 20D-.
,[. , A. I- C, djh/-* S'644ix
GNA'dURFP
ADDRESS
P.O. Box 816
Wallace, NC 28466
TELEPHONE
[phone]

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
MEMORANDUM
TO: Steve Lewis, Environmental Specialist III
Non -Discharge Compliance/Enforcement Unit
FROM: Gale Stenberg, Environmental Specialist II
Wilmington Regional Office
THROUGH: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
JLH Farms, LLC
Facility: Swamp Fox Farms, # 31-765
Duplin County
DATE: June 30, 2003
Attached please find the subject enforcement report that concludes JLH Farms, LLC:
Violated Condition No. II. 4. of the Swine Waste General Permit by applying waste at rates
that resulted in ponding or runoff or both.
2. Violated Condition M. 6. f. of the Swine Waste General Permit by failing to report to the
Wilmington Regional Office by telephone as soon as possible or at least within 24 hours
following first knowledge of the overapplication of animal waste in excess of the limits set
out in the Certified Animal Waste Management Plan (CAWMP).
On March 27, 2003, in response to a referral from Rick Dove of the Waterkeeper Alliance, Stonewall
Mathis and I performed an inspection of this facility. Three separate areas of ponded waste or waste
runoff were identified.
1. The first area identified was an area of waste ponding apparently caused by waste discharge
from an air relief valve that occurred while transferring waste from one lagoon to another
before or on March 25, 2003. This is the area that was photographed by Rick Dove.
2. The second and third areas of waste ponding and waste runoff were the result of land
application events that occurred during the time period from March 25, 2003 to March 26,
2003.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Memorandum to Steve Lewis
JLH Farms, LLC, Enforcement Report
June 30, 2003
Page 2
The operator knew of at least one of the ponding and runoff events and failed to notify the State as
required by the permit.
It is recommended that appropriate civil penalties be assessed in accordance with North Carolina
General Statute 143-215.6A(a)(2). It is also recommended that all of the enforcement costs incurred
in the investigation be recovered in the amount of $505.57 pursuant to North Carolina General
Statute 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8).
Mr. Burrows response, dated June 10, 2003, to the Notice of Violation and Recommendation for
Enforcement which was issued on June 4, 2003 is attached.
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)

Violator:
Contact Person:
Address:
Facility 4:
Receiving Stream:
Classification:
Regional Office:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
JLH Farms, LLC
Richard Burrows
Swamp Fox Farms, P.O. Box 546, Rose Hill, NC 28458
31-765
Unnamed Tributary to Doctors Creek
Doctors Creek is listed as Class C Sw Waters of the State
Wilmington
Inspector: Gale Stenberg & Stonewall Mathis
Report Prepared By: Gale Stenberg & Stonewall Mathis
Case Narrative:
On March 27, 2003, in response to a referral from Rick Dove of the Waterkeeper AIliance, Stonewall
Mathis and I performed an inspection of Swamp Fox Farms. Three separate areas of ponded waste
or waste runoff or both were identified as follows:
The first area identified was apparently caused by waste discharge from an air relief valve
that had occurred while transferring waste from one lagoon to another before or on March
25, 2003. Waste from this discharge ponded adjacent to the turkey houses in an open newly
cleared field.
2. The second area identified was caused by an over application of waste on one of the spray
fields. The waste was applied during the time period from March 25, 2003 to March 26,
2003. Ponded waste from this application event drained into a ditch that runs next to the
center field path, flowed down a side drainage way into the ditch that runs along the edge of
the field and then appears to have drained into an unnamed tributary to Doctors Creek. Mr.
Hales informed us that after the application event he tried to stop the flow of waste down the
drainage ditch by digging a small earth dam and then showed us how this did not work.
Sample results verified ponded waste on the farm property in and about the spray field in this
area but did not verify waste in the unnamed tributary to Doctors Creek. However, visual
observations suggest that there was a discharge of swine waste into the unnamed tributary
in this area. At the time of the inspection, nothing more had been done to clean up the
ponded waste, and the State was not notified of this event as required by the permit.
3. The third area identified was also caused by an over application of waste event. The waste
was applied to a spray field during the time period from March 25, 2003 to March 26, 2003.
Ponded waste from this application event appears to have runoff of the field and discharged
directly into the ditch that runs along the edge of the field and then empties into the unnamed
rJ

tributary to Doctors Creek. Sample results verified ponded waste on the farm property in and
about the spray field in this area and in the edge of the ditch near the field edge, but due to
the amount of fresh rain water flowing in this ditch, the results did not verify waste in the
unnamed tributary to Doctors Creek. However, visual observations suggest that swine waste
did discharge into the unnamed tributary to Doctors Creek.
Farm and/or. Company Compliance History: Include a copy of CAFO Designation letters,
previous NOV's NOD's previous civil assessments etc.
A Notice of Violation. dated July 29, 1997, was issued to a previous owner for wastewater that
flushed into a storm water diversion area, poultry waste improperly applied, erosion of lagoon walls
and crops planted that do not match the Waste Management Plan.
Amount of Waste Discharge if applicable). If amount cannot be estimated what is the rate
of flow reacbing surface water.
At the time of the inspection, the inspectors observed animal waste in the field ditch that is
contiguous to waters of the state. Based on the visible evidence, the inspectors estimated that there
had been a discharge of at least 500 gallons of animal waste to waters of the state. While the visible
evidence supports the occurrence of a discharge to waters of the state, the sample results were
inconclusive about the occurrence of a discharge to waters of the state. However, the sample results
and visible evidence support the occurrence of ponding and runoff. There were several hundred
gallons of animal waste ponded in areas of the farm.
Sample Results (If applicable) with locations of samples taken noted in relation to the
dischargepoint:
The results are as follows:
1-Field Lab ID# 3954 90,909 Fecal Coliform, colonies/100 mL
D2 Up Lab ID# 3955 260 Fecal Coliform, colonies/100 mL
3 Down Lab ID# 3956 31,000 Fecal Coliform, colonies/100 mL
Pivot Pt. Lab ID# 3959 4,500 Fecal Coliform, colonies/100 mL
B-Ditch Lab ID# 3960 5300 Fecal Coliform, colonies/100 mL
B-Ponding Lab ID# 3961 17,117 Fecal Coliform, colonies/100 mL
Ponding 2 RO Lab ID# 3968 721 Fecal Coliform, colonies/100 mL
Runoff Ditch 2 Lab ID# 3970 33,000 Fecal Coliform, colonies/100 mL
For Sample locations refer to Map D.

Violator's de ree of cooperation(including efforts to prevent or restore recalcitrance:
Mr. Brad Hales was cooperative in allowing the state inspectors to perform the compliance
inspection. Animal waste was applied in a manner such that waste ponding or waste runoff occurred.
Minimal effort was made to stop the runoff of waste into state surface waters. At the time of the
investigation, no effort had been made to clean up the ponded waste. The state was not notified of
one of the instances of ponding and runoff as required by the permit.
Fish kill observed? YIN If yes, include report from WRC:_
No fish kill was observed at the time of the inspection.
Mitigating Circumstances:
No mitigating circumstances.
Recommendation:
The Wilmington Regional Office is recommending assessment of civil penalties to the Director of
the Division of Water Quality pursuant to G.S. 143-215.6A.
Assessment Factors required to be considered by G.S. 14313-282.Ifb):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
Animal waste was applied such that ponding and runoff occurred. This causes and creates
the potential for the discharge of animal waste into the waters of the State. The animal waste
caused elevated levels of fecal coliform and nutrients in the areas of ponding and runoff.
These pollutants can be detrimental to the use and ecology of the receiving waters, both
surface waters and ground water.
2. The duration and gravity of the violation:
I estimate that the duration of the ponding events occurred over a several days. These are
very serious violations. There were 3 areas of animal waste ponding or runoff. No clean up
efforts had been made at the time of the inspection. The State was not notified of a known
violation of ponding and runoff as required by the permit.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect on surface water quality is documented under the sample results that are shown
above. The effects on ground water are not documented or known. The effect on air quality
is unknown.

4.
5.
6.
7.
The cost of rectifying the damage:
The damage that was done by the animal waste that reached waters of the State cannot be
rectified and the cost is unknown.
The amount of money saved by noncompliance:
The amount of money saved by noncompliance may also be that amount of money that it
would cost to ensure that staff are properly trained and to ensure that there is a sufficient
amount of staff to perform sufficient monitoring of the application activities to ensure that
ponding and runoff do not occur. This amount of money could also be several thousand
dollars.
Whether the violation was committed willfully or intentionally:
It is not known whether the violation was committed willfully or intentionally. However,
at least one insiance of ponding and runoff was known by the operator, but no report was
made to the Regional Office as required.
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
No prior record found.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $505.57, as follows:
Staff, Stenberg 10 hours @ $19.55/hour $195.50
Pictures 18 @ $0.25 each $ 4.50
Samples 8 Fecal @ $20.00/sample $160.00
Mileage 147 miles @ $0.31/mile $ 45.57
Administrative Costs $100.00
Total $505.57

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
JLH FARMS, LLC
FOR VIOLATION OF NORTH CAROLINA
GENERAL STATUTE 143-215.1 FOR
MAKING AN OUTLET INTO WATERS
OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. PC
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor
of the Non -Discharge Unit of the Water Quality Section of the Division of Water Quality (DWQ), make the
following:
I. FINDINGS OF FACT:
A. JLH Farms, LLC, owns and operates Swamp Fox Farm, a swine animal operation located
on the southeast side of State Road 1129 approximately 0.2 mile southwest of State Road
1102 in Dupiin County.
B. JLH Farms, LLC, was issued Certificate of Coverage AWS310765 under Swine Waste
General Permit AWG 100000 issued pursuant to North Carolina General Statute 143-215.1
on March 17, 2000, effective on March 17, 2000, with a termination date of April 9, 2003,
for the operation of an animal waste collection, treatment, storage and application system.
C. Condition No. 11.4 of the General Permit states that "Land application rates shall be in
accordance with the CAWMP. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result in runoff during any given
application:"
D. Condition No. III. 6. f. of the General Permit states in part "The Permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more than
24 hours following first knowledge of the occurrence of ...overapplying animal waste either
in excess of the limits set out in the CAWMP or where runoff enters surface waters."
E. On March 25, 2003, Mr. Rick Dove of the Waterkeeper Alliance flew over and
photographed ponded waste on the Swamp Fox Farm.

F. On March 27, 2003, Mr. Stonewall Mathis and Mr. Gale Stenberg of the Wilmington
Regional Office, Division of Water Quality, performed an inspection of the Swamp Fox
Farm. A nimal waste ponding resultant from an apparent I eaking air relief valve was
observed. AIso, it was observed that animal waste ponding and animal waste runoff had
occurred on two other separate application fields.
G. The operator Mr. Brad Hales had knowledge of at least one of the ponding and runoff
events, but notification to the Regional Office by telephone as required by the permit had
not been made. During the March 27, 2003 inspection, Mr. Hales said that he had created
a dam to prevent the runoff of animal waste from the field. Mr. Hales showed the inspectors
the dam that he had created. The inspectors observed that animal waste runoff had flowed
past the dam that Mr. Hales had created.
H. JLH Farms, LLC, had no valid permit for the above described activities.
I. The cost to the State of the enforcement procedures in this matter totaled $505.57
Based upon the above Findings of Fact. I make the following:
II. CONCLUSIONS OF LAW:
A. JLH Farms, LLC, 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. JLH Farms, LLC, violated Condition No.11. 4. of the General Permit by applying waste at
rates that resulted in ponding and runoff.
D. JLH Farms, LLC, violated Condition IH. 6. f. of the General Permit by failing to report by
telephone to the appropriate Regional Office as soon as possible, but in no case more than
24 hours following first knowledge of the occurrence of overapplying animal waste in
excess of the limits set out in the Certified Animal Waste Management Plan.
E. JLH Farms, LLC, may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand
dollars ($25,000.00) per violation per day maybe assessed against a person who is required
but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or
fails to act in accordance with the terms, conditions, or requirements of such permit.
F_ The State's enforcement costs in this matter may be assessed against JLH Farms LLC,
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. Pursuant to N.C. Gen. Stat. 143-215.6A, the Acting Supervisor of the Non -Discharge Unit
of the Water Quality Section, Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, has the authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, JLH Farms, LLC, is hereby assessed a civil penalty of:
$ for one of three violations of Condition No. II. 4. of the General
Permit by applying animal waste such that ponding and runoff
occurred.
$ for of one violation of Condition No. III.6. f. of the General
Permitby failing to report bytelephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of the overapplying of
animal waste in excess of the limits set out in the CAWMP.
R
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 505.57 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors
listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) J. Kent Wiggins, Acting Supervisor
Non -Discharge Unit
Water Quality Section
Division of Water Quality

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CONTENTS
REFERENCE
PAGE NO.
I5�
3
V
^:
If;
be
s j"��r.F +• �•1_y� 4J��L I �
F n -7N
A
nol�1

Type of Visit .O'Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O routine Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Date or Visit; 3 2? 4 Time: t 0
Facilit+• `umber 31 �
IQ Not OiDerational 0 Below Threshold
0 Permitted Q Certified © Conditionally Certified ❑ Registered Date Last Opera or Above Threshold:
Farm Name: sc � � ✓h � �o � �n i '" � - - — - — Count _ L!
Owner dame: T f"l .. �" �`"� L L r Phone No: _
Mailing Address:
Facility Contact:
Onsite Representative: 13 .r ei A fi d
Certified Operator:
Location of Farm:
Title:
Phone No:
Integrator
Operator Certification Number:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' �' �" Longitude 0 .•
Destgn Current ­111. �Destgn a Current f Design , Carretit�
3�
Sine "' ; Ca act :� Po "Mahon Poultry- Ca aci ¢Po' ulatioij �Cattle, .. Cai9aci 'Po station
`M
❑ La er E
Dai="
❑ Non -La er Non-0airy -
ti ❑Other
f
Design Capacaty
a y•
�TotaT SSLW
Numbr of Lagoonsf ❑ Subsurface Drains Present' ❑ Lagoon Area
z ❑ S Fe
~�-'' ray Field Area
Holdtng Panels /ySoltd T raps *AMR❑ No Liquid Waste Management System
ean to Feeder
[:]Yes
toFinish
POFeeder
arrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
El Gilts
❑ Boars
Discharges S Strom m acts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b, if discharge is observed, did it reach Water of the. State? (If yes, notify DWQ)
c. if discharge is observed. what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation'?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection && jreatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillwav
Structure 1 Structure 2 Structure 3 Structure 4 Structure ;
Identifier: 1 Z 3
Freeboard (inches):
• ❑ No
❑ Yes ❑ No
❑ Yes " ❑ No
❑ Yes ❑ No
Yes ❑ No
Yes ❑ No
Yes ❑ No
Structure 6
05103101
Continued

Facility Number- 3 —� .� pate of Inspection
Odor Issues
_6. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge ado- below
liquid Ievel of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 2-1 hours'
28. Is there any evidence of wind drift during land application? (i.e. residue on ncighborin; vegetation. asphalt.
roads. building structure. andlor public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were am major maintenance problems with the ventilation fan(s) noted'? (i.e_ broken fan belts. missinL, or
or broken fan blade(s). inoperable shutters. etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
fT �' ricl 1 -41 -1 v r/f n' /�'T r'C !6Q
J
t*^ (cJrafvr!Lr?r
A,k S R, C c. v
❑ Yes ❑ No
❑ i'cs ❑ No
0 Yes 0 do
0Yes ❑`o
❑ Yt:s 0 No
❑ Yes ❑ No
0 Yes 0 No
0510101

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PHOTO 7 This photo was taken down from the turkey houses in a large ponded area close to the field
edge in. "- - :1 r: \ ct g- <--v-- el
&A
21
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PHOTO S This is a photo of the ponded waste area shown above, looking towards the field edge and
woods.

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PHOTO 14 This photo shows waste in the drainage wav looking toward the farm path. Waste in this photo
is flowing towards the photographer past the small dam shown in the middle of the photo. According to Mr.
Brad Hales, this was the dam that he dug trying to stop this waste flowing down the ditch. } o c
,I,- C r., 2 f3-1 rvri C i„ ell YvIe3 f

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� � _ �Fie��•�- 1-,fin'^,} �y�l � "� �F:f�' }��. z -4
�`� +yam " _ �\�' „�"!_ � •a+r._.; - y�� �.. �� �r'� _ •.f 1"�. Yj�� � ;s
_ t�y�i '� f � •`� - w � �� �i; �]r� '41y r��r"- - l � ar'^r=.+� 4� r ti.- .
fir. � -�. ��s.��.U.s .•c�� w,. -�' �. �" k. s ��Y i'� - �'�;1'�� "� Y `3 ;.:ir - .
v`""� i:`; "It "'` F •' �j
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PHOTO 1S Sample point, "Runoff Ditch 2". This photo shows paddled waste at the edge of the field
drainage area. This sample was taken directly from this puddle of wa&W- W,-, sf.'- 11" 4(' & 4C. k

4im 4io
ANALYTICAL & CONSULTING
CHEMISTS
Customer:
NCDENR DWQ
127 N. Cardinal Drive Ext
Wilmington, NC 28405
Attn: Stonewall Mathis
Date Sampled: 03/27/03
Sampled By: Stonewall Mathis
WATFu-
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, North Carolina 2W5
[phone] (Lab) • [phone] (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Date of Report:
Purchase Order #:
April 10, 2003
Report Number: 3-1724
REPORT OF ANALYSIS
Report To: Stonewall Mathis
Project:
Page 1 of 2
PARAMETER
Sample ID
1-FieId
D2 Up
3 Down
4
B-Ditch
Pivot
B-
Ponded
Up
PC
Ditch
# 3954
# 3955
03956
# 3957
# 3958
# 3959#3960
Lab ID
Y
Nitrate + Nitrite Nitrogen, NO3+NO2-N mg/L
0.09
0.05
< 6.025
0.14
t
Ammonia NH -N mg/L
347
0.4
106
1-1
Phosphorus, P mg/L
24.6
0.66
6.94
4.88
4
�'
�.
Total
�=���¢
f
Total Kjeldahl Nitrogen, TKN mg/L
434
150
146
18.2
'Nal
----
Fecal Coliform, colonies/100 mL
90,909
260
31,000
108
49,000
.4500
-5300

V the
ANALYTICAL & CONSULTING
CHEMISTS
Customer: NCDEEINR — DWQ
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, North Carolina 2W5
(9I0) 392-0223 (Lab) • [phone] (Fax)
[e-mail]
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Report 3-1724
Page 2 of 2
Sample ID
Lab ID
Fecal Coliform, colonies/100 mL
FB-Ponding
# 3961
17,117
1 A
# 3962
400
A
# 3963
818
2A
# 3964
72
CDS
# 3965
63
Junction Up
# 3966
72
Junction Down
# 3967
54
Ponding 2 RO
# 3968
721
Runoff Ditch 1
## 3969
270
Runoff Ditch 2
# 3970
33,000
Runoff Ditch 3
# 3971
81
Comments:
Reviewed by:

ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way
Sample Collection and Chain of Custody Wilmington, NC 28405
NCDENR: DWQ CertiQcate 094, US Certiti.eate #37729 Phone: [phone]
Analytical & Consulting Chemists Fax: [phone]
Client; L -Z) --AJ —.DWQ) ! Email; Eccom
Collected By:.Saa,-1 Q., ,•q l r .. Report No: - -
SamUle Tylae I = Influent. E = Effluent..W Well. T S eaZ SO =Soil. SL= Sludee then: Pv 1 :�
Sample Identification
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Transfer
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Relinquished By:
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Date/Time
2.
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Received By: Esc- Date: ; 0-3 Tune,
w., 6 3 "2?- t' 3

ENVIRONMENTAL CHEMISTS, INC
Sample Caliectian and Chain ofCustod
NCDENR: DWQ Certificate 094, DLS Certlfleafe#37729' .
Analytical & Consulting Chemiate
Client: � _ _--
Colle tedB 54anEwil% 1�e :1 gerle.
Sample-TYue: 1 = Influent. E = Effluent. W =Well. S = tree SO =Soil. SL- Sludge then: TtzX
6602 Windmill way
Wilmington, NC 28405
Phone: [phone]
Fax:. [phone]
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Transfer
Relin u' hed 'B :
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Received By:_ Date: D 3Z2-U Time: 7 5

i-oche.m
Analytical & Consulting Chemists
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ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
NCDENR: DVVQ Certificate #94, US Certificate 037729
Sample Type- I = Influent. I; =Effluent. W =Well. T =Strew SO =Soil. SL= Sludge titer: 'P,144 r
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Em�i#:Tacixe_m l
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Res�n�•t No.- � ' I C
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NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide,. Phenol, and Bacteria must be dechlorinated
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Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
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Temperature wh9p Received: 2 Accepted: ✓ Rejected: Resample Requested:
Delivered Received By:_ ,9-�.tSE - _ - Date: d3-1�3 Time: '7��
Comments: 5_Pv,, me Q'X G rb—,

DATE
04-Jan-02
' :-Jan-02
18-Jan-02
25-Jan-02
01-Feb-02
08-Feb-02
15-Feb-02
22-Feb-02
01-Mar-02
08-Mar-02
15-Mar-02
22-Mar-02
29-Mar-02
06-Apr-02
12-Apr-02
19-Apr-02
26-Apr-02
03-May-02
10-May-02
17-May-02
24-May-02
31-May-02
07-Jun-02
14-Jun-02
21-Jun-02
2&Jun-02
05-J ul-02
12-Jul-02
19-Jul-02
26-Jul-02
02 Aug-02
09-Aug-02
16-Aug-02
23-Aug-02
30-Aug-02
06-Sep-02
13-Sep-02
20Sep-02
27-Sep-02
04-Oct-02
11-Oct-02
18-Oct-02
25-Oct-02
01-Nov-02
08-Nov-02
15-Nov-02
22-Nov-02
29-Nov-02
06-Dec-02
13-Dec-02
20-Dec-02
27-Dec-02
SDI LAGOON LEVEL REPORT
FARM 1 FARM 2 FARM 3
LEVEE_ SDI * I FVFI sDi # LNEI_ SDI 41
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DATE
03-Jan-03
10-Jan-03
17-Jan-03
24-Jan-03
31-Jan-03
07-Feb-03
14-Feb-03
21-Feb-03
28-Feb-03
07-Mar-03
14-Mar-03
21-Mar-03
28-Mar-03
04-Apr-03
11-Apr 03
18-Apr-03
25-Apr-03
02-May-03
09-May-03
16-Mair-03
23-May-03
30-May-03
06-Jun-03
13-Jun-03
20-Jun-03
27-Jun-03
04-Jul-03
11-Jul-03
18-Jul-03
25-Jul-03
01-Aug-03
08-Aug-03
15-Aug-03
22 Aug-03
29-Aug-03
05-Sep-03
12-Sep-03
19-Sep-01'
26-Sep-0--
03-Oct-01'
10-Oct-02
17-Oct-02
24-Oct-0ll
31-Oct-02
07-Nov-02
14-Nov-02
21-Nov-02
28-Nov-02
05-Dec-0'
12-Dec-02
19-Dec-0`
26-Dec-02
SDi LAGOON LEVEL REPORT
FARM 1 FARM 2 FARM 3
1 Fl/FI cnl 2 1 FVFI sni # I FVFL SDI #
roll; E
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. .2002_RAIN FALL
.;AN PER - MAR - APR - MAY JUNE ... JULY AUG SEPT GCT- - -NOV DEC
1
3
4
6
7
0
11
12
13
14
15
16
17
18
19
20
2,1
22
23
24
25
26
27
28
29
30
31
W
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F
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p
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`�. i3� �,SD a°- z" 3,Sd a7_sg a q.y� ),,OE 2
35.�1 �l
TOTAL
TOTAL
TO DATE
;� y Sti.w- %Slcsrt
I/G R� •�^r
do-0
QP�le��on.1
TOTAL
TOTAL
TO DATE
;� y Sti.w- %Slcsrt
I/G R� •�^r
do-0
QP�le��on.1

2003 RAINFALL
JAIL FrA MAR APR MAY JHNF JULY At 1G, SFPT c7E'T mnv nr-r
r��ari■�ir�����
��_______
rrir_
pill NOW
�rsWi
MESdp-
POMP-
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
M
24
25
26
27
28
29
30
31
TOTAL
TOTAL
TO DATE

Lagoon Irrigation Field Record
Facility Number Pull PIVOT 1
Field Size (Acre) 5.05
Farm Owes JLH,LLC. Irrigation Operator Brad Hales
P. 0. SOX 546 125 E. Ridge St.
Rose Hill, NC 28458-0546 Rose Hill, NC 28458-0039
289-3626 . 289-3840
Crop; IMATUA Recomended PAN Loading 165
DATE
START END RUN
TIME
# OF
SPRINKLERS
FLOW
GPM
TOTAL
GALLONS
VOLUME
PER ACRE
PAN
PAN
APPLIED
NITROGEN
BALANCE
02/03103
11.3
16.3
- 300
1
225
67500
13366.34
2.9
38.762376
126.237624
03/27/03
9
11.5
150
1
225
33750
6683.168
2.8
18.712871
107.524752
04/02/03
14
17
180
1
225
40500
8019.802
2.8
22.455446
85.0693069
04/17/03
11.33
15.66
259.8
1
225
58455
11575.25
2.81
32.410693
52.6586139
04/18/03
10.25
11.33
64.8
1
225
14580
2887.129
2.8
8:0839604
44,5746535
0
1
120
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746635
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
0
0
0
0
44.5746535
_
0
01
0
0
44.5746535
0
01
0
0144.5746535
CROP CYCLE TOTALS 1 42531.68 1 120.42535J
OWNFRS SIGNATURE OPERATOR SIGNATURE
GERTIFILD OPERATOR Brad Hales RATORS'CERTIFICATION No. 18052

Lagoon Irrigation Field Record
Facility NUmber Pull PIVOT 3
Field Size (Acre) 5.19
Farm Ower JLH,LLC. Irrigation Operator Brad Hales
P. 0. BOX 546 125 E. Ridge St.
Rose Hill, NC 28458-0546 Rose Hill, NC 28458-0039
289-3626 289-3840
Crop: MATUA i Recomended PAN Loading 165
DATE
START END RUN
TIME
# OF
:IRINKLER
FLOW
GPM
TOTAL
GALLONS"ERACRE
VOLUME
PAN
PAN
APPLIED
1TROGE
BALANCE
12/04/02
13.33
17.33
240
1
225
54000
10404.62
2.9
30.17341
134.8266
03/26/03
12.08
•16.16
244.8
1
225
55080
10612.72
2.8
29.71561
105.111
Q
1
225
0
0
0
105.111
0
1
225
0
0
0
105.111
0
1
225
0
0
0
105.111
0
1
225
0
0
0
105.111
0
225
0
01
0
105.111
0
0
01
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
01
0
105.111
0
0
0
0
105,111
0
01
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
0
0
0
0
105.111
Q
0
01
1 0
105.111
CROP CYCLE TOTALS 121017.341 159.88902
OWNERS SIGNATURE OPERATOR SIGNATURE
CERTIFIED OPERAI BRAD HALES OPERATORS CERTIFICATION No. 18052

Lagoon irrigation Field Record
Facility Number Pull PIVOT 5
Field Size (Acre) 7.4
Farm Ower JLH,LLC. Irrigation Operator Brad Hales
P. 0. BOX 546 125 E. Ridge St.
Rose Hill, NC 28458-0546 Rose Hill, NC 28458-0039
289-3626 289-3840
Crap: MATUA Recomended PAN Loading 165
DATE
START END RUN
# OF
:'RINKLEF
FLOW
GPM
I TOTAL
ALLONS
VOLUME
ER ACRE
PAN
PAN
APPLIED
41TROGEt
BALANCE
01/31/03
11.41
15,41
240
1
225
54000
7297.297
2.9
21.16216
143,8378
02/02/03
12.5
17.5
300
1
225
675001
9121.622
2.9
26.4527
117.3651
03/26/03
10.33
12.16
109.8
1
225
24705
3338.514
2.8
9.347838
108.0373
04/01/03
9,75
12.75
180
1
225
40500
5472.973
2.8
15.32432
92.71297
04/19/031
9.33
14.33
300
1
225
67500
9121.622
2.81
25.54054
67.17243
04/21/03
14
18
240
1
225
54000
7297,297
2.8
20.43243
46.74
04/22/03
10.5
14.5
240
1
225
54000
7297.297
2.8
20,43243
26.30757
01
225
0
0
0
26.30757
0
0
0
0
26.30757
0
0
0
0
26.30757
01
0
0
0
26.30757
01
0
0
0
26,30757
01
0
0
0
26.30757
0
0
0
0
25,30757
0
0
0
0
26,30757
0
0
0
0
26.30757
0
0
0
0
26.30757
0
0
0
D
26.30757
0
0
0
0
26.30757
0
0
0
0
26.30757
0
0
0
0
26.30757
01
0
0
0
26.30757
CROP CYCLE TOTALS 148946,621 1138.6924
OWNERS SIGNATURE OPERATOR SIGNATURE
CERTIFIED OPERAI BRAD HALES OPERATORS CERTIFICATION No. 18052

Facilify Number
Field Size (Acre) 6.17
Farm Ower JLH,LLC.
P. 0. BOX 546
Rose Hill, NC
289-3626
Crop: IMATUA
Lagoon irrigation Field Record
Pull PIVOT 6
Irrigation Operator Brad Hales
125 E. Ridge St.
28458-0546 Rose Hill, NC 28458-0039
289-3840
Recomended PAN Loading 165
• +START
, RUN
"raltlilil�L�a
'
' • •
' ' :®
` - -I
L:I:LtiLL'
�■������r���■�����■moo
... ,
CROP CYCLE TOTALS 112209.081 135.06062
OWNERS SIGNATURE OPERATOR SIGNATURE
CERTIFIED OPERAI BRAD HALES OPERATORS CERTIFICATION No. 18052

o�
_0
0
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL # 7000 0600 0023 4230 0551
RETURN RECEIPT REQUESTED
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
JLH Farms, LLC, (Mr. Richard Burrows) June 4, 2003
Swamp Fox Farms
P.O. Box 546 .
Rose Hill, NC 28458
Dear JLH Farms, LLC:
Subject: Notice of Violation and
Recommendation for Enforcement
Swamp Fox Farms
Facility Number: 31-765
Rose Hill, NC
Duplin County
This Notice of Violation is issued on this date to JLH Farms, LLC, owner/operator of the Swamp Fox
Farm covered under Certificate of Coverage AWS 310765. This Certificate of Coverage was issued by the
State of North Carolina under Swine Waste General Permit AWG100000.
In response to a complaint, on March 27, 2003, an inspection was performed by staff from the
Wilmington Regional Office of the Division of Water Quality. During this inspection, violations were
observed and documented.
The Violations found are listed as follows:
A significant amount of ponded waste was documented in the application areas, ditch's and lowland
areas on the farm. As stated by Mr. Brad Hales, Operator In Charge, he was aware of the ponded
waste in the application areas and he was also aware of the ponded waste that was caused by
waste discharge from an air relief valve that occurred while transferring waste from one lagoon to
another.
The ponding of wastewater is a violation of Condition II.4 of the General Permit that states, " Land
application rates shall be in accordance with the CAWMP. In no case shall land application rates
exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given
application."
2. Pohded waste in the application areas then drained into a ditch which borders the field. As stated
by Mr. Brad Hales, he was aware that the waste from the air relief valve discharge had emptied into
this ditch also. This runoff waste in the -ditch then drains into an unnamed tributary which empties
into Doctors Creek. The waste which discharged into waters of the State from these areas was
estimated to be at least 500 gallons in volume.
NMM
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington. N.C. 28405 [phone] Fax [phone] Customer Servioe
800-523-7748

JLH Farms, LLC
.tune 4, 2003
Page 2 of 3
This is a violation of North Carolina General Statute 143-215.1 that states that no person shall make
an outlet into the waters of the State without having obtained and abided by the appropriate permit.
This is also in violation of Part I. Performance Standards, Section 1 of the General Permit that
states, "The animal waste collection, treatment, storage and application system permitted underthis
permit shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants into surface waters, wetlands, or ditches."
This is also in violation of Part II. Operation and Maintenance Requirements that states, "Land
application rates shall be in accordance with the CAWMP. In no case shall land application rates
exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given
application."
3. The Division was also not notified regarding the known ponding or discharge events.
This is in violation of Part III. Monitoring & Reporting Requirements Section 6f of the General Permit,
which requires the Regional Office to be notified as soon as possible, not to exceed 24 hours.
Response requirements are listed as follows:
A written response must be submitted to the Wilmington Regional Office, Division of Water Quality
that includes:
a. An explanation of the violations.
b. A description of the actions taken to bring the violations back into compliance and to prevent
their recurrence.
2. The written response must be received by this office within 15 working days of the receipt of this
notice.
You may wish to contact your Service Company, County Soil & Water district office, county
extension office, a qualified technical specialist, and/or a professional engineer for any assistance
they may be able to provide.

JLH Farms, LLC
.tune 4, 2003
Page 3 of 3
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality for the above noted violations. These violations may
result in civil penalties of up to $25,000 per violation in accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
Investigation In accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may pursue additional actions
In this matter including injunctive relief and permit revocation.
If you have any questions concerning this matter please do not hesitate to contact either Mr. Gale
Stenberg of our Wilmington Regional Office at [phone] or Mr. Steve Lewis of our Central
Office at [phone] ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files ,
DWQ Wilmington Animal Files 31-765
S:IWQSIANIMALSIDUPLIN12003131-765 Swamp Fox Farms NOVRFE

BURROW$ 8 HALL
ATTORNEY5 AT LAW
317 NORTH NORWOOD 5TREET
P.O. BOX 816
RICHARD L. BURROWS WALLACE. NC 28466
TELEPHONE (910) 255,3600
FREDRIC C_ HALL FACSIMILE (910) 285.776G
June 10, 2003
CERTIFIED 11/L4IL., RETURN
RECEIPT REQUESTED, ARTICLE
NO. 7002 2410 0006 5664 6021
Mr. Rick Shiver
Water Quality Regional Supervisor
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Notice of Violation to
JLH Farms, LLC/Swamp Fox Farms
Facility No: 31-765
Dear Mr. Shiver:
This is to acknowledge receipt of the Notice of Violation and Recommendation for
Enforcement dated June 4, 2003, and the required response.
While it is admitted that some ponded waste was found in the area of the farm that we had
started clearing Iast fall, it is specifically denied that the OIC, Brad Hales, had any prior knowledge
of the ponding before the inspection occurred on March 27, 2003. Mr. Hales told your inspectors
that he knew that rainwater had ponded in the new cleared land, but did not tell them he knew that
the spill had occurred and went into that area. He did tell your inspection team, upon being advised
that waste had collected in the pooled rainwater, that he had not sprayed in that area, and upon
further investigation determined that the spill occurred as a result of the malfunction of an air relief
valve while he was transferring waste from one lagoon to another.
While some ponding of waste did occur,. the vast majority of the ponding was of pooled
rainwater, and some of the waste ran into some of those ponded rainwater areas. As you noted in -
your report, the waste leaked from the end air vent in close proximity to a ditch, a portion of which
had not been closed. Downgrade of that point, the ditches had been filled in and were not connected
to any outfall ditches. Your inspectors should have noted that the ditches were filled in in the area
of the ponding, i.e., the new cleared area. Since that ditch had been closed, it did not connect to any
unnamed tributary of waters of the state as you appear to have been advised, and consequently no
outlet to any waters of the state was made.
In that the ponding was substantially rainwater, not animal waste products, the conclusion

Mr. Rick Shiver
Page Two
June 10, 200;
"= ion rates occurred is not based upon a sound factual basis you reached that excessive land applicat
H. _^
and is incorrect.
Tel"
>� In that the ponding referred to in your letter was first discovered by Mr. Hales at the same
time as your inspection staff discovered it, there was no violation of the 24 hour reporting
requirement.
In answer to response requirement 1(a), it is not admitted that a violation occurred, because
the ponding in issue occurred as a result of an unusual malfunction of the end air relief valve, an
event that had never occurred before. However, in order to prevent a repeat of that occurrence, we
solicited advice from the installing company, who, in turn, solicited advice from the manufacturer
and designer of the center pivot system as to how to revise the system to avoid a repeat. The advice,
which we are in the process of implementing, is to increase the height of the air relief valve, and to
more closely monitor the air relief valves when transferring water from one lagoon to another. When
pressuring the lines for spraying, a much higher psi is required, which more readily seals the air vent.
When transferring water from one Iagoon to another, the pressure is much lower, which, we are
advised:, increases the possibility that an air vent may not fully seal. Since the vent in question was
at the end of the line, its pressure is lower than the intermediate vents. By raising the height of the
end vent, we are advised that that action should result in a more positive sealing of that vent.
However, as noted above, by being aware of the potential, we will, in conducting a water movement,
closely monitor all of the air vents.
If you have any further questions, please advise.
Very tpAy ygup,
Richard L. Burrows
RLB-.raj
cc: Kraig Westerbeek, Murphy -Brown, LLC
Billy Houston, Duplin County Soil and Water Conservation
Ken Best, Duplin County Health Dept.
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
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I ion

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

U.
6. Existing swine dry lots may remain in wetlands as long as the wetlands uses are not
removed or degraded as a result of the swine. The swine however may not be confined
within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must
not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist,
the area must be managed to include crop rotation.
OPERATION AND MAINTENANCE RE UIREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. Land application rates shall be "in —accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result
in runoff during any given application.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the sgil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as' the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations.
2

9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance with good engineering practices.- Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dikes and liners.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have one of the following items at all times (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition n (4).
MONITORING AND REPORTING REQUIREN'IENTS
1. An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to insure proper operation but at least
monthly and after storm events. For example, lagoons, storage ponds, and other
structures should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Any major structural repairs (to lagoons or waste storage ponds) must have
written documentation from a technical specialist certifying proper design and
installation. However, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications; no technical specialist approval is necessary
[i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
3

2. If not already installed at this facility, a waste -level gauge to monitor waste levels shall be
installed within 60 days of issuance of the COC under this general permit. This gauge
shall have readily visible permanent markings indicating the maximum liquid level at the
top of the temporary liquid storage volume, minimum liquid level at the bottom of the
temporary liquid storage volume, top of the dam elevations. Where storage ponds are
utilized, only a gauge indicating the maximum liquid level at the top of the temporary
liquid storage volume and top of dam elevations need be installed. Caution must be taken
not to damage the integrity of the liner when installing the gauge. Waste lagoon and
storage pond levels shall be recorded weekly on forms supplied or approved by the
DWQ. For level gauges already installed, the gauge shall have at a minimum: readily
visible permanent markings indicating the maximum liquid level at the top of the
temporary liquid storage volume and minimum liquid level at the bottom of the
temporary liquid storage volume.
A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permittee for a minimum of three years and shall
be made available to the DWQ upon request.
4. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This
analysis shall include.the following parameters:
Nitrogen Zinc
Phosphorous Copper
5. Records, including land application event(s) and removal of solids to an off -site
location(s) records, shall be maintained by the Permittee in chronological and legible
form for a minimum of three years. These records shall be maintained on forms provided
or approved by the DWQ and shall be readily available for inspection.
6. Regional Notif cation:
The Pem-ittee shall report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the occurrence
of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to surface waters.
b. Any failure of the animal waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or sludge.
c. A spill or discharge from a vehicle transporting animal waste or sludge to the land
application field which results in, a discharge to surface waters or an event that poses
a serious threat to surface waters.
d. Any deterioration or leak in a lagoordstorage pond that poses an immediate threat to
the environment.
4

e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition V (3) of this General Permit.
f. Overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters.
g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface
waters or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate DWQ Regional Office of
the occurrence within 5 calendar days following first knowledge of the occurrence. This
report shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the DWQ Regional Office.
IV. INSPECTIONS
Any duly authorized officer, employee, or representative. of the DWQ may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecurity
measures, enter and inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this permit; may inspect and obtain a copy of any records
that must be kept under the terms and conditions of this permit; and may obtain "samples
of the animal waste, groundwater, soil, plant tissue, or surface water.
V. GENERAL CONDITIONS
1. The issuance of a COC under this permit shall not relieve the Permittee of the
responsibility for damages to surface waters or ground waters resulting from the animal
operation.
2. The Permittee shall designate a certified animal waste management system operator to be
in charge (OIC) of the animal waste management system. The animal waste management
system shall be operated by the OIC or a person under the OIC's supervision.
3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-year, 24-hour storm
event plus an additional 1 foot of structural freeboard. In addition to the above
requirements, for new and expanding farms with lagoon designs completed after
September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons
without an outside drainage area.
In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour
storm event and/or the heavy rainfall factor storage requirements for the system may be
designed into the lowest lagoon/storage pond in the system. However, adequate
freeboard must be designed into each of the upper lagoons/storage ponds to allow
sufficient storage to prevent the waste level from raising into the structural freeboard
,while the storm water is draining into the lowest lagoon in the system.
5

4. Should the DWQ have good reason to believe that any activities conducted pursuant to
this permit may cause or contribute any waste, directly or indirectly, to be intermixed
with the waters of the State, the DWQ may require any monitoring (including but not
limited to groundwater, surface water, animal waste, sludge, soil and plant tissue)
necessary to determine the source, quantity, quality, and effect of such waste upon the
waters of the State. Such monitoring, including its scope, frequency, duration and any
sampling, testing, and reporting systems, shall meet all applicable Environmental
Management Commission requirements. "Good Reason" may be based on the findings of
a related Federal, State, Commission or DENR authorized study or report, or other
evidence showing that violations of State water quality standards or other applicable
environmental standards have occurred or may occur.
5. Failure to abide by the conditions and limitations contained in this permit, the facility's
CAWMP and/or .any COC issued under this permit may subject the Perrnittee -to an
enforcement action by the DWQ in accordance with North Carolina General Statutes and
may include the requirement to obtain an individual non -discharge permit and/or the
modification of the animal waste management system
b. The issuance of a COC under this permit does not excuse the Permittee from the
obligation to comply with all applicable statutes. rules. regulations, or ordinances (local,
state, and federal).
7. If animal production ceases, the Pernuttee shall close the lagoons/storage ponds in
accordance with Natural Resource Conservation Service (MRCS) lagoon/storage pond
closure standards or develop and irriplement an animal waste management plan in
accordance with NRCS standards. Closure shall also include notifying the DWQ and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ-
Water Quality Section- Non -Discharge Branch within 15 days of completion of closure.
S. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for
revocation of the COC granting coverage under this General Permit.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are required in the CAWMP, shall constitute grounds for revocation of
the COC granting coverage under this General Permit.
10. This permit allows for the distribution of manure up to 4 cubic yards per visit to
individuals for personal use.
2

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

PRODUCER: Swamp Fox Farm 1-3
LOCATION: 317 N. Norwood St.
Wallace, NC 28466 ?i ,A
TELEPHONE: [phone] t
r ice: s'.: i :Nti
TYPE OPERATION: Feeder- Finish
NUMBER OF ANIMALS: 11016
(Design Capacity)
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 the waste is
to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be
analyzed before each application cycle. Annual soil tests are strongly encouraged so that all
plant nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons 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 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.
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 sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H.0217 adopted by the Environmental Management Commission.
Page 1

.� �S j ^.wf uY"2 xr�r" ' zK'�rc�.,, '..�. ...�.y.�- rex e...^ r^> - ,�=...7. y"." r—+""'-�'-'^"'� t � i 3 } � �; 'w� •,..—....�,n. � ,� _—.,s-.r..-.
11,016 animals X 1„9 (tons) waste/animal/year = 20,930 (tons) wastelyear.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
11,016 animals X p lbs. PANlanimallyear = 25,337 lbs. PAN/year. (PAN from N.C.
Guide Std. 633) Tech
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 and
surface application:
Table 1: ACRES OWNED BY PRODUCER
Tract Field* Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
T72141
1
Ly*
Bermuda(H)
275
41.21
11332.75
April - Sept.
T72141
1
Ly
Matua(H)
165
41.21
6799.65
Oct. - March
T72141
2
Ly
Bermuda(H)
275
6.97
1916.75
March - Sept.
T72141
2
Ly
Small Grain
50
6.97
348.5
Sept. - April
T72141
3
Ly
Bermuda(H)
275
6.81
1872.75
March - Sept.
T72141
3
Ly
Small Grain
50
6.81
340.5
Sept. - April
T72141
4
Ly
Bermuda(H)
275
9.55
2626.25
March - Sept.
T72141
4
Ly
Small Grain
50
9.55
477.5
Sept. - April
T72141
5
Ly
Gamma(H)
275
0.94
258.5
March -Sept.
T72141
5
Ly
ISmall Grain
50
0.94
47
Sept. -April
*based on determination
0
by Mitchell&Assoc.
0
Total 1 65.481 26,020.15 ,
*This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N must be based on realistic yield expectation.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients.
This plan only addresses Nitrogen.
Page 2

x �
q`g y,, '.rr. i..,-..''t- -., a�•-- •a '� s i-
gWi4STE=UTILIZATION_PLAN� �.
�.
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowner must be attached)
(Required only if operator does not own adequate land (see
Required Specification 21)
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
" See footnote for Table 1.
Totals from above Tables
Acres Lbs. N
Utilized
Table 1
65.48
26,020
Table 2
0.00
-
Total
65.48
26,020
Amount of N Produced
25,337
Surplus or Deficit
683
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
Page 3

See attached map showing the fields to be used for the utilization of waste water.
Field Soil Type
No.
Application of Waste by Irrigation
Crop Application Application
Rate (In/Hr) Amount (In.)
1
Ly
Bermuda/Matua/Gamma
0.5
.5-.75
2
3
A
5
THIS TABLE IS CdOT NEEDED IF WASTE IS NOT BEING APPLIED BY iRRiGATION, HOWEVER A SIMILAR TABLE
WILL BE NEEDED FOR DRY LITTER OR SLURRY.
Your facility is designed for M days of temporary storage and the temporary storage must
be removed on the average of once every $ MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation! "see lagoon design.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil
and Water Conservation District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation:
Acres shown are 'wetted'acres. All land should be cut for hay. Follow recommendations for
bermuda/matua overseed attached to this plan.
Page 4

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

`WASTE UTI-LIZATIQN PLANI'T
REQUIRED SPECIFICATIONS
(continued)
Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for leaching. Waste nutrient loading rates on 'these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
1 4Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from.a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips).
12 Animal waste shall not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that courses 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.
Page 6

REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
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 pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zino and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7

A `1NASTE ULiZATiNPLANi
_e-y.:_—,. .. �s,.- _._w�'r3.,._ .,. .�.+,. •r:�--.�r_.,.�.>x�., _,-.t�...�.cxx.: ��...-.:,�A,+� -.agar .rw.Ja-F �.�, � ��.a✓.�..-�,:< --- -. .yc,:-....�.
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: Swamp Fox 1-3
Owner / Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm
office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner: FAA Y,_ 1
(Please print)
Signature: 4LLI..ar4' _ jl.1 -a- � _Date: Z43f� --
Name of Manager (if different from owner): Q, � In QL22 f! .
Signature: Date: 2-7
Name of Technical Specialist: (Please print) Kraig A. Westerbeek
Affiliation: Murphy Family Farms
Address (Agency): P.O. Box 759,
Rose Hilt,,NC 2a4r
i
Date: ,�✓/'� � ���.��`. ti � __ � e_.M �� _.__
JAN 10 M
I
Page 8

Sheetl
IRRIGATION SYSTEM DESIGN PARAMETERS
Landowner/Operator Name: Swamp Fox Farm 1-3
Address: 317 N. Norwood St.
Wallace, NC 28466
Telephone: [phone]
Table 1 - Field Specifications
Approximate
Maximum
Useable Size
Field of Field
Number (acres)
Soif Type Slope % Crop(s)
County: ❑uplin
Date: 2/20/01
Maximum
Maximum
Application
Application
per Irrigation
Rate
Cycle
(In/hr)
(inches) Comments
ulls :

Sheet2
TABLE 2 - Travelling Irrigation Gun Settings
Make, Model and Type of Equipment:
Field No.
Travel
Application
TRAVELLANE
Wetted
Nozzle
Operating
Operating
and
Speed
Rate
Effective Effective
Diameter
Diameter
Pressure
Pressure Arc
H drant No.
(fVmin)
(in/hr.)
Width ft. ten th(ft)
(feet)
(Inches)
at Gun(psi)
at reel(psi) Pattern Comments - Acres per pull
F1,H1
'follow manufacturers guidance
5.05
F1,H2
'follow manufacturers guidance
4.74
F1,H3
'follow manufacturers guidance
5.19
F1,H4
'follow manufacturers guidance
8.78
F1,H5
"follow manufacturers guidance
7.40
F1,H6
'follow manufacturers guidance
6,17
F1,H16
1.85
0.37
270
480
300
1.08
60
95
330
2.98
F2,H7
3.89
0.64
250
845
180
5.35
F2,H8
1.95
0.37
200
270
330
1.62
F3,119
3.89
0.64
250
460
180
2.95
F3,H10
1.95
0.37
250
460
330
3.86
F4.H11
2.34
0.5
160
370
220
1.86
F4,H12
2.34
0.5
160
240
220
1.38
F4, H 13
2.34
0.5
160
720
220
3.09
F4,H14
2.34
0.5
150
820
220
3.22
F5,H15
3.89
0.64
135
80
180
0.94
TOTAL_ =
64.58

Wettable Acres Determination Certification
Name of Facility:
Foxrm,
li 1�,:��- r,:Facility
Number:
Owner(s) Name:_
_
�1�-.�
1—LC- - _ _ _
Phone No: '7/0
Mailing Address:
Po_�l o
�` f
se R�'� A �—
3� L 5Y -
3
By signing this form, the facility owner and Technical Specialist acknowledge the completion of the
Wettable Acres Determination. All necessary Wettable Acre Determination Field Data Sheets and
calculations were completed to conduct a Wettable Acre Determination. The facility's Waste
Utilization Plan has been amended as necessary to reflect actual wetted acreage. A copy of all
worksheets, calculations, and other Wettable Acres Determination documents, along with the
applicable Waste Utilization Plan and Wettable Acre Determination Certification will be filed with
the local Soil and Water Conservation District. A copy will also be kept on site with the Certified
Animal Waste Management Plan. Any future modifications must be approved by a technical
specialist and filed with the Soil and Water Conservation District prior to implementation. If any
modifications to the existing irrigation system or any new irrigation equipment was required to
adequately address the waste management needs of this facility, an Irrigation Specialist or
Professional Engineer has certified the design and installation below.
Owner Name
Owner Signal
Technical Specialist Name:
Technical Specialist Signature:
N
.OL-�_gia i
If assisted by an Irrigation Specialist or Professional Engineer please read and sign below:
Animal waste application equipment has been designee or modified to apply waste as necessary to
accommodate the waste management plan and according to NRCS Standards. Animal waste
application equipment has been installed according to NRCS Standards and is ready for use.
Irrigation Specialist/PE Name: I
Irrigation Specialist/PE Signature
SulPmit this form to:
Attn: Sonya Avant
Non -Discharge Compliance Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
WADC - 7/99

Sheet?
CALCULATIONS
ler Specifications
Sprinkler Type: Nelson 150
Nozzle Size:
1.08 inches
Sprinkler Pressure.
60 psi
Flowrate(GPM):
182 gpm
Wetted Diameter:
300 feet
Lane 5pacinas
Desired Spacing (%): 70 %
Design Spacing(feet): 210 `PVC irrigation pipe normally comes in 20' pieces,
so round to the nearest multiple of 20.
Actual Spacing (feet): 200 feet
Actual Spacing {°/o): 67 %
Application Rate
Application Rate =(96.3xF[owrate)1(3.1415x(.9xradius)squared)
Design App. Rate =
0.31 inlhr
300 degree arc =
0.37 inlhr
220 degree arc =
0.50 inlhr
180 degree are =
0.61 inlhr
Traveller Speed
Travel speed = 1.605 x Flowrate / Desired application amount x Lane Spacing
Desired app. (in.) =
0.75 inches
300 degree arc =
1.95 fumin
220 degree arc =
2.34 ftlmin
180 degree arc =
Mainline Velocity
3.89 ft/min
Velocity = .408 x Flowrate I pipe diameter squared feet/sec."
"For buried pipelines, velocity should be below 5 feet per second
Pipe size:
inches
Velocity=
##DIVIO! ftlsec.
Page 1

Sheet7
Most distant hydrant:
Total distance: feet
Friction Loss is figured using HazenNVilliarn's Equation
Friction Loss= #DIV/O! feet/100 feet
Max. Mainline Loss = #DIV/01 feet or #DIVIO! psi
Sprinkler Pressure:
60 psi
Loss through traveller:
psi
Elevation head:
psi
Mainline loss:
#DIV/O! psi
Suction head and lift:
psi
5% fitting loss:
#DIV/01 psi
TOTAL(TDH) _
#DIV/O! psi or #DIV/O! feet
Horsepower = Flowrate x TDH(feet) / 3960 / Pump effeciency
Pump Description:
Pump Efficiency: %
Horsepower Required: #DIVIOI Hp
Thrust Block Area = Thrust / Soil Bearing Strength
Thrust:
feet
Soil Bearing Strength:
feet
End Cap:
#DIV/O!
ft2
90 degree elbow:
#DIV/0!
ft2
Tee:
#DIV/O!
ft2
45 degree elbow:
#DlWO!
ft2
Pipe Pressure gating Cher,(s
Pressure Rating of Pipe to be Used: psi
Max. Pressure on system when running: #DIV/O! psi
70% of Pressure Rating: 0 psi
If Max. Pressure on system is less than 70% of Pressure Rating, OK
Page 2

Sheet?
NPSHA:
NPSHR: "from pump curve
If NPSHA>NPSHR OK
Page 3