310768_ENFORCEMENT_20171231

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NORTH CAHOLINA
Department of Environmental Qual
2 14

June 30, 2006
Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. VJimck, P.E. Director
Division of Water Quality
JUL 0 3 7006
BY:
This letter is to acknowledge receipt of your check No. 6900 in the amount of $378.44 on
June 28, 2006. The balance of the penalty is $378.35.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
r�—
Dennis G. Lund
Animal Feeding Operations Unit
cc: APS-Wilmington Regional Office
File # PC 04-005
APS Central Files
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newaterauality.org Location: 2728 Capital Boulevard
An Equal OpportuaitylAfrrmative Action Employer— 50% Recycled110% Post Consumer Paper
PeAhCarolina
NaNra!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

OF WA rF9
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Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.B. Director
Division of Water Quality
October 31, 2005
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm 9 31-768
Duplin County
Dear Mr. Davis:
-- � .. or if f,
l�:tu V 0 zOJ
This letter is to acknowledge receipt of your check No. 6481 in the amount of $378.36 on
July 21, 2005. The balance of the penalty is $2,081.05.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
1"Ir-Icf r<-7
Keith Larick
Animal Feeding Operations Unit
cc: Chester Cobb, Wilmington Regional Office
File 4 PC 04-005
APS Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone]
Internet: ht�t :/Wo eenr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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aural?
Customer Service
1-877-623.6748

7
t`
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
July 21, 2005
JUL Z L2MS
Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
This letter is to acknowledge receipt of your check No. 6299 in the amount of $378.36 on
July 21, 2005. The balance of the penalty is $2,459.41.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: Chester Cobb, Wilmington Regional Office
File # PC 04-005
APS Central Files
A'i"Caro ' a
u a
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intemet: hM2.//h2.o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer-- 50% Recycled/10% Post Consumer Paper

WA TERQG
Michael F. Easley, Governor
O�0(
William G. Ross Jr., Secretary
`
0) r
North Carolina Department of Environment and Natural Resources
J �
0
Alan W. Klimek, P.E. Director
Division of Water Quality.
May 13, 2005 RECEIUzuub
D
MAY 1 6
Mr. Bizzell J. Davis�'�
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
This letter is to acknowledge receipt of your check No. 6156 in the amount of $189.18 on
May 12, 2005. The balance of the penalty is $2,837.77.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
cc: 1� rning'�'f'-no Regional -Office
File # PC 04-005-
APS Central Files
Sincerely,
,�� ze"'.ZZ
Steve Lewis
Animal Operations Permitting and Compliance
lvo Carolina
, WA(rally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: httn:Nh2o.enr_state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

of WAr�9
Michael F. Easley, Governor
OG
William G. Secretary
`Ot
Ross Jr.,
Cq r
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2005
J
Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
RECEIVED
FEB 2 3 4uu5
Y:
This letter is to acknowledge receipt of your check No. 5973 in the amount of $189:18 on
February 21, 2005. The balance of the penalty is $3,405.31.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
cc: Vigil aington-Regional-Office
File # PC 04-005
APS Central Files
JhCarolina
ill
A(Ady
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: httn:Nh2o.enr.sta1e.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10°/a Post Consumer Paper

OF VA rEy vr��-�j �i Michael F. Easley, Governor
AWilliam G. Ross Jr Secretary
7 North Carolina DepaRment of Fmvirvamemt and Naiuraf Resources
4 .van W. xliwdc, P.E. Director
Division ofWater Quality
March 16, 2005
Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
RECEIVED
MAR 1 8 Z005
This letter is to acknowledge receipt of your check No. 6019 in the amount of $378.36 on
March 15, 2005. The balance of the penalty is $3,026.95.
Payment of this penalty does not preclude further action by this Division for violations of the
Staters environmental laws. If you have any questions, please call me at [phone].
cc: Wlmington.Regi6naI-M
File # PC 04-005
APS Central Files
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
Ij'hCarolina
aruraryy
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Irdernet: htta:/Wo.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]

�DF W A r�yQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
t/3 North Carolina Department of Environment and Natural Resources
.� Alan W. Klimek, P.E. Director
Division of Water Quality
January 13, 2005
Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
This letter is to acknowledge receipt of your check No. 5904 in the amount of $189.18 on
January 12, 2005. The balance of the penalty is $3,594.49.
Payment of this penalty does not preclude further action by this Division for violations of the
State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
cc.. WMiimiH— oon egional Office
File 9 PC 04-005
APS Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Intemet: http:/Ih2o.enr. tate.nc-us 2728 Capital Boulevard Raleigh, NC 27604
No hCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/ 10% Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

o�OF W A rFgQG Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 N� Alan W. Klimek, P.E. Director
Division of Water Quality
October 21, 2004
Mr. Bizzell J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
RECEWRID
OCT z Z 2004
BY:
This letter is to acknowledge receipt of your check No. 5707 in the amount of $189.18 on October 18, 2004.
The balance of the penalty is $4,162.03.
Payment of this penalty does not preclude further action by this Division for violations of the State's
environmental laws. If you have any questions, please call me at [phone].
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
cc: t RImirigt Ron egional Office
File # PC 04-005
APS Central Files
Na hCarohna
)atura!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htto:IJh2a.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal OpportunitylAhirmative Action Employer — 50% Recycled110% Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

�pF W A TFgp Michael F. Easley, Governor
,0 G William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
4 Alan W. Klimek, P.E. Director
Division of Water Quality
September 28, 2004
Mr. Bizzeil J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-005
BJD Farms, Inc.
Farm # 31-768
Duplin County
Dear Mr. Davis:
RECJ�` �)
SEP 2, 4 2004
BY:_
This letter is to acknowledge receipt of your check No. 5658 in the amount of $189.18 on September 24,
2004. The balance of the penalty is $4,351.22.
Payment of this penalty does not preclude further action by this Division for violations of the State's
environmental laws. If you have any questions, please call me at [phone].
Sincerely,
Steve Lewis
Animal Operations Permitting and Compliance
cc:�imingta 0egional Office
File # PC 04-005
APS Central Files
Ahltcur",702);13
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: htto:Hh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Mr. Bizzell J. Davis
BJD Farms H
1180 Lanefield Road
Warsaw, NC 28398
RE: Payment Schedule for Civil Penalty
Case PC 04-005
Farm #31-768
Duplin County
Dear Mr. Davis:
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
September 1, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
As we discussed this week, the Director of the Division of Water Quality (DWQ) considered
Your request for remission of the civil penalty and granted partial remission of the penalty on
August 4, 2004. You have requested a schedule for making partial payments toward the reduced
civil penalty of $4,540.40. DWQ is agreeable to a twenty-four (24) month payment schedule
beginning on October 1, 2004 and continuing to September 1, 2006. There are twenty-three (23)
payments of one hundred eighty-nine dollars and eighteen cents ($189.18) beginning on October
1, 2004 and one final payment of one hundred eighty-nine dollars and twenty-six cents
($1$9.26).
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to
the Department of Environment and Natural Resources and mail them so they are received by the
1st of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in Superior Court.
� Ae
iVCarolina
A una!!
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
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Mr. Bizzell Davis
Page 2
September 1, 2004
Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If you have any questions, please call Steve Lewis at [phone] or Keith Larick at (919)
715-6185.
Sincerely,
.t� !"
Alan W. Klimek, P.E. .
Director, Division of Water Quality
cc: R ''TShfvEr 1Wihnington SW Regional Supervisor w/o attachment
Charlie Stehman, Wilmington AP Regional Supervisor w/o attachment
John Farnell, W1RO w/o attachment
File PC 04-005 w/ attachment
APS Central Files w/o attachment

DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC 2004 0005 Region: Wilmington County: Duplin
Assessed Entity: Bizzell J. Davis dba BJD Farms II
{) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes: Mr. Davis visited Rick Shiver, Chester Cobb, and John Farnell on June 10, 2004. Mr. Davis
gave us additional information relative to the violations for which he was assessed and upon
consideration of this new information we concluded that several of the permit violations were
incorrect or only partly correct. Furthermore, the violation cited in Condition 1I.4. and Condition
II.20. seem one and the same to me and raise the issue of double jeopardy, so it is recommended that
the assessment for one or the other be remitted.
O Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes: Mr. Davis corrected the violations in a timely manner.
O Whether the violation was inadvertent or a result of an accident;
Notes: The violations were neither inadvertent nor accidental.
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 makes no claim of financial inability to pay this assessment, and the
necessary remedial actions have been completed, so financial ability is a moot point.
Decision (Check one)
Request Denied Full Remission Partial remission X Amount
remitted
Date Alan Klimek, P.E.

W
0F WA r�RQG
U DW-a)
XIK
June 16, 2004
Mr. Bizzeil J. Davis
1180 Lanefield Road
Warsaw, NC 28398
RE: Remission Request
BJD Farms II
Permit No. NCA231768
Duplin County
File # PC 04-005
Dear Mr. Davis:
Michael F. Easley
Governor
William G. Ross Jr„ Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Duality
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
August 4, 2004, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone], ext. 539.
Sincerely,
4 � ?'4 0 1 "-f- - z �14 �
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Rick Shiver, Wilmington Regional Supervisor w/attachment
John Farrell, WIRO w/attachment
Central Files
File # PC 04-005 w/ 3 attachments
NCI)EW
Customer Service: Mailing Address: Telephone [phone] Location:
1-&77-623-6748 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/Alfrrmagve Action Employer
50% recycled/ 10% post -consumer paper
htfpJ/h2o. errr state.nc. us

ii
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
CONLvHSSION
WAIVER OF RIGHT TO AN
A )MMSTRATIVE HEARING AND
BILL J. DAVIS ) STIPULATION OF FACTS
FILE NO. PC 04-005
Having been assessed civil penalties totaling _ $7,574.40 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated April 16, 2004 , 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.
f�
This the �day of 1tn1F 20 0
ADDRESS
WArZ TAw N C ?_13 y,?
TELEPHONE
9"a - Zg3-- WF3

-D
JUSTIFICATION FOR REINIISSION RE VEST ,�
DWQ Case Number: PC 04-005 County: DupIin
Assessed Party: Bizzell J. Davis
Permit No. (if applicable): NCA231768 Amount Assessed: $7,574.40
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. _Waiver of Right to an Administrative Hearing, and_ Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as. they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) - the violator_ promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CaROLENA ENVIRONMENTAL MANAGEINIENT
COMMISSION -
COUNTY OF DUPLI
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADINUNISTRATIVE HEARING AND
BIZZELL J. DAVIS } STIPULATION OF FACTS
FILE NO. PC 04-005
Having, been assessed civil penalties totaling $7.574.40 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated At)ril 16. 2004 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 trust 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 77kAlF . 20 6-1
SIGKATURE
ADDRESS
C) L 4111 EP1 EEL D 12 ID
TELEPHONE
9/0 ~ Z!_?r ! F-5

JUSTIFICATION FOR RENHSSION RE VEST
DWQ Case Number: PC 04-005 County: Duplin
Assessed Part•: Bizzell J. Davis
Permit No. (if applicable): NCA231768 Amount Assessed: $7.574.40
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 paces as needed).
(a) one or more of the civil perialty assessment factors in N.C.G.S. 14313-282.1(b
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty• assessment docunrenr);
C% (b) ' the violator promi)tly 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 wiry the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLA.NATIO\:

e
o�oF W A rFRP� Michael F. Easley
� T Governor
CO
CFII V �D William G. Ross Jr., Secretary
_ rI A n r1 Department of Environment and Natural Resources
p R 0 2004 Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
-BY; Division of Water Quality
April 19, 2004
Mr. Bizzell J. Davis
BJD Farms II
1180 Lanefield Road
Warsaw, NC 29398
SUBJECT: Assessment of Civil Penalties
for Violations of Conditions of
General Permit NCA200000
Farm # 31-768
Duplin County
File No. PC 04='005
Dear Mr. Davis:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against BJD Farms II in the amount of
$7,574.40 which includes $574.40 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
hUpYlh2o. ennstate. nc. us
OTM R
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of. -
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext_ 526_
Sincerely,
effrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHMENTS
cc: 19,1-c Shiver Wilmington Regional Supervisor w/ attachments
John Farrell, WIRO w/ attachments
File # PC 04-005 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
B=LL J. DAVIS ) STIPULATION OF FACTS
FILE NO. PC 04-005
Having been assessed civil penalties totaling $7,574.40 _ _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated April 16, 2004 , 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 _ 20_.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC 04-005 County: Duplin
Assessed Party: Bizze113. Davis
Permit No. (if applicable): NCA231768 Amount Assessed: $7,574.40
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 HeadLzZ and Sti ulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request. for remission_ Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document_ Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C_G.S._143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (Le., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL. RESOURCES
COUNTY OF DUPLIN
File No. PC 04-005
IN THE MATTER OF
BIZZELL J. DAVIS
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS OF ) AND ASSESSMENT OF
NPDES PERMIT NCA200000 } 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, Jeffery
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water
Quality Section of the DWQ, make the following:
I. FINDINGS OF FACT
A_ Bizzell J. Davis owns and operates BJD Farms H, a swine animal operation
located along SR 1101 in DupIin County.
B. Bizzell J. Davis was issued Certificate of Coverage NCA231768 under Swine
Waste Management System General NPDES Permit NCA200000 (the General
Permit) on April 9, 2003, effective on April 9, 2003, with an expiration date of
July 1, 2007.
C. Condition II. 2. of the General Permit states "A vegetative cover shall be
maintained as specified in the facility's CAWMP on all land application fields and
buffers in accordance with the CAWMP. No waste shall be applied upon areas
not included in the CAWMP." CAWMP is the acronym for Certified Animal
Waste Management Plan.
D. Condition 11. 4. of the General Permit 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. In no case shall land
application rates result in excessive ponding or any runoff during any given
application event."

E. Condition II. 20. of the General Permit states "Waste shall not be applied on land
that is flooded, saturated with water, frozen or snow covered at the _time of land
application."
F. On December 22, 2003, during a regional fly over inspection, animal waste was
observed being applied from a center pivot irrigation system on BJD Farms II.
The field where the waste was being applied was observed to have excessive
ponded waste and no cover crop.
G. On December 23, 2003, DWQ staff inspected BJD Farms H. Ponded waste was
observed in the sprayfield. The sprayfield was saturated_ No vegetative cover
crop was observed. The sprayfield was not included in the farm's CAWMP.
H. Condition III. 11. f. of the General Permit states "The Permittee shall report by
telephone to the appropriate Division Regional Office as soon as possible, but in
no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: Over applying waste either in excess
of the limits set out in the CAWMP or where runoff enters surface waters or
wetlands."
I. Mr. Davis failed to notify the Regional Office of the excessive ponding_
J. Condition H. 15. of the General Permit states in part "In accordance with 15A
NCAC 8F .0203(b)(2), the Operator in Charge (OIC) or a designated back-up OIC
of a Type A Animal Waste Management System shall inspect, or a person under
the supervision of an .OIC or designated back-up OIC shall inspect, the land
application site as often as necessary to insure that the animal waste is land
applied in accordance with the CAWMP. In no case shall the time between
inspections be more than 120 minutes during application of waste."
K. Mr. Davis, who is the facility's OIC, stated to staff that he was not on site during
.the waste application on December 22°a
L. Condition No. V. 3. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the facility's
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must
not exceed the level that provides adequate storage to contain the 25-year, 24-hour
storm event plus an additional one (1) foot of structural freeboard ..."
M. The 25-year, 24-hour storm event for the facility's location is between seven (7)
and eight (8) inches according to National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1951.

N. Based on a 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level for adequate storage in the lagoon
for BJD Farms 11 is nineteen (19) inches.
O. Condition III. 11. e. of the General Permit states "The Permittee shall report by
telephone to the appropriate Division Regional Office as soon as possible, but in
no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: Failure to maintain storage capacity in
a lagoon/storage pond greater than or equal to that required in Condition V. 3. of
this Permit."
P. During the inspection on December 23`d, staff observed that the waste level on the
freeboard marker in the lagoon was ten inches which exceeded the level of
adequate storage specified in the CAWMP.
Q. The Wilmington Regional Office had not received notification from Mr. Davis
that the waste level exceeded the level specified in the CAWMP.
R. Condition IQ. 1. of the General Permit states in part "Any major structural repairs
to lagoons/storage ponds must have written documentation from a technical
specialist certifying proper design and installation."
S. Staff observed that approximately eight inches of clay had been added to the top
of the lagoon walls. No written documentation was available certifying proper
design and 'installation.
T. The cost to the State of the enforcement procedures in this matter totaled $574.40.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A_ Bizzell J. Davis 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. Bizzell J. Davis violated Condition No. II. 2. of the General Permit by applying
waste to a sprayfield that had no vegetative cover and was not included in his
CAWMP.
D. Bizzell J. Davis violated Condition No. II. 4. of the General Permit by using land
application rates that resulted in excessive ponding.

E. BizzeIl J. Davis violated Condition No. II. 20. of the General Permit by applying
waste to a saturated field.
F. Bizzell J. Davis violated Condition No. III. 11. f. of the General Permit by failing
to notify the Regional Office regarding the waste application which resulted in
excessive ponding.
G. Bizzell J. Davis violated Condition No. II. 15. of the General Permit by failing to
inspect the land application site to insure that the animal waste was land applied
in accordance with the CAWMP.
H. Bizzell J. Davis violated Condition No. V. 3_ of the General Permit by failing to
maintain the liquid level in the lagoon at the level specified in the CAWMP.
1. Bizzell J. Davis violated Condition No_ III. I e. of the General Permit by failing
to report by telephone to the appropriate Regional Office as soon as possible, but
in no case more than 24 hours following first knowledge of the occurrence of
failure to maintain storage capacity in a lagoon/storage pond greater than or equal
.to that required in Condition No. V. 3 violated
J. Bizzell J. Davis violated Condition No. III. 1. of the General Permit by failing to
provide written documentation from a technical specialist certifying proper design
and installation of the clay that had been added to the top of the lagoon walls.
K. Bizzell J. Davis may be assessed civil penalties in this matter pursuant to G.S.
1437-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit.
L. The enforcement costs of the State in this matter may be assessed against Bizzell
J. Davis pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-2821(b)(8).
M. The 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.
�O
� 1000
� Cr3
A t 000
�a
' .t 000
DECISION:
Bizzell J. Davis is hereby assessed a civil penalty of:
$ . 00 0 for violation of Condition II. 2. of the General Permit by
applying waste to a sprayfield that had no vegetative cover
and was not included in the facility's CAWMP
$ for violation of Condition II. 4. of the General Permit by
using land application rates that resulted in excessive
ponding
$ for violation of Condition H. 20. of the General Permit by
applying waste to a saturated field
for violation of Condition H. 15. of the General Permit by
0
failing to have an Operator in Change inspect the land
application site to insure that the animal waste was land
f �1 applied in accordance with the CAWMP
for violation of Condition V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAVP1VM
for violation of Condition III. 11. e. of the General Permit
by failing to notify the Wilmington Regional Office within
24 hours of inadequate storage capacity in a lagoon/storage
pond.
for violation of Condition III. 1. of the General Permit by
failing provide. written documentation from a technical
specialist certifying proper" design and installation of the
clay that had been added to the top of the lagoon walls
3580 $ / : TOTAL CIVIL PENALTY
Los rs $ q Cl Enforcement costs
h o-74 - 4 o , $ S 7(11, 7' b TOTAL. AMOUNT DUE
rw o Y :;-ti t:)- 4-•t s Y n•4 Y n r-,

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 -2 82. 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 State's cost of the enforcement procedures.
(date) A' ey 4. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

F W A T,c Michael F. Easley, Governor
0 �QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co f Alan W. Klimek, P. E. Director
Division of water Quality
'inColeen H. Sullins, Deputy Director
Division of Water Quality
MEMORANDUM
TO: Steve Lewis, Environmental Specialist III
Non -Discharge Compliance/Enforcement Unit
FROM: John Farnell, Environmental Engineer I
Wilmington Regional Office
THROUGH: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Bizzell J. Davis
BJD Farms II
Facility Number: 31-768
Duplin County
DATE: February 9, 2004
Attached please find the subject enforcement report which concludes that BJD Farms II:
1) Violated Condition Il. 4 of NPDES Permit NCA200000 by applying animal waste at a
rate such that excessive ponding occurred.
2) Violated Condition II. 20 of NPDES Permit NCA200000 by applying animal waste to a
rain saturated field.
3) Violated Condition 11. 15 of NPDES Permit NCA200000 by the OIC failing to inspect
land application site for excessive ponding of animal waste.
4) Violated Condition III. I Lf of NPDES Permit NCA200000 by failure to notify the
Wilmington Regional Office of over application leading to excessive ponding.
5) Violated Condition III. I Le of NPDES Permit NCA200000 by failure to notify the
Wilmington Regional Office of inadequate storage capacity in a lagoon/storage pond.
AV
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service A
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

On December 22, 2003, during a regional flyover inspection, animal waste was observed being applied
from a center pivot irrigation system on BJD Farms II. On December 23, 2003, State inspectors from the
Wilmington Regional Office performed a ground inspection at 11:30 a.m. Mainor Tile and Irrigation
Systems was installing a center pivot irrigation system and on December 22, 2003, the operator in charge
was aware that the system was going to be turned on but was not on site during application. Ponded
animal waste was observed and sampled from the field.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-215.6A(a)(2).
It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the
amount of $574.40 pursuant to G.S. 143-2153(a)(9) and G.S. 14313-282.1(b)(8).
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:\WQS\ANIMALS\DUPLM004\31-768BJDFarmsllNOVRE\31-768memo
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1-877-623-6748
A
NCDENR

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF
BIZZELL J DAVIS
FOR VIOLATIONS OF SWINE WASTE
NPDES PERMIT NCA200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 143-215.1
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, Jeffery
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water
Quality Section of the DWQ, make the following:
I. FINDINGS OF FACT:
A. Bizzell J. Davis owns and operates the BJD Farces H, a swine animal operation
along SR 1101 in Duplin County.
B. Bizzell J. Davis was issued Certificate of Coverage NCA231768 under Swine
Waste NPDES General Permit NCA200000 on March 14, 2003, effective on
March 14, 2003, with an expiration date of July 1, 2007.
C. Condition II. 4 of the NPDES Permit NCA200000 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. In no case shall
land application rates result in excessive ponding or any runoff during any given
application event."
D. Condition H. 20 of the NPDES Permit NCA200000 states, "Waste shall not be
applied on land that is flooded, saturated with water, frozen or snow covered at
the time of land application."
E. Condition 11. 15 of the NPDES Permit NCA200000 states, "In accordance with
15A NCAC 817.0203(b)(2), the Operator in Charge (OIC) or a designated back-up
OIC of a Type A Animal Waste Management System shall inspect, the land
application site as often as necessary to insure that the animal waste is land
applied in accordance with the CAWMP. ' In no case shall the time between
inspections be more than 120 minutes during application of waste."

F. Condition III. 1 Lf of the NPDES Permit NCA200000 states, "The Permittee shall
report by telephone to the appropriate Division. Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events: Over applying waste
either in excess of the limits set out in the CAWMP or where runoff enters surface
waters or wetlands."
G. Condition M. I Le of the NPDES Permit NCA200000 states, "The Permittee shall
report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events: Failure to maintain
storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V.3. of this Permit."
H. On December 22, 2003, during a regional fly over inspection, animal waste was
observed being applied from a center pivot irrigation system on BJD Farms II.
The field where the waste was being applied was observed to have excessive -
ponded waste.
I. On December 23, 2003, State inspectors from the Wilmington Regional Office
performed a ground inspection at 11:30 a.m. Mainor Tile and Irrigation Systems
was installing a center pivot irrigation system and on December 22, 2003, the
operator was aware that the system was going to be turned on but was not on site
during application. Ponded waste was observed and sampled from the field.
J. The cost to the State of the enforcement procedures in this matter totaled 5574.40.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Bizzell J. Davis is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Bizzell J. Davis failed to use land application rates so as not to cause excessive
ponding as required by Condition II.. 4 of the NPDES Permit NCA200000.
C. Bizzell J. Davis failed not to apply on land that was flooded and saturated with
water at the time of land application as required by Condition II. 20 of the NPDES
Permit NCA200000.
D. Bizzell J. Davis failed to have an Operator in Change to inspect the land
application site to insure that the animal waste was land applied in accordance
with the CAWMP as required by Condition H. 15 of the NPDES Permit
NCA200000.

E. Bizzell J. Davis failed to notify the Wilmington Regional Office within 24 hours
of over applying waste in excess of the limits set in the CAWMP as required by
Condition III. l l .f of the NPDES Permit NCA200000.
F. Bizzell J. Davis failed to notify the Wilmington Regional Office within 24 hours
of inadequate storage capacity in a lagoon/storage pond as required by Condition
III. 1 Le of the NPDES Permit NCA200000.
G. Bizzell J. Davis may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit.
H. The enforcement costs of the State in this matter maybe assessed against Bizzell
J. Davis pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
I. The 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:
M. DECISION:
Bizzell J. Davis is hereby assessed a civil penalty of:
$ for violation of Condition H. (4) of NPDES Permit
NCA200000 in failure to use land application rates so as
not to cause excessive ponding.
$ for violation of Condition II. (20) of NPDES Permit
NCA200000 in failure of applying on land that was flooded
and saturated with water at the time of land application.

$ for violation of Condition II. (15) of NPDES Permit
NCA200000 in failure of not having an Operator in Change
to inspect the land application site to insure that the animal
waste was land applied in accordance with the CAWMP.
$ for violation of Condition III. (I Lf) of NPDES Permit
NCA200000 for failure of not notifying the Wilmington
Regional Office within 24 hours of over applying waste in
excess of the limits set in the CAWMP.
for violation of Condition III. (I Le) of NPDES Permit
NCA200000 for failure of not notifying the Wilmington
Regional Office within 24 hours of inadequate storage
capacity in a lagoon/storage pond.
$ 574.40 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.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or -to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The State's cost of the enforcement procedures.
(Date) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

Violator:
Contact Person:
Address:
Facility #:
Receiving Stream:
Classification:
Regional Office:
Inspector:
Report Prepared By:
Case Narrative:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Bizzell J. Davis
Bizzell J. Davis
1180 Lanefield Rd. Warsaw, NC 28398
31-768
Unnamed Tributary to Taylors Creek
Taylors Creek is Iisted as Class C Sw Waters of the State
Wilmington
Gale Stenberg, John Farrell
John Farnell
On December 22, 2003, during a regional fly over inspection, animal waste was observed being
applied from a center pivot irrigation system on BJD Farms H. The field where the waste was
being applied was observed to have greater than fifty percent ponded waste.
On December 23, 2003, State inspectors from the Wilmington Regional Office performed a
ground inspection at 11:30 a.m. During the inspection a manmade conveyance (photo 1) was
found cut into the field to help drain the application field of rainwater. Mainor Tile and
Irrigation Systems was installing a center pivot irrigation system and on December 22, 2003, the
operator was aware that the system was going to be turned on but was not on site during
application. According to the operator, animal waste had been applied over the manmade
conveyances and field (photo 2) during December 2 i 5` and 22 "a of 2003.
Ponded animal waste was observed and sampled from the field (photo 3 — 7). No cover crop was
present on the field. The field had not been added to the BJD Farms II WMP as of December 23,
2003.
An inspection of the lagoon showed that approximately eight inches of clay (photo 8) had been
added to the top of the lagoon dike (Original level marker showed ten inches and the new
temporary marker showed eighteen inches). Operator did not have certification from an
appropriate technical specialist stating that the lagoon modification was designed and installed
properly

Farm and/or Company Compliance History: Include a copy of CAFO Designation letters,
previous NOV's NOD's previous civil assessments etc.
March 31, 1997 Notice of Violation issued for no operator designated to the BJD
Farms II site.
March 3, 1998 Notice of Violation issued for Revocation of Nonpayment.
February 26, 1999 Notice of Violation issued for Revocation of Nonpayment.
March 17, 2000 Notice of Deficiency issued for not having a weekly freeboard log.
February 1, 2001 Notice of Violation issued for Revocation of Nonpayment.
April 15, 2003 Notice of Violation issued for facility reporting a high freeboard
level of 18 inches on March 20, 2003.
Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the
rate of flow reaching surface water.
Animal waste ponding was observed on the application field during a flyover inspection.
Sample Results (If applicable) with locations of samples taken noted in relation to the
discharge point:
The sample pulled from ponding in the field (photo 6). Date sampled is December 23, 2003.
Lab ID number 17905.
Sample Point
Field
Fecal Coliform
4,800
(colonies/ 100m1)
NO2-N + NO3-N
0.17
(mg/L)
NH3-N
147
(mg,-)
TKN
207
(mglL)
Total P
9.88-
(mgIL)

Violator's de ree of cooperation(including efforts to prevent or restore recalcitrance:
Mr. Bizzell Davis failed to notify the Wilmington Regional Office of the ponding field and high
lagoon levels in the appropriate time.
In the past year, Mr. Davis has spent a considerable amount of money to increase his farm's
ability to manage waste. Clearing eighty-five acres of land for field application, a center pivot
irrigation system, and new pump house are just a few improvements towards better waste
management.
After understanding the severity of the situation, Mr. Davis removed the manmade conveyances
leading off the, new field. Operation and adjustments to the yet to be completed center pivot
irrigation system was halted until steps of implementing the field into the CAWMP could be
accomplished properly. The CAWMP was modified to include the new field with a designated
crop by January 16, 2003. A Plan of Action (POA) was submitted to the Wilmington Regional
Office on January 9, 2004. On January 14, 2004, both lagoon levels were out of structure. With
assistance from Murphy -Brown's engineers, Mr. Davis was able to repair the lagoon dike walls
and place accurate level gauges by January 14, 2004.
Fish kill observed? YIN If yes, include report from WRC:
No fish kill was observed.
Mitigating Circumstances:
No mitigating circumstances.
Recommendation.
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to G.S. 143-215.6A.
Assessment Factors required to be considered by G.S. 143B-282.1(b):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
Not documented.
2. The duration and gravity of the violation:
The ponding is thought to have occurred for at least two days. The gravity is that this is a
serious violation as ponding can easily lead to runoff and discharges to waters of the
State.

3. The effect on ground or surface water quantity or quality or on air quality:
Not measured.
4. The cost of rectifying the damage:
Unknown.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance may be that amount of money that it
would cost to ensure that staff are properly trained and the cost to ensure that there is a
sufficient amount of staff to perform sufficient monitoring of the application activities to
ensure that runoff and discharge of animal waste into the waters of the State does not
occur. This amount of money is unknown to me.
6. Whether the violation was committed willfully or intentionally:
Mr. Davis was aware that on December 22" d of 2003, animal waste was applied to a rain -
saturated f ield. M r. D avis w as a ware o f t he m anmade c onveyances i n t he f ield. M r.
Davis was aware that the new field had not been added to the BJD Farms 11 CAWMP as
of December 23, 2003. Mr. Davis was aware that no receiving crop was specified in the
facility's CAWMP as of December 23, -2003, and that no receiving crop was present on
the application field. The OTC, Mr. Davis was not on site while the center pivot irrigation
system was operated on December 22, 2003. The appropriate Division Regional Office
was not notified of the excessive ponding within twenty-four hours of the occurrence.
The OTC failed to notify the appropriate Division Regional Office when the lagoon level
reached the structural freeboard level of twelve inches.
7. The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
A Notice of Violation dated March 31, 1997, was issued for no operator designated to -the
BJD Farms IT site.
A Notice of Violation dated March 3, 1998, was issued for Revocation of Nonpayment.
A Notice of Violation dated February 26, 1999, was issued for Revocation of
Nonpayment.
A Notice of Deficiency dated March 17, 2000, was issued for not having a weekly
freeboard log.
A Notice of Violation dated February 1, 2001, was issued for Revocation of
Nonpayment.
A Notice of Violation dated April 15, 2003, was issued for facility reporting a high
freeboard level of 18 inches on March 20, 2003.

8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $574.40, as follows:
Staff,
16 hours @ $20.05/hour
$ 320.80
Samples
Fecal @ $20.00/sample
$ 20.00
Nutrients @ $95.00/sample
$ 95.00
Mileage
110 miles @ $0.36/mile
$ 39.60
Administrative Costs
100.00
Total
$574.40

0
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BJD Farms II (31-768) is located off of SR 1101
in Duplin County. Map created from
1988 USGS Rose Hill Quadrangle.

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F VY rF Michael F. Easley, Governor
�� 9p William G. Ross Jr.. Secreta ry
�O G North Carolina Department of Environment and Natural Resources
j�_ Alan W. Klimek, P.E. Director
-1 Division of Water Quality
0 Coleen Sullins. Deputy Director
Division of Water Quality
CERTIFIED MAIL # 7002 1000 0005 2390 8894
RETURN RECEIPT REQUESTED
Mr. Bizzell J. Davis. January 12, 2004
BJD Farms 11
1180 Lanefield Rd.
Warsaw, NC 28398
Subject: Notice of Violation and
Recommendation for Enforcement
BJD Farms II
Facility Number: 31-768
Warsaw, NC
Duplin County
Dear Mr. Davis:
This Notice of Violation is issued on this date to Mr. Bizzell J. Davis, ownerloperator of the BJD
Farms 11 covered under Certificate of Coverage NCA231768. This Certificate of Coverage was issued by
the State of North Carolina under Swine Waste Management System General NPDES Permit
NCA200000.
During a fly over event on December 22, 2003, and during a ground inspection performed on
December 23, 2003; staff from the Wilmington Regional Office of the Division of Water Quality observed
and documented several violations.
These violations are listed as follows:
Waste ponding
On December 22, 2003, during a regional fly over inspection, animal waste was observed being
applied from a center pivot irrigation system on BJD Farms 11. On December 23, 2003, during a
ground inspection, excessive ponded waste was found in the new field from previous waste
applications on December 21 st and 22n° of 2003.
This'is 'in iolation of Condition 11. 4 "of the NPDES Permit NCA200000, which 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. In no case shall land application
rates result in excessive ponding or any runoff during any given application event"
2. Applied waste on saturated field
On December 22rd of 2003, animal waste was observed being applied to a rain -saturated field.
This is in violation of Condition 11.20 of NPDES Permit NCA200000, which states, "Waste shall
not be applied on land that is flooded, saturated with water, frozen or snow covered at the time of
land application."
NA
MCDUI:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] (fax)

Page 2 of 4
Mr. Davis
1 f 12/2004
Applied waste over manmade conveyances
Application events occurred on December 21' and 22nd of 2003. Manmade conveyances were
found cut into the new field to help run rainwater off
into a drainage ditch. ° of Animal
waste had been
applied over the manmade conveyances, during December and 2
2003.
This is in violation Of Condition I. 1 of NPDES permit NCA200000 which states, "Waste shall not
reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct
discharge or through ditches not otherwise classified as state waters."
4. Applied waste on field not listed in the Certified Animal Waste Management Plan (CAWMp)�
Application events occurred on December 21 stand 22nd of 2003. The new field had not been
added to the I3JD Farms II CAWMP as of December 23, 2003.
This is in violation of Condition 1. 3 of the NPDES Permit NCA200000, which states, "The
Permittee must amend the CAWMP in order to address any changes need to maintain
compliance with the facility's COC and this permit. Any amendment to the CAWMP must be
doC'umented, dated, and included as art of the GHY JMP. All amendments, along with a;
explanation identifying all amendments, shall be submitted to the appropriate Division regional
office within ten (10) working days of the amendment."
5. Applied waste on new field with no receiving crop
No receiving crop was specified in the facility's CAWMP as of December 23, 2003. No receiving
crop was present on the application field.
This is in violation of Condition 11. 2 of the NPDES Permit NCA200000, which states, "A
vegetative cover shall be maintained as specified in the facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP."
6. Operator in Charge (OIC) failed to inspect land application site
On December 21st and 22`d of 2003, Mainor Tile and Irrigation Systems installed and operated a
center pivot irrigation system. The OIC was not on site while the center pivot irrigation system
was operated on December 22, 2003.
This is in violation of Condition II. 15 of NPDES Permit NCA200000, which states, "In accordance
with 15A NCAC 8F .0203(b)(2), the Operator in Charge (OIC) or a designated back-up 01C of a
Type A Animal Waste Management System shall inspect, the land application site as often as
necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no
case shall the time between inspections be more than 120 minutes during application of waste."
Failure to notify
On December 22. 2003, during a regional fly over inspection, animal waste was observed being
applied from a center pivot irrigation system on BJD Farms it. On December 23, 2003, during a
ground inspection, excessive ponded waste was found in the new field from previous waste
applications on December 215t and 22" d of 2003. The appropriate Division Regional Office was
not notified of the excessive ponding within twenty-four hours of the occurrence.
This is in violation of Condition Ill. 11.f of NPDES Permit NCA200000, which states, "The
Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: Over applying waste either in excess of the limits set
out in the CAWMP or where runoff enters surface waters or wetlands."

Mr. Davis
1 /12/2004
8. Improper lagoon modification
An inspection of the lagoon showed that approximately eight inches of clay had been added to
the top of the lagoon dike (Original level marker showed ten inches and the new temporary
marker showed eighteen inches). Operator did not have certification from an appropriate
technical specialist stating that the lagoon modification was designed and installed properly.
This is in violation of Condition 111. 1 of NPDES Permit NCA200000, which states, "Any major
structural repairs to lagoons/storage ponds must have written documentation from a technical
specialist certifying proper design and installation."
9. Failure to notify
The original lagoon level marker showed ten inches of freeboard. The operator failed to notify the
appropriate Division Regional Office when the lagoon level reached the structural freeboard level
of twelve inches.
This is in violation of Condition Ill. 11.f of NPDES Permit NCA200000, which states, "The
Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: Failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in Condition V.3. of this Permit"

Page 4 of 4
Mr. Davis
1/12/2004
Response requirements are listed as follows:
1. A written response must be submitted to the Wilmington Regional Office, Division of Water
Quality that includes:
a. An explanation of the violations.
b. A description of the actions taken to bring the violations back into compliance and to
prevent their recurrence. -
2. The Wilmington Regional Office must receive this written response 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.
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. John
Farnell of our Wilmington Regional Office at [phone] ext. 203 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 LLC
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-768
S:IWQSIANIMALSIDUPLIN12004131-768 BJD Farms 11 NOVRFE

Bizzell Davis
1180 Lanefield Rd
Warsaw, NC 23398
Februarv- 3"d 20014
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 23403-2845
Subject:Fac 31-768, NOV January 1-2, 2004
Dear Sirs:
This letter, is in reference to the Notice of Violation dated January 12, 2004.
In response to the nine items listed in the above mentioned NOV to this farm stemming from a fly over
event on December 22, 2003 and aground inspection on December 23, 2003.
1) Waste Ponding : Approximately 230810 gallons of waste were applied on 83 acres. This
application does not amount to but approMimately one tenth of liquid applied per acre. It is
unlikely this application amount could result in excessive ponding.
2) Applied waste on saturated field: Due to time Iimitations in completing installation of this
system applications may have been made under less than favorable application conditions.
This was done in order to gather information needed to obtain a revised WUP for this facility
which is needed to get this facility in compliance with its NPDES permit.
3) Applied waste over manmade conveyances: There was no evidence of discharge from the
so called conveyance structures. When I asked if samples might be taken in the ditch at these
areas or at the outlet point leaving my- farm, DWQ staff refused stating that they did not feel
samples were needed in the ditch.
4) Applied waste on Geld not listed in the Certified Animal Waste Management
Plan(CAWMP): I was in the process of obtaining wetable acres as discussed with Mr. Billy
Houston of Duplin Soil and Water. In my discussions with Soil and Water they required
me to have wettable acres before revising my current WUP
5) Applied waste on new Geld with no receiving crop: A temporary cover was planted within
30 days of pumping as required by 0200 regulations_ Seeding of a temporary cover -*v-as
completed by January- 201h. 2004. Permanent grass will be established as soon as
conditions permit completion of final grading of the new spray Geld.
6) Operator in Charge(OIC) failed to inspect land application site: Prior to starting the pivot
on December 21", 2003 Mr Nfainor and I discussed the field condition. We decided that for
( testing purposes, needed to obtain wetable acres to revise the WUP for this facility, one
i complete revolution of the pivot at the highest speed would not allow runoff of waste from
this site.
7. Failure to.notify: 1 was unaware that what DWQ considers excessive ponding had occurred
prior to the inspection by DWQ personal. I considered the inspection by DNVQ personal all
the notification needed_ There was adequate correspondence/discussion between myself and
DWQ to suffice as notification.
8) Improper lagoon modification: I,.vas workingy,,Nith USDA-NRCS on filling love areas on
my Iagoon dike, at which time we would reinstall my freeboard markers. i was not a►vare
that USDA-NRCS did not have approval authority on lagoon dike repairs. As of January
13`s, 2004 1 have completed work as sugvested/supervised by Nlr Dave Elkin, PE of Murphy -
Brown -(see attached) u

9) Failure to notify: After not-fvinaDWQ of being above the nineteen inch level, 1 was
unaware that my lagoon ever infringed on the twelve inch level.
Due to 0200 permitting requirements I have been trying to improve/expand the pumping area for this farm
over the past three years- I have worked through USDA-NRCS to establish more irrigatable acres and
improve my existing irrigation system. I have spent in excess of two hundred thousand
(200,000) dollars in improvements, to date, on this facility.
As for the December 23"d, 2003 visit by DWQ personal, I have lowered my lagoons to levels at or below
those agreed upon during inspections/follow up visits by DWQ inspectors. I have completed dike
repairs/reseeding and seeding to my spray fields. This work was completed at a cost of approximately
five thousand dollars(5000).
Please consider any or all work and associated costs incurred on this farm before issuing any
violations.
If you need additional information regarding this matter please contact me at the above address.
Sincerely-.
_ Btzzell Davi/ p~~
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P_0. Sox 856
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Mu y ;� 7ii �i
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` wa. �0 2$398
,�,
9I0-293-3454
910-293-7551 Fax
January 21, 2004
John Famell
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
Subject: Certification of Dam Maintenance on BJD2 Farm
Dear Mr. Farnell:
On January 13,' 2003 1 supervised work done on the JBD2 farm owned by Bizzell
Davis of Warsaw, NC. This work was performed to repair the low spots in the top of
dike elevations to be level with the designed elevations.
Some work had previously been done to this site prior to my involvement. In order to
ensure that the raised areas of the dike were of suitable material and that the repair would
be bonded to the existing dike material the following measures were taken: A trench was
excavated which extended 24" below the original top of dike. This trench allow for
inspection of the materials used, in which; suitable clay and loamy clay soils were found.
The trench was then backfilled in approximately 8" lifts and compacted to ensure that the
newly filled areas have been tied to the existing dike material by this keyway. With these
measures the lowest areas have been repaired to be level with the design top of dike,
which is the same for both lagoons_ The elevation can be observed as equal to the
undisturbed majority of the dike and the elevation of the bottom of the concrete pad,
poured to house the nearly installed irrigation pump.. Upon completion of this work new
staff gages have been set in each lagoon. With this letter I certify that the requirements of
NRCS technical standard 359 have been met in this repair worts, which was completed in
a manor consistent with appropriate construction techniques to ensure the integrity of the
added material.
Sincerely,
David S. Elkin, P.E.
Murphy -Brown, LLC
Cc: Dexter Edwards
Bizzell Davis

s RCS Natural Resources Conservation Service
PO Box 219, 305 N. Main Street
Kenansville, NC 28349
DA N 910.296.2120 Phone
910.296.2122 Fax
August 16"', 2002
Mr. Bizzell Davis
1180 Lanefield Rd.
Warsaw, NC 28398
Dear Mr_ Davis
This letter is in response to our discussion on August 15th, 2002.
During the installation of your lagoon gauges on Facility 31-768, BJD Farm 42, our
survey showed a need to do some grade work on your existing dikes. This should be
done to fill areas that are below average dike level. This will allow you to maximize your
lagoon freeboard levels.
The existing vegetation should be disked or removed, and a suitable clay fill layered and
compacted on the existing fill areas. The dike should be scarified or before fill work
begins. After completing the dike upgrade the disturbed areas should be seeded with a
mixture of unhulled Bermuda and Rye.
The area of your proposed drainage ditch has suitable clay for the dike fill material.
If you have any questions or need additional assistance please give me a call.
Sincerely
Billy W Houston
District Technician

Natural Resources Conservation Service
,USDA PO Box 219, 305 N. Main Street
Kenansville, NC 28349
._:._ . 910.296.2120 Phone
NRCS
910.296.2122 Fax
September 9t`, 2003
Mr. Bizzell Davis
1180 Lanefield Rd.
Warsaw, NC 28398
RE: Facility 31-768, BJD Farm #2- Dike FilUSeeding
Dear Mr. Davis
This letter is in response to our final construction check on your lagoon dike.
The dike fill appears adequate as installed, however the existing vegetative cover is not
suitable. The dike should be scarified and reseeded with a mixture of unhulied Bermuda
and Rye. Approximately 1000 lbs of 8-8-8 fertilizer and 1000 lbs'of lime should be
spread and incorporated with the seed to provide suitable starter fertilizer. Please notify
this office when work is completed.
If you have any questions or need additional assistance please -give me a call.
Sincerely
o,/ /V--
Billy W Houston
District Technician

Environmental Chemists, Inc.
© 6602 Windmill Way - Wilmington, North Carolina 28405
[phone] (Lab) - [phone] (Fax)
qmp- -ANALYTICAL & CONSULTING RECEIVED [e-mail]
CHEMISTS NC❑ NR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer: BY:
NCDENR-DWQ
127 N. Cardinal Drive East.
Wilmington, NC 28405
Attn: Gail Stenberg
REPORT OF ANALYSIS
Date Sampled: 12/23/03
Sampled By: Gale Stenberg
WASTEWATER:
Date of Report: January 8, 2004
Purchase Order #:
Report Number: 3-7594
Report To: Gale Stenberg
PARAMETER
Sample ID
Field
Lab ID
#17905
Nitrate + Nitrite Nitrogen, NO3+NO=-N mg/L
0.17
Ammonia, NR3-N mg/L
147
Total Phosphorus, P mg/L
9.88
Total Kjeldahl Nitrogen, TKN mgAL
207
Fecal Coliform, colonies/100 mL
4800
Comments:
Reviewed l

057
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
NCDENR: DWQ Corlilirale 04, DL3 Cerlllkrle 037729
Saline Tyne: I = Infiuwnt_ F. = F.Mviank ur i4w.11 c'T' _ c•,..,...,• CIA _Q-:1 Cr _ el..a.... naw.....
6602 Windmill Way
Wilmington, NC 28405
P4one: (9I0) 392-0223
Fax: [phone]
Email;EdheinW.a�aol.com
Report No: 2 ---7 S-'
Sample Identification
CollectionPRESERVATION
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ANALYSIS REQUESTED
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DATE
TIME
'TEMP
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NOTICE — DE I-ILORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 ppm or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
1.
2.
ALIG111pu aiure When KVelvec ; f l i �_ Accepted: I/ Red ted. Resample Requested:
Delivered By: c° ,� Received By: 23 Date: �J1Time: ;U
Comments: — 7
5

Murphy -Brown LL%
January 21, 2004
John Farnell
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
P.O. Box 856
'Warsaw, INC 28398
JH N `� ::, .� I� 910-293-3 51
f 910-293-7551 Fax
Subject: Certification of Dam Maintenance on BJD2 Farm
Dear Mr. Farrell:
On January 13, 2003 I supervised work done on the JBD2 farm owned by Bizzell
Davis of Warsaw, NC. This work was performed to repair the low spots in the top of
dike elevations to be level with the designed elevations.
Some work had previously been done to this site prior to my involvement. In order to
ensure that the raised areas of the dike were of suitable material and that the repair would
be bonded to the existing dike material the following measures were taken: A trench was
excavated which extended 24" below the original top of dike. This trench allow for
inspection of the materials used, in which suitable clay and loamy clay soils were found.
The trench was then backfilled in approximately 8" lifts and compacted to ensure that the
newly filled areas have been tied to the existing dike material by this keyway. With these
measures the lowest areas have been repaired to.be level with the design top.of dike,
which is the same for both lagoons. The elevation can be observed as equal to the
undisturbed majority of the dike and the elevation of the bottom of the concrete pad,
poured to house the newly installed irrigation pump. Upon completion of this work new
staff gages have been set in each lagoon. With this letter I certify that the requirements of
NRCS technical standard 359 have been met in this repair work, which was completed in
a manor consistent with appropriate construction techniques to ensure the integrity of the
added material. r`;,,,,:,,;�: ,
Sincerely, -• �d~'��`�'r`uli�yf 1 a �.
'�/^'^���/4 ��V,�' � �"��'^a'��,�j';`..i �••y��$ Ali
David S. Elkin, P.E. 'f.f• '+;.,,�
3f3;iTL3
Murphy -Brown, LLC
Cc: Dexter Edwards
Bizzell Davis

of Vd A r�R Michael F_ Easley, Governor
p William G. Ross Jr., Secretary
GO North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Q Division of Water Quality
Bizzell Davis
BJD Farms II
1180 Lanefield Rd
Warsaw NC 28398
April 9, 2003
Subject: Certificate of Coverage No. NCA231768
BJD Farms II
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
Dear Bizzell Davis:
On March 14, 2003, the North Carolina Division of Water Quality (Division) issued an NPDES General
Permit for swine facilities. The General Permit was issued to enable swine facilities in North Carolina to
obtain coverage under a single permit that addresses both State and Federal requirements.
In accordance with your application received on February 7, 2003, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to Bizzell Davis, authorizing the operation of the subject animal
waste collection, treatment, storage and land application system in accordance with NPDES General
Permit NCA200000. The issuance of this 'COC supercedes and terminates your COC Number
AWS310768 to operate under State Non -Discharge Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the BJD Farms II ,, located in DupIinCounty, with an animal capacity of no greater
than an annual average of 6400 Feeder to Finish swine and the application to land as specified in the
facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to
Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may
be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4
gilts for every 3 sows
The COC shall be effective from the date of issuance until July 1, 2007. Pursuant to this COC, you are
authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAVArNT and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals -
Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and
Federal general permit it contains marry new requirements in addition to most of the conditions contained
in the current State general permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keepin;
and monitoring conditions in this permit._ The Devices to Automatically Stop Irrigation Events Form
must be returned to the Division of Water Quality no later than _120 days_ following receipt of the
Certificate of Coverage. The Animal Facility knnuai Certification Form must be compieted_and returned__
to the Division of Water Quality by no later than March Ist of each year.
Nor -Discharge Permfting unit intemet httpJ/h2o_enr.state.nc.us/nLipu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
Customer Service Center Telephone [phone]B
An Equal Opportunity Action Employer 50% recycledl1096 post -consumer paper

If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon. abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon or any wetted area of a spray field.
Please be advised that any violation of the teams and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C, the Clean Water Act and 40 CFR 122.41 including civil penalties,'criminal
penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. - A narrielownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual NPDES Permit by contacting the staff member listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
This. facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact Sue Homewood at [phone] ext. 502.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit NCA200000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
Wilmington Regional Office, Water Quality Section
Duplin County Soil and Water Conservation District
Permit File NCA23I768
Permit File AWS310768
NDPU Files

NK
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