710006_ENFORCEMENT_20171231

NORTH CAROLINA
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DV-2016-0060 01/28/2016 Owner: Bandit 3 LLC (71-06)
Picture 3: Ponding in fields behind aerway system, also in Southeastern fields. Picture taken near sample 2 location..

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DV-2016-0060 01/28/2016 Owner: Bandit 3 LLC (71-06)
MAP 1: Map of Raccoon farm, along with sample/picture locations. Blue represents waterway to Sills Creek.

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ANALYTICAL & CONSULTING CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way, Wilmington, NC 29405 • 910.392.0223 Lab w 910.392.4424 Fax
710 Bowsertown Road, Manteo, NC 27954 w 252.473.5702 Lab/Fax
255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax
[e-mail]
NCDENR-DWR Date of Report: Feb 11, 2016
127 N. Cardinal Drive Ext. Customer PO #:
Wilmington NC 28405 Customer ID: 09010049
Attention: David Powell Report #: 2016-01177
Project ID: 71-06 Discharge
Lab ID Sample ID: Collect Date/Time Matrix Sampled by
16-02821 Site: 1 1/28/2016 - 2:30 PM Water Client
Test Method Results Date Analyzed
Ammonia Nitrogen
EPA350.1
157 mq/L
02/03/2016
Total Phosphorus
5M 4500 P F
8.36 mq/L
02/09/2016
Fecal Coliform
5M9222DMF
>120000Colonies/100mL
01/28/2016
Total Nitrogen (Calc)
Total Kjeldahl Nitrogen (TKN)
EPA351.2
85.6 mg/L
02/04/2016
Nitrate+Nitrite-Nitrogen
EPA353.2
0.18 mg/L
02/03/2016
Total Nitrogen
Total Nitrogen
85.8 mg/L
02/08/2016
Lab ID Sample ID:
Collect Date/Time
Matrix Sampled by
16-02822 Site:2
1/28/2016 2:50 PM
Water Client
Test
Method
Results Date Analyzed
Ammonia Nitrogen
EPA 350.1
194 mg1L
02/03/2016
Total Phosphorus
5M 4500 P F
22.2 mg/L
02/09/2016
Fecal Coliform
SM e222D MP
54000 Colonies1100ml- 01/28/2016
Total Nitrogen (Calc)
Total Kjeldahl Nitrogen (TKN)
EPA 351.2
109 mq/L
02/04/2016
Nitrate+Nitrite-Nitrogen
EPA 353.2
0.31 mg/L
02/04/2016
Total Nitrogen
Total Nitrogen
110 mglL
02/08/2016
RECEIVEDMIDDENR/M
FEB 2 2 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
Report M: 2016.01177 Page 1 of 2

PF —041111111111
SM
ANALYTICAL & CONSULTING CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax
710 Sowsertown Road, Manteo, NC 27954 e 252.473.5702 Lab/Fax
255-A Wilmington Highway, Jacksonville, NC 28540 ' 910.347.5843 Lab/Fax
[e-mail]
NCDENR-DWR Date of Report: Feb 11,.2016
127 N. Cardinal Drive Ext. Customer PO #:
Wilmington NC 28405 Customer ID: 09010049
Attention: David Powell Report #: 2016-01177
Project ID: 71-06 Discharge
Lab ID Sample ID: Collect Date/Time Matrix Sampled by
16-02823 Site: 3 1/28/2016 3:35 PM Water . Client
Test Method Results Date Analyzed
Ammonia Nitrogen
EPA 350.1
61.7 mg/L
02/03/2016
Total Phosphorus
SM 4500 P F
2.89 mglL
02/08/2016
Fecal Coliform
SM9222D MF
26000 Colonies/100ml-
01/28/2016
.Total Nitrogen (Calc)
Total Kieldahl Nitrogen (TKN)
EPA 351.2
22.2 mg/L
02/04/2016
Nitrate+Nitrite-Nitrogen
EPA 353.2
2.46 mq/L
02/04/2016
Total Nitrogen
Total Nitrogen
24.7 mg/L
02/08/2016
Lab ID Sample ID:
Collect DatelTime
Matrix. Sampled by
16-02824 Site:4
1/28/2016 4:25 PM
Water Client
Test
Method
Results Date Analyzed
Ammonia Nitrogen
EPA350.1
8.9mg1L
02/03/2016
Total Phosphorus
SM 4500 P F
0.39 mglL
02/04/2016
Fecal Coliform
SM9222D MF
12000 Colonies/1 00m L
01/28/2016
Total Nitrogen (Calc)
Total Kieldahl Nitrogen (TKN)
EPA351,2
5.6mg1L
02/03/2016
Nitrate+Nitrite-Nitrogen
EPA353.2
1.53 mg1L
02/04/2016
Total Nitrogen
Total Nitrogen
7.1 mg1L
02/08/2016
Comment:
Reviewed by:
Report #:: 2016-01177 Page 2 of 2

Analytical & Consulting Chemists
ENVIRONMENTAL CHEMISTS, INC
NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729
71—o(o COLLECTION AND CHAIN OF CUSTODY
6602 Windmill Way Wilmington, NC 2841
OFFICE: 910-392-0223 FAX [phone],
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Comments: TURNAROUND:

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1 _ SAPMLE IDENTIFICATION (Cmtaim r Asstvciated wig reRn :sled testing)
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3. DATE COLLECTED
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'LION INSi MCTIONS
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3- Then completely fill bath bottles vnih fresh sample_
-Awcord of date cdectmt tine cuUmb+d, sample cdtector, and use of proper pumervahves moist be a aidsinat Each ample mug d mtyindicale Ow State of lfoLth Carolina
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Analytical & Consulting Chemists
ENVIRONMENTAL CHEMISTS, INC
NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729
71 - 9(p COLLECTION AND CHAIN OF CUSTODY
6602 Windmill Way Wilmington, NC 284t
OFFICE: 910-392-0223 FAX [phone].
[e-mail]
CLIENT:D
PROJECT NAME: — Q JJ �"� C'
REPORT NO:
ADDRESS: '„/ (�
CONTACT NAME: Dkr, d f // oe-
PO NO:
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REPORT TO: I 10 4141 1
PHONE/FAX:
K-- I
COPY TO:
email:
Sampled By: SAMPLE TYPE: I = Influent. E = Effluent, W = Well. ST = Stream, SO = Soil, SL = Sludqe, Other:
Sample Identification
Collection
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PRESERVATION
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Relinquished By_
Date/Time
Received By:
DatelTime
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Temperature when Received: Accepted: v Rejected: Resample Requested:
Delivered By: Received By:.. Date: 1 2-? 11 k• Time: I-) JZ0
Comments: �l TURNAROUND:

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Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Goremor
DONALD R. VAN DER VAART
Secroury
S. JAY ZIMMERMAN
0imoor
June 1, 2016
MEMORANDUM
TO: Christine Lawson, Program Manager
Animal Feeding Operations Permitting
FROM: David Powell, Environmental Specialist I D
Wilmington Regional Office
THROUGH: Jim Gregson, Environmental Program Supervisor III �s--
Wilmington Regional Office
SUBJECT: Enforcement Report
Bandit 3 LLC
Raccoon Farm
Facility Number: 71-06
Pender County
Please find attached the subject enforcement report, which concludes that Bandit 3 LLC
violated Condition I. 1. of the General Permit AWG100000 for failure to prohibit a discharge to
surface waters of the State. Bandit 3 LLC violated Condition 11. 5. of the General Permit
AWG 100000 for failure to apply animal waste to a land application field which would not result
in excessive ponding or any runoff during any given application event.
On January 27, 2016, (WIRO) received a complaint of pumping on saturated fields at this facility.
On January 28, 2016, representatives from the Division of Water Resources WIRO inspected the
Raccoon Farm 71-06 and the permitted waste management system. Runoff and ponding of animal
waste was observed in fields and going into a ditch, which led to waters of the State. Notification
had not been received by WIRO. Pictures and samples were taken of the incident.
A Notice of Violation and Recommendation for Enforcement (NOV-2016-DV-0060) was issued
on February 19, 2016, for above mentioned violations to the General Permit AWG100000.
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 $884.54 pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
If you have any questions, please contact me at 910-796-7304.
State of North Carolina J Environmental Quality J Water Resources
1611 Mail service Center J Raleigh, North Carolina 27699-1611
919 707 9000

Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
G:IWQISharedlAN1MAI.S\Pender12016171-06NOVREF

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Bandit 3 LLC.
County: Pender
Case Number: DV-2016-0060
Permit Number: AWS710006
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Lab results indicate fecal coliform concentrations of 26,000 colonies/100mL leaving spray
irrigation fields. This is indicative of high concentration of animal waste water. Animal waste is
high in BOD, Fecal Coliform and can cause eutrophication which can disrupt natural ecosystems
and also a severe public health risk.
2) The duration and gravity of the violation;
Staff from the Wilmington regional Office received a complaint of pumping on
saturated fields on January 27, 2016, at this farm. Animal waste was ponded in
the fields and running off at the time Regional staff arrived onsite the following
day. Lab results indicate fecal coliform concentrations of 26,000 coloniesl100mL
leaving spray irrigation fields.
3) The effect on ground or surface water quantity or quality or on air quality;
Not evaluated, however over application of animal waste on spray fields can have the potential
for groundwater and aquifer contamination to occur and affect the environment and disrupt
natural ecosystem. Discharge of animal waste to surface waters can lead to eutrophication,
contributes to algae blooms, nutrient enrichment and fish kills.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is not known. Items to consider: Irrigate more in shorter events to
allow proper infiltration at agronomic rates. Diesel fuel and time for OIC to operate or frequent
pumping events or the cost to pump and haul waste. Also, the cost to install the preventative
measures the owner is now installing.
6) Whether the violation was committed willfully or intentionally;
Unknown. Staff from the Wilmington regional Office received a complaint of pumping on
saturated fields on January 27, 2016, at this farm. Animal waste was ponded in the fields and
running off at the time Regional staff arrived onsite the following day. Also, in the owners NOV
rev 1.0 - 8.31.09

response letter, it is explained that an employee at the farm, "...neglected to perform his
monitoring duties. He was terminated as a result of that failure."
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
July 2014 NOV Civil Penalty — Excessive ponding and runoff, waste application on field without
vegetative cover and failure to notify DWR.
8) The cost to the State of the enforcement procedures.
The State's enforcement costs totaled $884.54, as follows:
Staff
8 hours @ $26.28/hour
$210.24
Staff
4 hours @ $32.55/hour
$130.20
Samples
4 Samples Sets @ $125.00/sample
$500.00
Mileage
90 miles @ $0.49/mile
$44.10
Total
$884.54
0S
Dat
,,_a llgttll —
rvisor Nam
rev 1.0 - 8.31.09

Powell, David C
From:
Farnell, John
Sent:
Monday, March 21, 2016 7:23 AM
To:
Powell, David Q Gregson, Jim
Subject:
FW. Raccoon Farm, NOV-2016-DV-0047, Bandit 3 LLC, response
Attachments:
Bandit 3 response 03202016.pdf
From: Robbie Montgomery [mailto:[e-mail]
Sent: Monday, March 21, 2016 6:58 AM
To: Garoma, Miressa <[e-mail]>, Farnell, John <[e-mail]>
Subject: Raccoon Farm, NOV-2016--DV-0047, Bandit 3 LLC, response
Mixessa/John,
Attached please find my response to the NOV incident that occurred on Jan 28, 2016 at Raccoon Farm in
Pender County. If there are others I should send this response to, please let me know.
If there are questions, please give me a call.
Thanks,
-Robbie
910-260-1633

3/20/2016
RE: Bandit 3, LLC
Raccoon Farm
NOV 2016—DV•0047
Raccoon Farm No. 71-6, Permit AWS710006
Pender County
Dear Division of Water Resources, NCDENR,
This letter Is In response to the events that occurred on January 28, 2016 at Raccoon Farm in Pender
County.
As you are aware, we have been through an unprecedented period of rainfall In Southeastern North
Carolina. That chronic rainfall period, along with the generally heavy soil types in the Northwestern part
of Pender County have made this a very trying year. The regular and seemingly continuous rainfall
saturated our fields and filled our lagoons.
In specific regards to the situation on January 28, 2016, first, let me say that we deeply regret allowing
wastewater from our operation to leave our property and enter into the waters of the state. We consider
this an ultimate failure of our management.
With regards to the ponding, we ask that you consider this unprecedented weather pattern. This has
been the wettest six month period in recorded history.
With regards to failure to notify, we are confused as to this violation charge. You suggest that we were
to notify the Division Regional Office. However, as your letter states, it was staff from the Wilmington
Regional Office that first noticed the discharge. Could you please clarify what further communication you
believe was prudent?
In terms of corrective actions, we have taken several actions to ensure that we do not repeat this situation
In the future.
• Because this land is heavy land that tends to stay wet or saturated much longer than normal farm
sites, we have cleaned out the ditches an the farm to allow for more normal drainage. This will
help to avoid future ponding situations and it will help avoid high lagoon levels. In the future. We
Invested approximately $8,000 for the ditching.
• Our policy has been for personnel to use an ATV to monitor the sprayfields and ditches. On that
particular day, our employee neglected to perform his monitoring duties, He was terminated as
a result of that failure.
• We are adding slam gates to three critical control points on the farm. In the future, we will close
those gates while pumping to ensure that we have no Inadvertent discharges off of the property.
The installation of slam gates, along with the related dirt work, is approximately $4,000
• The faulty rlser, which was found to be cause of the discharge, has been replaced.

3/20/2016
Page 2
Again, we apologize for the discharge. We will work hard to avoid that from ever happening again.
We are thankful and grateful for the professional demeanor of Mr. John Farnell and Mr.. Sam Edwards.
They were helpful and professional In addressing their findings on that date.
Sincerely,
Robbie Montgomery
Bandit 3, LLC -Partner
PO Box 1678
Clinton NC, 28329

Powell, David C
From: Robbie Montgomery <[e-mail]>
Sent: Friday, May 27, 201610:11 AM
To: Powell, David C
Subject: Fwd: pender county press
Attachments: raccoon farm.pdf
David, .
Here is what I sent the Topsail Post & Voice in Ponder county on Jan 29th. I also emailed this to John Famell
on Jan 29 so that he had a copy, so you guys actually already have this in your files.
-Robbie
910-260-1633
---------- Forwarded message ----------
From: Robbie Montgomery <robbiemontgomervC grgail.com>
Date: Fri, Jan 29, 2016 at 9:29 AM
Subject: pender county press
To: [e-mail]
This notice was required by NC General Statues Article 21 Chapter 143.21 S.C.

me
NOTICE OF DISCHARGE OF UNTREATED WASTE
The Raccoon Farm, located at 1067 Raccoon Rd., Willard, NC and owned by Bandit 3, LLC, had a
discharge of 10,000 gallons of untreated wastewater originating From a land application event on the
farm. The discharge occurred on January 27, 2015 and was discovered at approximately 2prn on January
28, 2015. The wastewater entered an unnamed tributary of Sills Creek Containment efforts began
Immediately upon discovery. A portion of the discharged wastewater was contained and applied to
surrounding cropland. This notice was required by North Carolina General Statutes Article 21 Chapter
143.215.C.

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PS Form 3800. August 2006
See Reverse for instructions
C

Water Resources
ENVIRONMENTAL. GLJ/,LITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 9008
Bandit 3, LLC
Raccoon Farm
5331 Five Bridge Road
Clinton, North Carolina 28328
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
February 19, 2016 U,rrcri»
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2016-DV-0047
Administrative Code 15A NCAC 2T .1304
Raccoon Farm No. 71 - 6, Permit No, AWS710006
Ponder County
Dear Bandit 3, LLC:
On January 28, 2016, staff of the NC Division of Water Resources (DWR) Wilmington Regional Office (WIRO)
inspected the Raccoon Farm and the permitted waste management system. We wish to -thank Carlos Cruz for being
present and assisting us with the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have -a non -discharge permit for
the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
A WG 100000 as follows:
Violation 1:
Failure in prohibiting a discharge to surface waters of the State. Condition 1. (1) Any discharge of waste that reaches
surface waters or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and
regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state
waters.
On January 27, 2016, the Wilmington Regional Office (WIRO) received a complaint of pumping on saturated fields
at this facility. DWR staff inspected Raccoon Farm on January 28, 2016, and found possible discharged animal waste
in surface waters of Sills Creek. Samples were collected and pictures taken of the possible discharge in surface waters.
Violation 2:
Failure in maintaining land application rates that shall not result in excessive ponding or runoff during any given
application event in accordance with Condition II. 5 of the Swine Waste System General Permit No. AWG100000.
On January 28, 2016, staff inspected the land application field and observed animal waste ponding on the field and
running off the field into an adjacent ditch.
State of North Carolina I Department of l nvironmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Bandit 3, LLC Page 2 of 2
Facility 71-6
2/ 19/2016
Violation 3:
Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of any discharge to ditches, surface waters or wetlands in accordance with
Condition 111. 13 of the Swine Waste System General Permit No. AWG100000.
On January 28, 2016, staff from the Wilmington Regional Office had not been notified of non-compliance discharge
to unnamed tributary of Sills Creek or ponding within the twenty-four (24) hour time frame.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are required to provide a written response to this Notice by March 22, 2016. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, and/or a professional engineer for any assistance they may be able to provide.
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 take further action in this matter including
injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact John Farrell at [phone] or David Powell at
[phone].
Jim Greional
� � g Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resource,, NCDENR
cc: APS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 71-6
0:11 WQISHARED/ANNALSIPENDER12016171-6NOVREF

.�6
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
BANDIT 3 LLC
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
��I'���r1�r•IIjC'SIIILT
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
Quality and the Director of the Division of Water Resources (DWR), I, Jay Zimmerman, Director
of the Division of Water Resources, make the following:
1. FINDINGS OF FACT:
A. Bandit 3, LLC owns and operates Raccoon Farm, a swine animal operation located
Northwest of Penderlea, North Carolina on the west side of SR 1328 approximately 0.5
miles North of HWY 11 in Pender County.
B. Bandit 3, LLC was issued Certificate of Coverage AWS710006 under Swine Waste
Management System General Permit AWG100000 for Raccoon Farm on October
1, 2014, effective October 1, 2014, with an expiration date of September 30, 2019
for the operation of a swine waste collection, treatment, storage, and application
system.
C. On January 27, 2016, Wilmington regional Office (WIRO) received a complaint
of pumping on saturated fields at this facility.
D. During the January 28, 2016, DWR site Visit, staff from the (WIRO) discovered
approximately 10,000 gallons of swine waste ponding, running off and
discharging from irrigation fields into ditches, and then to surface waters of Sills
Creek.
E. Condition I. 1 of the Swine Waste System General Permit No. AWG100000
states in part that, "Any discharge of waste that reaches surface waters or
wetlands is prohibited."
F. On January 28, 2016, DWR staff inspected the irrigation fields and found animal
waste ponded and running off from the fields into a ditch on the property due to
hydraulic overload.

G. Condition II. 5 of the General Permit AWG100000 states in part that, "In no case
shall land application rates result in excessive ponding or any runoff during any
given application event."
H. A response to the Notice of Violation was received by WIRO on March 21, 2016.
I. The costs to the State of the enforcement procedures in this matter totaled
$884.54.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Bandit 3 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. The above -cited discharge to surface waters violated Condition I. 1.
of the Swine Waste System General Permit No. AWG100000.
D. The above -cited hydraulic overload caused animal waste to pond and runoff
which violated Condition Il. 5. of the Swine Waste System General Permit No.
AWG100000.
E. Bandit 3 LLC may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit required
by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Bandit 3 LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Section Chief of the Water Quality Regional Operation Section, pursuant to
delegation provided by the Secretary of the Department of Environment Quality
and the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Bandit 3 LLC, owner of Raccoon Farm, is hereby assessed a civil penalty
of:

$ for violating Condition I. 1.Of the Swine Waste System
General Permit No. AWG100000 by failing to prevent any
discharge of waste that reaches surface waters or wetlands.
for violating Condition II, 5. Of the Swine Waste System
General Permit No. AWG100000 by not irrigating at land
application rates which would not result in ponding or any
runoff.
TOTAL CIVIL PENALTY
$ $884.54 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G. S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Jay Zimmerman. Director
Water Quality Regional Operation Section
Division of Water Resources

INCIDENT SYNOPSIS — CASE NO: DV-2016-0060
ENFORCEMENT ACTION / CIVIL PENALTIES
FARM NAME: Raccoon Farm
VIOLATOR NAME: Bandit 3 LLC
COUNTY: Pender
January 27, 2016 — Complaint
WIRO received information on a complaint:
PERMIT NO: AWS710006
FACILITY NO: 71-06
OFFICE: WIRO
N WIRO Received call about pumping on saturated fields at this facility.
►► Called Sam Edwards with NCDA to visit farm since it was a Pilot Program
County.
January 28, 2016 -- Inspection
NCDA returned to facility:
►/ Sam Edwards returned to view farm and then contacted DWR for possible
ponding and discharging.
WIRO inspected the Raccoon Farm and found:
N Suspected animal waste was observed ponded, running off land application fields,
and discharging.
►► Samples were taken along with photos of the incident.
►► WIRO had received no notification.
PHOTO COMMENTS
PHOTO NO.
COMMENT
1
Ponding of fields at sample location 1.
2
Sample location 1.
3
Ponding in fields near sample location 2.
4
Sample location 2 .
5
Sample location 3.
6
Sample location 4.
7
Lagoon freeboard marker.
MAP 1
Map of Raccoon farm and sample/picture
locations and waterway.
All samples were delivered to Environmental Chemists, Inc. in Wilmington, NC at 5:50 pm on
January 28, 2016. All the samples were analyzed for Fecal Coliform and Total Nitrogen. The
sample results are as follows:
Raccoon Farm
71-06

Sample ID
Fecal Coliform
(colonies1100 mL)
Total Nitrogen
(mg/L)
Sample 1
> 120,000
85.8
Sample 2
54,000
110
Sample 3
26,000
24.7
Sample 4
12,000
7.1
February 19, 2016 — NOV Enforcement
A NOV with Recommendation for Enforcement was issued February 19, 2016 citing three
violations:
1. Failure to prohibit a discharge to surface waters of the State in accordance with Condition
I.I. of the Swine Waste System General Permit No. AWG100000.
2. Failure to irrigate at land application rates which would not result in excessive ponding or
any runoff in accordance with Condition II. 5. of the Swine Waste System General Permit
No. AWG 100000.
Response to NOV
Bandit 3 LLC's response to the NOV was:
N A letter was received by WIRO on March 21, 2016.
July 2014 NOV Civil Penalty — Excessive ponding and runoff, waste application on field without
vegetative cover and failure to notify DWR.
Raccoon Farm
71-06

I
u
Type of Visit: Q'Compliance Inspection U Operation Review Q Structure Evaluation Q Technical Assistance
Reason for Visit: O Routine umplaint Q Follow-up O Referral O Emergency O Other O Denied Access
Date of Visit: 2 ! Arrival Time: r• Departure Time: 5' j 0 County: PC ^ AI"' Region:
Farm Name: + `a C 4L Ore^
Owner Name: �,`c n { A �` e
Mailing Address:
Physical Address:
Facility Contact:
Onsite Representative:
Certified Operator: _
Back-up Operator:
Location of Farm:
Title:
CC,tr If> s C r'_z
Owner Email:
Phone:
Phone: -
Integrator:
Certification Number:
Certification Number:
Latitude: Longitude:
Swine
Wean to Finish
Design
Capacity
Current Design Current Dcsign Current
Pop. Wet Poultry C*apacity Pop. Cattle Capacity Pop.
La er Dairy Cow
Wean to Feeder
Non -Layer
Dairy Calf
Feeder to Finish
Dairy heifer
Farrow to Wean
Farrow to Feeder
Design lDrvCow
aeit P,o , Non -Dairy
Farrow to Finish
Layers
Beef Stocker
Gilts
Non -La ers
Beef Feeder
Boars
1pullets
Beef Brood Cow
Other
Other
Turke s
Turkey Poults
Other
Discharges and Stream Impacts
L Is any discharge observed from any part of the operatio ?
Yes
❑ No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ;Aprplication Field ❑ Other:
a. Was the conveyance man-made?
❑ Yes
E3"'No
❑ NA
❑ NE
h. Did the discharge reach waters of the State? (If yes, notify DWR)
es
❑ No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
10 00
a It�n S
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
El Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
0 No
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
❑ Yes
Q<o
❑ NA
❑ NE
of the State other than from a discharge?
Page 1 of 3 21412015 Continued

Facility Number: - o il Date of Inspection: z
Waste Collection & Treatment
Yes
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
2]
❑ No
❑ NA
❑ NE
a. If yes, is waste level into the structural freeboard?
❑ Yes
No
❑ NA
❑ NE
Structure I Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): i I
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
E3"No
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
❑ Yes
02'No
❑ NA
❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health
or environmental
threat,
notify DWR
7. Do any of the structures need maintenance or improvement?
❑ Yes
[2/No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
Yes
[—]No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
ONo
❑ NA
❑ NE
maintenance or improvement?
Is there evidence of incorrect land application? If yes, check the appropriate box below.
116zssive
Yes
❑ No
❑ NA
❑ NE
Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge
into
Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
[]Yes
❑ No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA
DIN I E
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ Yes
❑ No
❑ NA
[D NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA
Ej NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No
❑ NA
D<E
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
❑ No
[] NA
E
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
❑ No
❑ NA
�E
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements
❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ NA
DNE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis
❑ Waste Transfers
❑ Weather
Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1 " Rainfall
Inspections
❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
[] Yes
❑ No
❑ NA
ZrNE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
[] Yes
[] No
❑ NA
NE
Page 2 of 3 21412015 Continued

Facili • Number: ?( jDate of Inspection: F>"
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes ❑ No ❑ NA [' EE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check
❑ Yes ❑ No ❑ NA
the appropriate box(es) below.
❑ Failure to complete annual sludge survey [] Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge?
❑ Yes ❑ No ❑ NA E _NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
❑ Yes ❑ No D-14A ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
�-��
❑ Yes ❑ No El NA E-,K
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
[]Yes ❑ No ❑ NA E] NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
Yes ❑ No ❑ NA ❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
3 I. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Yes ❑ No ❑ NA 4E NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes ❑ No ❑ NA ✓ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes _52-1�o ❑ NA ❑ NE
34. Does the facility require a follow-up visit by the same agency?
Yes ❑ No ❑ NA ❑ NE
Conimeats;;(refersto�questton=,#) Explainany , YES. answers.and/or;,any;additional,recommendations or any other comments.'-
F
Use drawings of.facilitytokietter. explain srtuat�ans�(useaddihnnal=, agesas;necessary)..
_7, �, F'_�>1C A Qu 1-1 C4 �V't (l
ru y f ,•~ � a t� • �')n
i`� �- 5 r ��` �•' �� rs� r J
d ri T G k= S 60
�{ oL.� \f. �.o l`l C s✓l c �T, s f - n4- 1qr-1 I(VC 170 L_"
`� v Sri / C f 4 C • I L `� r- f 7'4 'T C �1 ` 5 1r�c f 5 5't
jln c }-:0.1• 11rG 0!i- <<ss• s� tl � ��Fr� 1��'rfl Ca •- fr'S o�,
5 &_ ( S k s�•�C7t*-Cl
�q�YJ�"L' fl.pn'T3(�/u�. ab"K� 5�/'1r�c��,bn, SK�'�S �a/Tc►, �� �i�u'r�roC�e"`
1 p s C iµ ff'anS �p s
1 ec fN.i ., ti bnTofG (AIL ,r1�^� r r -Til,n
7i
IC-4 k IrL � c, nn !✓ !\� a LOk '� nen [7
30, n,.,(I1+anLG. �!►-1 d pn L-e-I / l
>'�— W � l rt rp 14 A �� 19 79 G 7 3,9
IV o V y D 1 e L e r+� �-e., G t !v o rt f 7"�T I /� -�o r(P rv-e.+)'.
Reviewer/Inspector Name: 00V i f' j_z 1 Z-j o i` '� �—" ter' ` Phone: �n 7 �139 y
Reviewer/Inspector Signature: 1�1 Date: 2
Page 3 of 3 21412015

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bandit 3 LLC
Raccoon Farm
5331 Five Bridge Rd
Clinton, NC28328-8328
Dear Permittee,
January 27, 2015
Donald R. van der Vaart
Secretary
FEB 12 2015
BY: dW(_ tv ir
Subject: Notice of Deficiency
Raccoon Farm
Permit Number: AWS710006
Pender County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The followiniz invoices are outstandinfz:
Invoice Number
Due Date
utstandin Fee $
2014PR005603
8/9/2014
f7!360
Failure to pay the, fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may
issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: 'Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699.1636
Phone: [phone]Internet: http:llwww.ncwater.org .
An Equal Opportunity V Affirmative Aclion Employer — Made in part by recycled paper

If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
04�t-3.
Debra .I. Watts, Supervis r
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Wilmington Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS710006)

Als
Ar VA
k�
NCDENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
Bandit 3, LLC
5331 Five Bridge Road
Clinton, North Carolina 28328
Dear Bandit 3, LLC:
t'l
Resources
Donald R. van der Vaart
EC E NVE ecretary
V" FEB 0 4 205
February 3, 2015 11
BY:
RE: J Payment Schedule for Civil Penalty
File No.: PC-2014-0007
File No.: PC-2014-0008
Pen -nit #s: AWS710006 & AWS710012
Pender County
This letter is to acknowledge receipt of your. Check Number 8936 in the amount of $900.26
on February 3, 2015, Your next payment of $850.00 should be made payable to DWR before
March 1, 2015. The total balance of the penalty is $9350.00.
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,
Al;aj
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS-Wilmington Regional Office
File # PC-2014-0007
File # PC-2014-0008
WQROS Central Files (AWS710006)
WQROS Central Files (AWS710012)
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: 91M07-64641 Internet: http://www.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer — Made an part by recycled paper

Water Resources
ENVI;tONMENTA1. Go,4LI i 1
February 17, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 9213
Bandit 3 LLC
5331 Five Bridge Rd
Clinton, NC 28328
ROY COOPER
covernot
MICHAEL S. REGAN
Secrefcrr;
S. JAY ZIMMERMAN
Direcloll
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0109
Administrative Code 15A NCAC 2T .1304
Raccoon Farm 71-06, Permit No. AWS710006
Pender County
Dear Bandit 3 LLC:
Upon review of Plan of Action records by staff from the Wilmington Regional Office (W1RO) of the Division of
Water Resources (DWR), it was determined that this facility was not in compliance in regards to maintaining the
waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. We wish
to thank you for your cooperation and sending these records.
As a result of this correspondence, you are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in
violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit
No. AWG100000 as follows:
Violation I:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level 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 except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-
year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and there is at least one (1) foot of structural
freeboard, in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000.
j On the dates of October 10, 2016, DWR staff received a Plan of Action indicating the waste level/freeboard in the
lagoon to be at Thirteen (13) inches. On, November 28, 2016, DWR staff received a Plan of Action indicating the
waste level/freeboard in the lagoon to be at Thirteen (13) inches. On, December 12, 2016, DWR staff received a
Plan of Action indicating the waste level/freeboard in the lagoon to be at Ten and half (10.5) inches. On, January
20, 2017, DWR staff received a Plan of Action indicating the waste level/freeboard in the lagoon to be at Ten and
half (10.5) inches.
�Nothing Compares—%,
State oFNorth Carolina I Environmental Quality t Water Resources
512 N. Salisbury Street 1 1612 Mail Service Center � Raleigh, NC 27699-1612
919 807 6464

Page 2 of Z
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are required to provide a written response to this Notice by March 31, 2017. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, and/or a professional engineer for any assistance they may be able to provide.
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 take further action in this matter including
injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact me at [phone].
y
Jim Gregson, o al Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
- Kraig Westerbeek. Murphy Brown LLC
DWR Wilmington Animal Files 71-06
0:11 WQISHARED/ANIMALSICOLUMBUS12016171-06NOVREF
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NCDENR. DWO CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729
COLLECTION AND CHAIN OF CUSTODY
6602 Windmill Way Wilmington, NC 28405
OFFICE: 910-392-0223 FAX [phone]
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APS Case Number: EC County: EWder
Assessed Party: Bandit 3. LLC
Permit No.: ,AWS710006 Amount assessed: $5025.13
Please use this form when requesting remission of this civil penalty. You must also complete the
"lRemrrest .For Remisiton. Waiver of Right to, gn Adm ftg Hearing 04 fty&ffo off'
Facts ", form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for'the Director to consider in determining
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violations) occurred or the accuracy of any of the factual statements
contained in thie civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of
a"civil penaltymay'Wgritted'*hed,one or moiO'of'ilie'folldwing-five f ewis applies: Please -
.check check each factor that you believe applies to your can and provide a detailed explanation,
including canes of supporting documents, as to why the factor applies (attach additional pages
as needed).,
(a) onmr inon"Me.gm! pogily assessment boomMOS 143B-2 2.
wronafs& mlied to the detriment of the tuner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty
assessment document);
(b) the violator pr�p& abated cantiuui environmental damage r@mjtWg fmm the
violation (Le., explain the steps that you took to coneet the violation and prevent
. fut�ere occurrences); '
(c) the violation was inadvertent or a result of-aa accident (i.e., eVlain 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) navment of the civil nemlty will MM%9 gaMgnt for the remaining rtecess EY
om dial actions 0.a, explain how payment bf the civil penalty will prevent you
from performing the activities ntecessmy to achieve compliance). '
\R m. req.

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2014-0008 Region: Wilmington County: Pender
Assessed Entity: Bandit 3, LLC Permit: AWS710006
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
Thomas A. Reeder Date
rcv 1,0-8.31.09

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2014-0008 Region: Wilmington
Assessed Entity: Bandit 3, LLC
County: Pender
Permit: AWS710006
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
When reviewing the level of fines while the enforcement was being developed, the amount of money and other
activities that the farm owner accomplished had been part of the consideration. The response to the violations
by the farm owner was at a minimum needed to get the farm site back into compliance.
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The assessments were at levels of fines for first time violators based off other enforcements from the
Wilmington Regional Office.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
Thomas A. Reeder
Date
rev 1.0 — 8.31.09

RE: Penalty for Crooked Run Farm: $5,225.13
RE: Penalty for Raccoon Farm: $5,025.13
Many things have changed since the Feb 2014 incident at Crooked Run Farm and Raccoon Farm, The
events that led to the NOVs and fines were a result of mismanagement. The unfortunate situation has
proven costly, but most importantly have forced the partners to better understand the keys to
environmental sustainability. After reading about where we are today, the costs we've incurred, and
the changes we've made and plan to make, I'd ask that you please consider waiving the penalties for
both Crooked Run and Raccoon farms. We understand the reason for these penalties and we feel we
have demonstrated our understanding by changing the way we do things as well as Incurring excessive
clean-up costs. Paying these fines would impede our ability to Improve our farms with our planned
investments. We ask that you please keep this in mind as you make any final assessments.
I'd like to first point out that today both farms (Crooked Run and Raccoon) are at respectable, legal
lagoon levels. Our focus on managing our lagoons have yielded exceptional crops —our crop rotation
plans are in place and underway. I was excited to visit with John College and John Farnell 6 weeks ago at
the farms to boast our improvements - they found things to be in order and in compliance.
Costs:
As a result of the events In Feb we have spent $28,591. The majority of this was spent on
pumping/hauiing/aerwaying/spraying water from both the lagoons and the field ditches as part of the
overall cleanup effort. The balance was spent towards overseed for the land that did not have a crop
planted during this incident. We planted wheat in March to comply with pumping/planting DWQ
guidelines.
Changes:
The farm staff at the time of the incident in Feb Is no longer employed by Bandit 3 LLC. We have
replaced the staff with employees who have pumping experience — we also have reassigned our named
OIC. Further, the farm land has been rented and a standard crop rotation of wheat/corn/soybean Is in
place to maximize waste utilization. Our new staff and OIC are very engaged with our waste
management plan and goals.
Future plans:
To improve drainage we have plans to clean out all field ditches. This will be done all crop land 40 acres
at Crooked Run and 134 acres at Raccoon. We are also planning to work a deal with Walter Strickland
who Currently owns 40 acres adjacent to Crooked Run — the deal would include renting or buying the
land. Those acres would then be part of our pumping plan. And finally we have plans to invest In
aerwaying behind corn before wheat to further Improve our lagoon levels and our soil for the crops.
We are excited to be farmers and with these new plans in place we look forward to many more years to
come.
Respectfully,
-Robbie Montgomery, Managing Partner/Co-Owner
On behalf of Bandit 3 LLC

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 27, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008-1140-0002-9558-8752
Bandit 3, LLC
Raccoon Farm
5331 Five Bridge Road
Clinton, North Carolina 28328
John E. Skvarla, III
Secretary
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2014-PC-0077
Administrative Code 15A NCAC 2T .1304
Raccoon Farm No. 71 - 6, Permit No. AWS710006
Pender County
Dear Bandit 3, LLC;
On March 6, 2014, staff of the NC Division of Water Resources (DWR) inspected the Raccoon Farm and the
permitted waste management system.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste
System General Permit No. AWG100000 as follows:
Violation 1:
Failure in maintaining land application rates that shall not result in excessive ponding or runoff during any
given application event in accordance with Condition 11. 5 of the Swine Waste System General Permit No.
A WG 100000.
On March 5 and 6, 2014, staff inspected the land application field and observed animal waste ponding on the
field and running off the field into an adjacent ditch.
Violation 2:
Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and
buffers in accordance with Condition IL 2 of the Swine Waste System General Permit No. A WG 100000.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] Internet: www.ncdenr gov
An Equal Opportunily', Aftirmalive Action Ernployar - Made in parl by recycled paper

On March 6, 2014, staff inspected land application fields and found no signs of crops to allow proper
removal of waste during the winter crop window.
Violation 3:
Failure in having an Operator in Charge (OIC) or person under the supervision of an OIC inspect the land
site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP in
accordance with Condition 11. 17 of the Swine Waste System General Permit No. AWG100000.
On March 6, 2014, staff inspected the land application field and found that animal waste had not been
applied according to the CAWMP.
Violation 4:
Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than
twenty-four (24) hours following first knowledge of any discharge to ditches in accordance with Condition
III. 13a of the Swine Waste System General Permit No. AWGI00000.
On March 6, 2014, staff from the Wilmington Regional Office had not been notified of non-compliance
discharge or ponding within the twenty-four (24) hour time frame.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from
occurring again.
You are required to provide a written response to this Notice by May 1, 2014. please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension
office, a qualified technical specialist, and/or a professional engineer for any assistance they may be
able to provide.
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 take further action in this matter including injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact John Farrell at [phone].
l_. GITr..
Jim rregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR

cc: APS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 71-6
G:\1WQ\SHAREDIANIMALS\PENDER\2014\71-6NOVPEF

A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skva6, III
Governor Secretary
July 8, 2014
CERTIFIED MAIL - #7010 0780 0001 7057 3651
RETURN RECEIPT REQUESTED
Bandit 3, LLC
Raccoon Farm
5331 Five Bridge Road
Clinton, North Carolina 28328
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-2 15.1
Farm # 71-0006
Pender County
Enforcement File No. PC-2014-0008
Dear Bandit 3, LLC:
This letter transmits notice of a civil penalty assessed against Bandit 3, LLC in the amount of $4000.00,
and $1025.13 in investigative costs, for a total of $5025.13. 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 Resources.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: htti)://www.ncdenr.gov/
ECEiVE
JUL 10 2014
BY:
An Equal Opportuno 1 Affirmative Action Employer— Made in part by recycled paper

r
Assessment of civil penalty
Bandit 3, LLC
Enforcement # PC-2014-0008
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Pacts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted
to the following address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. - File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition. for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30)

1
TV
Assessment of civil penalty
Bandit 3, LLC
Enforcement # PC-2014-0008
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with
restrictions), - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by
NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact the Office of Administrative Hearings
with all questions regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and fax numbers for the Office of Administrative Hearings are as follows;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
S. J Z' erman, P.G., Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Jim Gregson, Wilmington WQROS Regional Supervisor w/ attachments
File # PC-2014-0008 w/ attachments
WQROS Central Files w/ attachments
Pender County Health Department

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STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF )
BANDIT 3, LLC }
}
}
FOR VIOLATIONS OF SWINE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG100000 }
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
E IVE
FILE NO. PC-2014-0008 JUL i Q 2014
BY.
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Envirorunent and Natural
Resources and the Director of the Division of Water Resources (DWR), I, S. Jay Zimmerman, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
FINDINGS OF FACT:
A. Bandit 3, LLC is a corporation organized and existing under the laws of the State of North
Carolina.
B. Bandit 3, LLC own and operate Raccoon Farm, a permitted swine operation in Pender County.
C. Bandit 3, LLC was issued Certificate of Coverage AWS710006 by DWR, under General Permit
AWG100000 for Raccoon Farm on May 16, 2012, effective upon issuance, with an expiration
date of September 30, 2014.
D. Condition No. 1I. 2 of the General Permit AWG100000 states in part that "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 or upon areas where the crop is insufficient for nutrient utilization."
E. Condition II. 5 of the General Permit AWG100000 states in part that, "In no case shall land
application rates result in excessive ponding or any runoff during any given application event."
F. Condition IL 17 of the General Permit AWG100000 states in part that, "the 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."
G. Condition Ill. 13a of the General Permit AWG100000 states in part that, "The Permitte shall
report by telephone to the appropriate Division Regional Office as soon as possible, but in no
case more that twenty-four (24) hours following first knowledge of the occurrence of any of the
following events: Any discharge to ditches, surface waters or wetlands."

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r
H. On March 4, 2014, DWR staff from Wilmington Regional Office received a complaint regarding
an irrigation event. at Raccoon Farm that animal waste was being irrigated onto saturated fields.
DWR and Division of Soil and Water Conservation (DSWC) staff visited the facility on March
5, 2014 and March 6, 2014 and observed excessive wastewater ponding and runoff from a spray
field into an adjacent ditch. Land application field was observed having no signs of crops to
allow proper removal of animal waste. The land application site was not properly inspected to
insure that the animal waste is land applied in accordance with the facility's CAWMP. Staff
from the Wilmington Regional Office had not been notified of non-compliance discharge or
excessive ponding within the twenty-four (24) hour time frame.
1. On March 27, 2014, DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI)
to Bandit 3, LLC identifying violations of General Permit No. AWG100000. The violations
include failure to prevent excessive ponding & runoff, failure to maintain vegetative cover,
failure to inspect land application site according to CAWMP, and failure to notify DWR the non-
compliance event.
The cost to the State of the enforcement procedures in this matter totaled $1025.13.
Based upon the above Findings of Fact, 1 make the following:
It. CONCLUSIONS OF LAW:
A. Bandit 3, LLC, is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above -cited failure to maintain adequate vegetative cover violated Condition No. 11.2. of the
General Permit AWG100000.
D. The above -cited failure to prevent excessive ponding and runoff violated Condition No. 1I. 5 of
the General Permit AWG100000.
E. The above -cited failure to properly inspect the land application site to insure that the animal
waste is land applied in accordance with the CAWMP violated Condition No. 11.17. of the
General Permit AWG100000.
F. The above -cited failure to provide notification to the regional office violated Condition No.
Ill. 13.a. of the General Permit AWG100000.
G. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
H. N.C.G.S. 143-2153(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.

1. The Chief of the Water Quality Regional Operations, Division of Water Resources, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Resources, 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, Bandit 3, LLC, is hereby assessed a civil penalty of:
$ For violating Condition No. II.2., of the General Permit AWG100000 for failure
to maintain vegetative cover as specified in the facility's CAWMP.
$/ow=&J2 For violating Condition No. II. 5. of the General Permit AWG100000 for failure
to properly irrigate wastewater, resulting in excessive ponding and runoff.
For violating Condition No. I1.17. of the General Permit AWG 100000 for failure
to properly inspect the land application site to, insure that the animal waste is
land applied in accordance with the CAWMP.
$ For violating Condition III.13.a. of the General Permit AWG100000 for failing
to report by telephone to the appropriate Regional Office as soon as possible, but
in no case more than 24 hours following first knowledge of the occurrence of
wastewater discharge to a ditch.
$ A004 0,0 TOTAL CIVIL PENALTY which is Z6 percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$ 1025.13 Enforcement costs
$ , / TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.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 cost to the State of the enforcement procedures.

W. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet .been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Bandit 3, LLC, in
accordance with N.C.G.S. 143-215.6(A)(d).
( ate) S. rman, P.G., Chief
Water uality Regional Operations Section
Division of Water Resources

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator:
County:
Case Number:
Permit Number:
Bandit 3. LLC
Pender
PC-2014-0008
AWS710006
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation; �,�� XA�
.:._ ,�..y,o cal.cco/�d.►••_�..[�,r cc.w-rt .w..da .wed
2) The duration and gravity of the violation;��
GJ� f
siJ ss .d�yso
6oe
iCae u L�.� ,/// oCfI �s
�` e ce ".jw ct.,e-".g ",QC& /V
3) e The effect on ground or surface water
rr-quaty or gd'ality or on air quality;
�j ,�ue.�•'� r.�a--ram. �i �� �-�~� �J/� j �-••� `� �•�O�'
4) e cii— ost 8f rectifying the damage;
7-404 XW 114e A4Ak4 4 4V "eY,e Av da'o &4
cod uxt--,k a 4 llad�/o
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
t76
7} Th rior recur of he vinimply" ing oling to comply with programs over which the
Environmental Management Commission has regulatory authority; and
No'e 07 04--te�
8) The cost to the State of the enforcement procedures.
$1025.13
7 =_
Date 0 pervisor Name
t, .
rev 1.0 - 8.31.09

INCIDENT SYNOPSIS - CASE NO: NOV-2014-PC-0077
ENFORCEMENT ACTION / CIVIL PENALTIES
FARM NAME: Raccoon Farm PERMIT NO: AWS710006
VIOLATOR NAME: Bandit 3, LLC FACILITY NO: 71-006
COUNTY: Pender OFFICE: WIRO
March 4, 2014 — Complaint
On March 4, 2014, the WIRO received a complaint that animal waste was being irrigated onto
saturated fields. The Division of Water Resources and The Division of Soil and Water first
inspected the site on March 5, 2014 and returned on March 6, 2014 to take samples and pictures.
March S, 2014 and March 6, 2014 - Inspection
WIRO inspected the Raccoon farm and found:
/1 Lagoon freeboard level was at 24 inches on March 6, 2014 photo of lagoon
// On March 5, 2014 fields in front of hog houses were barren of a vegetative cover
and had ponding and saturation issues.
►► Field ditches located in front of hog houses had animal waste run off from
ponding issues in land application fields.
►► Sample taken from area in land application field containing large volume of
animal waste.
N Sample taken from ditch beside land application field and farm road.
PHOTO COMMENTS
PHOTO NO.
COMMEMT
1 - 4
Ponding. on land application fields without vegetative cover
5 - 7
Field ditches with animal waste
8
Sample I taken from ponding on field
9
Sample 2 taken from ditch running beside road leading to
hog houses
10
]Lagoon freeboard level of approximately 24 inches
All samples were delivered to Environmental Chemists, Inc. in Wilmington, NC at 2:40 pm on
March 6, 2014. All the samples were analyzed for Fecal Coliform and Total Nitrogen. The
sample results are as follows:
Sample ID
Fecal Coliform
colonies/100 mL
Total Nitrogen
m /L
Sample 1
1710
77.9
Sample 2
1640
30.1
It Raccoon Farrn
71-006

March 7, 2014 — Requested by Robbie Montgomery Follow un
A follow up visit was conducted by John Farnell, Jim Gregson, John College, Joe Szaloky and
Robbie Montgomery on March 7, 2014 at 1:00 pm within the WIRO.
March 13, 2014 — Follow up
Inspection report was delivered to Mr. Robbie Montgomery at his work location on March 13,
2014.
March 27, 2014 - NOV
A NOV was issued March 27, 2014 citing four violations:
1. Land application field had animal waste ponding and running off into an adjacent ditch.
2. Land application field had no signs of crops to allow proper removal.
3. Land application field had waste being applied not according to the CAWMP
4. Staff from the Wilmington Regional Office had not been notified of non-compliance
discharge or ponding within the twenty-four (24) hour time frame.
April 8 2014 - Response to NOV
Bandit 3, LLC response to the NOV was:
N Mr. Robbie Montgomery did not disagree with the ponding and run off of waste from the
field. Actions were taken to contain and return waste to the lagoon. The employment of
the operator at the time has been terminated for his mismanagement of the application
system.
// Mr. Robbie Montgomery did not disagree with not establishing a crop. Plans were to
plant an appropriate crop within 30 days and wheat has been planted in that time frame.
Arrangements have been made for different farming crew to do all planting.
/1 As previously stated employee responsible for the application has been terminated and a
new OIC along with appropriate paperwork already put into employment.
1/ Mr. Robbie Montgomery did not disagree with failure to notify the WIRO and states that
new management structure will prevent re -occurrence of this issue.
PREVIOUS VIOLATIONS AND PENALTIES
There are no violations for Bandit 3, LLC at this farm.
Raccoon Farm
71-006 2

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
BANDIT 3, LLC
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. NOV-2014-PC-0077
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Resources (DWR), I, Jay Zimmerman,
Section Chief of the Water Quality Regional Operation Section, make the following:
FINDINGS OF FACT:
A. Bandit 3, LLC owns and operates Raccoon Farm, a swine animal operation located
Northwest of Penderlea, North Carolina on the west side of SR 1328 in Pender County.
B. Bandit 3, LLC was issued Certificate of Coverage AWS710006 under Swine Waste
Management System General Permit AWG 100000 for Raccoon Farm on May 16, 2012,
effective May 16, 2012, with an expiration date of September 30, 2014 for the operation
of a swine waste collection, treatment, storage, and application system.
C. During the March 6, 2014 DWR site visit, a land application field was observed to have
animal waste ponding and running off the field into an adjacent ditch. Bandit 3, LLC
response on April 8, 2014 does not disagree with inspector's observations.
D. Condition 1I. 5 of the General Permit AWG 100000 states in part that, "In no case shall
land application rates result in excessive ponding or any runoff during any given
application event."
E. During the March 6, 2014 DWR site visit, a land application field was observed having
no signs of crops to allow proper removal of animal waste.
F. Condition I1. 2 of the General Permit AWG 100000 states in part that, "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."
G. During the March 6, 2014 DWR site visit, a land application field was observed to have
animal waste applied in a manner not according to the CAWMP.
H. Condition I1. 17 of the General Permit AWG 100000 states in part that, "the 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."
I. During the March 6, 2014 DWR site visit, staff from the Wilmington Regional Office had
not been notified of non-compliance discharge or ponding within the twenty-four (24)
hour time frame.
J. Condition Ill. 13a of the General Permit AWG100000 states in part that, "The Permitte
shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more that twenty-four (24) hours following first knowledge of the
occurrence of any of the following events: Any discharge to ditches, surface waters or
wetlands."
K. The costs to the State of the enforcement procedures in this matter totaled $1025.13.
Based upon the above Findings of Fact, I make the following:
If. CONCLUSIONS OF LAW:
A. Bandit 3, 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. The above -cited poriding and run off of animal waste into an adjacent ditch violated
Condition II. 5 of the General Permit,
D. The above -cited land application field without vegetative cover violated Condition II. 2
of the General Permit.
E. The above -cited land application field had animal waste not applied according to the
CAWMP violated Condition II. 17 of the General Permit.
F. The above -cited absence of notification of non-compliance violated Condition III, 13a of
the General Permit.
G. Bandit 3, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
per violation may be assessed against a person who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit required by G.S. 143-215.1.
H. The State's enforcement costs in this matter may be assessed against Bandit 3, LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
I. The Section Chief of the Water Quality Regional Operation Section, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Resources, has the authority to
assess civil penalties in this matter.

Based upon the above Findings of Facts and Conclusions of Law, I mace the following:
III. DECISION:
Accordingly, Bandit 3, LLC, owner of Raccoon Farm, is hereby assessed a civil penalty of:
for violating Condition No. 11. 5 of the General Permit
AWG 100000 by ponding and run off of animal waste
for violating Condition No. 11. 2 of the General Permit
AWG 100000 for application field without vegetative cover
for violating Condition No. 11. 17 of the General Permit
AWG 100000 for animal waste not applied according to
CAWMP
for violating Condition No. 111. 13a of the General Permit
AWG 100000 for not notifying of non-compliance
$ TOTAL CIVIL PENALTY
$ 1025.13 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G. S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Jay Zimmerman. Section Chief
Water Quality Regional Operation Section
Division of Water Resources

ALTA
NCDENR
North Carolina Department of Environment and Natural Resources
Pal McCrory
Governor
May 21, 2014
MEMORANDUM
TO: Christine Lawson, Acting Supervisor
Animal Feeding Operations Permitting and Compliance Unit
FROM: John Farnell, Environmental Engineer 1
Wilmington Regional Office
THROUGH: Jim Gregson, Environmental Program Supervisor III
Wilmington Regional Office
SUBJECT: Enforcement Report
Bandit 3, LLC
Raccoon Farm
Facility Number: 71-006
Pender County
John E. Skvarla, III
Secretary
Please find attached the subject enforcement report, which concludes that Bandit 3, LLC violated
Condition No. 1I. 5 of the General Permit AWG 100000 for ponding and run off of animal waste into
an adjacent ditch on March 6, 2014. Bandit 3, LLC violated Condition No. II. 2 of the General
Permit AWG100000 for applying animal waste on an application field without vegetative cover.
Bandit 3, LLC violated Condition No. II. 17 of the General Permit AWG100000 for not applying
animal waste to a land application field according to the CAWMP. Bandit 3, LLC violated
Condition No. III. 13a for not notifying of non-compliance to the WIRO.
On March 4, 2014, the WIRO received a complaint that animal waste was being irrigated onto
saturated fields. Representatives from the Division of Water Resources and the Division of Soil and
Water went and inspected the site on March 51" and 61". Ponding and run off of animal waste was.
observed and samples were taken along with photos of the incident.
A Notice of Violation and Recommendation for Enforcement (Case # NOV-2014-PC-0077) was
issued on March 27, 2014 for above mentioned violations to the General Permit AWG100000.
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 $1025.13 pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-
282.1(b)(8).
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] Internet: www.ncdenr.gov
An F:qual pppnrtunity 1 AHirmalive Action Employer — Made in part by recycled paper

If you,have any questions, please contact me at 910-796-7388.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:IWQSIAN1MAl.SIPender12014171-6NOVREI�171-006 Memo

��' ��'�FVI'i'�.�,'��tG}}3��'t�r5.',y.� 1�� ;,������1.y��yYy��, �5"'s ,��}��'� .�Y'�*�r#��•'i, t4. ..;1T ' j �!r ��'
v w � t - 4 , . t ,r.. ?ir tr% ri �• :r .3-.
1�;••'�..-�'rr'�^��• �:n l"�t�h�f�h'��!G:�i���m�.*W�c�:_ `,5����,.���6�.'•?�•-.U"�t

rr-

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Bandit 3, LLC
County: Pender
Case Number: NOV-2014-PC-0077
Permit Number: AWS710006
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
2)
3)
4)
5)
6)
7)
8)
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally; -
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
The State's enforcement'eosts totaled $1025.13, as follows:
Staff
12 hours @ $21.49/hour
$ 257.88
Staff
12 hours @ $21.70/hour
$ 260.40
Samples
9 Nutrients @ $40.00/sample
$ 360.00
Mileage
267 miles @ $0.55/mile
$ 146.85
Total
$1025.13
Date
Supervisor Name
rev 1.0 - 8,31.09

At•....ri
ICUM
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Bandit 3, LLC
Raccoon Farm
5331 Five Bridge Road
Clinton, NC 28328
Dear Bandit 3, LLC:
John E. Skvada, III
Secretary
August 19, 2014
SUBJECT: Remission Request
Farm # 71-0006
Pender County
File No. PC-2014-0008
Permit No. AWS710006
This letter is to acknowledge receipt of your request, on August 14, 2014, for remission of the
civil penalty levied against the subject facility. The Director of the Division of Water Resources
will review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Branch
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Jim Gregson, Wilmington APS Regional Supervisor
File # PC-2014-0008
Murphy -Brown LLC, PO Box 856, Warsaw, NC 28398
APS Central Files EC E Imo,
En
AUG 2 2 2014
13Y: -
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] \ Internet: httpJ/www.ncdenr,Qoy1
An Equal Opportunity 1 Afirnrative AcUDn Employer - Made in part by recycled paper

Pat McCrory
Governor
NCDEENR
North Carolina Department of Environment and Natural Resources
November 21, 2014
CERTIFIED MAIL 7012 3460 0003 5794 4647
RETURN RECEIPT REQUESTED
Bandit 3, LLC
Crooked Run Farm
5331 Five Bridge Road
Clinton, North Carolina 28328
Subject: Request for Remission of Civil Penalty
Crooked Run Farm
Case No. PC-2014-0008
Permit Number AWS710006
Pender County
Dear Bandit 3, LLC:
John E, Skvarla, III
Secretary
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of
your request for remission and did not find grounds to modify the civil penalty assessment of
$5025.13. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar
days of your receipt of this letter to the attention of
Miressa D. Garoma
NC DENR-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
ECEIVE
OR Nov 2 5 2014
BY:
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Ph.ow 919-807-64641 Internet; http:/Iwww.nodenr.govl
An Equal Opportunity t Affirmative Action Employer — Made in part by recycled paper

Bandit 3, LLC
Case No. PC-2014-0008
Pender County
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your
request for remission with supporting documents and the recommendation of the Director of
the North Carolina Division of Water Resources will be delivered to the Committee on Civil
Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days
of receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DENR-D WR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
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 me at
[phone].
Sincerely,
0
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments
cc: Wilmington Regional Office WQROS
File # PC-2014-0008
WQROS Central Files

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
BANDIT 3, LLC
DWQ Case Number PC-2014-0007
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• %-presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law,
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of _ _ _. 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

I
I
DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2014-0008 Region: Wilmington County: Pender
Assessed Entity: Bandit 3, LLC Permit: AWS710006
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner-
0
(b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
When reviewing the level of fines while the enforcement was being developed, the amount of money and other
activities that the farm owner accomplished had been part of the consideration. The response to the violations
by the farm owner was at a minimum needed to get the farm site back into compliance.
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The assessments were at levels of fines for first time violators based off other enforcements from the
Wilmington Regional Office.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check,4ne)
Request Denied Eff
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission FJ $ (Enter Amount Remitted)
Thomas eeder Date
rev L0 — 8-31.09

A`
NCDE�IR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 21, 2014
CERTIFIED MAIL 7012 3460 0003 5794 4647 ECEIVER
RETURN EDE RECEIPT REQUEST
. „ NOV 15 2014
Bandit 3, LLC .
Crooked Run Farm By:
5331 Five Bridge Road
Clinton, North Carolina 28328
Subject: Request for Remission of Civil Penalty
Crooked Run Farm
Case No. PC-2014-0008
Permit Number AWS710006
Pender County
Dear Bandit 3, LLC:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of
your request for remission and did not find grounds to modify the civil penalty assessment of
$5025.13. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar
days of your receipt of this letter to the attention of:
Miressa D. Garoma
NC DENR-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone]Internet: httpjlwww.ncdenr.gavl
An Equal Opportunity 1 Affirmative Actien Employer — Made in part by recycled paper

Bandit 3, LLC
Case No. PC-2014-0008
Pender County
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment . is not .received within 30 calendar days from your receipt of this letter, your
request for remission with supporting documents and the recommendation of the Director of
the North Carolina Division of Water Resources will be delivered to the Committee on Civil
Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days
of receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DENR-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
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 me at
[phone].
Sincerely,
v
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments
cc: Wilmington Regional Office WQROS
File # PC-2014-0008
WQROS Central Files

i
DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2014-0008 Region: Wilmington
Assessed Entity: Bandit 3, LLC
County: Pender
Permit: AWS710006
❑ . (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
When reviewing the level of fines while the enforcement was being developed, the amount of money and other
activities that the farm owner accomplished had been part of the consideration. The response to the violations
by the farm owner was at a minimum needed to get the farm site back into compliance.
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The assessments were at levels of fines for first time violators based off other enforcements from the
Wilmington Regional Office.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Checks ne)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes [No ❑
Partial Remission ❑ $ -_ _ _ (Enter Amount Remitted)
Thomas eeder Date
rev 1.0-8-31,09

.. -.';.i
(Type of Visit: 0 Compliance Inspection 0 7Follow-up
ation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: 0 Routine 0 Complaint 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: Departure Time: County: 5 Region:
Farm Name:
Owner Name:
Mailing Address:
Physical Address:
Facility Contact:
Onsite Representative:
Certified Operator:
Back-up Operator:
Location of Farm:
Owner Email:
Phone:
Title: Phone:
Latitude:
Integrator:
Certification Number:
Certification Number:
Longitude:
Me, signimwi
SwineI Capacity Pop.
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Wet Poultry
Layer
Non -La er
Dr, P.oultr.
Capacity
Design
Ca aci
Pop.
Current
P,o
esign
C►attle C*apacity
Dairy Cow
Current
Ppp.
Dairy Calf
Dairy Heifer
Dry Cow
Non -Dairy
Farrow to Finish
Layers
Beef Stocker
Gilts
Non -Layers
Pullets
Beef Feeder
Boars
Beef Brood Cow
Other
Other
Turkeys
Turkey Poults
Other
Discharges and Stream Impacts
1. Is any discharge observed from any part of the open ion?
Yes
❑ No
❑ NA
❑ NE
Discharge originated at: El structure Application Field ❑ Other:
a. Was the conveyance man-made?
❑ Yes
o
[DNA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
❑ Yes
WNo
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWQ)
❑ Yes
No
0 NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
o
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
❑ Yes
ZNo
❑ NA
❑ NE
of the State other than from a discharge?
Page 1 of 3 21412011 Continued

Facility Number: jDate of inspection: 3 (p
Waste'Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes
a. If yes, is waste level into the structural freeboard? ❑ Yes
Structure 1 Structure 2
Identifier:
Spillway?:
Structure 3 Structure 4 Structure 5
M/No ❑ NA ❑ NE
❑No ❑NA ❑NE
Structure 6
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes 54 No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a [:]Yes dNo ❑ NA ❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes 13 No ❑ NA ❑ NE
8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes �(No ❑ NA ❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require ❑ Yes No ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes No ❑ NA ❑ NE
maintenance or improvement?
11. is there evidence of incorrect land application? If yes, check the appropriate box below. ZYes [:]No ❑ NA ❑ NE
❑/ rExcessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
Yes
❑ No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ YesNo
�&Ni
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
[-'
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
ICJ Zo
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
[] No
❑ NA
NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
❑ No
❑ NA
E(NE
the appropriate box.
❑WUP ❑Checklists []Design []Maps ❑ Lease Agreements
❑Other:
j
21. Does record keeping need improvement? if yes, check the appropriate box below. [(Yes [:]No ❑ NA CeNE
❑ Waste Application ❑ Weekly Freeboa ❑Waste Analysis ❑Soil Analysis [3 Waste Transfers ❑Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield 120 Minute Inspections ❑ Monthly and V Rainfall Inspections [:]Sludge S71NE
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA [NE
Page 2 of 3 21412011 Continued

Facili Number: Date of Inspection: I '
24. 11id the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No ❑ NA E
25.Js the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No ❑ NA [ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes ❑ No ❑ NA NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? [:]Yes ❑ No ❑ NA YNE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
34. Does the facility require a follow-up visit by the same agency?
❑ Yes CZ"No ❑ NA ❑ NE
❑ Yes [�/No ❑ NA ❑ NE
�es ❑ No ❑ NA ❑ NE
[] Yes ❑ No ❑ NA ET<E
Yes
dNo ❑ NA ❑ NE
❑No ❑NA ❑NE
No NA
❑ ❑ ❑ NE
❑
[]%/Yes
�Yes
Comments (refer, to question ##): Explain any,VES answers and/or.any additional recommendations or any other;comments.
Use drawings of facility to better explain situations (use additional pages as necessary).
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-T}{+Q,EE UrHEfL T S Ta f7ZCCD 419 $ESZOC_ 20A(J + ill ?°5L13L£ "5t..
3p^pLf__ 4a -TAV4_:0 FiLo n R,0A05.z0( DmIC_N AW0G IN=T� ?scto oes (& la'. (30 prm.
t.t.) PIE-C--A .:�O Fes+- C(D OW JED To 991VE TOSS t8Lf- WAISM. SAPAPLE J* FZC +� o
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al.) VAI1.UQE To W<-p- 5M- ? e0fMT
KA-Tt_t.. RE VSUED
3A►uPC�s "k� C� CkCAA a' M
Reviewer/Inspector Name:
Reviewer/Inspector Signature
Page 3 of 3
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Phone: 010116
Date: f3 I4
T2/4/2011