710010_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

1%
State of North Carolina
Department of Environm ft -4
and Natural Resources
Division of Water Quality APR
Michael F. Easley, Governor, BY:-,,,
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Randall Stoecker
Pender I & II
2802 Half Branch School Road
Ivanhoe, NC 28441
Dear Mr. Stoecker:
ALT?WA
IT
NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RE50URCES
April 26, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for .,
Violation of Conditions of General
Permit AWG100000
Farm # 71-10
Pender County
File No. PC 00-077
This letter transmits notice of a civil penalty assessed against Pender I & H in the amount
of $1,363.37 which includes $363.37 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. 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).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

1/
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14 3B -282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments
%MewMt WIRO w/ attachments
File # PC 00-077 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. AWG 100000 ) STIPULATION OF FACTS
FILE NO. PC 00-070
Having been assessed civil penalties totaling $1,363.37 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, April 25, 2001 , the undersigned, desiring to seek remission of the
civil penalties, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of , 2001.
SIGNATURE
ADDRESS

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
RANDALL STOECKER
FOR VIOLATIONS OF CONDITIONS
OF ANIMAL WASTE PERMIT
AWG 100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-070
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Randall Stoecker owns and operates Pender I and II, a swine operation located on
SR 1207 in Pender County.
B. Randall Stoecker was reissued Certificate of Coverage AWS710070 under
General Permit AWG100000 for Pender I and II on June 26, 1998, effective June
26, 1998, with an expiration date of April 30, 2003.
C. Condition No. II. 4. of the General Permit requires in part that in no case shall
land application rates result in runoff during any given application.
D. On August 15, 2000, DWQ staff inspected Pender I and II and observed excessive
ponding and wastewater runoff from two spray fields to adjacent wooded areas.
E. The costs to the State of the enforcement procedures in this matter totaled
$363.37.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Randall Stoecker is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).

B. A permit is required to operate an animal waste management system by G.S. 143-
215.1. General Permit No. AWG 100000 was issued for swine waste management
systems.
C. Pender I and II's above -cited land application of animal waste which resulted in
runoff violated Condition No. II. 4. of General Permit No. AWG 100000.
D. Randall Stoecker may, be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) 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.
E. The State's enforcement costs in this matter may be assessed against Randall
Stoecker pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the, Department of Environment and Natural 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:
Randall Stoecker is hereby assessed a civil penalty of:
$_ . O o o for k of two violations of Condition No. H. 4, of
General Permit No. AWG 100000 by land . applying animal
waste at rates that resulted in runoff
$_� oo e o TOTAL CIVIL PENALTY, which is ,q--_ percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 363.37 Enforcement costs
$ �_ 3(,3_,1 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;

e
• (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.
4f--2..S-n\
(Date) Kerr T. Stevens, Director
Division of Water Quality

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
October 17, 2000
JwAk
jf
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
-MEMORANDUM -
TO: Coleen Sullins, Water Quality Section Chief
THROUGH: Rick Shiver, Water Quality Regional Supervisor 4
Wilmington. Regional Office
Y�
FROM: Stonewall Mathis, Environmental Engineer I, Wilmington Regional Office .
SUBJECT: Enforcement Report
Randall Stoecker
Pender I and II
Permit No. AWS710070
Pender County
Attached please find the subject enforcement report which was prepared by Mr. Brian
Wrenn of the Wilmington Regional Office. The report concludes that Randall Stoecker violated
his Animal Waste Permit Number AWS710070, pursuant to G.S. 143-215.1, by allowing runoff
to occur during waste application.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS
143-215.6A (a)(2).
If you have any further questions, please contact me at 910-395-3900, ext. 203.
ATTACHMENTS
ie0cc: lf Wniona�,fce ,
127 North Cardinal Dr., Wilmington, North Carolina 28405 'Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF )
RANDALL STOECKER )
)
FOR VIOLATIONS OF )
ANIMAL WASTE PERMIT )
AWS710070 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Randall Stoecker owns and operates Pender I and II located on NCSR 1207 in
Pender County.
B. Randall Stoecker was issued Animal Waste Permit AWS710070 on June 26, 1998
with an expiration date of April 30, 2003 for the operation of Pender I and II.
C. Part I1.(4) of the issued permit states that in no case shall land application rates
exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff
during any given application.
D. On August 15, 2000, DWQ staff from the Wilmington Regional Office, in
response to observations during a routine fly -over, inspected the facility.
Excessive ponding and runoff of animal waste was observed in spray pulls #9 and
#35.
E. The costs to the State of the enforcement procedures in this matter totaled
$363.37.
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:
A. Randall Stoecker is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212A.
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Randall Stoecker violated Part II.(4) by allowing the runoff of animal waste
during waste application.
D._ Randall - Stoecker 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.
E. The State's enforcement costs in this matter may be assessed against Randall
Stoecker pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural 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:
1II. DECISION:
Randall Stoecker is hereby assessed a civil penalty of:
$ for _ of 2 violations of Part I1.(4) of Permit Number
AWS710070 by allowing the runoff of animal waste during
waste application.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 363.37 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the
factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
- - (6) Whether the violation was committed willfully or intentionally;'-
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (V)
Violator: Randall Stoecker
Address: 2802 Half Branch School Road, Ivanhoe, North Carolina 28441
Regional Office: Wilmington
- - 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:
No direct harm was observed because of the violation. However, runoff due to excessive
hydraulic loading creates a large potential for harm to natural resources and to public health.
2. The duration and gravity of the violations:
Waste was applied on Pull #9 from 8:00 a.m. to 10:00 a.m. on August 15, 2000. A total of
36,000 gallons was applied. Large areas of ponded waste were observed at the edge of the spray
pull and in the wooded area adjacent to the spray field. Waste was applied on Pull #35 from
8:00 a.m. to 10:00 a.m. on August 15, 2000. A total of 35,000 gallons was applied. A
significant amount of waste had runoff into a small drainage area adjacent to the spray field.
Although there was no discharge to waters of the State, the ponding and runoff in both cases
could have been avoided by showing due care during the application events.
3. The effect on ground or surface water quantity or quality or on air quality:
No effects on ground or surface water quantity or quality or on air quality were documented.
4. The cost of rectifying the damage:
The cost of the clean up procedures was minimal. All pumps, hoses, sprinklers, and dirt
moving equipment were already on site and available for use.
5. The amount of money saved by noncompliance:
It is difficult to determine the amount of money saved by noncompliance. Time and labor
costs were saved by not adequately monitoring the application events.
6. Whether the violation was committed willfully or intentionally:
It is the opinion of the inspector that the violations were not willful 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:
The facility was issued a Notice of Deficiency on May 12, 1997 for excessive ponding of
animal waste in the spray fields. The facility was issued a Notice of Violation on September
28, 1998 for excessive ponding and runoff of animal waste in the spray field, insufficient
freeboard, and failure to properly notify of insufficient freeboard. The facility was issued a
Notice of Deficiency for erosion on the lagoon dike wall and for the poor condition of the
cover crop. '

8. The cost to the State of the enforcement procedures:
The cost of the enforcement procedures totaled $363.37.
Stonewall Mathis 6 hours @ $24.09/hour
$144.54
Brian Wrenn 5 hours @ $19.20/hour
$96.00
Mileage 70 miles @ $0.23/mile
$16.10
Photography (film and developing)
$6.73
Administrative Costs
$100.00
9. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance:
The runoff of animal waste was blocked at both spray pulls. At Pull #9, the ponded waste
in the field and in the woods was pumped back on to drier areas of the adjacent field using
- - - a small pump and sprinkler.- -The ponded area was then disked to enhance infiltrati6n and
evaporation of any remaining waste. At Pull #35, the ponded waste in the field and in the
drainage area was pumped back on to drier areas of the spray field using a small pump and
sprinkler.
10. Mitigating Circumstances:
None

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
August 31, 2000
- - CERTIFIED MAIL 47000 0600 0023 4230 1367
RETURN RECEIPT REQUESTED
Mr. Randall Stoecker
Pender I & II
2802 Half Branch School Road
Ivanhoe, NC 28441
�r
NCDENR
ENVIRONMENT AND NATURAL RF-SOURCES
Subject: Notice of Violation and Recommendation for Enforcement
Pender I & II
Facility Number: 71-70
Pender County
Dear Mr. Stoecker:
This is to notify Mr. Randall Stoecker, who holds Certificate of Coverage AWS710070
under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General
Statute 143-215.1, of violations of the General Permit.
On August 15, 2000, in response to a flyover inspection, Mr. Stonewall Mathis of the
Wilmington Regional Office of the Division of Water Quality inspected your animal operation
and the animal waste management system serving this operation. During the inspection, Mr.
Mathis observed animal waste ponding and runoff on two separate land application fields. The
animal waste runoff discharged into a ditch and woods adjacent to the fields.
These are violations of Part II. Operation and Maintenance Requirements, Section I of
the General Permit which requires that the Iand application equipment and fields be maintained
at all times and properly operated.
The Wilmington Regional Office of the Division of Water Quality is in receipt of your
letter outlining the incident and corrective actions.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX 9I0-350-2004
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Mr. Randall Stoecker
August 31, 2000
Page Two
Please 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). If you have an
explanation for these violations that you wish to present, please submit your written response
within 10 days of receipt of this notice. 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 these matters
including assessment of civil penalties, injunctive relief, and permit revocation.
If you have any questions concerning this matter, please do not hesitate to call Mr.
Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Jason Turner, Pender County Soil and Water Conservation
Kraig Westerbeek, Murphy Farms, Inc.
Harry Lewis, Pender County Health Department
Central Files
Wilmington Files
S:\WQSV24DAALS\PENDER12000\71-70novrfe

NIURPHaY
F A M[ LY F A R M S
August 18, 2000
Stonewall Mathis
NCDENR
- - Wilmington Regional Office - - - -� - - - --
127 Cardinal -Drive Ext.
Wilmington, NC 28405-3845
FAX: [phone]
Dear Mr. Mathis:
On Tuesday, August 15, 2000, at approximately 10:30 a.m., Stonewall Mathis of
NCDENR, visited Pender I and II Sow Farms, and made us aware of ponding and run-off of
lagoon water being applied to spray fields.
Two irrigation -traveling guns had been operating that morning — one at Pender I, the other
at Pender II — but had just. been shut off due to a leaking hydrant.
The ponding and run-off from the spray field at Pender II appeared to be the result of too
much effluent being applied on soil that was not adequately dried from, recent rains. This
particular area of run-off also has steeper slopes than the rest of the field, which
accelerated the run-off. The effluent that ran off of this spray field was contained in a
filed ditch next to the spray.
The ponding and run-off from the spray field at Pender I has been determined to be due to
a malfunction of a drive chain on the reel. This was not determined until Thursday, August
17, 2000, when we attempted to re -start this irrigation reel. Our operator — Michael
Creech — had checked this reel after it was started and observed that the turbine was
functioning and the meter that shows speed of travel was operating in a normal range.
What he didn't notice was that the final drive chain that turns the reel was too loose and
not turning the reel properly. As a result, the irrigation did not move at the speed indicated
by the RPM meter.
a =MMti HAu*c� aK
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

lugust 18, 2000
'age 2
.orrective Actions:
Is soon as we became aware of the run-off problems, we used a front-end loader to close
)ff the field ditch at Pender II to contain the effluent in the field ditch. A small pump with
small sprinklers and 200 feet of hose was used to apply the effluent to an area of the bean
field not normally well covered by irrigation. After ponded water and excess ditch water
was applied to crops, the ditch bank was disked to incorporate any moist soil.
At the Pender I site the flow of effluent to the woods was stopped at the woods with dirt.
The ponded water, which also included some rainwater, was applied to the growing
soybean crop. Later the small pump was used to remove ponded effluent from the woods
and supplied to the adjoining cropland. The area of run-off and ponding was then disked to
incorporate the remaining moist soil. The next step (in the next 10 days) will be to reseed
the disked areas.
No irrigation water left our property or did it reach any waters to the state.
Plans to Prevent Future Run -Off Problems:
-Insist that operator observes the field where irrigation is being done.
-Operator must make sure the reel is turning at all times.
-Increase frequency of monitoring irrigation process.
Sincerely
John Bullard
Farm Manager Pender I
........ .....
Larry Gli e
Farm Manager fender II
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�Divisiion of Water
O Division of Soil and Water Conservaf�on
'" x
-
w
Q Other Agedcy -
I
Type of Visit IN Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification Je Other ❑ Denied Access
Facility Number b Date of Visit
0 Permitted (] Certified ❑ Conditionally Certified ❑ Registered
FarmName. ...........?et�d.e. ..... .. .........:.....................................................
Owner Name: ........... deq,h d a 11...........S4.4ec 4 r.....................................
8 )S OD Time: n S Printed on: 7/21/2000
O Not O erational 0 Below Threshold
Date Last Operated or Above Threshold: .........................
County:...Pe ,h d'e.........................................................
Phone No:
FacilityContact:.........................................................................Title:............................................. ........... Phone No:..............................................
tilailingAddress:.......................................................................................................................................................................................................... ..........................
t
Onsite Representative: �'!�! -Ao:! 1 P.� Q.. C(1 T k /t �V.?�Rri{� ..tr,rr 4 (...... 1 ntegrator:... U /' jrJ.... �f..................................................
1......................... I..1 ..k
Certified Operator: ................................................... ............................................................. Operator Certification Number:................-----.....................
Location of Farm:
�'.
$ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude �' �� �.. Longitude �• ��«
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑ Wean to Feeder ❑ Layer I ❑ Dairy
❑ Feeder to Finish ❑ Non -Layer I 1E] Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder JE1 Other
❑ Farrow to Finish Total Design Capacity
❑Gilts
❑ Boars Total SSLW .
Number of Lagoons ❑ Subsurface Drains Present 110 Lag -n Area ❑ Spray Field Area
Holding Ponds / Solid Traps 10 No Liquid Waste Management System
Discharges & Stream impacts
1. Is any discharge observed from any part of the operation? j Yes ❑ No
Discharge originated at: ❑ Lagoon XSpray Field [3Other
a. If discharge is observed, was the conveyance man-made? ❑Yes ❑ No
b. If discharge is observed. did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If dischar-e is observed. what is the estimated flaw in galltnin?
d. Dees discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse: impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identi Fier :....................................................... �:nalpSFac...�. 3�`"riJ e....................... . ....... .......................
w ..:. .
Freeboard (inches): 3/0 28 4 Z / 8 '
5100 Continued on bal,

Facility lumber: "7 — 1).ite of Inspection I i/ IS InRJ Printed on: 7/21/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
NV,iste Anplicution
10. Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes ,
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement? ❑ Yes ❑ No
16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available? . ❑ Yes ❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No
20. is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No
23. Did Reviewertinspector fail to discuss review/inspection with on -site representative? ❑ Yes)gNo
24. Does facility require a follow-up visit by same agency? Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
0 �'�IQ yibl'at'tQtis oir deljcaer�cies r►��re pgted duringfihjs'v�sit! Yo ;will ec�ive a #'u, t��t
corres• oncience: abbuf this :visit:
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
-s•nsp� � on Goo v c t � rt pdnse v yove r n arw+ . �
1. Lje%s4Q r6rtd'-`5 a-nd rvnQf' 140 d l�c� Ase+"1/cat A+ fender si4e,
fiend ;,9 mincl rvho.(F wards observe_( 44 1PL'4'e S 'rje
-rns+rvc-44 reprCS_n_jg4jueS -io G)e�h v�o 1,,as+4 qs�d pvOCeSt Was Slyv�e�.
We,4ef Ive,N47 .S'a►��es pic�vres ltiere 4.1ke ?
2q, r'llow up SfUIeO-46 boon4eelr'eViCW
tle�ihu�.
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date: /5 0 0 5

•e f 1 _-T.'' u _. .
Dtvesiait of Water Quality
Q Di" start of Soil and Water Conservauoa V t
�r , 0
Cher
f.
a i s r
.e _. kr..-.. tiauk�..... .. -. J-, r -.1.. ._ ... ., •I t ti.,-. f;s d
Type of Visit 0 Compliance Inspection Q Operation Review 0 Lagoon Evaluation
Reason for Visit O Routine O Complaint Follow up O Emergency !Notification O Other ❑ Denied Access
Facility Number Date of Visit:
[] Permitted E3 Certified ❑ Conditionally Certified 13 Registered
FarmName: ..........�e.� � e r.... �.�..�..............................................................
OwnerName: ..........4,1n........................`'40.2C.�e.Y.................................
Qp Time: I 10 4 S_ I Printed (in. 7/21/2000
NNot O erational G Below Threshold
Date Last Operated or Above Threshold: .........................
County: ...... �Q.�............................................. .......................
Phone No:
'Facility Contact:..........................:.............................................:.:.Title:....................... ..-.............:.:.... .:.......:. Phone"No:................................................
MailingAddress:..............:..................................................................................7.�R.���{�r �.....................................
Onsite Representative:.,, ti1aG �rcEc+��........rry %I.. "�f...a.......... nt ator:......... +.i1' ....... fr ...... ...... .......r.h y.........................
Certified Operator: ................................................... ............................................................. Operator Certification Number:........................................
Location of Farm:
Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude C�• �� ��° Longitude �• ���s
Design Current Design Current Design . Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑ Wean to Feeder ❑ Layer I IDairy
❑ Feeder to Finish ❑ Non -Layer ❑ ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑Other
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lag -an Area ❑ Spray Field Area
Holding Ponds / Solid Traps ID No Liquid Waste Management System
Discharaes & Stream Impact~
1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes Cl No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed. what is the estimated now in gal/min''
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .................................... .................................... .... .............................. ............. ....................... .................................... ....... I ................ ....... ....
Freeboard (inches):
S/00 Continued on back

FarHity Ntlymber: — 70 Date of Inspection / DO Printed on: 7/21/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No
-11. Is there evidence of over application? _ - .❑ Excessive Ponding ❑ PAN -❑ Hydraulic Overload - - ❑ Yes T❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14, a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
e) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19, Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative'?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
>?'�1Q yiQla��Qt;s:o a ticie>3c;es ►ire potie�l tlit3°ing 3h#s'v�siti Yoh will•i-ec�Ky d fufr hor
corresporideh& Abt f this :visit.
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ,gNo
❑ Yes ❑ No
❑ Yes ❑ No
-zh:rrc r6), rerF4"^&d 7D r1iakt.4p,-/rev'et4 CIct,nLr o/ ctUc4,,►")esr nr. 111
1SIA0, A,
• Puw+P d+'�G� out once ^,a e_ o4 pende-,_-4� s;�c 9►ld ` 4en rv,r %ove elgm .
I�eC�ar�^'t As rn vGk -5011 gsrss; bt e 14V �(Xt,,(.
fro✓�ci� (,ove+r or! d,'fccol qr-ea.t W -tl'icMr -1 6aA s;4c .
Reviewer/Inspector Name JTo ►a�'ZU r %77y �h �'J
Reviewer/Inspector Signature: Date: 4116 A0 a 5/00

N .-Fotw Mn,;2
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a
E
Q
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m
i,agoon Irrigation Rekfs. Record
One Form for Each Field per Crop Cycle
'tract Fieid ri
Fietd S;ze taGres) = 1A)
Farm Owner e—
Owners Andress ,
Owner's Phone N
FaCr,6Nkar;tes
hrrgat♦on OMatcr.
Irrkjation OperaWrs
Address
OperaWes Phone N
From Waste Utlllzallon Plan
,lu' [yes j NaoaarnanCed PAN loading
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. , Environmental Chemists, Inc.
Q 6602 Windmill Way • Wilmington, North Carolina 28405
[phone] (Lab) • [phone] (Fax)
[e-mail]
CONSULTING
CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: August 25, 2000
127 N. Cardinal Drive Ext.
Wilmington, NC 28405 Purchase Order #:
Attn: Stonewall Mathis
- - - - - - • - -= r _ - -- - - - - - Report Number: - - - - 0-2856
Date Sampled:
Sampled By:
PUDDLE:
08/15/00
Stonewall Mathis
REPORT OF ANALYSIS
Report To: Stonewall Mathis
PARAMETER
Sample ID
71-70 1
71-70 2
71-70 3
71-70 4
Lab ID
# 6870
# 6871
# 6872
# 6873
Fecal Coliform, colonies/140ml
3,200,000
3,300,000
4,500,000
5,900,000
Mtrate + Mtrite Mtrogen, NO3 + N% - N mg/L
9.86
5.49
8.72
38.3
Amm0ala Nitrogen, NH;-N, mg/L
396.7
373.3
429.3
275.3
Total Kejeldahl Mtrogen, TKN nwjL
462
420
476
329
Total Phosphorus, P mg/L
48.8
47.0
62.0
42.4
Reviewed byL, and approved for release to the client.

renvirochem
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ENVIRONMENTAL CHEMISTS, INC
Sam le Collection and Chain of Custod
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"02 Windmill Way
Remington, NC 28405
Phone: [phone]
Fax: [phone]
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0.2 ppm or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
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Temperature when eceived: . 3 aL Accepted: �! Re ected: Resample Requ ted•
Delivered By: Received BDate: Time:
Comments:

I •
ate of North Carolina
Department of Environment
and Is
Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
certified Mail # Z 418 221 353
Return ce' ted
Mr. Kandall Stoecker
Pender Farms 1 & 2
2802 Half Branch School Road
Ivanhoe, NC 28441
Dear Mr. Stoecker:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENviRONMFNT AND NATURAL RESOURCES
March 24, 4999
1
Subject: NOTICE OF DEFICIENCY
Pender Farms 1 & 2
Facility Number: 71-70
Pender County
On March 10, 1999, I inspected your animal operation and the lagoons serving this facility.
It was observed that mild erosion is occurring on the lagoon at Pender 1 and the Bermuda field needs
to be improved. These items are violations of your General Permit and certified animal waste
management plan.
The erosion on the lagoon at Pender #1 should be appropriately repaired and vegetation
established on this area and the other large area lacking vegetative cover. Correcting this problem
now will avoid continued degradation of the structure. Lime and top soil may need to be used to aid
in establishing vegetation on the duce wall.
The bermuda spray field needs substantial improvement to improve its ability to utilize the
waste applied. It has a considerable weed problem and a large lime requirement according to most
recent soil analysis. Lime should be applied to all spray fields when the recommended application is
1.0 ton/ac or more. This field may need to be re -sprigged in areas to improve the amount of
vegetative cover. Contact your local Extension office or NCDA agronomist for suggestions to
improve this field -- burning this field may be an option.
To remain a permitted facility, you must notify this office in writing within fourteen (14) days
of the receipt of this notice, what actions will be taken to comply with your waste management plan.
Failure to do so may result in the facility losing it's permitted status, requiring it to obtain an
individual non discharge permit.
127 Cardinal Drive Ext., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Aandall Stoecker
Page 2
March 24, 1999
Please be aware it is a violation of North Carolina General Statutes to discharge wastewater
to the surface'waters of the State without a permit. The Department of Environment and Natural
Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation.
If you need assistance with addressing these items, please contact your service company, the
Pender County Extension or Soil & Water office. If you have any questions concerning this matter,
please call Dean Hunkele or Brian Wrenn at 910-395-3900.
Sincerely,
Dean A. Hunkele
Environmental Specialist
cc: Jason Turner, Pender County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Garth Boyd, Murphy Family Farms
Operations Branch
Wilmington Files
S:IWQSIANIMALSIPENDERU 99917 ]-70B.DEF
`r_

me
m
MURPHY
FAMILY FARMS
Dean A. Hunkele
Environmental Specialist
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 18405
Mr. HunkeIe,
I am writing on behalf of the Pender 1&2 Farm, Fac. # 71-70, in response to the NOD issued by your office
on March 24, 1999. To address the items listed, i discuss the corrective steps that have been taken since
your visit in the same order that they appear in your March 24th letter.
1. On 415199, the erosion areas on the Pender 1 lagoon were filled and re -graded. On the same date, this
area, as well as the bare area noted, were seeded per NRCS recommendations. We will continue to
monitor the growth of the cover on these areas to insure that an adequate stand of grass is realized.
2. The bermuda sprayfield was sprayed on 4/2/99 for broadleaf weeds. Also, lime was ordered for these
fields and will be spread at the recommended rate when it arrives. As the bermuda emerges, we will
evaluate the stand for areas that may need improvement. Keep in mind that the cropland on this farm will
receive the lions share of effluent in dry years, and that this may cause a shortage of nitrogen for the
bermuda, thus hindering efforts aimed at having a quality stand during these time periods. Bermuda is
very forgiving in this respect, allowing the stand to remain viable until nitrogen is added to promote
growth.
If there are any questions regarding the issues in this letter or otherwise, please feel free to contact me at
[phone] ext. 4556.
gSincer y,esterbeek
anand Nutrient Manager
Murphy Farr ly Farms
4/5/99
�yYPEt
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone] .,
i C �Wl�JeT�ICl3$� 4iAJr`r'ti_i,i '.?{;_ `•"0 sti: 1?`

of North Carolina
rtment of Environment
natural Resources
ington Regional Office
B. Hunt, Jr., Governor
,e McDevitt, Secretary
on of Water Quality
September 28, 1998
Certified Mail # Z 312 648 683
Return Receipt Requested _
Mr. Randall Stoecker
Pender Sow Farm I and II
2802 Half Branch School Road
Ivanhoe, North Carolina 28441
00%
NCDENK
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsauRCE5
Subject: NOTICE OF VIOLATION
Pender Sow Farm I and II
Facility Number: 71-70
Pender County
Dear Mr. Stoecker:
You are hereby notified that Pender Sow Farm I and II, which has been permitted to have a
nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has
been found to be in violation of its 2H .0217 Animal Waste Permit AWS710070.
On February 19, 1998, staff from the Wilmington Regional Office of the Division of Water
Quality inspected your animal operation and the lagoon serving this operation. The following was
observed:
1. Excessive ponding and runoff in spray runs #5, #6, #8 and #9; however, there was no
discharge to waters of the State.
This is a violation of Part I. Performance Standards, Section 1 and Part II. Operation and
Maintenance Requirements, Section 1 of your Animal Waste Permit.
2. Insufficient freeboard in lagoons #1 and #2 of 8" and 9", respectively.
This is a violation of Part V. General Conditions, Section 3 of your Animal Waste Permit.
3. Failure to notify the Wilmington Regional Office of the Division of Water Quality concerning
the insufficient freeboard.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Randall Stoecker
September 28, 1998
Page 2
r
1
This is a violation of Part IIi. Monitoring and Reporting Requirements, Section 6(e) of your
Animal Waste Permit.
On February 20, 1998, DWQ staff observed:
1. Hog carcasses and medical waste in lagoon #1.
This is»a violation .of Part II. Operation and Maintenance Requirements, Section 7 and Section 12
of your Animal Waste Permit.
2. Rye grass in spray fields designated for a corn, wheat, and soybeans rotation by your Certified
Animal Waste Management Plan.
This is a violation of Part R. Operation and Maintenance Requirements, Section 2 of your Animal
Waste Permit.
In addition, the dead trees and debris should be removed from the spray fields. And the
appropriate cover crop must be re -seeded. The drain the in spray run #3 should be removed or
repaired to prevent future jug holes. Erosion in the storm water diversion area adjacent to lagoon
#2 should be repaired.
The Division of Water Quality may proceed to revoke Pender Sow Farm I and II's perni t
unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted
violations.
2. Make any modifications needed to ensure there will be no future discharges.
To remain a deemed permitted facility, you must notify this office in writing within seven (7)
days of the receipt of this notice, what actions will be taken to comply with your permit. Failure
to do so may result in the facility losing its permitted status and being required to obtain an
individual nondischarge permit.
Please be advised that this assessment does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violations.

all Stoecker
ocG jJK;1J,ur 28,1998
Page 3
r
When the required corrective actions are complete, please notify this office in writing. If you
have any questions concerning this matter, please contact Brian Wrenn or Dave Holsinger at 910-
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Marilyn Stowell, Pender County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Dr. Garth Boyd, Murphy Family Farms
DWQ Operations Branch File
Wilmington Files
S AWQSIBRLkNWIENF98171-70.NOV

ML
DECEIVED OPT 0 7 1998
MURPHY
FAMILY FARMS
October 5, 1998
N.C. Dept. of Environment and Natural Resources
Wilmington Regional Office
127 North Cardinal Dr.
Wilmington, NC 28405
Attn: Mr. Rick Shiver
Water Quality- Regional Supervisor
Subject: Notice of Violation
Pender Sow Farm #1 and #2
Farm Number: 71-70
Pender County
Dear Mr. Shiver,
On September 30, 1998, I received a copy of the Notice of Violation Ietter that
was sent to the above mentioned farm. After talking with the farm manager and
reviewing the letter written by Kraig Westerbeek, dated June 30, 1998, several factors
became apparent that could have resulted in the deficeincies listed in the Notice of
Violation letter. First, at the time of the inspection on 2/19/98, we were receiving record
amounts of rainfall. Due to this fact, the spray fields were saturated and some ponding
may have occurred in the low spots. This also caused the lagoon levels to rise. Second, on
the day of the inspection, one of the crates had broken and several pig carcasses were '
flushed into the lagoon. These were removed from the lagoon the same day. Third, rye
grass was planted in the field that was designated for a corn, wheat and soybean rotation
because it was too late to plant the wheat and rye was better than no crop at all.
To correct the problems that were mentioned, the lagoon levels have been
lowered, spray fields have been cleaned and leveled where possible to help prevent
ponding, and all fields are planted according to the waste utilization plan. Also, a Land
and Nutrient Manager has been hired to oversee the management of the lagoons and spray
fields. Both the farm managers and the Land and Nutrient Manager plan to reread the
permit to better understand the requirements therein.
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

Please note that the corrective actions,have been completed.
Due to the fact that no discharge to Waters of the State occurred, I ask that you
reconsider the issuance of this notice as a Notice of Deficiency rather than a Notice of
Violation.
Thank you for reconsidering this issue. If you have any questions concerning this
matter please contact me at [phone] ext. 4562.
Sincerely, _
M. Kevin Weston
Technical Specialist
cc:
Randall Stoecker
Dr. Garth Boyd, MFF
LNM Files
gAmwlpendnov.doc

m to 5[AiE o
•Oi� aw+"ems
State of North Carolina
'Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Secretary
May 12, 1997
# P 057 082 842
Randy Stoecker
Pender Sow #2
2802 Halfway Branch School Road
Ivanhoe, NC 28442
Dear Mr. Stoecker:
Subject: NOTICE OF DEFICIENCY
Pender Sow #2
Facility Number: 71-70
Pender County
On May 7, 1997, Staff from the Wilmington Regional Office of the Division of Water Quality
inspected your animal operation and the lagoon(s) serving this operation. It was observed at this time that
them were a large amount of low areas in the spray fields. These areas contained no cover crop and and in
some places there was excessive ponding of waste and rain water While no discharge of waste to waters of
the State was observed at this time, 15A NCAC 2H .0217(a)(1) prohibits the application of waste such that
runoff from the application site occurs.
USDA-NRCS requirements specify that animal waste shall not reach surface waters of the state by
runoff, drift, manmade conveyances or direct application. Liquid waste shall be applied at rates not
exceeding the soil infiltration rate such that excessive ponding and/or runoff of wastewater does not occur
offsite or to surface waters.
As I discussed with you during the inspection, extreme care should be taken during the application
of waste to prevent excessive ponding. The low areas in the spray fields should be filled, graded and
reseeded or the entire field graded and reseeded to prevent future ponding and to reduce the risk of runoff.
Best management practices should be implemented to ensure that future discharges of waste will not occur.
I would suggest utilizing all of the available acreage in your waste application rotation. In addition, all leaky
hydrants should be fixed and the bare spots and erosion areas on the lagoon walls should be filled and
reseeded.
127 Cardinal Drive Extension, Wilmington, N.C. 234OS-3345 a Telephone [phone] a Fax 9IG-350-2004
An Equal Opportunity Affirmative Action Employer

Randy Stoecker
May 12, 1997
Page 2.
To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days
of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure
to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non
discharge permit. We suggest that you contact your local NRCS or SoU and Water District office for any
assistance they may be able to provide to correct the situation.
PIease be aware it is a violation' of North Carolina General Statutes'to discharge wast-ewater to the
surface waters of the. State without a permit. The Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000 per day per violation
When the required corrective actions are complete, please notify this office in writing at the address
below. If you have any questions concerning this matter, please call David Holsinger, Andy Helminger or
Brian Wrenn at 910-395-3900.
Sincerely,
Z) " - - /j,
Brian L. Wrenn
Environmental Specialist
cc: Jason Turner, County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Garth Boyd, Murphy Family Farms
Operations Branch
Wilmington Files
S: I WQS I $R UA W 1 ENF0RCE 171-70. DEF

North Carolina Dept. of Environment, RECEIVED
Health and National Resources
127 Cardinal Dr. Extension J��d 1 1 1997
Wilmington, NC 28405
BY:
Date: 6-4-97
To Brian Wrenn
Environmental Specialist
From: Larry Glienke
Operator in Charge
Pender Sow #2
Facility Number: 71-70
Pender County
This is a summary of the actions that have been taken or will be
taken to continue to comply with our waste management plan and
address recommendations made following your visit May 7, 1997.
1) Low areas in spray fields will be graded as soon as existing
crops are harvested., Most of the farm is in wheat which will be
harvested in the next 30 days.
2) We have had a lot of work done since your visit to shape
drainage water ways. Grass (switch grass) has been seeded in these
areas. Earthen berms have been created along drainage ditches
where hydrants are located.
3) We have purchased tools necessary to fix any leaky hydrants..
Several have been fixed. We should complete fixing any minor hydrant
leaks by the end of this week.
4) We have graded, prepared seedbed;"seeded and applied surface
straw mulch to all erosion cuts on all inner and outer walls of the
lagoon and surrounding area, including the storm water diversion
water -way area.
5) An exposed pipe near the bus wash area will be covered this week.
In addition, we plan to have more grading work done on water
drainage.ways in the fields where grass cover crops will be seeded.
if you have any questions or concerns about these actions or plans,
please contact me.
Sincerely,
/Z?�V "!&"
Larry Glienke

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James S. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 26, 1998
1 •
WOWL r2i
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATuRAL ResouRczs
Randall Stoecker
Pender I & II
2802 Half Branch School Road
Ivanhoe NC-2844I
Subject: Reissuance of Certificate of Coverage
No.AWS710070
Pender I & II
Swine Waste Collection, Treatment, Storage and
Application System
Pender County
Dear Randall Stoecker:
The Division of Water Quality modified the Swine Waste Operation General Permit originaIIy issued to
this facility on May 12, 1997. In accordance with the issuance of the revised General Permit, we are
forwarding this Certificate of Coverage (COC) to Randall Stoecker, authorizing the operation of the
subject animal waste collection, treatment, storage and land application system in accordance with
General Permit AWG100000. This approval- shall consist of the operation of this system including, but
not limited to, the management of animal waste from the Pender I & II, located in Pender County, with
an animal capacity of no greater than 800 Wean to Feeder, 2000 Feeder to Finish and 7200 Farrow to
Wean and the application to land as specified in the Certified Animal Waste Management Plan
(CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void
COC No AWS710070 dated May 12, 1997. The COC shall hereby incorporate by reference any specific
conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage
under the revised General Permit. Please review the revised General Permit (enclosed) and pay
particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition III. I
regarding inspection frequency of the waste treatment, storage and collection system and Condition. III.6
regarding notification requirements for system failures, spills and emergencies. Pursuant to this COC,
you are authorized and required to operate the system in confonnity with the conditions and limitations
as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the
General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance
with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive
relief.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
�_ •d. . , TM� ��`;�.�.i[:�I i7ldr Sb � 4 - ��. ,-t'�14� 'iS: i' � �-:. .�

Certificate of Coverage AWS710070
Pender I & II
Page 2
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Regional_ Office_ The Regional Office Water =
-,-:--,Quality Staff may be"feached at {910)-395-3900.`' If you need additional information concerning this
COC or the General Permit, please contact Sue Homewood at [phone] ext. 502.
Si erely,
for A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Department
Wilmington Regional Office, Water Quality Section
Pender County Soil and Water Conservation District
Permit File
.1X

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

:.;..-.. 6.
Existing swine dry lots may remain in wetlands as long as the wetlands uses are not
removed or degraded as a result of the swine. The swine however may not be confined
within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must
not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist,
the area must be managed to include crop rotation.
II, OPERATION AND MAINTENANCE_ REQUIREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2... A vegetative cover shall be maintained on all Iand application _fields- and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. Land application rates shall be -in accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result
in runoff during any given application.
S. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, Iettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not, apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations.
0

9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
`11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with.a CAWMP. When removal of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dikes and liners.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have one of the following items at all times (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third parry applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition II (4).
I11. MONITORING AND REPORTING REOUIREMENT5
1. An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to insure proper operation but at least
monthly and after storm events. For example, lagoons, storage ponds, and other
structures should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Any major structural repairs .(to lagoons or waste storage ponds) must have
written documentation from a technical specialist certifying' proper design and
installation. However, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications, no technical specialist approval is necessary
[i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
7

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

e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition V (3) of this General Permit.
f. Overapplying animal waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters.
g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface
waters or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after'normal business
hours, please contact the Division of Emergency Management at 1-800.858-0368.
The Permittee shall also file a written report to the appropriate DWQ Regional Office of
the occurrence within 5 calendar days following first knowledge of the occurrence. This
- - report shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the DWQ Regional Office.
IV. INSPECTIONS
Any duly authorized officer, employee, or representative of the DWQ may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecurity
measures, enter and inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this permit; may inspect and obtain a copy of any records
that must be kept under the terms and conditions of this permit; and may obtain -samples
of the animal waste, groundwater, soil, plant tissue, or surface water.
Z'. GENERAL CONDITIONS
The issuance of a COC under this permit shall - not relieve the Perminee of the
responsibility for damages to surface waters or ground waters resulting from the animal
operation.
2. The Permittee shall designate a certified animal waste management system operator to be
in charge (OIC) of the animal waste management system. The animal waste management
system shall be operated by the OIC or a person under the OIC's supervision.
3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-year, 24-hour storm
event plus an additional 1 foot of structural freeboard. In addition to the above
requirements, for new and expanding farms with Iagoon designs completed after
September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons
without an outside drainage area.
In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour
storm event and/or the heavy rainfall factor storage rcquirements for the system may be
designed into the lowest lagoon/storage pond in the system. However, adequate
freeboard must be designed into each of the upper lagoons/storage ponds to allow
sufficient storage to prevent the waste level from raising into the structural freeboard
while the storm water is draining into the lowest lagoon in the system.
5

,
4
4. Should the DWQ have good reason to believe that any activities conducted pursuant to '
this permit may cause or contribute any waste, directly or indirectly, to be intermixed
with the waters of the State, the DWQ may require any monitoring (including but not
limited to groundwater, surface water, animal waste, sludge, soil and plant tissue)
necessary to determine the source, quantity, quality, and effect of such waste upon the
waters of the State. Such monitoring, including its scope, frequency, duration and any
sampling, testing, and reporting systems, shall meet all applicable Environmental
Management Commission requirements. "Good Reason" may be based on the findings of
a related Federal, State, Commission or DENR authorized study or report, or other
evidence showing that violations of State water quality standards or other applicable
environmental standards have occurred or may occur.
5.. Failure to abide by -the conditions and limitations contained in this permit, the facility's
CAWMP and/or.any.000 issued under this permit may subject the Permittee to an
enforcement action by the DWQ in accordance with North Carolina General Statutes and
may include the requirement to obtain an individual non -discharge permit and/or the
modification of the animal waste management system
b. The issuance of a COC under this permit does not excuse the Permittee from the
obligation to comply with all applicable statutes, rules, regulations, or 'ordinances (local,
state, and federal).
7. If animal production ceases, the Permittee shall close the lagoons/storage ponds in
accordance with Natural Resource Conservation Service (MRCS) Iagoon/storage pond
closure standards or develop and implement an animal waste management plan in
accordance with NRCS standards. Closure shall also include notifying the DWQ and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ-
Water Quality Section- Non -Discharge Branch within 15 days of completion of closure.
8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for
revocation of the COC granting coverage under this General Permit.
9. FaiIure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are required in the CAWNIP, shall constitute grounds for revocation of
the COC granting coverage under this General Permit.
10. This permit allows for the distribution of manure up to 4 cubic yards per visit to
individuals for personal use.
2

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

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