710029_ENFORCEMENT_20171231

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Response to NOV-2017-1)V-0283
Administrative Code 15A NCAC2T .1304
J.K. Barnhill Topping 1
Permit No. AWS710029
Pender County
Response to Violation 1:
Immediately following discovery of the runoff at the J.K. Barnhill Topping 1 farm dirt was
added to the ditch in order to stop the flow of wastewater from the spray Field to the tributary. In
an effort to eliminate any possible recurrcncc of this issue we have been working to properly
aerate the land to avoid ponding and runoff during irrigation as well as more thoroughly
maintaining the grassed areas. We have also been in contact with the Soil and Water
Conservation Division proposing the construction of Slam Ditches which will allow the ditch to
be closed off if ever a discharge occurs. We propose to have these in place by the end of
December 2017.
Response to Violation 2:
In reference to this violation, aeration of the application field will assist in deterring any future
ponding or discharge. Going forward, we will also be shortening our land application rates in
order to give the wastewater adequate time to be absorbed by the land.
Below is a list of attachments sent to the Wilmington Regina] Office of the Division of Water
Resources to satisfy the requirements of the Swine Waste System General Permit. I have also
attached these documents for your records.
a) Press Release published in the Wilmington Star News (pg 7C) October 5, 2017 issue and
the Pender Post & Voice (pg I I A) October 5, 2017 issue- Sent to WIRO on October 3,
2017
b) Public Notice published in the Wilmington Star News (pg 7C) October 13, 2017 issue
and the Pender Post & Voice (pg I IA) October 12, 2017 issue- Sent to WIRO on October
7, 2017
c) 5 Day Written Report- Sent to WIRO on October 3, 2017
d) 72 Hour Waste Sample- Sent to WIRO October 13, 2017
e) Current Waste Report- Sent to WIRO on October 9, 2017

Water Resources
Environmental Quality
October 30, 2017
CERTIFIED MAIL 7017 1450 0000 3937 2830
RETURN RECEIPT REQUESTED
Mr. James K. Barnhill Jr.
J. K. Barnhill Topping 1
745 Piney Woods Rd
Burgaw, NC 28425
ROY COOPER
Governor
MICHAEL S. REGAN
Secrefo;y
S. JAY ZIMMERMAN
Director
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2017-DV-0283
Administrative Code 15A NCAC 2T .1304
J. K. Barnhill Topping 1
Permit No. AWS710029
Ponder County
Dear Mr. Barnhill:
On September 28,2017, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected the permitted waste management system of the J. K. Barnhill
Topping 1 in response to a complaint. We appreciate Mr. Barnhill being present and assisting us with the
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 l:
Failure in prohibiting a discharge to surface waters of the State in accordance with Condition L..I of the
Swine Waste System General Permit No. AWG 100000. 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.
DWR received a complaint and WIRO staff inspected the farm and found discharging animal waste into a
tributary to Big Branch.
—' Nothlny Compares'—,_.,_
State of North Carolina I 1 nvironmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386

NOV-2017-DV -0283
October 30, 2017
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.
AWG I00000.
During inspection, the land application field had animal waste ponded and it was determined to be the
source of the discharge into the tributary of Big Branch.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action(s) you will take or have taken to resolve
this issue.
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
you in order to prevent violations from occurring.
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 wish to provide additional information regarding the noted violation, request technical assistance,
or discuss overall compliance please respond in writing within ten (10) business days after receipt of this
Notice. A review of your response will be considered and you will then be notified of any civil penalties
that may be assessed regarding the violations. If no response is received -in this Office within the 10-
day period, a civil penalty assessment may be prepared. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
"mac
JimTregvson, Regional 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
Sam Edwards, NCDA (via Email)
DWR Wilmington Animal Files 71-29
G:1WQ1SharedlANIMALSIPENDER12017171-29 NOVREF

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Nancy Avery, Town Clerk
Notification of wastewater Spill
in Pender County
House Bill 1160, which the General
Assembly enacted in July 1999, re-
quires that municipalities, animal
operations, industries and others
who operate waste handling sys-
tems issue news releases when a
waste spill of 1,000 gallons or more
reaches surface graters.
In accordance with that regulation,
the following news release has
been prepared and issued to mer"=
e affected count ies), Pei
in the y4
County.
The Barnhill -topping Farm of' A. -
son had a wastewater spill Sept -
ber 28, 2017 of an estimt
1 .. o gallons s from a spray fie°c; on
S1o�u I n Trail. The untreated
wastewater spilled into an Un-
named tri`g,jtar�y that flows to Big
Branch Str -ari) in the ('�,i e Feat_
ROYer Basin..
The Division of Water Resources
was notified of the event on Sep-
tember 28, 2017 and is reviewing
the matter, For information contact
the- Barnhill Tapping Farrn at
[phone],
NOTICE of FILING OF
APPLICATION FOR LAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental
posed to
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cent to B
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Notice

Womb I
anding area NOTICE To
ess. Please CREDITORS AND
IN csy (p) STATE OF NORYH CgR�apS
FENDER COU DNA,
IN THE �'Y
GENERAL COURT OF
in SUPERIOR COURT JUSTICE
Having qualified DIVISION
the estate of WilliamHerbertfor of
ardson, deceased, of Pender is to notify all my
nder cou
file, in- claims against the a sat estate. of h
avin9
tile, dry- cedent, William He
said de -
pressure
Richardson,
to resent them to the undersigned
jobs are A
for free on or before January 11, 2018
Light Wood Knot Road at 114
NC 28457 or be barred from rec very
All persons indebted to said ever)'.
please make immediate estate,
This the 5th day of payment.
October 2017.
Cheryl Richardson Fales
AWN, 995 Hickory Drive NE
atden Leland, NC 28451
. Call #7948 10/5, 10112, 10/19, 10/26/17
NOTICE TO
CREDITORS AND DEBTORS
STATE OF NORTH CAROLINA,
PENDER COUNTY
IN THE
GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
Having qualified as Executor of
the estate of Robert Andrew Pinto,
deceased, of Pender County, This
is to notify all persons having claims
against the estate of said decedent,
Robert Andrew Pinto. to present them
to the undersigned on or before Janu-
ary 11, 2018 at 232 Lanier Avenue,
Rocky Point, NC 28457 or be barred
from recovery. All persons indebted
to said estate, please make immedi-
ate payment.
This the 5th day of
October 2017.
Julia P. Stephenson
232 Lanier Avenue
Rocky Point, NC 28457
#7949 10/5, 10112, 10119, 10126/17
snel
fun
Notification of Wastewater Spill In Pender County
House Bill 1160, which the General Assembly enacted in July 1999,
requires that municipalities, animal operations, industries and others who
operate waste handling systems issue news releases when a waste spill of
1,000 gallons or more -reaches surface waters.
In accordance with that regulation, the following news release has been
prepared and issued to media in the affected county (ies): Pender County.
The Barnhill Topping Farm of Atkinson had a wastewater spill September
28, 2017 of an estimated 15,000 gallons from a spray field on Slocum Trail.
The untreated wastewater spilled into an unnamed tributary that flows to Big
Branch Stream in the Cape Fear River Basin.
The Division of Water Resources was notified of the event on September
28, 2017 and is reviewing the matter, For information contact the Barnhill
Topping Farm at [phone]. EMEIVE
#7951 1015117
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Lease make imme- Executor, of the estate of a ERAS LuUF
New G -f
the uridersi n.ed. � Thomas, TRI.CT COW;
9 deceased, late
of September, Hanover County, North Carolina,. Dls - pF M[
vind CpUN .
es
Ir
EN,
this is to notifyall persons .'ha. O. 1T jT
t D. Ma hew, Sr. claims against estate to;, Are- F1L6 N. -
on or �. f
of the state of sent them to the undersigned ., RE. MATEj4
ahuary,
Ida Q. Mayhew before the -15th da of 1 d IN 'fICF OF
Y�
LLP
01 1
REDITORS
'Executor of the
,hew, late, of
mover County,
I ndersigned
If persons,
ns having
state of said
hem in care of
010 Parkway
r 28412 on o�-
12011 or this
inbar.of�--
rrsons, firms a'd
I. to 'the said
:e-immediate
signed..- This
ber, 2017. - .
Executor of
yh'ew, . Doug-
MAWEN;
Imington,, NC
kutor of'the
Burney. late,,
y Hanover
, the under-
)tify all p.wer-
Lions havingg
Late of Id
min ref
care o
2018; 'or this notice will be. pleade NO
in bar of their recovery. All person5 TIN
indebted to _said -estate, will:'pleaset
make immediate payment 'to' the HUA qL
.undersigned. ,` Toes i
-This- the 6th--day of•October, '2017..:.• .4 i
Larry Stukes, Executor .TAKE NOTICE
1215 Milton Place q piyeading , s
Wilmington, NC 28405 ,, ` p rental R�gl
. .led in
_ •been. �fi i
NOTICE OF DISCHARGE tion. and Not
OF ANIMAL WASTE Publ1+
The Barnhill Topping,I=arm 3968f ;essy by
Slocum Trail-, A ,sn had."'a"' dis-:' ber.:ar
�01
charge from runoff after irrigation.,-' and. - .are not
of a roximatel .1 � 00- �allns of appQ1nted c
AA Y ._ 5►4 9 to, appointe
untreated ' wastewater. The.. dis-, counsel has
charge occurred on.. September' 27,
resent you
"2017 around, 30m: The untreated<
,wastewater. entered, a .- .drainage- pro�isivnal
ditch -that`: _flows to B-1g, ;Branch viewed byy
. hearing afte
. Stream in the . Cape Fear .River Ba You are re
. sin : Upon notification immediate'
action was taken to contain the, to such pie
runoff. ,In an,effort, to eliminate any (:40} days a
possiblllty of future . discharges, -no�elng
ublication
Irrigation will occur -until: the land forty
has been properly' assessed and re- 13, 2417,
formed. NCDENR was notified 0].7
. feed of the , and
incident on September. 28, zp,7 so the art.
.and is reviewing- the matter, Far you wiF ap
more information, Contact James K. relief sougi
Barnhill 910-540,.3273: our paren
.EXECUTOR NOTICE ate
STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER
The undersigned havin
T a Car
h Is the IC
.aura s, C
230 N, Bel
Southern 1

--I ff i i I�Sf\L.i i F 1i 1 IV.1A—
ate payment.
This the 5th day of
October 2017.
Julia P. Stephenson
232 Lanier Avenue
Rocky Point, NC 28457
#7949 10/59 10/12, 10/19, 10/26/17
rro IaX, A Division of
Sherman & Rodgers, PLLC
PCB Box 250
Burgaw, NC 28425
910-259-2615 (tel)
[e-mail]
#795310/121 10/19, 10r26/2017
NOTICE OF
DISCHARGE OF ANIMAL WASTE
The Barnhill Topping Farm, 3968 Slocum Trail, Atkinson had a discharge
from runoff after irrigation of approximately 15,000 gallons of untreated waste-
water. The discharge occurred on September 27, 2017 around 3prn. The.
untreated wastewater entered a drainage ditch that flows to Big .Branch Stream
in the Cape Fear River Basin. Upon notification immediate action was taken to
contain the runoff. In an effort to eliminate any possibility of future discharges,
no irrigation will occur until the land has been properly assessed and reformed.
NCDENR was notified of the incident on September 28, 2017 and is reviewing
-the matter. For more information, contapt- fames K.,Parnhtll,.�1Q-54t�,-.327�.
• ..,.+:,yes r.- ., t-_:._.,:..��.L�.,.4;ra';. _. 'r-::�.a.. _- _ _,. ,,.6,, s i:vdY:r.i `'�K,�.':n aii.. .., ,- �'tsiiW�.�:+;•:::,r�a-..
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7E^'(,�(, ,o
Received by -
N.C. DIVISION OF....WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Ctti1'5��� L•��• �Sa��k"'V Date
Emergency Complaint City County,
Time
Report Received From C�' 'f l�.h 1-c a^ t7c�� tr p-cam //;rc <a'"' (21uj^ f c LbaG
Agency Phone No.
Complainant
Address Phone No.
Check One: Fish Kill Spill Bypass Animal NPDES N.D.
Sto)mwater Wetland Other, Specify:
Nature of Referral
Time and Date Occurred
Location of Area Affected
Surface Waters Impacted Classification
Other Agencies Notified II
Investigation Details 7I 2't Z-71- f� h r s r ec,'«,�
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1, es f c��7 tT 0 ej A
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ry 1 ,4 e t ,i,2,Z41A / --, 4ct-c/z
S;1WQS%SHELLS%REP0RT.SHL
EPA Region 1V [phone] Pesticides 733-306 Emergency Management 733-3867 Wildlife Resources 733.7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343.4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] Fax [phone]

NJlqn7 0J d/ -7 1 f5--.► -�j a -7

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E Skvarla, ///
Governor Director Secretary
January 22, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010-0290-0003-0834-2977
James Kenneth Barnhill
J. K. Barnhill Topping 1
745 Piney Woods Rd
Burgaw, North Carolina 28425
Subject: NOTICE OF VIOLATION
NOV-2014-PC-0007
Administrative Code 15A NCAC 2T . 13 04
J. K. Barnhill Topping I No. 71 - 29, Permit No. AWS710029
Pender County
Dear James Kenneth Barnhill:
On December 12, 2013, staff of the NC Division of Water Resources (DWR) inspected the J. K. Barnhill Topping
I and the permitted waste management system. We wish to thank a representative of Mr. James Kenneth
Barnhill, who was present and assisted us during the inspection.
Asa result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in
violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General
Permit No. AWG100000 as follows:
Violation 1:
Failure to record all irrigation and land application event(s) in accordance with Condition Ill. 6 of the Swine
Waste System General Permit No. AWG100000.
On December 12, 2013, staff was notified of missing waste application records from April 2013 to September
12,013.
Required Corrective Action for Violation 1:
)Tease provide to our office, a description of the corrective action you will take to prevent this from occurring
again.
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCaroliina
Phone: [phone] / FAX: [phone] �atura�r(�
Internet: www.ncwateraualit5��rg
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper

J. K. barnn111 lopping 1
Notice of Violation
71-29
January 22, 2014
Page 2 of 2
You are required to provide a written response to this Notice by February 21, 2014. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
If you have any questions concerning this Notice, please contact John Farnell at (910)796-73 $$.
Sincerely,
Ji egson
Regional Supervisor
North Carolina Divison of Water Resources
cc: APS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 71-29
G:IW QISHARED/ANIMALSIPENDER12014171-29NOV
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
lntemel: www.ncwat r ualit .or
An Equal Opportunity/Affirmative Action Employer
50% Recycled/10% Post Consumer Paper
One
NorthCarollna
Natz call#
Customer service 1-877-623-6748

Tel: [phone]
RICHARD L. BURROWS
ATTORNEY AT LAW
P. O. BOX 816
WALLACE, N.C. 28466-0816
E-MAIL: [e-mail]
February 27, 2014
Mr. Jim Gregson
Regional Supervisor
North Carolina Division of Water Resources
127 Cardinal Drive
Wilmington, North Carolina 28425
Re: NOV-2014-PC-0007
J. K. Barnhill Topping 1 No. 71029,
Permit No. AWS710029
Dear Mr. Gregson:
Fax: [phone]
By Telefax: [phone]
E-Mail: www.ncwaterquality.org
h
MAR D 6 20%
BY:
Mr. Barnhill sought our assistance in responding to your letter of January 23, 2014,
which he received on February 11, 2014.
As you may be aware, the farm's waste application records were maintained in the farm
office building. Early in the morning Mr. Barnhill's employee discovered and notified Mr.
Barnhill that someone had broken into the building by forcing the door open, and had taken
some of the farm tools. A further investigation by Mr. Barnhill revealed that the composition
book in which Mr. Barnhill made his handwritten notes of the waste application dates, times, and
pulls/fields, which he then regularly kept on the desk, was also missing. Mr. Barnhill's practice
was to periodically provide a copy of the handwritten notations to Mr. William Burke, who used
the provided data to calculate the final waste application records produce waste application
records in the required form. Those calculated printed pages of waste application records were
also maintained in the composition book that was taken.
Mr. Barnhill has asked Mr. Burke to provide him with copies of all of his waste
application records, and will maintain a copies of those records, along with his handwritten
notations, both in his farm office and his home to assure their immediate availability in the
future.
Mr. Barnhill has advised me that he is at a loss as to why someone who wanted to steal
tools, would also take the book containing the waste application records, other than the fact that
the composition book was always kept in a conspicuous place on the desk.

PAGE 2.
Mr. J. Gregson
Although Mr. Barnhill was advised by a DWQ representative that it would acceptable for
the waste application records to be maintained at his home, I have advised him to also keep a
copy of the records in his farm office.
If you wish or need any additional information, please advise.
I am,
Very y yours,
Ric d L. Burrows
cc:. Mr. J. Kenneth Barnhill, Jr.

WaterResour..es
4i!Vir.ONV,i'.KTAL ou.n�!75'
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 9060
James Kenneth Barnhill
745 Piney Woods Rd
Burgaw, NC 28425
PAT MCCRORY
DONALD R. VAN DER VAART
srr,•era,••:
S. JAY ZIMMERMAN
April 27, 2016 DireLk.r
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-0114
Administrative Code 15A NCAC 2T .1304
J. K. Barnhill Topping 1 71-29, Permit No. AWS710029
Pender County
Dear Mr. Barnhill:
On March 3, 2016, staff from the Wilmington Regional Office (W1RO) of the Division of Water Resources (DWR)
visited the J. K. Barnhill Topping 1 Farm and the permitted waste management system. We wish to thank Mr.
Barnhill for being present and assisting us during 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.
AWG 100000 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 It. 5 of the Swine Waste System General Permit No. AWG100000.
On March 3, 2016, staff from DWR received a referral from Martin Mclawhom with the North Carolina Department
of Agriculture and Consumer Services. DWR staff inspected the land application field and observed animal waste
ponding on the field.
Violation 2:
1 Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of the failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge, required in accordance with Condition
III. 13 of the Swine ,Waste System General Permit No. AWG 100000.
Personnel at the DWR office did not receive any notification from Permittee.
State of North Carolina � Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
. 919 796 7215

Kenneth Barnhill
04/27/2016
71-29
Required Corrective Action for Violations:
Page 2 of 2
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 27, 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 David P well at [phone].
I
Jim. Greg , I 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 71-29
G:\\WQ\SHAREDIANIMALS\PENDER\2016\71-29NOVREF
U.S. Postal Service,.
CERTIFIED MAILrM RECEIPT
{Domestic Mail Only; No Insurance Coverage Provided)
For delivery Information visit our website at www.usps.com,'
_ C�N)F�I�:IAL US
_
w
PS Form 38r3, August 2006 See Reverse for Instructions

envirochem
5M
ANALYTICAL & CONSULTING CHEMISTS
i
Environmental Chemists, Inc.
6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax
710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax
255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax
[e-mail]
NCDENR-DWR Date of Report: Mar 23, 2016
127 N. Cardinal Drive Ext. Customer PO #:
Wilmington NC 28405 Customer ID: 09010049
Attention: David Powell Report #: 2016-02895
Project ID: 71-29
Lab 1D Sample ID: Collect Date/Time Matrix Sampled by
16-06816 Site: Sample 1 3/3/2016 1:20 PM Water Client
Test Method Results Date Analyzed
Ammonia Nitrogen
Total Phosphorus
Fecal Coliform
Total Nitrogen (Calc)
Total Kieldahl Nitroqen (TKN)
Nitrate+Nitrite-Nitrogen
Total Nitrogen
Lab,ID Sample ID:
16-06817 Site: Sample 2
EPA 350.1 203 mg/L 03/08/2016
SM 4500 P F 9.88 mq/L 0311812016
SM 9222D MF 49000 Colonies/1 00m L 03/03/2016
EPA 351.2 305 mq/L 03/22/2016
EPA 353.2 0.26 mq/L 03/07/2016
Total Nitrogen 305 mg1L 03121/2016
Collect Date/Time Matrix Sampled by
3/3/2016 1:30 PM Water Client
Test Method Results Date Analyzed
Ammonia Nitrogen
EPA350.1
17.1 mq/L
03/07/2016
Total Phosphorus
SM 4500 P F
0.82 mg/L
03/14/2016
Fecal Coliform
SM 9222D MF
361 Colonies1(100mL
03/03/2016
Total Nitrogen (Calc)
Total Kieldahl Nitroqen (TKN)
EPA351.2
17.2 mq/L
03/12/2016
Nitrate+Nitrite-Nitroqen
EPA 353.2
16.1 mq/L
03/08/2016
Total Nitrogen
Total Nitrogen
33.3 mq/L
03/17/2016
Comment:
Reviewed by:
RECEIVEDINIDDENRIOWR
AP,R 0 4 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
Report #:: 2016-02895 Page 1 of 1

rr
Analytical & Consulting Chemists
ENVIRONMENTAL CHEMISTS, INC
NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729
COLLECTION AND CHAIN OF CUSTODY
6602 Windmill Way Wilmington, NC 28405
OFFICE: 910-392-0223 FAX [phone]
infatMnA ronmentalchemists.com
CLIENT: C -
PROJECT NAME: ) -- Z
REPORT NO: co -rd-�5q
ADDRESS: fc-g f`
CONTACT NAME: �wv� /owe-I(�n�.;, -�%�/„��
PO NO:
REPORT TO: 5 I1 „ - .ern e //
PHONEIFAX: 110 7'71o. 2-�
COPY TO:
email: r, , It ©ALc1 rn r.�
Sampled By: SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other:
Sample Identification
p
Collection
T
.
o,
n `o
o"
m
.5 `o
Ud
m
_`o w
( E
m m
_jZ
PRESERVATION
ANALYSIS REQUESTED
Date
Time
Temp
w
x
n
=
.,
=°
x
Z
o
x
w
101
j t,
C?� Y.
C
P
u
t
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
C
P
G
G
Transfer
Relinquished By:
Datelrime
Received By:
Datelrime
7.
13 /G
2.
v
Temperature when
`Delivered By: Received By:
Resample Re ue ted:
LDate• Time:

Date of Visit: Arrival Time: ❑ Departure Time: County: Region:
Farm Name: Owner Email:
Owner Name:
Mailing Address:
Physical Address:
Facility Contact:
Onsite Representative: nn
Certified Operator:
Back-up Operator:
Location of Farm:
Title:
Latitude:
Phone:
Phone:
Integrator:
Certification Number:
Certification Number:
Longitude:
Design Current Design C►urrent
Swine Capacity Pop. Wet Poultry Capacity Pop.
Wean to Finish Layer
Design
Cattle Capacity
Dairy Cow
Current
Pop.
Wean to Feeder I INon-Layer
1
Dairy Calf
Feeder to Finish
Farrow to Wean Design Current
Dairy Heifer
Dry -Cow
Farrow to Feeder Dr, P,ouitr, Ga licit I;oINon-Dalry
Farrow to Finish I Layers
Beef Stocker
Gilts
Non -Layer
Beef Feeder
Boars
Pullets
Beef Brood Cow
Other
Other
keys__
Turkey Pouits
Other
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other: _
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWR)
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 DWR)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes u No ❑ NA ❑ NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
❑ N E
❑Yes ❑No ❑NA ❑NE
❑Yes No ❑NA ❑NE
[:)Yes FNo ❑ NA ❑ NE
Page 1 of 3 21412015. Continued

Facility } jtunber: - Date of Inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes to ' ❑ NA ❑ NE
a. Ifyes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
2A
Structure 3 Structure 4 Structure 5 Structure 6
5. Are there any immediate threats to the integrity of any of the structures observed?
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
waste management or closure plan?
❑ Yes Ea<o ❑ NA ❑ NE
[:]Yes [/No ❑ NA ❑ NE
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 9_�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 Apolication
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes <o ❑ NA ❑ NE
jmaiienance or improvement?
1Iere evidence of incorr�2H
ndapplication? If yes, check the appropriate box below. Yes ❑No ❑ NA ❑ NE
xcessive Ponding ydraulic 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
[ [ 0
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
[31N" o
❑ NA
❑ NE
16. Did the facility tail to secure and/or operate per the irrigation design or wettable
❑ Yes
[D-No
❑ NA
❑ NE
acres determination?
No
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
❑40
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑ No [] NA E] NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA NE
the appropriate box.
❑WUP ❑Checklists [:]Design [—]Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA [3 NE
❑ 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 ❑ NAB
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA eNE
Page 2 of 3 21412015 Continued

>EaaIli mtmber: 7 - Date of Inspection:
214`-6id the facility fail to calibrate waste application equipment as required by the permit? [] Yes ❑ No D NA
25. is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No DNA 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 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 ❑ E<A-
No❑ NE
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)
❑ Yes [:]No [DNA ONE
❑ Yes No ❑ NA ❑ NE
�es❑ No ❑ NA ❑ NE
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Yes ❑ No
❑ NA
21E
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes ZJ No
❑ NA
❑ NE
33. Did the Reviewer/inspector fail to discuss review/inspection with an on -site representative?
❑ Yes No
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes No
❑ NA
0 NE
Comments (refer,.to question ft Explain any YES answers and/or any additional recommendations or any other comments.
Use drawings of facility to better explain situations (use.additional pages as necessary),
p9n t I r`2 f,Ott
310
H0)�ouse-6c&.rr-e t I �
wov
Reviewer/Inspector Name:
Reviewer/inspector Signature:
Page 3 of 3
-�> � PC,, L.__
0�-M N 4 L D Ki^
PwA
' L d L, � C'rn (V'C_ A�_)
n FC4.- — CO ( Phone: e7f o 7V 2jo y
Date: �6
21412015

Water Resources
ENVIRONMENTAL QUALITY
April 27, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 9060
.lames Kenneth Barnhill
745 Piney Woods Rd
Burgaw, NC 28425
PAT MCCRORY
Ciorenwr
DONALD R. VAN DER VAART
Secw1my
S. JAY ZIMMERMAN
UFrectur
RECEIVED/NCDENR/DWR
. JUN 0 6 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-0114
Administrative Code 15A NCAC 2T .1304
J. K. Barnhill Topping 1 71-29, Permit No. AWS710029
Pender County
Dear Mr. Barnhill:
On March 3, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR)
visited the J. K. Barnhill Topping 1 Farm and the permitted waste management system. We wish to thank Mr.
Barnhill for being present and assisting us during 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.
AWG 100000 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 II. 5 of the Swine Waste System General Permit No. AWG 100000.
On March 3, 2016, staff from DWR received a referral from Martin Mclawhorn with the North Carolina Department
of Agriculture and Consumer Services. DWR staff inspected the land application field and observed animal waste
ponding on the field.
Violation 2:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of the failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge, required in accordance with Condition
III. 13 of the Swine Waste System General Permit No. AWG 100000.
Personnel at the DWR office did not receive any notification from Permittee.
State of North Carolina i Department of Environmental Quality i Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
. 919 796 7215

Kenneth Barnhill Page 2 of 2
04/27/2016
71-29
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 27, 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 David P well at [phone].
Jim Gre al Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
cc: AP5 CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 71-29
G:11WQ1SHARED/ANIMALSIPENbER12016171-29NOVREF

r r `
Responding to the notices of violations, my response is as follows:
As to lagoon level observed on February 25, 2016, that came as a complete surprise to
me, because on the 22nd it was at 22, when we called it in to Smithfield. I am in the process of
obtaining those records and will send them within a few days to add to this response. Had we
known that the level was reportable, we would have reported it to you, as well as to Smithfield,
which we are required to do for both you and Smithfield..
As to the ponding observed by your representative on March 3, 2016, attached is a copy
of our spray records on March 1, 2016. As you can see, we sprayed the field in question for a
very short period of time, and had no ponding then. Also attached is a copy of our rainfall
recordings, showing 4/1 Oth of an inch on March 1, which occurred after we sprayed, and again 1
and 1/10 of an inch of rainfall on March 3, 2016, which occurred before your inspection. The
ponding was the result of the rainfall, not spraying waste, because no spraying had occurred in
that field since March 1, 2016. Also, I would like to point out that although the pond you
observed in that field at that location was there, there was no other ponding in the area of the
field that had been sprayed, which indicates that the ponding was the result of excessive rainfall,
not waste spraying. I would also like to point out that since you indicated someone had notified
you that my traveler had stopped, I had someone in the immediate area of the spraying at all
times, and it did not stop. As further evidence that it had not stopped, when a traveler stops
while spraying is being conducted, the impact of the water hitting the vegetation beats it down,
and that was not present in the area of the ponding.

2016
�ood rood. 'f2esportsiE7l�j
Farm -
Daily Rainfall/Weekly lagoon level Record
January
Freeboard
Structural
. Check
February Freeboard
Structural
Check
SUN
MON
TUE
I WED
THU
FRI
SAT
SUN
MON
TUE
WED
THU
FRI
SAT
1
2
1
2
3
4
a
5
6
�'�
3
4
Is
6
7
8
9�/�
8�
9
120
11
12
73
10
11
12
13
14
15
16
14
15
16
17
18
19
20
17
18
3��
19
10
21
22
�2
23
21
2�
Xo
23)
24
25
26
27
24
25
26
27
28 /
29
30
2a
29
31
March Freeboard
Structural
Check
April
Freeboard
Structural
Check
SUN
1 MON
TUE
WED
THU
FRI
SAT
SUN
MON
TUE
WED
THU
FRI
SAT
7 t
p�
2
3 3.
I
4
5
15
//o2
�D
5
7
a
9
10
11
12
3
4
5
6
7
/D
8
9
13
34
15
16
17
18
19
10
11
12.E
23
34
35
26
.
20
c
2I'
22
23
24
25
'�f a
26
17
18
19
20
21
22�j
X&
23
70
27
�v
28
29
30
31
24
25
26
27
28
29
3o
May
Freeboard
Structural
Check
June Freeboard
Structural
Check
SUN
MON
TUE
WED
THU
FRI
SAT
SUN
F MON
TUE
WED
THU
FRI
SAT
3
4
5
6
7
1
2
3
4
a
9
10
21
1�(J//
13�
I4.�
5
6
7
a
9
i0
11
15
16
17
to
18
19
20
��
21 '/�
12
13
14
15
16
17
18
IX23
,pr
24
25
26
27
28
19.
20
21
22
I3
24
25
29
30
31
26
27
28
29
30
Kecora raintatj oanv. it oauv ramtau totals x inch or ereater. invai in box that lagoon inteerity has been cnectceo. it

FORM IRR-1 Lagoon Liquid Irrigation Fields Record
For Recording Irrigation Events on Different Fields
Farm Owner
Operator
Facility Number %/ - °.? 9
Tract &
Field #
Date
(mm/ddtyr)
Crop
Type
Field Size
(acres)
Irrigation Time
# Sprinklers
Operating
Operator
Initials I
'Weather
Code
'*Inspections
(initials)
Start Time
End Time
Total Minutes
�2•1
Xbv
jd:tea
«v
3 1 I
a-3, c.
j -2Se.)
-A- v
�
el
!d
• * Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
"* Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes.
Note: If conditions beyond the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse.
3/14/2003

PAT MCCRORY
�n
Water Resources
ENVIRONMENTAL QUALITY % r •!
Q v ) t2� April 08, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 9039
James Kenneth Barnhill
3442 N Fork Drive
Conway, NC 29526
DONALD R. VAN DER VAART
Sc'1; re;a;y
S. JAY ZIMMERMAN
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-0114
Administrative Code 15A NCAC 2T .1304
J. K. Barnhill Topping 1 71-29, Permit No. AWS710029
Pender County
Dear Mr. Barnhill:
;mecca,
On March 3, 2016, staff from the Wilmington Regional Office (W1RO) of the Division of Water Resources (DWR)
visited the J. K. Barnhill Topping 1 Farm and the permitted waste management system. We wish to thank Mr.
Barnhill for being present and assisting us during 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.
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. AWG 100000,
On March 3, 2016, staff from DWR received a referral from Martin Mclawhorn with the North Carolina Department
of Agriculture and Consumer Services. DWR staff inspected the land application field and observed animal waste
ponding on the field.
Violation 2:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of the failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge, required in accordance with Condition
II1. 13 of the Swine Waste System General Permit No. AWG100000.
Personnel at the DWR office did not receive any notification from Permittee.
State of North Carolina I Department of Environmental Quality j Division of Water Resources
127 Cardinal Dive Ext., Wilmington, NC 28405
919 796 7215

Kenneth Barnhill
04/10/2016
71-29
Page 2 of 2
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 11, 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 David Powell at [phone].
Jim regson, Regional Supe isor
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 Fifes 71-29
G:11WQ1SHAREDIANIMALSIPENDER12016`71-29NOVREF
r
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.cornv
OFFICIAL U S E
_
i � A- "
_XVIVW�m . ....... .......
MEN.�
-� -
PS Form 3800, August 2006 See Reverse for Instructions

Wa ter Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 9039
James Kenneth Barnhill
3442 N Fork Drive
Conway, NC 29526
PAT MCCRORY
Garemur
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
April 08, 2016 nrrech,r
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-01 14
Administrative Code 15A NCAC 2T .1304
J. K. Barnhill Topping 1 71-29, Permit No. AWS710029
Pender County
Dear Mr. Barnhill:
On March 3, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR)
visited the J. K. Barnhill Topping 1 Farm and the permitted waste management system. We wish to thank Mr.
Barnhill for being present and assisting us during 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.
AWG 100000 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 I1. 5 of the Swine Waste System General Permit No. AWG 100000.
On March 3, 2016, staff from DWR received a referral from Martin Mclawhorn with the North Carolina Department
of Agriculture and Consumer Services. DWR staff inspected the land application field and observed animal waste
ponding on the field.
Violation 2:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of the failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge, required in accordance with Condition
Ill. I3 of the Swine Waste System General Permit No. AWG 100000.
Personnel at the DWR office did not receive any notification from Permittee.
State of North Carolina j Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Exc, Wilmington, NC 28405
919 796 7215

Kenneth Barnhill
04/ 16/2016
71-29
Required Corrective Action for Violations:
Page 2 of 2
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 11, 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 David Powell at [phone].
C)--
Jim regson, Regional Supe �isor
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 71-29
G:IIWQISHARED/ANIMALSIPENDER12016171-29NOVREF

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Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of) nvironment and Natural Reso UTCCS
July 7, 2005
CERTIFIED MAIL # 7004 0750 0000 5300 3549
RETURN RECEIPT REQUESTED
James Kenneth Barnhill
745 Piney Woods Rd.
Burgaw, NC 28425
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
J.K. Barnhill Topping 1
NPDES Permit No. NCA271029
Pender County
Dear Mr. Barnhill:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition I1I.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March I of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form for the year
2004 as required by your NPDES permit. To avoid possible enforcement action for a violation
of your permit, return by thirty (30) days to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
NorthCarolina
,11 aturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: httpa/h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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Barnhill
' Page 2
w July 7, 2005
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned within thirty (30) days. The Division of Water Quality has the authority to levy a civil
penalty of not more than $25,000 per day per violation. Information submitted will be reviewed
and, if enforcement is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Chester Cobb at
[phone] or Keith Larick at [phone].
Yours very truly,
Qr-,z�71 'J��
Charlie Stehman
Environmental Supervisor I
cc: DWQ Wilmington Animal Files 71-29
APS Central Files
Premium Standard Farms, Jeremy Hill
John College, DSWC-WiRO
Jason Turner, Pender County Soil and Water Conservation District
S:1WQSIANLMALSIPENDER12005171-29 NOV

State of North Carolina
Department of EnvironmentIT4
and Natural Resources
•
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Wilmington Regional Office
��
.fames B. Hunt, Jr., Governor
NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
July 24, 2000
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REARN RECEIPT 'Edff ED
Mr. Haywood Debnam
Haywood Debnam Farm
P.O. Box 55
Atkinson, NC 28421
Subject: Notice of Deficiency
Haywood Debnam Farm
Facility Number: 71-29
Duplin County
Dear Mr. Debnam:
This leit� -� is to notify Mr. Haywood ".,F:�nam who holds a Certificate of Coverage AWS71029 under
Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1,
of deficiencies of the General Permit.
On April 19, 2000 r. Dean Hunkeie and Ms. Greer McVicker from the Wilmington Regional Office
�fi�i:`�!l:ic,i(` ;ir�l�/.+t'zr^t 'Ii�;f i iv,r�F;�-��n :� L7�fl c: '�tlla in � �• ♦c, .i�.�.;..
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a': ;,,'-`.:3 is, , ;F.." i;6-' of Pa .III Mon; toring and Repurting Re.-I:lirentents, Seciion 4; rofthe i�t� :c:±�
which requires analysis of the animal waste to be conducted as close to the time of app�li,.*J.;o r:v
practical and at lest within 60 day (before or after) of the date of application. It was also noted during the
inspection that your General Permit was not readily available, this is a deficiency of Part I Performance
Standards, Section 5 of the General Permit, which requires a copy of the General Permit, Certificate of
Coverage, certification forms, lessee and landowner agreements, and the CAWMP to 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. Also, debris in your lagoons was
observed during the inspection, this is a deficiency of Part II Operation and Maintenance Requirements,
Section 12, which requiresthat lagoons/storage ponds be kept free of foreign debris including, but not limited
to, tires, bottles, light bulbs, gloves, syringes or any other solid waste.
Your CAWMP should be revised so that it matches your irrigation design completed on April 19,
1999. Submit your current CAWMP and irrigation design to your local Soil and Water District Office for
127 North Cardinal Dr., Wilmington, North Carolina 28406 Telephone [phone] FAX [phone]
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Mr. Haywood Debnam
July 24, 2000
Page 2
assistance with this. A new aerial map of your farm should be attached to farm records, your district office
can also be of assistance with supplying this for you. These are components of your CAWMP and
deficiencies of Part I Performance Standards, Section 2 which requires that the CAWMP be consistent with
all applicable statutes, rules, and standards in effect at the time of siting, design and certification of the
facility. It was also observed that spayfield, Pulls 7-14 need better drainage. I recommend adding drainage
tile, or forming a waterway for better water diversion in the areas of the fields that hold water. Contact your
local Soil and Water District office for assistance.
Please submit a Plan of action to the Wilmington Regional Office of the Division of Water
Quality which addresses the noted deficiencies. The Plan of Action should include a list of any and all
modifications that have been and will be implemented to prevent future deficiencies along with a
timetable for completion of the modifications.
The proposed written plan of action must be received by this office within fifteen (15) days of the
receipt of this notice. Upon approval and implementation of the plan, you must notify this office when
the corrective actions are complete. Contact your Service Company, county Soil & Water district office,
or county extension office for any assistance they may be able to provide.
If the deficiencies are not corrected, the Division of Water Quality may issue a Notice of
Violation and pursue additional actions including civil penalties, injunctive relief, or permit revocation.
If you have any questions concerning this matter please do not hesitate to contact Mr. Dean
Hunkele or myself at [phone].
Sincerely,
,4.,- 2re"I"
Greer McVicker
Environmental Specialist
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