240005_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

W A T�RQG ' ik
f!J 7
� Y
MEMORANDUM
Michael F, Easley, Governor
William G. Ross It., Secretary
North Carolina Department or Environment and Natural Resources
TO: Dennis Lund, Environmental Engineer
Animal Feeding Operations Permitting and Compliance Unit
FROM: Chester Cobb, Environmental Specialist��,
Wilmington Regional Office
THROUGH: Charles F. Stehman, Regional Environmental Supervisor II
Wilmington Regional Office
SUBJECT: Enforcement Report
Herbert Swain
Grassy Lane Farms I and
Facility Number: 24-5
Columbus County
DATE: July 2, 2007
Coleen H. Sullins,Director
Division of Water Quality
Please find attached the subject enforcement report concerning the discharge at Grassy
Lane Farms I and li. On February 14, 2007, i received a phone call from Mr. John
College with the Division of Soil and Water Conservation of animal waste in ditch off of
Highway 211. Upon arrival, Chester Cobb took pictures and water samples of the
waste discharge into the drainage canal by Highway 211. The discharge originated
from a sprayfield at Grassy Lane Farms I and it that received waste from 6:00 pm to
11:30 pm the day.
A Notice of Violation and Recommendation for Enforcement (Case # NOV-2007-DV-
0024) was issued on March 27, 2007 for the discharge, hydraulic overload, failure to
properly inspect sprayfield, and failure to notify. A response from the Farm was
received on April 5, 2007.
The Wilmington Regional Office is recommending that appropriate civil penalties be
assessed in accordance with G.S. 143-215.6A(a)(2). It is also recommended that all of
the enforcement costs incurred in the investigation be recovered in the amount of
$1,029.00 pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). Our
recommendations are as follows:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington. NC 2840- FAX [phone] €-877-623.6748
An Equal Opportunity/Affirmative Acfign Employer - 50% Recycfedil0% Post Consumer Paper
Nn ltttcarohna
,NlatumlIll

uenrns Luna
Page 2 of 2
July 2, 2007
DECISION:
Accordingly, Mr. Herbert Swain is hereby assessed a civil penalty of:
$ 3,000 for making an outlet to the waters of the State without a permit as
required by G.S. 143-215.1.
$ 1,000 for violating Condition No. II. 4 of NPDES Permit NCA200000 by allowing
waste to leave the application site.
$ 1,500 for violating Condition No. IL 15. of NPDES Permit NCA200000 by failing
to insure waste application in accordance with Permit and CAWMP.
$ 5,500 TOTAL CIVIL PENALTY, which is percent of the maximum penalty
authorized by G.S. 143-215.6A.
$ $1,029 Enforcement costs
$ 6,529 TOTAL AMOUNT DUE
If you have any questions, please contact me at 910-796-7327.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:IWQSIANIMALSICOLUMBUS12007124-5124-5 Memo
WW
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] N CDE R

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
HERBERT SWAIN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV-2007-0014
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ),
make the following:
FINDINGS OF FACT:
A. Mr. Herbert Swain owns and operates the Grassy Lane Farms I & II, a swine
animal operation located east of Lake Waccamaw, NC along Highway 211 in
Columbus County.
B. Mr. Herbert Swain was issued Certificate of Coverage NCA224005 under Swine
Waste Management System General NPDES Permit NCA200000 issued pursuant
to North Carolina General Statute 143-215.1 on April 9, 2003, effective on April
9, 2003, with an expiration date of July 1, 2007 for the operation of a swine waste
collection, treatment, storage and application system.
C. On February 14, 2007, Mr. Chester Cobb from the Wilmington Regional Office of
the Division of Water Quality received notification of a discharge of animal waste
into the canal by Highway 211. Upon arrival, Mr. Cobb observed animal waste
and fresh water flowing north towards Bolton in the canal by Highway 211. The
drainage canal is classified as Class C Sw waters of the State within the Cape Fear
River Basin.
D. Mr. Herbert Swain had no valid permit for the above -described activity.

E. Condition No. H. 4 of NPDES Permit NCA200000 states "Land application rates
shall be in accordance with the CAWMP. In no case shall land application rates
exceed the Plant Available Nitrogen rate for the receiving crop. In no case shall
land application rates result in excessive ponding or any runoff during any given
application event."
F. The discharge of animal waste observed on February 14, 2007 originated from a
sprayfield. Mr. Robbie Swain, the Operator in Charge for Grassy Lane Farms I
and II, said that he had applied waste from 6:00 pm to 11.30 pm the day before.
G. Condition No. H. 15. of NPDES Permit NCA200000 states in part, "In accordance
with 15A NCAC 8F.0203(b)(2), the Operator in Charge (OIC) or a designated
back-up OIC of a Type A Animal Waste Management System shall inspect, or a
person under the supervision of an OIC or designated back-up OIC shall inspect,
the land application site as often as necessary to insure that the animal waste is
land applied in accordance with the CAWMP."
H. The Operator in Charge did not insure that the waste was applied in accordance
with the Permit and CAWMP.
I. The cost to the State of the enforcement procedures in this matter totaled
$1,029.00
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Herbert Swain is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The drainage canal constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge constitutes making an outlet into waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1,
E. Mr. Herbert Swain 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) per violation may be assessed against a person who is
required, but fails to apply for or to secure a pen -nit required by G.S. 143-215.1.

F. Mr. Herbert Swain violated Condition No. II. 4 of NPDES Permit NCA200000 by
allowing the animal waste to leave the application site.
G. The Operator in Charge violated Condition No. 11. 15. of NPDES Permit
NCA200000 failing to insure that the animal waste is applied in accordance with
the Permit and CAWMP.
H. Mr. Herbert Swain 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) per violation may be assessed against a person who
fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
L The State's enforcement costs in this matter may be assessed against Mr. Herbert
Swain pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. 1 (b)(8).
I The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Herbert Swain is hereby assessed a civil penalty of
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
for violating Condition No. H. 4 of NPDES Permit
NCA200000 by allowing waste to leave the application
site.
for violating Condition No. II. 15. of NPDES Permit
NCA200000 by failing to insure waste application in
accordance with Permit and CAWMP.
TOTAL CIVIL, PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ $1,029.00 Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: Mr. Herbert Swain
Faun Name: Grassy Lane Fauns I and 11
Contact Person: Mr. William Robbie. Swain
Address: 73 Grassy Ln. Farm Rd.
Bolton, NC 28423
Facility #: 24-5
Receiving Stream: Drainage Canal
Classification: Class C Sw Waters of the State
Regional Office: Wilmington
Inspector: Chester Cobb
Report Prepared By: Chester Cobb
Case Narrative:
I received a phone call from W. John College from the Division of Soil and Water Conservation
on February 14, 2007 of animal waste in ditch off of Highway 211. Mr. College identified the
farm as Grassy Lane Fauns. I arrived at the farm about one hour later after receiving the call
from Mr. College. Upon arrival, I noticed animal waste in the ditch by Highway 211 (Photos 12
— 15). By the time I arrived, Mr. Robbie Swain had dammed up the ditch by the sprayfield
(Photos 8 —10). The discharge of animal waste had originated from the sprayfield. Mr. Robbie
Swain said that be had pumped the day before from 6:00 pm to 11:30 pm. He also said that he
had set a timer to cut the pump off at 10:00 pm but that he noticed the pump still running around
11:30 pm. At that time, he shut the pump down and went to inspect the field but was unable to
get to the second reel because it had rained and the farm path was slick. He was using two reels
that evening to apply the waste.
When I arrived back at the office, I checked the 19988 USGS topographical map of Lake
Waccamaw East and the ditches by the sprayfield and Highway 211 showed up as blue lines.
Within DeLorme's 2003 North Carolina Atlas and Gazetteer, the ditch by Highway 211 is listed
as Lateral Canal D (Figure 3).
Farm and/or Company Compliance History: Include a cony of CAFO Designation letters,
previous NOV's, NOD's previous civil assessments, etc.
April 15, 2003 Notice of Violation — Request for Information issued for self -
reported high freeboard. NOV Stands letter sent on July 22, 2003.
Amount of Waste Discharee (if applicable). If amount cannot be estimated, what is the rate
of flow reaching surface water.
The waste discharge was estimated to be around 5,000 gallons.

Sample Results (if applicable) with locations of samales taken noted in relation to the
discharge point:
The approximate location of all water samples is shown in Figure 2. The upstream sample, US,
was taken in the drainage canal north of where the animal waste had mixed with surface waters
and before the water flowed easterly underneath Highway 211 (Photos 15 and 16). The
downstream samples, DS1, DS2, and DS3 where taken downstream of the water flow from the
farm (Photos 11, 13 and 14). Sample DS 1 was taken closest to the drainage canal from the farm
(Photo 11). Sample FD was taken as the farm ditch drained into the canal (Photo 6). Sample
FD2 was taken of waste ponding in the field (Photos 1 and 2).
Sample Results: February 14, 2007
Sample Point
US
DS1
DS2
DS3
FD
FD2
Fecal Coliform
<10
3,100
901
541
11,341
31,000
(Colonies/100m])
NOrN +NO3-N
0.57
3.23
2.62
2.50
0.71
0.36
m
NH3-N
0.5
8.1
3.2
3.9
142
182
TKN 1.7 11.2 4.8 4.8 193 194
Total P 0.03 0.64 0.30 0.36 4.96 22.3
(M91L)
Violator's dee2ree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. Robbie Swain damed the canal by the sprayfield and pumped the animal waste back onto a
field as requested.
Fish kill observed? YIN if yes, include report from WRC:
No fish kill observed at time of inspection.
Mitigating Circumstances:
No known mitigating circumstances known at time of inspection.
Recommendation
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and
site sketch of waste flow if waste is discharged to surface waters. Also include violator's
response to Notice of Recommendation for Enforcement. If citing certified plan or permit
condition violations, include copies of permit or plan.

Assessment Factors required to be considered by G.S. 143B-282.1(b):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
See sample results above. Neither public health problems nor damage to private property
were documented.
2. The duration and gravity of the violation:
The actually duration and gravity of the discharge is not known.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect on surface water quality is documented under the Sample Results section. The
effects on ground water and air quality were not measured and are therefore unknown.
4. The cost of rectifying the damage:
The cost of rectifying the damage is unknown. The owner did pump waste and water out of
the canal by the sprayfield.
5. The amount of money saved by noncompliance:
Some of the money saved would have been the cost of burying the irrigation line. The owner
has buried the pipe.
6. Whether the violation was committed willfully or intentionally:
The writer does not believe that 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:
Notice of Violation / Request for Information was issued on April 15, 2003 for self -reported
high freeboard. NOV stands letter sent on July 22, 2003.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $1,029.01 as follows:
Staff, Cobb 12 hours @ $22.70/hour $ 272.40
Pictures 17 @ $0.28 each $ 4.75
Samples 6 Fecal & Nutrient @ $105.00/sample $ 630.00
Mileage 95 miles @ $0.23/mile $ 21.85
Administrative Costs $100.00
Total $1,029.00

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Grassy Lane Farms I & Il
It ��..
N
W E 0 3,300 6,600 13,200 Feet
—<)— I I I I I I 1 1 I
5
Figure 1. Grassy Lane Farms I and II, Facility #24-5 is located east
of Lake Waccamaw off of Highway 211 in Columbus County,
NC. Map created from 1988 USGS Lake Waccamaw East
Quadrangle.

N
we 0 445 890 1,780Feet
S
Figure 2. Approximate locations of the samples taken for the
discharge investigation at Grassy Lane Farms I and II.
Map created from 1998 Lake Waccamaw DOQQ.

2 ] a S 6 B 9 I0
lA 4567"
Scale 1:150,000
i in n represents 2-4 mdes
r�
Contour
20 feet (6.
Figure 3. Grassy Lane Farms I and II, Facility #24-5 is located
east of Lake Waccamaw off of Highway 211. Map taken
from 2003 DeLorme's North Carolina Atlas & Gazetteer.

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PHOTO 7. The animal waste flowed down the canal by the field to a canal by
Highway 211. Canal within the tree line to the right of the picture. An
earthen dam was built where the mini vehicle is located.
PHOTO 8. The earthen dam that was placed in the canal to stop the waste flow.

PHOTO 11. Sample DS1 was taken as the water flowed from the canal by the farm
into the canal by Highway 211. Sample taken after the earthen dam had
been built.
PHOTO 12. Fresh water flowing into canal by Highway 211. Shows waste plume
within canal.

PHOTO 13. Sample location of DS2. Sample taken about halfway inbetween
Sample locations DS1 and DS2.
PHOTO 14. Sample location DS3. Sample taken near where the water flowed
through a culvert underneath Highway 211.

PHOTO 15. Water and wastewater from Grassy Lane Farm to a culvert underneath
Highway 211. The culvert is located to the right of this picture. Water
flow from the farm is coming from the top of the picture. The upstream
sample (US) was taken from water flowing from the bottom left of this
picture.

I

Facility Number
Division of Water Quality
0 Division of Soil and Water Conservation
0 Other Agency
Type of Visit 0 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint XFollow up 0 Referral 0 Emergency 0 Other ❑ Denied Access
r fe5 Region: • y O
Dale of t� isit: � � Arrival Time: a arture Time- 12 GQ County: ��� g' ��
Farm ?dame: L � / Owner Email:
Owner Name: u1,4 Phone:
Mailing Address:
Physical Address:
Facility Contact. Title: Phone No:
Onsite Representative: �?G�� �!-[�!� �J`% Integrator: Zyez
Certified Operator: Operator Certification Number:
Back-up Operator: Back-up Certification Number:
Location of Farm: Latitude: ❑ o ❑ I 0 11
Longitude: = o [�' =
Swine
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
Other
❑ Other
Design Current Design Current
Capacity Population Wet Poultry Capacity Population
❑ Layer
❑Non -Layer
Dry Poultry
❑ Layers
❑ Non -Layers
❑ Pullets
❑ Turke s
❑ 'ur-key Poults
❑ Other
Discharges & 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?
h. Did the discharge reach waters of the State? (if yes, notify DWQ)
Design Current
Cattle Capacity Population
❑ Dairy Cow
❑ Dairy Calf
❑ Dairy Heifer
❑ Dry Cow
❑ Non -Dairy
❑ Beef Stocker
❑ Beef Feeder
❑ Beef Brood Cow
c. What is the estimated volume that reached waters ofthe State (gallojis):
Number of Structures:
d. Dices discharge bypass the waste management systern? (If yes, notify DWQ)
3. Is there evidence of a past discharge from any part of the operation?
Were Lhere piny adversL nnpacts or potential adverse inipacts to the Waters of the State
rather Than lroin a discharge?
Page 1 of 3
El Yes
No
DNA
❑NE
❑ Yes
❑ No
❑ NA
❑ NE
❑Yes
[I No
❑NA
❑Nlr
❑Yes
El No
❑NA
El NE
❑ Yes
No
❑ NA
❑ NF
❑ Yes
No
❑ NA
❑ NF.
12/28,10¢
C opr intred

Number: — Date of Inspection O
Wsste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. If yes, is waste level into the structural freeboard?
Structure I Structure 2 Structure 3 Structure 4
❑_Yes XNo ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): 2� 2
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes
❑ No ❑ NA �NE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed ❑ Yes
❑ No ❑ NA XNE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes
❑ No ❑ NA NE
8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes
[INo [I 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 PNE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes
���,,,///
[I No ❑ NA I ENE
maintenance/improvement?
l
11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes
❑ No ❑ NA XNE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN> 10%or 101bs []Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window El Evidence of Wind Drift []Application Outside of Area
01ex1✓
12. Crop type(s) LN f _.� 0S�f
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
❑ No
❑ NA XNE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA gNE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes
❑ No
❑ NA NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA VNE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No
❑ NA '04E
Comments (refer to question ll): 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):
, C,l6o S - -� �.✓ 2 /� o'a/"77 Z7, ,77,77 7 .ir ✓/�✓.r-c_
-Q��`Q �EimPf o r ��' zr��r/�4 9 T '9
Reviewer/Inspector Name iiG Phone: /U (,—
Reviewer/Inspector Signature: Date: 1_& O
Page I of J I ZfZ5/04 Lonnnaea

Prlity Number: Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
the appropriate box.
❑ WUP [I Checklists El Design El Maps ❑ Other
[--]Yes ❑ No ❑ NA NE
❑ Yes ❑ No ❑ NA�eNE
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes [:]No ❑ NA JC! NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis [:]Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Did the facility fail to conduct a sludge survey as required by the permit?
26- Did the facility fail to have an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other Issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report the mortality rates that were higher than normal?
30. 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
31. Did the facility fail to notify the regional office of emergency situations as required by
General Permit? (ie/ discharge, freeboard problems, over application)
32- Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
33. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No ❑ NA )Z(NE
❑ Yes
❑ No
❑ NA
P�lE
❑ Yes
❑ No
❑ NA
NE
❑ Yes
❑ No
❑ NA
E
❑ Yes
❑ No
❑ NA
E
❑ Yes
❑ No
❑ NANE
❑ Yes
❑ No
❑ NA �NE
❑ Yes
❑ No
❑ NA NE
❑ Yes
❑ No
❑ NA P'E
❑ Yes
❑ No
❑ NAzp�E
❑ yes
No
X
El ElNE
,
❑ Yes
XNo
❑ NA ❑ NE
Additional Comments and/or Drawings:
74- ,o s
4xz_r J ac !
_I
Page 3 of 3
12/2"4

a
ANALYTICAL & CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Chester Cobb
Date Sampled: 2/14/07
Sampled By: Chester Cobb
WATER:
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 28405
[phone] (Lab) • [phone] (Fax)
710 Bowsertown Road • Manteo, NC 27954
[phone]
NCDENR DWQ CERTIFICATE #94. DIS CERTIFICATE #37729
REPORT OF ANALYSIS
Date of Report: b
Purchase Order #:
Report Number.
MAR I `' ►!
07 2 ?pp,
7-1156
Report To: Chester Cobb
PARAMETER
Sample ID
US
DS1
DS2
DS3
FD
FD2
Date
Analyzed
Lab ID
# 2558
# 2559
# 2560
# 2561
# 2562
# 2563
Ammonia Nitrogen,
0.5
8A
3.2
3.9
142
182
02/27/07
NH3-N mg/L EPA 350.1
Nitrate + Nitrite Nitrogen,
0.57
3.23
2,62
2.50
0.71
0.36
02/28/07
NO3. NO2-N mg/L EPA 353.3
Total Kjeldahl Nitrogen,
1.7
11.2
4.8
4.8
193
194
02/26/07
TKN mg/L EPA 351.3
Total Phosphorus, as P mg/L
0.03
0.64
0.30
0.36
4.96
22.3
02/22/07
EPA 365.2
Fecal Coliform, Colonies/100 mL
< 10
3100
901
541
11,341
31,000
02/14/07
SM 9222 D
Comments:
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Reviewed by

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ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
6602 W indniill Way
Wilmington, NC 28405
Phone: [phone]
Fax (910) 392,4414
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NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 ppm or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
1.
2.
,temperature w Receiv_c J Accepted: `� Re'e ed: Resample Requested:
Delivered By: r �`-~ Received By:ZcA Date: -1 7 Time.. 3
Comments: 2z:�'G,1412 5-sU �F_ 1'44'hS "�/4Z 2 �

p�pF W ATF9OG Michael F. Easley, Governor
William G. Ross Jr., Secretary
jr North Carolina Department of Environment and Natural Resources
O r Alan W. Klimek, P.E Director
Division of Water Quality
March 27, 2007
CERTIFIED MAIL # 7006 0810 0004 4464 6125
RETURN RECEIPT REQUESTED
Mr. Herbert Swain
Grassy Lane Farms I & II
73 Grassy Ln. Farm Rd.
Bolton, NC 28423
Subject: Notice of Violation and Recommendation for
Enforcement
Case # NOV-2007-DV-0024
Grassy Lane Farms I & II
Facility Number: 24-5
Columbus County
Dear Mr. Swain:
This is to notify you of violations to Swine Waste Management System General NPDES Permit
NCA200000 issued on April 9, 2003 under Certificate of Coverage NCA224005.
On February 14, 2007, Mr. Chester Cobb from the Wilmington Regional Office received a call
of animal waste in the ditch by Hwy 211 from Mr. John College with the Division of Soil and
Water Conservation. Upon notification of the discharge, Mr. Cobb inspected the site and
observed the discharge of animal waste coming from the farm and entering the ditch along Hwy
211. From a topographic map, the ditch was labeled as a drainage canal (blue line). Thus,
animal waste was discharged into Waters of the State. The discharge amount was estimated
to be approximately 5,000 gallons. The violations noted from the discharge are as follows:
1. Discharge of Animal Waste into Waters of the State
On February 14, 2007, animal waste was observed discharging into a drainage canal
along Hwy 211. -
This is in violation of North Carolina General Statute 143-215.1 that states that no
person shall make an outlet into the waters of the State without having obtained and
abided by the appropriate permit. This is also a violation Condition I. 1 of NPDES
Permit NCA200000 that states in part that "Waste shall not reach surface waters or
wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or
through ditches not otherwise classified as state waters."
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
No, Carolina
naturally
An Equal Opportunity/Alfrtmafive Action Employer —50%Recycledll0%Post Consumer Paper

Mr. Swain
Page 2 of 3
March 27, 2007
2. Hydraulic Overload
On February 14, 2007, animal waste was observed in the canal by the sprayfield and in
the drainage way leading to the canal. The operator, Mr. Robbie Swain, said that he
had applied waste'on Pulls 35 and 36 from &00 pm to 11:30 pm the night before. The
waste in the drainage way originated from these Pulls. Therefore, the animal waste that
discharged ran off the sprayfield.
This is in violation of Condition No. 11. 4. of NPDES Permit NCA200000 that states,
"Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop. In no
case shall land application rates result in excessive ponding or any runoff during any
given application event."
3. Failure to Properly Inspect Sprayfield
The weather forecast was predicting a good chance of showers and thunderstorms for
the evening of February 13, 2007. Mr. Swain said that he had set the timer for the pump
to shut off at 10:00 pm. At 11:30 pm he stepped out of his house and observed that the
pump was still going. He also said that he was unable to check the furthest reel
because the path was slick from the rain. Waste should not be applied in the rain, timer
or no timer, or with rain imminent. Also, the sprayfield should have been inspected for
problems.
This is in violation of Condition No. 11. 15. of NPDES Permit NCA200000 that states in
part, "In accordance with 15A NCAC 8F.0203(b)(2), the Operator in Charge (OIC) or a
designated back-up OIC of a Type A Animal Waste Management System shall inspect,
or a person under the supervision of an OIC or designated back-up OIC shall inspect,
the land application site as often as necessary to insure that the animal waste is land
applied in accordance with the CAWMP."
4. Failure to Notify
The Wilmington Regional Office received no notification of the discharge.
This is in violation of Condition No. 111. 11. of NPDES Permit NCA200000 that states in
part, "The Permittee shall report by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than twenty-four (24) hours following
first knowledge of the occurrence of any of the following events: (a) Any discharge to
ditches, surface waters or wetlands."

Mr. Swain
Page 3 of 3
March 27. 2007
In response to these violations, this office must receive the following information within
fifteen (15) working days of the receipt of this notice:
a. A written explanation of the violations.
b. A written description of the actions taken or to be taken to bring the violations back
into compliance and to prevent their recurrence.
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. Also, 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 matter, please do not hesitate to call Mr. Chester
Cobb at 910-796-7327.
YoSt{s ve tr
v,-
Charles F: Stehman, Ph.D. P.G.
Environmental Regional Supervisor II
cc: Edward Davis, Columbus County Soil and Water Conservation District
Neal Floyd, Columbus County Health Department
John College, DSWC-WiRO
Kraig Westerbeek, Murphy -Brown, LLC
APS Central Files
DWQ Wilmington Animal Files 24-5
S:\WQSWNIMALS\COLUMBUS\2007124-5 NOVRFE

ew' Y—afie 5ra-0md
73 Grassy Lane Farm Road
Bolton, NC 28423
Phone [phone]
Fax Number 910/655-9750
Farm Number 910/655-8417
To: NCDER, Division of Water Quality From: William R. Swain
Name: Charles F. Stehman Date Sent: 04/05/2007
CC: John College: Kraig Westerbeek
Phone: [phone] Number of Pages: 3
Dear Mr. Stehman,
APR 0 5
�- D5
I am writing this letter on behalf of Grassy lane Farm due because I am the
one at fault. My Father is 76 years old and had nothing to do with this
matter.
So I hope you understand.
I have been in the Pork producing business for over 15 years and have had
a near perfect reports every time. I take pride in what I do and always try to
do the best of my abilities. It kills me to write this due to the matter of this
letter.
I will address each and every Violation, and what I can do to keep this
matter from happing again. I will give you a statement on how I feel on this
subject , explain what happen and How to prevent their recurrence.
Subject: Notice of Violation and Recommendation for Enforcement

�.r
Case` NOV--2007-DV-0024
Grassy lane Farm
Facility Number 24-5
Columbus Co.
1) Discharge of Animal waste into the state waters:
2) Hydraulic Overloading:
3) Failure to Properly inspect Spray field:
4) Failure to Notify.
I had a 4 hour pull I set my timer to run from 6-10pm. I was putting about a
little less than a % in. I check reels every 45 min to an hr.(day or night).
The ground was taking to water, so there was no standing water. I last
check the reels a little after 9pm. Every thing was going good. I knew there
was rain coming but things look great.
I knew the timer would shut things down in less than an hour. I never run a
timer but for some reason or another I figure what the heck. So I tried it , I
put the money in putting one on 6 months earlier thinking it was going to cut
off.
Well you know the rest of the story. Around 10 the rain came up. I took it
that the pump was off and everything was fine. Well round 11:15pm I went
outside and I heard the pump running so I took off and went to shut off the
pump. I when to check the reels and see if there was a mess. I tried to get
down the road but the truck wanted to slide off the road. So I turned around
and went back to the house.
Then next morning I had to carry my son to school. Well around 8:20 am I
got a call saying that John College had seen some runoff and was trying to
get up with me. I felt like a bomb had just went off inside me. I drove to
work just as quick as I could, Then John worked with me and I started to
Dam up the ditch before any more hit State waters. Then he called Mr.
Cobb, and he came down. He took samples and I did everything I could to
work with him and Mr. College.

1 wor ed night -and day to get the rest of the water that we had contained
back on the spray fields. Mr. Cobb and I worked together for 2 more days to
assure we had taken care of the problem.
So addressing the problem: the main thing was I took faith in a timer. I will
never use a timer again. I did inspect spray field at least 3 to 4 times. I was
not overloading by no means. Just at reels when they should have shut off.
Failure to report. No way would I even consider that. If I had knew there
was a problem I would have called. Mr. College knew before I did, and as
soon as I found out, we started fixing the problem.
In closing, I take full responsibility for my action and have learned a very
important lesson. I hope when reviewing my letter you understand I was
not in anyway to trying to discharge but had a equipment failure. I also will
not pump when I know if rain is in the near future.
What ever happens , I respect you and understand.
Thank you for taking time to read my statement.
Sincerely
William R. Swain

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