310122_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

May 29, 2003
N. C. Division of Water Quality
Wilmington Regional Office
Attn. Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Shiver,
This letter is in response to the Notice of Violation
(NOV) issued by your office to E&B Farms #1-3 on May 7,
2003. We have changed our standard operating procedure
with regards to the travel speed of our reels during irrigation
events. I have consulted Craig Westerby, an irrigation
specialist, and have received instruction as to alternative
nozzle sizes and travel speeds that will reduce the
application rate and application amounts of my system.
In the future, I will adjust travel speed and nozzle size
according to soil conditions to prevent this type of thing from
re -occurring.
Sincerely,
Steve English
Manager, E&B Farms

Type of Visit *.Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint Q Follow up O Emergency Notification •O Other ❑ Denied Access
Facility Number 31 12Z Date of Visit: 03/27/2t103 Time: 1715
Q Not Operational Q Below Threshold
® Permitted ® Certified 0 Conditionally Certified © Registered Date Last Operated or above Threshold:
Farm Name: .......-----•.............................................. County: pu,phut.................................... YYi,RS2.......
Owner Name: Charles------------_--.- �rialdt�v Phone No: 4J.Q$5:3ZZ3_LF)l$5-916]_1Hl_._.-----..
Mailingaddress: FQ.B.n.6.7................................................................................................ Ieachgx..Xc.......................................................... 2.$464...--.--------
FacilityContact: ........................................................ ...Title : ............................................... Phone No: ......................................
Onsite Representative: $Ie3� 1t1�11&b-------_---------_--------------------- Integrator:rAl�Y�;>�l�Y�LF_.---------- -----.
Certified Operator: Cjb,............................... ........................................... Operator Certification Number:) 19.62,7 ............................
Location of Farm:
south of Register Crossroads. East side of Hwy 11 approx. 0.5 mile South of Hwy 11/SR 1141 intersection. First farm down A
aath.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 OF 50 54 u Longitude 77 • 56 57 u
w Design Current
r °, ;;Design - Current Design '`Current
Swine Ca aci Po ulation� :foul#ry Ca `aci " ; Po ulatton' , , Cattle . Ca "act Po elation.
El to Feeder
' ❑Layer ❑Dairy
Weeder' to Finish 11016
❑Non -Layer t: ❑ Non -Dairy
,.
❑ Farrow to Wean
" 1-1 Other
.: ElFarrow to Feeder
Farrow to Finish
s
_< Total Design Capacity ; 11,016
❑ Gilts
,
': ❑Boars
ti :r F t:ti � h T0ta1,SSLVV :' 1,487,160 s
ge: 4 3 Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
of Liagoonsg p Y
1-7
�*�Nnmber 38 .�-.
uii3oliline PondO Saltd_Traps
c,R"
:' .�,4s; ❑ No Liouid Waste Manaeement Svstem r r # y a
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ® Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ® Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:.-•----....#3............ ............ #2........... ........... #3-----------
Freeboard (inches): 27 27
05103101 Continued

Facility Number: 31-122
Date of Inspection 03/27/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ 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?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN N Hydraulic Overload
12. Crop type
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
N Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pcnded for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No
Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes N No
❑ Yes ❑ No
- 25.-Were any additional problems noted'which-cause`rioricostipliance of tlie-Certifii'dAWMP? -� -- — — - -- -- ❑ Yes ❑Ida -
r] No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comm(re�fer�to�qu�e.�shon��#).' Ezpl�ar-�n�any�s�ansrw�and/or�any�eco �endab�ons or;any�ther comments'= -,
Use dravnngs�of facrhty to«bet�eea�plain s�ituatrons';(use:.additianal pages'as•necessar,�) ❑Field Copy ❑Final Notes -;
NOTE: Came by to inspect Austin Farm 1 & 2 (31-672) and noticed pink tint to water at culvert.
-- Representative tracked problem to sprayfield.
-- Waste was flowing off field, into woods, and finally into stream behind field.
-- Once found, representative stopped waste flow at field edge by building dam.
Dams were also built in woods to stop flow.
-= I pulled water samples and took pictures.
I N w
ji"'R"..y'r�„Nk���t�y i7�'��r� i,A} � �iT^. •."'`�" 3'x "£ '. ' � •fir .�
Reviewer/Inspector Name ,Chester C6bh� �.w h- � , . �':. ' x ,
Reviewer/Inspector Signature: Date:
05103101 Continued

Facility Number: 31-122 Date of Inspection 03/27/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the Iand application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
-- Representative said that he started that pull at 11:00 a.m..
-- No waste was noticed at culvert when I first arrived at around 4:00 p.m..
-- Waste was first noticed at about 5:15 p.m..
-- Will have to come back to get more information.
-- Estimate initially that at least 1,000 gal. made it to the creek. But, it was not greater than
5,000 gal at time of inspection.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
05103101

Type of visit O Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine Q Complaint O Follow up Q Emergency Notification Q Other ❑ Denied Access
Facility Number 31 122 pate of Visit. 03/28/2043 Time: 1115
O Not O erational Q Below Threshold
® Permitted ® Certified [3 Conditionally Certified E3 Registered Date Last Operated or Above Threshold_
Farm Name: E&B..t+at:uM Al n.3........................................................... . County: I?uGjia.........-----.._._..............._. 3'xRR.......
Owner Name: Charles___._-------___--)�i111k1�y Phone No:
MailingAddress: P.A.B.Q.67................................................................................................:leach.a.-K........---.................--.-------.................... 2.8.46.4 ..............
Facility Contact: ...........................................................Title: ............. Phone No:
Onsite Representative:SleYJr4ghsb----------------------------------._._. Integrator:11CD1�Y�i1l),i'k]IL�_----._.-------. -.
Certified Operator. Cllar.lgs.!'i'........................... ........................................... Operator Certification Number: lQ67.............................
Location of Farm:
South of Register Crossroads. East side of Hwy 1 I approx. 0.5 mile South of Hwy 111SR 1141 intersection. First farm down #
path.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 50 54 u Longitude 77 • 56 57 u
- -Y
,Swine `
I
Uureeut ' r '' s Design' Current
...-.:.
ipulation. ;Poultry Ca p aci pop- 1 t— u, , Cat#le - ,
❑ Wean to Feeder
® Feeder to Finish
11016
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
ki
❑ Layer
❑ Dairy
❑ Non -Layer
❑ Non -Dairy
❑ Other
'-
Total Design Capaclty,:
SSLWV,
Design .: Cu'rirent
a aca --Pd elation-'
11,016
1,487,160
Subsurface Drains Present 1� Lagoon Area l❑ Spray Field Area
No Liquid Waste Management System ..
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:-----•-----.#3............ ............ #2........ .------------- t3........... ........._._..---
Freeboard (inches): 25 27 27
05103101 Continued

Facility Number: 31-122
Date of inspection 03/28/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ 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?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
❑ Yes []No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for Iand application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ief discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
—25 Were-any-additional-problems°noted-which-cause-noncomphance`of-the-Certifi�ezl AWMP?= , - - - ❑`Yes ❑"No --
© No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
9ay.z6..nj;3Y�.. , ,,+p.s'SiYi_.+:.. t:;�z`m`.n.'? w._'.X'i:Yi:;3e �w.}�
C mments (refer to questro apllaaid any YES answers an�or any recommendationsany other comments
n or
Use swings°of facility to;better;expla na tuat►ons (use additional pages as;necessary} ❑Field Copy ❑ Final Notes
}
NOTE: Continue investigation of discharge observed on 3/27/03.
-- Discharge appears to have been mostly contained by the earthen dams.
-- Will need to pump out ponded (waste) area at field edge back into lagoon. Keep up with amount
pumped back into lagoon.
CONTINUE ON NEXT
PAGE
..>ta`�- ��`—^�'rrs4 t�Rw--"—.,,7..^,-,n-.• .crtr-'a
wer/Inspector Name EhesterfCobb n �' Stonewall Mathes n� e
.
. , : , _
ERevviewer/Inspector
Signature: Date:
05103101 Continued

Facility Number: 31-122 Date of Inspection 43/28/2403
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below
Iiquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
-- Representative said that:
- He was pumping at 50 psi at the reel for a rate of 125 gpm.
- Gun'set to come in at 45 to 70 ft./hr.
- Started pumping at around 11:00 a.m.
- Stopped pumping at around 4:00 p.m.
- He believed that there may have been some slack with the hose wrapped around the reel.
-- Calculated volume of 37,500 gal. (irrigation event).
-- Estimated about 1,500 gal. discharged into an unnamed. tributary to Maxwell Creek within the
Cape Fear River Basin. Approximately 2,500 gal. was contained in wooded area. Most had
been absorbed by today.
Need to do a press release.
-- Be careful with your land applications of waste.
-- Need to look into aerating your fields.
05103101

ANALYTICAL & CONSULTING
-CHEMfSTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Chester Cobb
Date Sampled: 03/27/03
Sampled By: Chester Cobb
WASTFWATFRt
Environmental Chemists, Inc.
660-2 Windmill Way - Wilmin,Mn. North Carolina B405
(910) 392-022-', (Lab.) - (910.) 392-4-424 (Fax)
EchernW4,aoixom
NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729
REPORT OF ANALYSIS
Date of Report: April 9, 2003
Purchase Order N:
Report Number: 3-1725
Report To: Chester Cobb
Project:
PARAMETER
Sample ID
FE
UPST
DS I
DS 2
Lab IDN
3972
# 3973,
H 3974
# 3975
Nitrate + Nitrite Nitrogen, NO3+NO2-N mg/L
0.54
0.49
0.81
0.04
Ammonia, NH3-N mg/L
693
0.8'
448
134
Total.Phosphorus, P- me/L
5
6----=
-.37--
Total Kjeldahl Nitrogen, TKN mg/L
760
1.5
1 524
193
Fecal toliform, colonies/100 mL
72,727
45
109,091
41,000
Comments:
Reviewed I

ENVIRONMENTAL CHEMISTS, INC 6602 Windinlll Way
Sample Collection and Chain of Custody i Wilmington, NC 28405
4M
NCDEN,R: 1)*Q Certificate #94, DLs Certificate M37729 ; Phone: [phone]
Analytical & Consultin hemists .1 Fax: [phone]
Client: i 0t-) or L&,�--r '/L
ollected B P—,lr-FE9 C�62,i Re ort No: ' 7
Saint le T e: I = influent E = Effluent W —Wel! ST =Stream SO =Soil SL--Slud a Others'
�u.
Collection -9 PRES 11. ION
Sample Identification fl ; o ANALYSIS REQi FETED
DATE TIME TEMP U U U x 0; z
�i,
f= E c 3i7� �� �� rw� ItT,i-rat
C ?j
lf'p�T 3 7
,DSO G �?
�52 C G �r7
C P �!
G_ G
C P l
G G
C P
G G
C P
G G E.I
C P
G G
NOTICE — DECHL61INATION : Samples for Ammonia, TKN, Cyanide, Phenol, and B: ;cteria must be dechlorinated
0.2 nI or less in the field at the time of collection: See reverse side for instructions.
Transfer Relinquished By: ,Date/Time Received B Date/Time
i
2.
Temperature wh Re e' .rd• 0(— Accepted: R?'e ct d: Resamp a Requested:
Delivered By-rL� Received By:....S ate: 3 Z_7 C'ime:7T$�---CGS
Comments: i i 3-F�'

Environmental Chemists, Inc.
t 560-1 Windmill Way - Wilmington, North Carolina 2-S405
(910) 392-01-3 (Lab) - (910) 392-1-124 (Fax)
[e-mail]
ANALYTICAL & CONSULTING
CHEMISTS NCDENR. DIA,*Q CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-D'"'Q
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Chester Cobb
Date Sampled:
Sampled By:
REPORT OF ANALYSIS
0-3/28/03
Chester Cobb
Date of Report- April 1, 2003
Purchase Order #:
Report Number: 3-1760
Report To: Chester Cobb
Sample ED
Lab 11D
Fecal Coliform,
colonies/I 00 mL
UPS 122
# 4126
200
122 DS1
# 4127
162
Comments:
Reviewed by:

Ln irochem
Analytical & Cunsulting Chemists
Client: tJC• O EII tir)_LU•r Sw()0
i
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chair of Custody
NCDENR: DWQ Cerlilleate #94, DLS Ceriificsae 037729
r�}__ t . �. y,. �4 lam. � , �,C —r•. r
j II 6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Eingi1:EchgGi3Y@AII
,I
Report No: -1-7
Hmnle "I'vn -! t = Infitient- R = i+ fJ1m-nt- W =WP11- CT=CtrPnm_ fif) =Cni1- �i = ly�dae OthII II,
S11111ple Identification
Collection
� !t
01
a �
•�
� e L. I
§ 0
o as.
.c
� 19
a w
�
PRI;SE
NATION
ANALYSIS REQUESTED
o
d
2
0
o
_
DATE TE
TIME
TEMP
L ( Ps 122
S`T
c
n
o u
1 h5lo
r
C
��
ZII
_
C
;
�,
C
P
G
G
_—_—_
G
G
C
P
Ff
iI
—
G
G
C
P-
I`
G
G
l
G
G
G
rG
---- _
C
P
E
G
G
NOTICT -- DEClIL6I1INATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bi
r� l.2_11,11tn o less in N1e field at the time of collection. Sce reverse side for instructions.
'terin must be dechlorinated
Transfer
Relinquished By:
Date/Time
Received Ity
I
Datel'I'ime
I
I
I
I
2.
I
,
"I enlperlitllre W
Requ

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
January 26, 2001
Charles Brinkley
E&B Farms #1 - 3
PO Box 67
Teachey NC 28464
1A
A&I'TZg
;O�VA
�nm M lllll�
NCDENR
NC>RTH CAROLINA DERARTMEN-r OF
ENVIRONMENT AND NATURAL- RESOURCES
Subject: Certificate of Coverage No. AWS310122
E&B Farms #1 - 3
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
Dear Charles Brinkley:
In accordance with a request received on January 22, 2001 from our Wilmington Regional office,
we are forwarding this Certificate of Coverage (COC) issued to Charles Brinkley, authorizing the
operation of the subject animal waste collection, treatment, storage and land application system in
accordance with General Permit AWG100000_ This approval shall consist of the operation of this
system including, but not limited to, the management of animal waste from the E&B Farms #1 - 3,
located in Duplin County, with an animal capacity of no greater than 11016 Feeder to Finish and the
application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void
COC No A`'VS310122 dated May 29, 1998. The COC shall hereby incorporate by reference any specific
conditions of the previous COC issued to this facility. The purpose of this COC is to_allow coverage
—_ -- -- 1. enc ose -an pay-partic'__.0 Tar
attention to Condition II_10 regarding tree removal from lagoon embankments, Condition III.1 regarding
inspection frequency of the waste treatment, storage and collection system and Condition III.6 regarding
notification requirements for system failures, spills, and emergencies. Pursuant to this COC, you are
authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to
surface eaters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Certificate of Coverage AWS310122
E&-B Farms rl - 3 V
Paae 2
The facility's CAWMP meets all requirements in place at the time of certification. However, it
appears that the irrigation system on site may not adequately cover all acreage listed in the Waste
Utilization Plan. The owner should address this inconsistency as soon as possible.
Please be advised that any Violation of the terms and conditions specified in this COC, the General
Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS
143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water
Quality Staff may be reached at [phone]. If you need additional information concerning this
COC or the General Permit, please contact JR ]oshi at [phone] ext. 363.
Sincerely,
L
.-Kerr-T.- Steven --
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
Wilmington Regional Office, Water Quality Section
Duplin County Soil and Water Conservation District
Permit File
NDPU Files

1.1icl;ael .. Easley, Governor
William G. Ross Jr., Secretary
D[U
a,
rgo.,'n Carolina 17eoarmen' of Environment and Natural Resources
-, Alay � V%1. Klimek, P.E. Direcior
Division of Water Quality
CERTIFIED MAIL K 7002 1000 0005 6492 0190
RETURN RECEIPT REQUESTED
May 20, 2003
Mr. Charles Brinkley
E & B Farms r1 - 3
P.O. Box 67
Teachey, NC 28464
Subject: May 7, 2003 Notice of Violation and
Recommendation for Enforcement
E & B Farms #1 - 3
Facility Number: 31-122
Duplin County
Dear Mr. Brinkley:
On May 7, 2003 you were notified of a discharge violation to North Carolina General Statute
143-215.1 and to Condition I. 1 of Swine Waste General Permit AWG100000 issued to you on
January 26, 2001 under Certificate of Coverage AWS310122.
The discharge violation was based on observations made by Mr. Chester Cobb of the
Wilmington Regional Office of the Division of Water Quality on March 28, 2003. Mr_ Cobb
Observed that animal waste runoff from an application field had discharged into an unnamed
tributary to Maxwell Creek. Maxwell Creek is class C Swamp waters of the State within the
Cape Fear River basin.
In addition to the discharge violation, the animal waste runoff was also a violation of Condition 11.
4 of the General Permit. Condition I I. 4 of the General Permit states that "Land application rates
shall be in accordance with the CAWMP. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receiving crop or result in runoff during any given
application." The CAWMP further states that "liquid waste shall be applied at rates not to
exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters."
If your response to the May 7, 2003 Notice of Violation does not include a response addressing
the application issue, please respond as follows:
(1) A written response must be submitted to the Wilmington Regional Office, Division of
Water Quality that includes:
a. An explanation of the violation.
b. A description of the actions taken to bring the violation back into compliance and to
prevent its' recurrence.
(2) The written response must be received by this office within 15 working days of the
receipt of this nonce.
m
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service *�
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDEf+ R

L�;aries Brinkley
10av 20, 2303
Page 2 of 2
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 matter, please do not hesitate to call Mr. Chester
Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from
the Central Office at 919-733-5083 ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
Ken Best, Duplin County Health Department
John College, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
- - T D1NQ CentF - Files
DWQ Wilmington Animal Files 31-1222
S:1WQSIANIMALSIDUPLIN12003131-122 E&B Farms/-3 NOVRFE2

Nlav 14. 2002
N.C_ Division of Water Quality
Wilmington Regional Office
Attu. Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Shiver,
This letter is in response to the Notice of Violation (NOV) issued by your office to E&B Farms
#1-3 on May 7, 2003. Your letter references an event that took place on March 28, 2003, during which
animal waste from this farm entered an unnamed tributary of Maxwell Creek. As the Operator in Charge
for this farm, I take full responsibility for the unfortunate events that occurred, and appreciate the
opportunity to explain what happened to cause the discharge, as well as actions taken to insure that it
doesn't occur again in the future.
On the day in question, I41r. Chester Cobb visited Austin Farms, which shares an entrance road to
my farm. When leaving, Mr. Cobb and I noticed the presence of wastewater in a drainage way intersecting
the farm path. This wastewater was not present 10 minutes before when we entered the farm. An quick
investigation revealed that wastewater from an application event ending prior to his arrival, had left the
spray field area and found its way into the drainage way. I immediately began mobilizing equipment to
install earthen dams to contain the wastewater. It is cs"timatcd that 1500 gailuus of wastewater entered this
drainage way, however, we feel that most, if not all, of the wastewater was captured by the dams
constructed, and pumped back into the lagoon. I feel that our immediate response to the situation mitigated
any serious environmental damage that might have occurred. I would also like to thank Mr. Cobb for his
help in directing these activities.
In response to this event, we have changed our standard operating procedure with regards to the
travel speed of our reels during irrigation events. I have consulted an irrigation specialist and have received
instruction as to alternative nozzle sizes and travel speeds that will reduce the application rate and
application amounts of my system. In the future, I will adjust travel speed and nozzle size according to soil
conditions to prevent this type of thing from re -occurring.
Finally, I would like to note that this is the first issue of this type that has come up on my farm.
E&B Farms is committed to operating our farm in accordance with all applicable rules and regulations. If
there are any further questions or concerns, please feel free to call me at [phone].
Sincerely,
Steve English
Manager, E&B Farms

0� F W H 2F19 Michael F. Easley, Governor
0 y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7002 1000 0005 6491 9866
RETURN RECEIPT REQUESTED
May 7, 2003
Mr. Charles Brinkley
E & B Farms #1 - 3
P.O. Box 67
Teachey, NC 28464
Subject: Notice of Violation and Recommendation for
Enforcement
E & B Farms #1 - 3
Facility Number: 31-122
Duplin County
Dear Mr. Brinkley:
This is to notify you of violations of North Carolina General Statute 143-215.1 and to Swine
Waste General Permit AWG100000 issued on January 26, 2001 under Certificate of Coverage
AWS310122.
On March 28, 2003, Mr. Chester Cobb of the Wilmington Regional Office of the Division of
Water Quality observed that animal waste runoff from an application field had discharged into
an unnamed tributary to Maxwell Creek. Maxwell Creek is class C Swamp waters of the State
within the Cape Fear River basin.
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. Also, Condition I. 1 of the General Permit states that "The animal waste
collection, treatment, storage and application system permitted under this permit shall be
effectively maintained and operated as a non -discharge system to prevent the discharge of
pollutants to surface waters, wetlands, or ditches."
Response requirements are listed as follows:
(1) A written response must be submitted to the Wilmington Regional Office, Division of
Water Quality that includes:
a. An explanation of the violation.
b. A description of the actions taken to bring the violation back into compliance and to
prevent its' recurrence.
(2) The written response must be received by this office within 15 working days of the
receipt of this notice.
N. C. Division of water Quality 127 Cardinal Drive Extension [phone] Customer Service A4
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NENNOR

Charles Brinkley
May 7, 2003
Page 2of2
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 matter, please do not hesitate to call Mr. Chester
Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from
the Central Office at 9.19-733-5083 ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
Ken Best, Duplin County Health Department
John College, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
.DWQ Wilmington: Animal Files 31-122
S:1WQSIANIMALSIDUPLIN12003131-122 E&B Farms1-3 NOVRFE

/ 1• \ � �-:y "�\..+ �.�ea�`�`� f-� r fry. � _ �' -
r .t.
h 4 -
' _ �- '... yw, ..i►,3' r 4k L4�=: 3i rc�._st- 1 --,

FIGURE 13. Sample DS2 located at culvert for farm path. Film negative (3257) 16
_ `,e
FIGURE 14. Sample location DS2 on March 27, 2003. Film negative (3257) 15

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V. 41'kocr

FIGURE 7. Wastewater flowing into unnamed tributary to Maxwell Creek. Film
negative (3257) 7.
FIGURE 8. Location of Sample DS f on March 27, 2003. Film negative (3257) 12.

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1 [IIII1o7:

0 4000 Feet
FIGURE 1. E & B Farms #l-3 is in Duplin County and located south-east of Register, NC off
of Highway 11. Map created from 1979 Charity, N.C. Quadrangle.

5. The amount of money saved by noncompliance:
Unknown.
6. Whether the violation was committed willfully or intentionally:
The writer does not think that the violation was committed willfully or intentionally.
However, proper application of animal waste was not ensured and thus waste was discharged
into waters of the State.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
Second Notice of Deficiency was issued on August 12, 1998 for erosion cuts and bare areas
on the dike walls of the lagoons and excess application of nitrogen to small grains in
sprayfield #1.
Notice of Violation was issued on January 22, 2001 for animal waste ponding, cropping
practices not in accordance with waste utilization plan, land application fields needing
improvement, and record keeping needing improvement.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs
totaled $521.91, as follows:
Staff, Cobb,
12 hours @ $18.31/hour
$219.72
Pictures
13 @ $0.33 each
$ 4.29
Samples
4 Fecal @ $20.00/sample
$ 80.00
Samples
3 Fecal @ $30.00/sample
$ 90.00
Mileage
90 miles @ $0.31/mile
$ 27.90
Administrative Costs
$100.00
Total
$521.91

Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. English, the farm manager, was cooperative in that he stopped the waste flow and pumped
out the ponded waste from the field edge when asked. However, proper waste application was
not ensured which resulted in the runoff of animal waste from the sprayfield and the discharge of
animal waste into waters of the State.
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:
The discharge of animal waste was documented by elevated levels of fecal coliforms and
nutrients (see Sample Results) into an unnamed tributary to Maxwell Creek. Neither public
health problems nor damage to private property were documented.
2. The duration and gravity of the violation:
No evidence of any discharge was noticed to the water stream when crossing over the culvert
at around 4:00 p.m. as I was going to inspect Austin Farm #1 & #2. However around 5:15
p.m. as I was leaving Austin Farm #1 & #2, 1 noticed a pink tint to the water stream at the
culvert. Shortly afterwards, the point where the animal waste was entering the water stream
was found. Dams were built at the edge of the land application field and in the woods.
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 farm manager did pump the remaining
waste that was ponded at the field edge on March 28 back into the lagoon.

Amount of Waste Discharize (if applicable). If amount cannot be estimated, what is the rate
of flow reaching surface water.
It was estimated that approximately 1,500 gallons was discharged into an unnamed tributary to
Maxwell Creek.
Sample Results f applicable) with locations of samples taken noted in relation to the
discharge point:
The approximate location of all water samples is shown in Figure 2. Sample FE was taken from
the ponded wastewater above the earthen dam (see Figures 3 and 4). Sample DS1 was taken as
the wastewater entered an unnamed tributary to Maxwell Creek (see Figures 6, 7, and 8). Sample
DS2 was taken downstream of sample location DS1 where the unnamed tributary -crosses -under
farm path (see Figures 13 and 14). Sample UPST was taken approximately 20 feet upstream of
sample location DS1 (see Figure 9).
For samples taken on March 28, 2003, Sample 122 DS1 was taken in the same general area as
DS1 from March 27, 2003. Sample 122 DS2 was taken in the same general area as DS2 and
Sample UPS 122 was taken in the same general area as UPST.
Sample Results: March 27, 2003
Sample Point
FE
DS1
DS2
UPST
Fecal Coliform
72,727
109,091
41,000
45
colonies/ 100m1
NO2-N + NO3-N
0.54
0.81
0.04
0.49
m
NH3-N
693
448
134
0.8
m
TKN
760
524
193
1.5
Total P
( )
27.2
21.6
6.37
0.45
Sample Results: March 28, 2003
Sample Point 122 DSIa 122 DS2° UPS 1220.
Fecal Coliform 162 1,000 200
(colonies/100m1)
a Sample taken from same general area as DS 1 on March 27, 2003.
b Sample taken from same general area as DS2 on March 27, 2003.
Sample taken from same general area as UPST on March 27, 2003.

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator:
E & B Farms #1 - 3
Contact Person:
Charles Brinkley
Address:
P.O. Box 67, Teachey, NC 28464
Facility #:
31-122
Receiving Stream:
Unnamed tributary to Maxwell Creek
Classification:
Maxwell Creek is Class C Sw Waters of the State
Regional Office:
Wilmington
Inspector:
Chester Cobb
Report Prepared By:
Chester Cobb
Case Narrative: On March 27, 2003, Mr. Chester Cobb from the Wilmington Regional Office
of the Division of Water Quality went to inspect the Austin Farm #1 & #2. Austin Farm #1 & #2
shares a farm path with E & B Farms #1 — 3. As Mr. Cobb was leaving the Austin Farm and
following Mr. Steve English, manager of E & B Farms # 1- 3, to inspect E & B Farm #4, he
noticed a pink tint to a water stream crossing under the farm path. The water stream was later
identified as an unnamed tributary to Maxwell Creek. Mr. English and Mr. Cobb went to inspect
one of the sprayfields where Mr. English had been pumping on earlier. Upon inspection, animal
waste was flowing off the field and into the woods. Mr. Cobb followed the waste flow into the
woods and observed where the waste entered .into the unnamed tributary. Mr. English built
earthen dams at the field edge and in the woods to stop the waste from flowing into the unnamed
tributary.
On March 28, 2003, Mr. Cobb along with Mr. Stonewall Mathis went back to E & B Farms #1 —
3 to further investigate the discharge observed on March 27, 2003. Wastewater had stopped
flowing into the unnamed tributary and very little ponding was noticed in the woods. Since
wastewater was still ponding at the earthen dam at the field edge, Mr. English was asked to pump
the waste out of this area and back into the lagoon. Before we left the farm, Mr. English was
organizing help and equipment to have the waste pumped back into the lagoon.
Farm and/or Company Compliance History: Include a copy_ of CAFO Designation letters,
previous NOV', NOD's previous civil assessments etc.
August 12, 1998 Second Notice of Deficiency issued for erosion cuts and bare areas
on the dike walls of the lagoons and excess application of nitrogen
to small grains in sprayfield #1.
January 22, 2001 Notice of Violation issued for animal waste ponding, cropping
practices not in accordance with waste utilization plan, land
application fields needing improvement, and record keeping
needing improvement.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Charles Brinkley is hereby assessed a civil penalty of:
$ for of one violation for making an outlet to the waters
of the State without a permit as required by G.S. 143-215.1.
$ for of one violation of Condition No. H. 4 of the
General- Permit by applying the animal waste at a rate such
that runoff occurred.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
S 521.91 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;.
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) J. Kent Wiggins, Acting Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

F. The cost to the State of the enforcement procedures in this matter totaled $521.91
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Mr. Charles Brinkley is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. An unnamed tributary to Maxwell Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constitute 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.
D. Mr. Charles Brinkley violated Condition No. H. 4 of the General Permit by
applying the animal waste at a rate such that runoff occurred.
E. Mr. Charles Brinkley 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 permit required by G.S. 143-215.1.
F. Mr. Charles Brinkley 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.
G. The State's enforcement costs in this matter may be assessed against Mr. Charles
Brinkley pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit,
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.

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
E&BFARMS #1 -3
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FOR VIOLATION OF NORTH CAROLINA
GENERAL STATUTE 143-215.1 FOR
MAKING AN OUTLET INTO WATERS
OF THE STATE
FILE NO. DV
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, J. Kent
Wiggins; Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the
Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Charles Brinkley owns and operates the E & B Farms #1 — 3, a swine animal
operation located south-east of Register, NC along NC Highway I in Duplin
County.
B. Mr. Charles Brinkley was issued Certificate of Coverage AWS310122 under
Swine Waste General Permit AWG100000 for the E & B Farms #1 — 3 on January
26, 2001 with an expiration date of April 30, 2003. This permit does not allow
the discharge of wastewater to waters of the State.
C. On March 27, 2003, DWQ staff inspected the Austin Farm #1& 92. The Austin
Farm #1 & #2 shares a farm path with the E & B Farms #1 — 3. Upon leaving the
Austin Farm #1 and #2, DWQ staff observed wastewater in an unnamed tributary
to Maxwell Creek that crosses the farm path. DWQ staff followed the tributary
and observed wastewater running off a land application field for the E & B.Farms
#1 -- 3 and discharging into the unnamed tributary to Maxwell Creek. Maxwell
Creek is classified as C Swamp waters of the State within the Cape Fear River
basin.
D. Mr. Charles Brinkley had no valid permit for the above -described activity.
E. Condition H. 4 of the General Permit states in part "Land application rates shall be
in accordance with the CAWMP. In no case shall land application rates exceed
the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application."

0�0F WA RQG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
C North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
16 1 flu 03:7\12I I11YA I
TO: Steve Lewis, Environmental Specialist II
Non -Discharge Compliance/Enforcement Unit
FROM: Chester Cobb, Environmental Specialist II 6&1
Wilmington Regional Office
THROUGH: Rick Shiver, Water Quality Regional Supervisor V),
Wilmington Regional Office
SUBJECT: Enforcement Report
Mr. Charles Brinkley
E&BFarms#1-3
Facility Number: 31-122
Duplin County
DATE: June 13, 2003
Attached please find -the subject enforcement report which concludes that Mr. Charles Brinkley:
1) . Violated North Carolina General Statute 143-215.1 by discharging animal waste
into the waters of the State without a permit.
2) Violated Condition II. 4 of the General Permit by applying the animal waste at a
rate such that runoff occurred.
On March 27, 2003 Mr. Chester Cobb observed animal waste running off a land application field
for E & B Farms #1 — 3 and discharging into an unnamed tributary to Maxwell Creek. Maxwell
Creek is class C Sw waters of the State within the Cape Fear River Basin.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-
215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the
investigation be recovered in the amount of $521.91 pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington ReWEPOfQe a ntire Enforcement Package).
}.
S:\WQS\ANIMALS\DUPLIN\2003\31-122enA31-122memo
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service"
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NN_ aENR+

August 11, 2003
Mr. Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
Re: File # DV03-033
Dear Mr. Shiver,
We are responding to your letter of fine assessment dated 7-15-03. We are
seeking a full remission of the penalty due to the fact that the activity was
inadvertent, and that pumping activity ceased immediately when the
problem was detected.
The run-off occurred on a cattle path where the ground was packed, not to
mention the incredible amounts of rain taking place. The entire event lasted
less than one hour. We have dammed the cow path so that any run-off,
of any type is diverted away from the branch. We are also aerating and
softening our fields so as to better absorb wastes when applied.
We cannot afford to pay fines and make these improvements in order to be
more responsible, especially during seasons of torrential downpours.
Pumping expenses have quadrupled due to this year's excessive rains.
Please consider these facts as you determine our fate.
Sincerely,
Charles Brinkley
P.O. Box 67
Teachey, NC 28464
Cc: Mr. Daryl Merritt

STATE OF NORTH CAROLINA
COUNTY OF Duplin
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO. AWS310122
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 03-033
Having been assessed civil penalties totaling $ 4521.91 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, 7/15/2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment..
This the f day of , 2003.
SIGNATURE
ADDRESS
TELEPHONE
7/4- VFJJ-0'%z3

7/ 15/2003
Charles Brinkley
P.O- Box 67
Teachey, NC 28464
SUBJECT: Assessment of Civil Penalties
for Violation of General Statute 143-215.1
Farm # 31-122
Duplin County
File No. DV 03-033
Dear Mr Brinkley:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
Jut 2 5 -,
2003
This letter transmits notice of a civil penalty assessed against E & B Farms in the amount of
$452191 which includes $521.91 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention.of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Customer Service: Mailing Address: Telephone [phone]
1-877-523-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpJ/h2o. enr.state. nc. us
NCDENR
Location:
512 N_ Salisbury St.
Raleigh, NC 27699-1617

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions_
Please submit this information to the attention of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
and
Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
3_ Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within -thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Daryl Merritt at [phone], ext. 581.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality
JOP/ddm
ATTACHMENTS
cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments
Chester Cobb, WIRO w/ attachments
File # DV 03-033 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF COLUM 3US
FILE NO. DV 03-033
IN THE MATTER OF
)
CHARLES BRINKLEY
)
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
) AND ASSESSMENT OF
WATERS OF THE STATE OF
) CIVIL PENALTIES
NORTH CAROLINA
)
WITHOUT A PERMIT
)
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, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Charles Brinkley owns and operates the E & B Farms #1 -- 3, a swine animal
operation located south-east of Register, NC along NC Highway I in Duplin
County.
B. Mr. Charles Brinkley was issued Certificate of Coverage AWS310122 under Swine
Waste General Permit AWGI00000 for the E & B Farms #1 — 3 on January 26,
2001 with an expiration date of April 30, 2003. This permit does not allow the
discharge of wastewater to waters of the State.
C. On March 27, 2003, DWQ staff inspected the Austin Farm #1& #2. The Austin
Farm #i & #2 shares a farm path with the E & B Farms #1 — 3. Upon Ieaving the
Austin Farm #1 and #2, DWQ staff observed wastewater in an unnamed tributary to
Maxwell Creek that crosses the farm path. DWQ staff followed the tributary and
observed wastewater running off a land application field for the E & B Farms #1 — 3
and discharging into the unnamed tributary to Maxwell Creek. Maxwell Creek is
classified as C Swamp waters of the State within the Cape Fear River basin.
D. Mr. Charles Brinkley had no valid permit for the above -described activity.
E. Condition 11. 4 of the General Permit states in part "Land application rates shall be
in accordance with the CAWMP. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receiving crop or result in runoff during any
given application."

II.
F. The cost to the State of the enforcement procedures in this matter totaled $521.91
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Mr. Charles Brinkley is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4)_
B. An unnamed tributary to Maxwell Creek constitutes waters of the State within the
meaning of G.S_ 143-215.1 pursuant to G_S. 143-212(6).
C. The above -cited discharge constitute 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.
D. Mr. Charles Brinkley violated Condition No. H. 4 of the General Permit by applying
the animal waste at a rate such that runoff occurred.
E. Mr. Charles Brinkley 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 permit required by G.S. 143-215.1.
F. Mr. Charles Brinkley 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.
G_ The State's enforcement costs in this matter may be assessed against Mr. Charles
Brinkley pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
H. The Supervisor of the Nan -Discharge Compliance and Enforcement Unit, 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:
Accordinaly, Mr. Charles Brinkley is hereby assessed a civil penalty of:

$ for --L of one violation for making an outlet to the waters
of the State without a permit as required by G.S. 143-215.1.
$ for --L of one violation of Condition No. H. 4 of the
General Permit by applying the animal waste at a rate such
that runoff occurred.
$ 521.91 Enforcement costs
$ y, S2 f . QI_ TOTAL AMOUNT DUE
0
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface 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;
(8) The cost to the State of the enforcement procedures.
(D e) Poupart, Supervisor
on-Dischar-e Compliance and Enforcement Unit
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ^Duplin _
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. AWS310122 ) STIPULATION OF FACTS
FILE NO. DV 03-033
Having been assessed civil penalties totaling $ 4521.91 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, 7/15/2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment_ No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE

I {( )Y (:( )(")I lF R
.\"I�"IY Ii1Nla' ('rliNliltr\t"
Mr. Charles Brinkley
E & B Farms
P.O. Box 67
Teachey, North Carolina 28464
RECEIVED
�- BY:
State Of. North Carolina
Department of Justice
I'. (). Box (329
RAI_E 1Gf 1
276024 )629
June 7, 2004
REPLY'ro: Francis W. Crawley
Environmental Division
[phone]
[phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Assessment of Civil Penalties Against, Charles Brinkley d/b/a E & B Farms,
DV 03-033
Dear Mr. Brinkley:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of
this final agency decision by mailing a bank or certified check. The check should be made payable to the
Department of Environment and Natural Resources and the mailing envelope addressed as follows:
Mr. Bob Sledge
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision document,
the Department will seek to collect the amount due through a civil action commenced in Superior Court.
Very truly yours,
4.a LJ.
'ra"ncis W. Crawley
Special Deputy Attorney General
Commission Counsel
FWC/dk
Enclosure
cc: Rick Shiver
Pamela Whitley

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF:
Assessment of Civil Penalties
Against
CHARLES BRINK.LEY D/B/A
E & B FARMS
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DV 03-033
FINAL DECISION
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on 13 May 2004 upon recommendation of the Director of the Division of Water Quality for entry
of a final decision on the assessment of civil penalties and investigation costs against Charles
Brinkely d/b/a E & B Farms in the amount of $4,521.91 ($4,000.00 plus $521.91 investigative
costs). Charles Brinkley dlb/a E & B Farms' request for oral argument was denied earlier
and the request for remission was presented to the Committee on Civil Penalty Remissions for
consideration.
Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's
Findings and Decision and Assessment of Civil Penalties as stipulated by Charles Brinkley d/b/a
E & B Farms, that the Findings of Fact support the Conclusions of Law, and that the Director
properly applied the criteria set forth in N.C.G.S. § 143B-282.1 - in determining the amount of the
civil penalties. The Committee further finds that there are no grounds shown for remission or
reduction of the penalties assessed by the Director for (1) making an outlet to an unnamed
tributary of Maxwell Creek, a water of the State, in violation of N.C.G.S. § 143-215.1; and (2)

applying animal waste at a rate such that runoff occurred in violation of Condition No. II. 4 of
Swine Waste General Permit AWG100000.
Upon duly made motion and vote, the Committee finds that the assessment of civil
penalties and costs in the amount of $4,521.91 ($4,000.00 plus $521.91 investigative costs)
should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $4,521.91 against
Charles Brinkley d/b/a E & B Farms is AFFIRMED.
2. That this Final Decision and Order be served upon Charles Brinkley d/b/a E & B
Farms, and upon receipt hereof the amount of $4,521.91 be paid to the Department of
Environment and Natural Resources within thirty days.
This the day of May, 2004.
braviA. Uoreau, Chairman
Environmental Management Commission

r+I
s
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Charles Brinkley
E & B Farms
P.O. Box 67
Teachey, N.C. 28464
Rick Shiver
Regional Supervisor
Wilmington Regional Office
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
CERTIFIED MAIL
RETURN RECEIPT
COURIER MAIL
This the:)— day of , 2004.
ROY COOPER
Attorney General
w.
aA--(-
cis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

x
`Q��F W rE9QG -7 4 V v APR 3 p ?0n4 Michael F. Easley, Governor
� William G. Ross Jr., Secretary
7 r`� Department of Environment and Natural Resources
D ,c
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 20, 2004
Mr. Charles Brinkley
PO Box 67
Teachey, NC 28464
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C-G.S. 143-215.6A(f)
E&B Farms
Duplin County
Case Number DV 03-033
Dear Mr. Brinkley:
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee On Civil Penalty Remissions (the Committee) of the Environmental
Management Commission (EMC) on Thursday, May 13, 2004.
The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. Please come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
advised that the Committee cannot consider any information other than that submitted in
the original remission request.
X The EMC Chairman has considered the written record and determined that no oral
presentations will be made. You may attend this meeting, but you will not be permitted
to speak regarding your case.
Time and Location of Meetin>:
The -Committee will convene immediately following the close of the regularly scheduled
business meeting of the Environmental Management Commission in the Ground Floor
Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see
enclosed directions). You should arrive no later than 11:00 a.m. V7W'
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal OpportunitylAffirmaz}ve Action Employer
50% recycled / 10% post -consumer paper
htipYlh2o. enr. state. nc. us

Other Thins to Know About The Meetinu
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic -- meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a-m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time. If the Commission meeting runs long and you need
refreshment or food, Division of Water Quality staff can direct you to a cafeteria/snack bar that
is located on the basement floor of the Archdale Building or to other local restaurants.
If you have any questions concerning this matter, please call Daryl Merritt at [phone],
extension 581.
Sincerely,
�ya.Alan W. Klimek, P.E.
enclosure
cc: 635ck Shiver; Wilmington Regional Office
Chester Cobb, WIRO
Frank Crawley, AGO
File # DV 03-033
Central Files