960002_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

PAT MCCRORY
Governor
. s
DONALD R. VAN DER VAART
secrvary
Water Resources
ENVIRONMENTAL OUAUTY S. JAY ZIMMERMAN
rJ1rECY0Y
November 22, 2016 RECENEDlNCDENRMWR
Legacy Farms Inc NOV 2 8 2016
Legacy Farms #2
nat
604 Benton Pond Rd Water Operations
action
Operations Section
Fremont, NC 27830 WaWmgton Regional Of-ce
SUBJECT: Rescinding of NOV/NOI issued for failure to pay annual fee
Permit ## AWS960002
Wayne County
Dear Legacy Farms Inc:
On September 21, 2016, the Division of Water Resources (DWR) issued a Notice of
Violation/Notice of Intent to Enforce (NOV/NOI) against you for failure to pay annual fee for the 2015
calendar year in the amount of $180.00. However, DWR recently learned that you have not received the
invoice due to change of address as a result of change of ownership of the farm; and payment of the said
annual fee was received on November 22, 2016. Therefore, the Division hereby rescinds the NOV/NOI
letter of September 21, 2016.
We apologize for the inconveniences this may have caused you. If you have any questions
concerning this letter, please contact Animal Feeding Operations Program staff at [phone].
Sincerely,
Aol�j
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Washington Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS960002)
State of North Carolina I Eavironmental Quality I Water Resourees
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919 707 9129

Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Legacy Farms Inc
Legacy Farms #2
605 Suttontown Rd
Mount Olive, NC28365-8365
Dear Permittee,
PAT MCCRORY
Gave►go►
DONALD R. VAN DER VAART
S. ]AY ZIMMERMAN
Dirrcto►
September 21, 2016 RECEIVED
MCDEIVR/D1Mq
SEP 2 6 2016
Water Quality Regional
Operations Section
Washington Regional once
Subject: Notice of Violation/Notice of Intent to Enforce
Legacy Farms #2
Permit Number: AWS960002
Wayne County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated
July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility
has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2014PRO10855
1/9/2015
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty
(30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more
than $25,000 per day per violation against any `person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is
imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone. [phone]
-contd.-
State of North Carolina I Environmental Quality I Water ResotaccslWatcr Quality Regional Operations
1636 Marl service Center I Raleigh, North Carolina 27699-1636
919 807 6W

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Program staff at [phone] or [phone]:
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Washington Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS960002)

RECEIVEDINCDENRIDWR
JUL 12 20%
Ways Quality Regional
Water Resources operations Section
ENVIRONMENTAL QUALITY
Washington Regional 0MCO
July 8, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Legacy Farms Inc .
Legacy Farms #2
605 Suttontown Rd
Mount Olive, NC28365-8365
Dear Permittee,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Notice of Deficiency
Legacy Farms #2
Permit Number AWS960002
Wayne County
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outsj!R!E2& Fee ($
2014PRO10855
1/9/2015
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person'
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]I6
-contd.-
State of North Carolina i Environmental Quality i Water Resources/Water Quality Regional Operations
1636 Mail scrvicc Ccutcr j RaicleJ4 North Carolius 27699-1636
919 907 6464

1 .-• 1. i... IV
If you have any questions concerning this Notice, please,contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
1
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Washington Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS960002)

wit -- )
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
November 21, 2001
Mr. Franklin D. Williams
Swine Lake, Inc.
2209 Granville Drive
Goldsboro, North Carolina 27530
SUBJECT: Notice of Deficiency
Animal Compliance Evaluation Site Inspection
Swine Lake, Inc.
Facility No. 4 96-2
Wayne County
Dear Mr. Williams:
Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is viewed in DWQ database)
conducted on September 17, 2001 at the referenced facility by the Division of Water Quality from the Washington
Regional Office. Please read this inspection and keep it with all other documents pertaining to your animal
operation for future inspections.
In general, this inspection included verifying that: (1) the farm is complying with requirements of the State Rules 15
NCAC 21-1.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and/or General Perrnit; (2)
determine whether the waste utilization plan is based on total or actual wetted acres; (3) the farm operation's waste
management system is being operated properly under the direction of a Certified Operator, (4) the required records
are being kept; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiency was noted during
the inspection.
(p Fields 2,4,5 & 6 received greater than 1.0 inch/acre and field 7 received 2.0 inch/acre of wastewater
during an irrigation event, which exceeds the hydraulic recommendations in the waste utilization plan. In
accordance with condition d item 4 of your General Permit, land application rates shall be in accordance
vdth the CAWMP.
q)
As a reminder, please note the following which are conditions of the Certified Animal Waste Management Plan and the
general permit therefore these items must be implemented
(p The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a
minimum, maximurn waste level for waste for tagooiWstorage ponds must not exceed the level that provides
adequate storage to contain 25 year, 24 hours storm event plus an additional foot of structural freeboard
q) Soil analysis is required annually
q) The following records are required: rainfail and lagoon level data, off -site solids removal, maintenance, repair,
waste/soil analysis and land irrigation records. These records should be maintained by the facility
owner/manager in chronological and legible form for a minimum of three years.
q) Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed
the Plant Available Nitrogen (PAN) rate for the mceiving crop or result in runoff during anv Qive aynlicatiom
(P In accordance with you waste utilization plan, the irrigation application events should not exceed the hydraulic
loading as specified per the soil type and in no case should an irrigation event exceed one inch per acre.
q) Keep lagoons/storage ponds free of foreign debris including, but not limited to tires, bottles, plastic products,
light bulbs, gloves, syringes or any other solids waste.
cp The lagoon areas should be kept mowed or otherwise controlled and accessible. High grass does not allow
you to conduct a thorough inspection of the lagoon area for seepage, rodent damage, etc.
T It is suggested not EpgjjTd to keep crop yield information for future use to update your waste management
plan. You will need three years of crop yield data before your plan can be updated
943 Washington Square Mall Washington, NC 27W9 252-946-Wl (Telephone) 252-946-9215 (Fax)

Page Two '
Swine Lake. Inc_
# 96-2
Thank you for your assistance and cooperation during the inspection., If you have any questions, please contact me at . -
252/946-6481, ck 318 or your Technical Specialist.
Sincerely, 1
d• l-dzhc4,p�
Lyn B. Hardison
Environmental Specialist
Cc: Wayne MRCS
Mike Regans, NCCES
Non -Discharge Compliance Unit (w/out attachments)
NC C-WaRO (w/out attachments)
aR0 Animal Compliance File
LBH files

Division of Water Quality
0 Division of Soil and Water Conservation
0 Other Agency
(Type of Visit ® Compliance Inspection 0 Operation -Review 0 Lagoon Evaluation I
Reason for Visit O Routine 0 Complaint 0 Fallow up 0 Emergency Notification 0 Other p Denied Access
Facility Number Date of Visit: r 9/17l1001 Time: r 800 am Printed on: 10/5/2001
O Not OperationalO below res o
Permitted N Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: •.••. ...............
Farm Name: Swine.Lake.Inc..................... ... County: Wayne.................................................WARO........
Owner Name: Franklin D. Williams Phone No: [phone]
Mailing Address: 2199.4 r?AY.11f.JD.1.Y.g.............................
Facility Contact: ....... .......... _....................................... .................. Title: ......... ......... .............. ......__........................ Phone No:
....................................................
Onsite Representative: JF�ank'!)11a1?!s.............. ................... ....................................... Integrator:IIQRII'.3.4..itFQ�lSIB.�AIG.................................
Certified Operator. Franklin..D......................... Williams........................................... Operator Certification Number: BEV ............................
Location of Farm:
wy 117 south from Golds6oro to Old ML Olive Hwy. turn left goo Genoa Rd. turn left. go miles to amp rat ee Rd.urn j,
eft. approx. 1/2 mile on. right
■ 5wine 13Poultry p Cattle p Horse Latitude ©• ®� ©� Longitude ®•
Design Current
Swine Capacity Population
®
can to k
ceder
4500
®P
eeder to 1,
unsh
3800
1050
,3
Farrow to
W can
17
1, arrow to
F ceder
[3
k arrow to
1, mis
0
p
boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
Layer Vairy
Non -Layer on- airy
Other
Total Design Capacity 8,300
Total SSLW 648,000
Number of Lagoons ® F13-9u5surtace Drains Present 1113 Lagoon Area p3 Spray k1eld Area
Holding Ponds / Solid Traps JE3 No 17iquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: p Lagoon p Spray Field 13 Other
a. If discharge is observed, was the conveyance man-made? p Yes ® No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) p Yes ® No
c. If discharge is observed, what is the estimated flow in gal/min? na
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes ®No
2. Is there evidence of past discharge from any part of the operation? p Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 13 Yes ®No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway 13 Yes ® No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier ...................................................... ...................................... ...... .tabariduwd ....... ...... Abandazird.......
Freeboard(inches): .............. 2Z.............. ............... 24....... :....... ............... ,31....... ......... ............... 4.1............... ............... 5..3-............ ............... 5.3...............

Facility Number: 96 _2 Date of Inspection Printed on: 10/5C2001
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes ■ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? 13Yes ■ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? 13 Yes p No
8. Does any part of the waste management system other than waste structures require maintenancerimprovement? p Yes ■ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? p Yes ■ No
Waste Application
10. Are there any buffers that need maintenance/improvement? p Yes 0 No
11. Is there evidence of over application? p Excessive Ponding gqPAN ® Hydraulic Overload 0 Yes p No
12. Crop type
13. Do the receiving crops differ with those designated in We Certified Animal Waste Management Plan (CAWMP)? p Yes ® No
14. a) Does the facility lack adequate acreage for land application? p Yes p No
b) Does the facility need a wettable acre determination? p Yes p No
c) This facility is pended for a wettable acre determination? p Yes p No
15. Does the receiving crop need improvement? p Yes 0 No
16. Is there a lack of adequate waste application equipment? p Yes 0 No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? p Yes ® No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ )XUP, checklists, design, maps, etc.) p Yes ® No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) N Yes E3 No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ®No
21. Did the facility fail to have a actively certified operator in charge? p Yes ®No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) 13 Yes N No
23. Did Reviewer/lnspector fail to discuss review/inspection with on -site representative? p Yes ® No
24. Does facility require a follow-up visit by same agency? p Yes ■ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? p Yes ® No
In No violations or aeliciencies were noted unng this visiL You will receive no further correspondence about is visit.
Comments (refer to question ft 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): 0 Field Copy p Final Notes
Records available for review.
ere are 4 active lagoons and 2 inactive lagoons. The large hole in the very back is a pond. It was dug to get the dirt
o build the other lagoons. One lagoon was closed several years ago. The other 2 lagoons are part of the waste
utilization plan.
New waste plan dated 12/2000.
Waste analysis: 7/9/01 = 0.75 lbs.; 4/3/01 = 1.8 lbs.; 9/15/00 = 0.60 lbs.
Soil analysis - the last sample dated l /3/01 is the results count for year 2000 results. SEE PAGE 3
T
Reviewer/Inspector Name Lyn B. Hardison entered by Ann Tyndall
ReviewerlInspector Signature: Date: 9 _. l -7 10 1

05/03/Ol Continued
acr t y umber: 96� Date of Inspection 97TiZ� Printed on: 10/5/2001
Odor Issues
26. Does the discharge pipe from the confinement build ng to the storage pond or lagoon fail to discharge actor below 17 Yes 13 No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, p Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? p Yes ® No
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.) p Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? p Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? p Yes p No
_
e,sure to pull -samples this year qr 2001_analysis Y
v
tine has been appheditlits year F r� " y
mgationYiecords are codiplete and balanced out Eddie Rowesdoes`the pumping Fields 2 & 4 S 6_received >1} 0
>>
ncllacre (1 2"/ac/event}: This"is a deficiency of the waste tilt atron plati� Need to adjust fhe pumping procedure
r
o,no_ t exceed 10 inclilac Field 7�Teceived2°'/a"c deficteiic
everal "im'gatton_Svents in August were,.deducted from last year s small>gratn __ F _;
eed f putthese events on this year,,s�coastal fields and eomplet&the computations f s x
x y .� x;
oli'ds build u J'-M ist I- noon-M want to addr ss this vex soars s
3itnals �sll�bemovecl ou#soon andmay not resfock { nsitre)"
onttnue to addtess bare pots on dike1wail
f you }laht uicliret52945bscontacour Teclm1extnin 31yJ.venygeeso c8:
T-
_} - '^•t
�-� � '""sue... -�-z �".T",.a`'e ��,.+ -� ��✓..-ss.2, _ -s... � � f -c 'a- _ r
a
....•�'. t, ..tea rx: .�� :�. -c -„- "`
a•s:.E _._ ..- �..:'sr. _...a =% �^x-,...�: �. C�' ....--- _ 7.'.._.� �-� -.z _ _ ?'..?. _ . -_ �"s ... _. a ..

State of North. Carolina _ = _. - _ STATf
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
B.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
December 31, 1998
Mr. Jimmy Vinson
Browns of Carolina
P. O. Box 487
Warsaw, NC 28398
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Swine Lake Inc.
Facility No. 96-2
Wayne County
Dear Mr. Vinson:
On October 5, 1998, I conducted an Animal Feedlot Operation Site Inspection at the Swine Lake
Inc. in Wayne County. A copy of the inspection report is attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste
Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15
NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm
operation's waste management system is being operated properly under the direction of a Certified
Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or
runoff. The following deficiencies were observed during the inspection
♦ You are using an incorrect PAN in several fields. Recheck the waste plan and IRR 2
records to make sure the correct PAN are being used. In addition, it is suggested to map
out the irrigation pulls on the maps in correlation to the plan.
♦ Even though the four active lagoons are in series, it is very important to routinely check
the pipes that connect the lagoon for blockage. The level in lagoon 1 was at the top of
the dike wall and at the point of overflowing. The reason for this was that the pipe was
clogged. It is recommended to implement a maintenance plan to daily check all pipes
that carry wastewater from the house to lagoon, between lagoons, back to the houses
and irrigation lines. This plan should include a checklist that is used daily.
♦ The spray fields have an abundance amount of weeds. It is suggested to consult with
the County Extension Office. or Area Agronomist for weed control and crop
management guidance.

Cont.- Page Two _
Swine Lake Inc. -
j Facility No. 96-2
December 31,1998
In addition to the aforementioned deficiencies, --it is important that you determine the wetted
acreage in each irrigation pull and map these patterns out in relationship to your waste
management plan. The IRR-2 records can be kept by irrigation pull and the computations
completed by wetted acres.
It is very important as the owner and the Operator in Charge that you resolve these
aforementioned deficiencies and any other problems that may arise, as soon as possible. For
additional assistance, please contact your Technical Specialist. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have
resulted or may result from these deficiencies. Failure to comply with your Certified Animal
Waste Management Plan and General Permit could result in civil penalty assessment and/or
revocation of your General Permit.
Thank you for your cooperation and assistance during the inspection. Should you have further
questions or comments regarding this inspection, do not hesitate to call at [phone], ext.
318.
Sincerely,
Lyn B. Hardison
Environmental Specialist
cc: Mike Regans
Wayne County SWCD Office
DSWC-WaRO (w/out attachments)
Compliance Group (w/out attachments)
WQ Central Files
—WaRO
943 Washington Square Mall, Washington, NC 27889 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 5011/orecycled/10% post -consumer paper

41
Facility Number Date of Inspection$
Time of Inspection ® 24 hr. (hh:mm)
13 Registered 0 Certified 13 Applied for Permit ■ Permitted 113 Not Operational 1 Date Last Operated:
Farm Name: Swjn:e.Lake.1nc.............................................................................................. County: Wayne WaRO
Owner Name: Franklin.D........................... Williams .................................................... Phone No: 919.7-135-1242 .........................................
Facility Contact: Jimmy —Vinson ................................................Title:............................................................... Phone No: &U-S21 632ft.ea;t..238.......
Mailing Address: ]E'...la .Boa..4S7........................................................................................w.arsatx..NC.......................................................... 28a9R ..............
Onsite Representative: Jimmy.V.insan,.Glaw-Daxis...
Integrator: Bru.—d Ws.xef.Caraliva,.Lac..................................
Certified Operator: Daxlitl...................................... :jT.ex4'...................... ............................... Operator Certification Number: 1879-5 ............................
Location of Farm:
Latitude ©• ®L ©°�
ju
esign u
Swine Capacity,"Popi
®Wean to Feeder
® Feeder to mis
p Farrow to Wean
p 1, arrow to Feeder
p Farrow to Finish
p Gilts
p Boars
Longitude ®• ®� ®°�
Design urren
°3
ayer -
J Total Desi
T
vesign .- _%-urrenr
le Capacity �Populatibn . .
Non-Vairy
p tyy -8,300
W
i1TSSLW .648,00
General
1. Are there any buffers that need maintenance/improvement? p Yes IN No
2. Is any discharge observed from any part of the operation?
Discharge originated at: p Lagoon p Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
7125/97
p Yes ® No
p Yes ® No
p Yes N No
n/a
p Yes ®No
p Yes N No
p Yes ® No
p Yes ® No
13 Yes ® No
p Yes N No
Continued on back

---
-$::-Are therelagoon`s_oi stdrage'ponds'on site-which.need to be properly -closed?- —_--13
Structures (Lajj§ns,Ho1ding Ponds Flush Pits etc. -
9. Is storage capacity (freeboard plus storm storage) less than adequate? p Yes ® No
Structure 1 Structure 2 Structure 3 , _ Structure 4 Structure 5 Structure 6
Identifier:
Freeboard(ft):...............0-0 ......... _................... La ............... .............. 2.0....... ....... ............. 2 7.5......................................................................................
10, Is seepage observed from any of the structures? 13 Yes g No
11. Is erosion, or any other threats to the integrity of any of the structures observed? p Yes g No
12. Do any of the structures need maintenance/improvement? g Yes p No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers? p Yes g No
_Waste Application
14. Is there physical evidence of over application? 0 Yes g No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ..... CoasWBezmuda Grass.......S U.Gzai�n1.(..V1d=t.. BarIgy......................................................................................................................
16. Do the receiving crops differ with those designated m the' Anun)al Waste Management Plan (AWMP)? [3 Yes g No
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
EX • o V O e5•ore 4ieft6eee•ftte gtIs Visit,- • 6 i'ee1Ve it rtee •
. .
sitorresandeice aWtit lti-vi.. . .p'
p Yes g No
g Yes p No
p Yes g No
13 Yes g No
0 Yes ONO
g Yes p No
13 Yes g No
p Yes g No
p Yes g No
Comments {refer toquestion #�F�plain?any YES answers aAdfor any recommendations arsany other�comments: � � y
Use drawings of iacih� torabetter e�plsin�"situations (use:additional pagesas'a_ecessary) �' - �
12 = grass:`on;dike+allhasrim roved smce:last' ear, ut'theres room for improvement 'Continue yorts to'establish a—
4 - �''`.---'�F`E..i� IL T'7x..,�4y�_'��".r..�,�t� � - �e....as� r-.. x""'""a � ea,.c• a' ' .� � ¢ _
complete grass•cover '"-4'�'M
� '�.- ,.
�A�.- t�Y�tl>x7`•-���:`'�e��a.,.--'r3'-�'L'+�'"'��C'��,i ^,.-...."'�"''a'.^""�. ai�"� •y„Ci -i.. +-r.,
.•�
8 ,,;.WeedsUioted�in s rayfield ^' ce3weed•control�e� ffeeff g more_oi consul �w-ith_the Co Arg min st for guidance.
-�,
�"
Y i.� a �.rr -�'. � . .s �'► 3e+3".d r3dwi < Yc+re+. ��`-*� 'E-E.,s� r � 5.x"1t � G!
S22 .Incorrect PAN'used on a cou le of fields Recheck1the waste plan a'nd correlate the.ungarion events to the,plan-and maps:
'�"�a.�,�-A-`r��C�i�sd3"" "•. '` �.��Jw�-'.
�`-'�- �e�r '�r,M
�� '�+�"'.,�� r�,,�-r�2�-,-,,.T-. �,•,s �",-•
orrect the Irrr2 recoxds�^--3L:� x� ., -, y
�.•3011
r �+...e` ate.*_wiiterleveliin
Iagoon�# was <the4top of te dice wall (atYthe-point of overflowing .--• e5line th&,connects lagoonU to 2 was
logged ° tjts suggested_to implemen �a to!c ec the .lines carrymg.waste egular y, to zemove trafrom agoonrregulariy°`
�,�;,,, . _ `.,�u-;max.+"-.��.
,
amtenance,chec o_n theumps, lines; homes, etc: Records ofthese-rouhnecheckshopt readily avails le for,mspechons.
b";E. _ .
R ave any questions,. ;lease con#act V e at`?252 946-G"481 e1 .31 � ti
ki�ts,v; .a.iiz
Reviewer/Inspector Name yn �iardison� r �`
Reviewer/Inspector Signature: % Date:

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
,Tames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 25,1998
Certified Mail
Return Receipt Requested
Attn: Franklin D. Williams
Swine Lake Inc
PO Box 487
Warsaw NC 28398
Ltt
10
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
i
JUN 2 9 1998
WASHINGTON REGIONAL OFFIG'
DWO
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Swine Lake Inc
Wayne County
Farm #: 96-2
OV 97-105
Dear Franklin D. Williams:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and hereby
modify the assessment.of $500.00 to the total of $100.00.
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the
Department of Environment, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment
of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: TP¢Regional— Office
Case File #OV 97-105
Central Files

BROWN'S
OF C.A.
Lyn Hardison
Environmental Specialist
N.C. DENR
943 Washington Square Mall
Washington, N-C. 27889
Dear Lyn,
May 29, 1998
U
JUN 1
WASHINGION OREGIONAL OFFICE
This is in response to your letter of May 15, 1998, regarding Notice of
Deficiency,Taciiity, 96-2, Wayne County, operated by Brown's of Carolina, Inc.
Upon arriving at the farm on Sunday, May 3, 1998, wastewater was ponding in
low areas at the rear of the house. The water had flowed from the door of the house. The
flow had been stopped. It was apparent that the flush line to the lagoon was blocked. We
managed to get the line open and upon emptying the pit, F01-11Id a piece of wood had
blocked the outlet causing the pit to overflow.
We estimate, based on the size of the flush tank and timing, that -the spill was
between 1500 and 2000 gallons.
All water standing was pumped up and returned to the lagoon, including what -
could be collected on the adjoining property.
It is the policy of this company to usually inspect, recycle and flush systems
morning and evening as well as keeping them in proper operating condition. This policy
has been re -stressed to the farm manager of BOC-32 and wi I I be monitored to see that it
is done.
239.
If I may be of any further assistance, please contact me at 1-800-871-6326, ext.
tiincerel�=.
Glenn Davis
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE [phone]

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
May 15, 1998
Mr. Frank Williams
Swine Lake Inc.
300 Trailer Road
Goldsboro, North Carolina 27532
RE: NOTICE OF DEFICIENCY
Swine Lake, Inc.
Facility No. 96-2
Wayne County
Dear Mr. Williams:
- ,E SWE 'cj'ti
20. 1Tjs O
QUAM
X
C
On May 4, 1998, Mr. Jimmy Vinson notified this office of an overflow of animal wastewater
from a flush tank of approximately 2 — 3,000 gallons and the product was contained. I met with
Mr. Glenn Davis and Mr. David Tew on site later that day to discuss the overflow. It was
explained that a board blocked the line from the flush tank to the lagoon causing the overflow on
May 3, 1998. The wastewater overtopped the flush tank and flowed onto the ground into a low
swale area, which leads to a field of an adjacent property owner. Some of the wastewater was
observed ponding on the ground adjacent to the flush tank, in the swale area adjacent to the
lagoon and on the adjacent property. Mr. Davis and Mr. Tew were advised to collect all the
ponding wastewater and put it into the lagoon.
Please provide this office with a letter within fifteen (15) days from receipt of this Notice
explaining: why this event occurred, how much product overflowed the tank, what remedial
actions were taken to restore the area affected by the overflow (including the adjacent property)
and how you will prevent such events from occurring again.
In addition, it is recommended to develop a maintenance checklist schedule that will be
implemented by the Operator in Charge and/or the staff onsite. The maintenance checklist
should include but not limited to the following: daily and/or weekly inspections of flush tanks for
debris and overflows, cracked lines (recycle, irrigation and influent lines), trash and debris in the
lagoon, pumps (recycle and irrigation), hydrant, dike structures and vegetation and storm
943 Washington Square Mall, Washington, NC 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

4. ,
Cont. Swine Lake, Inc
Mr. Williams
96-2
drainage structures. These are only some of the items that should be included on the
maintenance checklist.
Nothing in this letter should be taken as absolving this facility of the responsibility and liability
of any violations that has resulted or may results from any deficiency. Please note that a
discharge of animal wastewater to surface water of the States is a violation of North Carolina
General Statute 143-215.1. Failure to comply with your Certified Animal Waste Management
Plan and General Permit could result in civil penalty assessment.
Thank you for your cooperation and assistance during the inspection. Should you have further
questions or comments regarding this inspection, do not hesitate to call Lyn Hardison at (252)
946-6481, ext. 318.
Sincerely,
Lyn Hardison,
Environmental Specialist
cc: Glenn Davis Brown's of Carolina Post Office Box 487 Warsaw NC 28398
Wayne County SWCD Office 208 W. Chestnut St. Goldsboro NC 27530
Compliance Group
,Xga o
943 Washington Square Mall, Washington, NC 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Empioyer

'ROWNNBROLINS
Lyn B. Hardison
Environmental Specialist, DWQ
943 Washington Square Mall
Washington, N.C. 27889
Dear Ms. Hardison,
December 29, 1997
REC IV 3
WASHING N OFFICE
DEC 3 p 1997
D.EM.
Mr. Frank Williams, owner of the Swine Lake Facility 9 96-2, asked me to send a
response to the letter he received from you dated November 24, 1997.
All of the items discussed in the letter have been addressed. We continue to
monitor the lagoon levels. Also, the reseeded lagoons were a result of us removing the
shrubs that had grown up on the dikes and we will make sure any eroded areas are
reseeded.
Mr. Williams contacted Patricia Gabriel with NRCS about the lagoons that are not
being used. She suggested that he remove the inlet pipes and make sure all the surface
water was diverted. He has contacted a contractor to get this done, but at this time I do
not know if it has been done yet.
If you have any questions, please feel free to call me_
Sincerely,
v
?Ji'i�-ntmnyinson
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE [phone]

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
November 24, 1997
Mr. Franklin D. Williams
Swine Lake, Inc.
330 Camp Trailer Road
Dudley, NC 28333
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Swine Lake, Inc.
Facility No. 96-2
Wayne County
Dear Mr. Williams:
On October 29, 1997, David Tew of Browns of Carolina and I of the Division of Water Quality
from the Washington Regional Office conducted an Animal Feedlot Operation Site Inspection at
the Swine Lake Inc. Farm in Wayne County. A copy of the inspection report is attached for your
review.
In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste
Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15
NCAC 21-1.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm
operation's waste management system is being operated properly under the direction of a Certified
Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or
runoff. The following deficiencies were observed during the inspection
1. A complete Certified Animal Waste Management Plan (CAWMP) was unavailable
for review on October 29, 1997. Upon receiving your general permit, you will be
required to maintain a copy of the General Permit and the CAWMP with all of its
components on site at the farm. Please refer to the inspection report for the
necessary items.
2. It was obvious that work had been done on the dike walls of the active lagoons,
however there are some concerns of the integrity of the walls given there is no
vegetation. It is your responsibility to work toward establishing a good cover of
vegetation on the dike wall and to make sure the structures are well maintain to
prevent possible environmental damage if the dike wall would happen to erode
away.
943 Washington Square Mall Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Page Two
Swine Lake, Inc.
Facility No. 96-2
November 24, 1997
The abandon lagoons must be addressed either by including them in the waste
management plan or develop a closure plan for each.
4. The abandon houses are still draining into the abandon lagoons and it would be
beneficial to cap off and/or remove any of the discharge lines to the lagoons. Some
of the old houses do not have roofs and the rainwater is running into these lagoons.
It was mentioned that there were plans to clean up the old abandon houses.
5. It is very important that the lagoon levels are lowered enough to accommodate the
winter months. According to the weather specialist, this may be a very wet year.
It is very important as the owner and the Operator in Charge that you resolve these
aforementioned deficiencies and any other problems that may arise, as soon as possible. For
additional assistance, please contact your Technical Specialist. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have
resulted or may result from these deficiencies. Please provide this office with a written response
to this Notice illustrating how the mentioned deficiencies have or will be corrected.
Thank you for your cooperation and assistance during the inspection. Should you have further
questions or comments regarding this inspection, do not hesitate to call at [phone], ext.
318.
Sincerely,
Lyn B. Hardison
Environmental Specialist
cc: Browns of Carolina
Wayne County SWCD Office
DSWC-WaRO (w/out attachments)
Compliance Group (w/out attachments)
WQ Central Files
j%4VaRO

lip Koutine a Complaint p Follow-up of DWQ inspection p Fo
Facility Number
p Registered E Certified E Applied for Permit p Permitted
Farm Name: Swine.Labe.I:ac.........................................
Owner Name: Franklin.D........................... Williams
-up of u�owt_ review p Vtner
Date of Inspection
Time of Inspection ® 24 hr. (hh:mm)
In Not op= Date Last Operated:
........ County: Wayne WaRO
Phone No: 91R-13AA5.61..........................................................
FacilityContact: Dayid.Tlew.......................................................Title:............................................................... Phone No:....................................................
MailingAddress: EO.$ox.487............................................................................................. W=aw..NC .......................................................... 2839a ..............
Onsite Representative: David.Taw................................................................................... Integrator: RrowW.s..QLCarDfi=.Inc..................................
Certified Operator:Dayid..................................... .T.ew.................................................... Operator Certification Number: IR7,95.............................
Location of Farm:
Latitude Longitude ®• ®°��
v - esign urren - = -
= es►gn Curren esign _ urren
Svnne .. _ '=-Capacjty Population Poultry
_ -Capacity Population =Cattle W =Capacity Populatttin -
ayer
_ - p Non -Layer p Non -Dairy
-�
E3 Other
-
u
Total Design Capacity
SSLW -
Number of Lagoo s 1 Holding Ponds a ❑
u sur ace rains resent p agoon Area 13 pray ►e Area
- - -0
o ► ante management fem — -
Liquid - age. YS
- --
®
® Feeder to Finish
p arrow to Wean
p arrow to Feeder
p Farrow to Fin13 ish
Gilts
Boars
General
1. Are there any buffers that need maintenance/improvement? p Yes 11 No
2. Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: p Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? p Yes 11 No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) E] Yes ® No
c. If discharge is observed, what is the estimated flow in gal/min? n/a
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes ®No
3. Is there evidence of past discharge from any part of the operation? p Yes ® No
4. Were there any adverse impacts to the waters of the State other than from a discharge? r3 Yes ® No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ® Yes p No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ® No
7. Did the facility fail to have a certified operator in responsible charge? p Yes ® No
7/25/97
General
1. Are there any buffers that need maintenance/improvement? p Yes 11 No
2. Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: p Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? p Yes 11 No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) E] Yes ® No
c. If discharge is observed, what is the estimated flow in gal/min? n/a
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes ®No
3. Is there evidence of past discharge from any part of the operation? p Yes ® No
4. Were there any adverse impacts to the waters of the State other than from a discharge? r3 Yes ® No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ® Yes p No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ® No
7. Did the facility fail to have a certified operator in responsible charge? p Yes ® No
7/25/97

96_2
there Lagoons or storage ponds on site which need to be properly closed?
R Yes
p No
cures {Laaoons.Holdin� Pgnds. Flush Pits. etc.)
g. Is s:.orzQe canacin• (freeboard plus storm storage) less than adequate?
p Yes
® No
Structure I Structure 2 Structure , Structure 4 Structure 5
Structure
6
i en. 52 __......... active ............ .... ....... actiyr............ ............ actLv.c........ .... ............ ctin~........... ahandon.........
.........
.........ahandon .........
2.0 2.0 2.0 1.67 3.0
2.0
1 setoaaz observed from any of the structures?
p Yes
® No
s ere,io�. or any- other threats to the integrity of any of the structures observed?
R Yes
p No
2_ -1 anv of the structures need maintenance/improvement?
®Yes
(3 No
CIf any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
_ D -1?} of the structures lack- adequate minimum or maximum liquid level markers?
p Yes
®No
ADI)liMion
ohysical evidence of over application?
p Yes
® No
iL in excess of WMP, or runoff entering waters of the State, notify DWQ)
_....CoastaI3ermuda..Grass....... Srnall.Graintt..(.VVI=t.Barley._...............................................................................................................
16_ D`� �:: re:ei� ing crops differ with those designated Ln ihe' Aniimal Waste Management Plan (AWMP)?
p Yes
R No
"_ Dco-_s the faciliry have a lack of adequate acreage for land application?
p Yes
® No
S. D,Y_ the r:ceiving crop need 'improvement?
p Yes
® No
1 i_ :per: a iack of available waste application equipment?
p Yes
®No
Vie_ faciiin. require a follow-up visit by same agency?
p Yes
® No
::. Did Re-,iewer Inspector fail to discuss review/inspection with on -site representative?
p Yes
®No
-. Does record keeping need improvement?
® Yes
(3 No
For Certified or Permitted Facilities Only
Do-_; the facilin, fail to have a copy of the Animal Waste Management Plan readily available?
® Yes
17 No
=_ Vs'_re any- addirional problems noted which cause noncompliance of the Certified AWMP?
® Yes
p No
_:. NVere an.- additional problems noted which cause noncompliance of the Permit?
® Yes
p No
q . _ .:o -vzo tions. or deficiencies-were.note . unng t is visit.. ou. wi .receive no further
. .
t e e5lltipd�r4ee �bQu Hii$.yi$i}.:. ... . .. :. .
iomi or 5 Lagoons t4 active ant 4 aoanaon): fF i Lagoon- D.u- rreeooara, n b - :).u- neeooara. _
e dike wall of the existing lagoon have had some some work done to them, however the walls lacked vegetation: _The -abandon
a;*iii did'not have a good cover of vegetation eitfier. The walls of the abandon lagoons appeared to had been constructed'of sand
We iba: # l 1�& 12 =Need to esiablisfi a`good vegetation cover on these disturbedareas.+Without a good cover on the dike wall•:
de, on and down past the toe), the integrity of the structure can be compromised due to erosion. Trees, shrubs and oilier woody
egetatiod shall' not be allowed to grow on the lagoon waste storage pond einbankments.__ .
5f_ The site needs to be cleand up and the stortnwater should be re -ranted away from the lagoons, even the abandon ones..-
: .-
8 =The abandon lagoons must be address either in the certified waste management plan for proper management or develop closur
Tans for each of them.
Reviewer/Inspector Name
Reviewer/Inspector Signature: A" �� � � � Date: It_;2-t_7-7

94^2 I►a�e of lnNlrcclirur
U
onat Comments and/or Drawings: -
22; 23;24,25 -The certified animal waste management plan (CAWMP) was incomplete. Need to following: up to date waste°• 4
Hization plan, lagoon designs, operation and maintenance plan, irrigation parameter, waste and soil analysis and site map of the-.
peration. All these items plus the certification form and odor, insect and mortality checklist (which you must fille out by 12/98)
components of your certified plan and this plan must be available during inspections.
'eed to lower the lagoon levels before winter.
The following items are conditions of the Certified Animal Waste Management Plan and are conditions of the general permit
therefore these items must be implemented.-
- Keep lagoons/storage ponds free of foreign debris including, but not limited to tires, bottles, plastic products, light bulbs, gloves,
syringes or'any other solids waste.
- Pipes discharging wastes into the Iagoon should be extended beneath the surface of the lagoon to avoid releasing gases from
agitated wastes. -
- The lagoon areas should be kept mowed or otherwise controlled and accessible. High grass does not allow you to conduct a
thorough_ inspection of the lagoon area for seepage, rodent damage, etc.
- An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time of application as practical and at
least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen,
Phosphorus, Zinc and Copper. --
= Soil analysis is required annually
- All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages. The outlet can b
another vegetated channel, an earth ditch, stabilization structure, or other suitable outlets.
- It is suggested to keep crop yield information for future use to update your waste management plan. You will need three years of
crop yield data before your plan can be updated.
Sake sure you read the general permit thoroughly when you receive it. If you have any questions, please contact me' at.
19-946-6481, ext. 318
IV

State of North Carolina
Department of Environment,
Health and Natural Resources s .
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
October 31, 1997
iEti )
WASH ING i��� i �N OFFICE
RETURN RECEIPT REQUESTED
NOV 1 4 1997
Attn: Franklin D. Williams
Swine Lake Inc
PO Box 487
Warsaw NC 28398
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F .0201
Swine Lake Inc
Facility #: 96-002
Wayne County
Case #: OV 97-105
Dear Franklin D. Williams:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Franklin D. Williams in the amount of $500.00.- This assessment is based upon the following
facts:
Franklin D. Williams operates an animal operation and associated animal waste.
management system in Wayne County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system. ^
In accordance with 15A NCAC 817.0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax 919-7;5-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Franklin D. Williams failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F .0201(a).
Based upon the above facts, I conclude as a matter of law that Franklin D. Williams
violated or failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A
NCAC 8F .0201. A civil penalty of not more than $1,000 per day may be assessed against a
person who is required but fails to designate an appropriately certified wastewater treatment
operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500.
Based upon the above facts and conclusions of law, I hereby assess Franklin D. Williams a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201.
Please find attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such

a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
KO
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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

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. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
PERMIT NO. )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties'totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of 119
SIGNATURE
ADDRESS
TELEPHONE

ANIMAL WASTE MANAGEMENT 'SYSTEM
OPERATOR IN- CHARGE
DESXGNATION FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR- IN CHARGE
Home Mailing Address -
City S tate Zip
Certificate = _ Social Security r
Worn Phone Hone Phone
Signature Date
3 rd
Mailing. Address. City
State Zip Telephoner
Signature Date
i f
Please Mali to: WPCSOCC
Division of Water Quality
P. O. Box 29535
Raleigh, N.C. 27626-0535

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Franklin D. Williams
Swine Lake Inc
330 Camp Trailee Rd
Dudley NC 28333
Dear Mr. Williams:
1••
E) E-�- H IN,-
WASH1NGi0N ___
April 3, 1997
ce
ARR 0 7 1997
IL F. IL
SUBJECT: Notice of Violation
Designation of Operator in Charge
Swine Lake Inc
Facility Number 96--2
Wayne County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
. Water Quality Section
bb/awdesletl
cc: Washington Regional Office
Facility File
Enclosure
P.O. Box 29535. N���� FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal FAX
Action Employer
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