400009_ENFORCEMENT_20171231

2 19
NHTH CAHQLINA
Department of Environmental Qual

ENFORCEMENTIN
ENFORCEMENT

Michael F. Easley, Governor
William G. Ross Jr., Secrcury
North Carolina Depar ncnt of Environment and Natural Resources
Alan W- Klimek. P-E. Director
Division of Water Quality
Aquifer Protection Section
September 6, 2005
CERTIFIED MAIL
RETURN RECEIPT RE_Q_UESTED
7003 3110 0002 0608 6474
Richard Holloman
PO Box 146
Walstonburg, NC 27888
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Shirley Farm
NPDES Permit No. AWS400009
Greene County
Dear Mr. Holloman:
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215-1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit -
The General NPDES Permit, Condition II1.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March 1 of each year for the previous years activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form for the year
2004 as required by your NPDES permit. To avoid possible enforcement action for a violation
of your permit, return by 15 days to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636 NorthQ11hna
�l-atura!!!l
Aquifer Protection• section 943 Washington Sq. Mall Phone [phone] Customer Service
Internet: http://h2o.enr.state.nc.us Washington, NC 27899 Fax [phone]-62`-6745
An Equal opportunVAffirmative Action Employer- 50%. Rerycledlt 0 6 Ppst Consumer Paper

Richard Holloman
Page 2
5epL 6.2005
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by 15 days from receipt of this letter. The Division of Water Quality has the authority
to levy a civil penalty of not more than $25,000 per day per violation. Information submitted
will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the
Director with the enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact me at
252-948-3939 or Keith Larick at [phone]e
Sincerely,
David May
Aquifer Protection Regional Supervisor
cc: Facility File 40-09
APS Central Files
Premium Standard Farms
Division of Soil and Water, Washington Regional Office
Greene Soil and Water Conservation District

State of North Carolina
Department of Environment and
Natural Resources
'Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NC ENR
Nc>Frn--1 C.4F2OLINA DEPARTMENT c>Fr
ENVIRplVMENT AND NATUF2AL RESQURGES
DIVISION OF WATER QUALITY
January 29, 1999
Mr. Richard Holloman '
J & H Milling Co. - Shirley Farm
P.O. Box 146
Walstonburg, North Carolina 27888
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
J & H Milling Co. - Shirley Farm
Facility No. 40-9
Greene County
Dear Mr. Holloman:
On April 30, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at
the J & H Milling Co. - Shirley Farm in Greene 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
w Animal'Waste Management Plan (CAWMP) and the General Permit; (2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; (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.
➢ . The current waste utilization plan for your facility does not contain all of the
receiving crops and/or land that are being utilized for waste management. All
receiving crops and/or land being utilized for waste management are required
943 Washington Square Mall, Washington, North Carolina 27889
Telephone [phone]-WI FAX [phone]
An Equal Opportunity Affirmative Action Employer

R.
Page Two
J & H Milling Co. - Shirley Farm
Facility No. 40-9
January 29, 1999
to be included in the waste utilization plan. Please refer to the attached
inspection form for further comments.
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.
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. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
cc: David Moore, Carolina Farms
Greene County SWCD Office
Greene County NCCES Office
DSWC-WaRO
C mpliance Group
vVVaRO

Facility Number 1}ate t�; lnshet'tiun
Time of Inspect ion U 24 hr. (hh:mm)
13 Registered a Certified ® Applied for Permit 13 Permitted 113 Not op—cr—at—,(77-1 Date Last Operated:
Farm Name: ,l&HalLilfinr.Co.-.Shirle)'.Farm................................. County: Greene WARO
Owner Name: Ritltaard................................. HoUoman
FacilityContact:...................................................................
Mailing Address: P._O_.Bnx..1.46........................................
Onsite Representative: Stei:e.Nnlioman.......................
Phone No: 919-.7.53-42QIl..........................................................
Title: ............................................................... Phone No:
.1.'4'.alstonbarg,NC................................................ 27.88,R..............
Integrator: Car.olima.Farms.....................................................
Certified Operator: Richard ................................. H0110maR ........................................ Operator Certification Number:223R7.............................
Location of Farm:
Latitude. © �
F- estba' Current
Swine Capacity Popiulation
-
E3 Wean to Feedei
® ee er to inis
❑ Farrow to Wean
p Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
p Boars
Longitude ©• ®° ®°
estgn urren
Poultryh, _.Capacity Populat:od` Caftl
p
Layer
❑
Non -Layer
General
1. Are there any buffers that need maintenance/improvement? E3 Yes ® No
2. Is any discharge observed from any part of the operation?
Dischar<,e originated at: ❑ Lagoon p Spray Field ❑ Other
a. If dischari,-e is observed, was the conveyance man-made?
b_ if discharge is observed. did it reach Surface Water? (if ves, 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?
❑ Yes ® No
❑ Yes ❑ No
❑ Yes p No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Dairy
p on- atry
rj
. p
Other
°'
F.
Total Design a PA 7,500
Total SSLW _m
1,012
_
,500
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
❑ Yes ONO

act ity Number: 40_9 I)xte of Inspection r �
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons,Holdina Ponds. Flush Pits. etc.)
9. is storage capacity (freeboard plus storm storage) less than adequate?
Structure 1 Structure 2 Structure 3 Structure 4
Identifier:
Freeboard (ft): I.9 ft. (23 in.) 2 ft.
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need- ma intenance/improvement?
(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?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
p Yes
® No
p Yes
® No
Structure 5 Structure 6
p Yes
® No
p Yes
Ig No
p Yes
® No
p Yes
® No
[]Yes
® No
15. Crop type.......................Wheai............. ............,.......................Oats......................... ...... oastal..Beimu,da.Grass.............Cmtxt
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ® Yes []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 Onlv
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?
a. No -vialations.or aden.cies-were .note . unng t rs visit:. as will.receive no further.er . - .
:::.. :.......
;mote the tollowtng comments trorn the inspection:
eshaped_and reseeded bare areas of lagoon #1 i_fis
..ri. ,..� .• sir.. t �4 -�a
22 ; Waste Analysis - 10/30/97; 2/11/98, 3/9/98 3/23Y98; SoiI' 'Ana}lysis--
tgatibA records (IRR-2 forms), including the acr€eage'that s be_mg trriga ed
irrigated that is not included in the plan needs t' added L1Vlr 13o110 ; woi
_ ..
iird party land agreements (Mr. Walston-1 Mr Gay) ? ;
'followiiip`site inspection will be scheduled io-reviewxhe amended WUP a�
'e are 'anv questions about this Inspection or the requirements of the Genera]
ual Office [phone], ext. 321. -
wl
p Yes ® No
p Yes ® No
13 Yes ® No
® Yes p No
p Yes ®No
® Yes ❑ No
p Yes ® No
p Yes ® No
p Yes p No
•ecte�l�IRIt=2'ecords�'� - :*:° ��--"'°r
it please.contact me at the Washjiigt7o/n,l,
i 4 1 < f-mow �y ��•� _
Reviewer/Inspector Name Daghn e B Cullom
Reviewer/Inspector Signature: ` e - t N �C �-�M Date: ~ LA " xj _ q e

'State of North Carolina
Department of Environment,RL'o
Health and Natural Resources IT _"
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N
A. Preston Howard, Jr., P.E., Director
Certified Mail
Return Receipt R uested
Attn: Steve Holloman
P.O. Box 146
Walstonburg, NC 27888
Dear Mr. Holloman:
April 16, 1996 WASHiNGTONEOFFICF
APR 2 2 1996
D. E M.
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
J & H Milling Co. Inc. -Shirley Farm
QGreene_County- J
CD 95-13
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 have not
found grounds to modify the assessment of $3,250.18.
J 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, Health, 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 How,ard,_Jr.I.
, _
cc: CDENtRegional-Office
Enforcement file

State of North Carolina
Department of Environment,
Health and Natural Resources `
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E)C I "A F
A. Preston Howard, Jr., P.E., Director C
Y' 3
IV
February 14, 1996
WASH NGTONEOFFICE t
FEB 16 1996
MMNL
Attn.: Steve Holloman'
J & H Milling Co. Inc.
P.O. Box 146
Walstonburg, NC 27888
Subject: Remission Request of
Civil Penalty Assessment
J & H Milling Co. Inc. -Shirley Farm
Ge�Coiiiit
CD 95-13
Dear Mr. Holloman:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
Robert L. Sledge, Supervisor
Compliance Group
cc: Regional:Office_w/
Enforcement/Compliance
Robert L. Sledge w/3 attachments
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

L N
PHILIP A. BACDOUR, JR.
E. B, BORDEN PARKER
JOHN C. HINE*
CHLOE J. WELLONS"
WILLIAM O. ORANOER, us
'BOARD CERTIFIED SPECIALIST
ESTATE PLANNING AND PROBATE
**BOARD CERTf FLED SPECIALIST
REAL PROPERTY LAW
RESIDENTIAL, BUSINESS.
COMMERCIAL AND INDUSTRIAL
TRANSACTIONS
BADDOUR, PARKER, HINE & WELLONS
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
208 SOUTH WILLIAM STREET
TELEPHONE
916gg
[phone]
����aa►►����]�P..yy0. /DR%%AWWER
TELEFAX
GOLOSBORU,'TVCTR7H TrARAH 27533-0916
[phone]
RECEIVED
WATER QUALITY SECTION
FR 0 ` 1996
OPERATmNs RpA fvr;�
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P. 0. Box 29535
Raleigh, NC 27626-0535
FEB
RE: Assessment of Civil Penalties for -Violation of N. C.
General Statute 143-215.1(a)(I)
Greene County
File No. CD 95-13
Request for Remission or Mitigation
Dear Mr. Tedder:
I have enclosed a waiver of my right to an administrative hearing and
stipulation of fact in the above matter. Please accept this letter as -
justification for remission or mitigation of the civil penalty assessed against
J & H Milling Company, Inc. in the above matter.
J & H Milling Company, Inc. promptly abated any continuing environmental
damage.resulting from the violation since no further spraying was done after I
learned what had taken place.
The violation was inadvertent and in no way intentional. In an earlier
letter, I incorrectly stated that the farm hand running the irrigation system was
present on the farm while the system was running. That was not correct. In
fact, the farm hand was not present, and had not set up the system to operate
properly. It was an error on the part of the farm hand and the violation would
not have occurred if the irrigation system had been operated in a proper fashion
and had been watched closely, as it should have been.
J-& H Milling Company, Inc. has not been assessed civil penalties for any
previous violations to my knowledge. It has certainly not been assessed civil
penalties since I became President after the death of my father in 1992.
Yours very truly,
J & H Milling Company, Inc.
By: .�
Steve Holloman, President

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
J & H MILLING COMPANY, INC.
FILE NO. CD 95-13
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Having been assessed civil penalties totalling $3,250.18 for violation as
set forth in the assessment document of the Director of the Division of
Environmental Management dated January 2, 1996, the undersigned, desiring to seek
remission of the civil penalties, does hereby waive the right to an
administrative nearing in the above -stated matter and does stipulate that the
facts are as alleged in the assessment document.
This the 26th day of January, 1996.
J & H MILLING COMPANY, INC.
By: I rZ4, 0— /4&OW4-0�
Steve Holloman, President
P. 0. Box 146
Walstonburg, NC 27888
Telephone: [phone]
jam\j&hmiHing waiver

ss
- State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
LT.WAAI
If
A&41* 0
C)EHNF=?L
January 3, 1996
WASH NG ON OFFICE
Mr. Steve Holloman JAN 0 8 1996
J & H Milling Company, Inc.
Shirley Farm D. E NL
P.O. Box 146 _
Waistonburg, NC 27888
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
C County
File No. CD 95-13
Dear Mr. Holloman:
This letter transmits notice of a civil penalty assessed against J & H Milling Company, Inc. in the
amount of $3,250.18 including $250.18 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 pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
t
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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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. 143B-
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
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
n
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as follows:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within jhLrty 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,
.•-
K
49,
. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: 'WasKington_Regio-al=Sage vvisor_wl_attachments
Compliance/Enforcement File w/ attachments
Deidre DeBruhl, Greene County Soil and Water Conservation District
Tom Jones, Regional Coordinator, NC DSW

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF
J & H MILLING CO., INC.
FOR A VIOLATION OF
G.S. 143-215.1(a)(1)
MAKING AN OUTLET INTO
WATERS OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CD 95-13
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., Director of the Division of Environmental Management (DEM), make the
following:
I . FINDINGS OF FACT:
A. J & H Milling Co., Inc. is a company organized and existing under the laws of the
State of North Carolina and operates the Shirley Farm swine operation located on.
NCSR 1237 in Greene County, North Carolina.
B . In a letter dated November 22, 1989, the Director, Division of Environmental
Management (DEM), notified J & H Milling Co., Inc. by certified mail that said
Shirley Farm had been designated a "Concentrated Animal Feedlot Operation"
(CAFO) in accordance with 15A NCAC 2H. 0122 and 40 CFR 122.23.
C . The Director's letter stated that as a result of the CAFO designation, all discharges of
animal waste to waters of the State must be permanently eliminated within 60 days or
an application for a National Pollutant Discharge Elimination System (NPDES) permit
must be submitted.
D. The Director's letter also stated that the CAFO designation could be contested by filing
a petition for an administrative hearing in the Office of Administrative Hearings
(OAH) within 30 days of receipt of the designation letter.
E. J & H Milling Co., Inc. neither applied for an NPDES permit nor petitioned for an
administrative hearing to contest the CAFO designation.
F. On October 25, 1995, personnel from DEM's Washington Regional Office inspected
the Shirley Farm and observed that waste from the land application system entering an
unnamed tributary and flowing to Howell swamp, a tributary of Contentnea Creek in
the Neuse River Basin.
G. The waters of Howell Swamp are classified as Class C Sw NSW waters of the State.

H. The costs to the State of the enforcement procedures in this matter totaled $25018.
Based upon the above Findings of Fact, I make the following:
Il. CONCLUSIONS OF LAW. -
A. J & H Milling Co., Inc. is a "person" within the meaning of G.S.143-215.6A and
G.S. 143-212(4).
B_ Howell Swamp constitutes waters of the State within the meaning of G.S. 143-
215.1(a)(1) and G.S. 143-212(6).
C . The Shirley Farm swine operation, a properly designated CAFO, was required to
obtain an NPDES permit prior to discharging animal wastes into waters of the State.
D. J & H Milling Co., Inc.'s Shirley Farm discharge of animal waste into waters of the
State without a permit on or about October 25, 1995 was a violation of G.S. 143-.
215.1(a)(1).
E. A civil penalty of up to $10,000.00 per day per violation may be assessed pursuant to
G.S. 143-215.6A(b).
F. The State's enforcement costs in this matter may be assessed against J & H Milling
Co., Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, J & H Milling Co., Inc. is hereby assessed a civil penalty of:
$ _,'• `f'� for making an outlet into the waters of
the State in violation of G.S. 143-215.1(a)(1).
$ TOTAL CIVIL PENALTY, which is -30
percent of the maximum penalty authorized by G.S. 143-215.6A.
$ 250.18 Enforcement costs.
$ 3:� d / Ir TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
r �
(Date) � A. Preston Howard, Jr., P.E., erector
Division of Environmental Management

Division of Environmental Management
November 22, 1995
MEMORANDUM
To: Shannon Langley
Compliance Group
From: Scott Jan
WARO
SUBJECT: Response to NOV #95-50
J & H Milling Company
Facility Number 404009
Greene County
Please find attached a response from Mr. Steve Holloman, J & H Milling Company, regarding the above
referenced NOV.
In the second paragraph Mr. Holloman indicates that the farm hand running the operation was present
during the irrigation event which resulted in the discharge. DEM staff were on site for approximately 90
minutes during the investigation and saw no one associated with the operation. An adjacent building which
houses the well pump and acts as the site office was padlocked from the exterior. The curtains along the
sides of the swine houses were up for ventilation purposes and DEM staff observed no one working in any
of the houses. DEM staff parked in full view of all buildings and blew the hom several times. DEM staff
determined that the site was vacant of any employees.
In the same paragraph, Mr. Holloman discusses the operator's failure to increase the speed of the irrigation
equipment as it crossed the grassed waterway. At the time of investigation it appeared that the self
retracting hose reel had completed its cycle and was no longer winding. However, the pump was still
running and the center pivot gun continued to apply waste. DEM staff observed runoff from an inundated
area under the spray arc draining across the field to the grassed waterway which ultimately flows to Howell
Swamp. Based on these observations, it was determined that the over application of waste to the spray
field resulted in the runoff not the speed of the equipment as it crossed the waterway (which conceivably
had an impact to the waterway as well).
Lastly, Mr. Holloman has signed a waste management plan (also attached) for the Shirley Farm operation
which certifies that `the waste will be applied on the land according to this plan at the appropriate times
and at rates that no runoff occurs." This plan has yet to be certified by a technical specialist.
Let me know if you have any further questions.

J. and H. Milling Co. Inc.
P.O. BOX 146 WAsHfNGrA oFT�ICE
Walstonburg, N. Carolina 27888 NOV 0 .8 1995
9191753.4290
Washington Regional Office
Water Quality Hegional Supervisor
vept of Environment Health and Natural Resources
Dear Mr. Thorpe,
This letter is to respond to the notice I received
from your office dated November 2, 1995 in regards to the
Shirley Fdrnl.
The Farms hand running the Irrigation System was present
on the Farm while the System was running and was watching
it closely. when the System got near the waterway area, he
did not think to apeed it up to come across it faster. It is
truely an error on his part and has been corrected by the
following measures:
A) The system speed will be increased to lower the rate
of application when in critical areas.
B) A head board will be put in the waterway and ditch
to insure that no water car) leave the farm while pumping.
C) The land area that we are useing to pump on will be
increased by an additional 45 to 50 acres to insure that
we do not have any more mistakes,
v) we have asked Eastern Agri --Systems, Inc. to come in and
make sure that all structures and the machine operation
are done properly.
we are trying real hard to do things right and ask that you
please give us another chance to prove ourselves. Thank you
for your co-operation.
Sincerely,
Steve Holloman
I
0

• State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. SIEVE HOLLOMAN
J & H MILLING COMPANY, INC
P.-O. BOX 146
WAL.STONBURG, NC 27888
�EHNF�
November 15, 1995
Subject: Notice of Violation # 95-50
Notice of Intent to Revoke Deemed Permit
J & H Milling Company, Inc.
Farm Number 40-009
Greene County
Dear Mr. Holloman:
WASH IlYG ONEOFFICE
NOV 2 t 1995
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 211.0217 Permit.
On October 25, 1995, staff from the Division of Environmental Management's Washington
Regional Office observed wastewater from the Shirley Farm discharging into an unnamed tributary
flowing to Howell Swamp. This discharge resulted from runoff from the spray irrigation system
which was operating at the time of the investigation. I .
In accordance with the requirements of NCAC 2HA213, you are hereby given notice that sixty
(60) days following your receipt of this letter, the Division of Environmental Management intends
to revoke your permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Submit an approved animal waste management plan and have the attached certification farm
completed. One copy of the plan must be sent to your local Soil and Water Conservation
District. The certification form and two (2) copies of your plan must be returned to the address
below:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation
without a permit as required by North Carolina General Statute 143-215.1.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Your approved animal waste management plan must explain how you will collect, store, treat and
land apply your animal waste in an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, you
should contact your local agricultural agencies such as the Soil and Water Conservation District,
the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension
Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water
Conservation Commission.
If we have not received the requested animal waste management plan and certification within 60
days of receipt of this letter or if there are additional discharges to the surface water a civil penalty
of up to $10,000 may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropriate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Roger
Thorpe, Water Quality Regional Supervisor for our Washington Regional Office at [phone]
or Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS l
cc: Regional Water Quality Supervisor
Diedre DeBruhl - Greene County Soil and Water Conservation District
Tom Jones - Regional Coordinator, NC DSWC
Compliance/Enforcement File

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr.,
Jonathan B. Howes,
A Preston Howard,
Governor
Secretary
Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Holloman
J & H Milling Company, Incorporated
Shirley Farm
Post Office Box 146
Walstonburg, North Carolina 27888
A W?*FA
T4
AsJ
ED F1
November 2, 1995
SUBJECT: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
J & H Milling Company, -incorporated
Shirley Farm
Facility Number 40-09
Greene County
Dear Mr. Holloman:
This letter is to notify you that the Washington Regional Office of the Division of Environmental
Management is considering sending a recommendation for enforcement action to the Director of the
Division of Environmental Management. The recommendation concerns the violation by Shirley Farm of
North Carolina General Statute 143-215.1 (a) (1) for making an outlet into waters of the State.
If you have an explanation for this violation that you wish to present, please respond in writing to me within
ten (10) days following the receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
If you have any questions concerning this matter please do not hesitate to contact either myself at (919)
946-6481, ext. 214 or Scott Jones at [phone], ext. 317.
Sincerely;
Roger Thorpe
Water Quality Regional Supervisor
Washington Regional Office
cc: Jim Mulligan, NC DEM Regional Supervisor
Dierdre DeBruhl, Greene County Soil and Water Conservation District
Tom Jones, Regional Coordinator NC DSW
Compliance/Enforcement File
WQ Central Files
WARO AFO Files
1424 Carolina Avenue, Washington, NC 27889 Telephone [phone] FAX (919) 97"716
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

W Uzo
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 2, 1995
TO: Steve Tedder, Chief
Water Quality Section II _
THROUGH: Jim Mulligan, Supervisor
I lt��ly5
Washington Regional Office
n �4
r� " THROUGH: Roger Thorpe,' Vat Quality Supervisor
Washington Regional Office
FROM: Scott Jones, Environmental Technician
Washington Regional Office
SUBJECT: Enforcement Action
J $ H Milling Company, Inc. Swine Operation
Shirley Farm
Greene County
INTRODUCTION:
J & H Milling Company, Inc.'s Shirley Farm is located on the west side of NCSR 1237 (Old Walstonburg Road)
approximately 1500 feet southwest of the North Carolina Highway 91 intersection near Walstonburg, North Carolina
in Greene County (see attached map). This operation houses approximately 5000 swine. The swine are housed
in five separate flush gutter houses which empty the wastewater into two lagoons that are connected. Spray
irrigation acreage and equipment are available at the site.
J & H Milling Company, Inc. owns two other hog farms, the Smith Farm and the Jones Fans. The Shirley Faun
and the Jones Farm were designated as Concentrated Animal Feeding Operations, on November 22, 1989 for
discharges to waters of the State. The Shirley Farm discharged wastewater through a four (4) inch PVC pipe into
an unnamed tributary that flows to Howell Swamp. The Jones farm discharged wastewater directly into Howell
Swamp from the topping floor. The Smith Farm was cited for discharging waste to waters of the State on July 18,
1995. Enforcement activity associated with this event is pending.
REPORT:
On October 24, 1995, the Washington Regional office received a complaint from an individual who referred to
himself as "Mr. Jones" indicating that wastewater from the Shirley Farm was being irrigated in such a manner that
runoff to an adjacent ditch was occurring. Based on this information staff (Scott Jones) from the Washington
Regional Office, Water Quality Section conducted an investigation at the Shirley Farm on October 25, 1995.
Irrigation equipment was in use at the site during the investigation. Runoff from the irrigation event flowed into
an adjacent grass swale which emptied into a farm drainage ditch via flexible black piping. Wastewater flowed
along the ditch and into an unnamed tributary that flows to Howell Swamp which is classified C SW NSW within
the Neuse River Basin. Pictures of the discharge are attached. No one was present at the facility during the
investigation.

Page 2
J & H Milling Company, Inc.
November 2, 1995
CONCLUSION:
J & H Milling Company Inc.'s Swine Operation, Shirley Farm located in
Greene County was observed to discharge animal waste into waters of the State via runoff from an irrigation event
on October 25, 1995. This discharge constitutes a violation of North Carolina General Statutes 143-215.1 (a) (1).
RECOMMENDATION:
It is recommended that the Shirley Farm's deemed permitted status be revoked and the appropriate enforcement
action be taken against J & H Milling Company, Inc.

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF GREENE COMMISSION
File No. CD
IN THE MATTER OF )
J & H MILLING COMPANY, INC. )
SWINE OPERATION, SHIRLEY FARM )
FINDINGS AND DECISION
FOR A VIOLATION OF } AND ASSESSMENT OF
G.S. 143-215.1 (a) (1) } CIVIL PENALTIES
MAKING AN OUTLET INTO )
WATERS OF THE STATE }
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr.,P.E., Director of
the Division of Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. J & H Milling Company, Incorporated, is a company organized and existing under the laws of the
State of North Carolina and operates the Shirley Farm swine operation located on NCSR 1237 in
Greene County, North Carolina.
B. On October 25, 1995, DEM staff observed a discharge of wastewater from an animal waste land
application system entering an unnamed tributary and flowing into Howell Swamp, a tributary of
Contentnea Creek in the Neuse River Basin.
C. In a letter dated November 22, 1989, the Director, Division of Environmental Management (DEM),
notified J & H Milling Company, Incorporated, by certified mail that said the Shirley Fans swine
operation had been designated a'Concentrated Animal Feedlot Operation" (CAFO) in accordance
with 15A NCAC 2H .012-2 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO designation, all discharges of animal waste
to waters of the State must be permanently eliminated within 60 days or an application for a
National Pollutant Discharge Elimination System (NPDES) permit must be submitted.
E. The Director's letter also stated that the CAFO designation could be contested by filing a petition
for an administrative hearing in the Office of Administrative Hearings (OAH) within 30 days of
receipt of the designation letter.
F. J & H Milling Company, Incorporated, neither applied for an NPDES permit nor petitioned for an
administrative hearing to contest the CAFO designation.
G. On October 25, 1995, personnel from DEM's Washington Regional Office inspected the Shirley
Farm swine operation and observed waste from the land application system entering an unnamed
tributary and flowing into Howell Swamp, a tributary of Contentnea Creek in the Neuse River Basin.
H. The waters of Howell Swamp are classified as Class C SW NSW waters of the State.
I. The costs to the State of the enforcement procedures in this matter totalled $250.18.

Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. J & H Milling Company, Inc. is a'person* within the meaning of G.S.143-215.6A pursuant to G.S.
143-212(4).
B. Howell Swamp constitutes waters of the State within the meaning of G.S. 143-215.1 (a)(1) pursuant
to G.S. 143-212(6).
C. The Shirley Faun swine operation, a property designated CAFO, was required to obtain an NPDES
permit prior to discharging animal wastes into waters of the State.
D. Shirley Farm's discharge of animal waste into waters of the State without a permit on or about
October 25, 1995, was a violation of G.S. 143-215.1 (a) (1).
E. A civil penalty of up to $10,000.00 per day per violation may be assessed pursuant to G.S. 143-
215.6A(b).
F. The State's enforcement costs in this matter may be assessed against J & H Milling Company,
Incorporated, pursuant to G.S. 143-215.3(a)(9) and G.S. 1438-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, J & H Milling Company, Inc. is hereby assessed a civil penalty of:
$ for making an outlet into the waters of the State in violation of G.S.
143215.1(a)(1).
$ TOTAL CIVIL PENALTY, which is percent of the maximum penalty
authorized by G.S. 143-215(e).
$ 250.18 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. 1 43B-282.1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

Wa-v--o
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 2,1995
TO: Dianne Wilbum
Facility Assessment Unit
THROUGH: Jim Mulligan, Supervisor c r /
Washington Regional Offc
rl
THROUGH: Roger Thorpe, r Quality Supervisor
Washington Regional Office
FROM: Scott Jones, Environmental Technici
Washington Regional Office
SUBJECT: Loss of Deemed Permitted Status NOV
As Per 15A NCAC 2H .0217 (a)(1)
J $ H Milling Company, Inc. Swine Operation
Shirley Farm
Greene County
INTRODUCTION:
J $ H Milling Company, Inc.'s Shirley Farm is located on the west side of NCSR 1237 (Old Walstonburg
Road) approximately 1500 feet southwest of the North Carolina Highway 91 intersection near Walstonburg,
North Carolina in Greene County (see attached map). This operation houses approximately 5000 swine.
The swine are housed in five separate flush gutter houses which empty the wastewater into two lagoons
that are connected. Spray irrigation acreage and equipment are available at the site.
J & H Milling Company, Inc. owns two other hog farms, the Smith Farm and the Jones Farm. The Shirley
Fans and the Jones Farm were designated as Concentrated Animal Feeding Operations on November 22,
1989 for discharges to waters of the State. The Shirley Farm discharged wastewater through a four (4)
inch PVC pipe into an unnamed tributary that flows to Howell Swamp. The Jones farm discharged
wastewater directly into Howell Swamp from the topping floor. The Smith Farm was cited for discharging
waste to waters of the State on July 18, 1995. Enforcement activity associated with this event is pending.
REPORT:
On October 24, 1995, the Washington Regional office received a complaint from an individual who referred
to himself as "Mr. Jones" indicating that wastewater from the Shirley Farm was being irrigated in such a
manner that runoff to an adjacent ditch was occurring. Based on this information staff (Scott Jones) from
the Washington Regional Office, Water Quality Section conducted an investigation at the Shirley Farm on
October 25, 1995. Irrigation equipment was in use at the site during the investigation. Runoff from the
irrigation event flowed into an adjacent grass swale which emptied into a farm drainage ditch via flexible
black piping. Wastewater flowed along the ditch and into an unnamed tributary that flows to Howell Swamp
which is classified C SW NSW within the Neuse River Basin. Pictures of the discharge are attached. No
one was present at the facility during the investigation.

Page 2
J & H Milling Company, Inc.
November 2, 1995
CONCLUSION:
J & H Milling Company Inc.'s Swine Operation, Shirley Farm located in Greene County was observed to
discharge animal waste into waters of the State via runoff from an irrigation event on October 25, 1995.
This discharge constitutes a violation of North Carolina General Statutes 143-215.1 (a) (1).
RECOMMENDATION:
It is recommended that the Shirley Farm's deemed permitted status be revoked and that the appropriate
enforcement action be taken against J & H Milling Company, Inc.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 2, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Holloman
J & H Milling Company, Incorporated
Shirley Farm
Post Office Box 146
Walstonburg, North Carolina 27888
r
r"***JR
SUBJECT: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
J & H Milling Company, incorporated
Shirley Farm
Facility Number 40-09
Greene County
Dear Mr. Hoiloman:
This letter is to notify you that the Washington Regional Office of the Division of Environmental
Management is considering sending a recommendation for enforcement action to the Director of the
Division of Environmental Management.. The recommendation concerns the violation by Shirley Fans of
North Carolina General Statute 143-215.1(a) (1) for making an outlet into waters of the State.
If you have an explanation for this violation that you wish to present, please respond in writing to me within
ten (10) days following the receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
If you have any questions concerning this matter please do not hesitate to contact either myself at (919)
946-6481, ext. 214 or Scott Jones at [phone], ext. 317.
Sincerely;
�
Roger Thorpe
Water Quality Regional Supervisor
Washington Regional Office
cc: -.Jim Mulligan, NC OEM Regional Supervisor
Dierdre DeBruhl, Greene County Soil and Water Conservation District
Tom Jones, Regional Coordinator NC DSW
Compliance/Enforcement File
WO Central Files
WARO AFO Files
1424 Carolina Avenue, Washington, NC 27889 Telephone [phone] FAX (919) 975,3716
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Animal Operations Inspection Form
1. Date of Inspection: October 25, 1995
2. Regional Office: Washington
3. Name of Property Owner: J & H Milling Company, Inc.
4. Name of Operator: J & H Milling Company, Inc.
S. Address: P.O. Box 146, Waltstonburg, NC 27888
6. Phone Number: [phone]
7. Description of facility location: The facility is located on the west side of NCSR 1237 (Old
Walstonburg Road) approximately 1500 feet southwest of the North Carolina Highway 91 intersection
near Waltstonburg, North Carolina in Greene County (see attached map).
a. Date the facility began operation: 790101
9. Date of East expansion: N/A
Explain: -
10. Has the facility registered with DEM? Yes
If yes, date registered? 931221
11. Does the facility have an approved animal waste management plan? No
Is one required? Yes
Date approved? NA
12. Has the facility received a CAl^O Designation? Yes
If yes, date Issued? 891122
13. Type of operation (Examples: swine, farrow to finish, topping, dairy, beef, cattle, poultry,
breeders, layers, broilers, turkey production, etc.):
This facility is a topping operation.
14. Number and type of animals: At the time of inspection, the operation housed approximately 5000
animals.
15. Length of time animals have been, are, or will be stabled or confined and fed or maintained In
any 12 month period: Swine are housed at the facility for a twelve month period.
16. Are crops, pasture, or post -harvest residues sustained in the normal growing season over any
portion of the lot or facility? The facility has 29 acres allotted for the disposal of animal waste.
Coastal bermuda grass and small grain are grown on this acreage.
17. Type of waste management (Examples: 1. type of confinement: free stall barns, sheltered or
limited shelter dirt lots, paved or dirt open tots, houses, or pasture; 2. type of waste handling:
direct spreading In solid form, slotted floor with lagoon or pit, single or multi -cell lagoon,
aerated lagoon, land application of liquid manure, spray Irrigation, stockpiling, contractor
disposal, etc.)? The swine are housed in five separate houses which dump their waste into two

lagoons. The waste is recycled through the houses for flushing purposes. Ultimate disposal occurs on
acreage adjacent to the facility.
18. Description of other animal operations In Immediate vicinity and proximity to same or other
surface waters: The Tones Farm, also owned by J $ H Milling, is located approximately 0.5 miles due
west of the Shirley Farm'on NCSR 1225. The Jones Farm is also adjacent to Howell Swamp.
19. Proximity of facility to neighboring houses, wells, etc.: No houses are in the immediate area.
20. Approximate depth of groundwater table In the area of the facility or discharge: Seasonal high
wetness condition and/or groundwater condition was estimated to vary between 12 and 48 inches over
the entire site.
21. Proximity of facility to surface waters (provide name and class of surface waters): Drainage
ditches around the facility drain into an unnamed tributary that discharges to Howell Swamp which is
classified C SW NSW within the Neuse River Basin. The rear lagoon is adjacent to Howell Swamp.
22. Animal waste discharge Including photos and witness' names, addresses, telephone numbers,
and statements of fact): Please note the attached photographs for your reference.
23. Are pollutants discharged Into the waters of the State? If so, How? (directly or by man-made
ditch, flushing system, or other similar man-made device): Runoff from spray irrigation was
observed flowing into an adjacent grass swale and traveling to a drainage ditch which emptied intm an
unnamed tributary that flows to Howell Swamp which is classified C SW NSW within the Neuse River
Basin.
24. Do or have discharges occurred In response to a storm event of less than a 25-year, 24-hour
Intensity (if yes, Include a brief listing of incidents and suspected causes): The discharge did not
occur from a 25 year 24 hour storm event. Discharge resulted in the over application of waste onto
spray irrigation acreage.
25. What Is 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? Animal waste was discharged into an unnamed
tributary that flows to Howell Swamp.. Wastewater of this nature has the potential to deplete dissolved
oxygen in the affected water body to a point'which is harmful to aquatic life. The discharge also has
the potential to damage vegetation the drainage basin. ,
26. What Is the duration and gravity of the violation? The violation was documented on October 25,
1995. The complaint which initiated the investigation indicated that a similar discharge occurred on
October 24, 1995.
27. Water Quality Assessment: (Include description of sampling, field measurements, visual
observations and slope and vegetative cover of land adjacent to water, extent of rainfall and,
other factors relative to the likelihood or frequency of discharge of animal wastes and process
wastewaters ). The effect on ground or surface water quality or quantity or on air quality.
Wastewater was observed, by DEM staff on October 25, 1995, discharging from the spray irrigation
system into an unnamed tributary which flows to Howell Swamp.
28. What Is the cost of rectifying the damage? Unknown.
29. What Is the amount of money saved by noncompliance? The cost associated with not properly
disposing of the animal wastewater.

30. Was the violation committed willfully or Intentionally? No Explain: J & H Milling Company,
Incorporated has known that it is against the law to discharge wastewater into waters of the State
based on the previous designation of this site. Runoff from a spray Irrigation system is the result of
inadequate management and supervision at a given facility.
31. What is the prior record of the violator In complying or falling to.comply with programs over
which Environmental Management Commission has regulatory authority? This violation
constitutes the fourth offense committed by J & H Milling Company, Incorporated.
32. What Is the cost to the State for the enforcement procedures?
Staff Time (WARO): $133.38
Staff Time (Central Office): $100.00
Travel: . 16.80
Total Cost of Investigation: $250.18
33. Type or general nature of business? J & H Milling Company, Incorporated, is a private business
engaged in agricultural production.
34. What Is the violator's degree of cooperation (iricluding efforts to prevent or restore) or
recalcitrance (stubbornness)? J & H Milling Company, Incorporated has been cooperative during_
the investigation.
35. Are there mitigating circumstances? No.
36. 'Assessment Factors:
a. IWC: 100%
b. Receiving Stream: Unnamed tributary to Howell Swamp.
c. Damage Y/N. If yes, Include report from WRC.
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations made to owner/operator: Recommendations were made to stop discharge and
begin applying waste in accordance with the farm's waste utilization plan.
39. Recommendations for further DEM action (Re -inspect, NOV, Enforcement Action, Designate,
etc.): The Washington Regional Office recommends that J & H Milling Company, Incorporated,
Shirley Farm swine operation receive a NOV as a result of said discharge. This NOV will include a
deadline by which the operation will obtain and begin operating in accordance with a certified waste
management plan. Also, this office recommends taking appropriate enforcement action against J & H
Milling Company, Incorporated as a result of the discharge from a previously designated site. Follow-up
inspections will occur as needed.
40. Other Comments: None

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan S. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Holloman
J & H Milling Company, Incorporated
Shirley Farm
Post Office Box 146
Walstonburg, North Carolina 27888
& LT.
14
"F1
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
J & H Milling Company, Incorporated - Shirley Farm
Facility Number 40-09
Greene County
Dear Mr. Holloman:
You are hereby notified that the Shirley Farm, which has been deemed permitted to have a
nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been
found to be in violation of its 2H .0217 Permit.
On October 25, 1995, staff from the Division of Environmental Management - Washington Regional
Office observed wastewater from the Shirley Farm discharging to an unnamed tributary flowing to
Howell Swamp. This discharge resulted from runoff from the spray irrigation system which was
operating at the time of the investigation.
Within 60 days from your receipt of this letter, the Division of Environmental Management intends to
revoke the Shirley Farm's permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Send in an approved animal waste management plan and have the attached
certfcation form completed. This form and a copy of your plan must be returned to the
address below and to your local Soil and Water District: .
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Failure to comply with the above conditions will cause the existing animal waste management system
serving your animal operation to be considered in operation without a permit as required by North
Carolina General Statute 143-215.1.
1424 Carolina Avenue, Washington, NC 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% postcansumer paper

The facility may be deemed to have a permit following revocation if the former permiitee makes such a
request in writing and the previously- stated conditions are met to the full satisfaction of the Director.
Your approved animal waste management plan must explain how you will collect, store, treat and land
apply your animal waste to the land in an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, you should
contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA
Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a
technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation
Commission.
If we have not received the requested animal waste management plan and certification within 60 days
of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to
$10,000 may be assessed and you must apply for an individual non discharge permit from the Division.
Please find attached a permit application which must be completed and returned if you wish to apply for
an individual non discharge permit. This permit, if issued, will contain monitoring and reporting
requirements determined to be necessary by the Division. This letter does not prevent the Division of
Environmental Management from taking enforcement actions for this violation or any past or future
violations.
if you have any questions concerning this matter please do not hesitate to contact either Mr. Roger
Thorpe, Water Quality Regional Supervisor for our Washington Regional Office at [phone], ext.
214 or Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
Attachments
cc: Mr. Jim Mulligan, NC DEM Regional Supervisor
Ms. Dierdre DeBruhl, Greene County Soil and Water Conservation District
Mr. Tom Jones, Regional Coordinator, NC DSWC
Compliance/Enforcement File
WaRO File

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J & H Milling Company, Incorporated
Shirley Farm
Greene County
October 25, 1995
Scott Jones
The Shirley Farm owned by J & H Milling Company
Incorporated. View of primary lagoon and swinf
houses. Heavy solids observed in this lagoor
(approximately two feet of available freeboard).
J & H Milling Company, Incorporated
Shirley Farm
Greene County
October 25, 1995
Scott Jones
2. Irrigation pump located at the secondary lagoon
(available freeboard at time of inspection was
-approximately three feet).
J & H Milling Company, Incorporated
Shirley Farm
Greene County
October 25, 1995
Scott Jones
3. Spray irrigation equipment and coastal bermudafields
located in front of the farm. System was running
during the inspection. Waste was sheet flowing
across field to a grass swale.

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RECEIVED
WASHINGTON OFFICE
{� ru 0 3 19n
Division of Environmental Management
October 27, 1989 A('
MEMORANDUM Nov
TO: R. Paul Wilms������'S
FROM: Steve Tedder-----�'
SUBJECT: Recommendation for Designation of Concentrated
Animal Feeding Operation
J & H Milling Co•., Inc.
Greene County
-Attached please find documentation supporting the Washington
Regional Office recommendation concerning the subject facility.
The Water Quality Section concurs with the Washington Regional
Office recommendation to designate J & H Milling Co., Inc. as a
Concentrated Animal Feeding Operation.
/tia
Attachment
cc: Ted Cashion
i"C�� ;�•f i� + �_
NC; V 15 1989
i

CERTIFIED MAIL
RETURN RECEIPT REQUESTED, .....an4ft%&�W«
• ,R
- WASHINCEOTONEIVED OFFICE
State of North Carolina - ........
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor DIVISION OF ENVIRONMENTAL MANAGEMENT R. Paul 1Mlms
IMlltarn W. Cobey, Jr., Secretary �Director
1ove^.�s 22, 1989
Mr. R. S. Holloman
J & H Milling Co. Inc.
P.O. Box 146
Walstonburg, N.C.
Subject: Designation
Concentrated Animal Feeding Operation
Greene County
Dear Mr. Holloman:
This letter is to notify you that the Jones and Shirely
swine operations owned and operated by J & H Milling Co.
are hereby designated as concentrated animal feeding
operations in accordance with Title 15, North Carolina
Administrative Code 2H .0123, and adopted Federal
Regulations 40 CFR 122.23. The designation of your swine
facility was based on an inspection conducted on October
5, 1989, by members of the staff of the Washington
Regional Office. This inspection showed that you had
established a concentrated animal feeding operation
requiring such designation based on the following facts:
1. The facilities discharge wastewater into Howell
Swamp which is classified as Class C swp NSW.
Howell Swamp is located in the Neuse River basin.
2. The Shirely operation is designed to maintain
approximately 7500 Topping Hogs and the Jones
facility houses approximately 1250 Topping Hogs.
3. The discharges are a result of the Wastewater
overflowing the Shirely lagoon via a 4 inch over
flow pipe and direct discharges from the Jones
operation into Howell Swamp.
P_ National Pollutant Discharge Elimination Syste_,� (NPDES)
Permit is required for discharges of waste to the surface
Polludon Pmw_ndon Pays
P.O. Box 276E7. Raleigh. Nord1 Carolina 27611-7687 7cephcne 919-733-7015
An Equal Opporruniry Affirmative Acton Employer

waters of the State. However, if you can permanently
eliminate the discharge by implementing changes within
sixty (60) days of your receipt of this notice, including,
but not limited to, modifications to lagoons and the
implementation of a final waste disposal plan, a permit
application will not be required. If compliance has been
achieved, you must notify us in writing within sixty (60)
days describing, in detail, the changes or modifications
you made.
if the discharge of waste to the surface waters of the
State is not permanently eliminated within sixty (60) days
of receipt of this notice, an NPDES permit application
must be submitted within that time.
Permit applications should be submitted,' in duplicate, to
the Director, Division of Environmental Management, F.O.
Box 27687, Raleigh, NC 27611. Assistance, if desired, can
be obtained by contacting Mr. Roger Thorpe, Water Quality
Supervisor, PO Box 1507, Washington N.C. 27889, phone
number 919/946-6481. The applications should be
accompanied by construction plans for the non -discharging
animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated
Animal Feeding Operations, 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit application
- short Form B.
If you need advice or technical assistance with regard to
managing animal waste, you should contact your county
extension chairman or North Carolina State University's
Department of Biological and Agricultural Engineering at
(919)- 737-2675.
If you wish to contest this Designation, you must request
an administrative hearing within thirty (30) days of your
receipt of this Notice. This request must be in the form
of a written petition, conforming to Chapter 150E of the
North Carolina General Statutes, and filed with the Office
of Administrative Hearings, Post Office Drawer 11666,
Raleigh, North Carolina 27604. A copy of the Petition
should be filed with this office.
If you do not request an administrative hearing, this
Designation will become final in thirty (30)._days.

A copy of this letter is being sent to Ms. Patricia S.
Gabril, District Conservationist, for information and to
aid them in providing cooperative assistance. Should you
have any questions regarding this matter, please do not
hesitate to contact us.
-Sincere'iy,
R. 'Paul Wilms
Enclosures
cc: Mr. Roger Thorpe
Ms. Patricia S. Gabriel
Water Quality, Central Files

MEMORANDUM
TO:
THROUGH:
THROUGH:
From:
SUBJECT:
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 15, 1989
Steve Tedder
Water Quality Section -Chief _
Jim Mulligan, Regional Supervisor
Washington Regional office '
,r
Roger K. Thorpe Water Supervisor
Washington Regional Office
Dick Denton, Environmental Tech. j)'[,4
Water Quality Section, WARO
Concentrated Animal Feeding Operation
J & H Milling Co, Inc.
Greene County
INTRODUCTION:
The purpose of this memo is to request that the J & H
Milling Co. Inc, swine facilities be designated as a
Concentrated Animal Feeding Operations. A summary of the
investigation conducted on October 5, 1989 by Dick Denton,
DEM, is enclosed as follows:
Date of the inspection:
October 5, 1989
NAME OF THE PROPERTY OWNER:
J & H Milling Co., Inc.
Mr. R.S. Holloman, Registered Agent
Name of operator:
Mr. R. S. Holloman, Registered Agent
Mr. Steve Holleman, General Manager

Address:
P. 0. Box 146
Walstonburg,.N.C.
Phone Number:
919-753-4290
Description of Facility Location:
Facility :E1-'Shirely Farm - is located approximately 500
yards South of the intersection of Sr 1237 & Hwy 91 in
Greene County.
Facility e2 - Jones Farm - is located at the intersection
of Sr1225 and the Howell Swamp bridge.
Type of operation (Examples: farrow to finish, topping,
dairy, swine, cattle, chickens -layers or broilers, turkey
production, ets.):
Facility nl & r2 are both swine facilities.
Number and type of animals units:
Facility S1 - is designed to house approximately 7500
Topping hogs.
Facility :=2 - is designed to house approximately 1250
topping hogs.
Length of Time Animals Have been, Are, or Will Be Stabled,
or Confined and Fed or Maintained'in Any 12 Month Period:
The animals are housed greater than 9 months during
any 12 month period.
Are Crops, Vegetation Forage Growth, or Post -Harvest
Residues Sustained in the Normal Growing Season Over Any
Portion of the Lot or Facility?
No crops are grown on any portion of the lot or the animal
facility.
Description of other Animal Operations in Immediate
Vicinity or Proximity to Same or other Surface Waters:
Facility„ =1 - a broiler operation was observed within one
mile from the swine facility.
Facility =2 - a broiler operation was observed within 500
yards from the swine facility.

• Proximity of Facility to Neighboring Houses, Wells, etc.:
The nearest home is approximately 500 yards from each
facility.
Approximate Depth of Groundwater Table in the Area of the
Facility or Discharge:
The seasonal high water table appeared to be approximately
5 feet at facility nl and approximately 2-4 feet at
facility #2.
Proximity of Facility to Surface Waters (provide name and
class of surface waters):
Facility ;E1 - Shirely Farm - is located immediately
adjacent to an unnamed tributary to Howell Swamp,
classified Class C Swp NSW and is located in the Neuse
River Basin. 3
Facility Y2 - Jones Farm - is located immediately adjacent
to Howell Swamp.
Are Pollutants Discharged into the Waters of the State?
If so, How? (directly or by man-made ditch, flushing
system, or other similar man-made device):
Facility 41 - wastewater is discharge through a 4 inch PVC
pipe installed as an over flow pipe to the unnamed
tributary to Howell Swamp.
Facil tv B2 - wastewater flows directly into Howell Swamp
from the topping floor.
Do or Have Discharges Occurred in Response to a Storm
Event of Less Than a 25-year, 24-hour Intensity? (if yes,
include a brief listings of incidents and suspected
causes.):
Discharges occur from each facility regardless of rainfall
events.
Type of Waste Management (Examples: type of confinement,
free stall barns, sheltered or limited shelter dirt lots,
paved or dirt open lots, swine houses, pasture: type of
waste handling -direct spreading in solid form, slotted
floors with lagoon or pit, single or multi -cell lagoon,
aerated lagoon, land application of liquid manure, spray
irrigation, contractor disposal, etc.)
Facility u - The animals are housed on concrete slatted
floors over pits. The facility utilizes recycled
water to flush the pits to the lagoon.
Facility -2 - The animals are housed on sloped concrete
floors. The floors are washed clean once every

two days. The wastewater flows directly into
Howell Swamp.
Condition.of Waste Management Facility (rate as
poor -good, no discharge, sufficient freeboard in lagoon,
etc. Include weather conditions during inspection.)
The condition of waste management at both facilities is
rated as poor. The operator does not have a
comprehensive waste management program. A discharge
of animal wastewater to surface waters of the State
exists at both -facilities.
Animal Waste Discharge (including photos and witness'
names, addressed, telephone numbers and statements of
fact) .
Please note the photographs attached for your reference.
Water Quality Assessment: (Include description of
sampling, field measurements, visual observations and
slope and vegetative cover of land adjacent to water,
extent of rainfall and other factor relative to the
likelihood or frequency of discharge of animal wastes and
process wastewaters).
No Field measurements were taken.
Recommendations Made to Owner/operator:
Mr. Steve Holloman was advised that both facilities would
be designated as concentrated_ animal feeding operations;
that the discharge of animal wastewater had to be
eliminated. Mr.rHolloman was also advised to contact the
local 5CS representative.
Recommendations for Further'DEM Actions: (Re -inspect,
designate)
The Regional office recommends
facilities be designated as a
Feeding Operation.
Other Comments:
NONE
that the 3 & H Mills swine
Concentrated Animal

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