520084_ENFORCEMENT_20171231

April 11, 2011
David May
Aquifer Protection Supervisor
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Mr. May:
We received a Notice of Violation regarding a poultry litter complaint on our farm, parcel #
541826217500 in Jones County. (NOV-2011-DV-d076)
The litter placed on our farm has been completely spread on our farm by the farmer who is tending
our cropland for the 2011 crop year. This matter has been taken care of and a picture of where the
litter was temporarily stacked is enclosed.
Sincerely,
Sylvanus D. Mallard
Land Owner
1857 Ten Mile Fork Rd
Trenton, NC 28585
252-448-9371
APR 1 3 2011

Dillon, Bea
From:
May, David
Sent:
Tuesday, April 05, 2011 10:16 AM
To:
Stilley, Megan
Cc:
Dillon, Bea
Subject:
RE: Poultry Question
Megan,
Can you set a file up for the incident if there's not one and leave with Bea for tomorrow.
Thanks
David
From: May, David
Sent: Tuesday, April 05, 2011 10.10 AM
To: 'Larry Baldwin'
Cc: Dillon, Bea; 'R Dove'
Subject: RE: Poultry Question
La rry,
The NOV was issued to the property owners (Sylvanus and Edna Mallard, 1857 Ten Mile Fork Rd, Trenton, NC 28585).
The tenant (Herbert Sanderson, Jr.- renter of land) was considered the source of the litter.
I'll be out of the office tomorrow. Bea Dillon should be available to assist with any files you are interested in looking at,
including the one for the 10 Mile Fork Road incident.
David
From: Larry Baldwin[mailto:[e-mail]]
Sent: Tuesday, April 05, 2011 10:00 AM
To: May, David
Cc: 'Rick Dove'; 'Joanne Somerday '; 'John Klecker '; Stilley, Megan; Larick, Keith
Subject: RE: Poultry Question
Thanks for the update, David. Can you provide the specific information as to the individual to whom the NOV was
issued? What are the next steps?
I am planning to come to the DWQ office tomorrow to look at some CAFO files. Is it possible to get a copy of the NOV?
Thanks.
Larry Baldwin
Lower Neuse RIVERKEEPER9
Neuse RIVERKEEPER(�) Foundation
1307 Country Club Road
New Bern, NC 28562
[phone] - office
[phone] - cell
[phone] - fax
wrww.neu5eriver.o-a

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WDENR
North CE rdina Department of Environment and Natural Resources
Division of Water 4aafi y
Beverty Eaves Perdue woieen H. Sullins 'Dee Freeman
Govemar Director Secretary
AQUIFER PROTECTION SECTION
March 30, 2011
CERTIFIED M UL
RETURN RECI{APT RECOUESTED
CM# 7005 1300 0001 a434 3299
Sylvanus & Edna. Mallard
i957 Ten Mile Fork R:)a�t
Trenton, NC 285:35
Re- NOTICE OF `n4)LA.TION
Poultry Latter Complaint
Parcel #541826217500
Jones County
NOV-2011-D%r_o J76
Dear Mr. & Mrs. Mall-ud:
On March 29, 2011 the Division of Water Quality (DWQ) received a complaint
concerning the stockpiling of poultry litter at 1857 Ten Mile Fork Road in Jones County.
DWQ responded by conducting a site visit and found several piles of uncovered stockpiled
poultry litter.
As a result of this incident, you are hereby notified that, you have been found to be in �fiolation
with 15A NCAC 2T S-ctLon .1403 Permitting by Regulation. The violation is as follows:
Violation 1:
In accordance with 154 NCAC 2T Section .1403 Permitting by Regulation, animal waste is
not stockpiled un.coveird for greater than 15 days -
On March 30, 2011, E W � responded to a litter complaint off Ten Mile Fork Road in Trenton,
NC_ DWQ conducted an inspection and found uncovered stockpiled litter. Based on available
information, the litter aw been uncovered for a period greater than 15 days_ APR - } 2011
Required Corrective Action for Violation 1:
Please note that uncoyen d stockpiled litter must be covered within 15 days in cash where
application everns are prolonged. Additionally, stockpiled litter shall not be located closer than
North C2n)lina Division of Wager Quality Internet wwvr.n0w21en2UalrtV-arq
943 Washington Square Mall Phone: [phone]
Washington, NC 27881) FAX [phone]
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Apr 04 11 08:00p
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100 feet from a peremiia stream or perennial waterbody. Also, any discharge of wastewater
(leachate) to surlacc viators or wetlands is prohibited. Take all necessary steps to address the
existing stockpile and ensure this does not happen in the future. Enclosed please find an
application to register as a manure hauler. You are required to register if you Iand apply more
than 100 tons of poultry !fitter in a calendar year. Also, please provide the Division with copies
of your current waste uti .ization plan and waste analysis reports.
You are required to tal•.e any necessary action to correct the above violations and to
provide a written response to this Notice within 30 days of receipt of this letter. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions nct addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcernent
action, to the Director of the Division of Rater Quality who may issue a civil penalty
assessment of not mole than twenty-five thousand (S25,000) dollars against any "person" who
violates or fails to act in accordance with terms, conditions, or requirements of a permit under
authority of G.S. 143-21.5.6A
If you have any quesdons concerning this Notice, please contact me at [phone].
/l✓ &Sfoawse. -eAe 4 60 v& l e-04 ►
Atrlrt A JS @ L%4 ;� ih1. W* dSincerely,
04 4p ll . ,
Ae r-rwa a
6' r.2 j�o r .6 ra4uV eJ ' David May
Aquifer Protection Supervisor
4PVGw"`�� `ram 'f "'rG- Washington Regional Office
cc: Keith Larick CAF0 Unit
Jones County ;oil and Water Conservavor,. District
NCDSWC-W�RO
WaRO Compl an-:e Animal Files
M14S Fili.s
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Apr 0411 08:00p
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Registration Form for Manure Hauler Operations
The Division of Water Quadt) (Division) amended its rules for "Waste Not Discharged to Surface Waters" on
September 1, 2006. Among tt e changes was the addition of registration and reporting requirements for manure
hauler operations. A manure nailer is defined as any person who accepts or purchases animal waste and land
applies the animal waste on Iaid not covered by the generator's permit. In accordance with 15A NCAC 02T
.1403(a)(2), any manure ha filer that land -applies a total of more than one hundred (100) tons of animal waste
per calendar year must regi ;ter with the Division by September I.2007. Any new manure hauler operation that
will exceed the l 00-ton thn shald must register Arith the Division prior to accepting or purchasing manure_
F: ease provide all of the following information in clear print:
I . Name of manure hailer:
2. Manure hauler comparyiorganization (if applicable): o�] �.T-��rr•-:
3. Mailing Address:
City, State: r%hs7 hi ,- /ti. AT -e, Zip: ���0/
Telephone: (Qt' a ) �, %' �f ty/s E-Mail:
4. amount of animal waste land -applied: ❑ 100 750 tons/year V> 750 tonslyear
5. Counties/Slates frora which manure is received: ^�pr1s,5 dof - I low 4I 60111VA
6. Counties/States whcT. e manure is land -applied: :Tories
I hereby certify that the abcve information is correct and that I have read and understand the requirements for
manure haulers contained i:i 1'''CAC 02T .I400. l understand that there are significant penalties for submitting
false information; including ff e possibility of fines.
Signature: y���✓' Date: 5�%�
,04
Please send this completed form to the following address:
North Carolina Division of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, -North Carolina 27699-1636
FORM: REG-1v1H0 12/06

ti
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
AQUIFER PROTECTION SECTION
March 30, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0434 3299
Sylvanus & Edna Mallard
1857 Ten Mile Fork Road
Trenton, NC 28585
Re: NOTICE OF VIOLATION
Poultry Litter Complaint
Parcel #541826217500
Jones County
NOV-2011-DV-0076
Dear Mr. & Mrs. Mallard:
Dee Freeman
Secretary
On March 29, 2011 the Division of Water Quality (DWQ) received a complaint
concerning the stockpiling of poultry litter at 1857 Ten Mile Fork Road in Jones County.
DWQ responded by conducting a site visit and found several piles of uncovered stockpiled
poultry litter.
As a result of this incident, you are hereby notified that, you have been found to be in violation
with 15A NCAC 2T Section .1403 Permitting by Regulation. The violation is as follows:
Violation 1:
In accordance with 15A NCAC 2T Section. 1403 Permitting by Regulation. animal waste is
not stockpiled uncovered for greater than 15 days.
On March 30, 2011, DWQ responded to a litter complaint off Ten Mile Fork Road in Trenton,
NC. DWQ conducted an inspection and found uncovered stockpiled litter. Based on available
information, the litter has been uncovered for a period greater than 15 days.
Required Corrective Action for Violation l:
Please note that uncovered stockpiled litter must be covered within 15 days in cases where
application events are prolonged. Additionally, stockpiled litter shall not be located closer than
North Carolina Division of Water Quality Internet: www_ncwaterQualityorg
943 Washington Square Matt Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% RecycleWiQ% Post Consumer Paper
NorthCarohna
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100 feet from a perennial stream or perennial waterbody. Also, any discharge of wastewater
(leachate) to surface waters or wetlands is prohibited. Take all necessary steps to address the
existing stockpile and ensure this does not happen in the future. Enclosed please find an
application to register as a manure hauler. You are required to register if you land apply more
than 100 tons of poultry litter in a calendar year. Also, please provide the Division with copies
of your current waste utilization plan and waste analysis reports.
You are required to take any necessary action to correct the above violations and to
provide a written response to this Notice within 30 days of receipt of this letter. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty
assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
David May
Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Jones County Soil and Water Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Files J
MHS Files

' State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Registration Form for Manure Hauler Operations
The Division of Water Quality (Division) amended its rules for "Waste Not Discharged to Surface Waters" on
September 1, 2006. Among the changes was the addition of registration and reporting requirements for manure
hauler operations. A manure hauler is defined as any person who accepts or purchases animal waste and land
applies the animal waste on land not covered by the generator's permit. In accordance with 15A NCAC 02T
.1403(a)(2), any manure hauler that land -applies a total of more than one hundred (100) tons of animal waste
per calendar year must register with the Division by September 1, 2007. Any new manure hauler operation that
will exceed the 100-ton threshold must register with the Division prior to accepting or purchasing manure.
Please provide all of the following information in clear print:
1. Name of manure hauler:
2. Manure hauler company/organization (if applicable):
3. Mailing Address:
City, State:
Telephone: (
E-Mail:
Zip:
4. Amount of animal waste land -applied: ❑ 100 -- 750 tons/year ❑ > 750 tons/year
5. Counties/States from which manure is received:
6. Counties/States where manure is land -applied:
I hereby certify that the above information is correct and that I have read and understand the requirements for
manure haulers contained in NCAC 02T .1400. 1 understand that there are significant penalties for submitting
false information, including the possibility of fines.
Signature:
Date:
Please send this completed form to the following address:
North Carolina Division of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
FORM: REG-MHO 12/06

Manure Hauler Name:
Mailing Address:
Date(s) Manure Received
Farm Name
Manure Hauler Operation Annual Reporting Form
Record of Manure Received
Company Name-
Phone Number.
Registration No.:
Location Where Manure Was Generated
Farm AddresslLocatlon
Submit completed form(s) for manure received during each calender year to the
following address by March I of the foltowing year:
NC DENR DWQ - Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
CountylState
Total
Amount (tons)
I certify under penally of law that this document and ail attachments were prepared under my direction or supervision In accordance with a syslem designed to assure
that qualified personnel properly gather and evaluate the information submitled Based on my inquiry of the person or persons wfio manage Me system, or those
persons drrecby responsible for gathering the mformalron, tare information sUtmdled is, to the best of my knowledge and belief, true, accurate, and complete. lam
aware that there are significant penalties for subtitling false Information, Including the possibility of fines and imprrsunment for knowing violations

• ��F wAr�,� Incident Report
_o
}1 �
(� Y
Report Number: 201100701
Incident Type: Complaint
On -Site Contact:
Category: APS - Animal
First/Mid/Last Name:
Incident Started: 0312912011
Company Name:
County: Jones
Phone:
City: Trenton
Pager/Mobile Phone: 1
Farm #: 52-84
Responsible Parry:
Reported By:
Owner:
FirstlMid/Last Name: Larry Baldwin
Permit:
Company Name:
Facility: Sylvanus & Edna Mallard
Address:
First Name: Sylvanus
Middle Name:
City/State/Zip.
Last Name: Mallard
Phone:
Address 1857 Ten Mile Fork Rd
Pager/Mobile Phone: 1
City/State/Zip: Trenton NC 28585
Phone:
Material Category: Estimated ©ty: UOM
Chemical Name Reportable City. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: 1857 Ten Mile Fork Road - Stockpiled poultry litter
Address:
CitylStatelZip
Report Created 03/30/11 01:53 PM
Page I

Cause/Observation:
Several uncovered piles of poultry litter. Piles have been
stockpiled more than 15 days. No leachate observed at time of
inspection.
Action Taken:
DWQ responded by conducting site visit. Notice sent to land
owner.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Incident closed
Requested Additional Information
Report Entered
Incident Start
Event Date
Directions:
Comments:
No leachate, but appeared litter was stockpiled uncovered for more than
15 days.
2011-03-30 02:51:50
2011-03-29 09:00:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Reporl Created 03/30/11 01:53 PM Page 2

FWs.rt Received
Referred to Regional Office - Primary Contact
Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
Report Taken By:
Megan H Stilley
2011-03-29 09:00:00
2011-03-29 09:00:00
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Entered By: Regional Contact:
Megan H Stilley Megan H Stilley
Phone:
DatelTime: 2011-03-29 09:00:00 AM 2011-03-30 02 51:50 PM 2011-03-29 09:00:00 AM
Referred Via: email email
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 03/30/11 01 53 PM Page 3

ka'y, ]avid
Prom: Larry Baldwin [[e-mail]]
Sent: Tuesday, March 29, 2011 1:34 PM
To: Hodge, Al; May, David
Cc: Rick Dove; Joanne Somerday ; John Klecker
Subject: Poultry Question
Al and David,
In reference to poultry application, it is my understanding that poultry waste (in this case specifically chicken waste) can
be placed onto a agricultural field in piles in preparation to be spread onto the field. It is also my understanding that the
waste can be piled in this manner for no longer than fourteen (14) days.
I have a situation along 10 Mile Fork Road in Jones County where two (2) large piles have been on site since at least
March 2, 2011. That was the first day that I noticed them being on the field.
As of today, the piles are still there, even though the surrounding field has been plowed.
The GPS location for the specific site is N 350 04' 20.85% W 770 17' 15.94".
1 have attached a photo that was taken on March 3, 2011.
Please advise as to the next steps to be taken in this situation.
Thanks for your help.
Larry Baldwin
Lower Neuse RIVERKEEPER®
Neuse RIVERKEEPER® Foundation
1307 Country Club Road
New Bern, NC 28562
[phone] - office
[phone] - cell
[phone] - fax
www.neuseriver.org
"A river is powerful because many drops of water have learned the secret of
cooperation."
I

I

A
., �P�r.
at,

May, David
From:
Sent:
To:
Cc:
Subject:
Attachments
Pic from 3/17/2011
R Dove [[e-mail]]
Tuesday, March 29, 2011 5:52 PM
May, David, 'Larry Baldwin'
'Somerday Joanne'
RE: Poultry Question
a s WL009853.jPg
From: May, David fmailto:[e-mail]]
Sent: Tuesday, March 29, 2011 2:05 PM
To: Larry Baldwin
Cc: Rick Dove
Subject: RE: Poultry Question
Larry,
Sorry about asking for the photo date. I see where you mentioned it was taken on the 3"'.
David
From: May, David
Sent: Tuesday, March 29, 2011 1
To: 'Larry Baldwin'
Cc: Rick Dove ; Joanne Somerday
Subject: RE: Poultry Question
Larry,
52 PM
John Klecker ; Hodge, A]
Litter can be stockpiled for greater than 15 days, but after 15 days it must be covered.
Can you confirm when the provided picture (in separate e-mail) was taken (today perhaps?) and that the location as
identified in the attached map is correct (as taken from provided ]at long).
Our office will follow-up with a site inspection and go from there. We'll keep you posted.
Thanks
David May
From: Larry Baldwin Fmai Ito: rive rkee er neuseriver.or
Sent: Tuesday, March 29, 2011 1:34 PM
To: Hodge, Al; May, David
Cc: Rick Dove ; Joanne Somerday ; John Klecker
Subject: Poultry Question
Al and David,
In reference to poultry application, it is my understanding that poultry waste (in this case specifically chicken waste) can
be placed onto a agricultural field in piles in preparation to be spread onto the field. It is also my understanding that the
waste can be piled in this manner for no longer than fourteen (14) days.

I have a situation along 10 Mile Fork Road in Jones County where two (2) large piles have been on site since at least
March 2, 2011. That was the first day that l noticed them being on the field.
As of today, the piles are still there, even though the surrounding field has been plowed.
The GPS location for the specific site is N 350 04' 20.85"; W 770 17' 15.94".
1 have attached a photo that was taken on March 3, 2011.
Please advise as to the next steps to be taken in this situation.
Thanks for your help.
Larry Baldwin
Lower Neuse RIVERKEEPER®
Neuse RIVERKEEPERO Foundation
1307 Country Club Road
New Bern, NC 28562
[phone] - office
[phone] - cell
[phone] - fax
www.neuseriver.org
"A river is powerful because many drops of water have learned the secret of
cooperation."

May, David
From: R Dove [[e-mail]]
Sent: Tuesday, March 29, 2011 5:47 PM
To: May, David; 'Larry Baldwin'
Cc: 'Somerday Joanne'
Subject: RE: Poultry Question
Attachments: a s WLOQ1841.jpg
Picture of poultry manure piles at silo taken today ay around 10:50 qm
Rick
From: May, David [mallto:david.may@ncde_nr.cLovl
Sent: Tuesday, March 29, 2011 2:05 PM
To: Larry Baldwin
Cc: Rick Dove
Subject: RE: Poultry Question
La rry,
Sorry about asking for the photo date. I see where you mentioned it was taken on the 3"'.
David
From: May, David
Sent: Tuesday, March 29, 2011 1
To: 'Larry Baldwin'
Cc: Rick Dove ; Joanne Somerday
Subject: RE: Poultry Question
Larry,
52 PM
; John Klecker ; Hodge, AI
Litter can be stockpiled for greater than 15 days, but after 15 days it must be covered.
Can you confirm when the provided picture (in separate e-mail) was taken (today perhaps?) and that the location as
identified in the attached map is correct (as taken from provided lat long).
Our office will follow-up with a site inspection and go from there. We'll keep you posted.
Thanks
David May
From: Larry Baldwin fmaiIto: river keeperCaneuseriyer.org]
Sent: Tuesday, March 29, 2011 1:34 PM
To: Hodge, Al; May, David
Cc: Rick Dove ; Joanne Somerday ; John Klecker
Subject: Poultry Question
Al and David,

In reference to poultry application, it is my understanding that poultry waste (in this case specifically chicken waste) can
be placed onto a agricultural field in piles in preparation to be spread onto the field. It is also my understanding that the
waste can be piled in this manner for no longer than fourteen (14) days.
I have a situation along 10 Mile Fork Road in Jones County where two (2) large piles have been on site since at least
March 2, 2011. That was the first day that I noticed them being on the field.
As of today, the piles are still there, even though the surrounding field has been plowed.
The GPS location for the specific site is N 350 04' 20.85"; W 770 17' 15.94".
1 have attached a photo that was taken on March 3, 2011.
Please advise as to the next steps to be taken in this situation.
Thanks for your help.
Larry Baldwin
Lower Neuse RIVERKEBPERV
Neuse RIVERKEEPERO Foundation
1307 Country Club Road
New Bern, NC 28562
[phone] - office
[phone] - cell
[phone] - fax
www.neuseriver.org
"A river is powerful because many drops of water have learned the secret of
cooperation."
0