350010_PERMIT FILE_20171231

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Albert Jackie Ellis
Bonnie's Birds
1067 Weldon Rd
Henderson NC 27536
Farm Number: 35 - 10
Dear Albert Jackie Ellis:
ffl��'A
IT
i 0IV
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL'RESOURCES
October 23, 2000
i3 �
1' YL,2
You are hereby notified that Bonnie's Birds, in accordance with G.S. 143-215.10C, must apply for coverage under an
Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty 64 day s to submit the attached
application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session
1996), Section 19(c)(2),'any owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to gubmit the application as required may also subject your
facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the
application.
The attached application has been partially completed using information listed in your Animal Waste Management
Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on
the application before returning the application package. The signed original application, one copy of the signed application,
two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to
complete the application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
1617Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call Theresa Nartea at [phone] extension 375 or John
Hunt with the Raleigh Regional Office at [phone].
cerely,
for Kerr T. Stevens
cc: Permit File (w/o ench)
Raleigh Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

U DRAFT
SAP 18 2�
PLAN OF ACTION
HIG LAGOON LEVELS AT ANIMAL FACILITIES
FHNR RALEIGH REGIONAL OFFICY
Faciltity Number: - /Q County:
Facility Name:.Z,S_—
Certified Operator:
I . Current Freeboard Level(s):
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Freeboard (inches):
2. Plant Available Nitrogen (PAN) calculated to be contained in the waste that must be removed from each lagoon
in order to reach the freeboard level needed for both structural stability and the 25 year, 24 hour storm event:
S cture 1 Structure 2
Pounds of PAN:
Structure 3 Structure 4 Structure 5
3. PAN calculated to be contained in the waste generated daily by the animals that are proposed to be at the
facility: A(,//yj��s _ Pounds PAN per day.
4. Total Pan that can be added to the fields and crops identified in e f c'lit'es CAAM, (Please attach a listing of
the fields and the PAN that can still be applied to each field): S Total Pounds of
PAN �eZF/'6 ,f� ��/ &-RAGS —
og4emu4514--9/;.07
5. If waste is to be pump and hauled to another location(s), please attach a list of the proposed sites, a summary of
the gallons proposed to be removed to each site, and the total PAN contained'in the waste proposed to be taken
to each site. Please contact and receive approval from the Division of Water Quality before removing any
waste from a lagoon to a site not covered by the CAWMP that covers that lagoon.
6. If animals are to be removed from the facility, please attach a schedule on which the animis will be remove,i7,7aLs
7. Using the information listed in 2, 3, 4, 5 and 6 above, please attach an explanation on how the waste will be
managed at this facility to reduce the freeboard to the levels required levels . This explanation must include a
project schedule by which the lagoon(s) will be owered to the level required for both the structural stability and
the 25 year, 24 hour storm event storage.
I hereby certified that I have reviewed the information listed above and attached and to the best of my knowledge and
ability the information is accurate and correct.
Facility Owner/Manager (PRINT)
Facility weer/Manager (Signature)
Date:
Phone:
// ' dti� ,7�rr,. s
Technical Specialist Name (PRINT)
Technical Specialist Name (Signature)
Date: _ Id/3I ,
Phone:�fi1� _

INI
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
September 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REOUE5TED
Mr. Jackie Ellis
1067 Weldon Road
Henderson, North Carolina 27536
Subject: Notice of Violation
Recommendation To Enforce
Bonnies Birds
Facility k 35-10
Franklin County
Dear Mr. Ellis:
RALEIGH REGIONAL OFFICE
On August 14, 2000, Mr. Buster Towell of the Raleigh Regional Office
conducted an inspection at the subject poultry operation. The inspection revealed
the following violations of your Certified Animal Waste Management Plan:
Your waste lagoon had only 12 inches of freeboard. Your structure is required to
have a minimum freeboard level of at least 19 inches at all times.
Please complete the attached Plan of Action (POA) and return it to this Office
within 24 hours.
Your land application records indicated that bermuda grass received
applications of wastewater three (3) times in February of 2000. Your application
windows for bermuda is from April through September.
Please note that the above violations are violations of your Certified Animal Waste
Management Plan, and therefor are subject to civil penalties of up to $ 10,000.00
per day, per violation,
Please respond to this Notice in writing within fourteen days of your receipt.
The Raleigh Regional Office is considering an enforcement against you for the
above referenced violations of your CAWMP. If you have justification that these
violations were caused by circumstances or events beyond your control you should
include them with your response. Your response will be reviewed and forwarded to
the Director for his consideration. In the absence of any justification, the Direc
will proceed with the enforcement action.
MAILING ADDRESS. 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27609-1625
LOCATION- 3800 9ARRETT DRIVE, SUITE 10t, RALEIGH, NC 27609
PHONE [phone] FA% 91 9-571 -4716
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Jackie Ellis
Page 2
If you have any questions regarding this Notice please contact Buster Towell at [phone].
Sincerely,
Lit
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: Franklin County Health Department
Ms. Kim York, Franklin Soil & Water Conservation District
Ms. Margaret O'Keefe, RRO-DSWC
DWQ Nondischarge Compliance Group
RRO Files

.;A
DRAFT
PLAN OF ACTION
IAIGH LAGOON LEVELS AT ANIMAL FACILITIES
Faciltity Number: - County:
Facility Name:
Certified Operator:
1. Current Freeboard Level(s):
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Freeboard (inches):
2. Plant Available Nitrogen (PAN) calculated to be contained in the waste that must be removed from each lagoon
in order to reach the freeboard level needed for both structural stability and the 25 year, 24 hour storm event:
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Pounds of PAN:
3. PAN calculated to be contained in the waste generated daily by the animals that are proposed to be at the
facility. Pounds PAN per day.
4. Total Pan that can be added to the fields and crops identified in the facilities CAWMP (Please attach a listing of
the fields and the PAN that can still be applied to each field): Total Pounds of
PAN
5. If waste is to be pump and hauled to another location(s), please attach a list of the proposed sites, a summary of
the gallons proposed to be removed to each site, and the total PAN contained in the waste proposed to be taken
to each site. Please contact and receive approval from the Division of Water Quality before removing any
waste from a lagoon to a site not covered by the CAWMP that covers that lagoon.
6. If animals are to be removed from the facility, please attach a schedule on which the animis will be removed.
7. Using the information listed in 2, 3, 4, 5 and 6 above, please attach an explanation on how the waste will be
managed at this facility to reduce the freeboard to the levels required levels . This explanation must include a
project schedule by which the lagoon(s) will be lowered to the level required for both the structural stability and
the 25 year, 24 hour storm event storage.
I hereby certified that I have reviewed the information listed above and attached and to the best of my knowledge and
ability the information is accurate and correct.
Date:
Phone:
Facility Owner/Manager (PRINT)
Facility Owner/Manager (Signature)
Date:
Phone:
Technical Specialist Name (PRINT)
Technical Specialist Name (Signature)

1
LO Routine Q Complaint O Follow-up of DWQ inspection Q Follow-up of DSWC review 0.Other J
Facility Number Date of Inspection Y0 D
Time of JKpectiori +�'� 24 hr. (hh:mm)
dr
0 Permitted Certified © Conditionally Certified © Registered jjjrNot O erDate Last Operated: / „
1 f ✓✓
Farm Name: ... .................. ' ... County: / r
'� 0 r� /t � 4.1 � r � F` �
Owner Name J Fl � ILr e/ t} Mtn , c C/! l..j............. Phone No: ........................................................................I.............
Facility Contact: ...........S.M..`." . t'.............................................. Title:................................................................ Phone No:
...................................................
MailingAddress: .......................................................................................................................................................................................................... ..........................
OnsiteRepresentative:........................................................................................................... Integrator:......................................................................................
Certified Operator:
(� 0 H h i < .... L l 1 J ................................................... Operator Certification Number: ........................................,,
Location of Farm:
A
............................................................................ ........... V
Latitude �' �' ®" Longitude
Design 'Cntrrent2 De_ sign i Current; 1 ! �`! Desi ` Current '
Swine .-
Ga "aci Po ula'tion „ 'Poultry Ca aci -.Po 'ulahon; , Cattle ,Capacity.(_Population
c +:
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
Farrow to Finish
❑ Gilts
❑ Boars
❑ La r—' "
;, 1 ❑ Dairy
on -Layer
o - ❑ Non -Dairy
' ❑ Other
' :•
SEE a � �,�2
Total Design Capacityp;
a. ,til ,
'
a.ilk
❑ Subsurface Drains Present ❑Lagoon An
t
HoldingPonds / Sohd Traps , ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. II' discharge is observed, did it reach Water of the State? (If ycs, 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)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure l Structure 2 Structure 3 Structure 4 Structure 5
Identifier: I `
Freeboard (inches): .........J, .......................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
0 3/23/99
?field Area
i }
❑ Yes
❑.1Q0
Cl Yes
J
o
❑ Yes
❑ Yes o
❑ Yes
❑ Yes o
es ❑ No
Structure 6
❑ Yes �""�
Continued on back 0

Facility Number: — Date of Inspection -/y Printed on.- 7/21/2000
r"
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑-No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? El Yes o
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? es ❑_,Noo
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes 1� ivo
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings'? ❑ Yes o
Waste Application
10. Are there any buffers that need maintenance/improvement'? El Yes
11, Is there evidence of over application'? ❑Excessive Ponding ❑PAN ❑Hydraulic Overload El Yes�N0�
12. Crop type 6.Q r 10 --rti J0-9 1 2!4 4� •
13. Do the receiving craps differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes o
14. a) Does the facility lack adequate acreage for land application? ❑ Yes
h) Does the facility need a wettable acre determination? ❑ Yes No
c) This facility is pended for a wettable acre determination? ❑ Yes 'ra ""
15. Does the receiving crop need improvement? ❑ Yes No
16. Is there a lack of adequate waste application equipment? ❑ Yes o
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ic/ WUP, checklists, design, maps, etc.)
19, Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time ol'design?
21. Did the facility fail to have a actively certified operator in charge'?
22, Fail to notify regional DWQ of emergency situations as required by General Permit'?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative'?
24. Does facility require a follow-up visit by same agency'?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
�'�io yiQia icjris or d ficiet;ci. .were ... .during �his;v. . . .. ... ...
titi #'urt�gr.
comes• oridence: about. this visit.
❑ Yes ,,D5o
❑ Yes y o
es ❑ No
ElYes o
❑ Yes p
❑ Yes 0
[IYes tom-' ""
❑ Yes Na
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
No 4 D SCv�-Pegwl J!�'r�=,�
n �J% G "! f!Z- i �V G✓ !'� d S s t ,n C SDI r ! rV'
!'J II�O 2 (f { l 2 r r^ c . /•t y [- G f7 (3 '7- 1 n •4� D' ! s r c� �- (.✓c ',� S
r=ramvim- f 7
1'w
Reviewer/Inspector Name r `�~ tl
Reviewer/Inspector Signature: Date: 5/00

FA
Facility Number: Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes . No
❑ Yes No
❑ Yes No
❑ Yes
❑ Yes o
❑ Yes L �'N o
❑ Y No

Facility Number Date of Inspection
Time of Inspection ® 24 hr. (hh:mm)
© Permitted © Certified [3 Conditionally Certified (] Registered © Not Operational I Date Last Operated:
Farm Name: .................. .............f................-.....t�MkltN. ..........-...........
�JJ�it� County: -,.
.................................. .............
L, q
Owner Name:........��.trF.4..............................................,..'!J. Phone No:..SZ.Z��3�..1.................-..............
Facility Contact: .........£�.�� ............................:...Title: . Phone No: ...
Mailing Address: .......1 d 1..�............�'.J�..�e�w,......,.. ....................................... ........ it �.....................!V .............. .................. I........
Onsite Representative:..... �. e�i it Vhs..................................... ................... Integrator .......... A''-f Gre �L.........../..:.:... 1.j.'.rtr� ........
CertifiedOperator: ................................................... ............................................................. Operator Certification Number:...............:..........................
Location of Farm:
A.
........................................................................................................................................................................................................................................................
.....................................................................-........................................................................................... .... ,
Latitude 3 t. • �� ��� Longitude ®• ��° ®«
[rti�� i �DeS1�I1 CuCrent j h i if DCSI CUPCCRt y_� �' DeSlgll CUCCCRt
Ca acity Po ulation PQu1trY�j'i �,�.Ca' acity , Populattorr. ,Cattle Ca acit Po elation
❑ Wean to Feeder ayer $pp�p r' ❑Dairy
❑ Feeder to Finish ❑ Non -Layer JE1Non-Dairy
❑ Farrow to Wean .'
❑ Farrow to Feeder ❑ [her
❑ Farrow to Finish !
Total Design. Capacity
❑ Gilts. '
❑ Boars Total SSLW
olden F La p !'" ❑❑ Subsurface Drains Present ❑ Lagoou Area ❑Spray Field Area
Number of g oons. Q; t
H 4 g Po'nds./ Solid Tra s No Liquid Waste Management System
Discharges & Stream Intpacts
I. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min`?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway.
❑ Yes'No
❑ Yes @ o
❑ Yes 2<0
❑ Yes
NNoo
El Yes
,,,,�,
�
❑ Yes
O
2To
❑ Yes 210
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (inches): .........z..i......................................... —........ ................ ................ .... ............... .................... ...-......................................... I ...................
.....
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes No
seepage, etc.)
3/23/99 Continued on back

Facility• Number: �'— lf�� Date ul' Jnspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan'?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
Q NO yi6l,106ris'or d0ficiencies ware noted• ilpring this'visit' • Y:ou wiil•reb�iye 06 fuftl>to
.: corres oridence: about. this visit. :::.::......::::::.::::.....:::::: :
[]Yes �lo
❑ Yes R<O
❑ Yes 91"N o
❑ Yes [VKNo
❑ Yes T No
❑ Yes T<o
❑ Yes [!TNo
❑ Yes Tf No
❑ Yes QrNo
❑ Yes Er&o
❑ Yes 2/No
❑ Yes 2<0
❑ Yes [ To
❑ Yes i1�No
ElYes Po
❑ Yes Cleo
❑ Yes dNo
❑ Yes R�No
❑ Yes 12*1�o
❑ Yes [?No
❑ Yes j9Vo
3/23/99

Facility Number: 35- - J C Date of Inspection !L
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
❑ Yes
ETINOo
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of property within 24 hours?
❑ Yes
��
2No
28, Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
[ o
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
El Yes
//
&KO
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
eNo
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes
31. Do the animals feed storage bins fail to have appropriate cover?
❑ Yes
2<0
32. Do the flush tanks -lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes
EKO
,p d yitiona omments and/or Drawings.-'
., to ^ ,�. n �'h . A�;
7
3/23/99

M-1
Albert Jackie Ellis
Bonnie's Birds
1067 Weldon Road
Henderson NC 27536
Dear Mr. Ellis:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 12, 1998
SUBJECT: Designation of a Certified Operator in Charge
Bonnie's Birds
Facility # 35-10
Franklin County
North Carolina General Statute 90 A-47.2 requires the owner of each animal waste
management system that serves 250 or more swine, 100 or more confined cattle, 75 or
more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid
animal waste management system, to designate a properly certified operator as the
Operator in Charge (OIC). Our records indicate that the OIC you previously
designated is no longer a certified animal waste management system operator.
As the owner of a registered animal operation with an animal waste management
system, you must designate a certified animal waste management system operator as
the Operator in Charge. Enclosed is an Operator in Charge Designation Form
specifically for your facility. Please return this completed form to this office by
June 12, 1998. Please be advised that nothing in this letter should be taken as
absolving you of the responsibility and liability for any past or future violations for
your failure to designate an appropriate Operator in Charge.
If you have any questions regarding the certification of an operator, or need assistance
in locating a certified operator in your area, please contact
Cindy Dudley with the Technical Assistance and Certification Unit at
[phone] ext. 309.
cd/Desig. of certified OIC
Enclosure
cc: Raleigh Regional Office
Water Quality Files
Sincerely,
Joseph B. McMinn, Supervisor
Technical Assistance & Certification Unit
MAY I ? tR .
• F.•If f {
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
P.O.BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FA% GI O-733-1338
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYGLEO/10% Po9T-CONSUMER PAPER

LO Routine O Complaint O Follow -tip of DWO inspection O Follow-up of DSWC review O Other
Facility Number Date of Inspection 6
Timcief Inspection 24 hr. (hh:mm)
0 Registered © Certified 13 Applied for Permit © Permitted C] Not Operational Date Last Opera ed:
,ll t5 /� /�� Count . '! L' �.
FarmName:.........�3 N......�.�........................�� /................ ....... v- .............(" ................
OwnerName: ................................................... ........................................................................ Phone No:.......................................................................................
Facility Contact: .............................................................................. Title:..................... ... Phone No:
...........................................................................................
MailingAddress: ............................................................................................................................................................................................ ..........................
OnsiteRepresentative:.......1..�1..� T` !`-'�. ......... ............................ Integrator: ......................................................................................
Certified Operator:............................................................................................................... Operator Certification Number:.........................................
Location of Farm:
Latitude 0=1 61 Longitude 0' 0` =11
Destgn3Current
DesignCtsrrent �F Dest > Curretnt
Swine ; Capacity '�Populatton ,,;Poultry Capaci#y„P9pulattan
Cattle Capacity ° Popufat�on
ww
Wean to Feeder
❑Layer
°
❑Dairy
FqFeeder to Finish
on -Layer
❑ Non -Dairy
Farrow to Wean
❑ Farrow to Feeder
❑ Other
,
❑ Farrow to Finish
5Y.
Total Design
Capacity
❑ Gilts
v
p. ryTotalSSLW
❑ Boars
Nuinher of Lagoonss ! Hofdtng Ponds
❑ Subsurface Drains Present
❑ Lagoon Area
I0 Spray Field Area
MM N r` A S .
k _ ❑Management System:
No Liquid Waste
U. AVt,ws
,
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes1No
2. Is any discharge observed from any part of the operation? ❑ Yes )ZNa
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes �o
b. If discharge is observed, did it reach Surface Water? (If yes. notify DWQ) ❑ Yes �NO
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) ❑ Yes &No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes dNo
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes .Mo
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes �:Ko
main tenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes �o
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes O No
7/25/97 Continued on back\/

Facility Number:] — 1
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes /6No
Structures (Lagoonsgolding Ponds, Flush Pits etc
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ZNo
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: r
Freeboard(ft) [.......... .................................... ................... ................ .... ............................... ._................................. ....................................
10. Is seepage observed from any of the structures? ❑ Yes 6 No
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes [1 No
12. Do any of the structures need maintenance/improvement? V Yes /❑ No
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
❑ Yes 9qo
3Vaste Application
14.
Is there physical evidence of over application?
❑ Yes 00
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
Crop type ...�...� ,!!11.......................................................................................................................................................................
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
es PA40
17.
Does the facility have a lack of adequate acreage for land application?
❑ Yes 01No
18.
Does the receiving crop need improvement?
04fes ❑ No
19.
Is there a lack of available waste application equipment?
❑ Yes �10
20.
Does facility require a follow-up visit by same agency?
ElYes No
21.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes No
22.
Does record keeping need improvement?
❑ Yes �Ko
For Certified or Permitted FacilitiesQnly
23.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes 1110
24.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ,L�1 0
25.
Were any additional problems goted which cause noncompliance of the Permit?
❑ Yes No
0 No.violations-or. ddldencies. were noted- during this:visit. You:Wiill receive no further
corrOpondeuce iihoitt this•. visit:.::. ;
Ya
9- W26
7/25/97
Reviewer/Inspector Name
�✓
Reviewer/Inspector Signature: Date: 4

C�4 rf,, p-
❑ Di : ; n of Soil and Water Conservation ❑ Other Agency
tvision of Water Quality
10 Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other 1
Date o 'Inspection
Facility Numb
Tune of Inspection 24 hr. (hh:mm)
13 Registered Certified [3 Applied for Permit © Permitted 10 Not O erational Date Last Operated:
Farm Name: ..
y S Count . .ran /<< t'✓............................................
.Qn..n..s.....p.....................................................................................
Owner Name: ��L q
..nrti C L .� i Yq Q
................................�.. ..................J�...... 5.............................................. Phone No:..........�.�.%J............................
Facility Contact: �T - �..� t ....... Title: ............................................. Phone No:...................................................
! r
Mailing Address: J..�?.�? ......
��.......,..x.7..�?s..�...................... ..........................
.............................................................�":.......... ..... .... .....
Onsite Representative:.... ' G% S
� !,g.................................................................
.........................,............................................................... Intt taint:.....................
Certified Operator
p........................................................................................... Operator Certification Number ..........................................
Location of Farm:
Latitude Longitude �• �� ���
; •'
Design z. CurrenE ;, Design 'Current { "; Design � Current
5wme CapacityA Popalatiori Poultry .capacity Population Cattle Ca acityPopuiafion-
❑ La ❑ Dairy;
on -Layer Qpa ❑ Non -Da iry
C k
10 Other
Via_
f EEEII
Total Design `Capacity
, fiA Total. SSLW
.
Number o agod
I Holding Ponds � , ❑ Subsurface Drains Present ❑Lagoon Area ❑ Spray Field Area
w. ❑ Management System A
No Liquid Waste Mana t
�.- f> ,
❑ Wean to Feeder
'
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
'
❑ Farrow to Finish'
❑ Gilts
❑ goats
'
General
L Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gaVmin?
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
maintenancetimprovement?
5. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
❑ Yes �LI N
❑ Yes No9;_
❑ Yes
❑ Yes VNo"
ZfNj
❑ Yes
❑ Yes No
❑ Yes No
❑ Yes Na
❑ Yes o
❑ Yes No
Continued on back

-.
A

F561W Dumber: 3�
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons,iiolding Ponds, Flush Pits, etc.l
9. Is storage capacity (freeboard plus storm storage) less than adequate?
~ ❑ Yes Z No
❑ Yes No
Structure 1 Structure 2 Structure 3 Structure 4 Structure .5 Structure 6
Identifier:
Freeboard ft ................
10. Is seepage observed from any of the structures? ❑ yes o
11, Is erosion, or any other threats to the integrity of any of the structures observed'? ❑ Yes No
12.. Do any of the structures need mainten.ince/imhroventent? ❑ Yes 'o
(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? ❑ Yes ZNo
-Waste AVVlication
14. Is there physical evidence of over application? ❑ Yes No y
(if in excess of WMP, or runoff entering waters of the State. notify DWQ)
15. Crop typei�1y..d.C9f...'�.�....ihP`r...
I6. Do thereceiving crops differ with those designated in the Animal Waste Management Plan (ANVMP)? ❑ Yes El, zo
17. Does the facility have a lack of adequate acreage for land application? ED Yes ;.!o
18. Does the receiving crop need improvement? ❑.Yes, ;V!N/
� o
19, Js there a lack of available waste application equipment? [)'Yes20. Does facility require afollow-up visit by same agency? ❑Yes
21. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes N
r
22. Does record keeping need improvement? Q Yes No
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste ?Management Plan readily available? ❑ Yes N
24. Were an ditional problems noted which cause noncompliance of the Certified AWMP? Yes N
25.-. ,W any additional problems noted which cause noncompliance of the, Penn] t '.3• t� ' i 7 Tn �:r0 Yes No
No.violations or d'iciencie's.rvere noted•dur'ing this'visit..Yo"U.rvill receive no further
corresp6ndence about this.visit.
Cotnnaents (refer fo question #) <Expla n any Yt S answers and/or an'y reckimmendatrons or any other comments
Use drawings if� iliiy torhetter;explatn sttuattons. (use additional pages°as necessdrv} � w'I
. _... ; ;
7/25/97

� -4W
'0 Division of Soil and Water Conservation - Operation Review
r [] Division of Soil and Water Conservation - Compliance Inspection
0 Division of Water Quality - Compliance Inspection
[3 Other Agency - Operation Review
�0 Rontine 0 Complaint 0 follow-up or DNVQ inspection 0 Follim-up of DS% C rrview_ 0 Other �
..-.,...... Facilil+' Nun►her�.,g..,3y �.���.�..«..,,.<,.,,,., i):iry rdr [ntipca•(ion =
i'inle of ln,q)t,clion 24 hr. (hh:mm)
© Permitted [3 Certified ❑ Cunditionaliv Certified ❑ Registered 10 Not () )crutional Date Last Operates{:
Iiarin Narne:....:......................................................................................................................... Ccwnt y:..... yl L. .l'. ti................................................
Owner Name: I'hone No:
..................................................................................................................................................................................................................
FacilityContact: ..............................................................................Title................................................................. I'hone No:
iMailing Address:
Onsile Rcpreserttative:.... V'...f' ��. ............. F'..�:. ... Intcrrator:. .1G.1�`7;�isa .3.......... . ...............
............. ........I. .
Certified Operator:................................................................................................................ Operator Certification Number:..........................................
Location ol'Farm:
A
..........................................................................................................................................................................................................................................................................1
Latitude Lonritudc • �'
Design Current
Swine Capacity Population Poultry
❑ Wean to Feeder
❑ Feecler to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
i
Design Current Design Current
Capacity Population Cattle Capacity Population
- �'•.� ❑ Dairy
❑ Non -Dairy
❑ Other
Total Design Capacity
Total SSLW
Number of Lagoons ❑ Subsurface Drains 1'rescnt ❑ Lagoon Area JE1 Spra}• t'ietd Arca
Holding Ponds 1 Solid Traps ❑ No Liquid Waste !Managemcnt System
DischarLes S Stream Impacts
1. Is any discharge observed from any part of the operation (If ves. notify DWQ)Y
Discharge arrivinatccl at: ❑ La4goon ❑ Spray Field ❑ Other
a. If dischar<*e is observed, was the c:onvcyartce roan -rack?
h. 11'discharue is ohscrvcd, did it rCM;fi: ❑ SurlI'ice Waters ❑ Waters of the State
c. It discharL*e is ohserved. what is the esiimatecl How in «alhnirl?
d. Does discharge hypass .l lagoon sy stcm?
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts to the waters of the State ether than 1'r011) a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2 Structure 3 Structure l Structrn'e 5
Identifier:
I-rcehoard finches? ....,..........................................................................................................................................
❑ Yes �o
❑ Yes No
❑ Yes No
❑ Yes] No
❑ Yes No
❑ Yes No
❑ Yes �`] No
Structure 6
1 l6199
Continued on back

Facility Number: D:LU' of Inspection
5. Are there any immediate threats to the inte f-rity of any of the su-uctur-cs observed? Oc/ trees, severe erosion, yes o
seepage, etc.) /
6. Are there structures on -site which arc not properly addressed and/or managed through a waste managcmew or
closure plan'? ❑ Yes Nn
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need ill ainten ance/impro vement'? W'Yes ❑ No
8. Does any pal t of the waste manaoement system other than waste structures require maintenance/improvement? ❑ Yes No
9. Do any stuctures lack adequate, Lau«ed markers with required top of dike, maximum and minimum
liquid level elevation markings? ❑ Yes o
NVasie Application
10. Are there any buffers that need maintenance/inn proVeil] CT) t'.' ❑ Yes 2J Xo
11. Is there evidence of over application? ❑ Pondin, ❑ Nitrogcn ❑ Yes O/No
12. Crap type L.O.A.I `1Y. ..........J..........1: .1.. (F..
13. Do the receiving crops differ with those desi-nated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes FTNo
14, Does the facility lack wettable acreage for land application'? (footprint)
❑ Yes
XNo
15. Does the receiving crop need intprovemcnt7
❑ Yes
No
16. Is there a lack of adequate waste application equipment?
❑ Yes
o
ItUlL ired Records & Documents
17. Fail to have Certificate of Covera�,e & General Permit readily available?
❑ Yes
; No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
ElYes
ZNo
19. Does record keeping need improvement'? (ic/ irrigation. freeboard, waste analysis & soil sample reports)
4 Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
] No
21. Did the facility fail to have a certified operator in responsible chargc?
❑ Yes
No
22. Fail to notify regional DWQ of emerg*envy situations as required by General Permit?
Yes
eNo
(ie/ discharge, freeboard problems, over application)
❑
23, Did Reviewer/Inspector fail to discuss revicwhrispection with on -site representative?
❑ Yes
VNo
24. Does facility require a follow-up visit by same agency'?
❑ Yes
❑�I0
0, No,vialations-or. deficiencies .were no.ted du.ring.this-visit; - You will.receive no further.:.
eorrespofidei>fce:tbout. this .visit.: : :: . . .....:: . ::: :: :: :: :: :: . .
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary)::.
JTJ G /i Gir t j Y 4,115 LI�L
Ill Sf'E-c n.�,V � �,,��E,s,T �G� G-,c. ,—�i3� tr �Zc Sic �v, •�• �P�G'�/�� �i ��, �f}sT yG i�r�
f , lD��� v/�''--� wif�rC- ��r7!/�F tN . I�
Apr,
���,�, r> � ,� � f ��• fti r ti1-- �7 r~ �,rq�Er�,� Iq 4)0 s IT rt��I ed
17 . .
/ AlN � - 2 5 - I 5 A• _ ••
Reviewer/Inspector Nance
ReviewerAnspector Signature: fr,(�.j j Date:
l /6/99

Revised January 22, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number t7s,_ - Operation is'flagged for a wettable
Farm Name: acre determination due to failure of
On -Site Representative:- _tccC the l ti Part 11 eligibility item(s) F1 F2 F3 F4
Inspector/Reviewer's Name:ylq a (-Oe
Date of site visit: -2o
Date of most recent WUP:
Operation not required to secure WA
determination at this time based on
exemption E1 E2 E3 E4
Annual farm PAN deficit: pounds
Irrigation System(s) - circle #: 1. hard -hose traveler; 2. center -pivot system; 3. linear -move system;
stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system wlportable pipe;
6. stationary gun system wlpermanent pipe; 7. stationary gun system wlportable pipe
qtz� / I, 7
PART I. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.)
E1 Adequate irrigation desig ; including map depicting wettable acres is complete
and signed by an I or PE. '"' r 5t
� r�haar
E2 Adequate D, and D2/D3 irrigation operating parameter sheets, inc uding ma _
depicting wettable acres, is complete and signed by an I or PE.
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
i� E4 75% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be
applied to farms that fail the eligibility checklist in Part 11. Complete eligibility
checklist, Part 11 - F1 F2 F3, before completing computational table in Part 111).
PART 11. 75% Rule Eligibility Checklist and Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements listed below:
F1 Lack of acreage which resulted in over application of wastewater (PAN) on spray
field(s) according to farm's last two years of irrigation records.
F2 Unclear, illegible, or lack of information/map.
F3 Obvious field limitations (numerous ditches; failure to deduct required
buffer/setback acreage; or 25% of total acreage identified in CAWMP includes
small, irregularly shaped fields - fields less than 5 acres for travelers or less than
2 acres for stationary sprinklers).
F4 WA determination required because CAWMP credits field(s)'s acreage in excess
of 75% of the respective field's total acreage as noted in table in Part III.

i, 1
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A A,�
DEHNR
Division of Water Quality
June 27, 1997
Mr. Albert Ellis
1067 Weldon Road
Henderson, North Carolina 27536
Subject: Notice of Deficiency
Bonnie's Birds
Facility # 35-10
Franklin County
Dear Mr. Ellis:
4.1
On June 11, 1997, Mr. Buster Towell from the Raleigh Regional
office conducted a compliance inspection of the subject animal
operation. This inspection is a part of the Division's effort to
determine compliance with the State's Animal Waste Management
Regulations.
Mr. Towell's site visit determined that wastewater from your
facility was not actively discharging to the surface waters of the
State, nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed. However, as a result of the inspection, the following
deficiency was observed:
Your waste lagoon had only 14 inches of freeboard which is less
than the amount required. Animal waste lagoons are required to
maintain.enough freeboard so that no discharge of wastewater will
occur to waters of the State during any rainfall event less severe
than a 25 year\24 hour storm.
The above matters should be addressed to prevent the possibility of
an illegal discharge. Please respond to this Notice within 30 days
of receipt. You should include in your response the actions that
you will take to address these deficiencies.
3800 Barrett Drive, Suite 101, i
FAX [phone]
Raleigh, North Carolina 27609 Nf
An Equal Opportunity Affirmative Action Employer
IC
Voice 919-571-4700 500% recycled/10% post -consumer paper

Mr. Albert Ellis
Page 2
This office would like to remind you that you are required to
submit an approved animal waste management plan by December 31,
1997, or you may choose to submit a closure plan for this facility.
These plans must be Certified by a Designated Technical Specialist
or a licensed Professional Engineer. For a listing of certified
-technical specialists or assistance with your waste management plan
you should contact your local Soil and Water Conservation District
Office.
The Raleigh Regional Office appreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Buster Towell at [phone].
*-� Sincerely,
Kenpe Schuster, P.E.
Regional Supervisor
cc: Franklin County Health
Ms. Kim York, Franklin
Conservation District
Ms. Margaret O'Keefe,
DWQ Compliance Group
RRO Files
NOD\35-10
Department
Soil and Water
DSWC--RRO

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Albert Jackie Ellis
Bonnie's Birds
1067 Weldon Rd
Henderson NC 27536
Dear Albert Jackie Ellis:
&4 60 0
WPM
NCDENR
ENVIRONMENT AND NATURAL RESOURCy9 g
December 30, 1999
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 35:10_
.Franklin. County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLURI, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
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 Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerel ,
Kerr T. Stevens, Director
Division of Water Quality
cc: Raleigh Regional Office
Franklin County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

./
Date of Inspection -//-
Facility Number D
Time of Inspection Zs' 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: Registered ❑ Applied for Permit (ex:1.25 for I hr 15 min)) Spent on Review : O
❑ Certified ❑ Permitted or Inspection (includes travel and orocessinr!)
/❑(( Not Operational Date Last Operated: ........................ . ........ . ...... . ................................................... . . .... . ....... . ....... . . ..... . .................
Farm Name:..U..Ql? n; 3 :.2 `� S......................................... County:
Land Owner Name:.., a. ... _ 9/? —! j
Phone No :........... .............................�7 ...........................
Facility Conctact:..... .I..?.Qr....L ..�!..._5..... _............ Title: ....................................... ....... Phone No: .... _...........................................
_.
Mailing Address: �,n 1o7..I Got d t D 1V2n� I P. o*n
........L..................:......._......................................... ,................._..............................._......................, .................._......
Onsite Representative: �i ..P...�t-.l. C: /l� .�...................................... Integrator: ... �lJ. l.............................. _..........
Certified O erator:..�.D,e/� j
P..�.................................................................................. Operator Certification Number:..........................................
Location of Farm:
Latitude =• 0. =" Longitude =• =, F---],.
q,enerat
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
4/30/97 maintenance/improvement?
❑ Yes AlNo
❑ Yes No
❑ Yes ONo
❑ Yes Z No
❑ Ye No
❑ Yes _/N'o
❑Yes ❑N
❑ Yes No
Continued on back

•v Facility Number:—..�.�?......
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
Cl Yes
7. Did the facility fail to have a certified operator in responsible charge?
❑ Yes
2<0
8. Are there lagoons or storage ponds on site which need to be properly closed?
❑ Yes
ld"No
Structures (lagoons and/or Holding Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
es
❑ No
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Structure 6
�.�1.`..:....... ........... __............. ................ _........ _ .... __...... _............ ... ...... ........... _....
..........................
10. Is seepage observed from any of the structures?
❑ Yes
,INo
11. Is erosion, or any other threats to the integrity of any of the structures observed?
❑ Yes
U. Do any of the structures need maintenance/improvement?
❑ Yes
No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Rles
❑ No
Waste Aimlication
14. Is there physical evidence of over application? [--]Yes ❑ No
(If in excess of WMP, or runoff entering waters, of the State, notify DWQ)
15. Crop type .. .�.. � I. .. .l..r '. 1....�....`.... �� ................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AW�IP)? El Yes [I No
07 o fl^ 7 P
17. Does the facility have a lack of adequate acreage for land application? ❑ Yes EMO
18.
Does the receiving crop need improvement?
❑ Yes
19.
Is there a lack of available waste application equipment?
❑ Yes
�❑'��
1d'No
20.
Does facility require a follow-up visit by same agency?
❑ Yes
l o
21.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
❑ No
For
22.
Certified Facilities Only
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
❑ No
23.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
24.
Does record keeping need improvement?
❑ Yes
❑ No
Comments (refer to queston#)Explain ariy YES answers and/o4ny recommendations t any othei�en 4
Use d awll ings,;of facility to.betterlexplam s�tuat�ons: (use additional pages as necessary)
.'":,ix • &"r, � d1.1 <t e: -.p "'s.' ... ..,r"e3'a C' _ , .,-, n ....'.£-" �3e .,. ., ' ..vr -z A� :-. �'{ c.--- i� . _�;YY'Y.r t. :"� �. • � �.:X: %.E �F�
rr
q C•%� Lt 4 c r /« / 1 /
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Reviewer/Inspector Name X.
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Reviewer/Inspector Signature: [j,
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Date:
cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97

State of North Carolina IF I
Department of Environment,
Health and Natural Resources 1 •
Raleigh Regional Office
James B. Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
Division of Soil and Water Conservation
April 21, 1997
Mr. Albert Ellis D
Route 1, Box 399
Henderson, NC 27536 APR 2 21997
SUBJECT: Operation Review Corrective Action Recommendation
Bonnie's Birds
Facility No.35-10 REGIONAL QFF CE
Franklin County
Dear Mr. Ellis,
On April 15, an Operation Review was conducted of Bonnie's Birds Farm, facility no. 35-10. This
Review, undertaken In accordance with G.S. 143-215.10D, is one of two visits scheduled for all
registered livestock operations during the 1997 calendar year. The Division of Water {,duality will
conduct a second site inspection.
During the Review, it was determined that waste was not being discharged to the waters of the
State, and the animal waste collection, treatment, storage and disposal systems were properly
maintained and operated under the responsible charge of a certified operator. However, the
following management deficiencies were discovered and noted for corrective action: failure to install
start and stop markers within lagoon; failure to install a lid on the catchbasin; and inadequate
protection of the catchbasin from stormwater flow. These management deficiencies need to be
addressed and corrected. You are encouraged to contact your certified technical specialist if
additional assistance is needed. During ensuing reviews, these same deficiencies will be re-
examined to determine if corrective actions were implemented.
In order for your facility to remain in compliance with environmental regulations, animal waste
cannot be discharged into the waters of the State, and the animal waste collection, treatment,
storage and disposal systems must be properly maintained and operated under the responsible
charge of a certified operator.
Please remember that you are required to obtain and implement an approved animal waste
management plan by the end of this year. The plan must be certified by either a designated
technical specialist or a professional engineer. For additional assistance with the plan, please
contact your local Soil and Water Conservation District Office or local Cooperative Extension Service
Office.
The Division of Soil and Water Conservation appreciates your cooperation with this Operation
Review. Please do not hesitate to call me at 919/571-4700 ext. 208 if you have any questions,
concerns or need additional information.
Sincerely,
�Ma�'�rqV'X!O'Keefe
Environmental Engineer
cc: Franklin Soil and Water Conservation District
Carroll Pierce DSWC Technical Services Chief
Judy Garrett, Water Quality Regional Supervisor
DSWC Regional Files
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 N%f An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/ 10% post -consumer paper

10 Routine 0 Com Taint 0 Follow -! of DW9 inspection 0 Follow-ug of DSWC review 0 Other
Date of Inspection `1 S 7-71
Facility Number 35 14
Time of Inspection / 3 p v 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: R,eisleretl._....._..........» ........ ......_...... ..»...... » ..... (ex:1.25 for I hr 15 min)) Spent on Review
or Inspection includes travel andprocessing)
FarmName: ................ »...... »...................... ....... ................ ..... ......_, County: Egan.Wia—.... »......... �.... ,. �....».......
OwnerName- �erX _....._..........__...._ Eliis._......._................. ......_».....» .... Phone _....... .»........... _. _..
MailingAddress: B1.1.Rox129.................. ».....»........ _....__....__.... _.._._......... Hendmo&=._....... ........_.... ».....__....__...2.7M6.... .........
OnsiteRepresentative:. ...lei-$.G a .. .. ki-L`?........_».............»._....._..... Integrator:..............................._...................................--
Certified Operator:,ABfal .................. ...... ....... —Enk........ »...._...... ..............—.». Operator Certification Number: ...... ................. ...... »..... —
Location of Farm:
Latitude 36 • Longitude 78 • I7 40
NotOperational Date Last Operated: ... .......... _......».... ......_. _.......�.....».....»_..... .... _...._»......... »...�.............. ....
Type of Operation and Design Capacity
A -WA
S wiIIe ' ;t. Umber�Poatryb; �, �a
6s nmer mx
Wean to Feeder La er` Dairy
'06 ❑
Feeder to Finish ®Non La er 50000 ' Non -Dairy
Farrow to Wean � � t � U, 6% AM
Farrow to Feedera
A
x Farrow to Finish ❑ Other Type of Livestock �� "f `°
,asp'„"`,ikn:`-:_.:Y-
❑ Subsurface Drains Present
Number of Lagaans`! Hald#ng Paads ��,�� �.
❑ La oon Area " ❑Spray Field Area
--.—
r �`�
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes No
2. Is any discharge observed from any part of the operation? ❑ Yes ,� No
a. If discharge is observed, was the conveyance man-made? ❑ Yes dNo
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes 6 No
c. If discharge is observed, what is the estimated flow in gal/min? A
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes dNo
3. Is there evidence of past discharge from any part of the operation? 0 Yes ❑ No
4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 91 No
5. Does any part of the waste management system (other than lagoons/holding ponds) require P Yes ❑ No
maintenance/improvement?
Continued on back

6. Is facility not in compliance with any applicable setback criteria? ❑ Yes P�No
7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/l/97)? ❑ Yes [Z No
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes 0 No
Structures 1Laeoons and/or Holding Ponds)
9. Is structural freeboard less than adequate? ^ ❑ Yes ONO
Freeboard (ft): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4
.........��.,t....................... ...».... ...... _.
10. Is seepage observed from any of the structures? ❑ Yes VNo
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ONO
12. Do any of the structures need maintenance/improvement? ❑ Yes [YNo
(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 adquate markers to identify start and stop pumping levels?
[6 Yes
❑ No
Waste A plicatlon
14.
Is there physical evidence of over application?
❑ Yes
0 No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
Crop type.d2 �?.�?..1�.............. .............. .... ...... _....... . ....W_..............
16.
Do the active crops differ with those designated in the Animal Waste Management Plan?
❑ Yes
[3No
17.
Does the facility have a lack of adequate acreage for Iand application?
❑ Yes
18.
Does the cover crop need improvement?
❑ Yes
�,dNo E
No
19.
Is there a lack of available irrigation equipment?
❑ Yes
No
For Certified Facilities Onl
20.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
❑ No
21.
Does the facility fail to comply with the Animal Waste Management Plan in any way?
❑ Yes
❑ No
22.
Does record keeping need improvement?
❑ Yes
❑ No
23.
Does facility require a follow-up visit by same agency?
❑ Yes
dNo
24.
Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge?
❑ Yes
ONo
Comrnents.(refer'to question #): 'Ex I'' ally YES`answers andl6T any recommeiidattons or any other ca1nments � 35 16
F
,
Use drawings of facility to better explarn situations.;(use addrttanal pages as necessary) ,<y z
w
s { cA T GH 13 S!ti N EEO 5 iuu c 2 RAJAJ WAl vFR, 6
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PUMP CL S iGN�G co.rlTit/4C7`
L-49 b �- e s'PQ,ti 'k L f t 3 �1 s rE "7
Reviewer/Inspector Name
Reviwer/Inspector Signature: Date:
cc. Division of Water Quality, Water Quality Section, Facility Assessment Unit 11/14/96

State of North Carolina
Department of Environment,
Health and Natural Resources •
0 A r
James B. Hunt, Jr., Governor IDEEHNFR
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
Albert Ellis
Bonnie's Birds
Rt 1 Box 399
Henderson NC 27536
Subject: Operator In Charge Designation
Facility: Bonnie's Birds
Facility ID #: 35-10
Franklin County
Dear Mr. Ellis:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919/733-0026.
Sincerely,
FQ&ve W. Tedder
Enclosures
cc: Raleigh Regional Office
Water Quality Files
Water Pollution Control System V �4 Voice 919-733-0026 FAX [phone]
Operators Certification Commission N)0f CAn Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
IDF.=HNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 7, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Albert Ellis
PO Box 173
Henderson, NC 27536
Subject: Notice of Violation
Recommendation of Loss of Deemed Permit
Bonnie's Birds
Facility 35-10
Franklin County
Dear Mr. Ellis:
On March 29, 1996, Mr. Charles Alvarez of the Raleigh Regional
Office conducted a inspection of the subject facility. This
inspection is a part of the Division's efforts to determine
potential problems associated with liquid waste storage and
disposal systems from confined animal operations. The inspection
revealed that:
1. Waste was surfacing from an area near an influent pipe to
the lagoon. The waste ran downhill to a stream coming from
a beaver pond which is an unnamed tributary to Flatrock
Creek classified as B-NSW in the Tar River Basin.
2. The freeboard in the lagoon was less than the required
19 inches. Actual freeboard was approximately 4-6 inches.
3. No waste application equipment was seen on the site.
Animal operations in the State have been deemed permitted by the
Division in accordance with Title 15A of the North Carolina
Administrative Code, 2H, Rule .0217. An individual nondischarge
permit is not required if certain critieria are met. A major
requirement to be deemed permittted is that there must not be a
discharge. of any wastewater from the operation to the waters of the
State.
This Office is issuing you this Notice of Violation regarding this
matter, and you are hereby required to immediately eliminate the
illegal discharge which is subject to a fine of $10,000.00 per day,
Der violation.
3800 Barrett Drive, Suite 101, of` FAX [phone]
Raleigh, North Carolina 27609 Nv4FC An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/10% post -consumer paper

Please respond in writing to this Notice no later than 10 days of
receipt of this letter, detailing your actions to permanently
eliminate the discharge from your animal facility. You should also
seek assistance in the development of the required waste management
plan and report any progress made thus far. For assistance in this
matter you should contact your local Natural Resource Conservation
District Office or any liscensed Professional Engineer.
This office may recommend to the Director of the Division that the
deemed permittted status of this facility be revoked. The Director
will also consider whether a civil penalty is warranted for the
unpermitted discharge to surface waters.
If you have any questions or if this office may be of assistance,
please contact Mr. Charles Alvarez at 919/571-4700.
ATTACHMENTS
cc: Franklin County Soil &
Franklin County Health
Steve Bennett - DSWC
Facilities Assessment
Sincerely,
�.
eIi nneth Schuster P.E.
Regional Supervisor
Water Conservation District
Department
Unit

Facility Number:=-_- 0 -
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
+ Date: 3 Z 4
y Time:
General Information- �yry� y
Farm Name: ! ' I)enlAlrc�S - t rd S County: F,,a,J
Owner Name: - f �Pi 1= J 1 i s .- - Phone No: Z ! 3 J
On Site Representative: Integrator:
Mailing Address: 12 1 6RX 7�1
+7 y
pr pJ rVL 4�s3�
Physical Address/Location: 164 of La aN c 1 f e Wedsw
aa�p�e i='�4L,e� 1��-- DPW
Latitude: 1'. , l��l 0 S` Longitude: 7 $
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Type'of Poultry No. of Animals Type of Cattle No. of Animals
Z Sow td Layer aiae ❑ Dairy
:1 Nursery ❑ Non -Layer ❑ Beef
:1 Feeder
Ai
OtherType of Livestock- Number of Animals:
Number of Lagoons: �� (include in the Drawings and "Observations the freebosrd'of each lagoon)
Facility Inspection:
Lagoon
Is lagoon(s) freeboard less than 1 foot + 25 year 24 hout storm storage?: •-
Yes
No ❑
Is seepage observed from the lagoon?: .f,
Yes ❑
No ❑
Is erosion observed?: -
Yes ❑
No a
Is any discharge observed?
Yes ❑'
No ❑
❑ Man-made Q Not Man-made`
Cover Crop • r f
Does the facility need more acreage; for. slirajing?. : ^' ,�.
Yes ❑
No 2'
Does the cover crop need improvement?: { ;' '
• Yes ❑
No
( list the crops which need improvement)
Crop type: Acreage:
1
Setback Criteria '
Is a dwelling located within 200 feet of waste application?
Yes ❑
No 5"
Is a well located within 100 feet of waste application?
Yes C]
No iE'
-Is-animal waste stockpiled within 100 feet of USGS Blue Line Stream?
Yes ❑
No &'-
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream?
Yes ❑
No C+i
AO[ -- January 17,1996

Maintenance
Does the facility maintenance need improvement? Yes 51"' No ❑
Is there evidence of past discharge from any part of the operation? Yes Cr' No ❑
Does record keeping need improvement? Yes ❑ No ❑
Did the facility fail to have a copy of the Animal Waste Management Plan -on site? Yes ❑ No ❑ AdA
Explain any Yes answers:_ L&4e`.11 is jet i�a '' a %aN,�: 'a•J _��� �`,v l�
Signature:, C LI-41 / _ Date: "2-?
cc: Facility Assessment Unit , Use Attachments if Needed
Drawings or Observations:'
v J)war
l be4.wer
Q
a Io�y all P:,o e
AOI -- January 17,1996

State of North Carolina
Department of Environment,
Health and Natural Resources e
Raleigh Regional Office
James B. Hunt, Jr., ,Secreta
Jonathan B. Howes, Secretary ID FE Flo
Boyce A. Hudson, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 8, 1995
Mr. Albert Ellis
Route 1, Box 399
Henderson, North Carolina 2$7536
Subject: Management Deficiency Notification
Swine Operation
State Road 1403
Franklin County
Dear Mr. Ellis:
On July 24, 1995, Mr. Danny Smith from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
facility. This inspection is part of the Division's efforts to
determine potential problems associated with liquid waste disposal
systems.
Mr. Smith's site visit determined that wastewater from your
facility was not discharging to the surface waters of the state.
Nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed.
However, as a result of the inspection, the following
deficiencies were observed:
-Your lagoon had an insufficient freeboard level of 10
inches. This problem should receive prompt attention. Properly
functioning lagoons should have at least 19 inches of
freeboard.
-It was noted that you had inadequate cover crop and that
there appeared to be a lack of spraying equipment on site.
These deficiencies must be addressed promptly.
-There was also evidence of past discharges from your lagoon.
Immediate efforts should be made to correct this problem.
In addition, to continued waste facility management, these
deficiencies must be immediately addressed to help prevent the
possibility of an illegal discharge.
3800 Barrett Drive. Suite 101, Raleigh, North Garolno 27609 Telephone 919-571,4700 FAX 91"71-4718
An Equal Opportunity Affirmative Action Employer 5016 recycled/ 10% post-consrner paper

Albert Ellis
Management Deficiency Notification
Page 2
The Raleigh Regional Office will require a written response to the
aforementioned issues within 30 days of receipt of this letter. You
should specifically address how you plan to correct these problems
and submit a schedule (with dates) stating when these management
deficiencies will be corrected.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facilities. The Division of
Environmental Management is required to enforce water quality
regulations in order to protect the natural resources of the State.
Accordingly, illegal discharges of wastewater to surface waters of
the State are subject to the assessment of civil penalties of up to
$10,000 per day, and may also result in the loss of deemed
permitted status, requiring immediate submission of a waste
management plan.
This office would also like to take this opportunity to remind
you that you are required to have an approved animal waste
management plan by December 1997. This plan must be Certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists or assistance with your
waste management plan you should contact your local Soil and Water
Conservation District.
The Raleigh -Regional Office appreciates your cooperation in
this matter. If you have any questions regarding your inspection
please call Danny Smith at [phone].
Sincerely,
_za
Kenneth Schuster, P. E.
Regional Supervisor
/ds
H:\animdn
cc: Franklin County Health Department
Franklin County Soil and Water Conservation District
Steve Bennett - Regional Coordinator, Division of Soil and
Water Conservation

t RRO P•02i02
—1995 15 26 FROMDEM WATER QUALITY SECTION TC�
Site Requires Immediate.Ahtcn6or.' le
Facility No. a10
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPEkAlIONS S7 VISITATION RECORD
DATE: Z , 1995
Time:
Farm Narne/owner:
Mailing Address:
County: �k-2 4
Integrator: OJ
On Site Representative:,L,
Physical Address/t.ocation:
Type of Operation: Swine Poultry -2�_ ' battle
Design Capacity: 5Dy64�1 _ Number of Animals on Site;
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: _' ��' 5" Longitude_ / �" Elevation: !K Feet
D, 5 �Z Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approxiawely 1 Foot + 7 inches) Yes or(N( Actual Freeboard:
�Ft. ` Inches
Was any seepage observed from the lagoou(s)? Yes or Was any erosion observed? Yes or o,
Is adequate land available for spray? Yes i' No. Is the cover crop adequate? Yes orgo 7
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria'? 200 Feet from Dwellings?s or No
100 Feet from Wells? 0e or No
�r a^imal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or(!;)
: libnal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Lme? Yes or _
animal waste discharged into waters of the state by inan-made ditch, flushing, system, or urher
•;imi,ar mars -made deVices? Yes q0 If Y, s. Please Expl in.
aE,rs ti c t;wility maintain adequate waste nlaria.�_3ernerit records.(vv(4emes of rzzanure, land appl.icd.
spray irrigated on specific acreage with cover crop)? Yes of o
Arirlirinnni (nrnmA.ntC'
Phone:
cc: Facility Assessment Unlit U se Attachments if Needed.
TOTAL. P.02

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03110J . ! •
. • r bi.
t t y
COMPLETEIN COMPLETE THiS SECTIONON DELIVERY
■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) r1lale of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse C. Signature
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, ❑ Agent
or on the front If space permits. X ❑ Addressee {
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: , 1 If YES, enter delivery address below: ❑ No i
MR JACKIE ELLIS
BONNIE'S BIRDS a`
1067 WELDON ROAD I
HENDERSON NC 27536
ENF.FRANKLIN C0.1119101.BT 3. service Type
❑ Certified Mail ❑ Express Mail
PC 00-080 ❑ Registered ❑ Ratum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article u (Copy from service label)
-012O�-- �'�� - 0�90 � 97
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-5789

State of North Carolina
Department of Environment .
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor NCDENR
Sherri Evans -Stanton, Secretary NORTH CAROLINA (DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 19, 2001
DIVISION OF WATER QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jackie Ellis
Bonnie's Birds
1067 Weldon Road
Henderson, North Carolina
SUBJECT: Assessment of Civil Penalties for
Violations of 15A NCAC 2H.0217
Franklin County
File No. PC 00-080
Dear Mr. Ellis:
This letter transmits notice of a civil penalty assessed against Bonnie's Birds in the
amount of $857.39 ( $500 + $357.39 enforcment costs). Attached is a copy of the document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
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 Lewis
Non Discharge Compliance Unit
NCDENR
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Bonnie's Birds
page 2
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a
waiver of your right to an administrative hearing and a stipulation that there are no factual or
legal issues in dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 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 Lewis
Non Discharge Compliance Unit
NCDENR
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will review the
information during a bimonthly enforcement conference and inform you of his decision in the
matter of the remission request. His response will provide details regarding case status,
directions for payment and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions. Please be advised that
the Committee cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
3. Submit a written request for an administrative hearing:

Bonnie's Birds
page 3
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 to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original
petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn, General Counsel
Department of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to
collect the penalty.
Please be advised that any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. If you have any questions about this
civil penalty assessment, please contact the Water Quality Section staff of the Raleigh
Regional Office at 919-571-4700.
Kenneth Schuster, F.E.
Water Quality Regional Supervisor
Raleigh Region
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of , 2Q
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF FRANKLIN
IN THE MATTER OF
JACKIE ELLISBONNIE'S BIRDS
FOR VIOLATION OF
G.S. 143-215.1 AND 15A NCAC 2H .0217
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-080
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
}
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, and the Director of the Division of Water Quality, I Kenneth Schuster,
P.E.,Regional Water Quality Supervisor, make the following:
I. FINDINGS OF FACT:
A. Jackie Ellis owns and operates Bonnie's Birds, a poultry operation in Franklin
County.
B. Bonnie's Birds was deemed permitted as a nondischarge facility on February 1,
1993 in accordance with 15A NCAC 2H .0217.
C. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H .0217. The CAWMP for
Bonnie's Birds states that in no instance should the volume of the waste stored in
the lagoon be within the 25- year, 24-hour storm storage or one foot of freeboard
except in the event of the 25-year, 24-hour storm.
D. The 25-year, 24-hour storm event for the facility's location is about seven (7) inches
according to National Weather Service, Technical paper 40, Rainfall Frequency
Atlas of the United States, 1961.
E. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoon for Bonnie's Birds shall
not exceed nineteen (19) inches.

Bonnies Birds
page 2
F. DWQ staff from the Raleigh Regional Office inspected Bonnie's Birds poultry farm
on August 14, 2000 and observed that the waste level in the lagoon was twelve (12)
inches which exceeded the level specified in the CAWMP.
G. The costs to the state of the enforcement procedures in this matter totaled 357.39.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Jackie EllisBonnie's Birds is a " person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The above cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H .0217 nondischarge
deemed permit and G.S. 143-215.1.
D. Jackie Ellis/Bonnie's Birds may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that not more than ten thousand dollars (S 10,000.00)
per violation may be assessed against a person who violates or fails to act in
accordance with terms, conditions, or requirements of a permit required by G.S.
143-215.1.
E. The State's enforcement costs in this matter may be assessed against Jackie
EllisBonnie's Birds pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Regional Water Quality Supervisor pursuant to the delegation provided by the
Director, Division of Water Quality, and the Secretary of the Department of
Environment and Natural Resources, 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:
Jackie EllisBonnie's Birds is hereby assessed a civil penalty of.

Bonnies Birds
page 3
$ 500.00 for failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP as required by 15A NACA 211.0217
$ TOTAL CIVIL PENALTY, Which is percent of the maximum
Penalty authorized by G.S. 143-215.6A.
$ 357.39 Enforcement costs
$— g 7 -If-TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the civil penalty I considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the state, to public health, or to
private property;
(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.
16( Date) Kenneth Schuster, P.E., Water Quality Supervisor
Raleigh Regional Office

Bonnies Birds
page 4
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (PC) Permit Condition Violation
Violator: Bonnie's Birds
1067 Weldon Road
Henderson, North Carolina 27536
Regional Office: Raleigh
The degree and extent of harm to the natural resources of the State, to public health, or to
private property resulting from the violation. None noted
2. The duration and gravity of the violation. Unknown
3. The effect on ground or surface water quantity or quality or on air quality. None noted
4. The cost of rectifying the damage. No environmental damage has been noted.
5. The amount of money saved by noncompliance. Only the amount that it would cost to land
apply wastewater at this operation.
6. Whether the violation was committed willfully or intentionally. Mr. Ellis stated that the
reason that the lagoon level was high was due to the fact that there were no birds on site and
that weather conditions had not allowed him to land apply. He stated that the fields had been
wet from recent rains and that he did not want to risk run off from the spray field.
7. The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority.
August 8, 1995 ----- Management Deficiency Notification
Freeboard level of only 10 inches
May 7, 1996------- Notice of Viol ation\Reco mmendation of Loss of Deemed Permit

Bonnies Birds
page 5
Freeboard level of only 4-6 inches in lagoon.
Discharge from pipe leak to waters of the State.
June 27, 1997-------- Notice of Deficiency
Freeboard level in lagoon of 14 inches
September 1, 2000------- Notice of ViolationlRecommendation To Enforce
Freeboard in lagoon 12 inches
8. The cost to the state of the enforcement procedures:
Buster Towell 8 Hrs.
$ 187.76
Ken Schuster 1 Hr.
37.39
Mileage
32.24
Administrative costs
$ 100.00
TOTAL COST:
$ 357.39
9. Type of violator: Poultry Farm, non layer operation
10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Mr. Ellis was very cooperative when the violation was explained to him during the initial
inspection. During the inspection hay had been cut but the ground was too wet to remove
the hay, and Mr. Ellis did not want to land apply wastewater on the spray field for fear of
possible run off, or for fear of applying too much nitrogen to hay that would be fed to
cattle.
11. Mitigating factors:
12. Assessment factors'
A.
IWC--NA
B.
Receiving stream ----- NA
C.
SOCUOC-------NA
D.
Copy of MP Screen ------- NA
E.
Copy of Limits Page ------ NA
F.
Damage ---------- None noted
CERTIFICATION:
I certify that the information in this report is true to the best of my knowledge.
Principal Investigator Date

Bonnies Birds
page 6
Division of Water Quality
December 4, 2000
MEMORANDUM
To: eff Poupart
Through: en Schuster
From: Buster Towell
Subject: Bonnie's Birds
Franklin County
Attached is an enforcement action for failure to maintain the proper level of freeboard in the
Bonnie's Birds waste lagoon. An annual inspection was conducted at the subject facility on
August 14, 2000. The inspection noted that the facility had been depopulated recently and that
the freeboard level in the lagoon was 12 inches. Mr. Albert (Jackie) Ellis was present during the
inspection and stated that he had not been to the operation recently because it had been
depopulated. Mr. Ellis indicated that he had no intentions of ever repopulating this facility and
that he would contact his local SWCD for assistance in developing a closure plan.
This facility has had problems in the past with maintainingg the required amount of freeboard
in the lagoon and has even had a discharge to waters of the State in 1996. The Raleigh regional
office recommends that the appropriate enforcement action be taken against Bonnie's Birds for
failure to follow its Certified Animal Waste Management Plan. Please contact Buster Towell if
additional information is required.

Bonnies Birds
page 4
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (PC) Permit Condition Violation
Violator: Bonnie's Birds
1067 Weldon Road
Henderson, North Carolina 27536
Regional Office: Raleigh
1. The degree and extent of harm to.the natural resources of the State, to public health, or to
private property resulting from the violation. None noted
2. The duration and gravity of the violation. Unknown
3. The effect on ground or surface water quantity or quality or on air quality. None noted
4. The cost of rectifying the damage. No environmental damage has been noted.
5. The amount of money saved by noncompliance. Only the amount that it would cost to land
apply wastewater at this operation.
6. Whether the violation was committed willfully or intentionally. Mr. Ellis stated that the
reason that the lagoon level was high was due to the fact that there were no birds on site and
that weather conditions had not allowed him to land apply. He stated that the fields had been
wet from recent rains and that he did not want to risk run off from the spray field.
7. The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority.
August 8, 1995 ----- Management Deficiency Notification
Freeboard level of only 10 inches
May 7, 1996------- Notice of Violation\Recommendation of Loss of Deemed Permit

Bonnies Birds
page 5
Freeboard level of only 4-6 inches in lagoon.
Discharge from pipe leak to waters of the State.
June 27, 1997-------- Notice of Deficiency
Freeboard level in lagoon of 14 inches
September 1, 2000------- Notice of Violationaecommendation To Enforce
Freeboard in lagoon 12 inches
8. The cost to the state of the enforcement procedures:
Buster Towelt 8 Hrs. $ 187.76
Ken Schuster 1 Hr. 37.39
Mileage 32.24
Administrative costs $ 100.00
TOTAL COST: $ 357.39
9. Type of violator. Poultry Farm, non layer operation
10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Mr. Ellis was very cooperative when the violation was explained to him during the initial
inspection. During the inspection hay had been cut but the ground was too wet to remove
the hay, and Mr. Ellis did not want to land apply wastewater on the spray field for fear of
possible run off, or for fear of applying too much nitrogen to hay that would be fed to
cattle.
11. Mitigating factors:
12. Assessment factors
A. IWC--NA
B. Receiving stream -----NA
C. SOCUOC------- NA
D. Copy of MP Screen ------- NA
E. Copy of Limits Page ------ NA
F. Damage ---------- None noted
CERTIFICATION:
I certify that the information in this report is true to the best of my knowledge.
.f , -
-- ,
r
Principal Investigator Date

Bonnies Birds
page 6
Division of Water Quality
December 4, 2000
►�i 16 3s_0!! J l
To: eff Poupart
Through: en Schuster
From: Buster Towell
Subject: Bonnie's Birds
Franklin County
Attached is an enforcement action for failure to maintain the proper level of freeboard in the
Bonnie's Birds waste lagoon. An annual inspection was conducted at the subject facility on
August 14, 2000. The inspection noted that the facility had been depopulated recently and that
the freeboard level in the lagoon was 12 inches. Mr. Albert (Jackie) Ellis was present during the
inspection and stated that he had not been to the operation recently because it had been
depopulated. Mr. Ellis indicated that he had no intentions of ever repopulating this facility and
that he would contact his local SWCD for assistance in developing a closure plan.
This facility has had problems in the past with maintainingg the required amount of freeboard
in the lagoon and has even had a discharge to waters of the State in 1996. The Raleigh regional
office recommends that the appropriate enforcement action be taken against Bonnie's Birds for
failure to follow its Certified Animal Waste Management Plan. Please contact Buster Towell if
additional information is required.

Violator: _ q 00 (+
'Si
1 ^A� S ]�,rA 5
County: �rTA j,v�, CA
Case Number: fr, 60 —624
ASSESS-N ENT'FACTOR
1) The degree and extent of harm.to the natural resources of the State, to the public health, or to
pr ate property resulting from the violation;
f significant ()moderately significant { }slgnlftcant
( )very significant ( )extremely significant
2) Th duration and gravity of the violation;
( not significant (')moderately significant ( )significant
( )very significant ( )extremely significant
3) T.1gk effect on ground or surface water quantity or quality or on air quality;
( not significant ( )moderately significant ( )significant
( )eery significant { )extremely significant
4) T cost of rectifying the damage;
( not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
5) The amount of money VMO
bynoncompliance;
)not significant derately significant ()siificant
{ )very significant ( )extremely significant
6) Wether the violation was committed willfully or intentionally;
qA
not significant { }moderately significant ( )significant
{ )very significant ( )extremely sig.*Iificant
7) e
rior record of the violator in complying or failing to comply with programs over which the
ntal Management Commission has regulatory authority; and
significant Omoderately significant ( )significant
( )very significant ( )extremely significant
8) Vno
osttothe State of the enforcement procedures.
t significant ( )moderately significant ( )significant
( )very significant ( )extremely siQnific t
4 2,01
Da
Water Qualitv Regional Supervisor
REMISSION FACTORS
O Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
() Whether the violator promptly abated continuing environmental damage resulting from the
violation;
(} Whether the violation was inadvertent or a result of an accident;
() Whether the violator had been assessed civil penalties for any previous violations; and
O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Date Kerr T. Stevens

JAMIEB'BHUNT JR.
��f;dVERNOR
:yi31LL HOL14AN -
SELRSTARY .
.,' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
September 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jackie Ellis
1067 Weldon Road
Henderson, North Carolina 27536
Subject: Notice of Violation
Recommendation To Enforce
Bonnies Birds
Facility # 3 5- 10
Franklin County
Dear Mr. Ellis:
RALEIGH REGIONAL.. OFFICE
On August 14, 2000, Mr. Buster Towel] of the Raleigh Regional Office
conducted an inspection at the subject poultry operation. The inspection revealed
the following violations of your Certified Animal Waste Management Plan:
Your waste lagoon had only 12 inches of freeboard, Your structure is required to
have a minimum freeboard level of at least 19 inches at all times.
Please complete the attached Plan of Action (POA) and return it to this Office
within 24 hours,
Your land application records indicated that bermuda grass received
applications of wastewater three (3) times in February of 2000. Your application
windows for bermuda is from April tl-zough September.
Please note that the above violations are violations of your Certified Animal Waste
Management Plan, and therefor are subject to civil penalties of up to $ 10,000.00
per day, per violation.
Please respond to this Notice in writing within fourteen days of your receipt.
The Raleigh Regional Office is considering an enforcement against you for the
above referenced violations of your CAWMP. If you have justification that these
violations were caused by circumstances or events beyond your control you should
include them with your response. Your response will be reviewed and forwarded to
the Director for his consideration. In the absence of any justification, the Direc
will proceed with the enforcement action.
MAILING ADDRESS: 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
LOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NC 27609
?NONE 91 9-57 ; -s700 FAX 91 9-57 1 -.171 a
AN EQUAL OPPORTUNITY / AGFLRMATIYE ACTION EMPLOYER - 50%p RECYCLFWIO?'.-11ST.IONSUMER PAPER

Mr. Jackie Ellis
Page 2
If you have any questions regarding this Notice please contact Buster Towell at [phone].
Sincerely,
X"--M
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: Franklin County Health Department
Ms. Kim York, Franklin Soil & Water Conservation District
Ms. Margaret O'Keefe, RRO-DSWC
DWQ Nondischarge Compliance Group
RRO Files

n o[So�l and Water Conser�atiott Cottupttance Inspection ,
of Water Quality ` Compliance Inspection
r -a,�� k
« OtherrA Inc - U eration Review r'-, s . ....'. '.. , '- �,1a �, ,, f a �;t �,,>vFr� .IN �.�,., ._,� .-........_ g.. :.-, �!._ F._i>'-w3...h St
Lo Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other
Facility Number Date of Inspection t tj
Time of nspection 1 7736 24 hr. (hh.mm)
0 Permitted Certified ❑ Conditionally Certified ❑ Registered Not Operational Date Last Operated: j�/.(.,.............
1 . . n l f ! County: .................................
Farm Name: .........................................................................................................
OwnerName:................................. I ............. - Phone No: ......................................................................................
Facility Contact: 17.i? `'.. . Title: phone No: ..........: ........................................
Mailing Address:
OnsiteRepresentative:..................................................................... integrator:......................................................................................
Certified Operator:.....:..'..:::'..:..'.......f:...:......'...::........................................................ Operator Certification Number..........................................
Location of Farm:
........................................................................................................................................................................................:....................'.........................................I.......
............................................... -....... ............... ......... ................. ................................... ........... ........ ................. -....... ......... ........... ....... ...... .... —
LatitudeG Longitude
Design Current Design Current Design Current
Swine Capacity Population poultry Capacity Population Cattle Capacity Population
❑ Wean to Feeder ❑ Layer❑ Dairy
❑ Feeder to Finish on -Layer t ) ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other .
Farrow to Finish Total Design Capacity
❑ Giits
❑ Boars Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Tm acts
1. Is any discharge observed from any part of the operation?. ❑ Yes ❑.No
Discharge originated at: ❑ Lagoon ❑ Spray Fieid ❑ Other
a. If discharge is observed, was the conveyance man-made? Cl Yes PIK)
b. li'discharge is observed, did it reach Witter of the State? (lf yes, notify DWQ) ❑ Yes Q
c. If discharge is Observed, What iS the estimated flow in gal/min?
d. Does discharge bypass a Iagoun system? (II'yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation'!
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? [I Spillway
Structure I StRICU11-e 2 Structure 3 SiruCturc 4 Nmicture
❑ Yeso
❑ Yes 0<O ,
❑ Yes Y ""
es ❑ No
Structure 6
[�untiiicr: �I.
Frccboard linch4sl: L` ...........- ..................
5. Are there anv immediate threats to the integrity of any of the structures observed? (ici trees. severe erosion. ❑ vey ��
1) i1 f seepage, etc.}
3/23/9
4 �i' Continued on back

See pa,c, etc.)
Are there structures on -site which arc not properly addressod and/or managed through a waste m; naygement or
closure plan?
(if any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/irnprovetnem ?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level
elevation markings'?
Wilste NP121icatiOn
10. Are there any buffers that need main tenancelimprove ment?
1 1. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
I?. Crop type t���.-0;�,. ._.. ..... _
13. Do the receiving crops differ with those designated in the Certified Animal Waste Mana-ement Plan (CAWMP)'.
14. a) Dries the facility lack adequate acreage for land application''
b) Does the facility need a wettable acre determination''
c) This facility is pended for a wettable acre determination'?
15. Does the receiving crop need improvement.'
16. Is there it lack of adequate waste application equipment!
Required Rucords & Doc•trmcnt,s
IT Fail to have Ccrtiticate ofCuverac=e & General Permit readily available:'
the facitity fail to have all components
poents of the Certified Animal Waste Management Plan readily available:'
XUP. chccklists. {lesign. maps. cw.)
record kecpinz need improvement? fic/ irri_-ation. frcehoard, waste analysis 8 soil sample reports)
_ .:, [acility not in cuttlpliance with ctnv applicable setback criteria in effect at the time ol'desiLyzn?
31. Did the facility fail to have a .ictivcly certified operator in charge:'
22. Fail to notify regiirnal DWQ of ante cnc+ situatirns as required by General Pernli ?
Oe/ discharue. frcehoard pro hlems, liver csPplicatiun)
23. Did Reviewed]nspcctor fail to discuss review/inspection with on -site rcprescntattve?
24. Does facility require a follow-up visit by same agcnev"
'_5. Were any idditionul problems noted which cause noncorripliancc of the Certified AWMP?
Ilk
❑ Yes ❑41ro '
1�
Yes ❑ No
❑ Yes ET<0
❑ Yes J`' "o
Yes', fo
❑ Yes No
❑ Yes 12-No
f
❑ Yes ErNo
❑ Yes �No
❑ Yes a
❑ Yes ETNo
❑ Yes
❑ Yes . o
❑ Yes,,. ' O
'01res ❑❑ Now
❑ Yes 0
❑ Yes LIN6l
1 f �.
es
❑ Yes.
❑ Yes R-.Ko
❑ Yeses No
0: �"�,v-vioiafi6ris'et. deficiencies •mere noted dii-fitig-tliis:visit.' Yni► :w:i>i! receive iio: lfui-th& .j
corresia�ndence. aback this :visit....... , .:. ' . � ... .. .
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
�" � � � ,i:r r-• J"
M
Reviewer/inspector Name
M
Reviewer/lnspecUrr:�itinahrrr:-r'�. --� Date: / 51O0

Y
it Issues
',5. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes No
liquid level of lagoon or storage pond with no agitation?
27, Are there any dead animals not disposed of properly within 24 hours? ❑ Yes kj No
i 28, Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ElYes ET-No
roads, building structure, and/or public property)
29, Is the land application spray system intake not located near the liquid surface of the lagoon? E3 Yes to
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes 0<0
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes 0.1go
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Ye,-[JJNo
_ trouaT.
ssomments an: ors_ rawvigs:,; a. , w fir:
J

State of North Carolina'T L
Department of Environment, If 9 Health and Natural Resources 1 •
Raleigh Regional Office
James B, B. H Governor IDEEHNF;Z
Jonathan B. Howes, Secretary
Division of Water Quality
June 27, 1997
Mr. Albert Ellis
1067 Weldon Road
Henderson, North Carolina 27536
Subject: Notice of Deficiency
Bonnie's Birds
Facility # 35-10
Franklin County
Dear Mr. Ellis:
..A
On June 11, 1997, Mr. Buster Towell from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
operation. This inspection is a part of the Divisi-on's effort to
determine compliance with the State's Animal Waste Management
Regulations.
Mr. Towell's site visit determined that wastewater from your
facility was not actively discharging to the surface waters of the
State, nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed. However, as a result of the inspection, the following
deficiency was observed:
Your waste lagoon had only 14 inches of freeboard which is less
than the amount required. Animal waste lagoons are required to
maintain enough freeboard so that no discharge of wastewater will
occur to waters of the State during any rainfall event less severe
than a 25 year\24 hour storm.
The above matters should be addressed to prevent the possibility of
an illegal discharge. Please respond to this Notice within 30 days
of receipt. You should include in your response the actions that
you will take to address these deficiencies.
3800 Barrett Drive, Suite 101, 4* FAX [phone] a
raleign. (~forth Carolina 27649 %.n Equal Oppor'unity Atirrnative r-.r;ior, Employer
Voice 919-571-4700 11% C 50% recycled/ i0°o post -consumer paper

Mr: Albert Ellis
Page 2
This office would like to remind you that you are required to
submit an approved animal waste management plan by- December 3.1,
1997, or you may choose to submit a closure plan for this facility.
These plans must be Certified by a Designated Technical Specialist
or a licensed Professional Engineer. For a listing -of _.c.ertitied
technical specialists or assistance with your waste management plan
you should contact your local Soil and Water Conservation District
Office.
The Raleigh Regional Office appreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Buster Towell at [phone].
Sincerely,,
L-- Kenneth Schuster, P.E.
!Regional Supervisor
cc: Franklin County Health
Ms. Kim York, Franklin
Conservation District
Ms. Margaret O'Keefe,
DWQ Compliance Group
RRO Files
NOD\35-10
Department
Soil and Water
DSWC--RRO

❑ =V:nimal
C Animal Feedlot Operation Review
Feedlot Operation Site Inspection
v wmpiamr " rnitow-up ni uwt1 inspection U Nnllow-up of DSWC review O Other
Date of Inspection
Facility Number 0
Time of Inspection 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: M `"s'stered ❑ Applied for Permit (ex:1.25 for 1 hr 15 min)) Spent on Review C r�
❑ Certified ❑ Permitted or Inspection includes travel and processing)
❑ Not Operational Date Last Operated: ................................................................................................. . ............................... . .
ra
Farm Name:..U..f -� rt. (� S 6 . z e)- J
y..�.............................._................-.-......._.....-.................._..-............... Couiih':.........-...................:%..:..!.._........._.... .....................
Land Owner Name: 1 r t �-__....._...•/� �?
........................... Phone No:.....! 1....._�1Z — J
..--.../..............................................._.........-.-..-.._zj
.......-....... ......--..
Facility Conctact:.....
.��.-��.......L..�1..!..._5.................... Title:............................_-................. Phone No:...................................
.............
NlailingAddress:�.-.•,:.�••L.Y�(.c�'ih:.� /' ei_iClt ,2/ ¢'�j J
Onsite Representative: 1-_...."E-./......<<.��:....a................-......................................Integrator:...(..T._::�..�,:._�.........-
................................
Certified Operator: ......ti.. f C/� . Operator Certification Number: ......................................
Location ofForm: 57/Z j4yl3
Latitude =* 0` =" Longitude 0• =• 0..
type of Operation and Design Capacity
Swore .Design Current Design , Current ' Design Current
r - Ca aci Po'ulation Poultry Ca achy Po elation Cattle
❑ Wean to Feeder Ca achy Po elation'
I❑ Layer ❑ Dairy
El Feeder to Finish n-La erILJ — d ❑ Non -Dar
Farrow to Wean.
IEJ Farrow to Feeder #
Total Design,. Capacity
Irl Farrow to Finish _
To❑ Other otal SSLW
Number of ag000s Holding Ponils'� ❑ Subsurface Drains Present `
a FEI Lagoon Area ❑Spray Field Area
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (if yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
4/30/97 maintenance/improvement?
❑ Yes ,E No
❑ Yes No
i
❑ Yes ErNo
❑ Yes ,E ENO
❑Yes%U No
❑ Yes O info
i-
❑ Yes ❑l No,-'-
❑ Yes II No
Continuer/ on back

Is facility not in compliance with any applicable setback criteria in effect at the time of design'?
7. Did the facility fail to have a certified operator in responsible charge?
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structure. (Lagoons and/or Holding Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure I Structure 2 Structure 3
�.y "....... ............................ ............................
Stntcture 4
❑ Yes
❑' 0
❑ Yes
t/o
❑ Yes
0'No
Elles; ❑ No
Structure S Structure 6
10.
Is seepage observed from any of the structures?
❑ Yes
No
1 1.
Is erosion, or any other threats to the integrity of any of the structures observed?
❑ Yes
12.
Do any of the structures need maintenance/improvement?
❑ Yes
ENo/
(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'?
No
Waste Application
14.
Is there physical evidence of over application?
❑ Yes
❑ No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
...............................................................
Crop type.!. ...c/..:' " f�� . f...................................
lb.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (A1 P)?
❑ Yes
❑ No
17.
Does the facility have a lack of adequate acreage for land application?
❑ Yes
, o
l 8.
Does the receiving crop need improvement?
❑ Yes
©"3o
19.
Is there a lack of available waste application equipment?
❑ Yes
o
20.
Does facility, require a follow-up visit by same agency?
❑Yes
lTo
21.
Did Reviewer./Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
❑ No
For
Certified Facilities dijik:'
22.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
- ❑ No
23.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
24.
Does record keeping need improvement?
❑ Yes
❑ No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
-1 10 % /_A .5 fr.c_ :
4
l f''!�t l' L r �(•t/ y Cf r .� - f 7 I T ��` �J . �) C�s� C��7a�' i~Gr ..�' �f?� �I.'.
Reviewer/Inspector Name
Re-Oewer/Inspector Signature: / Gy.(i� �; -�t �r� Date: L, - .y
cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97

Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date: 3 2 4lp
Time: V, 30
General Information:
Farm Name; s 1) � / � ' `s rd s County: f�g Nk l :. ,
Owner Name: X}) 6, + 1- I' i_S _ Phone No:_ 9'72 - 130
On Site Representative: Integrator:
Mailing Address:_ I�11 t 1 16Qx 7q!j
/. L
Physical Address/Location: 10 N of Za., l's r _ _ 6 -__ _y o 1. I e F4 e,J ra 11 j e W this„
Latitude: "3 L..1_I O Longitude:_/ 1 /�
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Tgwof Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow U Laver SD 061 0 Dairy
❑ Nursery ❑ Non -Layer ❑ Beef
❑ Feeder
OtherType of Livestock Number of Animals:
Number of Lagoons:(include in the Drawings and Observations the freeboard of each lagoon)
Facility Inspection:
Lagoon
Is Iagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?:
Is seepage observed from the lagoon?:
Is erosion observed?:
Is any discharge observed?
G Man-made ❑ Not Man-made
Cover Crop
Does the facility need more acreage for spraying?:
Does the cover crop need improvement?-
( list the crops which need improvement)
Crop type:
Acreage:
Yes h(
No ❑
Yes ❑
No ❑
Yes ❑
No a
Yes Cat'
No ❑
Yes ❑ No C%K
Yes ❑ No Q"'
Setback Criteria
Is a dwelling located within 200 feet of waste application? Yes Cl . No Efr
Is a well located within 100 feet of waste application? Yes ❑ No C�'
Is animal waste stockpiled within 100 feet of LUSGS Blue Line Stream? Yes ❑ No
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes Ct No C-t'
AOt -- January 17,1996

• it++�r«GI1 [11iLG
Does the facility maintenance need improvement? Yes Ca-'- No ❑
Is there evidence of past discharge from any part of the operation? Yes CR" No ❑
Does record keeping need improvement? Yes ❑ No ❑ IJ1 4
Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes ❑ No ❑ Atli+
Explain any Yes answers:_ L ct 1 O-Aj _ 1 s %et k i l a %a_T_
Signature: /
cc: Facility Assessment Unit
Drawines or Observations:
oar
Date-, 2Q
Use Attachments if Needed
)619 6IJ ®.SO P
L
AOI -- January 17.1996

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
Ailo
1D-1HHNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
May.:.7., •.19 9 6
RETURN RECEIPT REQUESTED
Mr. Albert Ellis
PO Box 173
Henderson, NC 27536
Subject: Notice of Violation
Recommendation of Loss of Deemed Permit
Bonnie's Birds
Facility 35-10
Franklin County
Dear Mr. Ellis:
On March 29, 1996, Mr. Charles Alvarez of the Raleigh Regional
Office conducted a inspection of the subject facility. This
inspection is a part of the Division's efforts- to determine
potential problems associated with liquid waste storage and
disposal systems from confined animal operations. The inspection
revealed that:
1. Waste was surfacing from an area near an influent pipe to
the lagoon. The waste ran downhill to a stream coming from
a beaver pond which is an unnamed tributary to Flatrock
Creek classified as B-NSW in the Tar River'Basin.
2. The freeboard in the lagoon was less than the required
19 inches. Actual freeboard was approximately 4-6 inches.
3. No waste application equipment was seen on the site.
Animal operations in the State have been deemed permitted by the
Division in accordance with Title 15A of the North Carolina
Administrative Code, 2H, Rule .0217. An individual nondischarge
permit is not required if certain critieria are met. A major
requirement to be deemed permittted is that there must not be a
discharge of any wastewater from the operation to the waters of the
State.
This Office is issuing you this Notice of Violation regarding this
matter, and''you are hereby required to immediately eliminate the
illegal discharge which is subject to a fine of $10,000.00 per day,
oer violation.
3800 Barrett Drive, Suite 101, W1r FAX [phone]
Raleigh, North Carolina 27609 ,VfV C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 N50% recycled/10% post -consumer paper

Please respond in writing to this Notice no later than 10 days of
receipt of this letter, detailing your actions to permanently
eliminate the discharge from your animal facility. You should also
seek assistance in the development of the required waste management
plan and report any progress made thus far. For assistance in this
matter you should contact your local:Natural -Resource Conservation
District Office or any liscensed Professional Engineer.
This office may recommend to,the D r.ector-of:-the Diuitsion-.:that"-the
deemed permittted status of this facility be revoked. The Director
will also consider whether a civil penalty is warranted for the
unpermitted discharge to surface waters.
If you have any questions or if this office may be of assistance,
please contact Mr. Charles Alvarez at 919/571-4700.
ATTACHMENTS
cc: Franklin' County Soil &
Franklin County Health
Steve Bennett - DSWC
Facilities Assessment
Sincerely,
�e�n—neth—lSchu-sater, P.E.
Regional Supervisor
Water Conservation District
Department
unit

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Boyce A, Hudson, Regional Manager
IL "" WA
A&I471ro)i
MOO
�EHNF�
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 8, 1995
Mr. Albert Ellis
Route 1, Box 399
Henderson, North Carolina 27536
Subject: Management Deficiency Notification
Swine Operation
State Road 1403
Franklin County
Dear Mr. Ellis:
On July 24, 1995, Mr. Danny Smith from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
facility. This inspection is, part of the Division's efforts -to
determine potential problems associated with liquid waste disposal
systems.
Mr. Smith's site visit determined that wastewater from your
facility was not discharging to the surface waters of the state.
Nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed.
However, as a result of the inspection, the following
deficiencies were observed:
-Your lagoon had an insufficient freeboard level of 10
inches. This problem should receive prompt attention. Properly
functioning lagoons should have at least 19 inches of
freeboard.
-It was noted that you had inadequate cover crop and that
there appeared to be a lack of spraying equipment on site.
These deficiencies must be addressed promptly.
-There was also evidence of past discharges from your lagoon.
Immediate efforts should be made to correct this problem,
'ITn'-a.ddition to continued waste facility management, these
deficiencies must be immediately addressed to help prevent the
possibility of an illegal discharge.
3&)0 Barrett Dmre, Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W%recycled/ 10% poet-cansaner paper

Albert Ellis
Management Deficiency Notification
Page 2
The Raleigh Regional Office will require a written response to the
aforementioned issues within 30 days of receipt of this letter. You.
should specifically address how you plan to correct these problems
and submit a schedule (with dates) stating when these management
deficiencies will be corrected.'
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facilities. The Division of
Environmental Management is required to enforce water quality
regulations in order to protect the natural resources of the State.
Accordingly, illegal discharges of wastewater to surface waters of
the State are subject to the assessment of civil penalties of up to
$10,000 per day, and may also result in the loss of deemed
permitted status, requiring immediate submission of a waste
management plan.
This office would also like to take this opportunity to remind
you that you are required to have an approved animal waste
management plan by' December 1997. This plan must be Certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists'or assistance with your
waste management plan you should contact your -local Soil and Water
Conservation District.
The Raleigh Regional Office appreciates your cooperation in
this matter. If you have any questions regarding your inspection
please call Danny Smith at [phone].
Sincerely,
Kenneth Schuster, P. E.
Regional Supervisor
Ids
H:\animdn
cc: Franklin County Health Department
Franklin County Soil and Water Conservation District
Steve Bennett - Regional Coordinator, Division of Soil and
Water Conservation

Site Requires Immediate Aqcn6or,
Facility No.�
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS S VISITATION RECORD
DATE: ��G r , 1995
Time:
Farm Name/Owner:
Mailing Address:
County: f-r-
Integrator:
On Site Representative:
Physical Add_iess/Locadon:
Phone: _ 47:2_2 / 2
Type of Operation: Swine Poultry -:z__ ' Cattle —
Design Capacity:Number of Animals on Site:
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: - ' Z U Longitude: Elevation: f�/,Q Feet
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes orLNy Actual Freeboard: Tit. _� Inches
Was any seepage observed from the lagoo n(s)? Yes or Was any erosion observed? Yes or
Is adequate laud available for spray? Yes ` r No 1s the cover'crop adequate? Yes orto, >
Crops) being utilized: _
Does the facility meet SCS minimum setback criteria'? 200 Feet from Dwellings?�9s or No
100 Feet from Wells? or No
.� e anirnal waste stockpiled within 100 Feet of USGS Blue Line Stream' ? Yes or
anjinal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or CO
T� animal waste discharged into waters o tine state by inan-made ditch, flushinz syswiu, or L)ther
;itT;ilar man-made de,%� ees? Yes No/ li: Y-,;s, Pleas,- Exphlin.
a+,cs tot facility maintain adequate waste matiagerucur records (volumes or manure, land applied.
spray irrigated on specific acreage with cover crap.)'? Yes or vo
Additional Comments_
S
cc: Facility Assessment Unit Use Attachments if Needed.
TOTHL F.b2'

Violator: ,1z
{t3 ba-n6'd-s %'r
county: 4Im�,
Case dumber: W, (36 �O
A SESSNIENITACTOR
1) The degree and extent of harm.to the natural resources of the State, to the public health, or to
pr ate property resulting from the violation;
( not significant { )moderately significant { )significant
( )very significant ( )extremely significant
2) Th duration and gravity of the violation;
( not significant (')moderately significant ( )significant
( )very significant ( )extremely significant
3) T effect on ground or surface tivater quantity or quality or on air quality;
( not significant ( )moderately significant ( )significant
( )very significant { )extremely significant
4) T cast of rectifying the damage;
( not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
5) The amount of money Umoce.lately
by noncompliance;
)not significant significant { )significant
{ )very significant ( )extremely significant
6) W ether the violation was committed willfully or intentionally;
not significant ( )moderately significant (}significant
( )very significant { )extremely significant
1) The riar record of the violator in complying or failing to comply with programs over which the
En ironmental Management Commission has regulatory authority; and
not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
$) Vn
ostt❑the State of the enforcement procedures.
tosignificant ( )moderately significant ( )significant
( )very significant ( )extrem2
ely signific t
q V61
Da
Water Quality Regional Supervisor
ti115TON FACTORS
{ } Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
(} Whether the violator promptly abated continuing environmental damage resulting from the
violation;
O Whether the violation was inadvertent or a result of an accident;
() Whether the violator had been assessed civil penalties for any previous violations; and
O "VVhether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Date
Kerr T. Stevens

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND .NATURAL RESOURCES
FZALrLIGH REGIONAL OFFICE
Division of Water.Quality
YNT JR.',: September 1, 2000
OVERNOR
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
'BILL HOLMAN
SZCT?NARY
.4 .
Mr. Jackie Ellis
1067 Weldon Road
Henderson, North Carolina 27536
v.
n"
Subject: Notice of Violation
Recommendation To Enforce
14
Bonnies Birds
Facility # 35- 10
Franklin County
Dear Mr. Ellis:
On August 14, 2000, Mr. Buster Towel] of the Raleigh Regional Office
conducted an inspection at the subject poultry operation. The inspection revealed
the following violations of your Certified Animal Waste Management Plan:
Your waste lagoon had only 12 inches of freeboard. Your structure is required to
have a minimum freeboard level of at least 19 inches at all times.
Please complete the attached Plan of Action (POA) and return it to this Office
within 24 hours.
Your land application records indicated that bermuda grass received
applications of wastewater three (3) times in February of 2000, Your application
windows for bermuda is from April through September.
I Please note that the above violations are violations of your Certified Animal Waste
Management Plan, and therefor are subject to civil penalties of up to S 10,000.00
per day, per violation.
Please respond to this Notice in writing within
3 w thin fourteen days of your receipt.
The Raleigh Regional Office is considering an enforcement against you for the
above referenced violations of.your CAWMP. If you have justification that these
violations were caused by circumstances or events beyond your control you should
include them with your response. Your response will be reviewed and forwarded to
the Director for his consideration. In the absence of any justification, the Direct—".
will with the enforcement action.
proceed
MAILING ADDRESS: 1 628 MAIL SERVICE CENTER, RALEfGH, NORTH CAROLINA 27699-1 628
LOCATION: 3800 BARRETT DRIVE, SUITF: 101, RALEiaH. NC 27609
PHONE 91 9-S71-4700 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% HFCYCLED/10% —)ST-CONSUMER PAPER

:.l
Mr. Jackie Ellis
Page 2
If you have any questions regarding this Notice please contact Buster Towell at [phone].
Sincerely,
Lm
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: Franklin County Health Department
Ms. Kim York, Franklin Soil & Water Conservation District
Ms. Margaret O'Keefe, RRO-DSWC
DWQ Nondischarge Compliance Group
RRO Files

Soil and �WaterwConservation - Operation Revtew
Sail and Water Corset vatioa - CompLance Inspection
Water. Quality Compliance Inspection nth x a
ley Operation Revtew'
WRoutine 0 Complaint Q follow-up of DWQ inspection Q Follow-up of DSWC review O Other J
Facility Number _ , i �} Date of Inspection `( 0 D
r' Time of Inslection / -� is 24 hr. (hh:mm)
❑ Permitted Certified ❑ Conditionally Certified ❑ Registered Not O erational Date Last Operated:
Farm Name '.13..�.."� ? County ........r:.?"`..`~.J.......................................................
...........................................................................................I... r t .
Owner Name: Jn c l.�r.�:�...!..'..t. C/I:.r Phone No :.............. ........... ........................................ ......................
Facility Contact: 5 `^ ..Title: Phone No:
Mailing Address:
OnsiteRepresentative: ........................................................................................................... Intel;rator:................................... .......................... I ...... ..................
Certified Operator: !: " ' .:'....r.......................................................... Operator Certification Number:......,...................................
Location of Farm:
.. .... .... .. .... ... .. ... ... ... ............. .............. -
Latitude �• 0' 11 Longitude `��� • r �� '
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
[]Wean to Feeder 10 Layer I ❑ Dairy
❑ Feeder to Finish ❑,flon-Layer It ) ❑Nan Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑Other
Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total SSLW
Number of Lagoons ❑ Subsurface Drains present ❑ LaRon. Area ❑ SprayField Area
Holding:Ponds / Solid Traps ❑ tINo Liquid Waste Management
DischarZes & Stream Impacis
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water ot'the State". (Yves, rotily DWQ)
c. If discharge is observed, what is the estimated flow in gal/min'?
d. Does discharge bypass a lagoon system:' (If ,vcs, notify DWQ)
2. Is there evidence of past discharge from any part of the operation'?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway
❑ Yes ❑.No
❑ Yes Y "oJ
❑ Yes ird'o f
❑ Yes
El Yes o J
❑ Yes Y ""
es ❑ No
Structure I Structure ? Structure 3 Structure 4 StrucwrQ 5 .•.Structure 6
I'don6hcr:
Freeboard (inches): _z'
5. Are there any immediate threats to the integ*rity of any of the structures ohserved'? (ic/ trees, severe erosion, ❑ Yes
seepage, etc.)
3/23/99L �-�. f/ Continued on back
l{ t L

,e Ihere arty immediate tlircnts rii the irilu rile 01':LII • 01' 111 struclure" obsol-ved:' tic/ bees. scvcre erosion,
❑ Yes
❑ No
scepagc. ele.)
Arc tlicrc structures on -site which are nut properly add[-Cssed and/or mana,cil Iltri,uch a watit4 mana`.:cmcnt or
Yes
04o�
Closure plan"
❑
{If any of questions 4-6 was answered yes, and (lie situation poses an
immediate public health or environmental threat, notify DWQ)
7,
Do any of the structures need maintenance/iniprovemcrit?
0 Yes
❑ No
R.
Dues anv part of the waste mana-crnent system other than waste structures require maintenance/improvenie tit?
❑ Yes
9.
Do any stuctures lack adcclriate, ganged markers with required maxitT3utn and niininTum liquid level
elevation niarkim'.S"
❑ Yes
0
Waste
Application
10.
Are there any buffers that need ni.iintenancc/impmvernerrt:'
❑ •Yes
:::[] 1Sfo. ,..
1 I.
Is there evidence of over application'? ❑ P-reesslve Ponllntr ❑ Pr�r�€ ❑ Hyrlraulrc O�erlc�.ttl
❑Yes
No
12.
Crop type
13,
Do the receiving Crops dil't'er with those designated in the CCI-tificd Aninial Waste ivtana4oemcni Plan (CAWMP)'?
❑ Yes
,❑-No
deuate acreage for land applico
tile '
€?
Yes
Nak
o}DeId.
h) Does the Facility need a wettable acre determination'?
❑ Yes
No --
cl This faciIliv is peuded for a wettable acre determination?
❑ Yes
n
15.
Does the rcccivine crop need improvement?
❑ Yes
QTNn
16.
Is there a lack crl'tidequLite waste application equiprtient?
❑ Yes
o
Rec uired Rc•corrds t dl,rerrnienle
17. pail to have Crrtillcate cal-Covera�,c & General Perniit readily available? ❑Yes r o
•s the Iacility fail to have all coniponents cif the Certified Animal Waste Manaecmcnl Plan readily uvaiiahlc"
.VUR checklists. design, maps. cic.) ❑ Yeses. o
record keeping need iniprovunieni? (ie/ irrivation, 1'reehoard. waste analysis c soil sample reports) ❑ No
(acility not in compliance with any applicable scthack criteria in effect at the tinic ofdcsign? ❑ Yes o
21. Did the facility Dail to have a actively Ccrtil'ied operator in'c:hargc" ❑ Yes
22. Fail Io notify rcgiunai D`VQ uF enicr«enC',' ,,itu.uions as required by General Permit? !
(ic/ dischar4ee. Frcchoard prohicros, over :tpplication i s o0
23. Did Reviewer/inspector fail to dISCtI5S rcvicw/inspcetion with on-,itC rcprescntauve? i❑ Yes "El Ko
24. DOCS facility require a follow-up visit by same Lioc:ncv? ❑ Yes ETKo
25. Were any Iddilinnal pruhlcros noted which Cause noncompliance ol'thc C crtificd AWMI"? ❑ Yes .- No
0; Nb-viol;ati6tis:oj . dcliciencicti . i.er- , noted- during this; visit; • Y:t}it will •reeeiye fid further: - : .
�orcesn�riderrce:ahirut:#hiti .. : :' : :'
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
r>
t i / r .✓" G't e — /r j�''Z.. L`3 r ._' �,. ? / r ;' r ? -Cc'-U
1 n '� I..i , "'. I ' �r i j.r v. �',a -�-:r` i- L �' � • .� T , rr�L. J�. I% "• - � 1 �. L✓_ .,. �-L.t,`. 3"-
. I
Reviewer/Inspector Name
Reviewer/inspector Si -nature.
i
Date: .5/00

tity Jj lumber: /-i _ Date of Inspection
;r Issues
,6. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application'? (i.e_ residue on neighboring vegetation, asphalt,
roads, building: structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon'?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32..Do.the flush.tanks lack a submerged fill pipe or a permanent/temporary cover'?
❑ Yes No
❑ Yes Wo
❑ Yes No
❑ Yes, _ Io
❑ Yes Islo Y
❑ Yes ❑-No
❑ Yes—iff�o '
'bona-omments,an
at• wawtngs �� .. ,, i
'<. x �
� � ��� �; �a�, ' u �,!
:;+,;>
.�;•• ��.�
7

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A79�A
�o
1DEHNR
Division of Water Quality
June 27, 1997
Mr. Albert Ellis
1067 Weldon Road
Henderson, North Carolina 27,536
Subject: Notice of Deficiency
Bonnie's Birds
Facility # 35-10
Franklin County
Dear Mr. Ellis:
t.4
On June 11, 1997, Mr. Buster Towell from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
operation. This inspection is a part of the Division's effort to
determine compliance with the State's Animal Waste Management
Regulations.
Mr. Towell's site visit determined that wastewater from your
facility was not actively discharging to the surface waters of the
State, nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed. However, as a result of the inspection, the following
deficiency was observed:
Your waste lagoon had only 14 inches of freeboard which is less
than the amount required. Animal waste lagoons are required to
maintain enough freeboard so that no discharge of wastewater will
occur to waters of the State during any rainfall event less severe
than a 25 year\24 hour storm.
The above matters should be addressed to prevent the possibility of
an'illegal discharge. Please respond to this Notice within 30 days
of receipt. You should include in your response the actions that
you will take to address these deficiencies.
3$00 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 IN d C An Equal Opportunity Affirmative F,cfion Employer
Voice 919-571-4700 50% recycles!/10% post -consumer paper

Mr: Albert Ellis
Page 2
This office would like to remind you that you are required to
submit an approved animal waste_ management plan. by ,Dec ember:;3.1,
1997, or you may choose to submit a closure plan for this facility.
These plans must be Certified by a Designated Technical Specialist
or a licensed Professional Engineer. For a. listina •of,-,,-certi-f•ied-
techriical specialists or assistance with your waste management plan
you should contact your local Soil and Water Conservation District
Office.
The Raleigh Regional Office appreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Buster Towell at [phone].
�~+ Sincerely,_
L - Kenneth Schuster, P.E.
/ Regional Supervisor
cc: Franklin County Health
Ms. Kim York, Franklin
Conservation District
Ms. Margaret O'Keefe,
DWQ Compliance Group
RRO Files
NOD\35-10
Department
Soil and Water
DSWC--RRO

❑ D C Animal Feedlot Operation Review
DWQAnimal Feedlot Operation Site Inspection
Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review
Number
Facility 3 _j- �--�d
Date of Inspection
Time of Inspection 24 hr. (hh:mm)
Total Time (in fraction of hours
(arm Status: Registered El Applied for Permit
❑ Certified ❑ Permitted
(ex:L25 for 1 hr 15 min)) Spent on Review FT-C r.
or Inspection (includes travel and processing)
❑ Not Operational Date Last Operated: ................................................................................................................................................
rr,,.....
FarmName:..L.E:�?.:._........._(..:.'2...`.:........................................................
County: ..... ...! A" ..:.. ........................................................
LandOwner Name:.C�.........I.. ✓ f L /l s
.........................................................................................
�/ 7
Phone No:..................................................... . ..............................
Facility Contract: ..... ..��.!!c�..f.....:..�d..._5.................... Title:................................................
Phone No:..........................................................
Mailing Address: .........�.......... �''............ erS c'h
` ....LL.... ............................._
..(....:........2.2.7�..11............................ ....... —._ ..........................
Onsite Representative: f)..., .� x-,/,,,,..� ,//•..... .......................................................
Integrator: ✓S.':. i /
Certified Operator: _n �_b, y„; L /� F
........................................................................................
Operator Certification Number:.......................................-.
Location of Farm: > 2 /4,/
Latitude =*=' =" Longitude 0• =. 0,.
Type of Operation and Design Capacity
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at ❑ Lagoon ❑ Spray field [-]Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
C. If discharge is observed, what is the estimated flow in gal/min?
d. ,Does discharge bypass a lagoon system? (Ifyes, notiIfy�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 lagoonsiholding ponds) require
4/30/97 maintenance/improvement?
❑ Yes Z No
❑ Yes No
❑ Yes No
❑ Yes No
❑ Yes❑ No
❑ Yes (�NO
❑ Yes N/
❑ Yes ErNo
Continued on hack

Is facility not in compliance with any applicable setback criteria in effect at the time of design'?
❑ Yes
0-5o
7. Did the facility fail to have a certified operator in responsible charge?
❑ Yes
2<0
8. Are there lagoons or storage ponds on site which need to be properly closed?
❑ Yes
L o
Structures LaR ons and/or Holdinf Ponds
9. Is storage capacity (freeboard plus storm storage) less than adequate'?
G-Y s
❑ No
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Structure 6
1..y..`. °....... ............................ ............................ ............................. ............................
............................
10. Is seepage observed from any of the structures?
❑ Yes'
014o
11. is erosion, or any other threats to the integrity of any of the structures observed?
❑ Yes
,. o
12. Do any of the structures need maintenance/improvement?
❑ Yes
r No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Yes
❑ No
Waste ADDlication
14. Is there physical evidence of over application? ❑ Yes ❑ No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ... . L JG?.ia:.. .%..1:: �..:f. j,P ' +�c%....'..'`....r'V......................................... ..............................................
I& Do the receiving crops differ with those designated in the Animal Waste Management Plan (AW vIP)? ❑ Yes ❑ No
r'I c f ��� _
17. Does the facility have a lack of adequate acreage for land application? ElYes Ei o
IS.
Does the receiving crop need improvement?
❑ Yes
N'o
19.
Is there a lack of available waste application equipment?
❑ Yes
0,'o
20.
Does facility by
To
require a follow-up visit same agency?
❑ Yes
21.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
❑ No
For
Certitied Faeil' wl bfi W'
22.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
❑ No
23.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
24.
Does record keeping need improvement?
❑ Yes
❑ No
Comments (refer to question #): - Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
r f
F1 C 7, /.)
a�
L7f=-F C Y ,•- t,.�- � � �. f�a— � ��J, '�j'c.�J �,r.ylJ..f. ��,..r.9�yr�•`�
a
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date:
cc: Division of Water Quality, If'ater Quality Section, Facility Assessment Unit 4/30/97

Faciliry Number:
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date: 3 Z R!1
Time: If, w
General Information:
Farm Name: b,om,e s -__ r _s County: ✓aN
Owner Name:_ 1 ��r } =11 r' 3 _. __ 'Phone No: y `12 - 1319_„
On Site Representative:_ Integrator:
Mailin; Address: 1 3Yq -.
Physical Address/Location:_ 1p.v of Zzys"_ oN LioI, 1ef4-,j Ta11:e t,a�_
Latitude: 3L _ lItj_I 0 5- Longitude: 79 S"`Y
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow ErLayer S0 . add ❑ Dairy
❑ Nursery ❑ Non -Laver ❑ Beef
❑ Feeder
OtherType of Livestock: Number of Animals:
Number of Lagoons:` (include in the Drawings and Observations the freebGard of each lagoon)
Facility Inspection:
Lagoon
Is lagoon(s) fre--board less than I foot + 25 year 24 hour storm storage?:
Is seepage observed from the lagoon?:
Is erosion observed?:
Is any discharge observed?
0 Man-made ❑ Not Man -matte
Cover Crop
Does the facility need more acreage for spraying?:
Does the cover crop need improvement?:
( list the crops which need improvement)
Crop type: Acreage:
Setback Criteria
Is a dwelling located within 200 feet of waste application:?
Is a well located within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream?
Is animal waste land applied or spray irrigated within 25 fee: of Blue Line Stream?
A01 -- January 17,1996
Yes 0'
No ❑
Yes ❑
No ❑
Yes ❑
No Cat'
Yes Q-
No ❑
Yes ❑ No C+1""'
Yes ❑ No @"'
Yes ❑
. No Er
Yes ❑
No Er
Yes ❑
No aK
Yes 0
No C

>E ; K. Maintenance
Does the facility maintenance need improvement? Yes G]" No ❑
Is there evidence of past discharge from any part of the operation? Yes CY No ❑
Does record keeping need' mprovement? Yes ❑ No ❑
Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes ❑ No ❑ 04,
Explain any Yes anI-swers: L ,Jab],1
f7 .Dt_r LJaS ! Kenn E+4t
Signature: C-1 � Date: z�
cc: FaciUry Assessment Unit Use Attachments if Needed
DraNvings or Observations:
�4
AOI -- January 17,1996

1x
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
IDEHNFZ
DIVISION OF ENVIRONMENTAL MANAGEMENT
, . May,-, 7T, U 9 9 6
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Albert Ellis
PO Box 173
Henderson, NC 27536
Subject: Notice of Violation
Recommendation of Loss of Deemed Permit
Bonnie's Birds
Facility 35-10
Franklin County
Dear Mr. Ellis:
On March 29, 1996, Mr. Charles Alvarez of the Raleigh Regional
Office conducted a inspection of the subject facility. This
inspection is a part of the Division's efforts to determine
potential problems associated with liquid waste storage and
disposal systems from confined animal operations. The inspection
revealed that:
1. Waste was surfacing from an area near an influent pipe to
the lagoon. The waste ran downhill to a stream coming from
a beaver pond which is an unnamed tributary to Flatrock
Creek classified as B-NSW in the Tar River -Basin.
2. The freeboard in the lagoon was less than the required
19 inches. Actual freeboard was approximately 4-6 inches.
3. No waste application equipment was seen on the site.
Animal operations in the State have
Division in accordance with Title
Administrative Code, 2H, Rule .0217
permit is not required if certain
requirement to be deemed permittted
discharge of any wastewater from the.
State.
been deemed permitted by the
15A of the North Carolina
An individual nondischarge
critieria are met. A major
is that there must not be a
operation to.the waters of the
This Office is issuing,you this Notice of Violation regarding this
matter; arid -you are hereby xegtiited to immediately eliminate the
illegal discharge which is subject to a fine of $10,000.00 per day,
per violation.
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27509 N%qffC An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/ 10% post -consumer paper

Please respond in writing to this Notice no later than 10 days of
receipt of this letter, detailing your actions to permanently
eliminate the discharge from your animal facility. You should also
seek assistance in the development of the required waste management
plan and report any progress made thus far. For assistance in' this
matter you should contact your, local 'Vatura1 ..Resource -Conservation
District Office or any liscensed Professional Engineer.
This office may recommend to;the YDirecto••r.,of�,,-the.,Divi.sion...,that=,.the
deemed permittted status of this facility be revoked. The Director
will also consider whether a civil penalty is warranted for the
unpermitted discharge to surface waters.
If you have any questions or if this office may be of assistance,
please contact Mr. Charles Alvarez at 919/571-4700.
ATTACHMENTS
cc: Franklin County Soil &
Franklin County Health
Steve Bennett - DSWC
Facilities Assessment -
Sincerely,
��enneth Schuster P.E.
Regional Supervisor
Water Conservation District
Department
Unit

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Boyce A, Hudson, Reglonal Manager
IL ". WA
14
woo
IDEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 8, 1995
Mr. Albert Ellis
Route 1, Box 399
Henderson, North Carolina 27536
Subject: Management Deficiency Notification
Swine Operation
State Road 1403
Franklin County
Dear Mr. Ellis:
On July 24, 1995, Mr. Danny Smith from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
facility. This inspection is part of the Division's efforts to
determine potential problems associated with liquid waste disposal
systems.
Mr. Smith's site visit determined that wastewater from your
facility was not discharging to the surface waters of the state.
Nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed.
However, as a result of the inspection, the following
deficiencies were observed:
-Your lagoon had an insufficient freeboard level of 10
inches. This problem should receive prompt attention. Properly
functioning lagoons should have at least 19 inches of
freeboard.
-It was noted that you had inadequate cover crop and that
there appeared to be a lack of spraying equipment on site.
These deficiencies must be addressed promptly.
-There was also evidence of past discharges from your lagoon.
Immediate efforts should be made to correct this problem.
I"n" addit'ion to co'ntinu6d waste facility management, these
deficiencies must be immediately addressed to help prevent the
possibility of an illegal discharge.
3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W% recycled/ 10% post -consumer paper

7-*
Albert Ellis
Management Deficiency Notification
Page 2 _..
The Raleigh Regional Office will require a written response to the
aforementioned issues within 30 days of receipt of this letter —You
should specifically address how you plan to correct these problems
and submit a schedule (with dates) stating when these management
deficiencies will be corrected.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facilities. The Division of
Environmental Management is required to enforce water quality
regulations in order to protect the natural resources of the State.
Accordingly, illegal discharges of wastewater to surface waters of
the State are subject to the assessment of civil penalties of up to
$10,000 per day, and may also result in the loss of deemed
permitted status, requiring immediate submission of a waste
management plan.
This office would also like to take this opportunity to remind
you that you are required to have an approved animal waste
management_ plan by December 1997. This plan must be Certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists or assistance with your
waste management plan you should contact your local Soil and Water
Conservation District.
The Raleigh Regional Office appreciates your cooperation in
this matter. If you have any questions regarding your inspection
please call Danny Smith at [phone].
Sincerely,
Kenneth Schuster, P. E.
Regional Supervisor
/ds
H:\animdn
cc: Franklin County Health Department
Franklin County Soil and Water Conservation District
Steve Bennett - Regional Coordinator, Division of Soil and
Water Conservation

,L .4-177..1
1— — - U I I\UI I N_I I wl-i I —­­ . .... a .1 . —
Site Requires Immediate Artew3or.- f`1
Facihty tic;. ' S
DIVISION OF ENVIRONMENTAL MANAGEMENT Y
ANIMAL FEEDLOT OPEkATIONS S7 VISITATION RECORD
DATE: �� " 1995
Farm Name/Owner:
Mailing Address:
County:
Integrator. -
On Site Representative: _
Phvsical Addressfllocadon:
/ `4 �. _yl/
Time:
,v /� j --.I __
Phone:.
Phone:
r
Type of Operation: Swine - Poultry .x _ , i2atrle
Design Capacity: 5 fin" Number of Animals on Site:
DEM Certification Number: ACE DEM Certification Numb: ACNEW
Latitude: �--�� Z_' U�" Longitude: " S `k' Elevation: Feet
c 25 4/4t� Circle Yes or No
Does the Arwnal Waste Lagoon have sufficient freeboard of l Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or,;Actual Freeboard: Wit. _15�0/Inches
Was any seepage observed from the lagoo 7(s)? Yes or(so Was any erosion observed? Yes -or
Is adequate land available for spray? Yes' r No Is the cover crop adequate? Yes
Crops) being utilized:
Dees the facility meet SCS minimum setback criteria'! 200 Feet from Dwellings? 6Y s or No
100 Feet from Wells? i e or No
:= r 37imal waste stockpiled within 100 Feet of USGS blue Line Stream? Yes ortN
anjinal waste, land applied or spray irrigated within 25 Feet of a liSGS Map Blue Line? Yes or Ku
'�. anima] waste discharged into waters of the state by znan-made ditch. flu:;hing wystem, or offitr
;iinilar man-mudd devices? Yeti . No/ If Piease E r pl iri,
lilt facility rztaiwain adequate wash managernerir records (volumes of ..manure, tared applicd.
spray irrigated on specific acreage with cover crop,)? Yes or 00
Additional comments:
cc: Facility Assessment Unit Use Attachments if Needed.
TOTAL A.O2'

Division of Water Quality
December 4, 2000
MEMORANDUM
To: Jeff Poupart
Through: Ken Schuster 'vte.t� ��
From: Buster Towell
Subject: Bonnie's Birds
Franklin County
Attached is an enforcement action for failure to maintain the proper level of freeboard in the
Bonnie's Birds waste lagoon. An annual inspection was conducted at the subject facility on
August 14, 2000. The inspection noted that the facility had been depopulated recently and that
the freeboard level in the lagoon was 12 inches. Mr. Albert (Jackie) Ellis was present during the
inspection and stated that he had not been to the operation recently because it had been
depopulated. Mr. Ellis indicated that he had no intentions of ever repopulating this facility and
that he would contact his local SWCD for assistance in developing a closure plan.
This facility has had problems in the past with maintaining the required amount of freeboard
in the lagoon and has even had a discharge to waters of the State in 1996. The Raleigh regional
office recommends that the appropriate enforcement action be taken against Bonnie's Birds for
failure to follow its Certified Animal Waste Management Plan. Please contact Buster Towel] if
additional information is required.

STATE OF NORTH CAROLINA
COUNTY OF FRANKLIN
IN THE MATTER OF
JACKIE ELLISBONNIE'S BIRDS
FOR VIOLATION OF
G.S. 143-215.1 AND 15A NCAC 2H .0217
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural resources, I Kerr T. Stevens, Director of the Division of Water Quality (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Jackie Ellis owns and operates Bonnie's Birds, a poultry operation in Franklin
County.
B. Bonnie's Birds was deemed permitted as a nondischarge facility on February 1,
1993 in accordance with 15A NCAC 2H .0217.
C. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 214.0217. The CAWMP for
Bonnie's Birds states that in no instance should the volume of the waste stored in
the lagoon be within the 25- year, 24-hour storm storage or one foot of freeboard
except in the event of the 25-year, 24-hour storm.
D. The 25-year, 24-hour storm event for the facility's location is about seven (7) inches
according to National Weather Service, Technical paper 40, Rainfall Frequency
Atlas of the United States, 1961.
E. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoon for Bonnie's Birds shall
not exceed nineteen (19) inches.

F. DWQ staff from the Raleigh Regional Office inspected Bonnie's Birds poultry farm
on August 14, 2000 and observed that the waste level in the lagoon was twelve (12)
inches which exceeded the level specified in the CAWMP.
G. The costs to the state of the enforcement procedures in this matter totaled 57.39.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Jackie EllisBonnie's Birds is a " person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The above cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H .0217 nondischarge
deemed permit and G.S. 143-215.1.
D. Jackie Ellis/Bonnie's Birds may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that not more than ten thousand dollars ($ 10,000.00)
per violation may be assessed against a person who violates or fails to act in
accordance with terms, conditions, or requirements of a permit required by G.S.
143-215.1.
E. The State's enforcement costs in this matter may be assessed against Jackie
Ellis/Bonnie's Birds pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, 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:
Jackie EllisBonnie's Birds is hereby assessed a civil penalty of:
$ 500.00 for failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP as required by 15A NACA 2H .0217,
$ TOTAL CIVIL PENALTY, Which is _percent of the maximum
Penalty authorized by G.S. 143-215.6A.

$ 357.39 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the civil penalty I considered
the factors listed in G.S. 143B-2$2.1(b), which are:
(1) The degree and extent of harm to the natural resources of the state, to public health, or to
private property;
(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) Kenneth Schuster, P.E., Water Quality Supervisor
Raleigh Regional Office

$ 357.39 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the civil penalty I considered
the factors listed in G.S. 143B-282. l (b), which are:
(1) The degree and extent of harm to the natural resources of the state, to public health, or to
private property;
(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 } Kenneth Schuster, P.E., Water Quality Supervisor
Raleigh Regional Office

ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (PC) Permit Condition Violation
Violator: Bonnie's Birds
1067 Weldon Road
Henderson, North Carolina 27536
Regional Office: Raleigh
1. The degree and extent of harm to the natural resources of the State, to public health, or to
private property resulting from the violation. None noted
2. The duration and gravity of the violation. Unknown
3. The effect on ground or surface water quantity or quality or on air quality. None noted
4. The cost of rectifying the damage. No environmental damage has been noted.
5. The amount of money saved by noncompliance. Only the amount that it would cost to land
apply wastewater at this operation.
6. Whether the violation was committed willfully or intentionally. Mr. Ellis stated that the
reason that the lagoon level was high was due to the fact that there were no birds on site and
that weather conditions had not allowed him to land apply. He stated that the fields had been
wet from recent rains and that he did not want to risk run off from the spray field.
7. The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority.
August 8, 1995 ----- Management Deficiency Notification
Freeboard level of only 10 inches
May 7, 1996------- Notice of Viol ation\Recommendation of Loss of Deemed Permit
Freeboard level of only 4-6 inches in lagoon.
Discharge from pipe leak to waters of the State.
June 27, 1997-------- Notice of Deficiency
Freeboard level in lagoon of 14 inches
September 1, 2000------- Notice of Viol ation\Recommendation To Enforce
Freeboard in lagoon 12 inches

8. The cost to the state of the enforcement procedures:
Buster Towell 8 Hrs. $ 187.76
Ken Schuster 1 Hr. 37.39
Mileage 32.24
Administrative costs $ 100.00
TOTAL COST: $ 357.39
9. Type of violator: Poultry Farm, non layer operation
10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Mr. Ellis was very cooperative when the violation was explained to him during the initial
inspection. During the inspection hay had been cut but the ground was too wet to remove
the hay, and Mr. Ellis did not want to land apply wastewater on the spray field for fear of
possible run off, or for fear of applying too much nitrogen to hay that would be fed to
cattle.
It. Mitigating factors:
12. Assessment factors
A. IWC--NA
B. Receiving stream ----- NA
C. SOCIJOC------- NA
D. Copy of MP Screen ------- NA
E. Copy of Limits Page ------ NA
F. Damage ---------- None noted
CERTIFICATION.
I certify that the information in this report is true to the best of my knowledge.
Principal Investigator Date

Site Requires Immediate Arten6On,
Facility No.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPEkAl IONS S` M VISITATION RECORD
DATE: 2- J v, 1995
Time:
Farm Name/Own
Mailing Address:
County:
Integrator:
On Site Representative: N
Physical Address/Location:
Phone: ` .z
Type of Operation: Swine Poultry -2�— ' I'attle
Design Capacity: _ '0, d0eD - Number of Animals on Site:
DEM Certification Number: �A- CE_ _ DEM Certification Number: ACNEW
Latitude: _' �_' " Longitude: ' I " ' S Elevation: i 1/ _ _Feet
c 15 41At� Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event
(approXirnately 1 Foot + 7 inches) Yes or:;N!i, Actual Freeboard: L. e" Z'"Ches
Was any seepage observed from the lagoon(s)? Yes orWas Was any erosion observed? Yes orno
Is adequate land available for spray? Yes ` r No Is the cover crop adequate? Yes
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria'? 200 Feet from Dwellings?OY s or No
100 Feet from Wells? 6e or No
arir:�a] waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes orb
a,tilnal waste land applied or spray irrigated within 25 Feet of a liSGS Map Blue Line'? Yes or
animal waste discharged into waters of the state by tnan-made ditch, flushing, system, or other-
;irTila_r man-mttcie cietiices'? Yes �-N�v If Y ,; s, Please Expl ;Li rj,
+ICs irir rWility Maintain adequate waste mimagernent records (volumes of manure, land applacd.
spray irrigated on specific acreage with cover crop ? Yes 0j.60)
Additional Comments:
c
cc: Facility Assessment Unit Use Attachments if Needed.
TOTAL P.02

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office AAK
James B. Hunt, Jr., Governor ID EHH N FR
Jonathan $.Howes, Secretary
Boyce A. Hudson, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 8, 1995
Mr. Albert Ellis
Route 1, Box 399
Henderson, North Carolina 2'7536
Subject: Management Deficiency Notification
Swine Operation
State Road 1403
Franklin County
Dear Mr. Ellis:
On July 24, 1995, Mr. Danny Smith from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
facility. This inspection is part of the Division's efforts to
determine potential problems associated with liquid waste disposal
systems.
Mr. Smith's site visit determined that wastewater from your
facility was not discharging to the surface waters of the state.
Nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed.
However, as a result of the inspection, the following
deficiencies were observed:
-Your lagoon had an insufficient freeboard level of 10
inches. This problem should receive prompt attention. Properly
functioning lagoons should have at least 19 inches of
freeboard.
-It was noted that you had inadequate cover crop and that
there appeared to be a lack of spraying equipment on site.
These deficiencies must be addressed promptly.
-There was also evidence of past discharges from your lagoon.
Immediate efforts should be made to correct this problem.
'Pri"addition to continued waste' facility management, these
deficiencies must be immediately addressed to help prevent the
possibility of an illegal discharge.
38M Barrett Drive. Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal OppoduMy Affirmative Action Employer W%recycied/ 10% post-com mer paper

Albert Ellis
Management Deficiency Notification
Page 2
The Raleigh Regional Office will require a written response to the
aforementioned issues within 30 days of receipt of this letter. You
should specifically address how you plan to correct these problems
and submit a schedule (with dates) stating when these management
deficiencies will be corrected.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facilities. The Division of
Environmental Management is required to enforce water quality
regulations in order to protect the natural resources of the State.
Accordingly, illegal discharges of wastewater to surface waters of
the State are subject to the assessment of civil penalties of up to
$10,000 per day, and may also result in the loss of deemed
permitted status, requiring immediate submission of a waste
management plan.
This office would also like to take this opportunity to remind
you that you are required to have an approved animal waste
management plan by December 1997. This plan must be Certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists or assistance with your
waste management plan you should contact your local Soil and Water
Conservation District.
The Raleigh Regional Office appreciates your cooperation in
this matter. If you have any questions regarding your inspection
please call Danny Smith at [phone].
Sincerely,
.� '-
t,
Kenneth Schuster, P. E.
Regional Supervisor
/ds
H:\animdn
cc: Franklin County Health Department
Franklin County Soil and Water Conservation District
Steve Bennett - Regional Coordinator, Division of Soil and
Water Conservation

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
eA0111100101��
1:3F-=HNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
May. T., 1996
RETURN RECEIPT REQUESTED
Mr. Albert Ellis
PO Box 173
Henderson, NC 27536
Subject: Notice of Violation
Recommendation of Loss of Deemed Permit
Bonnie's Birds
Facility 35-10
Franklin County
Dear Mr. Ellis:
On March 29, 1996, Mr. Charles Alvarez of the Raleigh Regional
Office conducted a inspection of the subject facility. This
inspection is a part of the Division's efforts to determine
potential problems associated with liquid waste storage and
disposal systems from confined animal operations. The inspection
revealed that:
1. Waste was .surfacing from an area near an influent pipe to
the lagoon. The waste ran downhill to a stream coming from
a beaver pond which is an unnamed tributary to Flatrock
Creek classified as B-NSW in the Tar River'Basin.
2. The freeboard in the lagoon was less than the required
19 inches. Actual freeboard was approximately 4-6 inches.
3. No waste application equipment was seen on the site.
Animal operations in the State have
Division in accordance with Title
Administrative Code, 2H, Rule .0217
permit is not required if certain
requirement to be deemed permittted
discharge of any wastewater from the.
State.
been deemed permitted by the
15A of the North Carolina
An individual nondischarge
critieria are met. A major
is that there must not be a
operation to the waters of the
This Office is issuing,you this Notice of Violation regarding this
matter; 'and 'you are hereby required to immediately eliminate the
illegal discharge which is subject to a fine of $10,000.00 per day,
1Der violation.
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 N194/ C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/ 10% post -consumer paper

Please respond in writing to this Notice no later than 10 days of
receipt of this letter, detailing your actions to permanently
eliminate the discharge from your animal facility. You should also
seek assistance in the development of the required waste management
plan and report any progress made thus far. For assistance in this
matter you should contact your local Natural Resource Conservation
District Office or any liscensed Professional Engineer.
This office may recommend to ,the ,Director ,of..•.the Div1si.on,.that .=th.e
deemed permittted status of this facility be revoked. The Director
will also consider whether a civil penalty is warranted for the
unpermitted discharge to surface waters.
If you have any questions or if this office may be of assistance,
please contact Mr. Charles Alvarez at 919/571-4700.
ATTACHMENTS
cc: Franklin County Soil &
Franklin County Health
Steve Bennett - DSWC
Facilities Assessment
Sincerely,
eI{ nneth SchusterP.E.
P E
Regional Supervisor
Water Conservation District .
Department
Unit

Facil irr Munber:'3 5-
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date: 3 Z 4
Time' #i 3o
General Information:
Farm Name: lljto;e s 611 Ij 5 — ----County: ✓gw_ .--,
Owner Name: 4) 6r fi 1= I ' S_ R Phone No:_t19 2 - 130
On Site Representative: Integrator:
Mailing Address: f ...._72!9 ---
1-i , .aP•�'� -- to L Z ?ts 3 �
Physical Address/Location:
- N of L �c_� ` !::ra oM yatltfl ol,N T-.Il;e .W,9zj6W
1
Latitude: 31.. 1 11 1 0 5 Longitude:'_/ 1_ I SLY
Operation Description: (based 31
on design characteristics)
Type of Swine No. of Animals TTyV of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow [3Laver ❑ Dairy
Q Nursery ❑ Non -Layer ❑ Beef
❑ Feeder
OtherType of LiyesrocL' Number of Animals:
Number of Lagoons:�� (include in the Drawings and Observations the freeboard of each lagoon)
Facilitv Inspection:
Lagoon
Is lagoons) freeboard less than I foot + 25 year 24 hout storm storage?:
Yes 0
No
Is seepage observed from the Iagoon?:
Yes 0
No ❑
Is erosion observed?:
Yes Cl
No 2-
Is any discharge observed?
Yes Cat'
No 0
O Man-made 0 Not Man-made
Cover Crop
Does the facility need more acreage for spraying?:
Yes G
No 5�/'
Does the cover crop need improvement?:
Yes ❑
No Q/
( list the crops which need improvement)
Crop type: Acreage:
Setback Criteria
Is a dwelling Iocated within 200 feet of waste application?
Yes O
No C">'
Is a well located within 100 feet of waste application?
Yes Q
No Er
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream?
Yes a
No Q(�_
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes G No Cat'
AOI -- January 17,1996

Maintenance
Does the facility maintenance need improvement? Yes iiK No ❑
Is there evidence of past discharge from any part of the operation? Yes Cat' No ❑
Does record keeping need improvement?.. Yes ❑ No ❑
Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes ❑ No ❑ NiA
Explain any Yes answers: L -C 4.,k ,, %DN a.s Arl� N
Signature:_ t -i'� �-�r / _ _ - Date: Zy
cc: Facility Assessment Unit Use Attachments if Needed
Drawings or Observations:
41e.5 olj P Id e
"
AOI — January 17,1996

❑ Dy WC Animal Feedlot Operation Review
[3rDWQ`Animal Feedlot Operation Site Inspection
toutine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review O Other
Facility Number
Date of Inspection
_ �w a
Time of Inspection Zl— 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: Registered ❑ Applied for Permit (ex:l 25 for I hr 15 min)) Spent on Review
❑ Certified ❑ Permitted or Inspection (includes travel and nrnenacinnl
❑ Not Operational Date Last Operated:......_................................... ....... _................................. _....... ............................................
n -
Farm Name:... E'.. ?:t.- ......... j3..:..'Z c(S County:.....:. p:%..:..?............_..... _.....................
....... _..................................
Land Owner Nanie:.Cj..Z._:...1%: . L /j ... Phone No:...._1 / J... `f 1Z t j (,j........................................................__............---....._......_......................................
Facility Conctact:..... .�..IJ. �+..tL....� ._�1...:....s............... _.. Title: ............................................. _. Phone No: ...... _..................................................
iVlailing Address: L`,. ..�ed: c'�-1 !i/.(r_...:........ 2
.... ......�... _.. ....._. ..........._. ........................................
.....—._. _.......
...........
.....
t L
OnsiteRepresentative: .C..,!�. -./........��:.....i........................................................ Integrator:.._ ... '.:.:..t..._�..
-
Certified Operator.. .�,,._.�=. F L //' Operator Certification Number: ...............
Location of Farm: 5' fZ 110,l j
Latitude =•=<0" Longitude =0=-=,-
Type of Operation and Design Capacity
Swore �, Design Current
Design Current Design Current;
Ca' act �Pii'ulation Poultry 'Can' Po olation,.:'' Cattle' '' Ca��acity Poula[ion
❑ Wean to Feeder I❑ La er ❑Dai
❑ Feeder to Finish [�1gon-La er r
❑ Non-Dai
Farrow to Wean }
Farrow to Feeder Total Design Capacity', ; T
Farrow to Finish z
❑ other .......... ' Total SSLw .:���.
r,.
Number of agoops Holding Ponds'' ❑ Subsurface Drains Present
z s=✓ : [I Lagoon Area :g ❑ Spray Field Area r;
vane 41
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in pUmin?
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
4/30/97 maintenance/improvement?
❑ Yes . —No
❑ Yes 2rNo
❑ Yes ErNo
%i
ElYes .�No
❑ Yes'%"❑ No
❑ Yes ErNo
❑ Yes ❑l NoZ
ClYes #J \'o
Continued on hack

is facility not in compliance with any applicable setback criteria in effect at the time of design'!
7. Did the facility fail to have a certified operator in responsible charge?
$. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (I,agaoos and/or Holding Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure I Structure 2 Structure 3
[.y"._.... ................... ..... ........ ....... ...........
10. Is seepage observed from any of the structures?
Structure 4
11. Is erosion, or any other threats to the integrity of any of the structures observed?
❑ Yes C�t�
❑ Yes ( -<o
❑ Yes EKo r
r`
ClMs ❑ No
Structure 5 Structure 6
12. Do any of the structures need maintenance/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?
*Vaste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type L.. .%... �� : J_ 1�.. ;P f.rg.!c/ n ...l.......C...
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (A� P)?
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?
For ertitied'Faei1isg5 Only' rN`
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
23. Were any additional problems noted which cause noncompliance of the Certified AWMP?
24. Does record keeping need improvement?
❑ Yes
❑ Yes
❑ Yes
ENor
Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes
B-No
❑ Yes
❑"moo
❑ Yes
a
❑ Yes
t�t"No
❑ Yes
❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Comments (refer to question ##): ,Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
! 4
1�
d. f } 7 r f �•-.- , ' >; = f /
f
Reviewer/inspector Name 7`'��
Re-6ewer/Inspector Signature: Date: '
cc: Division of Water Quality; Water Quality Section, Facility Assessment Unit 4/30/97

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Albert Ellis
1067 Weldon Road
Henderson, North
Dear Mr. Ellis:
..4
jai�
1Dr-=HNFR
Division of Water Quality
June 27, 1997
Carolina 27536
Subject: Notice of Deficiency
Bonnie's Birds
Facility # 35-10
Franklin County
On June 11, 1997, Mr. Buster Towell from the Raleigh Regional
Office conducted a compliance inspection of the subject animal
operation. This inspection is a part of the Division's effort to
determine compliance with the State's Animal Waste Management
Regulations.
Mr. Towell's site visit determined that wastewater from your
facility was not actively discharging to the surface waters of the
State, nor were any manmade pipes, ditches, or other prohibited
conveyances (for the purpose of willfully discharging wastewater)
observed. However, as a result of the inspection, the following
deficiency was observed:
Your waste lagoon had only 14 inches of freeboard which is less
than the amount required. Animal waste lagoons are required to
maintain enough freeboard so that no discharge of wastewater will
occur to waters of the State during any rainfall event less severe
than a 25 year\24 hour storm.
The above matters should be addressed to prevent the possibility of
an illegal discharge. Please respond to this Notice within 30 days
of receipt. You should include in your response the actions that
you will take to address these deficiencies.
3800 Barrett Drive, Suite 101, IM T ft C - FAX [phone] ?
ilaleign, North Carolina 27609 4 F,n Eguaf Opporunity Affirmative f.cfion Employer
Voice 919-571-4700 Iv4w
50% recycled/ I MI. post -consumer paper
�awrr

Mr: Albert Ellis
Page 2
This office would like to remind you that you are required to
submit an a22roved animal waste management plan by'December 31,
1997, or you may choose to submit a closure plan for this facility.
These plans must be Certified by a Designated Technical Specialist
or a licensed Professional Engineer. For a listing -of �c.erti.fied
technical specialists or assistance with your waste management plan
you should contact your local Soil and Water Conservation District
Office.
The Raleigh Regional Office appreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Buster Towell at [phone].
Sincerely,
Kenneth Schuster, P.E.
i /Regional Supervisor
cc: Franklin County Health
Ms. Kim York, Franklin
Conservation District
Ms. Margaret O'Keefe,
DWQ Compliance Group
RRO Files
NOD\35-10
Department
Soil and Water
DSWC--RRO

'and..Water se Conrvatiori--
;er Quality Coinpliance'L
Cort><pliance inspec400 ,. < ��
snection
10 Routine 0 Complaint 0 Follow-up of DWQ inspectioFollow-up of DSWC review 0 Other
Facility Number Date of Inspection
Time of nSpection Mt 24 hr. (hh:mm)
Permitted CrCertified [3 Conditionally Certified t] Registered jErNot Ope:2!122A Date Last Operated:.`�,1 ! ZL
Farm Name: ... .. n n . z 3 � County:.......................................................................................
.....................'.................. ......................._.......................__..._.............
J.�tc /Lr v' .� .V AA - < t /1- -T
Owner Name :............................................................................................ ........ Phone No:........................................
...............................................
Facility Contact: ...... Title: ... .... ........................................................ Phone No: ...................................................
.......................................................
Mailing Address:
Onsite Representative: Integrator:......................................................................................
Certified Operator:.....:....:'.:�..'..'........L...:..........'................................................... Operator Certification Number:..........................................
Location of Farm:
........................................................................................................................................................................................................................................................... ...............
.. ... .. .. .. .:. .. ... ........... ... .................. ..._................. I ....... .......I. ... .................Y .
Latitude '° !j 0 _ Longitude '7` • , .�°' -
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑ Wean to Feeder EMon-Layer
Layer ❑ Dairy
❑ Feeder to Finish 0 ) ❑ Non -Dairy
i,
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
Farrow to Finish Total Design Capacity
Gilts
Boars Total SSLW
Do
Number of Lagoons 10 Subsurface Drains Present 110 Lagoon Area 10 Spray Field Area
Holding -Ponds/ Solid Traps J 10 No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation'?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made!
b. [!'discharge is observed, slid it reach Water of the Stale'? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/rain'?
d. Dues discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation'?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway
Structure I Structure 2 5truc[ure 3 SiruCIUre d S[rucaure
❑ Yes ❑.No
❑ Yes �o
❑ Yes Leo
❑ Yes U-14o
❑ Yes 0<0
❑ Yes
es ❑ No
Structure 6
IdLnliiier:
Freboard (inches): /
5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erasion. ❑Yes f"l !r
seepage, etc.) '
3/23/99 , ! Continued on back
�L
J

seepage. etc.)
Are tlt&c structures on -site which are not properly address,-d and/or managed through a waste manauement or
closure plan? ❑ Yeti 044;fo
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ) ��
7. Do any of the structures need maintenance/improvement? Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ClEN Yes o
9. Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level
elevation markings" Yes
1Vaste ;kpplication
10. Are there any buffers that need maintenance/ improvement" ❑ yes.
11, is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑Yes ��No
12. Crop type A.4, r 1,, 1=) e_?
13. Do the receiving* crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)'? ❑ Yes o
14. ai Does the facility lack adequate acreage for land application? ❑ Yes No
b) Dues the facility need a wettable acre determination.' ❑ Yes No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑'FIo
:O
15. Does the receiving crop need improvement'' ❑ Yes OINo
16. Is there a lack of adequate wa-,te application equipment:` ❑ Yes
Reutuirrd R"ord.s & '.3nrilments
!7. Fail to h:nvc Certificate A'Coverage & General Permit readily available? ❑ Yes {�
-s the facility fail to have all components of the Certified Animal Waste Management Plan readily available.'
.VUP. checklists, desi,ln. maps. etc.)
❑ Ycsl. o
record keeping need ilnprovement:'tie/ irrigation. freeboard, waste analysis & soil sample reports)
�s ❑ No
_.,. .: facility not in compliance with any appiic:able setback criteria in effect at the time oftlesi,n?
❑ Yes Io
1. Did the facility Dail to have a acOvely certltled operator imcharge:'
❑ Yes f3_Nrr—
221 Fail to notify rcgi„n,d OWQ of enter crit: situation; as required by General Prrmii"
t fN-
(ie/ discharge. freeboard problems. over application)
33. Did Reviewer/Inspector tail to discuss reyiewhrispection with on -site rcpresentative'.
❑ Yes El -go
24. Does facility require a follow-up visit by same: agency:'
❑ Yes
35. Werc: any additional prohlcros noted which cause noncomplianee ol'the Certified AWMP:'
r;-
❑ Yes DIN
.
Nbi ioftfi6ris'i4-deficii.ndes-Wu rio nul.;ed-db-rihri �this'visit' Yori w.i�l eeeiye titi further :::;
. ... . . . . . . . . .. . . . . ... . . ... . . .
1 rOrresn.6ridetce. a bu' f. th45 .visit..
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. I use additional pages as necessary}:
i
A�
l
1
.1 1 / t-•' �' e,L . �/�'t, :.� r-f.. 1` C c���.f _ �-c C. L�
Reviewer/Inspector Name
Reviewer/Inspector :ail nahtrr: y �-� _ / Date: - C 5100

Sr Issues
A Does the discharge pipe from the confinement building to the storage pond or lagoon Fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are thereany dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
^9. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31, Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes No
❑ Yes P No
❑ Yes �No
_❑ Yes 0440
❑ Yes 0<0
❑ Yes ❑qro
❑ Yes No
.&I
J

,. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RAL.EIGH REGIONAL OFFICE
Division of Water Quality
^ jAp*r.S' " HUNT JR. September 1, 2000
NOR
'
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
--_�-SILL HOLMAN
RLrART
Mr. Jackie Ellis
1067 Weldon Road
Henderson, North Carolina 27536
Subject. Notice of Violation
3ti t�K.
Recommendation To Enforce
Y
Bonnies Birds
I. ay i
Facility # 35-10
r"e1
Franklin County
Dear Mr. Ellis:
On August 14, 2000, Mr. Buster Towell of the Raleigh Regional Office
conducted an inspection at the subject poultry operation. The inspection revealed
the following violations of your Certified Animal Waste Management Plan:
Your waste lagoon had only 12 inches of Freeboard. Your structure is required to
have a minimum freeboard level of at least 19 inches at all times.
Please complete the attached Plan of Action (POA) and return it to this Office
within 24 hours.
Your land application records indicated that Bermuda grass received
_
applications of wastewater three (3) times in February of 2000. Your application
windows for Bermuda is from April through September.
Please note that the above violations are violations of your Certified Animal Waste
Management Plan, and therefor are subject to civil penalties of up to $ 10,000.00
per day, per violation.
Please respond to this Notice in writing within fourteen days of your receipt.
The Raleigh Regional Office is considering an enforcement against you for the
above referenced violations of your CAWMP. If you have justification that these
violations were caused by circumstances or events beyond your control you should
include them with your response. Your response will be reviewed and forwarded to
the Director for his consideration. In the absence of any justification, the Direc
ELZMF
will proceed with the enforcement action.
MAILING ADDRESS: 1620 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
LOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIaN, NC 27609
PHONE 91 9-57' -a700 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLF-Ol10`9t POST-CONSUMEtt PAPER

Mr. Jackie Ellis
Page 2
If you have any questions regarding this Notice please contact Buster Towell at [phone].
Sincerely,
L-IL
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: Franklin County Health Department
Ms.. Kim York, Franklin Soil & Water Conservation District
Ms. Margaret O'Keefe, RRO-DSWC
DWQ Nondischarge Compliance Group
RRO Files

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