420022_PERMIT FILE_20171231

jType of Visit 43 Compliaged Inspection O Operation Review O Lagoon Evaluation {
Beason for Visit 0,t6utine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number
[}ate of Visit: / s ime: �p
Z
Not Operational O Below Threshold
Permitted 0 Certified © Conditionally Certified 0 Registered Date Last Operated or Above Threshold: .........................
Farm Name: .... i�?.Y... ....[:r.. &44.1.... � .�L`.................................. County: i..��"..2`......................................................
Owner Name:
Mailing Address:
Phone No:
FacilityContact:.............................................................................. Title:................................................... Phone No:
OnsiteRepresentative: ........................................................................................................... Integrator:.........................................................................
Certified Operator :.......... i✓....................................... ............................................................. Operator Certification Number:..........................................
Location of Farm:
AL
❑ Swine ❑ poultry ❑ Cattle ❑ Horse Latitude Longitude �• �� �«
❑ W to Feeder
`Ii;j
❑Layer
eeder to Finish
f
❑ Non Layer
❑ Farrow to Wean
f . f r :. ,.., A,;: U ;r
£0! ❑Other
d
Farrow to Feeder
El Farrow to Finish
I @ jj O.X Oj�Y,
♦
❑ G'
tI LJ
❑ BoarsiE
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon pray 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
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier: .....#./............................................................................ ..................................................................................... .......
Freeboard (inches):
12112103
Yes ❑ No
❑ Yes No
Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes o
es ❑ No
Structure 6
Continued

Facility plumber:
Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? If yes, check the appropriate box below.
❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
12. Crop type
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Odor Issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours?
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional
Air Quality representative immediately.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Field Coov ❑ Final Notes
IZr,L n 0 � /= ,� k 0 " G i0 5Sc' " 4 r- f , v • -� 7 If-� 4 w+4 r- j-9- J
` It
C bi ky, i /= (6Ll- y- f6_&j - �%- � r'- a s /-In G s
W e9 - �G. ✓I I e-f� V I r-2
�Ydyfa,�,.�1- y 1�j- � c-� � w� 5 Gc.1}iv,% li✓� �� ��-6n h r 4. ilr l () ct h r c7 � SQ-✓r�G�
z �-wer I/z—o
1-" YVL7—.
r
-ri°i' bt i 1 s337 �P& x ,.,li- .- ?s -n .�µ, ai�9l°ept� "� 3 '� ';�° 6�' t.I :'Gfgt!.��.i€ 3 ;ie s:^a s ead � f �s:: .3, a ogt�fR� � i".6i1,•'.I `# %''„f; "> �' �a
€�a€¢��3'i 4 Reviewer/Inspector Name €6�3a
' 11E iuj,ia{ 0P
Reviewer/Inspector Signature: Date:
12112103 Continued

Type of Visit Compliance Inspection 0 Operation Review 0 Lagoon Evaluation
Reason for Visit Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other ❑ Denied Access
Facility Number ?i
Date of Visit: t 03 Time:rO
1 Not Operational 0 Below Thres
Rhold
Permitted Certified ©Conditionally Certified E3 Registered 1Date Last Operated or baveThreshold-
Farm Name: N (
a,-, l o (. `grt(".0- 140"'z 4 County:
Owner Name: ;!;t" 1I t`7�t Phone No:
Mailing Address:
Facility Contact:
Title:
Phone No:
Onsite Representative: Integrator:
Certified Operator: 44Operator Certification Number: �_)7N 3 S
Location of Farm:
wine ❑ Poultry ❑ Cattle ❑ Horse Latitude Longitude
Design
Current
Design Current
Design Current
Swine Capacity
Population Poultry
Capacity Population Cattle
Capacity.:,, Population
❑ Wen to Feeder
❑ Layer
T�:z0
❑ Dairy
''.
eeder to Finish I
` ❑ Non -Layer
I I ❑ Non -Dairy
: ❑ Farrow to Wean
❑ Farrow to Feeder
❑ Other
❑ Farrow to Finish
Total Design Capacity.
"❑ Gilts
❑ Boars
Total SSLW
_,
m
{ •; Nubeb of Lags oo g ;. ,
Z ❑Subsurface Drams Present ❑ La oon Area
❑ Spray Feld Area
` ioldtngPonds 1 Solid Traps
': ❑ No Liquid Waste Management S stem
k
Discharees & 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. 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
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier: TO Se c'
Freeboard (inches):
05103101
❑ Yes [�] No
❑ Yes No
❑ Yes ❑'No
❑ Yes
0
Yeso
9,1
❑ Yes
ZNo
❑ Yes ,❑ No
Stnucture 6
Continued

4
Facility Number: Z — Z7 Date of Inspection I d
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Aunlication
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type i.tn t7l�r rJ -lFK GC.E
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?
Reauired Records & D c m nts
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal ast Mana cmenw Plan eadily available?
(ie/ WUP, checklists, design, maps, etc.) 0 a3 —!r b f'fl O Z
19 Does record keeping need improvement? (ie/ irrigation, freeboard, wa to na'! sis & 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? r. _,
❑ Yes FNo
❑ Yes F4No
❑ Yes �o
❑ Yes XN0
❑ Yes �dNo
❑ Yes ZNo
❑ Yes XNo
Cl Yes No
❑ Yes No
❑ Yes VNo
❑ Yes �(No
❑ Yes JZ No
❑ Yes PNo
❑ Yes P'No
❑ Yes fi5NO
Yes ❑ No
❑ Yes ONO
❑ Yes P3No
22. Fail to notify regional DWQ of emergency situations as required by General Permit.
(ie/ discharge, freeboard problems, over application) ❑ Yes ,1J No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ,n No
24. Does facility require a follow-up visit by same agency? ❑ Yes An No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes JZ No
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Usecdraw�ngs of'facility to better exp ein situations:' (use additiNMI
onalipages i)s necessary) a
�tlk Field Copy ❑ Final Notes
(_ Fs ��.A`�lf.G.:h ;.)t�e.r', �•w. — .saes=�ea�s---r-w. x--r.-:-*.r.:ai
`tG i [ C K vwcN tAD 1_+, PiL', s ki W /xLc '""�^ / �t '► `" w Us W � --I-
44'P/u�IS �Ir' eat
Reviewer/InspectorName j.: A.
Reviewer/Inspector Signature: Date: ia(500 3
05103101 Continued

Facility Number: Z — z Z 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. Arc 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 bladc(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 J2 No
❑ Yes dNo
❑ Yes �rNo
❑ Yes ENo
❑ Yes ff No
❑ Yes o
❑ Yes No
Additional Comments and/or Drawings:;:.
JJ f i/ I
D$
r 1�
,-4 a CC 014'1 -{'c l2.
ti c�+�i Co Ci
U- LO ,, 0 f C COAkr �u�
OTC
NS i-• . i pit a A. k-, 4 AJ i i ct eta..fr 7LR1 9, Zoe 3.
04f-<O. ; 1 i " '"-`r1 I1 Aja. oo� .J 1-7(ez- i,
7
O5103101

Type of Visit fi!� Compliance Inspection 0 Operation Review Q Lagoon Evaluation
Reason for Visit outine O Complaint O Follow up 0 Emergency Notification 0 Other ❑ Denied Access
Facility Number L L
Date of Visit [5= Time: I O i 5b.,
Not O erational 0 Below Threshold
Permitted Certified ©Conditionaliv Certified Registered Date Last Operat d or. Above Threshold:
Farm Name: lug C_ i/ County: %f
Owner !Name: d Phone (Noo:
Mailing Address: d`� 42,&A� 4L Ed %
_ u-` 1 I`ce M z 79
Facility Contact: �p Title:
Onsite Representative:
Certified Operator:r"Ot�
Location of Farm:
Phone No:
Integrator:
Operator Certification Number:
E2KS'ine ❑ Pouitry ❑ Cattle ❑ Morse Latitude ' 0" Longitude ' 0"
��Dcsign Current
t
Swine
,.Ca acth;,...Po elation
,._
❑ Wean to Feeder
eeder to Finish
804
Z O
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Des3g» t Current Desegn Current
,.e
Pouiltry Ca` seltv`' Po t latiot .d Cattle Ca acttv.' Po elation ;
❑ La er EEOINon-Dairy
Da
[EllNon-La er �° `
❑ Other
`' Total Design�Capat:tty ���'
,
TOtai' km'
�r�,
: Amber o , agaons„ , {,;®&u ,; ❑ Subsurface Drains Present ❑ La oou Area ❑ Spray Field Area `
oldt»`Ponds L 5ohd Traps ia, .`'.`� �' F �;:_ ❑ 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. 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 Co-llection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier: _ _Y►t �P C.
Freeboard (inches): 30- .9cy
❑ Yes No
❑ Yes f❑ No
❑ Yes ZfNo
El Yes N
❑ Yes ;
❑ Yes �No
❑ Yes N0
Structure 6
05103101 Continued

Facility lumber: — 2 Z Date of Insprclion
dor 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 `Io
❑ Yes 9N�o
❑ Yes
❑ Yes ; No
❑ Yes 21�10
❑ Yes
❑ Yes �rNo
Additional'Comment+,and/or,.;Dra iitti'"
r 3
FC-
a CUVJ �9s
05103101

3 � '
Facility Number:
Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type S►K 6e4ioi Ce+w , FPScr,,,-
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 or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Pyan readily available?
(ie/ WUP, checklists, design, maps, etc.) / -Z 9 t V /,*7 aZ
19. Does record keeping need improvement? (ie/ irrigation, freeboard, was na ysis & so' ample reports)
W2 fP�'91 - • L
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25, Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes L3<o
❑ Yes ZNo
/E Yes ❑ No
El Yes No
❑ Yes �0
❑ Yes �No
❑ Yes 19No
❑ Yes ] No
❑ Yes 1/❑ No
❑ Yes ❑ No
❑ Yes ❑ No
ElYes X_;No
❑ Yes No
❑ Yes No
❑ Yes No
❑ Yes �N
❑ Yes No
❑ Yes
❑ Yes �No
❑ Yes
❑ Yes No
❑ Yes ZNo
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit{.
>{@':: i Jx.:�1 ¢ i, �E.�.i;.i@.@ .�a.:. . �f• i {-.i'E t..a�afx.� $fri'�e. E#dL'ii�@. .z
�s,�� E, :Camments(�efer to question 3l) EhEYptainPanyY 5 answers and/or. anyrecommendations'or anr,;comrnents.se
drawings of facility to better explasn s�htattons (use addttipnalpages es necessary} ' eld Copv ❑ Final Notes
@�I �-
5 -7° z 3 T� ,c� ,cam �-,1� .ti,� ,, 0 -OFF s
4�e__f
V r` 1�LIn S✓1 LTV j ® .� VV "1 4 CA�
r
f,e "°Reviewer/InspectorName
Reviewer/Inspector Signature: Date: =D1
05103101 Continued

Number Date of Visit:
�!
ermitted 13 Certified 1 /Coon,,ddiittionally�Ceertified 0 Registered
_Farm Name:..1-f ......4=.............1:?.:�.!......... '.L.fi-.................................
Time: �D
Q Not Operational 0 Below Threshold
Date Last Operated or Above Threshold:
County:..........................................................
OwnerName: ................................................... ........................................................................ Phone No:......................................................................................
FacilityContact: ............................................................................... Title:................................................................ Phone No:...................................................
MailingAddress:.......................................................................................................................................................................................................... ..........................
Onsite Representative: .................................... Integrator:....... ....................................................
fy
Certified Operator:......................�.�....... 5............ �}`........................................ Operator Certification Number:..........................................
Location of Farm: /
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 6 64 Longitude �• �d «
Design; Current Design :Current :Design Cuttit
Swine .
.Capacity �Poaulatlori POUitry Ca aci Po ulaaon Cattle , Ca ci Population _.
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ ailts
❑ Boars
❑ Layer FN05)airy
Non -Layer on -Dairy
❑ Other
To Design Capacity ,'
Total'SSLW
Number of Lagoons �' :. ❑ Subsurface Drains Present ❑Lagoon Area I[] Spray Field Area =.
<J.
Holding Ponds I Solid Traps.` ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes
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
Structure 1 Struct re 2, I Structure 3
Identifier: ........................ f...........................................................................
❑ Yes No
❑ Yes t o
❑ Yes o
El Yes o
❑ Yes o
❑ Y No
Structure 4 Structure 5 Structure 6
Freeboard (inches):
5/00
Continued on buck

Facilify Number: LL — 2 ? Date of Inspection �(%1
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? ❑ Yes 01 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? ❑ Yes aG-o
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes o
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes io
12. Crop type
13. Do the receiving crops differ with those designated ip(the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes -0No
14. a Does the facility q g PP lack adequate acreage for land application? ❑ Yes � o
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
o
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
Ofio
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
CJ no
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
L'lN0
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
/
(ie/ discharge, freeboard problems, over application)
❑ Yes
o
23. Did Reviewer/Inspec fail to discuss review/inspection with on -site representative?
❑ Yes
o
24. Does facility ' uire a follow-up visit by same agency?
❑ Yes
25, Were y additional problems noted which cause noncompliance of the Certified AWMP?
❑Yes
Q.*j0i �i0ijs;ot- d$fjcjendtL$ v re ��te� 0 Wift thjs•vjsjtf You wi�j >reegiye too t`u�tjt r
• eorres oridence: about this 'visit:
F� � I Y -i' t H tl�:`!!1 - fl :'tE,
Contmentst(refer to question #) .,Explain any YES answers an anyyreconuneadatlons orany kother ronunents
�tt I '' , ti ,,GJ
Use drawling�,oitacilityita hetter!ezplain situatioa4 a"ddihon�I pages as ueoessary):,�,��_� �'i���,,��`�{�'� i�,� ! �1,��� `�, i
� �.�'p
#1 ,i i 'tl ll,
,(use 4`�;
f., ii jf,°{a < i a. k i13-sig4 it;aa tia��ii 3i 1.,�,sa;in�i9 cif!;iI'iii3 �!r�,)1�.'7ji
Reviewer/Inspector Name ; may/ ' ,+;' ! L g `g p pry
° r! fi1.� i � < 3.., ..ia 8. , n xP >.€... i �} r�.it s..i i4 l !Y.-- - a . 1 i sti s:. b'. ,ii 1, IF , i. .I
Reviewer/Inspector Signature: Date: % L' t? 1 5/00

I
FaciVty Number: ( Z — Z 2
Date of Inspection Printed on: 10/26/2000
Odor Issues
26.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
❑ Yes
11 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
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)
❑ Yes
Id�0
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes
No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes
o
31.
Do the animals feed storage bins fail to have appropriate cover?
❑ Yes
o
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
�Additional, Comments and/or, Drawings:.:`
. r.
❑ Yes ❑
5/00

0 Division of Soil and Water Conservation Operaklon Review, k r $' 48,71�PI I'EE
g a 9 k'3 "-:k fi j �7k 916 7 %. F i I' �l I -. 4 , i
'I viof Soil and Water�G/o�gservabon' ,Compliance Insp cttokn,r' E(Ctk+ i �a tLFAs } t ftr T6Iff.EI k ii
DIVISI ... Q.... t3 re,g,CAlnpli�t° f f s.. E., i :: F 7 1 e �k!I €F k f �I�
on of Water„ ua11 - nee,,Inspectlane . tE ,i+EI �..€'. f .+#s, +YID €.{r . " G, .i Y eir. ti€i.
Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow -tip of DSWC review 0 Other
Facility Number Date of Inspection .S 2�
Time of Inspection (= 24 hr. (hh:mm)
© Permitted ©)Certified [3 Conditionally Certified © Registered ILINot O erational Date Last Operated: „•
Farm Name: .. tn.r4 �' ? 1 :.�-...... I ..... ���� ...... County ...Jr:.4.�.��.�.`e .......................
Owner Narrre:............... /i � Phone No: Z.......� ��5...................................................
S"" f'
FacilityContact: .......................................................................... Title:........................./.................................. Phone No: .,1..7..........1.........
Flailing Address:.............................................:........
Onsite Representative: ��.............. 4 hltcgrator: 4:..(...r«..,h-............................................................
Certified Operator :....... 1�-.. ......... ................. Operator Certification Number:
/................................
Location of Farm: Z�
................................................................ ........................................ ............ .
Latitude 0 4 •6 Longitude • �6 46
Design
Swine ,Ca acity
Current ? €, ;' Design. "Current. , , Design Current
„ r'y , �'Ca acit I'o ' ulatl' Capacity Po elation , Population Poult p y p 'on Cattle P
❑ Wea to Feeder
eeder to Finish
p
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts k
❑ Boars
Number, of1ago6ns;s P g;
Holiling Ponds % Sohd Traps
Discharges & Stream Impacts
Is any discharge observed from any part of the operation?
Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Arca
No Liquid Waste Management System }
Discharge originated at: ❑ Lagoon [3Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'?
h. 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 Vo
❑ Yes VNo
Cl Yes
❑ Yes VrN;/
❑ YesYes ❑ Yes
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: �r
Freeboard(inches): ......... .........�...!..............................................................................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, ❑ Yes No
seepage, etc.)
3/23/99 Continued on back

Facility Number: Z — Date of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes zo
(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 F-9
13. Do the receiving crops dif?er with tho(c 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?
(ic/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facilityrecl6re a follow-up visit by same agency?
25. W;4,6'any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes N
❑ Yes No
❑ Yes No
❑ Yes No
❑ Yes o
❑ Yes �TNo %
❑ Yes No
es ❑ No
❑ Yes INo
❑ Yes o
❑ Yes o
❑ Yes �10
❑ Yes N
❑ Yes N
❑ Yes N
❑ Yes No
❑ Yes N
ElYes
❑ Yes;No
N
❑ Yes
yMh igris:or• ftficiendLeg Wft ho ea• cuing �bis:visit,' • Y:on ;witl•ree�iye i}o: further
coris�OTide'& abaat: th' :visit. : .
Comments (refer tp question #}: Explam anyWES answers and/or any recommendations or any other comments
IUse;di-awt:ngs of facility to better"explam situations (use addrhosiallpages.as necessary)
t.V.. ""�.<. -i .£_.r� � r�.:E �. F � .o .� :•a .-. �.'i«f n�_ Y . .:� . . ti

31 /,. g
' ' ion of Soil and Water Conservation ❑ Other Agency
ivision of Water Quality
jp Routine O Com laint Q Follow-up of DWQ inspection O Follow-up of DSWC review O Other 1
Date of Inspection
Facility Number 2
Time of Inspection D p 24 hr. (hh:mm)
13 Registered PICertified d Applied for Permit 13 Permitted 113 Not O eratianal Date Last Operated: ....................
Farm Name: ...��..:..~�.............. ntY:...,'.��..��........................................
County: 4� .�`
Owner Name:........ .! `�...L. 2L t t .......................................... Phone No: SZ... ..,.f,77..`.... .. ..................
Facility Contact: jZ P....... n"`� �! 2'f �r................. Title:................................................................ Phone No:...................................................
L?7Mailing Address: P........................................................... . ........ ... .................... ..........................
Onsite Representative: ...... 12-....14......�:JLt.e S /L..' .. Integrator:..�l..�.vC.2...k...........................................
Certified Operator:........................................................................................................... Operator Certification Number,.........................................
Location of Farm: f, ?i 1 Za z
Latitude Longitude �• �' �"
Design Current ' ' ', '. Design
Current_'. Destgn� Current
,'``
8wiine ,4�
Capacity° Population Poultry pacity Fopulation Cattle Capoc><ty Population
Row fo Feeder
❑ Layer
0 Dairy
Feeder to Finish
p O ❑Nan -Layer I
IDNon-Dairy
❑Farrow to Wean
-
w El Farrow
Farrow to Feeder
❑
q ,
❑ Farrow to Finishes
:.,
Total Design Ca aCit
g Y
❑ Gilts'
❑ Boars
s
x ., P f
Total
NumbeT� P agoo
I Balding Ponds "
❑ Subsurface Drains Present © Lagoon Area ❑ Spray Field Area
..
❑ No Liquid Waste Management System S��'
General
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 gaUmin?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
❑ Yes a o
El Yes No
❑ Yes No
El Yes o
❑ Yes
❑ Yes
❑ Yes FN/Z
El Yes
❑ Yes o
❑ Yes ❑ No

Facility Number: 7r Z/
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (LaeoonsJlolding Ponds, Flush Pits, etc.)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Siructure I Structure 2 Structure 3 Structure 4
Identifier: _ t
Freeboard(ft): ...........►.. �..1......... .....".......... ....... ................................... ....................................
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any' of the structures observed?
12. Do any of the structures need 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?
Waste 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 ...�Y.•.....'3....1..s�'". .^. .............
..f.. t.....
❑ Yes 5o
❑ Yes o
Structure 5 Structure 6
...............................................................
❑ Yes RO
El Yes
❑ Yes
❑ Yes No
❑ Yes o
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were an dditional problems noted which cause noncompliance of the Certified AWMP?
25. re any additional problems noted which cause noncompliance of the Permit?
No.violations'or. dericiencie's: were -noted -during this.visit..Vou.ririii- receive ito'furih:er . ,
cofrOspOhdehce about this:visit:•' :. ::: .... ..: : .
......................................
D Yes o
❑ Yes Lll�o
❑ Yes 1dNo
❑ Yes o
❑ Yes o
Yes 0
❑ Yes o
❑ YesiNo
o
CO] Yes
El Yes

Site Requires Immediate Attention
Facility Number: 4 2 -2 ?-I-
SITE VISITATION RECORD
DATE: r - 15 , 1995
Owner: !% �r„ �v {�- % Farm Name:
County:
Agent Visiting Site: NIT; rom e F,-r. „ C (< Phone: 3 - 349
Operator: ..�. _ Phone:
On Site Representative; . �1 r;. 1 F'�' --- -- Phone: s ; S1
Physical Address: 1 2-4 4,
Mailing Address: , , 2 4 „-L �.< r� 1711. U d'�, . C. _ -Y . ? - -
Type of Operation: Swine L� Poultry Cattle
Design Capacity: Q Number of Animals on Site: ! as 41_ '.1 a l
Latitude:-2^7---0 41Longitude: �?6- e . 1� - 6_4
Type of Inspection: Ground �— ` Aerial
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 o(N:-o) Actual Freeboard: Feet O Inches
For facilities with more than one lagoon, please address the other lagoons' freeboard under the
comments section.
Was any seepage observed from the lagoon(s) es or
No Was there erosion of the dam?: Yes o�o,3
Is adequate land available for land application. C cs or No Is the cover crop adequate? g r No
11
Additional Comments: )�'_
f Y � -S TG{(f a��p'\, f c. tYr,(1fi•Y ,= i.{jam �\ j-.7 rO;,C. d P,.
Fax to [phone] Signature of Agent

-State of North.Carolina
Department of Environment,
Health and Natural Resources i
Raleigh Regional Office
James B. Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
November 13,1996
Mr. Henry Earl Hale
Route 3, Box 27
Enfield, North Carolina 27823
Subject: Compliance Evaluation Inspection
Facility # 42-22
Halifax County
Dear Mr. Hale:
On October 22, 1996, Mr. Buster Towell 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 compliance with the State's animal waste nondischarge
rules.
The inspection determined that the swine operation was not
discharging wastewater into waters of the State and that the waste
lagoons had the required amount of freeboard. As a result of the
inspection, the facility was found to in compliance with the
State's animal nondischarge regulations.
Effective wastewater treatment and facility stewardship are an
important responsibility of all animal waste producers. The
Division of Water Quality has the responsibility 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 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 31, 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 office.
3800 Barrett Drive, Suite 101, A!- FAX [phone]
Raleigh, North Carolina 27609 N%C � An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/ 100% post -consumer paper

Henry Earl Hale
Page 2
The General Assembly recently passed Senate Bill 1217 which will
require all animal waste management systems to designate an
"" Operator in Charge". It shall be the responsibility of this
individual to oversee the operation and maintenance of the animal
waste management system and to have control over waste application
activities. Currently classes are being held for operators of swine
facilities and training is being developed specifically to address
dairy and liquid poultry operations. For more information please
call either your local Soil and Water Conservation District or
Cooperative Extension Service Office.
The Raleigh Regional Office appreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Mr. Buster Towell at [phone].
Sincerely,
Judy E. Garrett
Water Quality Supervisor
cc: Halifax County Health Department
Mr. Wayne Short, Fishing Creek Soil and Water
Conservation District (Halifax County)
Mr. Steve Bennett -Regional Coordinator, DSWC--RRO
DWQ Compliance Group
RRO Files

w
.;01F
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
ATIMWA
IDEHNR
DIVISION OF WATER QUALITY
November 13,1996
Mr. Henry Earl Hale
Route 3, Box 27
Enfield, North Carolina 27823
Subject: Compliance Evaluation Inspection
Facility # 42-22
Halifax County
Dear Mr. Hale:
On October 22, 1996, Mr. Buster Towell 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 compliance with the State's animal waste nondischarge
rules.
The inspection determined that the swine operation was not
discharging wastewater into waters of the State and that the waste
lagoons had the required amount of freeboard. As a result of the
inspection, the facility was found to in compliance with the
State's animal nondischarge regulations.
Effective wastewater treatment and facility stewardship are an
important responsibility of all animal waste producers. The
Division of Water Quality has the responsibility 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 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
lan by December 31, 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 office.
3800 Barrett Drive, Suite 101, w' FAX [phone]
Raleigh, North Carolina 27609 NiC f C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 500% recycled/10% post -consumer paper

w
J
Henry Earl Hale
Page 2
The General Assembly recently passed Senate Bill 1217 which will
require all animal waste management systems to designate an
IF
Operator in Charge". It shall be the responsibility of this
individual to oversee the operation and maintenance of the animal
waste management system and to have control over waste application
activities. Currently classes are being held for operators of swine
facilities and training is being developed specifically to address
dairy and liquid poultry operations. For more information please
call either your local Soil and Water Conservation District or
Cooperative Extension Service Office.
The Raleigh Regional Office appreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Mr. Buster Towell at [phone].
Sincerely,
Q dA6 g, � a,,V�
Ju y E. Garrett
Water Quality Supervisor
cc; Halifax County Health Department
Mr. Wayne Short, Fishing Creek Soil and
Conservation District (Halifax County)
Mr. Steve Bennett -Regional Coordinator,
DWQ Compliance Group
RRO Files
Water
DSWC--RRO

is Routine Q Complaint Q l cillim--up ot'DWQ inspection
Facility Number
Farm Status: *Registered ❑ Applied for Permit
Certified ❑ Permitted
Folltm-up cif DSWC review O Other
Date of inspection
'rime.. of Inspection 24 hr. (hh:mm)
Total Time (in traction O' hours
(ex:1.2 for I hr 1; ruin)) Spent on Review r
or inspection (include4 tr:avel:and processing)
(3 \rat O )eraiional Date Last Operated: .................................................................................................................
Farm Name........ '..nr.�^...... Cntaatt►':......... .'i:. ...............
O�'ner Name. f�f nr fc /, j4CA& Phone No:....,......::� `! ;S, f i
i ..j......................................................
Facility Contact: .. �nr �Gr .� 'ritla: Q�� �- Phu1aE No: �.. ...................... .,...............,.......,..........,.,....,.......................................
Mailing .Address.........�.'t ...�........>3 �1 ............ .�i. .4.4.3 .............................................................. ..........................
r
OnsiteRepresentative .............:n:.. In1!!..,`...........,:.................,........................................... Integrator:......................................................................................
Certified Operator: ...,...1`..�,.�.Cl!!'.4�....k�.....L.'�..�?�.f.`..k. ................................... Operator Certification Number :......t..!4�..tQ.�... 1 .....,....
Location of Farm:
s. R..l., . (�....., . m.,.1�....N..w...� �... �.1�.,...c,l........................................
Latitude � ' ���:�©g
Type of Operation
Swine
Design Current Design Current Design Current
Capacity Population Poultry Capacity Population Cattle Capacity Population
❑ Layer ❑ Dairy
L• Op ❑ Non -Layer ❑ Non -Dairy
❑ Wean to Feeder
❑ Feeder to Finish
ElFarrow to Wean
ElFarrow to Feeder
❑ Farrow to Finish
❑ Other
Total Design Capacity 0 p
Total SSLW q
I,.Number of Lagoons / Holding Ponds � ❑ Suhsurface Urains Present ❑ Lagoon Area ❑ Spra► Field .1rea I
General
t. Are there any buffers that need naaitatenance/improvemelat'?
2. Is any discharge observed from any part of the operation?
Di;rharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. Ifdischarge is observed, was the: conveyance nuan-made?
b. If discharge tc observed, diet it reach Surface Watrr? (If yes, notify DWQ)
c. If disc:tr h-v is observed, what is the estimated Ilow in cai/nain?
d. Does. discharge bypass a lagoon system'? 0f yes, notify l]WQ)
3. Is there evidence of past discharge from any pan'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 naana;ement system (other than lagoons/holding ponds) require
4/3U/97
Ilia intenance:/iIII provenwnl?
❑ Yes �\o
❑ Yeti No
,��. ❑ Yes ❑ No
All-1 "❑ Yes ❑ No
J><1 ❑ Yes ❑ No
❑ Yes 0 No
El1
Yes E3
❑ )'es I 1 No
Continued on hack

S
�Cality Number: --
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
8. Are there lagoons or storage ponds on site which need to be properly closed'?
Structures (Lagoons and/or Holding Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure I Structure ? Structure 3 Structure 4
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenanceliniprovement?
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify D«'Q)
13. Do any of the structure: lack adequate minimum or maximum liquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State. notify DWQ)
❑ Yes [3/No
❑ Yes O<No
❑ Yes Q No
❑ Yes 01<O
Structure 5 Structure 6
..................................................................................
❑ Yes Q_ Xo
❑ Yes L� No
❑ Yes 0'o
❑ Yes b No
❑ Yes No
15. Crop type............................................................................................................................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? El Yes ❑`No
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
For Certif ied facilities Onh
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?
Reviewer/Inspector Name
❑ Yes
[K'o
❑ Yes
0<0
❑ Yes
0 No
❑ Yes
[TNo
❑ Yes
E No
❑ Yes ❑ No
❑ Yes ❑ No
[:]Yes ❑ No
Reviewer/Inspector Signature:
Date:
cc: Division of Water Quality, Water Quality Section, Facility Assessinent Unit 4/30/97

ti r PRO P. 02��72
1S:2e FRC ! GEhi WATER QUALITY SECTION TO
Site Requires Immediate Attention - -Z
Facility No. N Z y Y
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: L. , 1995
9
Y _ Time: �?
Farm Name/Owner_E-
Maili.ngAddress:
County: i . - / I. 1
Tnteer-ator.
On Site Representative:
Phvsical AddressA ocation:
�5 2 ; 2
,�
6n",v/j- Z '7 -RZ-7
Phone: 4/
Phone:
Type of Operation: Swine Poultry T� Cattle
Design Capacity: 73 ID Number of Animals on Sire '9 a b -
DEM Certification Number: ACE DEM Certification Number: ACNEWL-
Latitude: 2 13 ' . 1 " Longitude: ? 7 y / ' Z �" Elevation: Feet
Circle Yes. or No
Does the Animal Waste Lagoon have sufficient fTeeboa.rd of I Foot + 25 year 24 hour storm event
(approximately I Foot + 7 inches) Yes o4o Actual Freeboard: Ft. Inches
Was. any seepage observed from the lagoou(s)? IGor No Was any erosion observed? Yes or i o
Is adequate laud available for spray? �o No Is the cover crop adequate? J'ems r No
Crap(s) being utilized:
Does the facility meet SCS n iaimum setback criteria? 200 Feet from Dwellings? e No
100 Feet from Wells? or No
_r animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or
'. animal waste land applied or spray irrigated within 25 F6tt of a liSGS Map Blue Lme? Yes
?; an _real waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices?(or No If Yts. Pleasz Explain.
L
' ►r x-1 titr ficility maintain adequate waste managemcat Tecords (volumes of rtm re, lard applied.
,7s'pray irrigated on specific acreage lwith/c�over crop )'?/JYes of 9
Additional ColIi anm i I v V 1 � � ' � f w }^ r} ` t1/� {il` V, r ! �/ ' l r r ✓
f p
_ I
Signature
cc: Facility Assessment Unit Use Attachments if Needed.
TOTAL P.F2

Facility Number'
SITE VISITATION RECORD
DATE: —� —15 - , 1995
y? - zZ
1&0
Owner: _ -1-r".y i �n-r r/ g` . -e - Farm Name:
County:
s
Agent Visiting Site Phone:
Operator. Phone:
On Site Kcpreseutative, , 1�_, 5, i illt _._ Phone: 4:�S- 11--
Physical Address: _ e' sR : l Zoo.' ., x "�� Irk, ,..r,p , � :oi : �n C. t + J. - r
Mailing Address: 2 4 J t r7 r'rq_�cl rl�. C.
Type of Operation: Swine ✓ Poultry Cattle
Design Capacity: P �o _ Number of Animals on Site:
Latitude: 2% _o _,' "�� Longitude; Zs'- o
Type of Inspection: Ground Aerial
Circle Yes or No
Does the Animal Waste i4goon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(appiraximately 1 Foot + 7 inches) Yes o N§� Actual Freeboard: Feet 0 Inches
For facilities with more than one lagoon, please address the other lagoons' freeboard under the
comments section.
Was any scepagc observed from, the lsgoon(s)?('ics or No Was there erosion of the dam?. Yes or'No,
Is adequate land available for land application?�1or No Is the cover crop adequate? YiQr No
Additi a %+� �t LQ �.r�7�r�zu2 „•-,,;.,.
ott !Commcnts: �, ,` ,►�• ,� �v�r ��•,ar � ;w��� �-������,,��.�:i•:..�
.o..�=, r." .. �'a�'hfa'[�'xT��=�:`;��'.^"t;�re�y:���ntsti�=r�:_�rr:,�..,p;�.��t�r���n r,.s:=-.�4n,a.,�.,�. ..� d crab ►� . —
Fax to [phone] Signature of Agent

Revised April 20, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number V 2- - 2 Z Operation is flagged for a wettable
Farm Name: acre determination due to failure of
On -Site Representative: � Part 11 eligibility item(s) F1 F2 F3 F4
Inspector/Reviewer's Name:�L/
Date of site visit:
Date of most recent WUP: 6 - zi-92
farm PAN deficits Z V5 pounds
Operation not required to secure WA
determination at this time based ors
exemption E1 E2 E3 E4
/ rr
Operation pended for wettabl
-7d
determination based on P12 P3
Irrigation System(s) - circle #: 1. hard -hose traveler; 2. center -pivot system; 3. linear -move system;
4. stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system vrlportable pipe;
6. stationary gun system wlpermanent pipe; 7. stationary gun system wlportable pipe
PAR'r 1. `,ILIA Determination Exemptions (Eligihility failure, Part 11, overrides Part I exemption.)
E1 Adequata irrigation desivn, including map depicting wettable acres, is complete
and signed by an I or PE.
E2 Adequate D, and D21D3 irrigation operating parameter sheets, including map
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.
E4 75% rule exemption as verified in Part III. (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 ill).
PART II. 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 _appiication of wastewater (PAN) on spray
field(s) according to farm's last two years of irrigation7ecords.
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).
4 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 111.
Z ,

Revised April 20, 1999
acility Number q Z - 2 2—
Part III. Field by Field Determination
of
75% Exemption Rule for WA Determination
TRACT
NUMBER
FIELD
NUMBER''2
TYPE OF
IRRIGATION
SYSTEM
TOTAL
ACRES
CAWMP
ACRES
FIELD
%
COMMENTS3
b
o_3
r �
FIELD NUMBER' - hvdrant. null_ zone. or ooint numbers may be used in place of field numhers
denendinn nn CAWMP
and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to
calculate 75% field by field determination for exemption; otherwise operation will be subject to WA determination.
FIELD NUMBER -must be clearly delineated on map. '
COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of its total acres -p_n_d having received less than 50%
of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the
sole basis for requiring a WA Determination. Back-up fields must be noted in -the comment section and must be accessible
by irrigation system.
Part IV. Pending WA Determinations
P1 Plan lacks -following information:
:/P2 Plan revision may satisfy 75% rule based on adequate overall PAN deficit and by
adjusting all field acreage to below 75% use rate
P3 Other (ielin process of installing new irrigation system):
P

ydd STATE aHO
T 4�S J
State of North Carolina
ROY COOPER Department of Justice
A I"rORNEY GENERAL 9001 Mail Service Center REPLY TO:
RALEIGH, NORTH CAROLINA
27699�Jf-XI 1
- MEMORANDUM -
TO: Jay Zimmennan, Supervisor
Aquifer Protection Section
Division of Water Qualtiy
FROM: Jane Oliver
Assistant Attorney General
DATE: August 21, 2006
RE: Clover M Recyclers
04 EHR 1444
Jane L. Oliver
Assistant Attorney General
Environmental Division
Telephone: 919/71 G-6600
Fax: [phone]-G766
_ AUG Z 3 200E i
We have closed our file in the above -referenced case because, on June 21, 2006, this office
received a check for payment of the full settlement amount ($2,822.63). Pursuant to the Settlement
Agreement, Mr. Mohesky dismissed his contested case in the Office of Administrative Hearings on
April 6, 2006.
Let me know if you need any additional information for your records.
cc: Closed Files

ENVIRONMENTAL
Fax:[phone] Feb 28 '06 10:25 P.01
O V E R
FAX
S H E E T
To: ray Zimmerman -
Fax M [phone]
From: Jane L. Oliver
Assistant Attorney General
Subject: Clover M. Recyclers, Inc. NC DENR, DWQ, 05 EHR 1444
Date: February 28, 2006
Pages: 5, including this cover sheet.
'
COMMENTS: FY'I, Mr. Mohesky's attorney will review tho agreement with his cliont arid,/
hopefully he will sign and vvo can put this one to bod.
C�
)
�v a Cyr
N�/�,�
From the Desk of
June L. Oliver, Assistant Attorney Genera[
North CuolinaDepwment orimmcc
EnvimnmMtal Dcpartntutt
900I Mail Soviet Ccntcr
Ralelgk, NC 27609-0001
(DID) 716.660D
(Dl D)71 &6766/Fax
ialivsrfcdn.adrti.c�m
4��

ENVIRONMENTAL. Fax:[phone] Feb 28 '06 10:25
State of North Carolina
RO Y (10011ER nepartment of Justice
;10p 1 Mail Service Czmter RIBILY •ID:
A'1i'f)I�Nl�YC;I:IVt:Ft.�l. RALEIGH. NORTH CAROLINA
27890,9001
Fcbr►tary 29, 2006
Jasotl S. '1'hotnas
Flunton & Williams
Post Office 13ox lag
Raleigh, N.C. 27602
X8fd
Jane L. Uliw
Agi+tailt Attumscy Omivul
1atYirwINP101 DIVWun
Tc kp i wne: 910/716-6600
1'ax: 919n 16.6?66
Ike; Clovcr hI Recyclers, Inc., N,. North Carolina Dopartanent of Environment and
Natun, I Resources, Division of Water Quality; 05 EHR 1444
Denr Ms. Thomas:
Please fold enclosed three originals and one copy of a scttlemenr Agreement proposed 6y
the Dll%- sion of Wnte•r (?unlit} ul tilt; above -referenced ease. We llavc enclosed Chc thud original for
filing Nvith the Office of Adirinistrative Hearings as Notice of setdetncilt. If Your client is in
ngrcerncllt, please obtain the Signature of your client on the o6ginats and return them to nne. I will
then fonvard the agrecmetlt5 to Alan W, Klimek, P.L-., Director of the Division of'%VatcK Qunlicy for
hit; approval and sig naturc. I will return one of the frilly ceecuted originals to you and will, with your
conscm, file one original with the Office of Adnutsistrative Hcaritngs,
If you have any questions, please feel tree to Call mc. Thank you for your eooperatiotl in
this matter.
S incorel)"
!D�V4�,-
Jn1ne L. Oliver
Assis tant Attorney GCrteral
I-ticlosures
cc. Jay 'Zimmerman
ltcgio«:tl Sui+cn i3Ur, ticluifcK Protection Sectiotl, WZ0

ENVIRONMENTAL Fax;919-716-6767
STATE OF NORTH CAROLINA
COUNTY OF WILSON
CLOVER M RECYCLERS, INC.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent,
Feb 28 '06 10:26 P.03
IN THE OFFICE Or -
ADMINISTRATIVE HEARINGS
05 ERR 1444
SETTLEMENT AGREEMENT
AND WITHDRAWAL OIr PETITION
Clover M Recyclers„Inc.. ("Petitioner"), and the North Carolina Departmen,tofEnvironment
and Natural Resources, Division of Watcr Quality, ("Respondent"), hereby enter into this Settlement
Agreement ("Aareernent") in order to amicably resolve matters in controversy between them
pursuant to N.C. Gen. Stat. § 1508-31(b). This matter arose out of the assessment of a civil penalty
and costs totaling three thousand five hundred twenty-cight dollars and twenty-nine ceLlts
($3,528.29) imposed upon Petitioner on August 18, 200$ for violations of North Carolina General
Statutes § 143-215.1 of seq.
Without my hearing of fact or law in the above -styled matter, IT IS THBR FORE AGREED
BY THE PARTIES THAT:
1. In order to avoid the cost and delay of further litigation and without admitting
liability, the parties have entered into this Agreement and lieLve agreed that all parties have been
correctly designated and that there is no question as to misjoinder or nonjoinder,

ENVIRONMENTAL Fax:[phone] Feb 28 '06 10.27 P.04
3. Petitioner will hay Respondent two thousand eight 1tutldr d twenty-iwo dollars and
sixty-thecc cent$ (S2,822.03) in comhloto satisfaction of the above -noted civil penalty asscssn]cnt
in the manner hereinafler described. Payment shall he made in full in one payment which must be
roceived by Respondent within ninety (90) days of the execution of this Sculernent Agreotrtcnt.
Payment shall be made by check and made payable to the North Carolina Department of
Environment and Natural Resources (or "NC DENR"), and deli vcred to the following address.,
Jane L. Oliver
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
Both parties acknowledgo that the payment spocificd in Paragraph #2 is being made
for the purpose of resolving this matter without further litigation and does not constitute an
admission by Petitioner of the allegations in the Findings and Decisions and Assessment of Civil
Penalties.
4. If the terms of Paragraph #2 of this Agreement are violated, Petitioner shall owe
Respondent the entire amount of the original civil penalty assessment, i.e., three thousand five
hundred twenty-eight dollars and twenty-nine touts ($3,528.29),
5. Petitioner expressly agrees that by entering, into this Agreement, he waives, for
purposes of collection of any sums due hcrcundcr, any and all dcfenses to the underlying civil
penalty assessment contested by Petitioner in this matter, and that the issue in any action to collect
said penalties will be limited to issues of compliance with this Agreement.
6. Nothing in this Agreement shall restrict any right of DENR to take any enforcement
action against Petitioner for any new or subsequent violations ofN.C. Gen. Stat. § 1437215.1 et seq

ENVIRONMENTAL Fax:[phone] Feb 28 '06 10:28 P.05
and the relevant rules promulgated thereunder. Similarly, nothing iji this Agreement shall restrict
the right of Petitioner to contest a new or subsegttent en foreemctlt action arising outside of the civil
penalty assessment referenced above.
7. The parties agree that the considcration far this settlement is the promises contained
hcrein acid that this Agreement contains the whole agreement between them.
S. This Agreement shall be binding upon the parties, their successors and assigns, upon
execution by the undersigned, who represent and warrant that they are authorized to enter into this
asreement on behalf of the panics hcroto-
WITHDRAVAL OF PKI1110Lf
9. Entry of this Agreement serves as Petitioner's Withdrawal ofPetition for Contested
Case Hearing in this matter. The parties agree this matter is concluded and that no further
proceedings arc needed or required to resolve the contested case.
FOR THE DIVISION OF NVATER FOR PETITIONER. -
QUALITY:
Alan W. Klimek, P.E., Director
Division of Water Quality
R.H. Mohesky, PrCsident
Clover M Recyclers. Inc.
Date: Date:

01/05/2006 15:20 ATTORNEY GENERAL i 95714718
NO.180 D01
c oy E R -�
FAX
S H E E T
To,. lay Zimmerman
Fax 0: (919) $71-4718
From: Jane Oliver
Assistant Attorney General
Subject: Aquifer Protection Act WRO
Date: January 5, 2006
Pages: 4, including this cover sheets.
COMMENTS: Please see attached letter of same date.
From the Desk of:
KaftKne Kimmerle Aecistant
North Cuolina Department dlustiee
8nvirpnmwal Dop4wrant
9001 Wil savice Cenmr
Rsle{gh, NC 27609-9001
[phone]
(919) 11 6-67661FIX
KKimmcr)c(@ncdoi.com

01/05/2006 15:20 ATTORNEY GENERAL 4 95714718 NO.180 002
FILED
OFFICE OF
ADMINISTRATIVE H"FUNGe
Jin W 9 Off AFC 20"
STATE OF NORTH CAROLINA IN THE OFFICE OF
APMFN1STRATIVE HEARINGS
COUNTY OF WILSON Os EHR 1444
Clover M Recyclers, Inc. )
Petitioner )
VS. ) ORDER
)
N. C. Department of Environment and )
Natural Resources and its Division of }
Water Quality )
Respondent )
Upon the Joint Motion to Continue this contested case, and for good cause shown, the
hearing in this contested case is hereby CONTINUED off the calendar for the week beginning
January 16, 2006. The presiding Judge will file a more definite notice of hearing.
The parties will report to the Court the status of this case on or before February 23,
2006. At that time, the parties and the undersigned will confer to set a hearing date, should
the case proceed to hearing.
This the 4th day of January, 2006.
'I xAl
Boryl E. ade
Administrative Law Judge
:IAN 5 �Gu6

01/05/2006 15:20 ATTORNEY GENERAL. + 95714718
HLMN
WHI"
December 22, 2005
VIA TELEFAX #(919) 716-§766
Jane L. Oliver, Esq.
Assistant Attorney General
Environmental Division
Department of Justice
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
NO.180
HUNTON & WILLIAMS LLP
POST OFFICP. A" IN
RALEICH, NORTH CAROLINA 27602
TEL 919 - 90 ouwD
FAX 919'8X%0012
JASON S. THOMAS
DIRECT DIAL: 0I0-094416
EIMAIW j4d19M 0hUnwn.w,r
FILE NO; 5729011LIUM
DQC NO: 274067.VI
Re: _fiver M. Rec}c a Inc , v, NCDENR. DWQ: 05 E,,HR 1a44
Dear ]ant.
Thank you for Faxing me a copy of your letter of December 14, ZOOS. We have
checked our files, and we still have not received the letter in the mail. Presumably, it will
arrive in the near future.
My client is willing to settle the matter referenced above by paying a reduced civil
penalty of $2,116.00 - approximately 60% of the penalty originally levied. We feet this is a
fair settlement in light of the fact that, among other things. no environmental harm was done;
Mr. Mohesky took prompt action to address the concerns of the Aquifer Protection Section of
the Division of Water Quality; and the Section failed to maintain the chain of custody of
samples taken of the water that concerned the Division, making it impossible for the parties to
know whether the water contained any constituent other than rain water. As is usual in such
settlements, my client will expressly deny any admission ui a violation of statute or regulation.
Regarding the issue of Mr. Mohesky's certification status, we understand that the
Section is ► nwilling to make promises or concessions concerning any future aeduns the
n

01/05/2006 15:20 ATTORNEY GENERAL 4 95714718
NO.180 IP04
JAnc L. Oliver, Esq.
December 22, 2005
Page 2
Division might think warrantcd. We understand that the Division does not presently
contemplate any regulatory or enforcement action against Clover M or Mr. Mohesky other than
the matter referenced above. We do not expect for the settlement agreement to mace refersncc
to any issues not directly related to the case cited above.
Thank you for your kind Attention to this matter.
Very truly yours.
HUNTON & WILLIAMS LLP
Jason S, Thomas
I ST.bhb
Enclosure
cc: Charles D. Case, Esq,
57294.Oi} W RALEICH 279067vI

ROY COOPER
A 70RNEY GENERAL
Jason S. Thomas
Hunton & Williams
Attorneys at Law
Post Office Box 109
Raleigh, North Carolina 27602
IDE
S):Nl+ RALUCH REGIit:;,%' ' 4 r 11
State of North Carolina Reply to
Department of Justice
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-900 I
December 14, 2005
Rc: Clover H. Recvclers, Inc., v. NCDENR, DWQ; 05 EHR 1444
Dear Mr. Thomas:
Jane L. QKver
Assistant Attomey Genera!
Environmental Division
Telephone:[phone]
Facsimile: [phone]
As you know, this office represents the N.C. Department of Environment and Natural,
Resources' Division of Water Quality ("DWQ") in the above -referenced action which is an appeal by
your client, Roland Mohesky and Clover M. Recyclers, of a civil penalty which has been assessed
against your client by DWQ's Aquifer Protection Section. We have reviewed the file with
representatives of the Aquifer Protection Section and wanted to let you know that the Section is
willing to consider settlement of the penalty amount. We will be happy to entertain any such offers
of settlement.
At the same time, we should let you know that the Section is not willing, for purposes of
settlement of this contested case, to make any promises or concessions concerning any future actions
which might be warranted concerning Roland Nlohesky's certification status. We believe that such
an agreement would be contrary to public policy and would be unenforceable.
We look forward to hearing from you and appreciate your attention to this matter.
Sincerely,
Sc &Zi(vv
Jane L. Oliver
Assistant Attorney General
jlo /
cc: Jay Zimmerman
a/
Buster Towel],
Telephone: [phone] Facsimile: [phone] 1 Email: [e-mail]

STATE OF NORTH CAROLINA FILED
COUNTY OF WILSON
1005NOV 28 P12:Sq
CLOVER M RECYCLERS, INC., 0 F F I C E 0 F )
ADMINISTRATIVE
Petitioner, HEARINGS }
V.
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES, AND ITS DIVISION OF }
WATER QUALITY, }
Respondents. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
05 EHR 1444
PETITIONER'S
PREHEARING STATEMENT
COMES NOW Petitioner, Clover M Recyclers, Inc. ("CMR"), pursuant to 26 N.C.A.C.
03.0004, N. C. Gen. Stat. § I5013-33(b)(4), and the Order for Prehearing Statements dated
September 23, 2005 (the "Order"), and files this Prehearing Statement. The numbered
paragraphs in this Prehearing Statement correspond to the numbered items in the Order.
1. Issues to be resolved, and the statutes; rules, and legal, precedent involved
A. Issues to he resalYed
a. Whether the Respondent exceeded its authority, acted erroneously, failed
to use proper procedure, acted arbitrarily or capriciously, or failed to act as required by
law or rule when it issued to Petitioner a Notice of Violation dated April 18, 2005 (the
"NOV") related to the Hale Farm alleging that there was a discharge of swine waste into
the waters of the state;
b. Whether the Respondent exceeded its authority, acted erroneously, failed
to use proper procedure, acted arbitrarily or capriciously, or failed to act as required by
law or rule when it terminated its contract with CMR for work at the Hale Farm; and
C. Whether the Respondent exceeded its authority, acted erroneously, failed
to use proper procedure, acted arbitrarily or capriciously, or failed to act as required by
law or rule, when it assessed a civil penalty against Petitioner in the amount of $3,528.29
related to the NOV.
B. The slalates, rates, a,,ld leealprecedew lvhlch Perltioner ,kriowj- al this tl vie w
he involved in this case ihclade.-
a. N. C. Gen. Stat. § 150B (the Administrative Procedure Act, or the APA);

b. N. C. Gen. Stat. § 143, Article 21 (Water and Air Pollution), especially
N.C. Gen. Stat. § 143-215.1(a),
C. N. C. Gen. Stat. § 14313, Article 7 (Department of Environment and
Natural Resources), especially N.C. Gen. Stat. § 143-282.1;
d. N.C.A.C. title 26, Chapter 3 (Rules of the Office of Administrative
Hearings);
C. N.C.A.C. title 15A, Chapter 2B, Section .0200,
f. N.C.A.C. title 15A, Chapter 2J.
Petitioner reserves the right to supplement this list of authorities as other authorities are
discovered during legal research and preparation for the contested case hearing.
2. Statement of the facts and reasons supporting �the ^Party's position on each issue in
dispute
CMR offers services related to animal waste management. Roland Mohesky
("Mr. Mohesky") has been certified as an Animal Waste Operator by the North Carolina Water
Pollution Control System Operators Certification Commission.
On April 11, 2005, CMR was implementing a Waste Structure Closure Plan ("WSCP") at
the Hale Farm, which plan was developed by Will Mann ("Mr. Mann") of the Fishing Creek Soil
and Water Conservation District. In implementing the WSCP, CMR was acting under contract
with the Division of Soil and Water Conservation, a division of the Department of Environment
and Natural Resources.
The WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon #1 contains 6,876 tbs. of plant available nitrogen ("PAN') in
758,000 gallons of sludge and liquid; Lagoon #2 contains very Iittle nitrogen - only 393 Ibs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since the last
measurement of the lagoons contributed approximately 150,000 additional gallons of water,
further diluting the lagoons. The start date of the WSCP was March 21, 2005, and its closure
end date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to permit spray application of water from the lagoons. The tenant
on the Hale Farm, who wanted to plant cotton, was urging CMR to complete the WSCP.
On the morning of April 11, 2005, Mr. Mohesky for CMR notified Mr. Mann by
telephone that he planned to begin applying water from Lagoon #2 at the Hale Farm to certain
nearby fields, pursuant to the WSCP. The call was to alert Mr. Mann of the beginning of the
work, based on the assumption that he would want the opportunity to inspect the operation. As
noted above, compared with Lagoon #1, Lagoon #2 contained more water but very little PAN or
sludge. Lagoon #2 had not been agitated prior to pumping, and CMR began pumping off top
water, which contained less than 40 ppm nitrogen. The irrigation reels were adjusted to apply
one inch of water per acre per hour, were placed in adjoining lanes in Field #17, and were run
simultaneously beginning at about 12:30 p.m.
During the next hour, Mr. Mohesky inspected the operation three times to assure that it
was operating consistently with the WSCP. During one inspection, Mr. Mohesky noticed that
2

the spray was reaching the farm path, and he adjusted the swing of the reel to prevent water from
being sprayed on the path. He then went to an adjoining field to assist in setting up a third
irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation from the WSCP until Mr. Mann arrived.
At approximately 3:30 p.m. on April 11, 2005, Mr. Mohesky recognized Mr. Mann's
truck as it entered the Hale Farm site, and Mr. Mohesky went to meet him. Mr. Mann alerted
Mr. Mohesky that runoff from Field #17 was crossing the farm .path. Mr. Mohesky immediately
shut off the pump from Lagoon #2 and, using a bulldozer, built a berm to contain the runoff. It
appeared that -the berm halted any runoff from the field. Once it appeared that the situation had
been stabilized, Mr. Mohesky left the site at about 5:00 p.m.
CMR admits that water from Lagoon #2 ran off of Field #17, despite its best efforts to
manage the operation and cope with the spring weather and the needs of the tenant farmer.
There is no evidence of any harm to water quality because there is no evidence that the pond
water being pumped by CMR was anything other than rainwater.
Respondent concluded that CMR "may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty ... may be assessed against a
person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1.-
Respondent ordered CMR to pay a civil penalty of $3,528.29, $3,000.00 for the'alleged
violation, plus enforcement costs of $528.29. Respondent has ordered CMR to pay a fine or civil
penalty and has otherwise substantially prejudiced its rights. Further, Respondent has terminated
its contract with CMR for work at the Hale Farm and has refused to pay for the work that had
been completed. Based on the foregoing facts, the Agency has exceeded its authority or
jurisdiction, acted erroneously, failed to use proper procedure, acted arbitrarily or capriciously
and failed to act as required by law or rule.
3. List of proposed witnesses
Jay Zimmerman, Regional Supervisor, Division of Water Quality, DENR
Buster Towell, Aquifer Protection Section, Division of Water Quality, DENR
Will Mann, Environmental Engineer, Fishing Creek WCD
Carl Dunn, Environmental Engineer, Division of Soil & Water
Conservation
Roland H. Mohesky, President, Clover M Recyclers, Inc.
Petitioner reserves the right to identify additional witnesses as discovery and
investigation proceeds.
4. Discovery
Petitioner anticipates pursuing discovery in accordance with the schedule set forth in the
September 23, 2005 Scheduling Order ("Scheduling Order") issued in this matter. However,
Petitioner is in ongoing settlement negotiations in this matter and, therefore, anticipates filing a
request for extension of discovery in this matter should negotiations continue to be fruitful.

5. Venue Considerations/Location of hearing
Petitioner concurs that venue in Halifax, N.C., as set forth in the Scheduling Order, is
appropriate.
6. Estimated length of hearing
Petitioner estimates the hearing will take one day.
7. Contact information for non -represented parties
Not applicable.
8. Date for hearing
Petitioner concurs that the date for hearing as set forth in the Scheduling Order is
appropriate. However, Petitioner is in ongoing settlement negotiations in this matter and
therefore anticipates filing a request for extension of the hearing in this matter should
negotiations continue to be fruitful.
9. Other special considerations
Other than those listed above, Petitioner is not aware at this time of any special
considerations.
This the 281" day of November, 2005.
HUNTON & WILLIAMS LLP
By: -
Jason S. Thomas
State Bar No. 16527
Post Office Box 109
Raleigh, North Carolina 27602
Telephone: [phone]
ATTORNEY FOR PETITIONER

CERTIFICATE OF SERVICE
This is to certify that I caused a copy of the foregoing PETITIONER'S PREHEARING
STATEMENT to be served on the following individual by depositing a copy of the same in the
United States mail, first class, postage prepaid and addressed as follows:
Jane Oliver, Esq.
Assistant Attorney General
North Carolina Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, N.C. 27699-9001
This the 281h day of November, 2005.
57290.000004 RALEIGH 276976v2

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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
September 26, 2005
1 u i =3Tu CI 1117.E `► MOUT-1
To: Jim Gulick
Senior Deputy Attorney General
From: Dan Oakley
General Counse
larI
Alk
SEP 2 7 205 3
DiV, OF WATER QUA _ITy
D'REC'r6R'S OFFICE
Re: Petition for a Contested Case Hearing;
Clover M Recyclers, Inc. vs. DENR, Division of Water Quality
Attached please find a Petition for a Contested Case Hearing, served on the Office
of General Counsel by Clover M Recyclers, Inc., involving the Division of Water
Quality. Please assign an attorney to represent the Division. Thanks.
DO:np
Attachment
cc: Alan' Klimek (wl attachment)
Mary P. Thompson (w/attachment)
J7�
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state. nc.uslENR1
An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper
4
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No � Carolina
wwoallty

STATE OF NORTH CAROLINA
COUNTY OF WILSON
CLOVER M RECYCLERS, INC.,
Petitioner,
V.
S EP N W 2005
UNV1RO1JIVIEW & IN THE OFFICE OF
'4ATURAL RESOURCERDMINISTRATIVE HEARINGS
05 EHR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, AND ITS DIVISION OF
WATER QUALITY,
Respondents.
PETITION FOR
CONTESTED CASE HEARING
Pursuant to N.C. Gen. Stat. § 150B-23 and 26 NCAC 3.0103(a) of the Rules of the
Office of Administrative Hearings, Clover M Recyclers, Inc., ("Clover M") hereby files this
petition for contested case hearing to appeal the assessment by Respondents of civil penalties for
alleged violations of N.C. Gen Stat. § 143-215.1 (the Letter dated August 18, 2005 re Assessment
of Civil Penalties for Violation(s) of N.C. Gen. Stat. 143-215.1, and Findings and Decision and
Assessment of Civil Penalty, File No. DV-2005-0012 are attached hereto as Exhibit A and
hereinafter referred to as "Findings and Decision").
In support of its petition, Clover M states the following;
Clover M is a North Carolina corporation, doing business in, and in good standing
under the laws of North Carolina.
2. Roland H. Mohesky is the president and registered agen€ of Clover M.
3. Clover M offers services related to animal waste management. Mr. Mohesky has
been certified as an Animal Waste Operator by the North Carolina Water Pollution Control
System Operators Certification Commission.
4. Clover M is a person within the meaning of N.C. Gen. Stat. § 150B-2(7).
5. On April 11, 2005, Clover M was implementing a Waste Structure Closure Plan
("WSCP") at the Hale Farm located in Halifax County, North Carolina. Neither Clover M nor
Mr. Mohesky owned or operated the Hale Farm.
6. The WSCP governs closure of two lagoons at the Hale Farm that were no longer
receiving animal waste: the hog operation at the farm was discontinued during the Spring of
2004. According to the WSCP, Lagoon #1 contains 6,876 lbs. of plant available nitrogen
("PAN") in 758,000 gallons of sludge and liquid; Lagoon #2 contains very little nitrogen - only
393 lbs. of PAN in 965,000 gallons of water and a negligible quantity of sludge. Additional

rainfall since the measurement of the lagoons contributed an additional approximately 150,000
gallons of water, further diluting the nitrogen levels in the lagoons.
7. Waste has not been placed in Lagoon #2 since the Spring, 2004.
8. On April 11, 2005, Clover M began pumping off top water from Lagoon #2 at the
Hale Farm to certain nearby fields.
9. During the hour following commencement of pumping, Mr..Mohesky inspected
the pumping and spray operation three times to assure that it was operating consistently with the
WSCP. During one inspection, Mr. Mohesky noticed that the spray was reaching the farm path,
and he adjusted the swing of the reel to prevent water from being sprayed on the path.
10. Respondent concluded that Clover M "may be assessed civil penalties in this
matter pursuant to G. S. 143-215.6A(a)(2), which provides that a civil penalty .... may be
assessed against a person who is required but fails to apply for or to secure a permit required by
G.S, 143-215.1."
11. Respondent ordered Clover M to pay a civil penalty of $3,528.29, $3,000.00 for
the alleged violation, plus enforcement costs of $528.29.
12. Respondent has ordered Clover M to pay a fine or civil penalty and has otherwise
substantially prejudiced its rights.
13. Based on the foregoing facts, the Agency has exceeded its authority or
jurisdiction, acted erroneously, failed to use proper procedure, acted arbitrarily or capriciously
and failed to act as required by law or rule.
WHEREFORE, Clover M respectfully requests that the Office of Administrative
Hearings grant this Petition for Contested Case.
Respectfully submitted, this the f _ day of September, 2005.
HUNTON & WILLIAMS
BY:
^` Jason S. Thomas
State Bar No. 16527
Post Office Box 109
Raleigh, North Carolina 27602
Telephone: [phone]
ATTORNEYS FOR CLOVER M
RECYCLERS, INC.
-2-

CERTIFICATE OF SERVICE
I certify that this.PETITION FOR A CONTESTED CASE HEARING has been duly
served upon all parties of record by hand delivery to the following:
The Honorable Julian Mann III
Office of Administrative Hearings
424 North Blount Street
C apehart- Crocker House
Raleigh, NC 27601
and by placing a copy in an official depository of the United States Postal Service, first
class mail postage prepaid, addressed to the following:
Mary Penny Thompson
Counsel and Registered Agent
for DENR
1601 Mail Service Center
Raleigh, N.C. 27699-1601
Keith Larick
Division of Water Quality
DENR
1636 Mail Service Center
Raleigh, N.C. 27699-1636
This the. i ! day of September, 2005.
-3-
57290.000004 RALEIGH 2723490

- 'EXHIBR
�. wal^ s' Michael r. Pant . „r
'q U �pG Williarn G ]toss Jr %rrrctar}
es North Carolina DeparMw..nt of Fnntvttirrons and Natural kesourccs
Division 4f W'atr. Qualltti
August 18, 2005
C,F-RTIFTED MAIL
RETURN' RECEIPT R OUES�D
tEFC;1 Il'T # 7002 2410 000; 0274 6990
Mr. R.H. Mohesly
Clover M Recyclers. Inc,
6868,Reedy Branch Road
Rocky Mount, NC 27803
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-2151
Halifax County
File No. DV 2005-0012
i
Dear Mr. Mohesky:
This letter transmits notice of a civil penalty assessed against Clover M Recyclers, InC. in the
amount of $3.529.29, which includes $528,29 in investigative coats. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the: Secretary of
the Department of Environment and Natural Resources and the Director of the Division of W�ter Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty;
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcemett
action for any continuing or new violation(s). Do not include the attached waivet
form if malting payment.
Please send payment to the attention of:
Mr. Keith LBrick
DWQ .
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer ProTecdon Sccucn 1636 Mail Service Center Raleigh, NC 27699.1636 Phone [phone]ummer Service
Internet. :U 2 .en . tatc.n us 2728 Capital Boulevard Raitdgh,NC 27604 Fax [phone]r877-62)-6748

R.H. Mohesky
Pass
August 1S.'OOS
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that 'a request for remission is limited to consideration of the five factors lasted
below as they, may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violations) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing. such a
request most be accompanied by a waiver of your right to an administrative hearing and a
stipulation. and agreement that no factual or legal issues are in dispute. Please prepard a detailed
statement that establishes why you believe the civil penalty should be remitted. and submit it to
the Division of Water Quality at the address listed'below. In determining whether a r�mission
request will be approved, tht following factors shall be, considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-2�2.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation-
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penaltics for any previous N iolatiQns; or
(5) whether payment of the civil penalty will Mevent.,payment for the remaining pecessary
remedial actions.
Please note that all evidence presented in support of your request for remission must a submitted
in writing. The Director of the Division of the Division of water Quality will review our
evidence and inform you of his decision in the matter of your remission request. The�response
will provide details regarding the case status, directions for payment, and provision fdr further
appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee), Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in1support of
your request for remission.
i
In order to request remission, you must complete and submit the enclosed "Request fir
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipltlation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
3, File a petition for an administrative hearing with the Office of Administrative Warings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of ;
Administrative Hearings. You must file the petition with the Office of Administrativp Hearings
within thirty (30) days of receipt of this notice, A petition is considered filed when it �s receivcd
in the Office of Administrative Hearings during normal office hours. The Office of

R.H. Moheaky
Page 3
August IS. 2005
Administrative Hearings accepts filings Monday through Friday between the hours of,8:00 a.m.
.and 5:00 p.m.. except for official state holidays. The original and one (1) copy of the petition,
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hcarings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
i
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as }evidenced
by an internal date/tirne received stamp (not apostmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advisbd that
additional penalties may be assessed for violations that occur after the review period of this assessment.
1f you have any questions, please contact Keith Larick at [phone].
Sincere]
eodore L, Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
.ATTACHMENTS
cc: Jay Zimmerman, Raleigh Regional Office w/ attachments
Buster Towell, Raleigh Regional Office w/ attachments
File DV 2005-0012 w/ attachments
Aquifer Protection Central Files w/ attachments
Susan Massengale w/ attachments

ae!?9 2005 10:56 2529774578
CLOER M1 SERVICES
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMIS SIO N
COUNTY OF HALIFAX
IN THE MATTER OF ASSESSMENT ) ' A'AIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARrNG AND
Clover M Recyclers, Inc. _ ) STIPULATION OF FACTS
FILE NO. _ DV2005-0012
Having been assessed civil penalties totaling $3,528.29 far
violation(s) as set forth in the assessment document of the Director of the Division of water Quality
dated _Aukust 19, 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated r1atter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality wit�in thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remisson request
will be. allowed after thirty (30) days from the receipt of the civil penalty assessment. i
a
This the day of 20
' I
E,�.flifi
ADDRESS
TELEPHONE
PAGE 519' RCVD AT 81291200510:40:02 AM [Eastern Daylight Time]' SWRIRIGHTF04 I DNIS;33213' CS1D;25297T4518' DURATION (mm-ssj:0546

JUSTIFICATION FOR REMISSION RE VEST
DWQ Case Number: DV 2005-0012 County: Halifax
Assessed Party: Clover M Recyclers, Inc.
YermitNo. (If applicable): Amount Assesseds $3.52S.3S►
'Please use this form when requesting remission of this civil penalty. You must also complete. the
"Refluest For Remission Waiver of Ri ht to an Administra 've Hear' and SuPularion of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is; limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual, statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
add; Lutial PAA,:8 as needed).
(a) one or more of the civil, penalty assessment factors_in N.C.G.S. 141B-282.1(h)
were wrongfully ap2lied to the deelgiment of the petitioner (the assessment factors gore listed in
the civil penalty, assessment document);
(b) the violator -promptly abated conAinuine environmental damage resultiAg ftom the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occur"ronoos);
I
(c) the violation was inadvertent or a result of an accident (i.e., expWn why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been ass ssed civil 13enalties for any Rrevigus viol tion ;
(e) payment of the civil penalty will prevent payment fnr the re, nin� nocessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from' performing
the activities necessary to achieve compliance).
EXPLANATION attach additional a es as necessary):

STATE OF NORTH CAROLLN- A
COUNTY OF HALIFAX
IN THE MATTER OF
CLOVER M RECYCLERS, INC
rOR VIOLATIO14S OF
N.C.G.S. 143-215.1
N
NORTH CAROLINA
DEPARTMENT OF EnNIRONMENT kN'D
NATLL-R.AL RESOURCES
FILE NO, DV-2005-0012
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Degartznent 'of
Environment and Natural Resources and the, I)irCCEQr of the Division of Water Quality, I
Theodore L. bush, Jr., 5echon t. 6of of Elie Aquifer PruLuutiun Swtiui, of the Division of Wator
Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Clover M Reeyclers, Inc. is a company organized and existing under the4laws of the
State of North Carolina.
B. Roland H. Mohesky is the owner and registered agent of Clover M Recycliers, Inc..
C. G.S. 143-215.1(u)(1) states, 11... No person shall do any of the f6llo-%4g things or
carry out any of the following activities unless that person has received a e=t from
the Commission and has complied with all conditions set forth in the Permit Make
any outlets into the waters of the State."
D. On Apnl 11, 2005, staff from the Fishing Creek Soil tuxa Water Can.serv4ion District
observed run off of swine waste from the Henry Earl Hale Fans as a result of land
application activity being performed by Clover M Recyclers, Inc. e observed
runoff crossed over a farm path and ran on to property owned_py adjacent
landowners, and continued to flow into an unnamed tributary to Beaver am Swamp.
The umiamcd tributary to Beaver Dam Swamp is Class C Sw NSW %yaers of the
State within the Tar -Pamlico River Basin.
E. Clover M Reeyclers, Inc. had no valid permit for the above -described aetiivity.
r
F. The cost to the State of the enforcement procedures in this matter totaled 528.29.
Based i.ipnn thr ahmp. Findings of Fact, I make the following;

II. CONCLUSIONS OF LAW,
A, Clover M Recyclers, Inc. is a "person" within the meaning of G.S. 143.215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to Beaver Dam Swamp constitutes waters of the State within
the meaning of G.S. 143-215.1 pumant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-2 1 S. I (a)(1), for which apermit is required by G.S- 143-215.1,
D. Clover M Recyclers, Inc, may be 'assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty —
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required b� G.S. 143-
215.1.
E. The State's enforcement costs in this -matter may be assessed against Clover M
Recyclers. Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)($).
i
F. The Section Chief of the Aquifer Protection Section, Division of VV 'ter Quality
pursuant to delegation provided by the Secretary of the Department of Bnvimnment
and Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Clover M Recyclers, Inc. is hereby assessed a civil penalty of:
S for malting an outlet to the waters of the State v4thout a
permit as inquired by G.S. 143-215.1.
S__3 4 D O , F2 ,o TOTAL CIVIL PENALTY
$ 528.29 / Enforcement costs
$_ 3 5-? -,3', -�;? � TOTAL AMOUNT DUE

North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Arthur Mouberry, P. E., Chairman
September 7, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roland.H. Mohesky
P.O. Box 215
Sharpsburg, N.C. 27878-0215
NCDENR
Subject: Show Cause Meeting
Certification #: AW 16629
Facility Name and ID#: Strother Unit #5 (formerly Nash Pig Farm), 64-45, Nash County
Henry Hale Farm, 42-22, Halifax County
Moore Farm, 98-37, Wilson County
Dear Mr. Mohesky:
We have scheduled a meeting for Wednesday, September 21, 2005 at 1:00 p.m. at the
Raleigh Regional Office, located at 3800 Barrett Drive, Raleigh, N.C. to discuss findings during
inspections of the subject facilities on October 18, 2004, April 11, 2005, and July 19, 2005.
On each date, land application of animal waste resulted in ponding and runoff. On
October 18, 2004, and April 11, 2005, animal waste entered surface waters of the State. You
were present on site during each inspection.
We request that you be present at this meeting, and be prepared to show cause why this
office should not, recommend this matter to the Water Pollution Control System Operator
Certification Commission for action.
Upon receipt of this letter, please contact me at 919-733-0026, extension 309, to confirm
the scheduled meeting date and time.
Sincerely,
Je ry Rimmer
Technical Assistance and Certification Unit Supervisor
Cc: Ken Schuster, RRO
TACU
Om
NP Carolina
Water pollution Control System Operators Certification Commission d ►alurally
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Phone: [phone] Fax: [phone] Internet: http://h2o.enr.state.ne.us/tacu/
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST CONSUMER PAPER

=oF warFCO La 7
gQ
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o
CERTIFIED MAIL
RETURN AECEIPT REQUESTED
RECEIPT # 7002 2410 0003 0274 6990
Mr. R.H. Mohesky
Clover M Recyclers, Inc.
6868 Reedy Branch Road
Rocky Mount, NC 27803
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 18, 2005
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Halifax County
File No. DV 2005-0012
Dear Mr. Mohesky:
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against Clover M Recyclers, Inc. in the
amount of $3,528.29, which includes $528.29 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Intemet: htip:1/h2o.enr.sta1e.nc.us 2728 Capital Boulevard Raleigh, NC 27604
tWt
Carolina
uru!!y
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/ l0% Post Consumer Paper

R.H. Mohesky
Page 2
August 18, 2005
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 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 s
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response
will provide details regarding the case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of

R.H. Mohesky
Page 3
August 18, 2005
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
2005fAt (�
GNOf,
91
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Sin,y,
Ldore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Jay Zimmerman, Raleigh Regional Office w/ attachments
Buster Towell, Raleigh Regional Office w/ attachments
File DV 2005-0012 w/ attachments
Aquifer Protection Central Files w/ attachments
Susan Massengale w/ attachments

i
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 2005-0012 County: Halifax
Assessed Party: Clover M Recyclers, Inc.
Permit No. (if applicable): Amount Assessed: $3,528.29
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing, and Stipulation o
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C,G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the. assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare far);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for_the_remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Clover M Recyclers; Inc.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 2005-0012
Having been assessed civil penalties totaling T $3,528.29 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated August 18, 2005, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

I
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
IN THE MATTER OF
CLOVER M RECYCLERS, INC.
FOR VIOLATIONS OF
N.C.G.S. 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV-2005-0012
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
Theodore L. Bush, Jr., Section,Chief of the Aquifer Protection Section of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Clover M Recyclers, Inc. is a company organized and existing under the laws of the
State of North Carolina.
B. Roland H. Mohesky is the owner and registered agent of Clover M Recyclers, Inc..
C. G.S. 143-215.1(a)(1) states, "...No person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from
the Commission and has, complied with all conditions set forth in the permit: Make
any outlets into the waters of the State."
D. On April 11, 2005, staff from the Fishing Creek Soil and Water Conservation District
observed run off of swine waste from the Henry Earl Hale Farm as a result of land
application activity being performed by Clover M Recyclers, Inc. The observed
runoff crossed over a farm path and ran on to property owned by adjacent
landowners, and continued to flow into an unnamed tributary to Beaver Dam Swamp.
The unnamed tributary to Beaver Dam Swamp is Class C Sw NSW waters of the
State within the Tar -Pamlico River Basin.
E. Clover M Recyclers, Inc. had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled S 528.29.
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:
A. Clover M Recyclers, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to Beaver Dam Swamp constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1.
D. Clover M Recyclers, Inc. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty --
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.
E. The State's enforcement costs in this matter may be assessed against Clover M
Recyclers, Inc.'pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Section Chief of the Aquifer Protection Section, Division of Water Quality
pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Clover M Recyclers, Inc. is hereby assessed a civil penalty of:
$ 0: O for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$3 U 0 0, o n TOTAL CIVIL PENALTY
$ 528.29 Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A( c ), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. I (b), which are;
(1) The degree and extent of harm to the natural resources of the State, to public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
..........
( ate) headore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

MEMORANDUM
June 14, 2005
To: Ted L. Bush, Aquifer Protection Section Chief
Through: Jay Zimmerman, RRO Supervisor
Aquifer Protection Section
From: Buster Towell�
Subject: DV Enforcement
Clover M Recyclers, Inc.
Halifax County
The Raleigh Regional Office responded to a call from Mr. Will Mann with the Fishing
Creek Soil & Water Conservation District on April 12, 2005. The call stated that runoff
occurred at the Henry Earl Hale Farm during lagoon closure activity. Mr. R.H. Mohesky
with Clover M Recyclers was awarded the contract from the N.C. Division of Soil &
Water Conservation. The Contract and Waste Plan do not allow run off of wastewater to
waters of the State.
The wastewater ran across a farm path that separates the Hale Farm from property owned
by Mr. Jerry Hamil. The Waste Plan did not allow waste to be applied to Mr. Hamil's
land. The Raleigh Regional Office also did not receive the required 24-hour notification
prior to start of closure proceedings before the activity began.
The Raleigh Regional Office recommends that an enforcement action be taken against
Clover M Recyclers for causing a discharge to waters of the State without the required
Permit.
Please find attached the following pertinent information:
1. DV Enforcement and Assessment Factors.
2. Notice of Violation/Notice of Intent To Enforce dated April 18, 2005.
3. Response letters from Mr. Jason Thomas, Hunton & Williams for Clover M
Recyclers.
4. Letter from Mr. Carl Dunn, Environmental Engineer with the N.C. Division
of Soil and Water Conservation.
5. Lab analysis sheets. (Not Chain of Custody due to time restraints)

Enforcement Memo
Clover M Recyclers, Inc.
Page 2
6. Wetland determination and maps from USDA Soil Scientist, John Gagnon.
7. CD with digital photographs from Carl Dunn.
8. Copies of digital photographs taken by Will Mann, Soil Conservationist, Halifax.
9. Copies of digital photographs taken by RRO staff (Buster Towell)
10. Copy of Waste Plan for lagoon closure at the H.E. Hale Farm.
If additional information is needed please call Buster Towell at [phone].

STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
IN THE MATTER OF
CLOVER M RECYCLERS, INC.
FOR VIOLATIONS OF
N.C.G.S. 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I
Ted L. Bush, Section Chief of the Aquifer Protection Section of the Division of Water
Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Clover M Recyclers, Inc. is a company organized and existing under the laws
of the State of North Carolina.
B. Roland H. Mohesky is the owner and registered agent of Clover M Recyclers,
Inc..
C. Clover M Recyclers, Inc. was awarded a contract to close out two swine
lagoons at the Henry Earl Hale Farm located in Halifax County. The
contract did not allow run off of swine waste from the application site.
D. On April 11, 2005, staff from the Fishing Creek Soil and Water Conservation
District observed run off of swine waste from the Henry Earl Hale Farm as a
result of land application activity being performed by Clover M Recyclers,
Inc.. The observed run off crossed over a farm path and ran across property
owned by adjacent land owners, which continued to flow into an unnamed
tributary to Beaver Dam Swamp which is Class C sw NSW waters within the
Tar -Pamlico River Basin.
E. Clover M Recyclers, Inc. had no valid permit for the above described activity.
F. The cost to the State of the enforcement procedures in this matter totaled
5$ 28.29.

Based upon the above Findings of Fact, [ make the following:
I1. CONCLUSIONS OF LAW:
A. Clover M Recyclers, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to Beaver Dam Swamp constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State
for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S.
143-215.1.
D. Clover M Recyclers, Inc. may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty —five thousand dollars ($25,000.00) per violation may be assessed
against a person who is required but fails to apply for or to secure a permit
required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Clover M
Recyclers, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Section Chief of the Aquifer Protection Section, Division of Water Quality
pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of
Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Clover M Recyclers, Inc. is hereby assessed a civil penalty of:
for making an outlet to the waters of the State without a
permit as required by G.S. 143-2IS. 1.
$ 528.29 Enforcement costs
TOTAL AMOUNT DUE

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

Assessment Factors
Violator: Clover M Recyclers, Inc.
Region: 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:
A small amount of nutrient loading occurred to the swamp. However, it should be
noted that there should have no run off to NSW waters as a result of land
application activity from this site at all.. There was also rutting to fields that were
not included in the Waste Management Plan which are owned by other private
citizens.
2. The duration and gravity of the violation: Approximately 4 hours based on
calculations from Carl Dunn, Environmental Engineer and quotes from Ms,
Joann Hale.
3. The effect on ground or surface water quantity or quality or on air quality:
It is estimated that around 10 lbs of nitrogen was added to the adjacent surface water
as a result of this activity and roughly 14 lbs of phosphorus was also added. Mr.
Will Mann stated that he took several soil boring of the land application field and
determined that the soil was at 50% saturation so these nutrients were also added to
shallow groundwater.
4. The cost of rectifying the damage:
Mr. Mohesky constructed 3 small earthen dams to attempt to contain run off from
The spray field. There was no attempt made to recover any wastewater.
5. .The amount of money saved by noncompliance: None
6. Whether the violation was committed willfully or intentionally: It is doubtful that
there was intent for the wastewater to discharge to adjacent surface waters, however
the overall neglect that was shown at this site should be taken into account.
The response to the NOV/NOI stated that the traveling guns were set to apply 1 inch
of wastewater per hour. The fact that two guns were being used simultaneously and
that both guns either had no restrictor rings or at the very least the largest ones
possible showed that all Mr. Mohesky wanted to do was to move large volumes
of waste from the lagoon in order to get the job done as quickly as possible.
Direct observations of the guns by Carl Dunn affirmed the above statement.

Assessment factors
Clover M Recyclers, Inc.
Page 2
In a statement from Mr. Carl Dunn, Environmental Engineer with the NC Division
of Soil & Water Conservation, he stated that he had spoken to Ms. Hale on 4-12-05.
She noted that Clover M employees were driving tractors across the runoff that ran
across the farm path and into the adjacent land owners field with no one stopping to
correct this matter.
Will Mann with the Fishing Creek Soil & water Conservation District stated that he
observed this same activity when he arrived on site the afternoon of4-11-05.
Finally, the situation seemed serious enough for the N.C. Division of Soil &
Water Conservation to ask Mr. Mohesky to remove his equipment and to nullify
their contract with Clover M Recyclers due to run off from the site. Both Vernon
Cox and David Williams of NCDSWC observed evidence of the event the morning
of April 12, 2005.
7. The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
Clover M Recyclers, Inc. has no prior record of noncompliance that can be
determined at this time.
Mr. R.H. Mohesky, owner and registered agent of Clover M Recyclers and
Clover M Farms does however have a varied history of noncompliance
including several recent (pending) actions.
The cost to the State of the enforcement procedures:
Buster Towell 6 Field Hrs $ 151.10
8 En£ Hrs. 202.80
Jay Zimmerman 1 Enf. Hr. 32.85
Mileage 67 miles 1 way @ .311mile 41.54
Administrative Cost 100.00
Total Cost $ 528.29
Assessment Factors

Clover M Recyclers, Inc.
Page 3
9. Type of Violator: Contract Waste Applicator
10. Violators degree of cooperation (including efforts to restore) or recalcitrance:
Mr. Mohesky did cooperate with Will Mann on April 11, 2005 when the initial run
occurred from the spray field. He constructed several temporary earthen berms
in order to keep additional waste from running off the site.
11. Mitigating factors: None
12. Assessment factors:
A. I WC -----NA
B. Receiving Stream-----ut to Beaver Dam Swamp Tar -Pam River Basin
C. SOCLIOC-----NA
D. Copy of MP Screen ----- NA
E. Copy of Limits Page ----- NA
F. Damage --------- small nutrient loading to NSW stream/private property damage
Certification:
I certify that the information in this report is true to the best of my knowledge.
I , � -4�f�L �, - ! y o-'
Principal Investigator Date

Mloheel F. Eaelay, Governor
wllu m 0. Rau Jr., scaatmr
Noah Caroiino Deportment of Sa irmaumi vM14toral Itaso m
Alan W. Kluaek. RE, Director
Divlsloa of wow Quality
April 18, 2005 -
Mr. R.H. Mohesky
Clovcr M Recyclers, Inc.
6868 Reedy Branch Road
Rocky Mount, North Carolina 27803
Subject: Notice of Violation
Intent To Enforce
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Halifax County
Dear Mr. Mohesky:
On April 11, 2005, the Raleigh Regional Office received a call from Mr. Will Mann with the
Fishing Creek Soil and Water Conservation District reporting that he had observed a discharge of
swine waste from land application activity on the Henry Earl Hale Farm earlier that day. The land
application activity was odrlducted as part of a lagoon closure to satisfy requirements of the
Swine Lagoon Buy Out Program administered by the N.C. Division of Soil and Water
Conservation.
Mr. Marro stated upon arriving on site he observed two traveling guns spraying wastewater on
the field located directly behind the home of Mr. Halo. He stated that wastewater was actively
running across the farm path through the adjacent :field and also through a waterway into the
woods and into the adjacent swamp. Mr. Mann stated that he also observed run off from the spray
field into a farm ditch on the far side of the field. Mr, Carl Dunn, Envirorumental Engineer, with
the State Division of Soil and Walter Conservation arrived on site at approximately 7:00 PM the
evening of April 11, 2005. He and Mr. Mann collected samples of the run off and took a series of
photographs.
Mr. Buster Towell met with Carl 17urA Mr. Vernon Cox, and Mr. David William of the
Division of Soil and Water Conservation the morning of April 12, 2005, Mr. Towell collected
additional sampled and Mr. Dunn estimated that there had been approximately 145,000 gallons
removed from the secondary lagoon. It was estimated that at least 100,000 gallons ran off site and
into an unnamed tributary to Beaverdam Swamp which is Class C sw NSW waters within the
Tar -Pamlico River Basin.
The above referenced discharge of swine waste into waters of the State is a violation of North
Carolina General Statute 143.215.1(a), and as such is subject to civil penalties of up to
S 25,000.00 per day. 141(mcwy
North Carolina Division of WMar Quality 1617 Mall Sarwlce Crater tleltillk NC 27690.1617 Phone [phone] S Customer Service
Internal hpp.an►.s1alE ne us ! 12 N, Salisbury St. ltaleio, NC 276M FAX [phone]
An Equal 0ppavtu */AfRrrndJW Alan Employe!- 50% Raydodl10% Post Consumer Pepe

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Mr. R.H. Mohdky
NOVIN'OI
Page 2
Please respond to this Notice in within ten days of your receipt. Your response should
include a detailed Summary of the aforementioned land application event and any other pertinent
information relating to this iteldent.
if you have any questions regarding this Notice you should contact Buster Towel] of the
Raleigh Regional Office Aquifer PMteetion Section at [phone].
Sincerely,
S. mmern=. L.G.
Regional Supervisor
Cc: Fishing Creels SWCD, (Halifax County)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
RRO Files

Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
e Print your name and address on the reverse
so that we can return the card to you.
a Attach this card to the back of the mailpiece,
or on the front if space Derrnitc
R. R.H. MOHESKY
LOVER ht RECYCLERS.INC.
368 REED1 BRANCH ROAD
()CI;Y MoIJNT, NORTI CAROUNTA 27903
;18105 Ap TOWBLL NOV F!_aLIFAN CO ,^l
C`' 1
A
X
Agent
B. Recei d by (Pri arne}, O—pate of Deliver. D. Is delwerj address different from item t? ❑ yes
If YES, enter delivery address below; ❑ No
3. Service Type T
❑ Cenrw. Mad ❑ Express Mail
❑ Registered ❑ Return Receipt for Me OMWAiSE
❑ Insured Mail ❑ C.O.D.
4. Restricted Deiivery? (Extra Fee) 0 Yes
7002 0860 0006 5841 7329
,s Form 3811, August 2001 Domestic Ratum Receipt M t

IA
April 27, 2005
Mr. Buster Towell
N. C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
HUNTON & WILLIAMS LLP
POST OFFICE BOX 109
RALHIGH, NORTH CAROLINA 276t12
TEL 919.899 •3000
FAX 919.833 •6352
JASON S. THOMAS
DIRECT DIAL: 919-899-3416
EMAIL: [e-mail]
FILE NO: 57290.00000
DOC NO: 263126. V I
Re: Clover M Recyclers, Inc. - Notice of Violation; Intent to Enforce;
Discharge of Waste from H. E. Hale Farm Without a Permit
(Halifax County)
Dear Mr. Towell:
This letter confirms our agreement during a telephone conversation on Tuesday
afternoon concerning responding to a Notice of Violation, dated April 18, 2005
("NOV"), sent to Clover M Recyclers, Inc. In the NOV, Clover M Recyclers, Inc., is
given 10 days after receipt to respond. During our conversation, we agreed that Clover
M Recyclers, Inc., has until May 20, 2005, to respond to the NOV. Thank you for this
consideration - we will need this additional time to learn the facts related to the NOV
and to write a response.
The NOV mentions sampling and photographs of the discharge. I would like to
review the photographs and the sampling results when they become available, as well as
any other documentation related to the NOV and the discharge. Please let me know
when the sampling results are available, and I will arrange to have all the relevant
documentation collected at that time.
AfLANfA AUSTIN BANGKOK [)[tUSSF[.S C'I IARI.d)1"I7i [)ALLAr W.lNG Kl,lNG K.,No XVILLI,*
LONI)ON McLHAN MI.V01 NFWYORK NORFOU RA1.17.101 RICHMOND S11`;GAP0111: VAS€I1iJGF)N
wwwAtuillon,com

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HtNTON&
WUIAMS
Mr. Buster Towell
April 27, 2005
Page 2
With best regards, we are,
Very truly yours,
HUNTON & WILLIAMS LLP
Jason S. Thomas
3ST:bhb
cc: Mr. Carl Dunn
Environmental Engineer
Fishing Creek (Halifax) WCD
P. O. Box 8
Halifax, North Carolina 27839-0008
99999.001101 RALEIGH 263126vI

}
May 20, 2005
VIA FACSIMILE to 919 571-4718
ANU) FIRST CLASS MAIL
Mr. Buster Towell
N. C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
HUNTON & WILLIAMS LLP
POST OFFICE BOX 109
RALEIGH, NORTH CAROLINA 27602
TEL 919 • 899 •30N)
WAX 9I9.933 •6352
JASON S. THOMAS
DIRECT DIAL: 919-899-3416
EMAIL: jslhomas(abhunion com
FILE NO: 57290,000004
DOC NO: 264717,V2
Re: Clover M. Recyclers, Inc. - Notice of Violation; Intent to Enforce;
Discharge of Waste from H. E. Hale Farm Without a Permit (Halifax County)
Dear Mr. Towel I:
On behalf of Clover M. Recyclers, Inc. ("CMR"), this letter responds to your April 18,
2005, letter, consistent with our agreement to delay the time that a response was due until
today. Thank you again for that extension; it was helpful and necessary in gathering the facts.
Your letter of April 18 is labeled a Notice of Violation and Intent to Enforce ("NOV") sent to
CMR, related to operations at the Hale Farm in Halifax County, North Carolina. CMR hopes
that the ±alms related below will assist the Division of Water Quality ("DWT) in �v 111.;itilg
those operations and the NOV.
The NOV asserts that on April 11, 2005, swine waste ran off the site and into a
tributary of Beaverdam Swamp, in violation of N.C.G.S. § 143-215. 1 (a). That statute requires
that a permit be issued before certain activities may be conducted. From this, we assume that
DWQ alleges that the runoff of swine waste on April 1 I violates the terms of a permit
applicable to the operations at Hale Farm.
On April 11, CMR was implementing a Waste Structure Closure Plan ("WSCP")
developed by Will Mann of the Fishing Creek Soil and Water Conservation District. The
WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon #1 contains 6,876 lbs. of plant available nitrogen ("PAN") in
:1i'L.\N';,k AUSTIN BANGKO K 13R1;ti.` i;LS (IIAkIJJI-1T' LIAI_LA, HONE KON KNi,iXVILLI+
LONDON NIO.ISAN ,MIANU NF,W PORK NORFOL.K VALERA] Rlc'f1,41(IN[7 ',[N6A110RF WASHINGTON

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HUNTON&
WHIIAMS
Mr. Buster Towell
May 20, 2005
Page 2
758,000 gallons of sludge and liquid; Lagoon #2 contains very little nitrogen - only 393 lbs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since the last
measurement of the lagoons contributed an additional approximately 150,000 gallons of water,
further diluting the lagoons. The start date of the WSCP was March 21, 2005, and its closure
end date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to permit spray application of water from the lagoons. The tenant
on the Hale Farm, who wanted to plant cotton, was urging CMR to complete the WSCP.
On the morning of April 11, 2005, Mr. Mohesky for CMR notified Mr. Mann by
telephone that he planned to begin applying water from Lagoon No. 2 at the Hale Farm to
certain nearby fields, pursuant to the WSCP. The call was to alert Mr. Mann of the beginning
of the work, based on the assumption that he would want the opportunity to inspect the
operation. As noted above, compared with Lagoon #1, Lagoon #2 contained more water and
sludge, but very little PAN. Lagoon #2 had not been agitated prior to pumping, and CMR
began pumping off top water, which contained less than 40 ppm nitrogen. The irrigation reels
were adjusted to apply one inch of water per acre per hour, were placed in adjoining lanes in
field #17, and were run simultaneously beginning at about 12:30 pin.
During the next hour, Mr. Mohesky inspected the operation three times to assure that it
was operating consistently with the WSCP. During one inspection, Mr. Mohesky noticed that
the spray was reaching the farm path, and he adjusted the swing of the reel to prevent water
from being sprayed on the path. He then went to an adjoining field to assist in setting up a
third irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation from the WSCP until Mr. Mann arrived, as discussed below.
At approximately 3:30 pm on April 11, Mr. Mohesky recognized Mr. iVlani['S trodk a, it
entered the Hale Farm site, and Mr. Mohesky went to meet him. Mr. Mann alerted Mr.
Mohesky that runoff from field #17 was crossing the farm path. Mr. Mohesky immediately
shut off the pump from Lagoon #2 and, using a bulldozer, built a berm to contain the runoff. It
appeared that the berm halted any runoff from the field. Once it appeared that the situation had
been stabilized, Mr. Mohesky left the site at about 5:00 pm.
CMR regrets that water from Lagoon #2 ran off of field #17, despite its best efforts to
manage the operation and cope with the spring weather and the needs of the tenant farmer.
Fortunately, there is no evidence of any harm to water quality, because the pond water
contained such low levels of nitrogen in it, and the fact that remedial steps were taken
immediately upon discovery.
57290.000004 RALEIGH 264717v2

Mr. Buster Towel]
May 20, 2005
Page 3
CMR is aware that samples of water have been collected and analyzed from one of the
lagoons, from near the berm, and from a tributary to Beaverdam Swamp. Although the lack of
chain of custody prevents their usage for formal purposes, the sample results appear to support
the conclusion that very little, if any, nitrogen from Lagoon #2 was present near the berm, and
virtually none entered the Beaverdam Swamp tributary.
CMR and Mr. Mohesky hope that this single, isolated incident will not undermine the
confidence that the Division of Soil and Water Conservation and other governmental and
private entities may have that CMR can continue to work on lagoon closures in a manner that
is consistent with approved plans. CMR believes that this work is important and is committed
to implementing the plans properly. CMR will continue to meet with State personnel to
discuss lagoon closures to help assure that the closures meet all applicable requirements.
If it would be helpful for CMR or Mr. Mohesky to provide any additional information,
please do not hesitate to contact me. With best regards, we are
Very truly yours,
HUNTON & WILLIAMS LLP
Jason S. Thomas
JST:bhb
cc: Mr. Will Mann
Environmental Engineer
Fishing Creek (Halifax) WCD
P. O. Box 8
Halifax, North Carolina 27839-0008
Mr, Carl Dunn
Environmental Engineer
Division of Soil & Water Conservation
943 Washington Square Mall
Washington, North Carolina 27889
57290.000004 RALEIGH 264717v2

a
HUNTON&
WRL"s
May 23, 2005
VIA FACSIMILE to [phone]
AND FIRST CLASS MAIL
Mr. Buster Towell
N. C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
HUNTON & WILLIAMS LLP
POST OFFICE BOX 109
RALEIGH. NORTH CAROLINA 27602
TEL [phone]
FAX 919.833 •6352
JASON S. THOMAS
DIRECT DIAL: 919-899.3416
EMAIL: [e-mail]
FILE NO: 57290.000004
DOC NO: 264717.V3
CORRECTED COPY OF
MAY 20, 2005 LETTER
Re:; Clover M. Recyclers, Inc. - Notice of Violation; Intent to
Enforce; Discharge of Waste from H. E. Hale Farm Without a Permit
Dear Mr. Towell:
On behalf of Clover M. Recyclers,, Inc. ("CMR"), this letter responds to your April 18,
2005, letter, consistent with our agreement to delay the time that a response was due until
today. Thank you again for that extension; it was helpful and necessary in gathering the facts.
Your letter of April 18 is labeled a Notice of Violation and Intent to Enforce ("NOV") sent to
CMR, related to operations at the Hale Farm in Halifax County, North Carolina. CMR hopes
that the facts related below will assist the Division of Water Quality ("DWQ") in evaluating
those operations and the NOV.
The NOV asserts that on April 11, 2005, swine waste ran off the site and into a
tributary of Beaverdam Swamp, in violation of N.C.G.S. § 143-215, l(a). That statute requires
that a permit be issued before certain activities may be conducted. From this, we assume that
DWQ alleges that the runoff of swine waste on April I l violates the terms of a permit
applicable to the operations at Hale Farm.
On April 11, CMR was implementing a Waste Structure Closure Plan ("WSCP")
developed by Will Mann of the Fishing Creek Soil and Water Conservation District. The
AI'LANTA AUSCIN I1ANGKOK BRUSSELS �-IIARUYC TV. DALLAS HONGKONG KNOXVILLE3
L.ONDON McLEr1N MUVA1 NIWYORK NORFOLK RAL-1611 RICHMOND SIN(;APORF 1vr1SHIN(:,TON
www' Ituatolixoni

1x HUNTOi &
7WHIIAMS
Mr. Buster Towell
May 23, 2005
Page 2
WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon #1 contains 6,876 lbs. of plant available nitrogen ("PAN") in
758,000 gallons of sludge and liquid; Lagoon #2 contains very little nitrogen - only 393 lbs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since the last
measurement of the lagoons contributed ail additional approximately 150,000 gallons of water,
further diluting the lagoons. The start date of the WSCP was March 21, 2005, and its closure
end date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to permit spray application of water from the lagoons. The tenant
on the Hale Farm, who wanted to plant cotton, was urging CMR to complete the WSCP.
On the morning of April 11, 2005, Mr. Mohesky for CMR notified Mr. Mann by
telephone that he planned to begin applying water from Lagoon No. 2 at the Hale Farm to
certain nearby fields, pursuant to the WSCP. The call was to alert Mr. Mann of the beginning
of the work, based on the assumption that he would want the opportunity to inspect the
operation. As noted above, compared with Lagoon #1, Lagoon #2 contained more water but
very little PAN or sludge. Lagoon #2 had not been agitated prior to pumping, and CMR began
pumping off top water, which contained less than 40 ppm nitrogen. The irrigation reels were
adjusted to apply one inch of water per acre per hour, were placed in adjoining lanes in field
#17, and were run simultaneously beginning at about 12:30 pm.
During the next hour, Mr. Mohesky inspected the operation three times to assure that it
was operating consistently with the WSCP. During one inspection, Mr. Mohesky noticed that
the spray was reaching the farm path, and he adjusted the swing of the reel to prevent water
from being sprayed on the path. He then went to an adjoining field to assist in setting up a
third irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation from the WSCP until Mr. Mann arrived, as discussed below.
At approximately 3:30 pm on April 11, Mr. Mohesky recognized Mr. Mann's truck as it
entered the Hale Farm site, and Mr. Mohesky went to meet him. Mr. Mann alerted Mr.
Mohesky that runoff from field #17 was crossing the farm path. Mr. Mohesky immediately
shut off the pump from Lagoon #2 and, using a bulldozer, built a berm to contain the runoff. 1t
appeared that the berm halted any runoff from the field. Once it appeared that the situation had
been stabilized, Mr. Mohesky left the site at about 5:00 pm.
CMR regrets that water from Lagoon #2 ran off of field #17, despite its best efforts to
manage the operation and cope with the spring weather and the needs of the tenant farmer.
Fortunately, there is no evidence of any harm to water quality, because the pond water
57290.000004 RALEIGH 2647170

4 . . 1/6,
r
HUNPON&
WHIIAMS
Mr. Buster Towell
May 23, 2005
Page 3
contained such low levels of nitrogen in it, and the fact that remedial steps were taken
immediately upon discovery.
CMR is aware that samples of water have been collected and analyzed from one of the
lagoons, from near the berm, and front a tributary to Beaverdam Swamp. Although the lack of
chain of custody prevents their usage for formal purposes, the sample results appear to support
the conclusion that very little, if any, nitrogen from Lagoon #2 was present near the berm, and
virtually none entered the Beaverdam Swamp tributary.
CMR and Mr. Mohesky hope that this single, isolated incident will not undermine the
confidence that the Division of Soil and Water Conservation and other governmental and
private entities may have that CMR can continue to work on lagoon closures in a manner that
is consistent with approved plans. CMR believes that this work is important and is committed
to implementing the plans properly. CMR will continue to meet with State personnel to
discuss lagoon closures to help assure that the closures meet all applicable requirements.
If it would be helpful for CMR or Mr. Mohesky to provide any additional information,
please do not hesitate to contact me. With best regards, we are
Very truly yours,
HUNTON & WILLIAMS LLP
Jason S. Thomas
JST:bhb
57290.000004 RALEIGH 2647170

North Carolina
Department of Environment and Natural Resources
Division of Soil and Water ConservationWL
��►
Michael F. Easley, Governor
William G. Ross, Jr., Secretary NCDENR
David S Vogel, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE5
To: Buster Towell — Environmental Specialist
Division of Water Quality - RRO
Date: May 17, 2005
From: Carl Dunn, PE -- Environmental Engineer
Division of Soil and Water Conservation — WaRO: ,
Subject: Hale Farm — Halifax County
Facility Number 42 — 22
I have prepared a summary of the events surrounding the application of waste
from the animal waste lagoon that occurred on the Henry Hale Farm on the day of April
11, 2005. l was called to the site on that afternoon by Mr. Will Mann of the Fishing
Creek Soil and Water Conservation "District Office concerning the fact that the lagoon
closure plan had not been followed correctly. This farm is being closed under the Flood
Plain Buyout Program though the Division of Soil and Water Conservation. The lagoon
closure plan states that animal waste must be applied in such a manner that there shall
be no runoff from the application fields. I arrived at the farm at approximately 6:00 pm
to assess situation and made the following observations.
Animal waste appeared to pond at edge of the farm road. The pond of
animal waste had been created by a small earthen dike at the edge of the
application field. Some animal waste was still flowing around the edge of the
dike into the pond area and then flowing across the road into a grass
waterway.
2. The animal waste had run from the field, crossed the farm road, traveled into
the field on the other side of farm path, entered a grass waterway, and finally
discharged into what appeared to be a swamp.
3. Waste had been applied to the fields using two Nelson 150 irrigation guns.
The guns were part of a hard hose traveling system to apply waste. The
guns appeared to have the largest ring diameter possible. The ring diameter
is part of the irrigation mechanism that helps dictate the actual rate of
application of animal waste to the field.
4. A factor that also affects runoff from an irrigation field is the current moisture
content of the soil. The soil can only allow a certain volume of water to
infiltrate into the soil profile over a given time." If the infiltration rate is
exceeded or the current moisture holding capacity of the soil is exceeded,
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

then runoff will occur. In my opinion the infiltration rate and the current
moisture holding capacity of the soil had both been exceeded during this
waste application event. This led to the discharge of animal waste from the
field.
5. 1 also observed that the application field had a crown shape with slopes to
both sides. Thus, the waste ran off both sides of this field. A small earthen
dike similar to the one by the farm road had also been created on the
opposite side of the application field to try to catch runoff from the field before
it could enter a field ditch.
6. Samples were pulled from the pond of waste beside the farm path and from
the area that I perceived to be a swamp where the waste entered. The
sample results are attached. The sample labeled F is from the field edge and
the sample labeled S is from the swamp.
7. It was now too dark to conduct any further investigation, so I would continue
on the morning of the next day, which is April 12, 2005.
8. On the morning of April 12, 2005 1 arrived at the farm and greeted Mr. and
Mrs. Hale. I asked Mrs. Hale if she had any knowledge of the waste
application activities on the previous day. She stated that the application
event started sometime between 11:00 am and 1:00 pm. She left her house
at 11:00 am and there was no activity and when she returned around 1:00 pm
waste was being applied to the field and the waste was already running
across the road at this time. She saw a Clover M employee driving through
the waste, but making no effort to stop the waste.
9. 1 then measured the lagoon to determine the volume of waste that had been
applied to the field. The lagoon surface area at the water level was
approximately 0.44 acres. I observed that approximately 12 inches of waste
had been removed from the lagoon. This would indicate that approximately
144000 gallons of waste was removed from the lagoon.
10. 1 calculated the volume of waste that would likely flow through the irrigation
guns, if the guns were operated properly. A Nelson 150 gun should operate
at a pressure of no less than 50 psi. This gun operating at a pressure of 50
psi with the largest possible ring would apply 350 gallons of waste per minute.
This means that two guns could apply at least 700 gallons per minute of
waste to the field and likely this number of gallons is higher because this is
the minimum operating pressure.
11. A total of 3.4 hours is required to apply 144000 gallons of waste at 700
gallons per minute. If the application rate were increased to 800 gallons per
minute, which is very feasible with this irrigation equipment, then the total
time to apply 144000 gallons drops to just three hours. This time frame
would fit the time frame that l was given by Mrs. Hale and Mr. Mann for when
the application event started and when it was ended. This supports the initial
calculation of the volume removed from the lagoon.
943 Washington square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

12. The soil conditions likely did not permit more than one third of this volume of
waste to infiltrate into the soil. Thus, the amount of animal waste that likely
discharged from the field was close to 100000 gallons.
13. 1 also examined how the two irrigation guns were spaced within the field. The
two guns were found to be approximately 200 feet apart. This spacing is
inappropriate for the two guns in this system. The guns have too much
overlap, which would further exacerbate the runoff problem.
The conclusion of this investigation is that waste was not applied in the manner
specified in the lagoon closure plan. Waste was not to be applied where it would run
off the application field. I hope this summary is useful to your investigation into this
matter. If l may be of further assistance, please let me know. Thank you very much.
Cc: ❑SWC WaRO
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

NCDA&CS Agronomic Division Phone: [phone] Well Site:www.nrngrcom/agronotni/ . , ; : Report: •WQ8018
Grower:-
Dunn, William
copies To:
-
943 Washington Sq Mall
Washington, NC 27889
Waste
Analysis eport
Farm Hale
4/15/2005
Beaufort County
Sample Information
Laboratory Results (parts per million unlessotherwise. noted)
' x
Sample La:
N
P K Ca Mg S
Fe Mn Zn
Cu
B
Mo
Cl C
F
Total NA
16.0 410 134 35.6 35.3
3.08 0.25 1.20
0.16
0.45
IN--N
Waste Code.
-NH4
ALS
-NO3
Na Ni Cd Pb Al
Se Li pH
SS
C.N
DM%
CCE% ALE( )
Description:
OR-N
102
7.71
;wine Lagoon Li ,
Urea
Recommendations:
Nutrients Available for First CM
Ibs11OOOjZaHdns
other Elements
.
lbs/T000 allonc
ipplieation Metbod
N P205 K20 Ca htg S Fe . Mn Bn
Cu
B Mo Cl
Na. `
M
Cd r Pb.'.
Al: Se Li
Broadcast
0.13 0.21
3.3 0.78 0.21 0.21 0.02 , T 0.01
T
T
. 0.85 . -
Imption
0.13 0.21
3.3 0.78 0.21 0.21 0.02 T 0.01
T
T
:0.85
Sample Information
P
Laboratory Results million unless otherwise: noted
rY (Pm'�: Pam' }
-r
Farnple IM
N
P K Ca Mg S
Fe Mn Zn
Cu
B
Mo
Cl C
5
Total 12.5
5.98 I45 89.7 20.6 23.3
1.97 0.15 0.81
0.14
0.26
IN-N
Maste Code:
-NH4
A S
-NO3
Na Ni Cd Pb Al
Se Li p H
SS
C.N
DM%
CCE% ALE ( )
Description:
OR-N
50.4
7.51
;wine Lqgqoii Li .
Urea
lecommendations:
.Nutrients Available for First Crop
lbs/1000 allm
Mer Elements
ibs/1000 affi s
1ppllmlionMethod
N P205 K20 Ca Mg S 'Fe Mn Zn
Cu
B Mo Cl
Na
m
Cd-- -'Pb
Al' ; Se Li .
Bro:nkasl
0.05 0.08
1.2 0.52 '0.I2 0.14 0.01 T 0.01
T
T
0.42
Irrigation
0.05 0.08
1.2 0.52 0.12 0.14 0.01 T 0.01
T
T
0.42

NCDARtCS Agronomic Division Phone: [phone]G5$ Web Site: www.ocatgr.com/agranomi/:
Report: W08849,
Grower.
Dunn, William
Copies To:
A
943 Washington Sq Mail
Washington, NC 27889
WasteAnaly'sisReplort
Farm..
5/12/2005
Beaufort County
Sample Information
Laboratory Results (parts per million°unless otherwise noted)
_
Sample ID:
N
P K Ca Mg S
Fe Mn Zn
Ca
B MO CI C
HLIQ2
Total 15.8
23.3 599 83.1 38.4 12.4
1.91 0.26 1.90
0.33
1.10
IN-N
Waste Code:
-NH4
AL5
-NO3
Na Ni Cd Pb Al
Se Li pH
SS
ON DM% CCF% ALE%gal)
Description:
OR-N
130
9.5
Swine LaWon Li .
Urea
Recommendations:
Nutrients Available for First Crop
dbs1I000 allons
Other Elements Ibs1I000 g4lons
Application Metbod
N P205 K20 Ca Mg S Fe Mn 2'n Cu
B MO, Cl
Na
Ni Cd Pb Al Se Li
lrri&ttion
0.07 0.31 4.8 0.49 0.22 0.07 0.01 T 0.01 T
0.01
1.1
Broadcast
0.07 0.31 4.8 0.49 0.22 0.07 0.01 T 0.01 T
0.01
1.1
The pH of the lagoon liquid is higher than normally found in treatment lagoons. Take follow-up samples to determine if pH remains high over time. Contact a Technical Specialist to he sure that the waste treatment
systemis worldng properly.

LINTY HALIFAX
/ER BASIN:
PORT TO RRO Rev"W Office
LI.ECTORIS! : B TOWELL
Mut" BOD Rangy 5-65
DIVISION OF WATER QUALITY
Cbemhiry labwa"7 Step— I w— Qnoluy
Q.SAMPIF TYPE
PfUnRirY
❑ AMBIENT ❑ QA
❑ STREAM
❑ COMPLIANCE Y❑ CHAIN OF CUSTODY
❑ LAKE
❑ EkORGENCY V15�
❑ ESTUARY
SoAm Lenefm HE HALE FARM DMCHARGE
Lab Number :
SW2092
Dale Recr d :
41I V-NM
Time Rcmwd :
1:40 PM
❑ EFFLUENT
Roceired By
HMrM
❑Bt-C---4I
h
Dames
4f21f20Q'S.
1
1r
_

NC DENR/DWQ Chemistry Laboratory
A
to: Sample Condition Upon Receipt Anomaly Report (SCUM
db Number:..1%�N� {/ '
NSample ID: �' _ Station Location:
"ounty: FALY
cc Region: f
collector: G t-1, _ _ Date collected: I 1 ram_ Date received: 0 0
Priority: Sample Type:
Affected Parameter(s)-
The condition of these samples were not acceptable because (check all that apply):
❑ Coolers ❑ Samples (affected samples are described below)
❑ Samples were not received on wet ice ❑ Samples not received, but listed on fieldsheet
❑ No temperature blank submitted (see comments): ❑ Samples received, but not listed on fieldsheet
❑ Sample T° reading : °C ❑ Samples not received, but listed on COC
❑ Cooler TO reading: °C ❑ Samples received, but not listed on COC
❑ Temperature >6°C. To reading: °C ❑ Mislabeled as to tests, preservatives, etc.
O Samples frozen ❑ Holding time expired
❑ Improper container used
❑ Containers ❑ Insufficient quantity for analysis
❑ Leaking
❑ Broken
❑ Without labels
❑ VOA vials with headspace
❑ Sulfide samples with headspace
❑ Container Labels
❑
Not the same ID/info. as on COC
❑
Not the same lVinfo. as on fieldsheet
❑
Incomplete. Missing the following:
❑ Station #/Sample ID
❑ Collection date
❑ Collector
❑ Analysis
❑ Preservative
❑ Other:
❑
Markings smeared or illegible
❑
Torn
PRO ` ' i' A b-
Corrective Action:
❑ Chain of Custody
❑ No custody seals
❑ Custody seals not intact
❑ Not relinquished.
❑ No dateltime relinquished
❑ No signature
❑ Incomplete information
❑ Documentation
❑ Fieldsheet wettillegible
❑ Fieldsheet incomplete:
❑ Records not written in indelible ink
❑ Sample(s) submitted without fieldsheet
:��ther (sp c[fy):
CAL
❑ Samples were rejected by DWQ Lab; Authori
❑ Accepted and analyzed per collectors request L/
❑ Accepted and analyzed after notifying the clie: nple could not be secured.
❑ Sample(s) on hold until:
)p<`Sample(s) accepted and analyzed. No notification required.
❑ Other (explain):
Person Contacted:
Form completed
Support Unit AA Review (initial):
Ldad Chemist Review (initial):
❑ BIOC14EM
❑ MET
Date:
: 0 � /Q �// � Peer Reviewer:
Branch Bead Review (initial):
❑ VOA
❑ SVOA/PEST
Branch Mead Review (initial):
Logged into database by (initial):
outItD.&I

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Landform: marsh flood plain pocosin Carolina Bay.
toe'of slope seep side slope seep flat (interstream divide)
depression
SOILS
Map Unit Name
(Series and Phase): I� �
ff t- r✓*
'� h Ilk6 Drainage Gass:
Feld Observations
Taxonomy (Subgroup):.''
-� `'=�"''`�^' Confirm Mapped Type? Yea Nn
profile Descrietion:
Depth ' Matrix Color
Mottle Colors Mottle Texture, Concretions,
(inches) . on on (Munsall Moist)
1Munsell Moist) Abundance/Ca.ntraot Structu a etc
Z2
——
r
Hydric oil Indicators:
Histosal -
Concretions
_
Histio Epipedon
High Organic Content in Surface Layer In Sandy Soils
_
Sulfldlc odor
'Organic Streakirig WSandy Soils.
_
-„„ Atlufa Moisture Regime
Misted an Local Hydria 5aifa List
Reducing Conditions
70leyed or Low-Chroms Colors
_ Listed an National HVddo Soils List
Other (Explain in Remarks)
_
OrgaAlc pans
Remarks:
Meets Hydric Soil Indicator
Does not meet an indicator
WETLAND DETERMINATION'
*Normal Circumstances: The soil and hydrology are what would normally exist without regard to
vegetation.
**Atypical Situations: Indicators of hydrophytic vegetation, hydric soils, or hydrology are missing due
to recent "recent human activities or natural events". (87 Manual)
***50/20 rule for selection of dominant species: For each stratum in the plant community, dominant
species are the most abundant plant species (when ranked in descending order of abundance and
cumulatively totaled) that immediately exceed 50% of the.total for the stratum, plus any additional
species comprising 20% or more of the dominance measure for the stratum. Eg. PITTA 55, LIST 20,
ACRU 20 = 3 dominants

Total Acres on site
Acres of wetland
Acres of non -wetland J
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Projept/Site Location Date:
Applicant/Owner:- - County:c
Investigator; Stota: a4LV.
Do -Normal Clfcurnstances exist on the -situ Yes .No. Conimunity ID: [ �•��
Is the.site significantly disturbed (Atypical Situation)? Yes No Transact 10:
Is the: area a potential Problem Area? Yes No Plot ID:
(if needed, explain on reverse.)
V VEGETATION . I list the 3 domi_n_ant species in eac1l vet?,etation laver_ (5 if only I or 2 IMrs
Indicator
Indicator
Genus sic%s Status
Gnus . -species tatus
-Trees (30' radius; >3"DB st m count, B a� area
Helrbs(S' radius; Ht. <3.2' ; % aerial cover)
L , P r i
Shrubs (5'radius; >3.2'Ht-<3'DBH;stem count) WoodvVines(30'radius; stem count)
OBL, FACW, & FAC are considered to be typically adapted to life in anaerobic soil con&
Percent of Dominant Species that are OBI,, FACW or FAC (excluding FAC-)
>50% FAC or wetter = prevalent. Hydrophytic vegetation prevalent?. YFS NO
Remarks
HYDROLOGY
„ Recorded Data (Oesoriba In Remarks):
Wedend Hydioioby Indioators: ,
_ Stream, Lake, or Tide Gauge
Primary Indicators: .
_ Aerial Photographs
Inundated
_ Other ,
:Saturbted in Upper 12 Inches
No Recorded Date Available
Water Marks
Drift Lines
Sadimeni. Deposits
�_
Field Observations:
Drainedi Patterns in Wetlands
Secondary Indicators I2'or more required):
Depth of Surface Water•., /� (in.)
✓ Oxidized Root Cha'nnele•in Upper 12,Inchas
a
Water-Stalned Leaves
Depth to Free Water, in Pit: _(in.)
Looai Soil Survey Data
_
_ FAC-Neutral Test
Depth to Saturated Soil: fin.)
_ Other (Explain in Remarks)
Remarks: I +/,
(11

Landform: marsh
toe'of slope seep
flood plain pocosin Carolina Bay depression
side slope seep flat (interstream divide)
SOILS
Map Unit Name
(Series and phase):
�f
GG �J 0 --fj Drainage Class. ► ` 4'j ;
.�
V
Field Observations
Taxonomy (Subgroup):
Confirm Mapped Type? Yes c
Profile Description:
Depth ' Matrix Color Mottle Colors Mottle Texture, Concretions',
Onah,,, esi Horizon un/a cast (b unsgll Moist) Abundgnce/Ccntrast- Structure. etc. _
%
Q r / V/
Hydric Spil Indicators:
}
Histosol
_ Concretions
_ Histio Epipedon
_ High Organic Content in Surface layer in Sandy Soils
Sulfidic Odor
organic StreakinOn Sandy Solis.
Aquic Moisture Regime
_ Listed on local Hydrfo Solis list
Reducing Conditions
_ Listed on National Hydrio Soils list
Gleyed or low -Chrome Colors
Other (Explain in Remarks)
Organic pans
Remarks:
Meets HY dric Soil Indicator
Does not meet an indicator
WETLAND DETERMINATION'
Hydrophydo Vegetation Present?'Ye No (Circle) (Circle)
Wetland Hydrology Present? Yes
Hydrfo Soils Presents Yes Nc Is this Sampling Point Within a Wetland? Yes
Remarks:
*Normal Circumstances: The soil and hydrology are what would normally exist without regard to
vegetation.
**Atypical Situations:'Indicators of hydrophytic vegetation, hydric soils, or hydrology are missing due
to recent "recent human activities or natural events". (87 Manual)
***50120 rule for selection of dominant species: For each stratum in the plant community, dominant
species are the most abundant plant species (when ranked in descending order of abundance and
cumulatively totaled) that immediately exceed 50% of the .total for the stratum, plus any additional
species comprising 20% or more of the dominance measure for the stratum. Eg. PITA 55, LIST 20,
ACRU 20 = 3 dominants

i
DIVISION OF WATER QUALITY
.!ChemLstry
t1
�� �~
l.aboratary Report 1 Water Qw[i[y
Lab Number
SJ
;i'u
W❑SAMPLE TYPE
-
bate Received :
5lCOUN'I•Y
H
PRIOR3'd
Time Rrccivcd :
1RIVER
I
BASIN:
AMBIWENT
QA
❑SfRFAM
KI1�-711..UFNi•
Received By
FREPORT
TO
RRO Regional Office
COMPLIANCE
X❑ CHAIN OF CUSTODY
LAKE
INFLUENT�
'i
Other
VISIT M
ESTUARY
:EMERGENCY
1 r-
�.•'
,�
COLLECTOR(S) :
BTOWELL
F
DweReported:
611&?W5-
�1
.-
I
4-
S
`f
Estimated BOD Range:
25-65
Stadon Location: H.E- HALE SWINE LAGOON
Seed: N
Chlorinated: N
Remarks:
nation N
Date && (yylmm/dd)
Daft Fed (nhmn/dd)
Time Begin Time FM I
1
Depth - DM, DR, DAM
Value Type - A. iI, L
CaarP i&-T, S.
I Sampk Type
HALFLAGOON
20050519
0930
X
BOD 310 64 in
COD High 340 mgli.
COD Low 335 Ta
X
Coliform: MFFecal 31616 210 A00m1
Coliform: MF Total 31504 1100ml
Colifarm: tube Fee431615 /I0DmI
Coliform: Fecal Strep 31673 1100m]
Residue: Total 500 MIX
Volatile 505 m
Fixed 510 mg/L
Residue- Suspended 530 m
Volatile 535 mg/L
Fixed 540 m91L
H 403 units
Acidity to PH4.5436 mg/L
Acidity to pH 9.3 435 mg/L
Alkalinity to PH 8.3 415 mg/L
Alkalinity to PH45410 m
TOC 680 MvL
Turbidity 76 NTU
Coliform Total Tube `/f00 nil
COMMENTS:
Chloride 940 m
Chi a: Tri 32217 u
Chia: Car 32209
tLz�ytio a 32213 u
Color: True 80 c.u.
Colas ( H) 87 PH= c.u.
Color: PH 7.6 82 c u.
ide 720
Fluoride 951 m
Fwrmililebyde 71980
Grease and Oils 556 m
Hardness ToW 900 MpL
Spadfic Cod. 95 umhadcm2
MBAS 39260 m
Pherwis 32730
Sulfine 945 m
Sulfide 745 m
Benin
a Mn & U'gnin u
Hcxavakbt Chromium u
Bicarbonate m
Cacbo a e
X
NH3 as N 610
0.90
m
X
TKN an N 625
22
mA/L
X
NO2 Mus NO3 as N 630
0.06
m
X
P: Toul as P 665
22
mg/L
PO4 as P 7a507
P: Dissolved as P 666
m
K-Potassium
mgl4
Cd-Csdnvum 1027
upq-
Cr-Chromium:T(Aal 1034
UWL
Cu- 22PM 1042
ug/I.
Ni-Nickel 1067
u
Pb- Lead 1051
ug/L
ZO-Zirrc 1092
tiel.
V-Vanadium
u
Ag- Silver 1077
ug/L
AI -Aluminum 1105
ug/L
Be- Beryllium 1012
ug/L
Ca- Calcium 916
MAIL
Co- Cobalt 1037
Fe- Iron 1045
uWL
Li -Lithium 1t32 u
M - MagTicsium 927 m
Mn-Mau wise 1055 uWL.
Na- Sodium 929 m
Arsmx:Totas 1002 u
Se- Selenium 1147 ugfL
H - Mercury 71900 ugfL
Ba_Barium UgIL
Organochlonne Pesticides
phaus Pestcides
Acid Herbicides
Baar/Ncttrral&Acid E,xtraclabMe Orpmcs
TPH Diescl Rwgc
Purgeabtc Organics (VOA bottle 'd)
TPH Gasaliw Range
TPHIBTEX Gasoline Range
Phytoplanklm

For Lab Use ONLY
V/1RONMENTAL MANAGEMENT QUA
-LAB FOKM (DM1)
SIN — r �� M
PRIOR
SAMPLE TYPE
❑
❑AMBIENT
❑ QA
STREAM
L..1 EFFLUENT
-dRT TO: ARO FRO MRO O WaRO WiRO WSRO TS
,;
AT BM
❑CO
CHA1N
11 LAKE
❑ INFLUENT
Other
BLIANC>=
OF CUSTODY
❑
Shipped by: Bus Courier, tatf Other
EMERGENCY
ESTUARY
Lab Number•
Date Received: 0JD Time:
2.30
Ree'd by: From: Bus -Courier and De
DATA ENTRY BY: CK:
DATE REPORTED:
COLLECTOR(S):�:I�V CJZ If/ _ _ t
Estimated S_OD_Range. 0-,5�.//5.22g/25-65/4 130 or 100 plu STATION LOCATION_ I IL S�✓' ✓i �_ � G�j�i�i/
Seed: Yes ❑ NoJ2 Chlorinated: Yes ❑ No REMARKS: G'-1Vj CLj r 0 i-_ /✓O 01-4D jr _
�on 77
Date Begin
1
B0D5 310 mg/I
2
COD High 340 mg/1
3
COD Low 335 mg/I
4
oiiform: MF Fecal 31616 /100ml
5
Colilorm: MF Total 31504 /100m1
6
Coliform: Tube Fecal 31615 /100ml
71
Coliform: Fecal Strap 31673 /100ml
8
Residue: Total500 mg/1
9
Volatile 505 mg/I
10
Fixed 510 mg/I
11
Residue- Suspended 530 mg/1
12
Volatile 535 mg/I
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mg/I
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH B.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mg/I
20
Turbidity 76 NTU —
Begin I Date End q Time End Depth DM DB DBM Value Type
V C 1°J 1I - I Uq�b I — - — A H L
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color -(PH ) 83 ADM]
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71890 mg/l
Grease and Oils 556 mgA
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 u9A
Sulfate %5 mgA
Sulfide 745 mg/1
NH3 as N 610 mgA
TKN as N 625 mg/1
NO2 plus NO3 as N 630 m9A
Total as P 665 mg/I
PO4 as P 70507 mgA
P; Dissolved as P 666 mgA
Cd-Cadmium 1027 ugA
CT -Chromium Total 1034 ugA
ICU -Copper 1042 ug/I
Ni-Nickel 1067 ugA
Pb-Lend 1051 u9A
Zn-Zinc 1092 ug/I
Ao-Sliver 1077 ug/1
Al -Aluminum 1105 ug/!
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ugA
Fe-lron 1045 ugA
Composite Sample T e
T S B C ti G GNXX
LI-Lithium 1132 ug/l
Mg -Magnesium 927 mg/!
Mn-Manganese 1055 ug/1
Na-Sodium 929 mg/1
Arsenic:Totat 1002 ug/t
Se-Selenlum 1147 ug/I
Hg-Mercury 71900 USA
Organochlorine Pesticides
Organophaaphorus Pesticides
Acid Herbicidesry
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytopiankton
Sampling Point %
Conductance at 25 C
Water Temperature V
D.O. mgA
pH
Alkalinity
Acidity
Alt Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1+
400 1•
82Z44 1431
82243 182242
20 _
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction OMW
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth It
Stream Width fL
480
45
32
36
1351
1350 135
64
4

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Nutrient Management Plan For Animal Waste Utilization
This plan has been prepared for:
.Henry E Hale Farm
.Henry E Dale
3125 Beaverdam Road
Enfield, NC 27823
(2. 2) 445-5184
12-28-2004
This plan has been developed by,
Will Mann
Fishing Creek SWCD
P.O. Box 8
Halifax, NC 2 783 9
(252) 583- 81 E t.
r
'46-
C oper S'3�latllrA
Type of P1alQ: Nitrogen Only with Manure Only
Owner/Manager/Producer Agreement
I (we) understand and agree to the specfficatfons and the operation and maintenance procedures
established In this nutrieiat management plan which includes an animal waste utilization plan for
the farm named above. I have read and understand the Required Specifications concerning animal
waste management that are included with this plan.
sisnw= (owner)
Signature (manager or producer)
Date
Date
This plan meets the minimum standards and specffications of the U.S. Department of Agriculture -
NaturnI Resources Conservation Service or the standard of practices adopted by the Soil and Water
Conservation Commission.
r •
Plan Approved By:
real Specialist 9ignaiurc Date
721616 Databssc Version 2.0 Ante Printed; I2-2$-2404 Goner Page 1
Z0 39Vd SOHN GOMS93 VT9TE89 ZZ:ZZ Z00Z/90/L0

t
Nutrients applied in accordance with this plan will be supplied from the folloydng
source(s):
Commercial Fertilizer is not included in this plan,
S34
Swine Feeder -Finish Liquid Manure Slurry wa3to generated 600,800
gals/year by a 800 animal Swine Feeder -Finish Liquid Manure Slurry
operation. This production facility has waste storage capacities of
approximately 180 days.
Estimated Pounds of Plant Available Nitrogen Generated per Year
Broadcast
7575
Incorporated
12194
Injected
14411
Irrigated
6282
Actual PAN Applied
(Pounds)
Actual Volume Applied
Volume Surplu"cit
Year 1
8,979.10
712,174
-111,374
I
Note: ...... ... .... — ..... * ------- ** ........ —I --------- 1- ------ I-, ........... I ------------------ ......
In 9oruee, 9' source, U means user defined source.
721616 Database Version 2.0 Date printed: 12-28-2004 Source Page Page I of I
66 39Vd SOM (30MSOJ VIOTE89 6T:T6 zoozlsolto

The table shown below provides a summary of the crops or mtniims included in thin plan for cub, field. ReaWtic Yield ealinates
are also provided for each crop in the plan. In addition, the Leaching index for each field is shown. when available.
Planned Crops Summary
Traot
Field
Total
Actor
Useable
Acre=
'Leaching
Index (U)
Soil Series
Crop Sequence
RYE
3060
1
10.90
10.00
' N/A
r3old1boro
Cotton
025lbs.
3060
10
7101
4.601
NIA
Goldsboro
Cotton
925 a.
3060
11
4.1
3.10
NIA
Goldsboro
Cotton
92S IS.
3060
2
0.80
0.50
•NIA
Ooldab6ro
Cotton
925Is,
3060
3
2.40
2.10
NIA
PLAU
Cotton
900lbs.
3060
4
17,40
16.70
N/A
Emporli
Coaon
125Is.
3060
S
M
MO
NIA
Grimey
Cotton
662 Ms.
3060
7
1.70
1.30
N/A
N
Cotton
6621be.
3060
9
1,401
0,90
N/A
OziMey
Cotton
6621bs.
3062
11
17.301
15.1
N/A
GIritsmy
Cott=
662 As.
3062
1 12
15.9413.20
NIA
ftWris
Cotton
$2511M.
3062
13
7.60
720
NIA
Qti
Cofto
60IN.
3062
14
5.30
4.701
VA
O3 the
Cotton
6621bs.
3062
15
2.10
7.34
I NIA
Goldsboro
Cotton
92S lbs.
3062
16
4.3
3.30
? N/A
Gri
Cotton'
662 lba.
3062
NUNN-MM
17,
war.3062
11.00
9,70
I N/A
Cotton
925 Ad,
A
1.40
1.10
N/A
(Mtoe
Cotton
6751bs.
3062
19
3,201
2.74
NIA
Ori
Cotton
662 N.
3062
20
3.l
2.60
NIA
CMtne
Conan
6Q IN.
3062
21
1.20
0,20
VA.
Grit.
Corms
662Is.
3062
22
6.10
MMMMM�3062
5.60
NIA
Cotton
662lbs.
27
13.$0
• 13.00
N!A
orla
Cotton
825IN"
3062
29
1.90
1.
N/A
oiia
Cotton
2G
1.40
1.3o
N/A
QrlmCotton
E9251bs.3062
62lbs.
3062
10
4,90
4,64N/A
tin
Cotton
g15Iba
rJwtfi�! l V 1 ALJ: iOL.CV 1•�L.OV
721616 Database Venlon 2.0
Date Printed 12/2/12004
N()i - Cvml,nl m .ene tenter wr ..w. i Ash.
ti0 3OVd
SDM QZ)MSCd
PCs PRv Page I of 2
toTBTEBS "ZL:ZZ Z00Z/90/G0

LI
Potential Leaching
Technical Guidance
Low
Low potential to contribute to soluble
None
nutrient bashing below the root zone.
rr 2 &
Moderate potential to oontnbute to
Nutrient Management (590) should be planned.
<-10
soluble nutrient leaching below the root
High potential to contribute to soluble
Nutrient Meaug=cnt (590) should be planned. O&w conservation practices that improve
nutrient leaching below dwraot zone.
the soils available water holding Capacity and improve nutrient use efficiency should be
> 10
considered. Examples are Cover Clops (340) to scavenge nutrients, Sod -Based Rotatims
(328), Long -Tom No-Tf11(778), and o4go-of-field practices such as Filur Strips (393) and
Riparian Forest Buffers (391),
I
r
i
t
72I616 na%bare Version 2.0 Aare Printed 1712tl12004
KO TP' Z%r, )r 1 s �,......--..� t... � ?a Page Page 2 df,2
90 39Vd SD8N QoMSa3 OTBT69S ZT:ZZ Z006/90/L0

TIC Waste, Ublizabon table shown below summarizes the waste u1ilization plan for this operation. 11 kis plan provides an estimate of the number of acres of cropland needed to uw-
m the nuhients being produced The plan requires consideration of the realigtic yieida of the crops to be grown, their nutrient requirements, and proper dining of applications to
maximize nutrient nFt�_
This table provides an estimate of the mmunt ofnitrogen required by the crap being grown and an estimate of ft nitrngen amount being supplied by nwrare or other by-products,
IL CorrTOWCud fertguer and residrral knuprevums craps. An Bali ubs of the gwm6ty of solid and liquid waste that will be applied on each field in order tv supply 4e indicated quantity
of nitrogen fmm each source is also inchWed. A balance of the total manure produced and the dotal manure applied is included in the table to ensure that the plan adegaaltlypr'oTuWs
for the utRization of the mmwe generated by the ope>fon
v
m
m
m
to
Waste 111taIMI sn Table
Year 1
Draet
Field,
3omx
ID
&A stria
rota]
Acres
UM.
Ades
- _
I
Cnp
RYE
Apprm I
Period
►Lftq-
FA
NWdcut
1tgl1
(WA)
Cam
Fat.
Nefik*
Applied
OWA)
Re,.
(t6rfA)
Applic,
)&-ftd
.1+Eaos
PA
HfticatA
prited
(WA)-
ligWd
IdwareA
ppfied
(Aare)
--- --- •-'
SIM
M=m
Applied
{acne)
--
ligad
Mmrc
Applied
(Fuld)
solid
ldaptrre
Alpdiad
flsWq
14
N
I
N
N
1000
gaVA
Tour
ION gels
loos
3060
1
S34
f3oldsbtuo
10
10.00
"=
925 %I.
3115-TI31
82
0
0
13eoad.
6-4.
-0.01
65,
0_
3060
10
S34
It*m
7.7
4.60
Coma
973Fbs_
3VIS-7131
82
0
0
Broad
6"54
0.
29.
0.
3060
11
S34
dlbora
4.1
3.10
C4tsw
9251bs.
3/15-7131
82
D
0
Brt>aC
82
6.
0.0c
20,16
0.
.3060
2
934
GoldIdAND
0.80
.. 0-50
Cotton
915 IV.
3115-7r31
82
0
0
Btaad_
82
6
WX
3.25
0.
3060
3
S34
Raim
2-40
2.110
COUM
900IS.
3/15-7131
58
0
0
Broad.
58
4.
'0.
9AA
0-0
3060
4
S34
17.40
16.70
CbOw
9251bs.
311S-7131
73
0
0
Mad.
73
5.
0.
96.6SI
OA
3060
5
S34
9.90
9.60
Cr41m
6621bsL
3/13-761
44
0
D
1 Bnmd.
J 44
3.
0.
33.
0.0
30M
7
-934
mey
1.70
L.30
Cotton
662: Etta
3AS--7/31
44
0
0
Broad.
3.4
D-04
4.54
0.0
3060
9
S34
1_
0.90Conan
662 rare
W-7/31
44
0
0
Dma&
44
3.4
D.
3.1
0.
3062
11
S34
17.3
11.1
ttm
662Ibs
3/t57/31
44
0
0
Broad
4
3.
0.
52.
0.
V62
12
934
a
IS9
D
Colton
8251f�s.
3n5-7/31
73
0
0
Btnl&
7
5.
DA
76.4
0.
3062
13
S34
0rifmay
7.
72
ftm
662Ibs.
3/15.7131
44
0
0
Broad.
3_A
0.
2S.
0.00
3062
14
S34
5.
4.70
Coem
662 �s.
3/15-7131
44
0
0
Brand
3.
4.
1�
0.OD
3062
15
534
oWboru
320
7
Cotfm
925 fba_
3115-7/31
82
0
0
Btou
6.
4.
47.
0.
3D62
- 16
S34
ey
4.30
33
CoMm
6621ba.
U15-TOO
44
0
0
Broad
44
3.
0.
11.
0.
3062
l-/
S34
11,0019.7C
Caum
M tbs.
3/15-7131.
73
0
8
Broad-
73
5.
0.
56.11
0.
721616 Database Version 2.0
Dade Printed: 12128t2004
WUT Page Page 1 of 2

v
m
r.
m
m
Ln
want UI]1lzatlsn Tame
V- 1
Znd
add
�>
ID
Sod 3wics
Tbw
Acms
f 1 -
AQts
�p
RYB
Applta.
Peried
nawz
P'A
Nubid
R-M
IWA)
Comm.
Fete
t
4PP
OWA)
Res.
OWA)
Appli-
M A*d
Mamw
PA
ud
MWA)
Ugmd
M,u crA
ied
Solid
Mhum
Appbed
C*td
M kwM i
Appleed I
Solid
Miamae
Applied
N
11?
19
N
1000
®dJA
Teas
i0m Tait
imu
3052
18
S34
1A
1. 10
Con"
675 1br.
3115-7131
45
0
0
Broad.
4S
3.5
0.
3-
O.D
3062
i9
S34
C3tit q
3
2.7
a( Y
662 ML
YtS-7131
44
0
0
Bmad-
. 3.
0"
9.
0.
3062
20
S34
' e:Y
3.1
2.6
Curios
66Z ibt.
3A 5-7131
44
0
0
Broad.
4
3.
0.
9.
0.
3062
21
S34
1.2
0.8
Gorton
6621ba.
M51 4131
44
0
0
Snoad.
3A
0
2.
0.
3062
22
6
5.64
- - - - - - r�
662 Iba.
3115- M
44
4 -
- 0 -
Blood.
3.44
Q
19.54
0.
3W
27
IS34".
I3"
13.
Carton
82516>_
3M5-701
73
D
0
wad.
5.7
0.
75.2
0-
3062
-28
1.80
Cation
8231b&
3A5-7131
73
0
0
13mnd.
7
5.
0"
9
0.
29
S34
ti6"
1.40
1.30
come
662 tba
3A5 7f31
44
0
0
BrgOd,
4
3.
0.
4.5
D.00
3D62
30
S34
ria
4.80
4.611
pan
825 Rm
3115-7131
73
0
0
Bros
7
S.
0.DD
26.6
0.00
7t2.1
"
G00.8
-111.3
0.
twtss t. Lu tw IF= OWMV, - symbol ItlC w ]eased, otherwise, Owned, I Symbol * means uscreata+ed daft.
721616
Database Vemiam 2.0
Date Printed: 12/2&gM
WUT Page Pagc 2 of 2
fr

The Available Waste Storage Capacity table provides an estimate of the ntmibei of days of storage capacity available
at the end of each month of the, plan. Available storage capacity is calculated as the design storage capacity in days
minus the number of days of net storage volume accumulated. The start date is a value entered by the user and is
defined as the date prior to applyipg nutrients to the first crop in the plan at which storage volume in the lagoon or
holding pond is equal,to,zoro.
Available storage capacity should be greater than or equal to zero and less than or equal to the design storage
capacity of the facility. If the available storage capacity is greater than the design storage capacity, this indicates that
the plan cells for the application of nutritats that have not yet accumulated, If available storage capacity is negative,
the estimated volume of accumulated waste m;eods the design storage volume of the structure. Either of these
situations indicates that the planed application interval in the waste utilization plan is inconsistent with the
structure's temporary storage capacity.
Availahle Wmte Storage Capacity
Source Name
I Swim Feeder -Finish Liquid Manure Slurry
Desip Storage Ca lei a a
Start Date
16105
190
Plan Year
Month
Available Storage Capacity (Days)'
1
1
.-60
1
2
-88
1
3
180
L
4
150
1
5
119
1
6
89
,1
7
58
l
8
27
1
9
-3
I
10
-34
1
11
-64
1
12
-95
• Available Storage Capacity is calculated as of the end of each month.
..... ................... I .... ....... ..... ............-•.... ...................... ........
.....-
721616 Database Version 2.0 Date I't' med. 12-28-2004 Capacity Page Page 1 of 1
80 30Vd SDaH QDMSD3 OTBZ6B5 ZZ:TZ Z96Z/99ILB

Required Specifications For Animal 'Waste Management
1. Animal waste shall not reach surface waters of the state by runoff, drift,
manmade conveyances, direct application; or direct discharge during operation
or land application. Any discharge of waste that reaches surface water is
prohibited.
2. There must be documentation in the design folder that the producer either owns
or has an agreement for use of adequate land on which to properly apply the
waste. If the producer does not own adequate land to properly dispose of the
waste, he/she shall provide evidence of an agreement with a landowner, who is '
within a reasonable pro4wity, allowing him/her the use of the land for waste
application. It is the responsibility of the owner of the waste production facility to
secure an update of the.N'utrient Management Plan when there is a change.in the
operation, increase in the number of animals, method of application, receiving
crop type, or available land.
3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for '
realistic crop yields based upon soil type, available moisture, historical data,
climatic conditions, and level of manageri2ent, unless there are regulations that
restrict the rate of applications for other nutrients.
4. Animal waste shall be applied to land eroding,less than 5 tons per acre per year.
Waste may be applied to land eroding at more than 5 tons'pex acre per year but
less than 10 tons per acre per year provided grass filter strips are installed where
runoff leaves the field (see USDA, MRCS #field Office.Technical Guide Standard
393 - Filter Strips).
5.. Odom can be reduced by Injecting the waste or by disking after waste application.
Waste should not be applied when there Is danger of drift from the land
application field.
E
6. When animal waste Is to be applied on acres subject to flooding, waste will be soil .
incorporated on conventionally tilled cropland, When waste is applied to
conservation tilled crops or grassland, the waste may be broadcast provided the
application does not occur during a season prone to flooding (see "Weather and
Climate in North Carolina" for guidance).
7. Liquid waste shall be applied at rates not to exceed the soil Infiltration rate such
that runoff does not occur offsite or to surface waters and in a method which does
not cause drift from the site during application. No ponding should occur in order
to control odor and flies.
-----................................................ .................... .--- ----.................... ................................. — .............
..
721616 D=bwa Version 2,0 Date Printed. 12/28/2004 Specification Page 1
T
60 3Ji7d S06N QZ)MSZ)J VISTE89 LT:ZZ Zoaz/90/to

8. Animal waste shall not be applied -to saturated soils, during rainfall events, or
when the soll surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner that
the crop is not .covered with waste to a depth that would inhibit growth. The
potential for salt damage from animal waste should also be considered.
10. Nutrients from waste shall not be applied in fall or wintcr for spring planted
,crops on soils with. a high potential for leaching. Waste/nutrient loading rates on
these soils should be held to a minimum and a suitable winter cover crop planted
to take up released nutrients. Waste shall not be applied more than 30 days prior
to planting of the crop or forages breaking dormancy.
11. Any new swine facility sited on or after October 1,1995 shall comply with the
following; The outer perimeter of the land area onto 'which waste is applied from
a lagoon that is a component of a swine farm shall be at least 50 feet from any
residen#al property boundary and canal. Animal waste, other than swine waste
from facilities sited on or after October 1,1995, shall not be applied closer. that 25
feet to perennial waters.
12. Animal waste shall not be applied closer than 100 feet to wells,
13. Animal waste shall not be applied closer than 200 feet of dwellings other than
those owned by the landowner.
1
14. Waste shall be applied in a manner not to reach other property and public
right-of=ways.
15. Animal waste shaft not be discharged into surface waters, draiaageways, or
wetlands by a discharge or by over -spraying. Animal waste may be applied to
prior converted cropland provided the fields have been approved as a land
application site by a "technical specialist". Animal waste shall not be appiied do
grassed waterways that discharge directly into water courses,'and on other
grassed waterways, waste shall be applied at agronomic rates in a manner that
causes no runoff or drift from the site.
16. Domestic and industrial Waste from washdowu facilities, showers, toilets, sinks,
etc., shall not be discharged into the animal waste management system.
....................................................................................................................................................................
72I616 Database Version 10 Date -Printed: 1=8/2004 Svzcification Paste 2
9T 3Jdd SDZH UOMSO3 'PT81689 6T:TZ Z00Z/90/L0

17. A protective cover of appropriate vegetation will be established on all disturbed
areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as
necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other
woody species, etc., are Iimited to areas where considered appropriate. Lagoon
areas should be kept mowed and accessible. Berms and structures should be
inspected regularly for evidence of erosion, leakage, or discharge.
18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate
the possibility of an illegal discharge, pollution, and erosion.
19. 'Waste handling structures, piping, pumps, reels, etc., should be inspected on a
regular basis to prevent breakdowns, leaks, and spills. A regular maintenance
checklist should be kept on site.
20. Animal waste can be used in a rotation that includes vegetables and other crops
for direct human consumption. However, if animal waste is used on craps for
direct human consumption, It should only be applied pre -plant with no furthef
applications of animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and bottom elevations of
the temporary storage (pumping volume) of all waste treatment lagoons.
Pumping shall be managed to maiutain the liquid level between the markers. A
marker will be required to mark the maximum storage volume for waste storage
ponds. .
22. Waste shall be tested within 60 days of utilization and soil shall be tested at least
annually at crop sites where waste products are applied. Nitrogen shall be the
rate -determining nutrient, unless other restrictions require waste to be applied
based on other nutrients, resulting in a lower application rate than a nitrogen
based rate. Zinc and.copper levels in the soils shall be monitored and alternative
crop sites shall be used when these metals approach excessive levels. pH shall be
adjusted and maintained for optimum crop production. Soil and, waste analysis
records shall be kept for a minimum of five years. Poultry dry waste application..
records shall be maintained for a minimum of three years.
Waste opplication.records for all other waste shall be maintained for five (5)
years.
23. Dead animals will be disposed of in a manner that meets North Carolina
regulations.
Database Version 2.0Date Printed: 17125/2004 .................... Spcc
72I616 iftation Paie 3
TT 39Vd SDdN QOMSDA vT6TEB5 ZT:T6 60061501LO

Crop Notes
. The following crop note applies to field(s); 3
Cotton CP, Mineral.Soil, low -leachable
In the Coastal plain, cotton is normally planted from April 15-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days. after planting.
Avoid planting after May 24 if at all possible. ,Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditionti. Plant 4=6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can bebroadcast or banded at planting. Apply 20-25 Ibs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
Tte total N needed is dependent on soil type. Apply 1.0 lb/a<sre actual boron either at planting or at
sidedress; or, foliar apply 1/2 lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other
1/4 lb/acre about 2 weeks later. The boron needs to be available to the ootton 4uring fruiting. Tjs=
samples can be analyzed during the growling season to monitor the nutrient status of the cotton. Timely
management of insects, weeds, and excessive vegetative growth are essential for profitable cotton
Production.'
The following crop note applies to field(s): 11, 13, 14, 16, 18, 19, 20, 21, 22, 29, 5, 7, 9
Cotton CP, Mineral Soil, low -leachable
rn the Coastal Plain,. cotton is normally planted from April 15 May 5 when warm(abo've 65 I)
temperatures and dry weather arc present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. plant 4-6 seed/row foot at a depth of 1/2-1". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-251bs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks afterfirst square.
The total N needed is dependent on soil type. Apply 1.0 lb/acre actual boron either at planting or at
sidedress; or, foliar apply 1/211b/acm actual boron with 1/4 Ib/acre applied at early bloom and the other
114 lb/acre about 2 weeks later. The boron needs to be available to the cotton during fruiting. Tissue
samples can be analyzed du 'ring the growing season to monitor the nutrient status of the cotton. Timely
management of insects, weeds, and excessive vegetative growth are essential for profitable cotton
production.
.............................................. ............ .................. ................. .............. •.......... ...........................................
721616 Database Version 2.0 Data printed: 12-28-2004 Crop Note Page Page 1 of 2
Z1 39tid S08N aOMSOJ VT8TE85 . N' TZ Z90Z/901LO

The following crop note applies to field(s); 1, 10, 11, 15,12
Cotton CP, Nfineral Soil, low leachable
In the Coastal Plain,.cotton is normally planted from April 15-May S when wartn(above 65 F)
temperatures and dry weather are, present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May .20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 secdhtow foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20.25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Apply 1.0 lb/acre actual, boron either at planting or at
sidcdress; or, foliar apply 1/2 lb/acre acttial boron with 1/4 lb/acre applied at early bloom and the other'
1/41b/acre about 2 weeks later. The boron needs to be available to the cotton during fruiting. Tissue
samples can be aiWyzcd during the vowing season to monitor the nutrient status of the cotton. Timely
management of insects, weeds, and excessive vegetative growth are•essential for profitable cotton
production.
The following crop note applies to field(s): 12, 17, 27, 29, 30, 4
Cotton CP: Mineral Soil, medium leachable
II
1n tlxe Coastal Plain, cotton is normally planted from April 15-May 5 when watm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after plant.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green nook" and
information from private companies to select a high yielding'va;iety vi ith characteristics needed for your
area and conditions. Plant 4.6 seed/row foot at a depth of 1/2-1". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply, 20-251bs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Also, apply at least 20 lbs/acre sulfur either at planting or
at sidedressing. Apply 1.0 lb/acre actua] boron either at planting or at sidedress; or, foliar apply 1/2
lb/acre actual boson with 1/4 lb/acre applied at early bloom and the other 1/4 lb/acre about 2 weeks later.
The boron needs to be av'ai table to the cotton during fruiting. Tissue samples can be analyzed durinfl the
growing season to monitor the nutrient status of the cotton. Timely management of insects, weeds, and
excessive vegetative growth are essential for profitable cotton production.
1.............................. I .......................................... .................................... .................................. .........
721616 Database Version 2,0 Date Printed: .12.28-2004 Crop Note Page Page 2 of 2
EZ 3JCd SDM MMSDd t7TBIEBS Zi:TZ Z996/99/L6

NCDA Agronomic Division 4300" Creek Road Ralei , NC 27607-6465 [phone] _ Report No: WOM9 W
Grower. Dunn, William Copies To:
943 Washington Sq Mal
(DR
Wast irgon, NC 27M
• .SAP A nai S2S rt Farm:
rO
-SA2105 Ieaufart County
Sample Irda.
L.aborator Results arts22r million unless edwwise noted
Sable lD:
HL102
iilaste Cade:
ALS
Description:
Swim Lagoun fig.
N
P K Ca Ail S Fe hb in Cu B Ab U C
TdD/ 15.8
IN -N
-NH4
403
r?RH
i
23.3 599 93.1 38.4 124 1.91 0.26 1.90 0.33 1.10
Na Ni Cd Ph Al Se Li PH SS -C-N. OM OCEX ALEMI)
130 9.5
KePXTU Ferraauons:
NUC -MISAMla[Ne For hirsi Lipp
1ASJ7guy ganans
viner tiemerK5 IUVIULOUAWI&M
Appikation Me"
N P205 K20 Ca 4 S Fe - Ab Zr
Cu 8 Ab Cl
Ala ilti Cd Pb Al Se U
Moon
0.07 0.31 4.8 0.49 022 M 0.01 T QAl
T 0.01
] A
1
8roadcn
0.07 0.31 4A 0.49 022 0.07 0.01 T 0.01
T 0.01
1.1
rWpH d the fagom fiWid is hider Ulan noftnall Jo" Take tallaw-i.ip sumles to dewrnine it pH remains highnuer UrF e. Conlac a Technical Spedal st to be sunaftt Itce waste treetrnem
glem iswaia
Ln
w
ID
A
0
M
0
d
z
B
n
0
m
Y
a

NCDA A ronornk DiviSW 4.300 Ree*Creek Road Raleigh, NC 27607-6465 [phone] Report No: W06018 -W
^' Caower.• Duna, William Copies Ta.-
943Washirag0n Sq Mall
Wasllinpn, AIC 27M
==Waste Anaipis orL Farm. Hale e� 417a105 Beaufort Counter
Sample Info.
Laboratory
Results rtsper million unless odwwise Trot
SwWk 1D:
N
A K Ca
S
Fs AM Zn
Cu 8
AAa CY C
F
Too
31.6
16.0 410 134 35.6
35.3
3.08 0.25 1.20
Q 16 0.45
IN •N
Waste Code:
NN4
ALS
-NO3
Na Ni Cd Pb
N
Se Li pH
SS CA
MM CCU ALE
Descript =
OR-N
102
7.71
5wvh►
urea
PAMMendations:
Nutrients Available for First Crop
1 l00 l ons
10t7w ElemeM
lbstIO00gallods
AppfIca6 nAkftd
N
P205 K20
Ca W S Fe Ain
Zn
Cu 8 MO Cl
Na Ni Cd
Pb At Se Li
8rwarast
0.13
0.21 3.7
0.78 021 0.21 0.02 T
0.01
T T
I
0.85
0.13
0.21 3.3
0.78 021 Q21 0.02 T
0.01
T T
0-85
S le Info.
Labora
Results rts
million unless othelltiise noted
Sample 10:
N
P
K C2 At S
fe Mr? In
Cu 8 Me
c7 C
S
Total
12.5
5.99
145 89.7 X6 23.3
1.97 0.15 0.81
0.14 0.26
IN -N
ftste Cade:
-A4q4
ALS
-AlG 3
Na
Ni Cd Pb Al
Se Li PH
SS CM OM
QaM ALE
Da5c6ptlon:
OR N
50.4
7.51
Sv ie Law L4
Urea
Recommendations:
Nutrients Availab far First CM
lbs1I000 lLbm
Other Elements 1
l= llons
Applkas7cer+hAethoal
N
P20s K20
Ca
W 5 Fe Mn Zn
-Ce_. _ _ 8 - -- ft Ci
Na ni Cd Pb
A! -Se- -Li --
Broad=
0.03
kg 1.2
0.52
0.12 0.14 0.01 T 0.01
T T
0.42
11 ' anon
0.05
UB 1.2
0.52
0.12 0.14 0.01 T 0.01
T T
0.42
m
m
M
K3
m
m
K3
ti
Y
ti
Ln
m
w
Y
OD
A

NCDA Agronomic Division 4300 ReedlCreek Road Raleiq[k NC 27607-6465 [phone] _ _Report No: W04029 W
Grow Dunn, William Copies To..
943 Washingn Sq JUlall
Washington. NC 278M
wste A nay sis R iiohort Farm:
1 V9104 Halifax County
Sam pie lr9b.
Laboratory Results itsper million unless othem ise not
u].
N
P K
Ca 90
S t'e
AM Zrn
Cu 8
14b C1 C
HHS1
Total 4130
38M 1273
5099 2979
106E 1125
85.2 203
172 0.33
IN -iv
Waste Cods: -
-NH4
ASS
-1Y03
Na Ni
Cd Pb
At Se
U PH
SS C.'N
OW CCf% AL i«K I
218
7.58
i7mriptlovt
Oft-N
Swine Lagoon 9
Urea
Reaomrnendations:
NLKrIeMs AM labW for
FiMCrn
!
OOD Raps
erfiernents
WTOOO lows
AAWicaWn WW
N P20s K20
Ca AV S
Fe Aka
Za Cu 8
At G
Aa Ni
Cd Ph A! Se U
Broadcast
15.3 51.9 10.2
29.8 17.4 6.2
7.7 0.50
1.2 7.0 T
1.8
Mom
15.8 51.9 10.2
29.8 17.4 62
7-7 t150
12 1.0 T
1.8
i ne vesce prom owens large amounts ar rvirogen, pnarpe ms` im am capper. inewwxe snoura ce appiea at rates neaw to meet crap nitrogen requirement umess ane of the otter eemerrts are mare
'estrictiue- When soil tes P is very high and the site is xA nerable to phosphorus moverrai to nearby surface water, lirrrt application of P to estimated crop rErnael d ft elentert lire it app[amns of zinc and capper
is necessary to avoid exrffi acarrulatian of these eler► U in the soil.
Sample Info-
LaboratM
Resutts its er million unless otherwise noted)
Sample to;
N
P K Ca 044
S
Fe &M Zn.
Cu B
Akr 0 C
HHLI
Total
217
74.5 593 138 662
31.9
9.74 0.79 1.54
0.92 0.97
IN -N
Waste Cade~•
-NH4
ALS
4VO3
tea M Cd Pb
Al
5e Ci
SS Cal
DAN CCEZ
Description:
ORW
133--
Shkx L ---
Lrrea
Rec mendadom-
Nutrients Available for First Crop
T500,UO gggons
Otha- Elanents
M511O 10 gallorls
Application AtedW
N
M K20
Ca Mg S Fe W
Zn
Cu 8 Alb Cl
w A6
Cd Pb Al Se U
Oroad=
0.90
1.0 4.8
(180 0.39 0.19 0,05 T
0.01
0.01 0.01
1.1
' con
0.90
1.0 4.8
980 039 0.19 0.06 T
0.01
0.01 0.01
1.1
J
m
M
m
m
NO
ND
to
n
m

KDA Agronomic Division 4300 Reedy Creek Road Raleiclh, NC 27607-6465 (939) 733-2b55 Grower, Dunn. William Rwart No: W04029 IQ 2
Sam a Irfa.
Laboratory Results arts per million unless ater Mse rioted
Sample ro.
N
P K ca
6N
S Fe
W. zn
Cu 6 A4o a C
HHL2
Tatar -06
33.7 704 122
50.8
16.4 2.30
029 0.35
0.10 0.96
IN -N
Waste Cam
-A"
ALS
4"
ft Ni Cd
Pb
Al Se
Li #H
SS C:N DAB% CCF% ALE i
Dewotiom
OR-14
154
8.43
SwOeUpnLig.
We
Recmx aendations:
Nutrients Available for FirstCrop
lbsnOOO
gallons
Other Cleawas OOO Naas
AapFirVwMeuw
N P205 K20
Ca Mg S he
Un
7n Cu 8
Ma Cl
Na Ni Cd Pb Al Se Li
6srMbst
4.44 0.45 5.6
0.71 0.30 Q10 0D1
T
T' T 0.01
1.3
w9aw
Q44 0.45 5.6
0.71 0.30 0.10 OD1
T
T T 0.01
1.3
m
V
m
M
ti
m
cn
m
r
m
A
-n
0
U1
n
v
Ln
n
�i

0
NCDAAgrarKxnic Division 4300 Reed Creek Road Ralei , NC 27607-fi465 919 733-2655 t No:�fd2326 W
Grower.- Duin William Copies 7'a
943 Mn6rVri Sq Mall
Washington, MCC 27M
- Wo4steAndysisRahOrt Farm: Halifwtale
9115/03 Beaufort County
Samea info.
Laboratory
Results arts per million unless otenuise noteM
Sample 1a
N
P K
Ca
Afg
S fe
cu 8 Ado
C! c
Total
5216
3608 1952
7298
3927
1015 2070
113 191
192 5.17
HFISI
'I�'aste Wde,
IN-.N
Cade:
AM
ASS
-1Ul')3
Na Ni
Cd
Pb
AI Se
-Li PH
SS C-N aM
XE% ALEIKqg
287
7.25
&Soripticir
OR-.N
Sr�iie ' S1
!urea
RecommerWi 5:
IVtrtnent$ Avai labLe fa
First Crop
lbsnOWgaflofn
fter Elements lbs(MV9211ons
ApplieaYan Afe W
N
P205 K20
ca tv S
Fe
Mn
Zry cu 8
W cl
ft Ni Cd Pb
Al Se U
Moon
20.0
48.2 15.6
42.6 22-9 5.9
17-1
0.66
1.1 1.1 Q03
�4
Broadcast
20.0
4S2 15.6
42.6 22.9 5.9
121
0.66
1.1 1.1 0.03
24
the waste prooua cony m tarye arnowts cir nnrogen. pnowarus, zinr, am coW. i no Yg a group oe appi ea a7 ram rwao r w meet aop nuagen reVrerrrenr uneess one or me ew erernerics are more
esi-dye. When soil test P isvery hgh aid ft site is wi rile to pt-�osphorus rnaernent la nearby %rbm vrata; IML ar ft t m of P to estimated aup remoral of dds element. Jrnrl appi caftans of A nc and copper
is necessary io mid excess am n ulation of these elerrwts it th sdL
e Into
Laboratory
Results artsper million unless otherwise
Sawfk ID.
11HU Vt "-
eCe Cate:
ALS
&Ja ipam
Wne lig
N
P K Ea
S
Fe
ho Zr?
cu 8
Ada G c
row $52
IN AV
-NH4
-NO3
MY
Urea
110 1115 195 100 40.1 9.59 1.05 278 V2 1.47
Na Ni cd Pb Al Se U SS GN
aM MT% ALE K
239 7.46 _ .
I
Recornmendatiom:
NutrierKsAvailablefor First Crop
lbsnoWqatlofs
Other Elements
IbsOODO Harts
Ap kationittedaad
ikon
Broad=
N
23
23
P205 K20
1.5 8.9
1.5 8-9
Ca It S Fe
1.1 0.59 0.23 0.06
1.1 0.59 0.23 0.06
AAn
0.01
0.01
Zn
0.02
0.02
cr,, B
T ELM
T GOI
AAo cl
Aa Ni
2.0
20
Cd P11 Al Se 1-1

A
NGDA is Division
4300 Reed Creec Road Raleigk NC 27607-6465 (919 733-2655 Grower:
DLmn, William
Report No; M23Z6 tg 2
Sample info.
Laboratory Resafts
artsper million unless otherwise noted
Swy* J&
N
P K Ca A
S
Fe mn
Zn Cu 8
At C1 C
HHL2
*VV4AIe—
waste Code:
AL5
Omaipl m
5wte
Total
BV -M
-NH4
-NO3
ORW
amb
251
45.3 1026 153 59.0
30.3
4.39 038
1.04 0.12 1.41
Na Ni Cd lab ail Se U PH SS CN
EM CC[% ALE
209 7.82
Recommendat em:
Nutrients Available for FirstCr
!bs/?t7U0
11ons
Other ElemeFkts
1bs/lorao OlOqs
"lirgOn ATww
"ation
Broadcast
N P205
1.1 0.61
1.1 0.61
K20 Ca 4V 5 Fe P&
8.2 t189 0.34 0 8 (103 T
8.2 089 034 0."8 0.03 T
Zn
0.01
0.01
Gu B ,too
T 0.01
T 0.01
Cl
Ala 9
1.7
1.7.-
Cd Pb At Se Li
m
J
m
m
N
CD
CD
N
N
Y
N
Ln
m
W
N
W
Y
A
Y
Lo

WASTE ANALYSIS DATA
Date of Analysis
Nitrogen Concentration (Broadcast & Irrigation)
[long) Yawme (Gallons) lbs. of PAN
Uquld 352337.00 810.38
Sludge 406395.00 8127.90
Total 768732.00 8938.28
11.78 lbs. PAN Mbred Volume Concentrast1an11,060 gel
319.89 lbs. per acre -inch
Copper Concentration
(ppm) (Gall-OnO Qom Cu - alms
Liquid 352337.00 253682.64
Sludge 406395.00 78027840.00
Tatel 758732.00 79281622.04
902.17 ppm Coppw Mixed Volume Concentration
Zinc Concentration
( Volume (Gallons), PRM Cu - ciallons
Liquid 352337.00 979496.86
Sludge 408396.00 71621445.00
Total 768732.00 78600941.86
103.60 ppm Zinc Mixed Volume Concentration
OZ 39V8 SDNN COMSD3 VT8TE89 ZT:TZ Z09Z1901LO

WASTE ANALYSIS DATA
Date of Analysis
Nitrogen Concentration
Liquid
Sludge
Icast R Irrigation)
Ilons lbs. of PAN
985721.00 1062.29
0.00 0.00
Totall 985721.00 1062.29
1.10 lbs. PAN Mbred Volume Concentratlon/1,000 gal
29.87 lbs. per acre -inch
Copper Concentration
m Volume (Gallons] ppM feu - ciallons
Liquid 965721.00 116886.62
Sludge 0.00 0.00
Total 965721.00 116886.52
0.f2 ppm Copper Mixed Volume Concentration
Zinc Concentration
m Volume Gallons m Cm - gallons
Liquid 965721.00 1004349.64
Sludge 0.00 0.00
Ta to l 965721.00 1004349.84
f.04 ppm Bnc Mixed Volume Concentration
YZ 39Vd soiH ❑OM5aJ OTBIEBS ZZ*.ZZ Z90ZI901L6

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' ■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
i ■ Attach this card to the back of the mailpiece,
or on the front if space permits.
MR. R.R_ MOHESKY
CLOVER M RECYCLERSJNC.
6868 REEDY BRANCH -ROAD
ROCKY MOUNT NORTH­cAR0Lf:NA-27W3
4/18/05 AP Ti iLL NOV HALIFAX CO
A Sign t re
Agent
X
Addressee
B. Recei ed by ( Pri
ame)
C.
ate of Delive
If.�sr'`
-Li -b
D. Is delive address different frord Rem 1?
❑ Yes
If YES, enter delivery address below:
❑ No
3. Service Type
❑ Certified Mail
13 Express Mail
❑ Registered
0 Return Receipt for Merchandise
❑ Insured Mail
❑ C.O.D.
4- Restricted Delivery? (Extra Fee)
j
❑ Yes
7002 0860 0006 5841 7329
i
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 j

UNITED STATES POSTAL SERsG1 <0 U IV
• Sender: Please
'r P M
U
e & Pal
N G-1
ti.............1�
address, -and-ZiP+4-in~this-ba�-
NC DEPAR T tAENT OF ENVIRONMENT
AND NATURAL RESOURCES
Raleigh Regional office
3800 Barren Drive, Room 104
Raleigh, N, Carolina ? �-ig

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
f ■ Print your name and address on the reverse
f so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:�'� f
JF G-
��r
MR R H MOHESKY
CLOVER M FARMS
POBOX 215
SHARPSBURG NC 27878
'NOV/NOI.HALIFAX CO.04/15/05.B Towell AP
Discharge of Swine Waste Mailed 4/15/05
A.
Agent
B_ - Received by (FVfnted Name) C. gfite of Delivery
D. Is delivery address different from item 1? ❑ Yes
0,4EP, enter delivery address below: ❑ No
O
h!
3. rvp vice Type ,
❑ Certified Miail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? FFxtm Fee) ❑ yes
2. Article Number 7002 3150 0003 7043 6302
{Fransfer from service Iat?e1J
PS Form 3811, August 2001 Domestic Return Receipt 102595-0241-15401

L)NfTEt? STATES POSTAL SERrL)
�L# i"t Fir,al
✓ Poees 5d
P na sPs°Y--
^� erm-if Effi 6.9�1
• Sender: Please prin 'Or nia e, address, and ZIP+4w this-bb;
North Carolina Department of
Environment and Natural Resources
N —6Cr- Raleigh Regional Office 1 SWP
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
ittI1111LLi1}11I141111111LIIiilIII11r11FIIIItI111tIIIIII1111it

M Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
R Print your name and address on the reverse
so that we can return the card to you.
a Attach this card to the back of the mailpiece,
or on the front if space permits.
MR R 13L MOHESKY
CLOVER M FARMS
PO BOX 215 '
SHARPSBURG,NORTH-cARGL1 AIA 7878`.
4118/05 AP TOWELL NOV/NOI
A. Signature
X� i�✓J� ❑Agent
❑ Addressee
B.C. Date f Delivery
Y' Z0 o-CS
D. Is delivery address different froitem 1? ❑ Yes
If YES, enter delivery address Blow: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered El Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
700 0860 0006-5841 7336
PS Form 3811, August.200] �;. _-- )arnesbc Return Receipt 102995-02-M-1540

UNITED STATES POSTAL SERVI
r Fass.t+?laii
C, s�s.Fee
i aid
c� p M SP5. _
o ar_init No..-G=10-�
yAPR
• Sender: Please print yaVr n6 fie, address, and ZIP+4 in this box •
Di= 8"R01 T
NCAND NA� RESOURCES
Raley Regional 0ffi101
WO

01/05/2006 15:16 ATTORNEY GENERAL 4 957147le
NO.179 001
0
C O
V E R
FAX
To:
Buster Towell
Pax 0:
(919) $71-4718
From:
Jane Oliver
Assistant Attorney General
Subject:
Aquifer Protection Act WRO
i Date:
January 5, 2006
Pages:
4, including this cover sheets.
COMMENTS: Please see attached letter of same date.
From the Desk of:
Katharine Kimmmia Assivant
North Carolina Deperm-ftt of JuWee
r'.nVimn lentO D"Tir mi
9001 Mail SavirA Cola
Islaigh, NC 27699A001
(919) 7164074
[phone]lFox
Xkiminyrl ■Cr�nsdas.eom

01/05/2006 15:16 ATTORNEY GENERAL 3 95714718 NO.179 IP02
FILED
OFFICE OF
ADMINISMTIVZ IOCAR114CA
Jan Oi V 00 AM SOOT
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF WILSON
05 ERR 1444
Clover M Rcoyclers, Inc. }
Petitioner }
vs. ) ORDER
}
N. C. Deponent of Environment and }
Natural Resources and its Division of )
water Quality )
Respondent }
Upon the Joint Motion to Continue this contested case, and for good cause shown, the
hearing in this contested case is hereby CONTINUED off the calendar for the week beginning
January 16, 2006. The presiding Judge will file 4 more definite notice of hearing.
The parties will report to the Court the status of this case on or before February 23,
2006. At that time, the.parties and the undersigned will confer to set a hearing date, should
the case proceed to hearing.
IT IS SO ORDERED,
This the Ah day of January, 2006,
iA AAA"
43- W 49 — &&A -
Beryl E. Vade
Administrative Law Judge
RECEIVED
JAN 2006
E'AAL

01/05/2006 15:16 ATTORNEY GENERAL 4 95714718 NO.179 IP03
j01 JIM#
!jA
ffm
December 22, 2005
ViVIUVI-R-4. ..
lane L. Oliver, Esq.
Assistant Attorney General
Environmental Division
Department of Justice
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
HUNTON & WILLIAMS LL➢
POST OFFICERox 109
RAL EIOH. NORTH CAROLINA 27602
TSL 419.899.300o
FAX V 14.813.6352
JASON S. THOMM
DIRECT DIAL; 919.894.306
EMAIL: jilhom 0hunw room
FILE NO: 51200_OMOP
OW NO: 21WV.V I
Re: Clover M. Ree yclers Inc, v, NCDENR DW : 05 BUR 1444
Dear Jane:
Thank you for faxing me a'copy of your letter of December 14. 2005, We have
checked our files, and we still have not received the letter in the mail. Presumably, it will
arrive in the near future,
My client is willing to settle the matter referenced above by paying a reduced civil
penalty of $2,116.00 - approximately 60% of the penalty originally levied. We feel this is a
fair settlement in light of tho fact that, among other things, no environmental harm was done;
Mr. Mohesky took prompt action to address tho concerns of the Aquifer Protection Section of
the Division of Water Quality; and the Section failed to maintain the chain of custody of
samples taken of the water that concerned the Division,.making it impossible for the parties to
know whether the water contained any constituent other than rain water. As is usual in such
settlements, my client will expressly deny any admission of a violation of statute or regulation.
Regarding the issue of Mr. Mohesky's certification status, we understand that the
Section Is unwilling to make promisee or concessions concerning any future actions the

01/05/2006 15:16 ATTORNEY GENERAL 4 95714716
NO.179 004
Jane L. Oliver, Esq.
December 22, 2005
Page 2
Division might think warranted. We understand that the Division does not presently
contemplate any regulatory or enforcement action against Clover M or Mr. Mohcsky other than
the matter referenced above. We do not expect for the settlement agreement to make reference
to any issues not directly related to the case cited above.
Thank you for your kind Attention to this matter.
Very truly yours.
HUNTON & WILLIAMS LLP
Jason S. Thomas
JST:bhb
Enclosure
cc: Charles D. Case, Esq.
n
57290.000M4 RALEiGH 279067vI

State of North Carolina
RALEIGH UGi0t,'al
ROY COOP..- ---------"_'_'
ATTORNEY GENERAL
.Jason S. Thomas
Hunton & Williams
Attorneys at Law
Post Office Box 109
Raleigh, North Carolina 27602
Department of Justice
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-9001
December 14, 2005
Re: Clove►- M. Recvclers, Inc., v. NCDENR, DWQ; 05 EHR 1444
Dear Mr. Thomas:
Reply to
Jane L. Oliver
Assistant Attorney General
Environmental Division
Telephone: [phone]
Facsimile: [phone]
As you know, this office represents the N.C. Department of Environment and Natural
Resources' Division of Water Quality ("DWQ") in the above -referenced action which is an appeal by
your client, Roland Mohesky and Clover M. Recyclers, of a civil penalty which has been assessed
against your client by DWQ's Aquifer Protection Section. We have reviewed the file with
representatives of the Aquifer Protection Section and wanted to let you know that the Section is
willing to consider settlement of the penalty amount. We will be happy to entertain any such offers
of settlement.
At the same time, we should let you know that the Section is not willing, for purposes of
settlement of this contested case, to make any promises or concessions concerning any fixture actions
which might be warranted concerning Roland Mohesky's certification status. We believe that such
a+i itgfi;Cii7:,iii tivuL+[u u. i;u[ltrai j' to })uUllti PvfiC:y cti[ii 1vu61.ii `c U.lt;ti,o+c:.uu+c.
We look forward to hearing from you and appreciate your attention to this matter.
Sincerely,
:farad Vv
Jane L. Oliver
Assistant Attorney General
jlo
cc: Jay Zimmennan
Buster Towell I/
Telephone: [phone] Facsimile: [phone] 1 Email: [e-mail]

North Carolina
Department of Environment and Natural Resources 1F?WA 0
Division of Soil and Water Conservation ��►
Michael F. Easley, Governor
William G. Ross, Jr., Secretary NCDENR
David S Vogel, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRCEs
To: Buster Towell — Environmental Specialist
Division of Water Quality - RRO
Date: May 17, 2005
From: Carl Dunn, PE — Environmental Engineer
Division of Soil and Water Conservation — WaRO ."'
Subject: Hale Farm —Halifax County
Facility Number 42 — 22
I have prepared a summary of the events surrounding the application of waste
from the animal waste lagoon that occurred on the Henry Hale Farm on the day of April
11, 2005. 1 was called to the site on that afternoon by Mr. Will Mann of the Fishing
Creek Soil and Water Conservation District Office concerning the fact that the lagoon
closure plan had not been followed correctly. This farm is being closed under the Flood
Plain Buyout Program though the Division of Soil and Water Conservation. The lagoon
closure plan states that animal waste must be applied in such a manner that there shall
be no runoff from the application fields. I arrived at the farm at approximately 6:00 pm
to assess situation and made the following observations.
Animal waste appeared to pond at edge of the farm road. The pond of
animal waste had been created by a small earthen dike at the edge of the
application field. Some animal waste was still flowing around the edge of the
dike into the pond area and then flowing across the road into a grass
waterway.
2. The animal waste had run from the field, crossed the farm road, traveled into
the field on the other side of farm path, entered a grass waterway, and finally
discharged into what appeared to be a swamp.
3. Waste had been applied to the fields using two Nelson 150 irrigation guns.
The guns were part of a hard hose traveling system to apply waste. The
guns appeared to have the largest ring diameter possible. The ring diameter
is part of the irrigation mechanism that helps dictate the actual rate of
application of animal waste to the field.
4. A factor that also affects runoff from an irrigation field is the current moisture
content of the soil. The soil can only allow a certain volume of water to
infiltrate into the soil profile over a given time. If the infiltration rate is
exceeded or the current moisture holding capacity of the soil is exceeded,
943 Washington Square Mail, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

then runoff will occur. In my opinion the infiltration rate and the current
moisture holding capacity of the soil had both been exceeded during this
waste application event. This led to the discharge of animal waste from the
field.
5. 1 also observed that the application field had a crown shape with slopes to
both sides. Thus, the waste ran off both sides of this field. A small earthen
dike similar to the one by the farm road had also been created on the
opposite side of the application field to try to catch runoff from the field before
it could enter a field ditch.
6. Samples were pulled from the pond of waste beside the farm path and from
the area that I perceived to be a swamp where the waste entered. The
sample results are attached. The sample labeled F is from the field edge and
the sample labeled S is from the swamp.
7. It was now too dark to conduct any further investigation, so I would continue
on the morning of the next day, which is April 12, 2005.
8. On the morning of April 12, 2005 1 arrived at the farm and greeted Mr. and
Mrs. Hale. I asked Mrs. Hale if she had any knowledge of the waste
application activities on the previous day. She stated that the application
event started sometime between 11:00 am and 1:00 pm. She left her house
at 11:00 am and there was no activity and when she returned around 1:00 pm
waste was being applied to the field and the waste was already running
across the road at this time. She saw a Clover M employee driving through
the waste, but making no effort to stop the waste.
9. 1 then measured the lagoon to determine the volume of waste that had been
applied to the field. The lagoon surface area at the water level was
approximately 0.44 acres. I observed that approximately 12 inches of waste
had been removed from the lagoon. This would indicate that approximately
144000 gallons of waste was removed from the lagoon.
10. 1 calculated the volume of waste that would likely flow through the irrigation
guns, if the guns were operated properly. A Nelson 150 gun should operate
at a pressure of no less than 50 psi. This gun operating at a pressure of 50
psi with the largest possible ring would apply 350 gallons of waste per minute.
This means that two guns could apply at least 700 gallons per minute of
waste to the field and likely this number of gallons is higher because this is
the minimum operating pressure.
11. A total of 3.4 hours is required to apply 144000 gallons of waste at 700
gallons per minute. If the application rate were increased to 800 gallons per
minute, which is very feasible with this irrigation equipment, then the total
time to apply 144000 gallons drops to just three hours. This time frame
would fit the time frame that I was given by Mrs. Hale and Mr. Mann for when
the application event started and when it was ended. This supports the initial
calculation of the volume removed from the lagoon.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

12. The soil conditions likely did not permit more than one third of this volume of
\� waste to infiltrate into the soil. Thus, the amount of animal waste that likely
discharged from the field was close to 100000 gallons.
13. 1 also examined how the two irrigation guns were spaced within the field. The
two guns were found to be approximately 200 feet apart. This spacing is
inappropriate for the two guns in this system. The guns have too much
overlap, which would further exacerbate the runoff problem.
The conclusion of this investigation is that waste was not applied in the manner
specified in the lagoon closure plan. Waste was not to be applied where it would run
off the application field. I hope this summary is useful to your investigation into this
matter. If I may be of further assistance, please let me know. Thank you very much.
Cc: DSWC WaRO
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

then runoff will occur. In my opinion the infiltration rate and the current
moisture holding capacity of the soil had both been exceeded during this
waste application event. This led to the discharge of animal waste from the
field.
5. 1 also observed that the application field had a crown shape with slopes to
both sides. Thus, the waste ran off both sides of this field. A small earthen
dike similar to the one by the farm road had also been created on the
opposite side of the application field to try to catch runoff from the field before
it could enter a field ditch.
6. Samples were pulled from the pond of waste beside the farm path and from
the area that I perceived to be a swamp where the waste entered. The
sample results are attached. The sample labeled F is from the field edge and
the sample labeled S is from the swamp.
7. It was now too dark to conduct any further investigation, so I would continue
on the morning of the next day, which is April 12, 2005.
8. On the morning of April 12, 2005 1 arrived at the farm and greeted Mr. and
Mrs. Hale. I asked Mrs. Hale if she had any knowledge of the waste
application activities on the previous day. She stated that the application
event started sometime between'11:00 am and 1:00 pm. She left her house
at 11:00 am and there was no activity and when she returned around 1:00 pm
waste was being applied to the field and the waste was already running
across the road at this time. She saw a Clover M employee driving through
the waste, but making no effort to stop the waste.
9. 1 then measured the lagoon to determine the volume of waste that had been
applied to the field. The lagoon surface area at the water level was
approximately 0.44 acres. I observed that approximately 12 inches of waste
had been removed from the lagoon. This would indicate that approximately
144000 gallons of waste was removed from the lagoon.
10, 1 calculated the volume of waste that would likely flow through the irrigation
guns, if the guns were operated properly. A Nelson 150 gun should operate
at a pressure of no less than 50 psi. This gun operating at a pressure of 50
psi with the largest possible ring would apply 350 gallons of waste per minute.
This means that two guns could apply at least 700 gallons per minute of
waste to the field and likely this number of gallons is higher because this is
the minimum operating pressure.
11. A total of 3.4 hours is required to apply 144000 gallons of waste at 700
gallons per minute. If the application rate were increased to 800 gallons per
minute, which is very feasible with this irrigation equipment, then the total
time to apply 144000 gallons drops to just three hours. This time frame
would fit the time frame that I was given by Mrs. Hale and Mr. Mann for when
the application event started and when it was ended. This supports the initial
calculation of the volume removed from the lagoon.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

NCDA&CS Agronomic Division Ph6ne:_(9T9)733-2655 '.: Web=Site wwwncagr co ' agr91100
Grower- Duna, William Copies To:
943 Washington Sq Mall
Washington, NC 27889
Waste Analysis Report
Farm: Hale
4/15/2005
Beaufort County
Sample Information
..Laboratory Results (parts per million unless otherwise noted) ?F ,+
Sample ID:
N
P K Ca Mg S
Fe Mn Zn Cu B MO Cl C
P
7101a! 31.6
16.o 410 134 35.6 35.3
3.08 0.25 1.20 0.16 0.45
1N•N
Waste Code:
-NII4
ALS
-NO3
Na Ni Cd P6 Al
Se Li pH SS C.N DM% CCE% ALE(Kgal)
Description:
OR-N
102
7.71
S►vine Lagoon Li .
Urea
Recommendations:
Nutrients Available for First Crop
IbS11000 g4iflons
Other Elements `_ :: 1bs11000� dllons
Application Method
N . P205 R20 Ca Mg S . Fe : Mn Zn
Gu B. :Mo _ Cl
Na `:' Nt Cd Pb
Bro,Aust
0.13 0:21 3.3 0.7$ 0.21 0.21 6.02' T 0.01
T T
0 85_ -
Irrigation
0.13 0.21 3.3 0.78 0.21 0.21 .0.02 T 0.01
T T
085
le Information
LaboratoiY Results(psr illion lest ) 2 t, s s �'znCa to s3
-.pemunahervse notedSam
Sample ID:
N
P K Ca Mg S
Fe Mn Zn Cu B MO CI C
S
Total 12.5
5.98 145 89.7 20.6 23.3
1.97 0.15 0.81 0.14 0.26
1N-N
Waste Code:
-NH4
ALS
-NO3
Na Ni Cd Pb Al
Se Li p H SS ON DM% CCE% ALE(Kgal)
Description:
OR-N
50.4
7.51
Swine Lagoon Li .
Urea
Recommendations:
..Nutrients Available for First Crop
lbs/1000 alloiLc'-
Other'Elements =: 1bS1jOOO allonS-`
Application Method
N P205 .. K?0 • : -: Ca Mg S .: - Fe..::: Mn Zn
Cu B MO C1
Nu `. .. N� :' Cd `: ': = Pb ";' AI , , . Se -`!' Li
Broadcast
0.05 0.08 1.2 0.52 ' 0.12 0.14 0.01 . '.: , T 0.01
T' T
.
0.42 F
Irrigation
0.05 0.08 1.2 0.52 0.12 0.14 0.01 T 0-01
T T
0.42

j
i
I NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL
RESOURCES, DIVISION' OF SOIL AND WATER CONSERYA TIOM
512 N. Salisbury St.,;Ar6hdale Building
Room 408
I I Rateigh, NC 27611
FA X C o v e R S
H E F T
DAM September 16, 2 05 TIME: � 7:45 A F
I
1
i TO: Busier T&O FAX: (919) 71-a718
i
iFROW Vernon Cox i PHONE: (919)7i15-6109
4 ' i PAX; ; (919 ) 715-3659
i Rill Clover M Invoice i
,} F Number of pages including cover sheet: 2
Message j I
ellasp see attached, as reg6ested.
Vernon Cox lal ; i
I r

CLOVER M RECYCLERSo INC
P. 0. Box 215
Sharpsburg, N'F 27878 {
Phone-2 2-977r?081
Fax 282•977
To: j ! ! i Ship to:
! iMr. Vernon Cox, Administrator
!
INCDENR Division of Soil and Water Conservation
j 11614 Mail Service Center
I I Ralelgh, NC 27699-1614 I !'
PUR W E REF, ' . ! I DATE E h
ORDER ' ! ' NUAABER ! •'! I M#PPED YIA
I ! ! TE I
! ' Contract #B05Q4B - Pailtlal Completion
' ! Transfer 11 pieces of equipment to and from site
930 total miles
140,000 liquid gallons pumpe i
Just and equitable ml enstaion for work 'complated
. ' Due upon receipt of Invoice ! I I I
f j
I Service 'charge 1.5% per month(18% per Annum) min, charge $1;.00 �
I THANK YOU FOR YOUR OU81NE8S
JUN ? 2 1
eaOiL &
r �
1
INVOICE 321
i
DATE, W06
� ; I,
f
i;
PEE) FROM
I.;
UNIT PRICE
AMOUNT
1,251mile
0.015
I
I'
SALES TAX
and Handling
TOTAL DUE
!II � is
,I
1,162.50
2,100.00 I i
3,

NCDAKS Agroiiomic'Division Pho9655Web93WO849
.
Grower:
Dunn, William Copies To:
'
943 Washington Sq Mall
1 -
rr.
Washington, NC 27889
�{Waste
A sisReloort
nal
y
a
Farm
5/12/2005
Beaufort County
Sample.lnformation
Laboratory.Results (parts per milhon unless otherwise noted) F.`t
°�
-
Sample ID:
N
P K Ca Mg S
Fe Mn Zn Cu B MO Cl C
11LIQ2 -
Total 15.8
23.3 5999 83.1 38.4 12.4
1.91 0.26 1,90 0.33 1.10
IN-N
Waste Code:
-NH4
N.S
-NO3
Na Ni Cd Pb Al
Se Li pH SS C.•N DM% CCE% ALE(KO)
130
9.5
Description:
OR-N
Swine Lagoon Li .
Urea
Recommendations:
Nutrients Available for First Crop
MOOOO galtons
other Elements
Application Melbod
N P2O5 K2O Ca Mg S Fe Mn Zn Cu
B Mo a
Na ..: Ni 'Cd : --Pb r-: Al :' So- :. Li' .
Irrigation
0.07 0.31 4.8 0,49 0.22 0.07 0.0I T 0.01 T
0.01
1.1
Broadcast
0.07 0.31 4.8 . 0.49 0.22 0.07 0.01 T 0.01. T
0.01.
L I
The pH of the lagoon liquid is higher than normally found in treatment lagoons. Take follow-up samples to determine if pH
remains high over time. Contact a Tech nical`'Specialist.fo be sure that the waste treatment
system is working ro erl .

. oW a r�RQG
0) 7
Q �
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7002 2410 0003 0274 6990
Mr. R.H. Mohesky
Clover M Recyclers, Inc.
6868 Reedy Branch Road
Rocky Mount, NC 27803
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 18, 2005
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Halifax County
File No. DV 2005-0012
Dear Mr. Mohesky:
Alan W. Klimck, P.E. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against Clover M Recyclers, Inc. in the
amount of $3,528.29, which includes $528.29 in investigative costs. Attached'is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htta://h2o.enr.sta1e.nc.us 2728 Capital Boulevard Raleigh, NC 27604
N6ei Carolina
vvrrturally
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

R.H. Mohesky
Page 2
August 18, 2005
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any. previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
.Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response
will provide details regarding the case status, directions for payment, and -provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must'file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of

R.H. Mohesky
Page 3
August 18, 2005
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh,.NC 27699-1636
A[IG 2 ? 2005
R>,tEIGM f I
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Sincerely,_ _-.—
eodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Jay Zimmerman, Raleigh Regional Office w/ attachments
Buster Towel], Raleigh Regional Office w/ attachments
File DV 2005-0012 w/ attachments
Aquifer Protection Central Files w/ attachments
Susan Massengale w/ attachments

JUSTIFICATION FOR REMISSION RED
DWQ Case Number: DV 2005-0012 County: Halifax
Assessed Party: Clover M Recyclers, Inc.
Permit No. (if applicable): Amount Assessed: $3,528.29
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Ri ht to an Administrative Hearing,and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty_ assessment factors in N.C.G.S. 143B-28.2_.1ib)
were wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator 12romptly abated continuing environmental damage resulting from the
violation (i.e., explain the -steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty_ will prevent_ payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

r
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Clover M Rec clers Inc.
Having been assessed civil penalties totaling.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN '
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 2005-0012
528
for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated August 18 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted'fo the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of .20
ADDRESS
TELEPHONE
SIGNATURE

r
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
IN THE MATTER OF
CLOVER M RECYCLERS, INC.
FOR VIOLATIONS OF
N.C.G.S. 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV-2005-0012
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
Theodore L. Bush, Jr., Section Chief of the Aquifer Protection Section of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Clover M Recyclers, Inc. is a company organized and existing under the laws of the
State of North Carolina.
B. Roland H. Mohesky is the owner and registered agent of Clover M Recyclers, Inc..
C. G.S. 143-215.1(a)(1) states, "...No person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from
the Commission and has complied with all conditions set forth in the permit: Make.
any outlets into the waters of the State."
D. On April 11, 2005, staff from the Fishing Creek Soil and Water Conservation District
observed run off of swine waste from the Henry Earl Hale Farm as a result of land
application activity being performed by Clover M Recyclers, Inc. The observed
runoff crossed over a farm path and ran on to property owned by adjacent
landowners, and continued to flow into an unnamed tributary to Beaver Dam Swamp.
The unnamed tributary to Beaver Dam Swamp is Class C Sw NSW waters of the
State within the Tar -Pamlico River Basin.
E. Clover M Recyclers, Inc. had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $ 528.29.
Based upon the above Findings of Fact, I make the following:

V
H. CONCLUSIONS OF LAW:
A. Clover M Recyclers, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to Beaver Dam Swamp constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-'212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1.
D. Clover M Recyclers, Inc. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty —
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.
E. The State's enforcement costs in this matter may be assessed against Clover M
Recyclers, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Section Chief of the Aquifer Protection Section, Division of Water Quality
pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Clover M Recyclers, Inc. is hereby assessed a civil penalty of:
$ C7; ? n for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 3 U 0 0, 0_0 TOTAL CIVIL PENALTY
$ 528.29 Enforcement costs
$ TOTAL AMOUNT DUE

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

r -1
L11 I 8
I Levi
April 27, 2005
Mr. Buster Towell
N. C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
HUNTON & WILLIAMS UP
POST OFFICE BOX 109
RALEIGH, NORTH CAROLINA 27602
TEL 919. 999 • 3000
FAX 919.833 •6352
JASON S. THOMAS
DIRECT DIAL: 919-899-3410
EMAIL: [e-mail]
FILE NO: 57290.00000
DOC NO: 263126.VI
Re: Clover M Recyclers, Inc. - Notice of Violation; Intent to Enforce;
Discharge of Waste from H. E. Hale Farm Without a Permit
(Halifax County)
Dear Mr. Towell:
This letter confirms our agreement during a telephone conversation on Tuesday
afternoon concerning responding to a Notice of Violation, dated April 18, 2005
("NOV"), sent to Clover M Recyclers, Inc. In the NOV, Clover M Recyclers, Inc., is
given 10 days after receipt to respond. During our conversation, we agreed that Clover
M Recyclers, Inc., has until May 20, 2005, to respond to the NOV. Thank you for this
consideration - we will need this additional time to learn the facts related to the NOV
and to write a response.
The NOV mentions sampling and photographs of the discharge. I would like to
review the photographs and the sampling results when they become available, as well as
any other documentation related to the NOV and the discharge. Please let me know
when the sampling results are available, and I will arrange to have all the relevant
documentation collected at that time.
,- UL1N A AUSTIN BANOWK IIRUSSEI-S �- I IAKI-017L. DAU,AS 11ONG KONG KNONVIL1-171
LONDON ;M(11AN M1A.M1 NEWYORK NORFOLK RALIiIGII RI1_IIN117ND S1Nt]APORE WASIIINGTION
Ww"011.I1111)MUU111

I
Mr. Buster Towell
April 27, 2005
Page 2
With best regards, we are,
Very truly yours,
HUNTON & WILLIAMS LLP
Jason S. Thomas
JST:bhb
cc: Mr. Carl Dunn
Environmental Engineer
Fishing Creek (Halifax) WCD
P. O. Box 8
Halifax, North Carolina 27839-0008
99999.001101 RALEIGH 263126vl

r. May-20-05 11:16am From-HUNTON&WILLIAMS
+0109136352 T-728 P- 01 /04 F-273
POST OFFICE BOX 109
RALEICH, NORTH CAROLINA 27603
TEII 919.899 • AM
FAX 90 9 • X33 • e332
TO NAME BUSTER TOWELL
FIRM N.C. Qivision of Water Quality
Raleigh, Norm Carolina
FAX NO.: [phone]
PAGES (INCLUDING COVER): 4
ORIGINAL TO FOLLOW IN MAIL: R yes p No
FROM NAME: Jason S. Thomas
DIRECT DIAL-. 919-899-3416
MES"GE
Vw MAY ;
r 2 � 20Q5
bri'NR RALEIGH REWi A1, OF0.4
If PROBLEM WITH TRANSMISSION, PLEASE CONTACT BARBARA BELLO AT (90) 899.3028.
DATE: May 20, 2005
TIME.
CLIW I MATTER NAME: Clover M Services, Inc./Flake Farm NOV
CURNTrMATTER No.: 57290.000004
Tnis communication is conlidential and is intengeD to be privilepd pursuant to the attomeycloix pnvitep and the work-producl awrine It
the reaaer of this message is not the intended retapient, or the employes or agent responsiale to oeiiver M m the imendea recipient, you are
nerePy notiW that any dissemination, drstnpuuon or copying of true communicaton is Smelly prohibited Ir you nave receivea this.
communit uor► in error, please immematety notity us by telephone, anwa Mum the Original message to us at the Mve 900ress VA ttre U.S.
Posr;t Service.

MU-20-05 11.16am From-HUNTONAILLIAMS
+0188336352 T-728 P.02104 F-2T3
w
M
May 20, 2005
Mr. Buster Towell
N. C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
Ill. NTON & wlt UAMS LLF
POST OFFICE Sox 109
RALEIGH. NOttTti CAROLWA 276M
TEL 919 • d9 - M
FAX • 919.933.63S$
JASaN S MMA5
DIRT' DIAL: 914- W3416
EMA11.: JAADfl?bGWWJyncom
F" NO: S72QQ4xl YJ4
DOCNO- 264717.Y2
Rc: Clover M. Recyclers. Inc. - Notice of Violation; Intent to Enforce;
. Discbgrgg s;}f„ Waste imm LL E. Hale ram WithouLa Pe=jj (IjalifA& Co_ terry)
Dear Mr. Towe11:
On behalf of Clover M. Recyclers, Inc. (•'C1v1R" ), this letter responds to your April 18,
2005, letter, consistent with our agreement to delay the time. that a response was due until
today. 'shank you again for that extension; it was helpful and necessary in gathering the facts.
Your letter of April 18 is labeled a Notice of Violation and Intent to Enforce (-NOV") sent to
CMR, related to operations at the hale Farm in Halifax County, North Carolina. CMR hopes
that the facts related below will assist the Division of Water Quality (" DWQ") in evaluating
those operations and the NOV_
The NOV asserts that on April 11, 2005, swine waste ran off the site and into a
tributary of Beaverdam Swamp, in violation of N.C.G.S. § 143-215.1(a). That statute rcgoires
that a permit be issued before certain activities may be conducted From this, we assume that
DWQ alleges that the runoff of swine waste on April 11 violates the terms of a permit
applicable to the operations at Hale Farm.
On April 11, CMR was implementing a Waste Structure Closure Plan ("WSCP")
developed by Will Matto of the Fishing Creek Soil and Water Conservation District. The
WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon #1 contains 6,876 lbs. of plant available nitrogen C'PAN') in
AT,nV:A .111 I)Ai.LAL SNQX\11L:=
LON!;;l\ WAV-1 \�W :'UX.1, iUChY.VN!; S:;:;Ar�-ir 14KS'ri1N,Jt)N

MRY-20-05 11:16am From-HUNTON&WILLIAMS +0198336352 T-T26 P.03/04 F-273
11 Ne"I
i I Ifl ;WU
IN "53
Mr. Buster Towel]
May 20, 2005
Page 2
758,000 gallons of sludge and liquid; Lagoon #2 contains very little nitrogen - only 393 lbs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since the last
measurement of the lagoons contributed an additional approximately 150,000 gallons of water,
further diluting the lagoons. The start date of the WSCP was March 21, 2005, and its closure
end date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to getout spray application of water from the lagoons. The tenant
on the Hale Farm, who wanted to plant cotton, was urging CMR to complete the WSCP.
On the morning of April 11, 2005, Mr. Mohesky for CMR notified Mr. Mann by
telephone that he planned to begin applying water from Lagoon No. 2 at the Hale Farm to
certain nearby fields, prirstiant to the WSCP. The call was to alert Mr. Mann of the beginning
of the work, based on the assumption that he would want the opportunity to inspect the
operation. As noted above, compared with Lagoon #l, Lagoon 02 contained more water and
sludge, but very little PAN. Lagoon 02 had not been agitated prior to pumping, and CMR
began pumping off top water, which contained less than 40 ppm nitrogen. The irrigation reels
were adjusted to apply one inch of water per acre per hour, were placed in adjoining lanei in
field #17. and were run simultaneously beginning at about 12:30 pm.
During the next ho", Mr. Mohesky inspected the operation three tithes to assure that it
was operating consistently with the WSCP. During one inspection, Mr. Mohesky noticed that
the spray was reaching the farm path, and he adjusted the swing of the reel to prevent water
from being sprayed on the path. He then went to an adjoining field to assist in setting up a
third irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation from the WSCP until Mr. Mahn arrived, as discussed below.
At approximately 3:30 pm on April 11, Mr. Mohesky recognized Mr. Mann's tuck as it
entered the Hale Farts site, and Mr. Molt -Sky went to meet him. Mr. Maas alerted Mr.
Mohesky that runoff from field #17 was crossing the farm path. Mr. Mohesky immediately
shut off the pump from Lagoon #2 and, using a bulldozer, built a berm to contain the runoff. It
appeared that the berth halted any runoff from the field. Once it appeared that the situation had
been stabilized, Mr. Mohesky left the sit& at about 5:00 pm,
CMR regrets that water from Lagoon 02 ran off of field 4117, despite its best efforts to
manage the operation and cope with the spring weather and the deeds of the tenant farmer.
Fortunately, there is no evidence of any harm to water quality, because the pond water
contained such low levels of nitrogen in it, and the fact that remedial steps were taken
immediately upon discovery.
57290.00OW4 RAL1r10H 2.647174

' MOY-20-05 11:17am From-HUNTON:WILLIAMS +0108336352 T-T28 P.04/04 F-273
Mr. Busher Towell
May 20, 2005
Page 3
CMR is aware that samples of water have been collected and analyzed from one of the
lagoons, from near the berm, and from a tributary to Beaverdam Swamp. Although the lack of
chain of custody prevents their usage for formal purposes, the sample results appear to support
the conclusion that very little, if any, nitrogen from Lagoon #i2 was present near tha berm, and
virtually none entered the Beaverdam Swamp tributary.
CMR and Mr. Mohesk-y hope that this single, isolated incident will not undermine the
confidence that the Division of Soil and Water Conservation and other goverrtmental and
private entities may have that CMR can continue to work on lagoon closures in a manner that
is consistent wish approved plans. CMR believes that this work is important and is committed
to implementing the plans properly. CMR will continue to meet with State personnel to
discuss lagoon closures to help assure that the closures meet all applicable requirements.
If it would be helpful for CMR or Mr. Mohesky to provide any additional information,
please do not hesitate to contact me. With best regards, we are
Very truly yours,
HUNTCIN & WILLIAMS LLP
Jason S. 'Thomas
I ST:bhb
cc: Mr. Will Marta
Environmental Engineer
Fishing Creek (Halifax) W CD
P. Q- Box 8
Halifax, North Carolina 27839-OWS
Mr. Carl Dunn
Environmental Engineer
Division of Soil & Water Conservation
943 Washington Square Mail
Washington, North Carolina 27889
57290.000004 FALEtGH 26471M

May-23-05 03:14pm From-HUNTON&WILLIAMS
+0108336362 T-732 P,01/06 F-312
HUNWN&
WUEAMS
TO NAME
RRM
FAX NO.:
FAQFS (INCLUDING COVER):
ORIQIkU TO FOLLOW IN MAIL:
FROM NAME:
DIRECT DIAL:
M95SAGS
Purr OFFICE SOX tut
RA! EIGH, NORTh CAROLINA 27602
t AX 9I4.933.6352
BUSTER TQWELL
N.C. Division of Water Quality
Raleigh, North Carolina
[phone]
4.
�! Yea p No v
Jason S. Thomas
919.899-3416
IF PROKIM VATH TRANSMISSION, PLEASE CONTACT BARBARA BELLO AT [phone].
DATE: May 23, 2005
TIME:
CLteNTIMATTER NNE: Clover M Services, IncMale Farm NOV
CLIENTIMATTFKR NO.: 57290,000004
True communtemon is eortfIcential and is Intended tow privileged pursuant to the attormy-diem pnwlege ana the work-proauot aocmne it
the reader of to message a noT the intended recipem, or the employee or agent regmnmw m waiver a to me immm ea mecoem, you ate
heroy notifies that arty dissemination, distnb4tm or copying at Inis oaatmunicauon is't oy prohibited. d you !rave received MIS
commurimauon in error, please immedtMy no* us by telephone, and mtum the ongprW message to us at the strove address via the U.S.
Rom Service.

May-Z3-05 03:15pm From-NUNTON:WILLIAMS
+01118330352 T-T32 P.02/05 F-312
of *'Tom 7
1
May 23, 2005
yjA FACSIMILg to (9191571-471$
ANP FIRST CLASS MAEL
Mr. Buster Towell
N- C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
14UNTON A WI4I.IAM5 L-LF
POST OFFIM sox 109
PAI. GM. NORTH CARUIJNA 27603
FAX [phone]
JASON S. THOMAS
Dili =DIAL OIW899.3/36
EMAIL.' JMWMraOnYmmnCGM
FILE Na 572rxw O00004
DOC NO 7641O.V3
CTED COPY OF
S
Re; Clover M. Recyclers, Inc. - Notice of violation; Intent to
EnfolSe: Dischy a of Waste from H._E. Haie Farm lyi1begi as i°eMjj[
Dear Mr. Towell:
On behalf of Clover M_ Recyclers, Inc. ("CW ), this letter responds to your April 18,
2005, letter, consistent with our agreement to delay the time that a response was due until
today. Thank you again for that extension: it was helpful and necessary in gathering the facts.
Your letter of April 18 is labeled a Notice of Violation and Intent to Enforce C'NOV") sent to
CMR, related to operations at the Hale Farm in Halifax County, North Carolina. CMR tropes
that the facts related below will assist the Division of Water Quality ("DWQ") in evaluating
Those operations and the NOV.
The NOV asserts that on April 11, 2005, swine waste ran off the site and into a
tributary of Beaverdam Swamp, in violation of N.C.G.S. $ 143-215.1(a). That statute requires
that a permit be issued before certain activities may be conducted, From this, we assume that
DWQ alleges that the runoff of swine waste on April 11 violates the terms of a permit
applicable to the operations at Hale Farm.
On April 11, CMR was implementing a Waste Strum a Closure Plan ("WSCP")
developed by Will Maan of the Fishing Creek Soil and Water Conservation District. The
ATi +'4'!% AUSTIN ba-mi SOPL SRUSSf1.5 CH,6RLOTTE DALLAS HONC KON'G Y.KOMULTL
LUNDU1 M, U,'•N M!AN19 ♦F-w YOk& NORFOLK RALr[C.tf KI(MMGNG SINGAPORE WASHINGTON
~A'.11Uu1z0n.r0m

flay-;3-05 Q3:16Pm From-HUNTONAWILLIAMS [phone] T-TH P.03/05 F-212
Mr. Buster Towell
May 23, 2005
Page 2
WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon #1 contains 6,876 lbs. of plant available nitrogen C PAN") in
758,000 gallons of sludge and liquid: Lagoon tit contains very little nitrogen - only 393 lbs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since the last
measurement of the lagoons contributed an additional approximately 150,000 gallons of water,
further diluting the lagoons, The start date of the WSCP was March 21, 2005, and its closure
and date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to permit spray application of water from the lagoons. The tenant
on the Hale Farm, who wanted to plant cotton, was urging CMR to complete the WSCP.
On the morning of April 11, 2005, Mr. Mohesky for CMR notified Mr. Mann by
telephone that he planned to begin applying water from Lagoon No. 2 at the Halt Farm to
certain nearby fields, pursuant to the WSCP. The call was to alert Mr. Mann of the beginning
of the work, bayed on the assumption that he would want the opportunity to inspect the
operation. As noted above, compared with Lagoon #l, Lagoon #2 contained more water but
very little PAN or sludge. Lagoon #2 had not been agitated prior to pumping, and CMR began
pumping off top water, which contained less than 40 ppm nitrogen. The irrigation reels were
adjusted to apply one inch of water per acre per hour, were placed in adjoining lanes in field
017, and were run simultaneously beginning at about 12:30 pm.
During the next hour, Mr. Mohesky inspected the operation three times to assure that it
was operating consistently with the WSCP. Dining one inspection, Mr. Mohesky noticed that
the spray was reaching the farm path, and he adjusted the swing of the reel to prevent water
from being sprayed on the path. He then went to an adjoining field to assist in setting up a
third irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation from the WSCP until Mr. Mann arrived, as discussed below.
At approximately 3:30 pun on April 11, Mr. Mohesky recognized Mr.Mann's truck as it
entered the Hale Farm site, and Mr. Mohesky went to meet him. Mr. Mann alerted Mr.
Mohesky that runoff from field#17 was crossing the farm path. Mr. Mohesky immediately
shut off the pump from Lagoon #2 and, using a bulldozer, built a berm to contain the runoff. It
appeared that the berm halted any runoff from the field. Once it appeared that the situation had
been stabilized, Mr. Mohesky left the site at about 5:00 pm.
CMR rcgrcts that water from Lagoon 02 ran off of field 017, despite its best efforts to
manage the operation and cope with the spring weather and the needs of the tenant farmer.
Fortunately, there is no evidence of any harm to water quality, because the pond water
57290.00DO04 R-AL 01i 2647170

tlaY-23-05 O3:16pm From-HUNTON&WILLIAMS [phone] T-732 P.04/05 F-312
1
wo
Mr. Buster Towell
May 23, 2005
Page 3
contained such low levels of nitrogen in it, and the fact that remedial steps were taken
immediately upon discovery.
CMR is aware that samples of wafer have been collected and analyzed from one of the
lagoons, from near the berm, and from a tributary to Beaverdam Swamp. Although the lack of
chain of custody prevents their usage for foruW- purposes, the sample results appear to support
the conclusion that very little, if any, nitrogen from Lagoon #2 was present near the berm, and
virtually none entered the Beaverdam Swamp tributary.
CMR and Mr. Mohesky hope that this single, isolated incident will not undermine the
confidence that the Division of Soil and Water Couservation and other governmental and
private entities may have that CMR can continue to.work on lagoon closures in a manner that
is consistent with approved plans. CMR believes that this work is important and is committed
to implementing the plans properly. CMR will continue to meet with State personnel to
discuss lagoon closures to help assure that the closures meet all applicable requirements.
If it would be helpful for CMR or Mr. Mohesky to provide any additional Wormadon,
please do not hesitate to contact me. With best regards, we are
Very truly yours,
HUNTQN & WUJI"S LLP
Jason S. Thomas
l ST:bhb
57290.000004 RAWMGH 254717r3

Irby-23-05 03:15pm From-HUNTONAI LL I AMS +0108336352 T-T32 P, 05/05 F-312
m
Mr. Buster Towell
May 23, 2005
Page 4
cc: Mr. Will maw
Environnwwal Engineer
Fishing Creel: (Halifax) WCD
P. 0, Box 8 -
Halifax, North Carolina 27839-0008
Idr. Carl Dunn
Enviroriwnental Engineer
Division of Soil & Water Conservation
943 Washington Squaw Mall
Washington, North Carolina 27989
57290000004 RAL.EIGH 264717,,3

�0F wArFRQ Michael F, Easley, Governor
William G. Ross Jr., Secretary
�! r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice of Violation
Intent To Enforce
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Halifax County
Dear Mr. Mohesky:
On April 11, 2005, the Raleigh Regional Office received a call from Mr. Will Mann with the
Fishing Creek Soil and Water Conservation District reporting that he had observed a discharge of
swine waste from land application activity on the Henry Earl Hale Farm earlier that day. The land
application activity was conducted as part of a lagoon closure to satisfy requirements of the
Swine Lagoon Buy Out Program administered by the N.C. Division of Soil and Water
Conservation.
Mr. Mann stated upon arriving on site he observed two traveling guns spraying wastewater on
the field located directly behind the home of Mr. Hale. He stated that wastewater was actively
running across the farm path through the adjacent field and also through a waterway into the
woods and into the adjacent swamp. Mr. Mann stated that he also observed run off from the spray
field into a farm ditch on the far side of the field. Mr. Carl Dunn, Environmental Engineer, with
the State Division of Soil and Water Conservation arrived on site at approximately 7:00 PM the
evening of April 11, 2005. He and Mr. Mann collected samples of the run off and took a series of
photographs.
Mr. Buster Towell met with Carl Dunn, Mr. Vernon Cox, and Mr. David Williams of the
Division of Soil and Water Conservation the morning of April 12, 2005. Mr. Towell collected
additional samples and Mr. Dunn estimated that there had been approximately 145,000 gallons
removed from the secondary lagoon. It was estimated that at least 100,000 gallons ran off site and
into an unnamed tributary to Beaverdam Swamp which is Class C sw NSW waters within the
Tar -Pamlico River Basin.
The above referenced discharge of swine waste into waters of the State is a violation of North
Carolina General Statute 143-215.1(a), and as such is subject to civil penalties of up to
S 25,000.00 per day.
Aquifer Protection Section - Raleigh Regional Office
ne
1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service 1-877-623-6748 O Carolina
3800 Barrett Dr. Raleigh, NC 27609 FAX [phone] lntemet: htlpl/h2o.enr.stale.naus turally
An Equal 0mrttmIN/Affimiathre Action Emolover — 50% Recvcledl10% Post Consumer Paoer

Mr. R.H. Mohesky
NOV/NOI
Page 2
Please respond to this Notice in writing within ten days of your receipt. Your response should
include a detailed summary of the aforementioned land application event and any other pertinent
information relating to this incident.
If you have any questions regarding this Notice you should contact Buster Towell of the
Raleigh Regional Office Aquifer Protection Section at [phone].
Sincerely,
S. Jay Zimmern-►an. L.G
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax County)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
RRO Files

CLOVER M RECYCLERS, INC -
P. O. a lox 215
Sharpeburg; Ni 27878
Phone [phone]
Fax 252-977, 8
To: I ship to;
Mr. Vemon Cox, Administratbir
NCDENR Division of Soil and Water conservation
16 14 Mail Service Center
.
Raleigh, NC 27699-1614,
20
rim
501L & WATLn
INVOICE 321
DATE: W/06
PURCHASE
REF' —
OATE
--SHIPPE
SHIPPED FROM
ORDER
NUMB ER
4H NIPPED
VIA
J.
UNIT PRICE
AMOUNT,
Contract 0905046 - OaMal
Completion
1
Transfer 11 pieces of e�uipment
to and from site
930 total miles
1.25/mile
1,162.60
140,000
liquid gallons pumped
i
0.015
2,100.00
•
Just and equitable Corn
nstsion for work complet0d
•
� i
1 I ! J
+r � I
i {
Due upon receipt of Invoice
Service charge 1.5% per month(16A IerAnnum) min, charge
TH/ NK YOU FOR YOUR
SUBTUTAL 3,252.150
SALES TAX
and Handling
TOTAL DUE 3,262.60
11!

Michael F. Easley, Governor �_ William G. Ross Jr, Secretary
NCDENR
"oM " C..o,, A DEP .ENT or
ENVIRONMENT AN. NATURAL R—o—ce.
N.C. Department of Environment and Natural Resources
Release: IMMEDIATE Contact: Susan Massengale
Date: April 15, 2005 Phone: [phone], ext. 227
DWO INVESTIGATES 100,000-GALLON SPILL FROM HOG FARM IN HALIFAX COUNTY
RALEIGH — The N.C. Division of Water Quality is investigating a spill of about 100,000 gallons of
animal waste from a former swine farm in Enfield in Halifax County.
The farm, owned by Henry Earl Hale, is part of the N.C. Division of Soil and Water Conservation's swine
buyout program for animal waste lagoons located within the I00-year floodplain. The program, which receives
funding from the Clean Water Management Trust Fund, removes high -risk swine production operations from the
100-year floodplain and reduces potential hazard from future floods while keeping the land in agricultural use.
In September 2004, DSWC purchased a 20-acre easement from Hale for $115,630 as part of the program.
DSWC entered into a $33,750 contract in February 2005 with Clover M Recyclers Inc. of Sharpsburg to close out
the lagoons on the site. Clover M Recyclers began the closure process Monday morning by land applying waste
to fields at the farm to empty the lagoons as part of the closure process.
A technician with the Fishing Creek Soil and Water Conservation District arrived to inspect the site
Monday afternoon and observed a discharge from the field. He immediately directed the contractor to shut off the
system and put up berms to prevent additional runoff and he then notified the Division of Water Quality.
The spill ran off the farm field and into an unnamed tributary that feeds Beaver Dam Swamp, which flows
to Fishing Creek in the Tar -Pamlico River Basin. DWQ inspectors estimate that 150,000 gallons of waste were
pumped and approximately 100,000 gallons flowed off the application fields. DSWC and DWQ staff sampled
downstream waterways on Monday aftcrnoon and Tuesday. The results of the tests were not available as of
Friday morning.
Swine at the fann were removed in the spring of 2004. The wastewater from the lagoon was fairly diluted
from rainfall and nitrogen levels were low, according to DWQ inspectors.
As a result of the events and the ongoing investigation, the Division of Soil and Water Conservation has
terminated its contract with Clover M Recyclers for the closeout work at the Hale Swine Farm. Clover M has not
received any payments from the contract.
The Division of Soil and Water Conservation and the Division of Water Quality are agencies in the N.C.
Department of Environment and Natural Resources.
Office of Public Affairs Don Reuter, Director
Phone: [phone] FAX [phone]
1601 Mail Service Center, Raleigh, NC 27699-1601 don.reuter(@,,ncmail.net
An Equal Opportunity / Affirmative Action Employer

44 A jQv Mlo S1 F. 2 dey. Oovemor
r
Nonh cmilao Willimn0, ftaos h., 9ectetpry
Dep nosont of Bavironmi vad Upturn) Ruourcm
a �e
Alm W. Klimek. P.E. Mow
D1Yblon of Water Quatlq
April 18, 2005
Mr. R.H. Mobeaky
Clover M Recyclers, Inc.
6868 Reedy Branch Road
Rocky Mount, North Carolina 27803
Subject: Notice of Violation
Intent To Enforce
Discharge of Swine Waste
From H.F. Hale Farm Without A Permit
Halifax County
Dear Mt, Mohesky:
On April 11, 2005, the Raleigh Regional Office received a call from Mr. Will Mann with the
Fishing Creek Soil and Water Conservation District reporting that he had observed a discharge of
swine waste from land application activity on the Henry Earl Hale Farm earlier that day. The land
application activity wes odnducted as part of a lagoon closure to satisfy requirements of the
Swine Lagoon Buy out Program administered by the N.C. Division of Soil and Water
Conservation.
Mr. Mann stated upon aRtiving on site he observed two traveling guns spraying wastewater on
the field located directly behind the home of Mr. Halo. He stated that wastewater was actively
running across the farm path through the adjacent field and also through a waterway into the
woods and into the adjacent swamp. Mr. Mann stated that he also observed run off from the spray
field into a farm ditch on the far side of the field. Mr. Carl Dunn, Environmental Engineer, with
the State Division of Soil and Water Conservation, arrived on site at approximately 7:00 PM the
evening of April 11, 2005, He and Mr. Mann collected samples of the run off and took a series of
Photographs.
Mr. Buster Towell met with Carl Duwu Mr. Vernon Cox, and Mr. David Williams of the
Division of Soil and Water Conservation the morning of April 12, 2005. Mr. Towel) collected
additional samples and Mr. Dunn estimated that there had been approximately 145,000 gallons
removed from the secondary lagoon. It was estimated that at least I00,000 gallons ran off site and
into an unnamed tributary to Beaverdatm Swamp which is Class C sw NSW waters within the
Tar -Pamlico River Basin.
The above referenced discharge of swine waste into waters of the State is a violation of North
Carolina General Statuto 143.215,1(&), and as such is subject to civil penalties of up to
S 25,000.00 per day, ft
North Carolina Divisics of Wda Qual lty 1617 Mall Suvlce Center Italaleh, NC 27699.1611 Phone [phone] S Custama 5wice
Inatmet h2osru.stele.aaus 5I2 N, sobs" St. Raleigh, NC 27604 FAX [phone]•623-6149
An Equal OwdmitrlAtifrw% Ado Employer— 50% Raeydo00% pant Cameumer Pepe

Mr. R.H. Mohek
NOV/N01
Page 2
Please respond to this Notice ig within ten days of your receipt. Your response should
include a detailed summary of the aforementioned land application event wd any other pertinent
infarmution relating to this incident
if you have any questions regarding Ws Notice you should contact Buster Yoweil of the
Raleigh Regional Office Aquifer Protection Section at [phone].
Sincerely, k
cuc/le- -----
5.1 L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax County)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
RRO Files

r S
Report to: (o Lr 11 C7 WATER QUALITY SECTION Pag _f
CHAIN OF CUSTODY (COC) RECORD
NC DENR/DWQ LABORATORY (check one); gpL (j AR0 I 1 waRO � ��,. •
For Investigation of: f� 2 J 4 G s N
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and DM-i forms completed by: (�f,+ 31Cgf /e LJ e- 1� -- Sample collector's signature:
Field storage conditions and location (when applicable): `, r
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DATE
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Date
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Sealed by: Broken by:
Security Type and Conditions: 1(3. 7�� z [ r _ T
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seed: Ya ❑ No1/S Chlexfneted Ytm ❑ No �$EIQIIRSS: �jr .1 1" GY /vp E� 1'
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Callferat: IMF Total 31504
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Cstiformc Tobn Fecal 31615
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CoMorm Fecal Strap 31673
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Residue Told 500
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Volatile 533 tms/I
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Addity to PH 4.5 4M m6n
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llcidtty to dli." 435 mg/1
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Alkalinity to PH 3.3 415 m9f1
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Alkalimity to pit 4.5 410 mgfl
19
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Time Begin Date
3 cs'
Ckloddle 949 m9/1
Chl e: TO 31217 u911
C ld w Corr 32M9 u4/1
pheophytio a 32213 USA
Color: Tree 80 Pt -Co
Calar..w ) 83 ADM
Ce1ar. PH 7A 52 AM
Cyanide 720 mo/I
Fhtoride 951 m9/1
Pa -
Grasse and Oils 566 ragll
Hardness Total 9M ragA
SpecWt Coed. 96 aMhos/eae2
7�AS 39260 sell
f'!tellots M30 u'n
sa3ste 945 _.. �
Batbil4 745 t+i9/I
EndIDepth DM DH DHM
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IM at 14 615 mall
NO2 Pitt* NO3 as N 630 mpA
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PO4 as P 70507 ratan
11e Dbmeely" me P 666 m1AN
C -Cm mktm 1027 u9A
Cr(2tiHardumiluta1IOU
Ali Nieinl 7067 .94
Pb-Lead 1051 ^�^non
Tazkw 109,2 9e/1
ihrar 1077 USA
AFAhmimaem 1106 mp/t
Big-Bary111rm, 1012 fAsA
Ga Caktiam 916 mH/I
Co-Cebwlt 1037 NSA
Fe -iron 1045 -0
T s B ` C (.q� GNXX
11-I.kieium 1132 44h
Mr4iagaeslwe 927 nrg/t
IW►�Imnpansse 1055 men
24a6wlittm 9t9 tagll
Ar6ank-tirotal I 2 09/1
se-Selsaiam 1 L47 419/1
Hirmarc T 71906 UR
Orsamoddartne Pestkixws
Orspgplgiphoru c Pad ss
Add Herbicldee
Base/ Neatral Extractable O:Samlcs
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Phytophtaklen
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JUN-24-2005 10:08 NCDWQ LABORATORY SECTION
919 733 6241 P.02
If
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TOTAL P.02

i
2547
f�nC///e 1
t.Z._M2�S'-"i-
fie

# days s
last rain,
'amount
location of
rain data
Total Acres on site L.
Acres of. wetland
Acres of non -wetland
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/Site Location Date:
Applicant/Owner: hf �' County: c
I�vestipator: t- State: l2/ C
Do -Normal Citcurnstances exist on the, site? Yes .No. Corriniunity ID: ! �
Is t ie•site significantly disturbed (Atypical Situation)? Yes No Trahsect ID:
Is the: area a potential Problem Area? Yes No Plot 10:
(If needed, explain on, reverse.)
VVEGETATION [ list the 3 dominant species in each vegetation laver (5 if onix 1 or 2 lavers)]
Indicator Indicator E
Genus species Status Gnus species tams
Trees (30' radius; >3"DB�Si; st rri count; B # area) Herbs(S'radius; Ht. <3.2' ; % aerial cover)
Shrubs (5' radius; >3.2' Ht•<3 "DB14stem count) Woody Vines(30' radius; stem count)
F /) C f
OBL, FACW, & FAC are considered to be typically adapted to life in anaerobic soil condid
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-)
>50% FAC or getter = prevalent. Hydrophytic vegetation prevalent?.- YES NO
Remarks
HYDROLOGY
Recorded Data (Describe In Remarks):
Wetland Hydiolo6y Indicators:'.
_ Stream, Lake, or Tide Gauge
Primary Indicators: .
Aerial Photographs
Inundated
_
Other
�Zseturaied in Upper. 12 Inches.
_
No Recorded Data Available
Water Marks
_ Drift Lines
Sedimani.Deposits
Field Observations:_
Drainage Pdtterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surfsoe Water.. (in.)
_k,� Oxidized Rdot'Channels.ln Upper 12.Inches
ter-Stained Leaves
Depth to FreeWater. in Pit: (in.)
NWaC-Nautral
osISoll survey Deto'
Test
Depth to Saturated Soil: _ �_(in.)
Other (Explain in Remarks)
Remarks:
' 7 '
C_

Landform: marsh flood plain.
toe 'of slope seep side slope seep
SOILS
pocosin Carolina Bay 'depression.
flat (interstream divide)
Map Unit Name A ^ hp
ISerles and Phases: '�~ '� `A r Drainage Class: + i1
taxonomy (Subgroup).. �• ' `
Field Obsations
} E "' a '� FeryConfirm Mapped Type? Yes No
.file 2092tiolion.,
Depth Matrix Color
v
Mottle Colors Mottle Texture, Concretions,
Unchasl fjorizal)(Munsell Moist)
(Mgnsell Moist)_ - Abundanoa/C.ntrasr StMoture. etc,
-5,
Hydric Soil Indioatore:
Histosol
_ Concretions
Histlo Epipedon
High Organic Cantent in Surface Layer in Sandy soils
Sulf)dlo Odor
Organic Strealdrig in Sandy Soils.
_ Aqui. Moisture RegimeListed
on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
2Gleyed Low -Chrome Colors Other (Explain in Remarks)
or
_
U!$SA1G per- .
Remarks:
Meets Hydric Soil Indicator
Does not meet an indicator
WETLAND DETERMINATION
Hydrophytio Vegetation Present? Yes No (Circle)
Wetland Hydrology Present? f Yee No
Hydro Soils Present? Yes/ No
Remarks:
VV
(Circle)
Is this Sampling Point Within a.Wetland? Yes No
*Normal Circumstances: The soil and hydrology are what would normally exist without regard to
vegetation.
**Atypical Situations: Indicators of hydrophytic vegetation, hydric soils, or hydrology are mussing due
to recent "recent human activities or natural events". (87 Manual)
***50120 rule for selection of dominant species: For each stratum in the plant community, dominant
species are the most abundant plant species (when ranked in descending order of abundance and
cumulatively totaled) that immediately exceed 50% of the total for the stratum, plus any additional
species comprising 20% or more of the dominance measure for the stratum. Eg. PITA 55, LIST 20,
ACRU 20 = 3 dominants

La, i�dform_: marsh flood plain pocosin Carolina Bay depression
toe'of slope seep______ side slope seep flat (interstream divide)
SOILS
Map Unit Name
(Series and Phase): _ 4
6G ��3 ��-jam Drainage Class:
Field Observations
Taxonomy (Subgroup):
Confirm Mapped Type? Yes o
Profile Descriadon:
Depth Metrix Color Mottle Colors Mottle Texture, Concretions, "
(in2fteeslesr_ Horizon IMunsell Moist) (Munsell
Moist) Abundance/Contrast Strugture, etc,
Hydric Soil Indicators:
Histosol •
Concretions
— Histia Epipedon
High Organic Content in Surface Layer in Sandy Soile
Sulfidio Odor
_'organic Streaking In Sandy Soils
Aquic Moisture Regime
_ Listed an Local HydAc Solis List
Reducing Condition
Listed on National Hydrio Soils List
"Gleyed or Low-Chroma Colors "
.. Other (Explain in Aamarks) "
Organic paw ,
Remarks:
Meets HY dria Soil Indicator
Does not meet an indicator
WETLAND DETERMINATION
Hydrophydc Vegetation Present?' Ye No IClrcle) (Circle)
Wetland Hydrology Present? Yes
Hydrio Solis Present?' Yes No Is this -Sampling Point Within a Wetland? Yes
Remarks:
*Normal Circumstances: The soil and hydrology are what would normally exist without regard to
vegetation.
**Atypical Situations: Indicators of hydrophytic vegetation, hydric soils, or hydrology are missing due .
to recent "recent human activities or natural events". (87 Manual)
***50120. rule for selection of dominant species: For each stratum in the plant community, dominant
species are the most abundant plant- species (when ranked in descending order of abundance and
cumulatively totaled) that immediately exceed 50% of the "total for the stratum, plus any additional
species comprising 20% or more of the dominance measure for the stratum. Eg. PITA 55, LIST 20,
ACRU 20 = 3 dominants

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��F W A TF�Q Michael F. Easley, Governor
�� G William G. Ross Jr., Secretary
V] r North Carolina Department of Environment and Natural Resources
.� Alan W. Klimek, P.E. Director
Division of Water Quality
April 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice To Rescind
NOV/NOI dated April 15, 2005
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Dear Mr. Mohesky:
Please consider the earlier Notice of Violation. /Notice of Intent To Enforce, dated April 15, 2005, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl Hale Farm located in Halifax County.
A corrected Notice has been issued to the proper entity, Clover M Recycters, Inc., dated April 18, 2005.
If you have any questions regarding this matter you should contact Buster Towell at [phone].
Sincerely, erman. L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
Nona hCarolina
AdUIYlAY
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet; h2omr.state.naus 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

'•r
M&AO-05 11:1 eam
From-1iUNTON&WILLIAMS
+0198836352 T-728 P.01/04 F-273
TO NAME
FIRM
FAX NO.:
PAGES (INCLUDING COVER):
ORIGINAL TO FOLLOW IN BAIL:
FROM NAME:
DIRECT DIAL:
MESSAGE
POST OFFICE 8OX I09
RALE10h, NORTH CAROLINA 27603
'fEl, 919.999 • UM
FAX [phone]n
BUSTER TOWELL
N.C. Division of Water Quality
Raleigh. North Carolina
[phone]
4
14Yes pNo
Jason S. Thomas
919-899-3416
�4q 2 0 ?_005
�.?VNR RALEIGH REGVC AL Grlfiq
If PROBLI N WITH TRANSMISSIWri, PLEASE CONTACT BARBARA BELLO AT (919) NO-3029.
RATE: May 20, 2005
TIME:
cut'NTMATTER NAME: Clover M Services, Inc./Hale Farm NOV
Cu8NTMATTER W 57290.000004
Tnrs eommuniciaw is eonfrgertda! and is mlenoo to tar privileged pmramnt to toe attorney-clrent privilege and the work -product ooclnne It
Ina reaper of this message is W the rnteh4ed wpient, or the empioyae or agent responsible to avow A to the rn[emms recipient, you are
nerepy {lotitied that any dr99eminatron, disinMon or oopyMg 01INS communiPi0ri is Strictly prof ibited tt you nave roavW Inns
commume4bon al error, please immediately notify us 41819phona, Ring relurrl the orrglnot nmsage to us aline awvo actimss via the U.S.
PosTW Service.

11:18am From-HUNTON&WILLIAMS
May 20, 2005
Mr. Buser Towels
N. C. Division of water Quality
Aquifer Protection Section
R41eigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
+0108336352 T-728 P.02/04 F-273
H NTON a W ILUM S W-F
POST OMCE Box 109
R.AL1; QK NOXM CAROLIKA 276M
T L ' 90, 899.30W
FAX [phone]M
WON 3 'a71OMAS
Q1R£CT PiAL! 41"W3416
fi"1: j4homa.Gpunum WM
PILE N0: $7200AUU004
DOC NO, 204717.V2
Re. Clover M. Recyclers. Inc. - Notice of Violation; Intent to Enforce;
— —DjLch4= of Wasic f H._E._Hale Farm without 'a' .ilialif" Ca i13W
Dear Mr. Towell:
On behalf of Clover M.ltecyclers, Inc. (•CMR" ), this letter responds to your April 18,
2005, letter, consistent with our agreement to delay the time that a response was due until
today. Thank you again for that extension; it was helpful and necessary in gathering the facts.
Your letter of April 18 is labeled a Notice of Violation and Intent to Enforce ('VOV") sent to
CMR, related to operations at the Hale Farm in Halifax County, North Carolina. CMR hopes
than the facts related below will assist the Division of Water Quality ("DWQ") in evaluating
those operations and the NOV.
The NOV asserts that on April 11, 2005, swine waste ran off the site and into a
tributary of Beaverdam Swamp, in violation of N.C.G.S, § 143-215.1(a). That statute mquires
that a permit be issued bcfore certain activities may be conducted. From this, we assume that
DWQ alleges that the runoff of swine waste on April 11 violates the terms of a permit
applicable to the operations at Hale Farm,
On April 11, CMR was implementing a Waste Structure Closure Plan ("WSCP")
developed by Will Mann of the Fishing Creek Soil and Water Conservation District. The
WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon 01 contains 6,876 lbs. of plant available nitrogen C PAN") in
47,./%'q:1 IUN !iA.tiG„Gtt PkL'SS_!.1 ;1AKLGT1,. PALLA. SS'QX 1L_=
NUA'` -1C ALL•k7„ A!Cj W.Vh!' 3;NUAr�1'A- VVASAIN� JoN

11;16am Prom-RUNTONiWILLIANS [phone] T-720 P.08/04 F-2i3
IiT
,ky� a
Mr. Buster Towell
May 20, 2005
Page 2
758,000 gallons of sludge and liquid; Lagoon #2 contains very little nitrogen - only 393 lbs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since the last
measurement of the lagoons contributed an additional approximawly 150,000 gallons of water,
farther diluting the lagoons. The start date of the WSCP was March 21, 2005, and its closure
end date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to perrrut spray application of water from the lagoons. The tenant
can the Hale Farm, who wanted to plant cotwu, was urging CMR w complete the WSCP.
On the morning of April 11, 2005, Mr. Mobcsky for CMR notified Mr. Mean by
telephone that be planned to begin applying water from Lagoon No. 2 at the Hale Farm to
certain nearby fields, pursuant to the WSCP. The can was to alert Mr. Mann of the beginning
of the work, based on the assumption that he would want the oppomraity to inspect the
operation. As noted above, compared with Lagoon #1 , Lagoon 02 contained more water and
sludge, but very little PAN. Lagoon 02 had not been agitated prior to pumping, and CMR
began pumping off top water, which contained less than 40 ppm nitrogen. The irrigation r cis
were adjusted to apply one inch of water per acre per hoar, were placed in adjoining lane, in
field #17. and were run simultaneously beginning at about 12.30 pm.
During the next hour, Mr. Mobeslry inspected the operation three times to assure that it
was operating consistently with the WSCP. During one inspection, Mr. Mohesky noticed that
the spray was reaching the farm path, and he adjusted the swing of the reel to prevent water
from being sprayed on the path. He then went to an adjoining field to assist in setting up a
third irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation from the WSCP until Mr. Mann arrived, as discussed below.
At approximately 3:30 pm on April 11, Mr. Mohesky recognized Mr. Maori's ruck as it
entered the Hale Farm site, and Mr. Mohesky went to meet him. Mr. Manus alerted Mr.
Mohesky that runoff from field #17 was crossing the farm path. Mr. Mohesky immediately
shut off the pump from Lagoon #2 and, using a bulldozer, built a berm to contain the runoff. It
appeared that the berm halted any runoff from the field, Once it appeared that the situation bad
been stabilized, Mr. Mohesky left the sits at about 5:00 pm.
CMR regrets that water from Lagoon 02 ran off of field 917, despite its best efforts to
mariage the operation and cope with The spring weather and the needs of the tenant fanner.
Fortunately, there is no evidence of any harm to water quality, because the pond water
contained such low levels of nitrogen in it, and the fact that remedial steps were taken
immediately upon discovery.
57290.000004 RAL IGtr 264717v2

I I d7am From-HUNTQNIWILLIAMS +0106336352 T-T28 P.04/04 F-273
Mr. Buster Towell
May 20, 2005
Page 3
CMR is aware that tramples of water have been collected and analyzed from one of the
lagoons, from near the berth, and from a tribunary to Reaverdam Swamp. Although the lacy of
chain of custody prevents their usage for formal parposes, the sample results appear to suppon
the conclusion that very little, if any, nitrogen from Lagoon #2 was present near the berm, and
virtually none cnterad the Beavcrdam Swamp tributary.
CMR and Mr. Mohesi~-y hope that this single, isolated incident will not undermine the
confidence that the Division of Soil and Water Conservation and other governmental and
private entities may have that CMR can continue to work on lagoon closures in a manner that
is consistent with approved plans. CMR Believes that this work is important and is committed
to implementing the plans properly. CMR will continue to meet with State personnel to
discuss lagoon closures to help assure that the closures meet all applicable requirements.
If it would be helpful for CMR or Mr. Mohesky to provide any additional informadon,
please do not hesitate to contact me. With best regards, we arc
Very truly yours,
HUNTON & WILLIAMS LLP
Jason S. Thomas
J ST:bhb
CC: Mr. Will Mann
Environmental Engineer
Fishing Crelc (Halifax) WCn
P. 4_ Box 8
Halifax, North Carolina 27839-0008
Mr. Carl Dunn
Environmental Engineer
Division of Soil & Water Conservation
943 Washington Square Mall
Washington, North Carolina 27889
57290,0000041twt.gt3H 26471M

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice To Rescind
NOVINOI dated April 15, 2005
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Dear Mr. Mohesky:
Alan W. Klimek, P.E. Director
Division of Water Quality
Please consider the earlier Notice of Violation. /Notice of Intent To Enforce, dated April 15, 2005, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl Hale Farm located in Halifax County.
A corrected Notice has been issued to the proper entity, Clover M Recyclers, Inc., dated April 18, 2005,
If you have any questions regarding this matter you should contact Buster Towel] at [phone],
Sincerely,
S.atiernian.
L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
tWaiCarolina
uhdi.ff
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper

�0F W A rF9Q Michael F. Easley, Governor
-PA G William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
.0 Alan W. Klimek, P.E. Director
Division of Water Quality
April 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice To Rescind
NOV/NOI dated April 15, 2005
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Dear Mr. Mohesky:
Please consider the earlier Notice of Violation. /Notice of Intent To Enforce, dated April 15, 2005, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl Hale Farm located in Halifax County.
A corrected Notice has been issued to the proper entity, Clover M Recyclers, Inc., dated April 18, 2005.
If you have any questions regarding this matter you should contact Buster Towel] at [phone].
Sincerely,
Zerman. L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
N�opntetnCaroina
Naturully
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state,nc,us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal OpportunitylAffirmadve Action Employer - 50% Recycledl10% Post Consumer Paper

W A 7-F9p
Michael F. Easley, Governor
�OF
�i
`O
William G. Ross Jr., Secretary
- r
North Carolina Department of Environment and Natural Resources
.�
Alan W. Klimek, P.E. Director
Division of Water Quality
April 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice To Rescind
NOV/NOI dated April 15, 2005
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Dear Mr. Mohesky:
Please consider the earlier Notice of Violation. /Notice of Intent To Enforce, dated April 15, 2005, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl Hale Farm located in Halifax County.
A corrected Notice has been issued to'the proper entity, Clover M Recyclers, Inc., dated April 18, 2005.
If you have any questions regarding this matter you should contact Buster Towell at [phone],
Sincerely,
ewtc�c—, —
S. a Zi etTnan. L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
[�- hCarolina
Nlltll!'Ally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Intemet: h2o,enr,state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycledlt 0% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice To Rescind
NOV/NOI dated April 15, 2005
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Dear Mr. Mohesky:
Alan W. Klimek, P.E. Director
Division of Water Quality
Please consider the earlier Notice of Violation. /Notice of Intent To Enforce, dated April 15, 2005, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl Hale Farm located in Halifax County.
A corrected Notice has been issued to the proper entity, Clover M Recyclers, Inc., dated April 18, 2005.
If you have any questions regarding this matter you should contact Buster Towell at [phone],
oiterman.
ly, (
L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
NNor hCaro ina
aturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.ennstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal OpportunitylAffirmadve Action Employer— 50% Recycled110% Post Consumer Paper

FAX COVER SHEET
` NORTH CAROIJINA
` DEPARTMENT OF ENVIRONMIENT
AND: NATURAL RESOURI",ES
NCDENRRaleigh Regional (NIce
w..» c.,m. or 1628 Mail Service C+inter
Eq FMW*VM AM NNUMAL ftWU116RS Raleigh, NC 276994 628
Pages including cover sheet
TO: FAX: S~Z-
FROM: DATE: f -19 ^ a -S
SUBJECT: _s�/s
MESSAGE:
•h-
if you do not receive allpages, caV1919.571,4700 or fax back to 919.571.4718.

Vq A Teft
.BOA
Nbct mel P. Eaalay, Oovoraor
�0
t~
William G. RsuaJr„ secretary
North Carolina Doper mwR of Envirvmment and Natural Resources
p
Alan W. Kiiar* P.E, Mew
Qivisipm oP wour Quality
Apnii 18, 2005
Mr. R.H. Mobesky
Clovet M Farms
P.O. Box 215
Sharpsbtq, North Carolina 27878
Subjects Notice To Raacind
NOVINOI dated April 15, 2005
Discharge of Swine Waste
From H.B. Hole Farm Without A Pettnit
Dear Mr. Mobak;
Please consider the earber Notice of Violation. /Notice of Intent To Enforce, dated April 15, 20D5, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl male Pam located in Halitlta County,
A corrected Notice hu been issued to the proper entity, Clover M Reeyeiers, Inc., dated April 18, 20U
1f you have any questions regarding this matter you should contact Buattr Towell at [phone].
Sincerely, e
S. a
Regional Supervisor
Cc; Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr, Vemon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
*01"Wilp
Nw6 Carolina Division of Wax Quality 1617 Mail &Pine Cellar Ba10181% NC 27699.1611 Ph= [phone] Custerner Service
Intl wt RUnrA t mus 512 N. Seliabury 91 ltaleigh. NC 2715% VAX (919) 1337496 1.877-623.6146
An EqualOWWniWAifttn hoAeilmt: *yet-60%RseaWl0%PactCoeaOWPOW

�O4 W A TFRQ Michal F. Way, Oovemor
11 G William 0. Rom Jr., scmtory
!� r Nor1b Carotlno Depa,ttmnn! of Emv{rommcmt utdNeWral Recoiuea:
4 'C Alan W. ll:iLmA, PS Director
Division of Wow Quality
April 18, 2005
Mr. R.H. Mohesky
Clover M Recyelers, Inc.
6868 Reedy Branch Road
Rocky Mount, Notch Carolina 27903
Subject: Notice of Violation
Intent To Enforce
Discharge of Swine Waste
From 9.E. Hale Farm Without A Fermit
Halifax County
Dear Mt. Mohesky:
On April 11, 2005, the Raleigh Regional Office received a call from Mt. Will Mann with the
Fishing Creek Soil and Water Coinsumdon District reporting that he had observed a discharge of
swine waste from land application activity on the Henry Earl Hale Farm earlier that day. The land
application activity was ednducted as part of a lagoon closure to satisfy requirements of the
Swine lagoon Buy Out Program administered by the N.C. Division of Soil and Water
Conservation.
Mr. Marro stated upon arriving on site he observed two traveling gture spraying wastewater on
the field located directly behind the home of Mr. Hale. He stated that wastewater was actively
running across the farm path through the adjacent field and also through a waterway into the
woods and into the adjacent swamp. Mr. Mann stated that he also observed run off from the spray
field into a farm ditch on the far side of the field. Mr. Carl Dunn, Environmental Engineer, with
the State Division of Soil and Water Conservation arrived on site at approximately 7:00 PM the
evening of April 11, 2005. He and Mr. Mahn collected samples of the run off and took a series of
photographs.
Mr. Buster Towell met with Carl Dunn, Mr. Vernon Cox, and Mr. David Williams of the
Division of Soil and Water Conservation the morning of April 12, 2005. Mr. Towell collected
additional samples and Mr. Dunn estimated that there had been approximately 145,000 gallons
removed from the secondary lagoon. It was estimated that at least 100,000 gallons ran offsite and
into an unmmcd tributary to Beoverdam Swamp which is Class C sw NSW waters within the
Tar -Pamlico River Basin.
The above referenced discharge of swine waste into waters of the State is a violation of North
Carolina General Statute 143.20.1(&), and as such is subjcct to civil penalties of up to
S 25,000.00 per day. iifts
a y
North Caroline Division of Wda Quality 1617 Malt SMIce Cents Usigh, NC 21699-1617 Phone [phone] Customs Samice
Intund! hb-sw.sh16A&us 5 12N, Salisbury 9t. Raleigti. NC 27604 FAX [phone]A96 1.877.421-6748
An EqualOxxvMdy/Atstrt iMAdoFinplover-50xRe O900%Pot CaneumdrPepe►

Mr. R.H. Mohcsky
NOV/N'OI
Page 2
Please respond to this Notice in mag pg within ten days of your receipt. Your response should
include a detailed summary of the aforementioned land application event and any other pertinent
information relating to this incident.
if you have any questions regarding this Notice you should contact Buster Towell of the
Raleigh Regional Office Aquifer Protection Section at [phone].
Sincerely,
S. Ja mmetman. L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax County)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Groap
RRO Piles

�QF WATFRQ Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
Uj r North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E. Director
Division of Water Quality
April 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Sharpsburg, North Carolina 27878
Subject: Notice of Violation
Intent To Enforce
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Halifax County
Dear Mr. Mohesky:
On April 11, 2005, the Raleigh Regional Office received a call from Mr. Will Mann with the
Fishing Creek Soil and Water Conservation District reporting that he had observed a discharge of
swine waste from land application activity on the Henry Earl Hale Farm earlier that day. The land
application activity was conducted as part of a lagoon closure to satisfy requirements of the
Swine Lagoon Buy Out Program administered by the N.C. Division of Soil and Water
Conservation.
Mr. Mann stated upon arriving on site he observed two traveling guns spraying wastewater on
the field located directly behind the home of Mr. Hale. He stated that wastewater was actively
running across the farm path through the adjacent field and also through a waterway into the
woods and into the adjacent swamp. Mr. Mann stated that he also observed run off from the spray
field into a farm ditch on the far side of the field. Mr. Carl Dunn, Environmental Engineer, with
the State Division of Soil and Water Conservation arrived on site at approximately 7:00 PM the
evening of April It, 2005. He and Mr. Mann collected samples of the run off and took a series of
photographs.
Mr. Buster Towel] met with Carl Dunn, Mr. Vernon Cox, and Mr. David Williams of the
Division of Soil and Water Conservation the morning of April 12, 2005. Mr. Towel] collected
additional samples and Mr. Dunn estimated that there had been approximately 145,000 gallons
removed from the secondary lagoon. It was estimated that at least 100,000 gallons ran off site and
into an unnamed tributary to Beaverdam Swamp which is Class C sw NSW waters within the
Tar -Pamlico River Basin.
The above referenced discharge of swine waste into waters of the State is a violation of North
Carolina General Statute 143-215.1(a), and as such is subject to civil penalties of up to
$ 25,000.00 per day.
Aquifer Protection Section - Raleigh Regional Office
1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service 1-877-623-6748 N Re Caro� na
3800 Barrett Dr. Raleigh, NC 27609 FAX (9l9) 571.4718 Internet http:llh2o.enr.state.nc.us Ntzmal ,
An Eaual Onmr1uniWAllinnailm Action Emnlever- 50% RnNr mVif1% Pno rnm4wr r Panar

Mr. R.H. Mohesky
NOV/NO1
Page 2
Please respond to this Notice in writing within ten days of your receipt. Your response should
include a detailed summary of the aforementioned land application event and any other pertinent
information relating to this incident.
If you have any questions regarding this Notice you should contact Buster Towell of the
Raleigh Regional Office Aquifer Protection Section at (919) 5714700.
Sincerely,
S. Jay Zimmerman. L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax County)
Halifax County Health Department
Mr. Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
RRO Files

0�0� W A r�9Qc
r
0V41111::�'C
April 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.H. Mohesky
Clover M Farms
P.O. Box 215
Shatpsburg, North Carolina 27878
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: Notice To Rescind
NOV/NOI dated April 15, 2005
Discharge of Swine Waste
From H.E. Hale Farm Without A Permit
Dear Mr. Mohesky:
Alan W. Klimek, P.E, Director
Division of Water Quality
Please consider the earlier Notice of Violation. (Notice of Intent To Enforce, dated April 15, 2005, to be
voided. The subject Notice named the wrong entity involved with lagoon closure activities at the Henry
Earl Hale Farm located in Halifax County.
A corrected Notice has been issued to the proper entity, Clover M Recyclers, Inc., dated April 18, 2005.
If you have any questions regarding this matter you should contact Buster Towell at [phone].
S4aZ
y, 91
Sfnmerman.L.G.
Regional Supervisor
Cc: Fishing Creek SWCD, (Halifax)
Halifax County Health Department
Mr, Vernon Cox, N.C. DSWC
DWQ Aquifer Protection Compliance Group
Ms. Susan Massengale
RRO Files
No-hCaro ina
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.emstate.mus 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recyded/10% Post Consumer Paper

May-23-05 03;14pm From-HUNTONPILLIAlrlS +0100336352 T-732 P.01/05 F-312
I ILI fkq
rA
PIIHBM�
PUS!' OFFICE sax 109
RALEIGH. NORTH CAROLWA 27602
TM 939 f s99 . M
FAX [phone]
TO NAME
13USTER TQWELL
RRM
N.C. Division of Water Quality
Raleigh, North Carolina
FAX NO.:
(9 19) 5I 1-47 } 8
PAGF8 (IN=PNIG COVER):
QRIQI1i" TO FO=W IN MAIL:
9 yen ONO
FROM NAME:
Jason S. Thomas
DIRM OIAai.:
919-899-3418
IF PROt3LBM WITH TRANSMISSION, PLEASE CONTACT BARBARA K4E 0 AT (619) SW3029.
DATE: May 23, 2005
TIME-
CLIEN MATTER WWE: Clover M Services, IncMale Farm NOV
CI llfrMATTNR NO.: 57290.000004
Tna commurucadon is carrlaential Arad �s rntenwa to ax privileged pursusntto me etromey.cirent pnvdege anu tyre work-pra�Icl aoctnne ai
Me reader or %a mes><age is not tits mWnaed reapers, or In$ ert>proyea Or 4" respomrM an waiver d m the in wxw mapienl. you are
hereby nobtlea Owl" euarranebon. chsinbullon or copying of fts carmunicuon is stricpy pmNblt8d. n you nave recewed this
communication In error, please rmmecitately nobly us by telep wm, and return Ire ororW mraiup to us at Me above a0mv via bite U.S.
Postal Service.

From-HUNTON&WILLIAMS
a
i
I
r
May 23, 2005
VIA FACSIMILE to [phone]
AND FIRST CLASS MAIL
Mr. Buster Towell
N. C. Division of Water Quality
Aquifer Protection Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
+0198388852 T-712 P.02105 F-312
14UNMN ! WU44AMS L.LP
PM OR= Box 109
RAJEJOli. NOR'i11 CARLUNA 27602
TEL '3J-M-3000
FAX 910 , 833.6132
JASON 9. THOMAS
DIUCrD" 91WM-3416
RmAa: jam mashammn cam
FILE NO.572W 000004
Poo NO 7WI IINI
Re: Clover M. Recyelers, Inc. - Notice of Violation; Intent to
'sc a to fro
Dear Mr. Towell:
On beh4lf of Clover M. Recyclers, Inc. ("CMR"), this letter responds to your April 18,
2005, letter, consistent with our agreement to delay the time that a response was due until
today. Thank you again for that extension; it was helpful and necessary in gathering the facts.
Your letter of April 18 is labeled a Notice of Violation and Intent to ]=trforce ("NOV") seat to
CMR. related to operations at the Hale Farm in Halifax County, North Carolina. CMR hopes
that the facts related below will assist the Division of water Quality ("DWQ") in evaluating
those operations and the NOV.
The NOV asserts that on April 11, 2005, swine waste ran off the site and into a
tributary ofSeaverdata Swamp, in violation of N.C.G.S. ll 143-215.1(a). That statute requires
that a pen -nit be issued before certain activities may be conducted. From this, we assume that
DWQ alleges that the runoff of swine waste on April 11 violates the terms of a permit
applicable to the operations at Hale Farm.
On April 11, CMR was implementing a Wastc Structure Closure Platy ("WSCP')
developed by Will Mann of the Fishing Creek Soil and Water Conservation District. The
♦Tt +NT,L AUMN fi4mWC0K AWSSBLS CH%RLarrE DALLAS HO! Q KGf4G KP40XMLE
LUNDUN M, Lb,VS MAAW NCW YOPJ; NORFOLK RALEXAM KICAMOND SINGAPORE WASHINGTON
www.tliulzon.com

!f
16pm From-HUNTOR&WILLIALIS
f�
1`
+0196338352 T-732 P.03/05 F-312
Mr. Buster Towell
May 23, 2005
Page 2
WSCP governs the closure of two lagoons that are no longer receiving animal waste.
According to the WSCP, Lagoon #1 contains 6,876 lbs. of plant available nitrogen ("PAN") in
758,000 gallons of sludge and liquid: Lagoon #2 contains very little nitrogen - only 393 lbs. of
PAN in 965,000 gallons of liquid with a negligible quantity of sludge. Rainfall since thr last
measurement of the lagoons contributed an additional approximately 150,000 gallons of water,
further diluting the lagoons. The start elate of the WSCP was March 21, 2005, and its closure
end date was to be April 22, 2005. Spring rains had delayed the implementation of the WSCP
because the soil was too wet to permit spray application of water from the lagoons. The tenant
on the Hale Farm, who wanted to plant cotton, was urging CMR to complete the WSCP.
On the morning of April 11, 2005. Mr. Mohesky for CMR notified Mr. Mann by
telephone that he planned to begin applying water from Lagoon No. 2 at the Hale Farm to
certain nearby fields, pursuant to the WSCP. The call was to alert Mr. Mann of the beginning
of the work, based on the assumption that he would want the opportunity to inspect tha
operation. As noted above, comparr d with Lagoon #1, Lagoon #2 contained more water but
very little PAN or sludge. lagoon #2 had not been agitated prior to pumping, and CMR began
pumping off top water, which contained less than 40 ppm nitrogen. The irrigation reels were
adjusted to apply one inch of water per acre per hour, were placed in adjoining lanes in field
#17, bnd were run simultaneously beginning at about 12:30 pm.
During the next hour, Mr. Mohesky inspected the operation three times to assure that it
was operating consistently with the WSCP. During one inspection, Mr. Mohesky noticed that
the spray was reaching the farts path, and he adjusted the swing of the reel to prevent water
from being spr-dycd on the path. He then went to an adjoining field to assist in setting up a
third irrigation reel. At no time did Mr. Mohesky or any employee of CMR observe any other
deviation frail the WSCP until Mr. Mann arrived, as discussed below.
At approximately 3:30 pm on April 11. Mr. Mohesky recognized Mr. Mann's truck as it
entered the Hale Farm site, and Mr. Mohesky went to meet him. Mr. Mann alerted Mr.
Mohesky that runoff from field417 was crossing the farm path. Mr. Mohesky irtunediately
shut off the pump from Lagoon #2 and, using a bulldo=. built a bean to contain the runoff. It
appeared that the berm halted any runoff from the field. Owe it appeared that the situation had
been stabilized, Mr. Mohesky left the site at about 5:00 pm.
CMR rcgrcts that water from Lagoon 02 ran off of field #17, despite its best efforts to
managc the operation and cope with the spring weather and the needs of the tenant farmer.
Fortunately. there is no evidence of any harm to water quality, because the pond water
57290,000004 RAMOK 264717v3

l,-
ipm From—HUNTONAWILL1M
+0160136352 T-732 P.04/05 F-812
l/
Mr. Buster Towell
{ May 23, 2005
Page 3
contained such low levels of nitrogen in it, and the fact that remedial steps were taken
immediately upon discovery.
CMR is aware that samples of water have been collected and analyzed from one of [he
lagoons, from near the berth, and from a tributary to Beaverdam Swamp. Although the lack of
chain of custody prevent% their usage for formal purposes, the sample results appear to support
the conclusion that very little, if any, nitrogen from Lagoon #2 was present near the berm, and
virtually none entered the Beaverdam Swamp tributary.
CMR and Mr. Mohesky hope that this single, isolated incident will not undermine the
confidence that the pivision of Soil and Water Conservation and other governmental and
private entities may have that CMR can continue w work on lagoon closures in a manner that
is consistent with approved plans. CMR believes that this work is important and is committed
to implementing the plans properly. CMR will continue to meet with State personnel to
discuss lagoon closures to help assure that the closures meet all applicable requirements.
If it would be helpful for CMR or Mr. Mohesky to provide any additional information,
please do not hesitate to contact me. With best regards, we are
Very truly yours,
HUNTON & WUJJ"S LLP
Jason S. Thomas
ST:bhb
57290.ODOOD4 RALSIGH 2647170

5pm From-HUITONSWILLIAMS
-
Mr. Buster Towell
May 23, 2005
Page 4
cc: Mr. Will Mann
Environmental Engineer
Fishing Creel; (Halifax) WCD
P. O. Box 8
Halifax, North Carolina 27839-0008
Mr. Carl D11nn
Environmental Engineer
Division of Soil & Water Conservation
943 Washingtou Square Mall
Washin8toa, North Carolina 27889
57290.000004 RALEIGH 2647173
+0118336852 T-732 P.05/05 F-312

to.
I ` 7�!'
Exposure ;7:
�Q!O
1 171
15-, ZQ11�61'
Of
It arm

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
T
COUNTY z r r-ri, PRIORITY SAMPLE TYPE
RIVER BASIN + ^"� ❑AMBIENT ❑ f' ❑ STREAM L1 EFFLUENT
REPORT TO: ARO FRO MR RRO aR0 W[RO WSRO T5
AT BM ❑COMPLIANCE � CHAIN ❑ LAKE ❑ INFLUENT
Other OF CUSTODY
❑ EMERGENCY ❑ ESTUARY
Fnr I h II.. AM[ V
b Number v
Date Recelve4a50 !�/3 Time- _ f
Rec'd by: From: Bus -Course nd De
DATA ENTRY BY: CK:
DATE REPORTED:
Shipped by; nos Courier,
theCOLLECTOR(S):
nciz
�ir
I rl �
ll
�r YV,
Estimated 80D Range-. 0-
5-25/2555/ 130 or 100 plus STATION LOCATION: .
/ �
r
Seed: Yes ❑ No
❑ REMARKS: (7 + str� 14 r
Chlorinated: Yen No
1
Ic-c`i9 f Q .
Station #�
Date Begin (yy/mm/dd)
i
Time Begin
bate End
Time End
pepth DM DB aBM
Value Type
Composite Sample Type
CI tI
3J'— 1 2-
A H L
T S B C G NXX
__j
1
BODS 310 mg/1
2
COD High 340 MOA
3
COD Low 335 mg/I
4
Call form: MF Feral 31616 /loom]
5
Conform: MF Total 31504 /lOOml
6
Coltfarm: Tube Fecal 31615 /loom]
7
Collform: Fecal Strop 31673 /loom]
8
Residue: Total 500 Men
9
Volatile 505 mgA
10
Fixed 510 mg/I
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg/I
13
Fixed 540 mgA
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 4I5 MOA
18
Alkalinity to pH 4.5 410 mg/l
19
TOC 680 MCA
20
Turbidity 76 NTU
Chloride 940 mg/1
Chl a: Tri 32217 ng/]
Chi a: Corr 32209 ug/1
Pheophytln a 32213 ug/I
Color: True 80 Pt -Co
Color.(pH ) 113 ADM[
Color•, pH 7.6 82 ADM]
Cyanide 720 mg/1
Fiuorids 951 moll
Formaldehyde 71880 mg/1
Grease and Oils 556 m8A
Hardness Total900 mg/l
Specific Cond_ 9S uMhos/em2
MBAS 38260 m1A
Phenols 32730 USA
Sulfate 945 m9A
Sulfide 745 mg/1
VH3 as N 620 mgA
a N 625 moll
us NO3 as N 630 mg/I
alai as P 665 mg/I
PO4 as P 70507 mg/l
P. Dissolved as P 666 mgA
CdCadmlum 1027 ugA
Cr 2hroaduaxTotal 1034 ugA
CrrCopper IOU ug/]
NWickel 1067 USA
Pb-Lead 1051 usA
ZrrZinc 1092 ug/1
fiver 1077 ugA
AI -Aluminum 1105 u9A
Be -Beryllium 1012 ug/1
CaCalclum 916 moll
Co -Cobalt 1037 USA
Fedron 1045 ugA
LI-Lithium 1132 ugA
Mg-Magneslum 927 moll
Mn-Manganese 1055 ug/I
NaSodlum 929 mgA
ArsenicTota] 1002 ug/1
Se -Selenium 1147 ugA
Hg-Mercury 71900 ugA
Organochlodne Pesticides
Orgatwphaspharus pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Pbytoplankton
Sampling Point X
Conductance at 25 C
Water Temperature 0
D_O. OW
pH
Alkalinity
Acidity
Air Temperature 40
pH 8.3 pH 4S
pH 4.5 pH 9.3
2
94
10
300 •
4W 0
82241 1431
92243 182242
20
Salinity x
Precipition On/day)
Cloud Cover S
Wird Dhection 0]e9)
Stream Fbw Severity
Turbidity Severity
Wind Velocity MAI
Wean Stream Depth ft.
stream Width fL
480
45
32
36
1351
1350
3
64L
1 4

COUNTY 1.
HALIFAX
RIVER BASIN:
REPORT TO :
RRO Regional Office
Other
COLLECTOR(S) t
BTOWELL
Estimated BOD Range:
545
Seed: N
Chlorinated: N
Station p
Dafe Begin (yylmm(dd)
ROAD DITCH
2O S0412
X
1BOD310 32 mg1L
COD High 340 m
COD Low 335 mglL
Colifurm: MF Fetal 31616 1100m1
Coliform: MFTdaI 31504 1IODml
Coliform: rube Foal 31615 Roaml
Coliform: Fetal Step 31673 11001111
Residue: Taal 500
Volatile 501 m
Fixed 510
Residue: Suqxmdcd 530 m911.
Volatile 535 ME ILI:
Fixed 540 m
H 403 units
Acidity to VH 4.5 436 m
Acidity to PH 8.3 435 m91L
Alkalinity to pH 83 415 nwL
Alkalinity to pH 4.5 410 m
TUC 680 m
Tudxdjry 76 NIl1
Colifonn Total Tube '1100 ml
COMMENTS:
DIVISION OF WATER QUALITY
Chemistry Lboratory Report 1 Water Quality
W❑ . SAMPIF TYPE
PRIORIEY
AMBIENT ED QA STREAM K EFFLUENT
COMPLIANCE O CHAIN OF CUSTODY LAKE INFLUENT
EMERGENCY VISIT iD ESTUARY
1
Station Location: H.E. HALE FARM DISCHARGE
Remarks:
Date End (yyhmddd) Time Begin Thne End I Depth - DM. DR, DBM VaIne Type - A. H, L
0830
ChW& 940 m
Chi a: Tri 32217 ufVL
Chi a- Corr 32209 ug11.
n a 32213 u
Cofer. Truc 80 C.u.
Color: (H) 83 pH= CAL
Color: PH 7.6 82 C.U.
Cyanide 720 m
Fluoride 951 m
Formaldehyde 71990
Grease and Oils 556
Hmdtx Total 900
Specific Cond. 95 umhoslcm2
MBAS 382M m
Phenols 32730 USIL
Sulfate 945 m
Su fide 745
Baao
Tannin A 1; 'n u
Hcxavadmt Cluomium ug1L
Bicarbonate
rintona.. -IVL
X
INH3asN610
0.77
m
X
ITKN.N625
16
mg/L
X
I NO2 plus NO3 as N 630
0.14
X
I P: Total as P 665
14.00
m911.
PO4 as P 70507
mg1L
P. Dissolved as P 666
K-Potassium
mg/L
Cd-Cadmium 1027
u
Cr-Chromium:ToW 1034
uglL
Cu- Copper 1042
ugAL
Ni-Nickel 1067
uglL
Plr Lead 1051
ug&
Zn-Zinc 1092
ugIL
V-Vanadium
ugIL
A - Silver 1077
u
AI- Aluminum 1105
ug1L
Be- Beryllium 1012
ugAL
Ca• Calcium 916
m
Co� Cobalt 1037
uWL
Fc- Irun 1045
ugtL
Lab Number :
5W2092
Date Received :
4/I32M5
Time Received:
1:40 PM
Received By
HMW
Data ReleattM :
� C/�
Date Reported:
4121120��
Composite-T, S, Samp[e 1ylk
lld.ithium 1132 u _
- Magnesium 927 m
Mn-Maaganese 1055 u
Na- Sodium 929
Arsenic:ToW 1002 ugIL
Se- Selenium 1147 wgIL
H - Mmury 71900 u
Ba_Barium u
Orgxmochlorne Pesticides
Organopt"phomPesticides
Acid Herbicides
Base/NeutmI&Acid Extraciahk 2Mics
TPH Diesel Range
e Orgmics (VOA bottle 'd)
TPH Gasoline Range
TPHIBTBX Gasoline Ran
Phytoplwkwn

r— 1-h tI.e r%Pdf V
DIVISION OF ENVIRONMENTAL. MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
J
COUNTY �t✓ t
PRIORITY
SAMPLE TYPE
RIVER BASIN
❑AMBIENT
❑
❑STREAM
2 EFFLt1ENT
REPORT TO: ARO FRO MR RRO aRO WIRO WSRO TS
AT BM
❑COMPLIANCE
CHAIN
❑ LAKE
❑ INFLUENT
Other
D
OF CUSTODY
❑
EMERGENCY
ESTUARY
_Lab Number: E9.42& j -
Date Recelvedi-I 50 /Z Timer
Rec'd b From: Bus-Courie nd De
DATA ENTRY BY: CK:
Shipped by: Bus Courier, S aff, ther DATE REPORTED:
COLLECTOR(S): d _1In (,.jZ � r r
Estimated BOD Range: 0- 0-130 or 100 plus STATION LOCATION; I , / ' f ff /Yi � F /r
5-25/25fi5/
Seed; Vas ❑ No Chlorinated: Yea ❑ No REMARKS: r •S�t+►4 r`19 e� • T c ' ��ilii� rry�
Station # d Date Begin (yy/mm/dd) Time Begin Date End Tlme > ud Depth DM DB DBM Value Type Composite Sample Type
Q d _ fJ �� I Z J A H L T S B C G NXX
1
___ ---
--
COD High 340
mgA
2
3
COD Low 335
mg/I
Coliform: MF Fecal 31616
/100ml
4
5
Coliform: MF Total 31504
/loom[
6
Coliform: Tube Fecal 31615
/100m1
Coliform: Fecal Strep 31673
/loom]
7
8
Residue: Total 500
mgA
Volatile 505
mg/I
91
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg/I
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 9.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/I
18
Alkalinity to pH 4.5 410 mg/I
191
TOC 680 mg/1
20
Turbidity 76 NTU
Chloride 940 mg/1
Chi a; TO 32217 ugA
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/1
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color. pH 7.6 82 ADMI
Cyanide 720 mg/f
Fluoride 951 mg/1
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/1
Hardness Total goo mg/I
Specific Cond. 95 uMhos/cm2
MBAS 39260 mg/I
Phenols 32730 ug/1
Sulfate 945 mg/t
Sulfide 745 mg/1
YH3 as N 610 m2A
as N 625 mgA
2,Plus NO3 as N 630 mg/1
otal as P 665 mg/I
PO4 as P 70507 mg/I
R. Dissolved as P 666 m9A
Cd-Cadmium 1027 ugA
GTChromfum:Total1034 ug/1
Ca -Copper 1042 ugA
NI -Nickel 1067 ug/1
pb-Lead 1051 USA
ZrrZinc 1092 ug/1
A fiver 1077 ug/l
Al -Aluminum 1105 ug/I
Be-Beryfiium 1012 ug/I
Ca-Calclum 916 mg/1
Co -Cobalt 1037 egA
Fe -Iron 1045 USA
Li-L.ithlum 1132 ug/I
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/1
Arsenic:Totat 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 u91/1
Organochlorine Pesticides
Oeganophajhorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeabie Organics (VOA bottle reg'd)
Phytnplankton
Sampling Point X
Conductance at 25 C
Water Temperature JU
D.O. mg/I
pH
Alkalinity
Acidity
Air Temperature 00
PH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1
400 1•
82244 431
82249 182242
20
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (Deg)
Stinam Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft.
Stream Width ft.
480
45
32
36
11351
1350
3
64
4

NC DENRIDWQ Chemistry Laboratory
Condition Upon Receipt Anomaly Report
Lab Number: ;`"J UJa il7(X �J lI Dt l J
Sample ID:
� l �- I7 Station Location:_
`".ounty:%TJT,I�.y.L>�!9-X�(^Vf/�//V _ Region:
.ollector: & m ff �G �i _ Date collected: 1 1- Date
received: �1�1
Priority: _ �./ n� _ Sample Type: r/v
Affected Parameter(s): V
The condition of these samples were not acceptable because (check all that apply):
❑ Coolers ❑ Samples (affected samples are described below)
❑ Samples were not received on wet ice ❑ Samples not received, but listed on fieldsheet
❑ No temperature blank submitted (see comments): Cl Samples received, but not listed on fieldsheet
❑ Sample T° reading: °C ❑ Samples not received, but listed on COC
❑ Cooler T° reading: °C ❑ Samples received, but not listed on COC
❑ Temperature >6°C. T° reading: °C ❑ Mislabeled as to tests, preservatives, etc.
❑ Samples frozen ❑ Holding time expired
❑ Improper container used
❑ Containers ❑ Insufficient quantity for analysis
❑ Leaking
❑ Broken ❑ Chain of Custody
❑ Without labels ❑ No custody seals
❑ VOA vials with headspace ❑ Custody seals not intact
❑ Sulfide samples with headspace ❑ Not relinquished.
❑ No date/time relinquished
❑ Container Labels ❑ No signature
❑ Not the same ID/info. as on COC ❑ Incomplete information
❑ Not the same ID/info. as on fieldsheet
❑ Incomplete. Missing the following: ❑ Documentation
❑ Station #/Sample ID ❑ Fieldsheet wettillegible
❑ Collection date ❑ Fieldsheet incomplete:
❑ Collector ❑ Records not written in indelible ink
❑ Analysis ❑ Sample(s).submitted without fieldsheet
❑ Preservative
❑ Other: that {sp cify}:
❑ Markings smeared or illegible
❑ Torn
r
Co ments: Z07 i L.A ,W�� li,-Q C—
A e--Z: Je
Corrective Action: CC7
❑ Samples were rejected by DWQ Lab. Authori % T
❑ Accepted and analyzed per collector's request (� ��
6
❑ Accepted and analyzed after notifying the clie. nple could not be secured.
❑ Sample(s) on hold until-
-,`Sample(s) accepted and analyzed. No notification required.
Cl Other (explain):
Person Contacted: Date:I /
r '
Form completed by:�Mb Date: 10 V-1Peer Reviewer:
Support Unit AA Review (initial): Branch Head Review (initial): Branch Head Review (initial):
Lead Chemist Review (initial):
❑ BIOCHEM ❑ VOA
❑ MET ❑ SVOA/PEST
QA/QC Review (ini al): Logged into database by (initial):
n a a-n?. I15CR) owl 1m4ft

COUNTY 1.
HALIFAX
RIVER BASIN :
REPORT TO
RRO Regional Office
Other :
COLLECTOR(S) :
BTOWELL
Estimated BOD Rain
545
Seed: N
Chlorinated: N
Station M
Ante Beclm (yy1bud")
ROAD DITCH
2O050412
X
HOD 310 32
COD High 340
COD Low 335
Colifor= MF Fecal 31616 1100m1
Coliform: MF Taal 31504 11001111
Coliform: tube Foal 31615 1100m1
Colifatm: Fecal SUp 31673 /100m1
Residue: Taal 500
Volatile 505
Fixed Sl0
Residue: Suqmndcd 530 UWL
Volatile 535 mg1L
Fixed 540
H 403 units
Acidity m PH 4-5 436 TA
Acidity to pH 9.3 435
AllWinily to pH 8.3 415 man -
Alkalinity to pH 4,5410
TOC 680 rAWL
Turbidity 76 NTU
Cotiform Taut Tube '1100 ml
COMMF. TS:
DIVISION OF WATER QUALITY
Chemistry Lab —toy Report I Water Qudlty
Lab Number :
5W2092
E) 5 A s4W F TYPF
Dye Received;
4113r_005
MORMY
Time R—ived:
I:40 PM
AMBIENT
QA
❑ STREAM
%� EFFLUENT
Received By
BMW
COMPLIANCE
X❑ CHAINOFCUSTODY
LAKE
INFLUENT
EMERGENCY
VISIT ID
ESTUARY
Dana tented :
mil,
I�
Dat<Reponed:
4121aelt
Station Location: H.E- HALE FARM DISCHARGE
Remarks:
DWa End (yyhwnldd)
Time Been Time End
Depth - DM. DB, DBM
Yahte Type - A. H. L.
Caafpec4te-T, 5,
Sample
f
01130
Chloride 940
Chi s: Tri 32217 ug1L
Chi a: Cart 327D9
PhtxThytia a 32213 u
Color. True 80 c.o.
Color, ( ) 83 p
Colas pH 7.6 82 c.u.
C 720
Fluoride 951 MVL
Famuldshydc 719W
Grease and Oils 556
Ham TOW 900
specific Cond. 95 unAwVcm2
MBAS 3"
Plimo)s 32730
SW form 945
Sulfide 745 m
Ban
Tanmin & LApm
Heuvakat Chrmruum al
Bicubmm M94-
CarliDnair
X
NH3 as N 610
0.77
m
X
TKN an N 625
16
m8%1-
%
NO2 plus NO3 as N 630
0.14
X
P: Total as P 665
14.01)
m
PO4 as P 70507
m
P. Dissolved as P 666
mVL
K•Potassium
mgA-
Cd- 1027
u1&
Cr-CluwWum:Taal 1034
u
Cu 1042
uvL
Ni-Nkkd 1067
USIL
Pb- Lad 1051
UFJL
Zn-Zinc1092
V-Vanadium
PVL—
Ap, Silver 1077
USIL
Al -Aluminum 1105
USIL
Be- Beryllium 1012
ugiL
Cs- Calcium 916
m
Co- Cobah 1037
UWL
F - Imo 1045
D-lithium 1132 u
M um 927
Mn-mm 1055 ug1L�
Nr Sodium 929 mg&L L
Atsenic:Toml 10D2 u911.
Se- Selenium 1147 USIL
71900
Ba Barium ugll.
OrgaTiochlorine Pesticides
Orpophosoom Pesticides
Acid HerhKides
Bu.74eieual&Acid Exhactabh: Organics
TPH Diesel Rur
Pmgeable Oglanics (VOA bcale 'd)
TPH Gasoline Rm
'IPHIBTEX Gasoline
Pb Won

NC DENRIDWQ Chemistry Laboratory
Condition Uoon Receipt Anomaly Report
Lab Number::7j Q/ r LJ-1-eX ,J M/ Ck J J J
Sample ID: _ Station Location/:]
".ounty: I Ln I Region: � , �}
.ollector: `` Date collected: ! 1 Date
Priority: 1 1
Priority: L/ _ _ �~SAample Type: 6E AI
received-.
Parameter(s): I �> 1 U T� - —
The condition of these samples were not acceptable because (check all that apply):
❑ Coolers ❑ Samples (affected samples are described below)
❑ Samples were not received on wet ice ❑ Samples not received, but listed on fieldsheet
❑ No temperature blank submitted (see comments): ❑ Samples received, but not listed on fieldsheet
❑ Sample T° reading : °C ❑ Samples not received, but listed on COC
❑ Cooler To reading: °C ❑ Samples received, but not listed on COC
❑ Temperature >6°C. T° reading: °C ❑ Mislabeled as to tests, preservatives, etc.
❑ Samples frozen ❑ Holding time expired
❑ Improper container used
❑ Containers ❑ Insufficient quantity for analysis
❑ Leaking
❑ Broken ❑ Chain of Custody
❑ Without labels ❑ No custody seals
❑ VOA vials with headspace ❑ Custody seals not intact
❑ Sulfide samples with headspace ❑ Not relinquished.
❑ No date/time relinquished
❑ Container Labels ❑ No signature
❑ Not the same ID/info. as on COC ❑ Incomplete information
❑ Not the same ID/info. as on Fieldsheet
❑ Incomplete. Missing the following: ❑ Documentation
❑ Station #/Sample ID ❑ Fieldsheet wettillegible
❑ Collection date ❑ Fieldsheet incomplete:
❑ Collector ❑ Records not written in indelible ink
❑ Analysis ❑ Sample(s) submitted without fieldshcet
❑ Preservative
❑ Other: ther (sp cify):
❑ Markings smeared or illegible
❑ Torn
Co manta:
.117 l- -
C_
Corrective Action:
❑ Samples were rejected by DWQ Lab. Authori 0,( y�
❑ Accepted and analyzed per collector's request 1� (
❑ Accepted and analyzed after notifying the clie. nple could not be secured.
❑ Sample(s) on hold until:
'%-a -`ISarnple(s) accepted and analyzed. No notification required.
❑ Other (explain):
Person Contacted:
Form completed
Support Unit AA Review (initial):
Lead Chemist Review (initial):
❑ BIOCHEM
❑ MET
QA/QC Review (ini a17
Date:
ate: 0 5 1�1—/-,Deer Reviewer:
Branch Head Review (initial):
❑ VOA
❑ SVOA/PEST
Branch Head Review (initial):
Logged into database by (initial):
08fl VO4dba

!)ate of Visit: D
Facility Number 2
of Operational Q Below Threshold r�
e tted © Certified [] Conditionally` Certifieed,� © Registered Date Last Operated or Above Threshold:
FarmName: .... ��t ....an/ .A/—;.;...... ........................ County: ....... /.j v -.L!.....7......................................
OwnerName: ............... f h'%.G................................................................................... Phone No:.......................................................................................
MailingAddress:.......................................................................................................................................................................................................... ..........................
FacilityContact:.............................................................................. Title:................................................................ Phone No:...................................................
OnsiteRepresentative: ........................................................................................................... Integrator:......................................................................................
Certified Operator:.. ►1 . e-......................................................... Operator Certification Number:..........................................
Location of Farm:
❑ Swine ❑ Poultry 0 Cattle ❑ Horse Latitude • 4 " Longitude • 4 d4
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. 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
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
❑ Yes 2140
❑ Yes o
❑ Yes
❑ Yes No
❑ Yes o
❑ Yes o
❑ Ye ❑ No
Structure 6
Identifier:
Freeboard (inches)
12112103
.................................................................................... I ..................... ................................... ......................................................................
j3h ggrl
Continued

Fpcility Number: -- Z Date of Inspection 2/
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes o
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes �No
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? ❑ Yes No
8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes o
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes No
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes
11. Is there evidence of over application? If yes, check the appropriate box below. ❑Yes No
❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
12. Crop type .o
13. Do the receiving crops differ with those designated in the Certified Animal
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?
"Si�q r sir. c
Management Plan (CAWMP)?
Odor lrsues
17. 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?
18. Are there any dead animals not disposed of properly within 24 hours?
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? if yes, contact a regional
Air Quality representative immediately.
❑ Yes s
❑ Yes No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ;O�
Yes
❑ Yes o
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Ykttitii.5'T�if+W�:"`%"'#k?fiuS:i;-,m.=':�^�`..�.. £„,, 3.... .re-4.;�'ii?"' .,:iY:iirN�l:i�:�%�€u"^*.«..'-' ..iYE. n:�!i."d°: :;l .Pn-.n .,7,."`a' -r':'�'k'8°.7�'-C .1�{�;E'.i .t:si+i^'.vetGY "r4.:: �,.!.y�T'r«�-ki��11J !°'. r.�ti it •_i,�
Comments (refer;to questrtan #).+EExpla>tn any,YES answers and/or.any recommendations or anynather comments- _. 3 ',:'�
st= �r.=. E - 3 t€€<� EikE,G t €$i hztP >�i!` s E
Use draw] no;of fadlity to betteriexplarn sitrxatrorns (ruse addii�onai p grs as necessaryjs � ❑Field Copy ❑Final Nates ' E g,'' a;i
:d .J@a ICI fli?tta $ s ;�`f!G1, ;,rr
^t sF�: �r, J;'is�d.>�.`t:y��°P�r�Fil.:il"F�>��
AL
�t�`st'�t'�'" �:�xt,k�?�� •—p`.a t ��� r'�! �c�� �r h�, �y"r.'"'
F
erAnspector Name : ' + 4"[ Gur!" � ? '�'�.,.EW -: �"S� ` :T&:er/Inspector Signature: Date: L b
12112103 Continued

'FacHitpNumber: 2 — 2,7LL Date of Inspection
Required Records & Documents
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
23. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling
24. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
25. Did the facility fail to have a actively certified operator in charge?
26. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
28. Does facility require a follow-up visit by same agency?
29. Were any additional problems noted which cause noncompliance of the Certified AWMP?
NPDES Permitted Facilities
30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
32. Did the facility fail to install and maintain a rain gauge?
33. Did the facility fail to conduct an annual sludge survey?
34. Did the facility fail to calibrate waste application equipment?
1
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
❑ Yes 0<0
❑ Yes No
❑ Yes g o
❑ Yes 7'��
❑ Yes
❑ Yes N
❑ Yes No
❑ Yes
❑ Yes No
❑ Yes J2o
❑ Yes ❑ No
❑ Yes [:]No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
12112103

Z, A imap:/[e-mail] 1, net:143/f...
Subject: [Fwd: Re: Draft Release on Hale Farm incident]
From: Paul Sherman <[e-mail]>
Date: Fri, 15 Apr 2005 08:49:39 -0400
To: Buster Towell <[e-mail]>
FYI...
-------- Original Message --------
Subject: Re: Draft Release on Hale Farm incident
Date: Fri, 15 Apr 2005 08:44:57 -0400
From: Dan Oakley <[e-mail]>
Organization: NC DENR
To: Vernon Cox <[e-mail]>
CC: Don Reuter <[e-mail]> , Diana Kees <[e-mail]> ,
Susan Massengale <[e-mail]> , Cathy Akroyd
<[e-mail]>, paul sherman <[e-mail]>
References: <[e-mail]> <[e-mail]>
<[e-mail]>
Sounds very good. I-ll get with Michael on the termination letter. Once it is
drafted, we can verbally advise Mr. Mohesky and send him the required notice.
Vernon Cox wrote:
Dan,
I just spoke with Mr. Mohesky. He was calling to find out the status of the
closure. If he is not going to be allowed to work next week, he wants to move
his equipment out to work on another job (for someone else). I told him that
DENR is still determining what it is going to do regarding the closure but that
he should hear something today. With regard to moving liquid between lagoons, I
have contacted another firm to pump down the second lagoon by transferring the
liquid to the other lagoon. He will be in there today to do that work. I
discussed this with Buster Towell of DWQ and he concurred that this was a prudent
measure. I prefer not to depend on Mohesky to do anything else regarding animal
waste.
I have talked with another contractor about the possibility of coming in to
finish the closure. If the weather holds, he said he can be on site by next
Thursday or Friday. The contractor I spoke with is the firm that had the second
low bid on this job. I have asked the District to talk with the farmer to find
out how much time we have remaining before he must be in the field to plant his
crop. If we can get the other contractor in to do this job, we need Mohesky and
his equipment off the site ASAP. If we can let Mohesky know something today, he
can be out of the way before the other contractor moves in. Buster has said he
will have the NOV written up today.
Vernon Cox
Dan Oakley wrote:
I suggest deleting the italicized paragraph; the termination letter has not gone
out yet. Hopefully, we can get it out today but that's not certain. Also, Paul
may want Mohesky and/or Hale to move liquids between the 2 lagoons to help
stabilize them both. I assume he would want that done today, but it would be in
my opinion a "corrective action" but a contract action.
Don Reuter wrote:
Attached is a draft news release on the Hale Farm Incident. Please circulate
it to appropriate staff and return comments/edits to Diana Kees. Dan, note
the itallicized graph. If we do this, we need to make sure this is handled
1 of 2 6/16/2005 1:26 PM

imap://[e-mail]:143/f...
r
right with appropriate notification to Mr. Mohesky before the release goes
out.
Diana, when you have received comments, run it by CWMTF to make sure they are
okay with it. When it goes out, send a copy to Mr. Mohesky. I provided him
with the media notice requirements for the spill and the papers where he needs
to send it. I gold him we were doing a release and we would send him a copy.
When the release goes out, send it to the Washington Region News Group and to
Wade Rawlins with the N&O. I will be checking in tomorrow. I appreciate
everyone's help.
2 of'2 6/16/2005 1:26 PM

Michael F. Easley, Governor ��� William G. Ross Jr, Secretary
NCDENR
Noark-i C—o­ DEr'AR .M or
EHViRONMEM AND NATURAL RESOLJRcE
N.C. Department of Environment and Natural Resources
Release: IMMEDIATE Contact: Susan Massengale
Date: April 15, 2005 Phone: [phone], ext. 227
DWQ INVESTIGATES I00,000-GALLON SPILL FROM HOG FARM IN HALIFAX COUNTY
RALEIGH — The N.C. Division of Water Quality is investigating a spill of about 100,000 gallons of
animal waste from a former swine farm in Enfield in Halifax County.
The farm, owned by Henry Earl Hale, is part of the N.C. Division of Soil and Water Conservation's swine
buyout program for animal waste lagoons located within the 100-year floodplain. The program, which receives
funding from the Clean Water Management Trust Fund, removes high -risk swine production operations from the
100-year floodplain and reduces potential hazard from future floods while keeping the land in agricultural use.
In September 2004, DSWC purchased a 20-acre easement from Hale for $115,630 as part of the program.
DSWC entered into a $33,750 contract in February 2005 with Clover M Recyclers Inc. of Sharpsburg to close out
the lagoons on the site. Clover M Recyclers began the closure process Monday morning by land applying waste
to fields at the farm to empty the lagoons as part of the closure process.
A technician with the Fishing Creek Soil and Water Conservation District arrived to inspect the site
Monday afternoon and observed a discharge from the field. He immediately directed the contractor to shut off the
system and put up berms to prevent additional runoff and he then notified the Division of Water Quality.
The spill ran off the farm field and into an unnamed tributary that feeds Beaver Dam Swamp, which flows
to Fishing Creek in the Tar -Pamlico River Basin. DWQ inspectors estimate that 150,000 gallons of waste were
pumped and approximately 100,000 gallons flowed off the application fields. DSWC and DWQ staff sampled
downstream waterways on Monday afternoon and Tuesday. The results of the tests were not available as of
Friday morning.
Swine at the farm were removed in the spring of 2004. The wastewater from the lagoon was fairly diluted
from rainfall and nitrogen levels were low, according to DWQ inspectors.
As a result of the events and the ongoing investigation, the Division of Soil and Water Conservation has
terminated its contract with Clover M Recyclers for the closeout work at the Hale Swine Farm. Clover M has not
received any payments from the contract.
The Division of Soil and Water Conservation and the Division of Water Quality are agencies in the N.C.
Department -of Environment and Natural Resources.
Office of Public Affairs Don Reuter, Director
Phone: [phone] FAX [phone]
1601 Mail Service Center, Raleigh, NC 27699-1601 [e-mail]
An Equal Opportunity/ Aflirmative Action Employer

�j6/Wq005 09:54 919-715-6048
I
DWO NON DISCHARGE HR
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Report to: 0 (,,e // 2/Z 0 WATER QUALITY SECTION
CHAIN OF CUSTODY (COC) RECORD
NC DENRIDWQ LABORATORY (check one): X16rNTRAL [ I ARO [ I WaRO
Page 'af
For Investigation of: f�$ e
r -�'
Sample collector (print name)
and DM-1 forms completed by: &kf
�� � (C w e- r�
t `
- Sample collector's signature:
Field storage conditions and location (when applicable):
:Lab Use Only ..:
LAB NO.'."',!
STATION NO.
STATION LOCATION
DATE
SAMPLED
TIME
SAMPLED
NUMBER
OF
CONTAINERS
uished b (signatu�
vt
n
Date
-5
Time
ei ed by (Si ): '
Date
d S0
I Time
dinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Relinquished by (signature):
Date
Time
Received by (signature):
I Date
Time
et S le
StateCourier ~ n -
'vered ederal Excress S Othc :
!
Security Type and Conditions:
Sealed by:
3 by: G+�
Broken by:
NTRALABORATORY CHAIN OF
i Use
FROM THROUGH'-.
®
■ ■
FAN
�yi
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QA1FormslSample ReseivinglCOC form WQ
-�i
DATE I TIME
`AM

OF ERR-11UNS HRRNCH - WQ Fax:[phone]
State of North Carolina
Department of Environment,
Health and `Nahkal Resources..
Division of Environmental Mina'gement
James B. Hunt, Jr,, Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 7, 1.995
MEM0RANDUMI:
`TO: Regional Water Quality Supe visors '
Fa.
From: bianne Williams Wilburnwi
Subject: Information from Regions
Animal Operations
Please find attached a note from Steve Tedder. He has a meeting with the Governor's Office at
5:00 toda}r_.Please provide the following information and fax to me by 2:00 today. Please feel free
to hand write the information.
Farm Name: alf L w r f Owner Name: Jq
Responsible Party (if different from Owner): -5►9'"' L
Location: ISM J-% 6 Y 617P, ar d 4/ C. -
county:1 /- �� )4 _ Fish Kill: Yes oxobrcle One)
Type and Amount of Waste Spilled: .511-1 h e- e
Aug 7 '95 10:17 P.01/02
q 2
Arm A��llW
r�
E)EHNF=t
m
Sumary of Spill: �
. Lps-s Dar, ,d Pz,,- rn' Ufa N4- &S - t 1- _W mr1C.s ---
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]- FAX, 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
n

Dn*s140H of Water QuI4,
MEMO From: Date:
Fl� �-A s-A� r
Hq /v-- t�Q of4e,
A_ A
C]EHNR
North Caroba MmUent of bviroament, Beach and Natural Remou=
PO BOX 29535, Raleigh, Now Car M 27626-0535 / Phone: [phone]
d

O�O� W A T �9QG
r-
—4
Mr. Henry E. Hale
Henry Earl Hale Farm
3125 Beaver Dam Road
Enfield, North Carolina 27823
Re:
Dear Mr. Hale:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 19, 2005
Henry Earl Hale Farm
Permit Rescission
Permit No. AWS420022
Alan W. Klimek, P,E. Director
Division of Water Quality
Thank you for submitting the Lagoon Closure Form. Permit number AWS420022 has
been rescinded because all animals have been removed and the lagoon is closed. You should no
longer receive invoices for the annual permit fee but if you do, please conTact Todd Bennett at
[phone].
Sincerely,
P Sherman
Animal Feeding Operations Unit
cc: Fran McPherson
Farm file #42-22
Raleigh Regional Office
o `hCarolina
NNaturally
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intemet: h2o,enr.state. nc.us 2728 Capital Blvd. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Anion Employer— 50% Recycled110% Post Consumer Paper

Fishing Creek
Soil and Water Conservation District
Halifax County Agricultural Center
Post Office Box 8
Halifax, North Carolina' 27839-0008
[phone] Ext. 3 FAX [phone]
March 27, 2003 V 00
Earl Hale
170 Hale Farm Road
Enfield, N.C. 27823 97
Dear Mr. Hale,
I spoke with Buster Towell, NCDENR, about your situation of Blue Rose Inc.
operating their Hog farm with a Waste Utilization Plan that contains your farm without
your consent. Mr. Towell said that at the present time you have no liabilities with Blue
Rose Inc.
Mr. Towell and myself both. feel that it may be in your best interest that you
contact Blue Rose Inc. and have them update the Waste Utilization Plan so that you are
comfortable with it.
If there is anything else that I can help you with, please let me. know.
Sincerely,
Will Mann
Resource Conservation Specialist
cc. Buster Towell
NCDENR

record detail http://www.halifaxnc-gis.com/FMPro...carl%20hale&-recid=12960898&-find=
Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
�o �perty Detail fd`iP`I4E'rBY199�
Environment and Natural-Resources
r Parcel # 0401148 Raleigh Regionel-office--
0 .0 Alan W. Klimek, P.E., Director
Division of Water Quality
Owner/s: HALE,ROBERT EARL & JEAN C Address: PA t It6 ENFIELD,
Land Records Information
PIN #: 3971-00-57-4557 Subdivision: Acreage: 6
Map - Lot: 168720 -0
Property Location: 294 JAMES W. WILLIAMS
FARM RD
Legal Descriptions:
HOUSE BELLAMY LD
Structural Data
Yr Constructed: 1955 1/2 Baths: 0 Full Baths: 1 Total # of Rooms: 5
Total Living Area: 1265 # Of Living Units: 2
FINANCIAL INFO
Deed Book & Page#: 939, 74 Sale Date: Sale Price: $0
Land Value: $79,800 Buildings Value: $117,320
New Search a
County Home Pag
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571.4700 NMEW
FAX [phone]
1 of 1 DEN Customer Service 1 800.623.7748 4/9/03 2:33 PM

record detail http://www.halifaxnc-gis.conVFMPro...earl%20hale&-recid=I2960897&-find=
\NATF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
�0l w rerty Detail fd`IP�I4 fgEbftgEnvironment and Natural-Resources
r Parcel # 04011.47 Raleigh Regional-&L-e---
Alan W. Klimek, P.E., Director
❑ Division of Water Quality
Owner/s: HAL.ZROBERT EARL & JEAN C Address: >✓NFIELD, NC 27823
Land Records Information
PIN #: 3971-00-64-4464 Subdivision: Acreage: 10
Map - Lot: 16712 -0
Property Location: JAMES W WILLIAMS FARM
RD
Legal Descriptions:
BELLMANY LD.USE
Structural Data
Yr Constructed: 0 1/2 Baths: 0 Full Baths: 0 Total # of Rooms: 0
Total Living Area: 0 # Of Living Units: 0
FINANCIAL INFO
Deed Book & Page#: 739, 74 Sale Date: Sale Price: $0
Land Value: $78,950 Buildings Value: $0
New Search ' ' County Home
NEW
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571.4700
FAX [phone]
1 of 1 DENR Customer Service 1 800.623.7748 4/9/03 2:33 PM

record detail http://www,halifaxnc-gis.corn/FMPro ... earl%20hale&-recid=12960896&-find=
t WA. TF Michael F. Easley, Governor
William G. Ross Jr.. Secretary
perty Detail fd'IP i4WMMVEnvironment and Natural Peaources
r Parcel # 0401146 Raleigh RoWal•Gff+ce—
Q �
Alan W. Klimek, P.E., Director
Division of Water Qualityegi
it Nt ROAD
Ownerls: HALE,ROBERT EARL & JEAN C Address: L IV MILLI-r ENFIELD, NC 27823
Land Records Information
PIN #: 3991-00-27-9859 Subdivision: Acreage: 102.
Map - Lot: 151 /22 -0
Structural Data
Property Location: WHITEHEAD RD
Legal Descriptions:
PITS#1204 LANDUSE
Yr Constructed: 0 1/2 Baths: 0 Full Baths: 0 Total # of Rooms: 0
Total Living Area: 0 # Of Living Units: 0
FINANCIAL INFO
Deed Book & Page#: 1037, 132 Sale Date: Sale Price: $0
Land Value: $89,570 Buildings Value: $0
New Search a
County Home
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571.4700
FAX 919. 571,4718
1 of 1 DENR Customer Service 1 800.623.7748 4/9/03 2:33 PM

record detail http:l/www,halifaxnc-gis.com/FMPro...earl%20hale&-recid=12960895&-find=
• F WArE Michael F. Easley, Govemor
�Q William G. Ross Jr., Secretary
---- -0 G�perty Detail f(W1WMWrM16Envlronrnent and Nalural$esources
r_ Parcel # 0401145 Raleigh Regional -office—
Alan W. Klimek, P.E.. Director
d Division of Water Quality
Ownerls: I-IALE,ROBERT EARL & JEAN C Address: FA ! fto ENFIELD,
Land Records Information
PIN #: 3992-00-11-8216 Subdivision: Acreage: 67.
Map - Lot: 151 /15 -2 Property Location: WHITEHEAD
Legal Descriptions:
PITTS LANDUSE
Structural Data
Yr Constructed: 0 112 Baths: 0 Full Baths: 0 Total # of Rooms: 0
Total Living Area: 0 # Of Living Units: 0
FINANCIAL INFO
Deed Book & Page#: 1037, 132 Sale Date: Sale Price: $0
Land Value: $61,040 Buildings Value: $0
New Search a
County Home
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571,4700
FAX 919. 571 A718
1 of 1 DENR Customer Service 1800.623.7748 4/9/03 2:33 PM

record detail • http://www.halifaxnc-gis.com/FMPro...11in%20hale&-recid=12964120&-find=
• W A TF Michael F, Easley, Governor
d 9 William G. Ross Jr., Secretary
�O �perty Detail fd'lPf''riPVj%trj Environment and Natural -Resources
r Parcel # 0500381 Raleigh Regional Of8ce—
Alan W. Klimek, P.E., Director
Division of Water Quality
Owner/s: I-IALE,GEORGE COLLIN&DEAN L Address: 94 Mf f t!rLITTNC 27850
Land Records Information
PIN #: 3972-00-23-8792 Subdivision: Acreage: 4
Map - Lot: 189 I23 -0
Property Location: OLD HOTEL RD
Legal Descriptions:
ADKINS LD/USE
Structural Data
Yr Constructed: 0 112 Baths: 0 Full Baths: 0 Total # of Rooms: 0
Total Living Area: 0 # Of Living Units: 0
FINANCIAL INFO
Deed Book & Page#: 965, 256 Sale Date:
Land Value: $27,850 Buildings Value: $0
New Search 0
County Home Pag
11
Sale Price: $0
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571.4700
FAX [phone]
1 of 1 DENR Customer Service 1 800.623.7748 419103 2:34 PM

record detail - http://www.halifaxnc-gis.com/FMPro...earl%20hale&-recid=12960899&-find=
F Michael F. Easley, Governor
WEI:
William G. Ross Jr., Secretary
Environment and NaluraE R
esources
sperty Detail fdrIM"
`Parcel # 04011.49 Raleigh Regional -Office --Alan W. Klimek, P.E., Director
Division of Water Quality
Owner/s: HALE,ROBERT EARL & JEAN C Address: ENFIELD, NC 27823
Land Records Information
PIN #: 3971-00-66-4431 Subdivision: Acreage: 58.3
Map - Lot: 168130 -0
Property Location: JAMES W. WILLIAMS FARM
RD
Legal Descriptions:
BELLAMY I-95 LANDUSE
Structural Data
Yr Constructed: 0 1/2 Baths: 0 Full Baths: 0 Total # of Rooms; 0
Total Living Area: 0 # Of Living Units: 0
FINANCIAL INFO
Deed Book & Page#: 917, 236 Sale Date: Sale Price: $0
Land Value: $51,270 Buildings Value: $0
New Search it
County Home
WWI
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571.4700
FAX 9% 571.4718
1 of I DENR Customer Service 1 800.623.7748 4/9/03 2:33 PM

record detail http://www.halifaxnc-gis.com/FMPro...11in%20hate&-recid=12967364&-find=
\N Michael F. Easley, Governor
Q 9 William G. Ross Jr., Secretary
�O erty Detail fali°`PIP
Environment and Naiura!_Resources
r nTY
Parcel # 07001.22 Raleigh Regiona{•Gffrce—
Alan W. Klimek, P.E., Director
Division of Water Quality
U r1w It Jul
Owner/s: FIALE,GEORGE COLLIN Address: ENFIELD, NC 27823
Land Records Information
PIN #: 3949-06-49-9301 Subdivision: Acreage:.978
Map - Lot: 257 /217 -0
Structural Data
Property Location: 94 MISTI LN
Legal Descriptions:
#17 MISTIPINES
Yr Constructed: 1985 1/2 Baths: 0 Full Baths: 3 Total # of Rooms: 6
Total Living Area: 2498 # Of Living Units: I
FINANCIAL INFO
Deed Book & Page#: 1585, 342 Sale Date: Sale Price: $0
Land Value: $66,830 Buildings Value: $146,470
New Search a
County Home
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919, 571.4700
FAX [phone]
1 of 1 DENR Customer Service 1 800.623.7748 4/9/03 2:34 PM

record detail http://www.hatifaxne-gis.com/FMPro...11in%20hale&-recid=12968399&-find=
F IPi+4% Michael F. Easley, Governor
0 R William G, Ross Jr., Secretary
Perty Detail f6VMjRlfgEgnV ,Environment and Natural.Resources
y r > Parcel # 0701229 Raleigh Regiormfl- 3ffice-
-i
.r Alan W. Klimek, P.E., Director
Division of Water Quality
Owner/s: HALE,GEORGE COLLIN Address: ENFI> LD, NC 27823
Land Records Information
PIN #: Subdivision: Acreage:
Map - Lot: 295 /5 -1
Property Location: HENRY PENNY LN.
Legal Descriptions:
L/H ON GEORGE WADE SHEARIN LD NEAR ROCHE
Structural Data
Yr Constructed: 0 1/2 Baths: 0 Full Baths: 0
Total Living Area: 0 # Of Living Units: 1
FINANCIAL INFO
Deed Book & Page#: , Sale Date:
Land Value: $0 Buildings Value: $0
New Search a County Home
Total # of Rooms: 0
Sale Price: $0
N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-162B 919. 571.4700
FAX 919. 571,4718
1 of 1 DENR Customer Service 1 800.623.7748 4/9/03 2:34 PM

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
October 1, 2004
Henry Hale
Henry Earl Hale Farm
3125 Beaver Dam Road
Enfield NC 27823
Subject: Certificate of Coverage No. AWS420022
Henry Earl Hale Farm
Swine Waste Collection, Treatment,
Storage and Application System
Halifax County
Dear Henry Hale:
On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General
Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill
733 (Session Law 2003-28).
In accordance with your application received on January 1.7, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Henry
Hale, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG100000. , The issuance of this COC
supercedes and terminates your previous COC Number AWS420022 which expires October 1, 2004.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Henry Earl Hale Farm, located in Halifax County, with an animal capacity of no
greater than an annual average of 700 Feeder to Finish swine and the application to land as specified in
the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by 'an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3. sows
The COC shall be effective from the date of issuance until September 30, 2009. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keeping
and monitoring conditions in this permit.
Aquifer Protection Section — Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, North Carolina 27699-1638 One
NorthCarolina
Phone: [phone] FAX: [phone] I Internet: h2o.enr,state.nc.us ����yr�
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper LL i L

If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right -to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Raleigh Regional Office. The Regional Office Water
Quality Staff may be reached at [phone]. If you need additional information concerning this COC
or the General Permit, please contact Duane Leith at [phone].
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Raleigh Regional Office, Aquifer Protection Section
Halifax County Health Department
Halifax County Soil and Water Conservation District
Permit File AWS420022
APS Central Files
0

NutrientManagement Plan For Animal Waste Utilization
0 O l-29-2003
This plan has been prepared for:
H. Hale Farm
Blue Rose Inc.
Matt Miles l TQck. KU-M
18225 Three Creeks Rd.
Capron, VA 23829
804-834-.12.15
This plan has been developed by:
Laura Gregory
BOC-Virginia
P.O. Box 1240 a
n .
Waverly, VA 23890
804- - 224 r"
Developer Signature
Type of Plan: Nitrogen Only with Manure Only
Owner/Manager/Producer Agreement
I (we) understand and agree to the specifications and the operation and maintenance
. procedures established in this nutrient management plan which includes an animal
waste utilization plan for the farm named above. I have read and understand the
Required Specifications concerning animal waste management that are included with
this plan.
•
�, -s , Q , Z / 2,q �p _�.
Signature (owner) ate
Signature (manager or producer) rate
This plan meets the minimum standards and specifications of the U.S. Department of
Agriculture -Natural Resources Conservation Service or the standard of practices
adopted by the Soil and Water Conservation Commission.
Plan Approved By: I �-
Technical Specialist Signature Date
Preview Database Version 2.0 Date Printed: 01-29-2003 Cover Page 1

Nutrients applied in accordance with this plan will be supplied from the
. following source(s):
Commercial Fert_O&r is not included to this plan.
•
S7
Swine Feeder -Finish Lagoon Liquid waste generated 648,900 gals/year by
a 700 animal Swine Finishing Lagoon Liquid operation. This production
facility has waste storage capacities of approximately 180 days.
Estimated Pounds of Plant Available Nitrogen Generated per Year
Broadcast
1495
Incorporated
2567
Injected
2827
Irrigated
1625
Actual PAN Applied
(Pounds)
Actual Volume Applied
(Gallons)
Volume SurplusMeficit
(Gallons)
Year 1
2,969.33
1,186,075
-537,175
Year 2
1,874.19
748,627
-99,727
Note: In source ID, S means standard source, U means user defined source.
969395 Database Version 2.0 Date Printed: 01-29-2003 Source Page 1 of 1

The table shown below provides a summary of the crops or rotations included in this plan for each field.
iRealistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for
each field is shown, where available.
is
Planned Crops Summary
Tract
Field
Leaching
Index (L1)
Soil Series
Crop Sequence
RYE
3062
14
NIA
Grantham
Cotton
800 lbs.
Small Grain Cover
0.0 Tons
Cotton
800 lbs.
3062
15
NIA
Goldsboro
Cotton
925lbs.
Small Grain Cover
0.0 Tons
Cotton
925 lbs.
3062
17
NIA
Emporia
Cotton
825 lbs.
Small Grain Cover
0.0 Tons
Cotton
825 lbs.
3062
18
NIA
Emporia
Cotton
825 lbs.
Small Grain Cover
0.0 Tans
Cotton
825 lbs.
3062
19A
NIA
Grantham
Fescue Pasture
4.5 Tons
3062
21
N/A
Grantham
Cotton
800 ibs.
Small Grain Cover
0.0 'Pons
Cotton
800 lbs.
3062
22
N/A
Grantham
Cotton
800 lbs.
Small Grain Cover
0.0 Tons
Cotton
800 lbs.
LI
Potential Leaching
Technical Guidance
Low potential to contribute to soluble
None
< 2
nutrient leaching below the root
zone.
> = 2 &
Moderate potential to contribute to
Nutrient Management (590) should be planned.
< - 10
soluble nutrient leaching below the
root zone.
High potential to contribute to
Nutrient Management(590) should be planned. Other conservation practices that improve the
soluble nutrient leaching below the
soils available water holding capacity and improve nutrient use efficiency should be
> l o
root zone.
considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations
(328), Long -Term No -Till (778), and edge -of --field practices such as Filter Strips (393) and
Riparian Forest Buffers (391).
69395 Database Version 2.0 Date Printed: 01-29-2003 PCS Page l of I
'MPNOTE: Symbol * means user entered data.

The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres
of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient
requirements, and proper timing of applications to maximize nutrient uptake.
This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by
manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and 1 iquid waste that will be
applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and
the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation.
Depending on the requirements of the crop and the nutrient content of the waste, some nutrients will likely be over or under applied if animal waste is
being utilized. Waste should be analyzed before each application cycle and annual soil tests are required if animal waste is being applied. Soil tests
should be used to balance the nutrient application amounts with the realistic yields of the crop to be grown. Nutrient management plans may require that
the application of animal waste be limited so as to prevent over application of phosphorous when excessive levels of this nutrient are detected in a field.
Waste Utilization Table
Tract
I Field
Source
I.13.
Soil Series
Total
Acre
Use.
Acres
Crop
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Read
Comm.
Fert.
Nutrient
Applied
Res_
Obs/A)
Applic.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid
Manure
Applied
(Field)
N
N
N
Ibs/A
1000
Ral/A
tons
1000 gals
tons
--3062
14
S7
Grantham
5.33
5.33
Cotton
800 tbs.
3115-7/31
53
0
0
Irrig.
53
21.17
0
112.84
0.00
-3062
14
S7
Grantham
5.33
5.33
Small Grain Cover
N/A
9/1-3/31
25
0
0
brig.
18
6.99
0
37.26
0.00
--3062
15
S7
Goldsboro
7.42
7.42
Cotton
925 tbs.
3/15-7/31
82
0
0
Irrig.
82
32.75
0
243.04
0.00
-3062
15
S7
Goldsboro
7.42
7.421
Small Grain Cover
N/A
9/1-3/31
25
0
01
brig.
18
6.99
0
51.87
0.00
--3062
17
S7
Emporia
9.70
9.70
Cotton
825 tbs.
3/15-7/31
73
0
0
Irrig.
73
29.16
_ 0
282.84
0.00
-3062
17
S7
Emporia
9.70
9.70
Small Grain Cover
N/A
9/1-3/31
25
0
o
brig.
18
6.99
0
67.80
0.00
--3062
18
S7
Emporia
1.48
1.48
Cotton
8251bs.
3115-7/31
73
0
0
IrriR.
73
29.16
0
43.16
0.00
-3062
18
S7
Emporia
1.48
L48
Small Grain Cover
N/A
9/1-3131 .
25
0
0
Brig. 4
18
6.99
0
10.35
0.00
-3062
19
S7
Grantham
2.27
2.27
Fescue Pasture
4.5 Tons
8/1-7/31
143
0
0
IrriR.
143
57.12
0
129.66
0.00
�3062
21
S7
Grantham
1.25
1.25
Cotton
8001bs.
3115-7/31
53
0
0
brig.
53
21.17
0
26.46
0.00
969395 Database Version 2.0 Date Printed: 1/29/03 WUT Page I

Waste Utilization Table
Year 1
Tract
Field
Source
I.D.
Soil Series
Total
Acre
Use.
Acres
Crop
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Reo'd
Comm.
Fert.
Nutrient
Applied
Res.
pbs/A)
Applic.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid
Manure
Applied
(Field)
N
N
N
lbs/A
1000
gaUA
I tons
1000 gals
tons
--3062
21
S7
Grantham
1.25
1.25
Small Grain Cover
NIA
9/1-3/31
25
0
0
Irrig.
18
6.99
0
8.74
0.00
--3062
22
S7
Grantham
6.11
6.11
Cotton
800lbs.
3/15-7/31
53
0
0
Irrig.
53
21.17
0
129.35
0.00
—3062
22
S7
Grantham
6.11
6.11
Small Grain Cover
N/A
911-3/31
25
0
0
Irrig,
18
6.99
0
42,71
0.00
Total Applied, 1000 gallons
1,186.08
,
Lagoon Liquids
Total Produced, 1000 gallons
648.90
Balance, 1000 gallons
537.18
Total Applied tons
0.00
Manure Solids
Total Produced, tons
low_
0.00
Balance, tons
0.00
Notes: 1. In the tract column, symbol -- means leased, otherwise, owned.
969395 Database Version 2.0
2. Symbol' means user entered data -
Date Printed: 1129/03
WUT Passe 2

Waste Utilization Table
Year 2
Tract
Field
Source
I D,
Soil Series
Total
Acre
Use.
Acres
Crop
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Req'd
Comm.
Fert.
Nutrient
Applied
Res.
(lbs/A)
Aw ic.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid
Manure
Applied
(Field)
N
N
N
lbs/A
1000
al/A
tons
1000 als
tons
-3062
14
S7
Grantham
5.33
5.33
Small Grain Cover
NIA
9/1-3/31
25
0
0
brig.
8
3.00
0
15.97
0.00
-3062
14
S7
Grantham
5.33
5.33
Cotton
800lbs.
3/15-7/31
53
0
25
brig.
28
11.18
0
59.61
0.00
--3062
15
S7
Goldsboro
7.42
7.42
Small Grain Cover
N/A
9/1-3131
25
0
0
Irrig.
8
3.00
0
22.23
0.00
-3062
15
S7
iGoldsboro
7.42
7.42
1 Cotton
925lbs.
3115-7131
.82
0
25
Irrig,
57
22.77
0
16894
0.00
-3062
17
S7
Emporia
9.70
9.70
Small Grain Cover
NIA
9/1-3/31
25
0
0
Irrig,
8
3.00
0
29,06
0.00
-3062
17
S7
Emporia
9.70
9.70
Cotton
825 lbs.
3/15-7/31
73
0
25
Irrig.
48
19.17
p
185.98
0.00
-3062
18
S7
Emporia
1.48
1.48
Small Grain Cover
N/A
911-3/31
25
0
0
Irrig.
8
3.00
p
4.43
0,00
--3062
l8
S7
Emporia
1.48
1.48
Cotton
825lbs.
3115-7/31
73
0
25
brig.
48
19.17
0
28.38
0.00
-3062
19A
S7
Grantham
2.27
2.27
Fescue Pasture
4.5 Tons
8/1-7/31
143
0
0
Irrig.
143
57.12
0
129.66
0.00
-3062
21
S7
Grantham
1.25
1.25
Small Grain Cover
NIA
9/1-3/31
25
0
0
brig.
8
3.00
0
3.74
0.00
-3062
21
S7
Grantham
1.25
1.25
Cotton
8001bs.
3115-7/31
53
0
25
brig.
28
11,19
0
13,98
0.00
-3062
22
S7
Grantham
6.11
6.11
Small Grain Cover
N/A
9/1-3/31
25
0
0
Irrig.
8
3.00
0
18.30
0.00
-3062
22
S7
Grantham
6A i
6.11
Cotton
800 lbs.
3/15-7/31
53
D
25
Irrig.
28
1 L 18
0
68.34
0.00
Total Applied, 1000 gallons
748.63
(;
Lagoon Liquids
Total Produced, 1000 gallons
648.90
Balance, 1000 gallons
-99.73
a - _- r
Total Applied, tons
0.00
Manure Solids
Total Produced, tons
0.00
Balance, tons
a
0.00
Notes: 1. In the tract column, symbol - means leased, otherwise, owned.
2. Symbol' means user entered data.
969395 Database Version 2.0 Date Printed: 1/29/03
WUT Page 3
0

The Irrigation Application Factors for each field in this plan are shown in the following table.
Infiltration rate varies with soils. If applying waste nutrients through an irrigation system, you must
apply at a rate that will not result in runoff. This table provides the maximum application rate per
hour that may be applied to each field selected to receive wastewater. It also lists the maximum
application amount that each field may receive. in any one application event.
Irrigation Application Factors
Tract
Field
Soil Series
Application Rate
(inchesihour)
Application Amount
(inches)
3062
14
Grantham
0.40
0.96
3062
15
Goldsboro
0.50
0.96
3062
117
Emporia
0.50
0.96
3062
18
Emporia
0.50
0.96
3062
19A
Grantham
0.40
0.96
3062
21
Grantham
0.40
0.96
3062
22
Grantham
0,40
0.96
0 ---
—96 -- 9-----.---._.--.-._-.-.-----.---.---.i -_....--.....--. _.-...-._-....-..--... Date Printed: 01-29-2003 ._...-------------- --------
.
969395 Database Vernon 2.0 [AF Page 1 of 1

4
The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for
sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen
concentrations for each source, the number of animals in the facility and the plant available nitrogen application
rates shown in the second column.
Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent.
At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases,
the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting.
Since nutrient levels are generally very high, application of sludge must be carefully applied.
Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not
be used for sludge application. If this is not possible, care should be taken not to load effluent application fields
with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to
surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous
levels may also be a concern.
Lagoon Sludge Nitrogen Utilization Table
Crop
Maximum
PAN Rate
lblac
Maximum Sludge
Application Rate
1000 gal/ac
Minimum Acres
5 Years Accumulation
Minimum Acres
10 Years Accumulation
Minimum Acres
15 Years Accumulation
Swine Feeder -Finish Lagoon Sludge - Standard
Corn 120 bu
150
13.16
8.78
17.55
26.33
y 6 ton R.Y.E.
300
26.32
4.39
8.78
13.16
Soybean 40 bu
160
14.04
8.23
16.45
24.68
0 - . ........ ..,
969395 Database Version 2.0 Date Printed: 01-29-2003 Sludge Page 1 of 1

• The Available Waste Storage Capacity table provides an estimate of the number of days of storage
capacity available at the end of each month of the plan. Available storage capacity is calculated as the
design storage capacity in days minus the number of days of net storage volume accumulated. The
start date is a value entered by the user and is defined as the date prior to applying nutrients to the first
crop in the plan at which storage volume in the lagoon or holding pond is equal to zero.
•
Available storage capacity should be greater than or equal to zero and less than or equal to the design
storage capacity of the facility. If the available storage capacity is greater than the design storage
capacity, this indicates that the plan calls for the application of nutrients that have not yet
accumulated. If available storage capacity is negative, the estimated volume of accumulated waste
exceeds the design storage volume of the structure. Either of these situations indicates that the
planned application interval in the waste utilization plan is inconsistent with the structure's temporary
storage capacity.
Available Waste Stnrnoe C`,anacity
Source Name Swine Feeder -Finish Lagoon Liquid
Desi n Stora a Capacity a s
StartDate 09/01
180
Plan Year
Month
Available Storage Capacity (Days)
1
1
64
1
2
54
1
3
180
1
4
150
1
5
.180
1
6
150
1
7
119
1
8
106
1
9
112
1
10
134
1
11
130
1
12
125
2
1
120
2
2
137
2
3
180
2
4
150
2
5
180
2
6
150
2
7
119
2
8
106
2
9
94
2
10
63
2
11
33
2
12
2
. 969395 _ Database Version 2.0 Date Printed: 01-29-2003 Capacity Page 1 of 2

•
Source Name
wine Feeder -Finish Lagoon Liquid
Design Storage Capacity (Days)
Start Date
109/01
180
Plan Year
Month
Available Storage Capacity (Days) "
• Available Storage Capacity is calculated as of the end of each month.
969395 Database Version 2.0 Date Printed: 01-29-2003 Capacity Page 2 of 2

• Required Specifications For Animal Waste Manaeement
1. Animal waste shall not reach surface waters of the state by runoff, drift,
manmade conveyances, direct application, or direct discharge during
operation or land application. Any discharge of waste that reaches
surface water is prohibited:
2. There must be documentation in the design folder that the producer
either owns or has an agreement for -use of adequate land on which to
properly apply the waste. If the producer does not own adequate land to
properly dispose of the waste, he/she shall provide evidence of an
agreement with a landowner, who is within a reasonable proximity,
allowing him/her the use of the land for waste application. It is the
responsibility of the owner of the waste production facility to secure an
update of the -Nutrient Management Plan when there is a change in the
operation, increase in the number of animals, method of application,
receiving crop type, or available land.
3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs
for realistic crop yields based upon soil type, available moisture, historical
data, climatic conditions, and level of management, unless there are
regulations that restrict the rate of applications for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons per acre
per year. Waste may be applied to land eroding at more than 5 tons per
acre per year but less than 10 tons per acre per year provided grass filter
strips are installed where runoff leaves the field (see USDA, MRCS Field
Office Technical Guide Standard 393 - Filter Strips).
5. Odors can be reduced by injecting the waste or by disking after waste
application. Waste should not be applied when there is danger of drift
from the land application field.
6. When animal waste is to be applied on acres subject to flooding, waste
will be soil incorporated on conventionally tilled cropland. When waste is
applied to conservation tilled crops or grassland, the waste may be
broadcast provided the application does not occur during a season prone
to flooding (see "Weather and Climate in North Carolina" for guidance).
9. 969395 Database Version 2.0 Date Printed: 1/29/03 Specification Page 1

n
LJ
Is
7. Liquid waste shall be applied at rates not to exceed the soil infiltration
rate such that runoff does not occur offsite or to surface waters and in a
method which does not cause drift from the site during application. No
ponding should occur in order to control odor and flies.
8. Animal waste shall not be applied to saturated soils, during rainfall
events, or when the soil surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner
that the crop is not covered with waste to a depth that would inhibit
growth. The potential for salt damage from animal waste should also be
considered.
10. Nutrients from waste shall not be applied in fall or winter for spring
planted crops on soils with a high potential for leaching. Waste/nutrient
loading rates on these soils should be held to a minimum and a suitable
winter cover crop planted to take up released nutrients. Waste shall not
be applied more than 30 days prior to planting of the crop or forages
breaking dormancy.
11. Any new swine facility sited on or after October 1, 1995 shall comply with
the following: The outer perimeter of the land area onto which waste is
applied from a lagoon that is a component of a swine farm shall be at least
50 feet from any residential property boundary and canal. Animal waste,
other than swine waste from facilities sited on or after October 1,1995,
shall not be applied closer that 25 feet to perennial waters.
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other
than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and
public right-of-ways.
969395 Database Version 2.0 Date Printed: 1/29103 Specification Page 2

15. Animal waste shall not be discharged into surface waters, drainageways,
. or wetlands by a discharge or by over -spraying. Animal waste may be
applied to prior converted cropland provided the fields have been
approved as a land application site by a "technical specialist". Animal
waste shall not be applied on grassed waterways that discharge directly
into water courses, and on other grassed waterways, waste shall be
applied at agronomic rates in a manner that causes no runoff or drift
from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets,
sinks, etc., shall not be discharged into the animal waste management
system.
17. A protective cover of appropriate vegetation will be established on all
disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas
shall be fenced, as necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc., are limited to areas where
considered appropriate. Lagoon areas should be kept mowed and
accessible. Berms and structures should be inspected regularly for
evidence of erosion, leakage, or discharge.
is 18. If animal production at the facility is to be suspended or terminated, the
owner is responsible for obtaining and implementing a "closure plan"
which will eliminate the possibility of an illegal discharge, pollution, and
erosion.
19. Waste handling structures, piping, pumps, reels, etc., should be inspected
on a regular basis to prevent breakdowns, leaks, and spills. A regular
maintenance checklist should be kept on site.
20. Animal waste can be used in a rotation that includes vegetables and other
crops for direct human consumption. However, if animal waste is used on
crops for direct human consumption, it should only be applied pre -plant
with no further applications of animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and bottom
elevations of the temporary storage (pumping volume) of all waste
treatment lagoons. Pumping shall be managed to maintain the liquid
level between the markers. A marker will be required to mark the
maximum storage volume for waste storage ponds.
0 969395 Database Version 2.0 Date Printed: I/29/03 Specification Page 3

22. Waste shall be tested within 60 days of utilization and soil shall be tested
at least annually at crop sites where waste products are applied. Nitrogen
shall be the rate -determining nutrient, unless other restrictions require
waste to be applied based on other nutrients, resulting in a lower
application rate than a nitrogen based rate. Zinc and copper levels in the
soils shall be monitored and alternative crop sites shall be used when
these metals approach excessive levels. pH shall be adjusted and
maintained for optimum crop production. Soil and waste analysis
records shall be kept for a minimum of five years. Poultry dry waste
application records shall be maintained for a minimum of three years.
Waste application records for all other waste shall be maintained for five
(5) years.
23. Dead animals will be disposed of in a manner that meets North Carolina
regulations.
•
• 969395 Database Version 2.0 Date Printed: 1/29/03 Specification Page 4

0
•
Crop Notes
The following crop note applies to field(s): 14, 21, 22
Cotton CP, Organic soils
In the Coastal Plain, cotton is normally planted from April 15-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Apply 1.0 lb/acre actual boron either at planting or at
sidedress; or, foliar apply 1/2 lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other
1/4 lb/acre about 2 weeks later. The boron needs to be available to the cotton during fruiting. Tissue
samples can be analyzed during the growing season to monitor the nutrient status of the cotton. Timely
management of insects, weeds, and excessive vegetative growth are essential for profitable cotton
production.
The following crop note applies to field(s): 15
Cotton CP, Mineral Soil, low -leachable
In the Coastal Plain, cotton is normally planted from April 15-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
She total N needed is dependent on soil type. Apply 1.0 lb/acre actual boron either at planting or at
sidedress; or, foliar apply 1/2 lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other
1/4 lb/acre about 2 weeks later. The boron needs to be available to the cotton during fruiting. Tissue
samples can be analyzed during the growing season to monitor the nutrient status of the cotton. Timely
management of insects, weeds, and excessive vegetative growth are'essential for profitable cotton
production.
969395 Database Version 2.0 Date Printed: 01-29-2003 Crop Note Page 1 of 2

•
The following crop note applies to field(s): 17, 18
Cotton CP: Mineral Soil, medium leachable
In the Coastal Plain, cotton is normally planted.from April 15-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Also, apply at least 20 lbs/acre sulfur either at planting or
at sidedressing. Apply 1 A lb/acre actual boron either at planting or at sidedress; or, foliar apply 1/2
lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other 1/4 lb/acre about 2 weeks later.
The boron needs to be available to the cotton during fruiting. Tissue samples can be analyzed during the
growing season to monitor the nutrient status of the cotton. Timely management of insects, weeds, and
excessive vegetative growth are essential for profitable cotton production.
The following crop note applies to field(s): 19A
fescue: Coastal Plain, Organic Soils.
Adaptation: Well -adapted.
In the Coastal Plain tidewater region, tall fescue can be planted Sept. 1 to Oct. 15 (best) and Feb.'15 to
Mar. 20. For pure -stand broadcast seedings use 20 to 30 lb/ac., for drilled use 15 to 20 lb/ac. seed. Use
certified seed to avoid introducing weeds or annual ryegrass. Plant seed 0.25" to 0.5" deep for pure
stands, 0.25" in mixture with clovers. Tall fescue will tolerate soil wetness but not flooding or prolonged
saturation; use ladino clover for mixtures on these soils. Soil test for preplant and maintenance lime,
phosphorus, and potassium recommendations. Apply 40 to 60 lb/ac nitrogen at planting for pure stands
only. Do not apply N for mixtures with clovers but use proper legume inoculation techniques. Apply 150
to 200 lblac. N to pure -stand fescue for hay production; reduce N rates by 25% for grazing. Apply N Feb.
1 to Mar. 20 and Aug. 20 to Sept. 30, with equal amounts in each window. Refer to NCSU Technical.
Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for additional
information or consult your regional agronomist or extension agent for assistance.
The following crop note applies to. field(s): 14, 21, 22
Small Grain Cover Crop
The following crop note applies to field(s): 15
Small Grain Cover Crop
The following crop note applies to field(s): 17, 18
Small Grain Cover Crop
.-..-.-_-..-_-_.-..--.-..-----...
..._.-.-.-
969395 Database Version 2.0 Date Printed: 01-29-2003 Crop Note Page 2 of 2

ir
37
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ajn s Q )c
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L;
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f VA Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
42,
4 North Carolina Department of Environment and Natural Resources
j Alan W. Klimek, P. E., Director
II H Division of Water Quality
January 9, 2003
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Henry Hale
Henry Earl Hale Farm
3125 Beaver Dam Road
Enfield NC 27823
Subject: Application for Renewal of Coverage under the State Non -Discharge General Permit
Dear Permittee:
Your facility is currently approved for operation under one of the Animal Waste Operation General Permits. These permits
expire on April 30, 2003. The Division of Water Quality (Division) staff is currently in the process of renewing these
permits and is scheduled to have the permit reissued by early April 2003. Once the permit is reissued, your facility would be
eligible for continued coverage under the reissued permit..
The Division has published a public notice regarding these renewed general permits. A copy of the draft animal
waste operation general permits and fact sheets are available at the website http://h2o.enr.state.nc.uS/ndpu/
or by writing or calling:
Non -Discharge Permitting Unit
_ NC Division of Water Quality
C r� 1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone number: [phone], ext. 574
In order to assure your continued coverage under the general permit; you -must apply to the Division for renewal. Enclosed
you will find a Permit Coverage Renewal Application Form. The application form must be completed and returned within 60
days from receipt of this letter. You must include a copy of your most recent, Waste Utilization Plan with the application
form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil
penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-
215.1 and could result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to
contact Michelle Barnett at 919-733-5083 extension 544.
Sincerely,
2/
Kim H. Colson, P.E.
Cc: Halifax Soil and Water Conservation District
Raleigh Regional Office, Division of Water Quality
Permit File AWS420022
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Opportunity Action Employer
NCDENtR
Internet http:/lh2o.enr.state.nc.us/ndpu
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycledl10% post -consumer paper

ANIMAL -WASTE UTILIZATION PLAN
Producer:
Location:
Telephone:
Type Operation:
Number of Animals:
(Design Capacity)
Capacity)
.3TCICKVE JTttL'C T u tE
APPLICATION METHOD:
CLOVER M FARMS (MOHESKY)
RT # 3 BOX 27
ENFIELD NC 27823
919-445-5184
Existing Feeder to Finish Swine
700.00 hogs
Irrigation
W-=-=t_ T_ea��:ent _•agcc
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops
in the fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil
tests are strongly encouraged so that all plant nutrients can be
balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be
grown and the nutrient content of the waste. Do not apply
more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capacities.
3. Normally waste shall be applied to land eroding at less than
5 tons per acre per year. Waste may be applied to land
eroding at 5 or more tons per acre annually, but less than
10 tons per acre per year providing that adequate filter
strips are established.
4. Do not apply waste on saturated soils, when it is raining,
or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed
under DWQ regulations.
Page: 1

ANIMAL WASTE UTILIZATION PLAN
5. Wind conditions should also be considered to avoid drift and
downwind odor problems.
6. To maximize the value of the nutrients for crop production
and to reduce the potential for pollution, the waste should
be applied to a growing crop or applied not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting the waste or disking will conserve nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levers for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
700 hogs x 1.9 tons waste/hogs/year = 1330 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
700 hogs x 2.3 lbs PAN/hogs/year = 1610 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
----
or
------
APPLY
RESID.
APPLIC
METH
N
TIME
3062
8
GRITNEY 0-2k
FC
3.2
160
0
3.14
502.4
1
I
II
ISEP-APR
3062
GRITNEY 0-2%
IFC
I3.2
�10
1160 10
3062
11
GRITNEY 0-2%
FC
3.2
0
I
1160
3062
19
GRITNEY 0-2%
FC
3.2
0
I
1160
3062
6
d
JEMA
IC
I
1110.01137.5
3062
En -LA
SG
29
49.3 0
1-6
1
I
3062
6
EmA
CO.
650
0
I
178
6.05 1968
SEP-APR
2.30 1368
SEP-APR
1.39 222.4
SEP-APR
10.57 1453.37
MAR-JUN
10.57 521.101
NOV-APR
10.57 82,4.46
APR-AUG
TEND II I l I I
TOTAL14859.73
- Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This plan
only addresses nitrogen.
Page: 3

ANIMAL WASTE UTILIZATION PLAN
TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW-N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
------
APPLY
RESID.
APPLIC
METH
I
N
I TIME
TEND
TOTAL 10
Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
In interplanted fields (i.e. small grain, etc, interseeded
in bermudagrass), forage must be removed through grazing,
hay and/or silage. Where grazing, plants should be grazed
when they reach a height of six to nine inches. Cattle
should be removed when plants are grazed to a height of four
inches. In fields where small grain, etc, is to be removed
for hay or silage, care should be exercised not to let small
grain to reach maturity, especially late in the season (i.e.
April or May). Shading may result if small grain gets too
high and this will definitely interfere with stand of
bermudagrass. This loss of stand will result in reduced
yields and less nitrogen being utilized. Rather than
cutting small grain for hay or silage just before heading as
is the normal situation, you are encouraged to cut the small
grain earlier. You may want to consider harvesting hay or
silage two to three times during the season, depending on
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late
September or early October. Drilling is recommended over
broadcasting. Bermudagrass should be grazed or mowed to a
height of about two inches before drilling for best results.
Page: 4

ANIMAL WASTE UTILIZATION PLAN
** Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
C
CORN
BUSHELS
1.25
CO
COTTON
PCLLS
FC
TALL FESCUE -CONTROLLED GRAZED
TONS
50
SG
SMALL GRAIN OVERSEEDED
1.7
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
23.45
4859.736
0
0
23.45
4859.736
* BALANCE
-3249.736
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Page: 5

ANIMAL WASTE UTILIZATION PLAN
*** This number must be less than or equal to 0 in order to fully
utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than the
acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 259 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 1295
pounds of PAN to utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 4.31666666667 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 10.36 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 254 depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the.intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 6

ANIMAL WASTE UTILIZATION PLAN
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application
rates and amounts.
Tract
Field
Soil Type
Crop
Application Rate
(in/hr)
Applic. Amount
(inches)
3062
10
GRITNEY 0-2
FC
0.35
*1.0
3062
11
I GRITNEY 0-2
FC
1-0.35
*1.0
3062
19
GRITNEY 0-2
FC
0.35
*1.0
3062
6
EmA
C
0.50
*1.0
3062
.8
GRITNEY 0-2
FC
0.35
*1.0
3062
6
EmA
CO
0.50
*1.0
3062
-6
EmA
SG
0.50
*1.0 I
I
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days of temporary storage and the
temporary storage must be removed on the average of once every 6.00
months. In no instance should the volume of the waste be stored in
your structure 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.
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
Page: 7

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by
runoff, drift, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited.
2. There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the producer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in cne operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict
the rate of application for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons
per acre per year. Waste may be applied to land that is eroding
at 5 or more tons, but less than 10 tons per acre per year
providing grass filter strips are installed where runoff leaves
the field. (See FOTG Standard 393 -Filter Strip)
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when there is
danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally tilled
cropland. When applied to conservation tilled crops or
grassland, the waste may be broadcast provided the application
does not occur during a season prone to flooding. (See "Weather
and Climate in North Carolina" for guidance.)
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or to
surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order
to control odor or flies.
8. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in such
a manner that the crop is not covered with waste to a depth that
would inhibit growth. The potential for salt damage from animal
waste should also be considered.
Page: 9

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
10. Waste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or forages breaking
dormancy.
11. Any new swine facility sited on or after October 1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennial waters.
(See Standard 393 - Filter Strips).
12. Animal waste shall not be applied closer than 100 feet to
wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over -spraying.
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application site by a
"technical specialist". Animal waste shall not be applied on
grassed waterways that discharges directly into water courses,
and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from
the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into the
animal waste management system.
17. A protective cover of -appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible.
Berms and structures should be inspected regularly for evidence
of erosion, leakage or discharge.
Page: 10

WASTE UTILIZATION PLAN
;,REQUIRED,SPECIFICATZONS
18. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
1.9. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be app.-L.-Led preplanz with no further appli%--a%ivii, cf
animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be managed to
maintain the liquid level between the markers. A marker will
be required to mark the maximum storage volume for waste
storage ponds.
22. Waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at crop sites where waste
products are applied. Nitrogen shall be the rate - determining
element. Zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when these
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be
maintained for five ( 5 ) years.
23. Dead animals will be disposed of in a manner that meets North
Carolina regulations.
Page: 11

ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: HENRY EARL MALE FARM
Owner/Manager Agreement
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality (NCDWQ) before the new
animals are stocked. I (we) also understand that there must be no
discharge of animal waste from this system to surface waters of the
state from a storm event less severe than the 25-year, 24-hour
storm. The approved plan will be filed on -site at the farm office
and at the office of the local Soil and Water Conservation District
and will be available for review by NCDWQ upon request.
Name of Facility Owner: HENRY EARL HALE
(Please print)
Signature: Date:
Name of anager (I differentd f,�6m owner) : � V
Signature: 4 ,j y,,, A4, Date: ^/ay, l f7 Q
Name of Person Preparing Plan: (Please prinr)John Y Clark
A€filiation:NRCS Phone No. 919-583-3481
Address (Agency) : ;?diti'de.: #o
Signature. Date: -ell
Page: 12

ANIMAL WASTE UTILIZATION PLAN
I,
ANIMAL WASTE UTILIZATION AGREEMENT
(Needed only if additional land has to be leased, etc.)
hereby give
permission to apply animal waste from his Waste Utilization System
on acres of my land for the duration of time shown below.
The field(s) on which waste can be applied are shown on the
attached map.
I understand that this waste contains nitrogen, phosphorous,
potassium, and other trace elements and when properly applied
should not harm my land or crops. I also understand that the use
of waste will reduce my need for commercial fertilizer.
Adjacent Landowner:
Waste Producer:
Technical Representative:
SWCD Representative:
Date:
Date:
Date:
Date:
Term of Agreement: 119_ to
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2.)
Page: 13

ANIMAL WASTE UTILIZATION PLAN
STATE OF NORTH CAROLINA
COUNTY OF
I,
Public of said County, do hereby certify that
a Notary
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and official seal this
19
My commission expires
(SEAL)
day of
Notary Public.
Page: 14

ANIMAL WASTE UTILIZATION PLAN
Waste_ Utilization_- Third Partly Receiver Agreement
I, hereby agree to apply waste
generated by in a manner that meets the
Waste Utilization Standard (533), or use an alternative waste
utilization system that has been accepted in writing by the
Division of Water Quality.
Third Party Receiver:
Date:
Term of Agreement: to
(Minimum Ten Years on Cost -Shared Items)
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary
Public of said County, do hereby certify that
, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and official seal this
, 19
My commission expires
(SEAL)
day of
Notary Public.
Page: 15

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State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A&i
E)EF.H.NFZ
Division of Water Quality
August 28, 1997
Mr. Henry Earl Hale
Route 3, Box 27
Enfield, North Carolina 27823
Subject: Notice of Deficiency
Henry Earl Hale Swine Farm
Facility # 42-22
Halifax County
Dear Mr. Hale:
On August 27, 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:
A small amount of wastewater was leaking from a distribution box
located at the rear of the confinement house. This waste had made
its way into the diversion ditch but had not yet reached the
main ditch designed to carry excess rainfall away from your lagoon
area and into the adjacent swamp.
The above matter 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.
38M Barrett Drive, Suite IoI, �`w- FAX [phone]
Raleigh, North Carolina 27609 Cr An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 Wk recycled/1[P/o post -Consumer paper

Mr. Henry Earl Hale
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,
���
Kenneth Schu]DQ
r,P.E.
Regional Supervisor
cc: Halifax County Health Department
Mr. Wayne Short, Fishing Creek Soil and Water
Conservation District (Halifax)
Ms. Margaret O'Keefe, DSWC--RRO
DWQ Compliance Group
RRO Files
NOD\42-22

lQ Routine O Complaint O Follow-up of MVQ inspection O Follow-up of DS1VC review _0 Other
Date of Inspection
Facility Number Z
'i'itue of [nspertioti ©24 hr. (hh:mm)
Total Time in fraction of hours
Farm Status: rC
stored ❑Applied for Permit (cx:t.25 for ! hr IS min)) Spent tan Reviewtified ❑ Permitted or Inspection (includes travel .and processing)
113 Not Operational Date Last Operated: ....................................................................................
' I
Farm Name:_...!!.r...L'..'`Y2C-:...........1.1.'e..........�+.................................................
I r,,
Owner Name:...G':7./.y......�(..�................... I'hnnc No:...........,........,..................................................................
Facility Contact: !�►� ...... title: Phone No ..................................................
%.....................................................
Mailing address:,. f—i P-� ,....... z-3 ..........................
�.....J....... ..e..x........ ...........� ............ e?..................................................
IIt I
Onsite Representative:, �r�?u✓ �' !`!'4�'� M2. l {� Integrator:... .. ...........................................
Certified Operator :.......................... ......................... .... ........................... ............................... Operator Certification Number:.................
Location of Farm:
.................... ............. ............. .................... .......... .................. F
Latitude ' 4 .4 Longitude a 6 O4K
Type of Operation
Swine ::.
Design 1 Current Design Current I}esignTtireent,
Capacity Population Poultry Capacity.: Population Cattle Capacity PnpulataOn
❑ WV Feeder
eeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
... ,... _...... ...... .
❑ Other
Number: of agoon /.Holding Ponds ©'" ❑ Subsurface Drains Present ❑ Lagoon Area[[]Spray Field Area
t-
l �141F1�1 Y
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. It'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? S
d. Does discharge bypass a lagoon sy'stean . (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
4130/97 m ai ntenaaace/i mprove meant?
❑ Yes No
2le's ❑ No
❑ Yes No
❑ Yes , o
< ❑ No
El Yes ltlNo
❑ Yes No
[IYes 1� ""
Continued on back

Facility Number: — ZZ
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes to
7. Did the facility fail to have a certified operator in responsible charge? less 0-hyc--y ❑ Yes ❑ No
8. Are there lagoons or storage ponds on site which need to be properly closed'? ❑ Yes ergo --
Structures (Lagoons and/or Bolding Ponds) ��
9. is storage capacity (freeboard plus storm storage) less than adequate? El Yes 0No
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
� l 7.1..0...�.... �.�o r............ ...........................................................:..................I..................... ....
10. Is seepage observed from any of the structures? ❑ Yes LTNo
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 maintenance/improvement? ❑ Yes ~ LC1 �o
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify D"'Q)
13. Do any of the structures lack adequate minimum or maximum liquid level markers? es ❑ No
Waste Application
14.
Is there physical evidence of over application?
❑ Yes
(If in excess of WMP, or runoffentering waters of the State, notify DWQ)
15.
Crop type �'„�y.r`�..� +t..T.IV'` f/�?.t- �5...".. L,qv! ✓.....
....................
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
El Yes
No
17.
Does the facility have a lack of adequate acreage for land application?
El Yes
tQ No
18.
Does the receiving crop need improvement?
❑ Yes
No
19.
Is there a lack of available waste application equipment?
❑ Yes
ld N
20.
Does facility require a follow-up visit by same agency?
❑ Yes
21.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
No
For Certified Facilities Onl
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ZN
23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yesiio
24. Does record keeping need improvement? ❑ Yes
Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date: Y/ Z 7)
cc. Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97

State of North Carolina
D' partment of Environment,
Hgalth and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. HENRY EARL HALE
HENRY EARL HALE HOG FARM
ROUTE 3 BOX 27
ENFIELD, NC 27823
N?FA
1••
���
oft oft
IDEHNF=1
November 29, 1995
Subject: Notice of Violation # 95-29
Notice of Intent to Revoke Deemed Permit
Henry Earl Hale Hog Farm
Farm Number 42-022
c,Halif 6 _Qounty7 1.
Dear Mr. Hale:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H .0217 Permit.
On July 24, 1995, Mr. Buster Towell of the Raleigh Regional Office conducted an inspection at
your facility that revealed a discharge of animal waste via an emergency spillway from your lagoon
into a tributary to Beaverdam Swamp which is classified as C Sw NSW waters of the Tar -Pamlico
River Basin.
In accordance with the requirements of NCAC 211.0213, you are hereby given notice that sixty
(60) days following your receipt of this letter, the Division of Environmental Management intends
to revoke your permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Submit an approved animal waste management plan and have the attached certification form
completed. One copy of the plan must be sent to your local Soil and Water Conservation
District. The certification form and two (2) copies of your plan must be returned to the address
below:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

+y -:R
Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation
without a permit as required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you will collect, store, treat and
land apply your animal waste in an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, you
should contact your local agricultural agencies such as the Soil and Water Conservation District,
the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension
Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water
Conservation Commission.
If we have not received the requested animal waste management plan and certification within 60
days of receipt of this letter or if there are additional discharges to the surface water a civil penalty
of up to $10,000 may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropiate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Judy
Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at [phone] or
Mr. Shannon Langley at [phone], ext. 581.
Sinc rely, ff�
ate.
�'�J
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: iRegionalrWater_Quality Supervisor
Wayne Short - Halifax County Soil and Water Conservation District
Steve Bennett - Regional Coordinator, NC DSWC
Compliance/Enforcement File
Halifax County Health Department

p-
State of North Carolina G, �':
bepartment of Environment, C
Health and Natural Resource �� ZO° 4
Division of Environmental Manag �t N1
IL
James B. Hunt, Jr., Governor RR��
Jonathan B. Howes, Secretary �E��_ p E H N F1
A. Preston Howard, Jr., P.E., Director
March 18, 1996
MEMORANDUM
TO: Judy -Garrett, Raleigh Regional Water Quality Su—
FROM: Andrew M. Oakley, Environmental Engineer
SUBJECT: Waste Management Plan Review - Henry Hale Farm
Farm Name: Henry Hale Farm
z NOV Number: 95-29
Facility Number: 42-22
Owner: Henry Hale
County: Halifax
As a term of the Intent to Revoke letter, this facility has submitted an animal waste
management plan with certification. I have reviewed the content of this plan to verify that it
conforms with the requirements of NCAC 2H .0217 and current NRCS technical guidance and if
its implementation will ensure adequate protection of water quality. The plan appears adequate, but
this does not preclude the owner from complying with any and all statutes, rules, regulations, or
ordinances which may be imposed by the Division. The ability of this plan to function hinges on
both proper maintenance and operation.
Attached is a copy of the waste management plan for this facility. Please provide
appropriate staff a copy of the plan and this memo. It is understood that a site visit will be required
to confirm both compliance with the terms of the Intent to Revoke letter and the adequacy of the
plan.
If you have any questions about these comments or if I may be of any additional assistance
in this matter please feel free to contact me at 733-5083 extension 533.
cc: Shannon Langley
J. Wayne Short, NRCS
Fishing Creek Soil and Water Conservation District
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

WASTE UTILIZATION PLAN
September 13, 1995
-__
PAGE I
PRODUCER: Henry Earl Hale
LOCATION: RFD 3
Enfield NC
TELEPHONE: [phone]
27844
TYPE OPERATION: Feeder to Finish Swine - ;; ;_<<;i:, ..
NUMBER OF ANIMALS: 700 hogs design capacity
The waste from your animal facility must be land applied at a specified
rate to prevent pollution of surface and/or groundwater. The plant
nutrients in the animal waste should be used to reduce the amount of
commercial fertilizer required for the crops in the fields where waste
is to be applied. This waste utilization plan uses nitrogen as the
limiting nutrient. Waste should be analyzed before each application
cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can
utilize. Soil types are important as they have different infilitration
rates, leaching potentials, cation exchange capacities, and available
water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special pre-
cautions, waste may be applied to land eroding at up to 10 tons per
acre per year. Do not apply waste on saturated soils, when it is
raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM
regulations. Wind conditions should also be considered to avoid drift
and downwind odor problems. To maximize the value of the nutrients
for crop production and to reduce the potential for pollution, the
waste should be applied to a growing crop or applied to bare ground
not more than 30 days prior to planting. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
This plan is based on waste application through irrigation for this
is the manner in which you have chosen to apply your waste. If you
choose to inject the waste in' the future, you need to revise this
plan. Nutrient levels for injecting waste and irrigating waste are
not the same.'
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage require-
ments should be based on the waste analysis report from your waste
management facility. Attached you will find information on proper
sampling techniques, preparation, and transfer of waste samples to
the lab for analysis.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H.0217 adopted by the Environmental
Management Commission.

. WASTE UTILIZATION PLAN PAGE 2
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
700 hogs x 1.9 tons waste/hogs/year = 1330 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
700 hogs x 2.3 lbs PAN/hags/year = 1.610 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW
PER AC
AC
USED
APPLIC.
TIME
3062
8
GRITNEY 0-2o
FC
3.2
160
0
3.14
502.4
SEP-APR
3062 10 GRITNEY 0-2%; FC 3.2 1160 0 16.05 1968
SEP-APR
3062 11 GRITNEY 0-2s FC 3.2 1160 0 12.30 1368
SEP-APR
3062 19 GRITNEY 0-216 FC 3.2 160 0 11.39 1222.4
SEP-APR
TOTAL 2060.8
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirments. Beginning in 1996 the Coastal Zone
Management Act will require farmers in some eastern counties of NC to
have a nutrient management plan that addresses all nutrients. This
plan only addresses Nitrogen.

WASTE UTILIZATION PLAN PAGE 3
TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate
land. See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW
PER AC
AC
USED
APPLIC.
TIME
END
TOTAL 10
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
* Acreage figures may exceed total acreage in fields due to
overseeding.
** lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
LBS N
PER UNIT
FC
TALL FESCUE -CONTROLLED GRAZED
TONS
50

WASTE UTILIZATION PLAN
PAGE 4
TOTALS FROM TABLES 1 AND 2
TABLE 1
TABLE 2
TOTAL
AMOUNT 01
12.88 1 2060.8
12.88
*** BALANCE
1 2060.8
1610
-450.8
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic
land application of sludge at agronomic rates. The sludge will be
nutrient rich and will require precautionary measures to prevent
over application of nutrients or other elements. Your production
facility will produce approximately 259 pounds of plant
available nitrogen (PAN) per year in the sludge that will need to be
removed on a periodic basis. This figure is PAN when broadcasting
the sludge. Please be aware that additional acres of land, as well
special equipment, may be needed when you remove this sludge.
See attached map showing the fields to be used for the utilization of
waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of
the soil at the time of irrigation such that runoff or ponding occurs.
This rate is limited by initial soil moisture content, soil structure,
soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the
soil at the time of irrigation nor should the plant available nitrogen
applied exceed the nitrogen needs of the crop.
Your facility is designed for 180 days of temporary storage
and the temporary storage must be removed on the average of once every
6 months. In no instance should the volume of waste being stored in
your structure be within 1.6 feet of the top of the dike.

WASTE UTILIZATION PLAN PAGE 5
If surface irrigation is the method of land application for this plan,.
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report
for assistance in determining the amount of waste per acre and the proper
application rate prior to applying the waste.
NARRATIVE OF OPERATION: 'ADO A0+lrrc, c7Q err 0-�
c r""-9 6"ecIG woe 4" S r., A

WASTE UTILIZATION PLAN PAGE 6.
Plans and Specifications
1. Animal waste shall not reach surface waters of the state by runoff,
drift, manmade conveyances, direct application, or direct discharge
during operation or land application. Any discharge of waste which
reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division
of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that
the producer either has owns or has long term access to adequate
land to properly dispose of waste. If the producer does not own
adequate land to properly dispose of waste, he shall provide NRCS
with a copy of a written agreement with a landowner who is within
a reasonable proximity, allowing him/her the use of the land for
waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility
to secure an update of the Waste Utilization Plan when there is
a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
Nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climate conditions, and
level of management, unless there are regulations that
restrict the rate of application for other nutrients.
4. Animal waste may be applied to land that has a Resource
Management System (RMS) or an Alternative Conservation System
(ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year and appropriate filter strips
will be used where runoff leaves the field. These filter
strips will be in addition to "Buffers" required by DEM.
(See FOTG Standard 393 - Filter Strips and Standard 390
Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be.applied when the
wind is blowing.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally
tilled cropland. When.applied to conservation tilled crops
or grassland, the waste may be broadcast provided the
application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in
the NRCS Technical Reference - Environment file for guidance.
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or
to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur
in order to control conditions conducive to odor or flies
and to provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in
such a manner that no more than 20 to 25 percent of the leaf
area is covered.

WASTE UTILIZATION PLAN
10. Oaste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils
should be held to a minimum and a suitable winter cover
crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a
crop on bare soil.
11. Animal waste shall not be applied closer than 25 feet to
surface water. This distance may be reduced for waters that
are not perennial provided adequate vegetative filter strips
are present. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other
property and public right -of ways.
15. Animal waste shall not be discharged into surface wasters,
drainageways, or wetlands by discharge or by over -spraying.
Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site
by a "technical specialist". Animal waste should not be
applied on grassed waterways that discharge into water
courses, except when applied at agronomic rates and the
application causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into
the animal waste management system.
17. Lagoons and other uncovered waste containment structures
must maintain a maximum operating level to provide adequate
storage for a 25-year, 24-hour storm event in addition to
one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments,
berms, pipe runs, etc.). If needed, special vegetation
shall be provided for these areas and shall be fenced, as
necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc. are limited to
areas where considered appropriate. Lagoon areas should be
kept mowed and accessible. Lagoon berms and structures
should be inspected regularly for evidence of erosion, leakage
or discharge.
19. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and imple-
menting a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept
on site. _
PAGE 7

WASTE UTILIZATION PLAN
PAGE 8
"TAME OF FARM:
OWNER / MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the ap-
proved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
I (we) understand that I must own or have access to equipment,
primarily irrigation equipment, to land apply the animal waste
described in this waste utilization plan. This equipment must be
available at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25-year 1-day storm event. I also cer-
tify that the waste will be applied on the land according to this
plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACILITY OWNER: Henry Earl Hale
SIGNATURE DATE:
NAME OF MANAGE (if d_ijf5trent from owner):
-�1zyt PI
S IGNATURE : r �0wL.DATE :
NAME OF TECHNICAL SPECIALIST: chuck Pp.rro
AFFILIATION: F�a�;^h C'r[e� �: f -,-9 wadi Cotisp�:ti.
rev�
SIGNATURE:
07a39
7,- 1: s83 -.31a'
TE
I-

September 14, 1995
Kenneth Schuster, P.E.
DEHNR
3800 Barrett Drive, Suite 101
Raleigh, NC 27609
Dear Schuster,
SEP 5�gg 111
CN
NA-L OFF1
On July 24, 1995, Mr. Buster Towell inspected the facility
of Mr. Henry Earl Hale. During the inspection, a small
amount of animal waste was observed by Mr. Towell leaving
the lagoons. At the time of the inspection, a new lagoon had
been completed, however Mr. Hale was waiting for delivery of
the pump to transfer waste from the primary lagoon to the
secondary lagoon. As of this date, the new pump has been
installed and the primary lagoon level is 1 1/2' below the
top of the dam as required. Also, Mr. Hale and the farm
manager have developed a waste plan to apply the waste to
fescue pasture at approved agronomic rates.
The actions taken by Mr. Hale have corrected the discharge
problem and will prevent any further discharges. Mr. Hale
is operating within Natural Resources Conservation Service
guidelines.
Thank you for your time and consideration in this matter.
Sincerely,
Hen Earl ale
Landown r
Wayne hort
District Conservationist
CC: Buster Towell
Jeff Dillard, Halifax Co. Health Dept.
NOTE: Please see attached animal waste management plan.
The manager is out of town, but we will get his sig-
nature and forward the completed copy to you ASAP.

PAGE 1
PRODUCER: Henry Earl. hale
LOCATION: RFD 3
Enfield -NC
TELEPHONE: [phone]
WAS'11UTTLI7.,AIJON PLAN
September 13, 1995
27844
TYPE OPERATTON: Feeder to Finish Swine
NUMBER OF ANIMALS: 700 hogs design capacity
The waste from your animal facility must be land applied at a specified
rate to prevent pollution of surface and/or groundwater. The plant
nutrients in the animal, waste should be used to reduce the amount of
commercial fertilizer required for the crops in the fields where waste
is to be applied. This waste utilization plan uses nitrogen as the
limiting nutrient. Waite should be analyzed before each application
cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can
utilize. Soil types are important as they have different infilitration
rates, leaching potentials, cation exchange capacities, and available
water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special pre-
cautlons, waste may be applied to land eroding at up to 10 tons per
acre per year. Do not apply waste on saturated soils, when it is
raining, or when the surface is frozen. Either of these conditions
may result .in ruHoff to surEac;e watc:r.s which is not allowed under DEM
regulations. Wand conditions should also be considered to avoid drift
and downwind odor problems. To maximize the value of the nutrients
for crop production and to reduce the potential for pollution, the
waste should be applied to a growing crop or applied to bare ground
not more than 30 days prior to planting. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
'111: t; plan is based on waste application through irrigation for this
is the manner in which you have chosen to apply your waste. If you
choose Lo inject the waste id the future, you need to revise this
plan. Nutrient levels for injecting waste and irrigating waste are
not the same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage require-
ments should be based on the waste analysis report from your waste
management facility. Attached you will find information on proper
sampling techniques, preparation, and transfer of waste samples to
the lab for analysis.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H.0217 adopted by the Environmental
Management Commission.

WASTE UTILIZATION PLAN PAGE 2
AMOUNT OF WASTE PROI:?UCED PEIZ YEAR (gallons, f t 3 , tons, etc.)
700 Bogs x 1.9 tons waste/hags/year = 1330 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
700 hogs x 2.3 lbs PAN/hags/year = 1610 lbs. PAN/year
Applying the aboveamount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
L•he crop to be grown, soil type and surface .application.
TABLE 1: ACRES OWNED BY PRODUCER
,SOIL TYi: H & CLASS- CROP
DETERMINING PHASE CODE
3RITNEY 0-2o FC
3.2
NW N
PER AC
COMM N * * * LBS
PER ACRES AW
AC USED
APPLIC.
TIME
0 3414 502.4
SEP-APR
3062 10 GRITNEY 0-2o FC 3.2 1 0 0 16.05 1968
SEP-APR
3062 11 1C7lZITNEY 0-2 o FC J772 1160 0 12.30 1368
1 SEP-APR
1062 i.9 GRI'INEY 0-2 o FC 3.2 1160 0 11.39 1222.4
I� SEP-APR
TOTAL 2060.E
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirments. Beginning in 1996 the Coastal. Zone
Management Act will require farmers in some eastern counties of NC to
have a nutrient management plan that addresses all nutrients. This
plan only addresses Nitrogen.

WASTE UTILIZATION PLAN PAGE 3
TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached. )
(Required only if operator does not own adequate
,Hand. See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS_
CROP
YIELD
LBS
COMM N
**
* LBS
DETI RMINING PHASE
CODE
AW N
PER
ACRES
AW
PER AC
AC
USED
APPLIC.
TIME
END
TOTAL 10
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
* Acreage figures may exceed total acreage in fields due to
overseeding.
** lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N)- supplied.
The following :Legend explains the crop codes used in tables I and 2 above:
CROP CODE
CROP
UNITS
LBS N
PER UNIT
FC
'PALL FESCUE -CONTROLLED GRAZED
TONS
50
K

WASTE UTILIZATION PLAN
PAGE 4
'14TALS FROM TABLES 1 AND 2
TABLE 1
TABLE E 2.
TOTAL
AMOUNT 01
12.88
*** BALANCE
200.8
1 2060.8
I 1610
1 -450.8
*** This number must be less than or equal to 0 in order to
folly utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter stripe along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application gates due to equipment limitations. Actual total
acran in the fields listed may, and most likely will be, more than
the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic
land application of sludge at agronomic rates. The sludge will be
nutrient rich acid will require precautionary measures to prevent
over application of nutrients or other elements. Your production
facility will, produce approximately 259 pounds of plant
available nitrogen (PAN) per year in the sludge that will need to be
removed on a periodic basis. This figure is PAN when broadcasting
the sludge. ]:Tease be aware that additional acres of land, as well
special equipment, may be needed when you remove this sludge.
See attached map showing the fields to be used for the utilization of
waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of
the soil at the time of irrigation such that runoff or ponding occurs.
This rate is limited by initial soil moisture content, soil structure,
soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the
soil at the time of irrigation nor should the plant available nitrogen
applied exceed the nitrogen needs of the crop.
Your facility :is designed for 180 days of temporary storage
and the temporary storage must be removed on the average of once every
6 months. In no instance should the volume of waste being stored in
your structure be within 1.6 feet of the top of the dike.

t
WASTE UTILIZATION PLAN PAGE 5
If surface irrigation is the method of land application for this plan; .
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 7. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report
for assistance in determining the amount of waste per acre and the proper
application rate prior to applying the waste.
NARRATIVE OF OPERATION: "VDU ac,Cf ''yMILI� Werc< rP�-
�(� � .hr.- ., =�"4.Y �5'�'Co^� •VOA c r'Oo p�-s T� ��v L.,c�u-v� 7�c;�
r.
..F

WAS,rE. UT:ILI7AT;ION PLAN
Plans and Specifications
PAGE 6
J.. Animal waste shall not reach surface waters of the state by runoff,
drift, monmade conveyances, direct application, or direct discharge
during operation or land application. Any discharge of waste which
reaches surface water is prohibited. 1llegal discharges are subject
t:o annr nnment of civil pcnal.t:i en of :; 10, (lot) per day by the Division
of Environmental Management for every day the discharge continues.
The Field Office must have documentation in the design folder that
the producer either has owns or has long term access to adequate
land to properly dispose of. waste. If the producer does not own
;►c: oguate land to properly dispose of waste, he shall provide NRCS
with a dopy of a written agreement with a landowner who is within
a reasonable proximity, allowing him/her the use of the land for
waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility
to secure an update of the Waste Utilization Plan when there is
a change in the operation, increase in the number of animals,
i:ic 1-.1 iod nl__ utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
Nitrogen needs for ,realistic crop yields based on soil type,
available moisture, historical data, climate conditions, and
level of management, unless there are regulations that
restrict the rate of application for other nutrients.
4. Animal waste may be applied to land that has a Resource
Management System (RMS) or an Alternative Conservation System
(ACS). If an ACS is used the soil loss shall be no greater
Chan 10 tons per acre per year and appropriate filter strips
will. he used where runoff leaves the field. These filter
stui.ps will be in addition to "Buffers" required by DEM.
(See FO`I'G Standard 393 - Filter Strips and Standard 390
Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when the
wind is blowing.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil .incorporated on conventionally
tilled ed cropland. When applied to conservation tilled crops
or grassland, the waste may be broadcast provided the
application does not occur during a season prone to
flooding. (See "Weather. and Climate in North Carolina" in
the NRCS Technical Reference - Environment file for guidance.
7. Li.qui.d waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or
to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur
in order to control conditions conducive to odor or flies
and to provide uniformity of application.
E3. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in
such a manner that no more than 20 to 25 percent of the leaf
area is covered.

WASTE UTILIZATION PLAN PAGE 7
10. Wante nutrients shall not be applied in fall or winter for
`.pMq 111 0HKO crv: PO OH not In with a high potential for
l.r,Irh r.rirt . W,-rnte nutrient Loading rates on these soils
:. iIr-) ld hrx ha Ld Lu a minimum and a suitable winter cover
crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a
crop on bare soil.
1.1. Animal waste shall not be applied closer than 25 feet to
surface wager.. This distance may be reduced for waters that
are not perennial provided adequate vegetative filter strips
are present. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
1.3. Animal waste shall not be applied closer than 200 ,feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other
property and public right -of ways.
15. Animal waste shall not be discharged into surface wasters,
drainageways, or wetlands by discharge or by over -spraying.
Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site
by a "technical. specialist". Animal waste should not be
applied on grassed waterways that discharge into water
courses. except when applied at agronomic.rates and the
application causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into
the animal waste management system.
17. Lagoons and other uncovered waste containment structures
must maintain a maximum operating level to provide adequate
:storage for a 25-year, 24--hour storm event in addition to
one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments,
berms, pipe runs, etc.). If needed, special vegetation
shall be provided for these areas and shall be Lanced, as
necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc. are limited to
areas whore considered appropriate. Lagoon areas should be
kept wowed and accessible. Lagoon berms and structures
should be inspected regularly for evidence of erosion, leakage
or discharge.
19. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and imple-
menting a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept
on site.

WASTE UTILIZATION PLAN PAGE 8
Whit a ai11;iuV
OWNER / MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the ap-
proved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
I (we) understand that I must own or have access to equipment,
primarily irrigation equipment, to land apply the animal waste
described in this waste utilization plan. This equipment must be
available at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25-year 1-day storm event. I also cer-
tify that the waste will be applied on the land according to this
plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACILITY OWNER: Henry Earl Hale
SIGNATURE• DATE:
NAME OF MANAGE (if different from owner):
please print
SIGNATURE:
DATE:
NAME OF TECHNICAL SPECIALIST: chuck fx?-rra*
AFFILIATION: (?ree-(A
ADDRESS (AGENC ) Po 13ay 8 N�� ,nrC Z7Q�3�1 Te 1 : 5,83 -31 B(
SIGNATURE: DATE:

State of .North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Henry Hale
Henry Earl Hale Farm
Rt 3 Box 27
Enfield NC 27823
SUBJECT: Operator In Charge Designation
Facility: Henry Earl Hale Farm
Facility ID#: 42-22
Halifax County
Dear Mr. Hale:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 9191733-0026.
Sincerely,
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Enclosure
cc: Raleigh Regional Office
Water Quality Files
AW P.O. Box 27687, W ;6
Raleigh, North Carolina 27611-7687 N'W� An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 50% recycled/10% post -consumer paper

Pv,rz"e'd, States
)Qartment of
.trig ture
Natural Resources PO Box 8
Conservation Halifax, NC 27839
Service (919) 583-34BI
FACSIMILE
TRANSMISSION
Date:
/40 Y- ze�17
Sent to: /of.Je
Fax ## • / 11 -� 1 l
��Gy� e17 U
From:
Fax #:
Comments:
# of pages including coversheet:
115�-6aI(8

_;-ed Staten Paturai resources xv nun o
�dpartment of Conaervation Halifax, NC 27839
AgXi,c�ul ure __ _ aarvicQ t 29_ 583 - a 481 , --
January 24, 1996
DEHNR
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Howard,
I am writing to inform you of the condition of the
waste management facilities of the Henry Earl Hale and Ray
Batchelor farms.
Henry, Earl Hale has installed an above ground secondary
wA'• treatment hole with six months storage. He has
seeded grass and pastureland to handle his waste and has a
notarized statement from Mr. Mohesky, the swine operation
manager, that he has an irrigation reel available and will ,
pump the waste on the grassland at approved rates when
proper storage level is reached. The only thing keeping us
from being able to certify Mr. Hale's facility at the
present is the solids in the primary lagoon. Mr. Hale has
already got a contractor lined up to pump his solids out and
get back his original lagoon volume. The weather has been
the hold up with unsuitable wetness for land application of
the agitated solids. As soon as the weather allows the hole
will be cleaned out and we will be able to certify Mr.
Hales:plan.
Mr. Ray Batchelor has sown all his land to approved
42.67 quitenansurplusapproved
land. Heannual
haagrasses
sown and fencedgoutns with
thirty-
five feet buffers along cattle feedlots and one hundred feet
buffers up drains. He has six months lagoon and temporary
storage volume in his swine waste management system and more
than enough land seeded out to apply his waste. He has both
cool and warm season grasses and cover established. Mr.
Batchelor has the irrigation reel and equipment necessary to
apply his waste at the proper time and agronomic rates. He
only has to stabilize a couple of bare and eroding areas
along the back slopes of his lagoon. We have set up
February 7, 1996 to complete his certified waste management
plan. The late date was because of my schedule and not his,
n
i

If you will just bare with us a while longer we will
have both of these operations certified. The delay has been
beyond their control and not from a lack of trying. We are
working closely with them to finish their plans as soon as
possible. .�
Sincerely,
t
Wayne hort
District Conservationist
jws: j

R
September 14, 1995 v SQ
Kenneth Schuster, P.E.
lF�cy
DEHNR
3800 Barrett Drive, Suite 101.
Raleigh, NC 27609 lOF'ri
Dear Schuster,'
On July 24, 1995, Mr. Buster Towell inspected the facility
of Mr. Henry Earl Hale. During the inspection, a small
amount of animal waste was observed by Mr. Towell leaving
the lagoon. At the time of the inspection, a new lagoon had
been completed, however Mr. Hale was waiting for delivery of
the pump to transfer waste from the primary lagoon to the
secondary lagoon. As of this date, the new pump has been
installed and the primary lagoon level is 1 1/2' below the
top of the dam as required. Also, Mr. Hale and the farm
manager have developed a waste plan to apply the waste to
fescue pasture at approved agronomic rates.
The actions taken by Mr. Hale have corrected the discharge
problem and will prevent any further discharges. Mr. Hale
is operating within Natural Resources Conservation Service
guidelines.
Thank you for your time and consideration in this matter.
Sincerely,
C
Henan Earl ale
Landown r
I
CrWayneDistricvationist
CC. 'Buster Towell
Jeff Dillard, Halifax Co. Health Dept.
NOTE: Please see attached animal waste management plan.
The manager is out of town, but we will get his sig-
nature and forward the completed copy to you ASAP.

WASTE UTILIZATION PLAN PAGE 1
September 13, 1995
PRODUCER: Henry Earl Hale
LOCATION: RFD 3
Enfield NC 27844
TELEPHONE: [phone]
TYPE OPERATION: Feeder to Finish Swine
NUMBER OF ANIMALS: 700 hogs design capacity
TLhe waste from your animal facility must be land applied at a specified
rate to prevent pollution of surface and/or groundwater. The plant
nutrients in the animal waste should be used to reduce the amount of
commercial fertilizer required for the crops in the fields where waste
is to be applied. This waste utilization plan uses nitrogen as the
limiting nutrient. Waste should be analyzed before each application
cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can
utilize. Soil types are important as they have different infilitration
rates, leaching potentials, cation exchange capacities, and available
water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special pre-
cautions, waste may be applied to land eroding at up to 10 tons per
acre per year. Do not apply waste on saturated soils, when it is
raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM
regulations. Wind conditions should also be considered to avoid drift
and downwind odor problems. To maximize the value of the nutrients
for crop production and to reduce the potential for pollution, the
waste should be applied to a growing crop or applied to bare ground
not more than 30 days prior to planting. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
This plan is based on waste application through irrigation for this
is the manner in which you have chosen to apply your waste. If you
choose to inject the waste in the future, you need to revise this
plan. Nutrient levels for injecting waste and irrigating waste are
not the same.'
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage require-
ments should be based on the waste analysis report from your waste
management facility. Attached you will find information on proper
sampling techniques, preparation, and transfer of waste samples to
the lab for analysis.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H.0217 adopted by the Environmental
Management Commission.

0
WASTE UTILIZATION PLAN PAGE 2
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
700 hogs x 1.9 tons waste/hogs/year = 1330 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
700 hogs x 2.3 lbs PAN/hogs/year = 1610 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW
PER AC
AC
USED
APPLIC.
TIME
0�2.4 -
3062
8
GR TNEY 0-2
FC
3.2�0
0
3.14
SEP-APR
3062 10 GRITNEY 0-2k FC 3.2 1160 0 16.05 1968
SEP-APR
3062 11 GRITNEY 0-21 FC 3.2 1160 0 12.30 1368
SEP-APR
3062 19 GRITNEY 0-216 FC 3.2 1160 0 11.39 1222.4
SEP-APR
END
TOTAL 2060.8
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirments. Beginning in 1996 the Coastal Zone
Management Act will require farmers in some eastern counties of NC to
have a nutrient management plan that addresses all nutrients. This
plan only addresses Nitrogen.

WASTE UTILIZATION PLAN PAGE 3
TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate
-land. See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW
PER AC
AC
USED
APPLIC.
TIME
END
TOTAL 10
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
* Acreage figures may exceed total acreage in fields due to
overseeding.
** lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
T-:•�! following Legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
LBS N
PER UNIT
FC
TALL FESCUE -CONTROLLED GRAZED
TONS
50

WASTE UTILIZATION PLAN
PAGE 4
TOTALS FROM TABLES 1 AND 2
TABLE 1
TABLE 2
TOTAL
AMOUNT O:
12.88 1. 2060.8
12.88
*** BALANCE
1 2060.8
1610
-450.8
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic
land application of sludge at agronomic rates. The sludge will be
nutrient rich and will require precautionary measures to prevent
over application of nutrients or other elements. Your production
facility will produce approximately 259 pounds of plant
available nitrogen (PAN) per year in the sludge that will need to be
removed on a periodic basis. This figure is PAN when broadcasting
the sludge. Please be aware that additional acres of land, as well
special equipment, may be needed when you remove this sludge.
See attached map showing the fields to be used for the utilization of
waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of
the soil at the time of irrigation such that runoff or ponding occurs.
This rate is limited by initial soil moisture content, soil structure,
soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the
soil at the time of irrigation nor should the plant available nitrogen
applied exceed the nitrogen needs of the crop.
Your facility is designed for 180 days of temporary storage
and the temporary storage must be removed on the average of once every
6 months. In no instance should the volume of waste being stored in
your structure be within 1.6 feet of the top of the dike.

WASTE UTILIZATION PLAN PAGE 5
If surface irrigation is the method of land application for this plan;
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report
for assistance in determining the amount of waste per acre and the proper
application rate prior to applying the waste.
NARRATIVE OF OPERATION: "%0o
SPC c` d -'!�O6 n01i e d- {4e /G�+d .

WASTE UTILIZATION PLAN PAGE 6
Plans and Specifications
Animal waste shall not reach surface waters of the state by runoff,
drift, manmade conveyances, direct application, or direct discharge
during operation or land application. Any discharge of waste which
reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division
of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that
the producer either has owns or has long term access to adequate
land to properly dispose of waste. If the producer does not own
adequate land to properly dispose of waste, he shall provide NRCS
with a copy of a written agreement with a landowner who is within
a reasonable proximity, allowing him/her the use of the land for
waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility
to secure an update of the Waste Utilization Plan when there is
a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
Nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climate conditions, and
level of management, unless there are regulations that
restrict the rate of application for other nutrients.
4. Animal waste may be applied to land that has a Resource
Management System (RMS) or an Alternative Conservation System
(ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year and appropriate filter strips
will be used where runoff leaves the field. These filter
strips will be in addition to "Buffers" required by DEM.
(See FOTG Standard 393 - Filter Strips and Standard 390
Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when the
wind is blowing.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally
tilled cropland. When applied to conservation tilled crops
or grassland, the waste may be broadcast provided the
application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in
the NRCS Technical Reference - Environment file for guidance.
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or
to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur
in order to control conditions conducive to odor or flies
and to provide uniformity of application.
Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in
such a manner that no more than 20 to 25 percent of the leaf
area is covered.

WASTE UTILIZATION PLAN PAGE 7
10. Waste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils
should be held to a minimum and a suitable winter cover
crop planted to take up released nutrients. waste shall
not be applied more than 30 days prior to planting of a
crop on bare soil.
11. Animal waste shall not be applied closer than 25 feet to
surface water. This distance may be reduced for waters that
are not perennial provided adequate vegetative filter strips
are present. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
1.4. Waste shall be applied in a manner not to reach other
property and public right -of ways.
15. Animal waste shall not be discharged into surface wasters,
drainageways, or wetlands by discharge or by over -spraying.
Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site
by a "technical specialist". Animal waste should not be
applied on grassed waterways that discharge into water
courses, except when applied at agronomic rates and the
application causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into
the animal waste management system.
17. Lagoons and other uncovered waste containment structures
must maintain a maximum operating level to provide adequate
storage for a 25-year, 24-hour storm event in addition to
one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments,
berms, pipe runs, etc.). If needed, special vegetation
shall be provided for these areas and shall be fenced, as
necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc. are limited to
areas where considered appropriate. Lagoon areas should be
kept mowed and accessible. Lagoon berms and structures
should be inspected regularly for evidence of erosion, leakage
or discharge.
19. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and imple-
menting a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept
on site.

WASTE UTILIZATION PLAN PAGE 8
NAME OF FARM:
OWNER / MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the ap-
proved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
I (we) understand that I must own or have access to equipment,
primarily irrigation equipment, to land apply the animal waste
described in this waste utilization plan. This equipment must be
available at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25-year 1-day storm event. I also cer-
tify that the waste will be applied on the land according to this
plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACILITY OWNER: Henry Earl. Hale
r
SIGNATURE. DATE:
NAME OF MANAGE (if different from owner):
p ease print
SIGNATURE:
DATE:
NAME OF TECHNICAL SPECIALIST: chuck 'Prnb f�
AFFILIATION• 0,cek so; i "q L.)&,4.5r
ADDRESS (AGENC ) : Po �o* 8 W� f; t" /VC Z 7639 7,J : 5"$ 3 -3 el
SIGNATURE: G DATE: 9-/3-S
i�

O
September 14, 1995
OFF`/ L
Kenneth Schuster, P.E.
99F�/cy s
DEHNR
33800Barrett Drive, Suite 101
Raleigh, NC 27609
c�
Dear Schuster,
On July 24, 1995, Mr. Buster Towell inspected the facility
of Mr. Henry Earl Hale. During the inspection, a small
amount of animal waste was observed by Mr. Towell leaving
the lagoon. At the time of the inspection, a new lagoon had
been completed, however Mr. Hale was waiting for delivery of
the pump to transfer waste from the primary lagoon to the
secondary lagoon. As of this date, the new pump has been
installed and the primary lagoon level is 1 1/2, below the
top of the dam as required. Also, Mr. Hale and the farm
manager have developed a waste plan to apply the waste to
fescue pasture at approved agronomic rates.
The actions taken by Mr. Hale have corrected the discharge
problem and will prevent any further discharges. Mr. Hale
is operating within Natural Resources Conservation Service
guidelines.
Thank you for your time and consideration in this matter.
Sincerely,
Aen.rl ale
Landown r
. Wayne hart
District Conservationist
CC: 'Buster Towell
Jeff Dillard, Halifax Co. Health Dept.
NOTE: Please see attached animal waste management plan.
The manager is out of town, but we will get his sig-
nature and forward the completed copy to you ASAP.

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
CERTIFIED MAIL
ILF.WWA
IDEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 1, 1995
RETURN RECEIPT REQUESTED
Mr. Henry Earl Hale
Route 3, Box 27
Enfield, North Carolina
Dear Mr: Hale:
27323
Subject: Notice of Violation
Henry Earl Hale Swine Farm
Halifax County SR 1205
i
On July 24, 1995, Buster Towell of the Raleigh Regional Office
conducted an inspection of the subject animal operation. This
inspection is a part of the Division's efforts to determine
potential problems associated with liquid waste collection and
disposal systems from confined animal operations.
The inspection revealed a discharge of animal waste from your
lagoon spillway. This waste ran overland and into a ditch that is
an unnamed_ tributary to Beaverdam Swamp in the Tar -Pamlico River
Basin.
The above referenced discharge is a violation of North
Carolina General Statute 143-215.1 (a) which states:
143--215. 1 ( a ) " No person shall do any of the following things
or carry out any of the following activities until or unless
such person shall have applied for and received from the
Commission a permit therefor and shall have complied with such
conditions, if any as are prescribed by such permit.
1. Make any outlets into 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 $10,000 dollars per day,
per violation.
3800 Barrett Drive, Suite 101, Raleigh. North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

Henry Earl Hale
Page 2
In addition to the Notice of Violation, the Raleigh Regional
Office will recommend to the Director that the subject animal
facility lose Deemed Permitted Status. This will require the
immediate development of the' required animal waste management plan.
For assistance with this matter you may contact your local Soil and
Water Conservation District Office or any licensed Professional
Engineer.
Please respond in writing to this Notice no later than
September 21, 1995, outlining your plan to permanently eliminate
the discharge from this facility. You should also seek assistance
in the development of the above referenced waste management plan
and report your achievements thus far.
If you have any questions or -concerns regarding this Notice,
please contact either Mr. Buster Towell or Ms. Judy Garrett at
[phone].
Sincerely,
Lii�"
P.E.
Regional Supervisor
cc: Halifax County Health Department
Fishing Creek Soil and Water Conservation District (Halifax)
Steve Bennett--DSWC, RRO
Central Office Files
.RRO Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
RALEIGH REGIONAL OFFICE
August 11, 1995
M E M O R A N D U M
To: Dianne Williams Wilburn
Supervisor, Facility Assessment Unit
Through: Kenneth Schuster, F.E.
Regional Supervisor
Through: Judy Garrett
Regional Water Quality Supervisor
From: Buster Towell/71
Environmental Technician
Subject: Notice of Violation
Loss of Deemed Permitted Status
Henry Earl Hale Hog Farms
Halifax County
Please find attached a letter for signature concerning the above
referenced swine facility. This facility was visited by DEM staff
on July 24, 1995 and found to be discharging animal waste into an
unnamed tributary to Beaverdam Swamp classified as C Sw NSW waters
within the Tar -Pamlico River Basin.
If you have any questions concerning this facility please contact
Buster Towell at the Raleigh Regional Office.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Henry Earl Hale
Route 3, Box 27
Enfield, North Carolina 27823
Subject: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATION
As Per 15A NCAC 2H. .0217(a)(1)
Henry Earl Hale Hog Farm
Halifax County
Dear Mr, Hale:
LWFWA
A&'47Jr*)A
woo
C)EHNR
Animal Operations in the State have been deemed permitted by
the Division of Environmental Management in accordance with Title
15A of the North Carolina Administrative Code, 2H, Rule .0217. An
individual non discharge permit is not required if certain criteria
are met. A major requirement to be deemed permitted is that there
must not be a discharge of any wastewater from the operation to the
waters of the State.
This letter transmits a Notice of Violation and notification
that your animal operation has been found discharging wastewater to
the surface waters of the State and is therefore no longer deemed
permitted as a nondischarge facility under 15A NCAC 2H .0217.
Therefore the existing wastewater treatment system serving your
animal operation is currently being operated without a permit as
required by North Carolina General Statute 143-215.1.
On July 24, 1995, Mr. Buster Towell of the Raleigh Regional
Office conducted an inspection at your facility that revealed
a discharge of animal waste via an emergency spillway from your
lagoon into a tributary to Beaverdam Swamp which is classified as
C Sw NSW waters of the Tar -Pamlico River Basin.
If you wish to be reconsidered for coverage by the deemed
permitted provision of the Rule, you must: 1) immediately eliminate
the discharge of wastewater;2) make any modifications needed to
ensure there will be no future discharges;3) send in an approved
animal waste management plan by completing the attached
certification form. This form and a copy of your plan must be
returned to:
R0. Box 29535, Rdelgh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Division of Environmental Management
Water Quality Section Planning Branch
P.O. Box 29535
Raleigh, N.C. 27626-0535
Your approved animal waste. management plan must explain how
you will collect,store, treat, and land apply your animal waste to
the land in an environmentally acceptable manner. To assist you in
the development of this plan and to provide the required
certification that the plan is acceptable, you should contact your
local agricultural agencies such as the Soil and Water Conservation
District, the USDA Natural Resource Conservation Service, or the
North Carolina Cooperative Extension Service.
If we have not received the requested certification within 60
days of receipt of this letter or if there are additional
discharges to the surface water, a civil penalty of up to $10,000
may be assessed and you may be required to apply for an individual
non discharge permit from the Division. This permit, if issued,
will contain monitoring and reporting requirements determined to be
necessary by the Division.
If you have any questions concerning this matter please do not
hesitate to contact either Ms. Judy Garrett, Water Quality Regional
Supervisor, of our Raleigh Regional Office at [phone] or Ms.
Dianne Williams Wilburn of our Central Office staff at (919)
733-5083, ext.232.
Sincerely,
•A. Preston Howard, Jr.,P.E.
cc: Regional Water Quality Supervisor
Wayne Short -Halifax Soil and Water Conservation District
Halifax County Health Department
Steve Bennett -Division of Soil and Water Conservation-RRO
Planning Branch
Operations Branch

Inspection Form for Animal Operations
1. Inspection Date: July 24, 1995
2. Regional Office: RRO
3. Name of Owner of Property:
current address: Mr. Henry Earl Hale
Rt. 3, Box 27'
Enfield, North Carolina 27823
4. Name of Operator: same
5. Description of Facility Location: SR 1206 4 miles NW Enfield
6. Date facility began operation: Aprx. 10-15 years old
7. Date of last inspection: unknown
8. Has Facility registered with DEM: Yes
9. Does facility have an approved animal waste plan: NO
10. Has facility received a CAFO Designation: No.
11. Operation type: swine
12. Number of animals: 800 as per registration. 600 topping
currently
13. Length of confinement:. year round
14. Are crops or pasture sustained in normal growing season over
any portion of the facility. Adjacent pasture land available
for land application.
15. Types of Waste Management: containment buildings, solids
collectors, pipes and associated apertures and two lagoons.
16. Description of other animal operation in immediate vicinity:
None

Inspection Form For Animal Operations
Page 2
17. Proximity of facility to neighboring houses, wells etc.:
1/2 mile aprx.
18. Groundwater depth: unknown
19. Proximity of facility to surface waters: 100 feet surface
20. Was an Animal Waste Discharge occurring during the inspection:
yes, attached are photographs.
21. Are Pollutants discharged into waters of the State:
Yes. See attached photos.
22. Was the subject discharge caused by a 25yr/24 hr storm event:
NO.

.r .d— � LEh1 WATER DUALITY SECTION TO
JUL-14-1995 15:2b FROM
PRO P.02/02
Site q i Requires f=rnediate A tn rentin-
Facility No.
r✓ r�l DIVISION OF ENVIRONMENTAL N IANAGEMENT
1� ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: 7— Z__L/ 1995
y'�Time: 0Q� 11
Farm Name/owner- W. rz
Mailing Address: 3 J3 D k 7 7 ^ h, L 'Z "7 Z
Counry-
Integrator. Phone:
On Site Representative: .,_ _ - — - - Phone: -
Physic3l Address/Locatiort:
Type of Operation: Swine Poultry Cattle
Design Capacity: 0 Number of Animals on Site; 00 ? -
DENT Certification Number: ACE DEM Certification Number- ACNEW
Latitude: G ' 3 S L� " Longitude.: 7 7 y 2 e/ Elevation: ------,Feet
Circle Yes. or No
Does the Ananai Waste Lagoon have sufficient freeboard of 1 Fooc + 25 year 24 hour storm event
(approximately l Foot + 7 inches) Yes or 1� Actual Freeboard.: __Q Ft. Inches
Was any seepage observed from the lagoon(s)? IG or No Was any erasion observed? Yes or 1 0
Is adequate land available for spray? �&or No is the cover crop adequate? Jer No
Crop(s) being utilized:
Does the facility meet SCS mfnymam setback criteria' 200 Feet from Dwel
No
100 Feet from Wells?',Y�or No
. e a"Unal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or
x1imal waste land applied or spray irrigated within 25 Feet or a USGS Map Blue Line'? Yes o0
ra animal waste discharged into waters of the state by ;Darr -made ditch, flushing system, or other
,;iTni;ar man-made devices? 2or No if Y -s. Please Explain.
.)t +c5 talc facility maintain adequate waste managernctrt records (volumes of manure, land, applied,
spray .irrigated on specific acreage with cover crop)? Yes or�g
Additional Comments: 1, '
ties 1,d, Vr. D ,P�j
IVnor el. + 4 {,t W i t CG �✓+ w. a, d
Signature
cc: Facility Assessment Unit
Use Attachments if Needed.
TOTAL P. 22

OPERATIONS BRANCH - WO Fax = 919-715--b0 0- Jul 20 ' 95 11:131 P. 04/18
Site Requires Immediate Attention
Faciliry Number'
SITE VISITATION RECORD
DATE. -2 - f 5 ' 1995
Owner: Fc. r / 1z,fe _-- _ Farm Name:
County:—
ggent Visiting Site: Phone:
Operator. Phone:
On Site Representative; , / •�. , E� , _i F �Q'e Phone:
Physical Address.
Mailing Address: - .� _ x -c� r7 - fFn f,/ r� - C. ";179 2! ._
Type of Operation: Swine Pouitry Caine
Design Capacity: f oo _4 Number of Animals on Site: � � �0 4",
Latitude: / , - _0 --:21 Longitude: -?(�, O 1? 6-4 "
Type of Inspection: Ground' �� Aerial
Circic Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 yeah 24 hour storm event
(approximately I Foot + 7 inches) Yes a NOD Actual Freeboard: ;2 Feet 0 Inches
For facilities with more than one lagoon, please address the other lagoons' freeboard under the
cornmrnts section. _
Was any seepage observed from the lagoon(S)Ty s or No Was there erosion of the dam7: Yes oeNo.,
Is adequate land available for land application? (c )or No Is the cover crop adequate? V_Sar No
Additional Comments: `'„�'�nns,^'�� t r-
Q [" r�Y n{�x'� "!'r�,,;;�,[•., ..
— - _ � _ �1 .� n, =emu'_-(3==:� j: _-s.w rt. ,,.,,• C„ ►�
Fax to [phone] SiVature of Agent

0
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,, � I�' .I' 1 f of 7 �'' 'i •�=. _�

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ti

Nutrient Management Plan For Animal Waste Utilization
This plan has been prepared for:
Blue Rose 41
Blue Rose Inc.
Matt Miles
18225 Three Creeks Rd.
Capron, VA 23829
804-834-1215
05-20-2003
This plan has been developed by:°
Laura Gregory
Murphy- Brown- Virgin
P.O. Box 1240
Waverly, VA 23890
804-834-1
Developer Signature
Type of Plan: Nitrogen Only with Manure Only
Owner/Manager/Producer Agreement
I (we) understand and agree to the specifications and the operation and maintenance
procedures established in this nutrient management plan which includes an animal
waste utilization plan for the farm named above. I have read and understand the
Required Specifications concerning animal waste management that are included with
this plan.
Signature (owner) Dat
Signature (manager or producer) Date
This plan meets the minimum standards and specifications of the U.S. Department of
Agriculture - Natural Resources Conservation Service or the standard of practices
adopted by the Soil and Water Conservation Commission.
Plan Approved By: GI 41 01
Technical Specialist Signature Date
133738 Database Version 2.0 Date Printed: 05-20-2003 Cover Page 1

Nutrients applied in accordance with this plan will be supplied from the
following source(s):
Commercial Fertilizer is not included in this plan.
S7
Swine Feeder -Finish Lagoon Liquid waste generated 3,708,000 gals/year
by a 4,000 animal Swine Finishing Lagoon Liquid operation. This
production facility has waste storage capacities of approximately 180 days.
Estimated Pounds of Plant Available Nitrogen Generated per Year
Broadcast
8540
Incorporated
14667
Injected
16152
Irrigated
9283
Actual PAN Applied
(Pounds)
Actual Volume Applied
(Gallons)
Volume Surplus/Deficit
(Gallons)
Year 1
12,681.30
5,065,433
-1,357,433
Year 2
15,363.50
6,136,815
-2,428,815
Note: In source ID, S means standard source, U means user defined source.
133738 Database Version 2.0 Date Printed: 05-20-2003 Source Page I of I

The table shown below provides a summary of the crops or rotations included in this plan for each field.
Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for
each field is shown, where available.
Planned Crops Summary
Tract
Field
Leaching
Index(LI)
Soil Series
Crop Sequence
RYE
1577
12
NIA
Marlboro
Cotton
925lbs.
Small Grain Overseed
1.0 Tons
Corn, Grain
110 bu
1577
7
NIA
Marlboro
Fescue Pasture
4.0 Tons
1578
14
N/A
Emporia
Cotton
825lbs.
Small Grain Overseed
1.0 "Pons
Corn, Grain
110 hu.
15781
15
NIA
Marlboro
Cotton
925lbs,
Small Grain Overseed
1.0 Tons
Corn, Grain
110 bu.
1578
16
NIA
Marlboro
Cotton
925lbs.
Small Grain Overseed
1.0 Tons
Corn, Grain
110 bu.
1578
16A
N/A
Marlboro
Fescue Pasture
4.0 Tons
1578
17
NIA
Marlboro
Hybrid Bermudagrass Hay
6.5 Tons
1578
18
NIA
Goldsboro
Fescue Hay
4.0 Tons
1578
19
NIA
Bonneau
Cotton
700lbs.
Small Grain Overseed
1.0 Tons
Corn, Grain
85 bu.
1578
20
NIA
Bonneau
Cotton
700lbs.
Small Grain Overseed
1.0 Tons
Corn, Grain
85 bu.
15801
30A
NIA
Emporia
Fescue Hay
3.5 Tons
1590
32A
N/A
Emporia
Fescue Hay
3.5 Tons
1580
33A
NIA
Emporia
Fescue Hay
3.5 Tons
1580
36
N/A
Emporia
Cotton
825lbs.
Small Grain Overseed
1.0 Tons
Corn, Grain
110 bu.
1580
36A
NIA
Marlboro
Fescue Hay
4.0 Tons
1580
37
NIA
Marlboro
Cotton
925lbs,
Small Grain Overseed
1 A Tons
Corn, Grain
110 h.,
133738 Database Version 2.0 Date Printed: 05-20-2003 PCS Page l of 2
NOTE: Symbol * means user entered data.

Ll
Potential Leaching
Technical Guidance
Low potential to contribute to soluble
None
< 2
nutrient leaching below the root
zone.
> = 2 &
Moderate potential to contribute to
Nutrient Management (590) should be planned.
< = 10
soluble nutrient leaching below the
Foot zone.
High potential to contribute to
Nutrient Management (590) should be planned. Other conservation practices that improve the
soluble nutrient leaching below the
soils available water holding capacity and improve nutrient use efficiency should be
> 10
root zone.
considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations
(328), Long -Term No -Till (778), and edge -of -field practices such as Filter Strips (393) and
Riparian Forest Buffers (391).
133738 Database Version 2.0 Date Printed: 05-20-2003 PCS Page 2 of 2
NOTE: Symbol * means user entered data.

The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres
of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient
requirements, and proper timing of applications to maximize nutrient uptake.
This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by
manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be
applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and
the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation.
Depending on the requirements of the crop and the nutrient content of the waste, some nutrients will likely be over or under applied if animal waste is
being utilized. Waste should be analyzed before each application cycle and annual soil tests are required if animal waste is being applied. Soil tests
should be used to balance the nutrient application amounts with the realistic yields of the crop to be grown. Nutrient management plans may require that
the application of animal waste be limited so as to prevent over application of phosphorous when excessive levels of this nutrient are detected in a field.
Waste Utilization Table
Year l
Tract
I Field
Source
I.D.
Soil series
Total
Acre
Use.
Acres
Crop
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Req'd
Comm.
Fert.
Nutrient
Applied
Res,
(Ibs/A)
Applic.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid
Manure
Applied
(Field)
N
N
I N
lbs/A
1000
gal/A
Inns
1000 gals
tons
-1577
12
S7
Marlboro
11.10
11.10
Cotton
9251bs.
1 3115-7/31
75
0
0
Irrig.
75
29.96
0
332.54
0.00
--1577
12
S7
Marlboro
11.10
11.10
Small Grain Overseed
1.0 Tons
10/1-3131
50
0
0
brig,.
30
11.98
0
133.01
0.00
-1577
7
S7
Marlboro
2.90
2.90
Fescue Pasture
4.0 Tons
811-7131
133
0
0
Irria.
133
53.13
0
154.06
0.00
-1578
14
S7
Emporia
7.20
7.20
Cotton
8251bs.
3/15-7131
73
0
0
Irria.
73
29.16
01
209.95
0.00
--1578
14
S7
Emporia
7.20
7.20
Small Grain Overseed
1.0 Tons
10/1-3/31
1 50
0
0
Irrig.
1 30
11.98
0
86.28
0.00
--1578
15
S7
Marlboro
15.30
15.30
Cotton
925 tbs.
3/15-7131
75
0
0
Irrip.
75
29.96
0
458.36
0.00
-1378
15
S7
Marlboro
15.30
15.30
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
Irrig.
30
11.98
0
183.34
0.00
--1578
16
S7
Marlboro
10.30
10.30
Cotton
925 lbs.
3/15-7/31
75
0
0
Irria.
75
29.96
0
308.57
0.00
-1578
161
S7
i Marlboro
10.30
10.30
Small Grain Overseed
1.0 Tons
1011-3/31
50
0
0
Irrig.
30
11.98
0
123.43
0.00
�1578
16A
S7
Marlboro
2.60
2.60
Fescue Pasture
4.0 Tons
811-7131
133
0
0
Imp.
133
53.13
0
138.13
0.00
133738 Database Version 2.0 Date Printed: 5/20/03 WiJT Paae 1

VPar 1
Tract
Field
Source
I.D.
I Soil Series
Total
Acre
Use.
Acres
I Crop
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Req'd
Comm.
Fert.
Nutrient
Applied
Res.
(lbs/A)
Applic.
I Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid
Manure
Applied
(Field)
I N
N
N
Ibs1A
1000
gal/A I
tons
1 1000 pals
tons
--1578
17
S7
I Marlboro
5.20
5.20
Hybrid Bermudagass Flay
6.5 Tons
3/1-9/30
289
0
0
Irrig.
289
115.44
0
600.28
0.00
-1578
18
S7
Goldsboro
2.50
2.50
Fescue Hay
4.0 Tons
811-7/31
182
0
0
Irrig.
182
72.70
0
181.75
0.00
--1578
19
S7
Bonneau
2.00
2,00
Cotton
700lbs.
3115-7131
78
0
0
brig.
78
31.16
0
62.31
0.00
-1578
19
S7
Bonneau
2.00
2.00
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
Irrig.
301
11.98
0
23.97
0.00
-15781
20
S7
Bonneau
2.90
2.90
Cotton
700lbs.
3/15-7/31
78
0
0
Irrig.
78
31A6
0
90.35
0.00
-1578
201
S7
113onneau
2.90
2.90
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
brig.
30
11,98
0
34.75
0.00
-1580
30A
S7
Emporia
1.90
1.90
Fescue Hay
3.5 Tons
811-7131
160
0
0
Irrig.
160
63.91
0
121.43
0.00
--1580
32A
S7
Emporia
4.50
4.50
Fescue Hay
3.5 Tons
8/1-7/31
160
0
Of
Irrig.
1601
63.91i
0
287.60
0.00
-1580
33A
S7
Emporia
2.70
2,70
Fescue Hay
3.5 Tons
811-7/31
160
0
0
Irrig.
160
63.91
0
172,56
0.00
--1580
36
S7
Emporia
12.00
12.00
Cotton
825lbs.
3/15-7/31
73
0
0
Irrig.
73
29.16
0
349.91
0.00
-1580
36
S7
Emporia
12.00
12.00
Small Grain Overseed
1.0 Tons
1011-3/31
50
0
0
IrriR,
30
11.98
0
143.80
0.00
--1580
36A
S7
Marlboro
1.90
1.90
Fescue Hay
4.0 Tons
8/1-7/31
178
0
0
Irrig,
178
71.10
0
135.09
0.00
-1580
37
S7
Marlboro
17,50
17.50
Cotton
925lbs.
3/15-7/31
75
0
0
IrriR.
75
29.96
0
524.27
0,00
-1580
37
S7
Marlboro
17.50
17.50
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
Irrig. 1
30
11.98
0
209.71
0.00
Total Applied, 1000 gallons
5,065.43
--- •.
Lagoon Liquids
Total Produced, 1000 gallons
3,708.00`
Balance, 1000 gallons
-1,357.43
''eW-N4-Z'
Total Applied, tons
.,s;T^'
0.00
Manure Solids
Total Produced, tons
ram)' ^ x°»
0.o0
Balance, tons
xY,
lw� � : ;.•
0.00
Notes: 1. In the tract column, symbol -- means leased, otherwise, owned. 2, Svmbol " means user entered data.
133738 Database Version 2.0 Date Printed: 5/20/03 WUT Page 2

Alfavta T 14;l;- ,Minn T�hlc.
Vpar 7.
Tract I
Field
Source
I.D.
I Soil Series
Total
Acre
Use,
Acres
Crop
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Req'd
Comm.
Fert.
Nutrient
Applied
Res.
11bs/A)
Applic.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid
Manure
Applied
(Field)
N
N
N
Ibs/A
1000
gal/A
tons
1000 gals
tons
-1577
12
S7
Marlboro
11.10
11.10
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
Irrig.
20
7.99
0
88.68
0.00
--1577
12
S7
Marlboro
11.10
11.10
Corn, Grain
110 bu.
2115-6/30 i
122
0
0
Irrig.
122i
48.73
0
540.92
0.00
--1577
7
S7
Marlboro
2.90
2.90
Fescue Pasture
4.0 Tons
8/1-7/31
133
0
0
Irrig.
133
53.13
0
154.06
0.00
- 1578
14
S7
Emporia
7.20
7.20
Small Grain Overseed
1.0 Tons
10/1-3/31
50
01
0
IrriR.
20
7.991
0
57.52
0.00
-1578
14
S7
Emporia
7.20
7.20
Corn, Grain
110 bu.
2/15-6/30
125
0
0
Irrig.
125
49.93
0
359,50
0.00
-1578
15
S7
Marlboro
15.30
1530
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
Irrig.
20
7.99
0
122.23
0.00
-1578
15
S7
Marlboro
15.30
15.30
Corn, Grain
110 bu.
2/15-6/30
122
0
0
Irrig.
122
48.73
0
745.60
0.00
-1578
16
S7
Marlboro
10.30
10.30
Small Grain Overseed
1.0 Tons
1011-3131
50
0
0
Irrig.
20
7.99
0
82.28
0.00
-1578
16
S7
Marlboro
10.30
10.30
Corn, Grain
110 bu.
2/15-6/30
122
0
0
Irrig.
122
48.73
0
501.94
0.00
--1578
16A
S7
Marlboro
2.60
2.60
Fescue Pasture
4.0 Tons
8/1-7/31
133
0
0
Irrig,.
133
53.13
0
138.13
0.00
--1578
17
S7
Marlboro
5.20
5.20
Hybrid Bermudagrass Hay
6.5 Tons
3/1-9/30
289
0
0
Irrig,
289
115A4
0
600.28
0.00
-1578
18
S7
Goldsboro
2.50
2.50
Fescue Hay
4.0 Tons
8/1-7/31
182
0
0
Irrig,
182
72.70
0
18L75
0.00
-1578
19
S7
I Bonn.,
2.00
2.00
Small Grain Overseed
1.0 Tons
10/1-3/31
50
0
0
Irrig.
20
7.99
0
15.98
0.00
-1578
20
S7
Bonneau
2.90
2.90
Small Grain Overseed
1.0 Tons
10/1-3/31
5011
0
0
Irrig.
20
7.99
0
23.17
0.00
--1578
20
S7
Bonneau
2.90
2.90
Corn, Grain
85 bu.
2115.6/30
104
0
D
Irrig.
104
41.54
01
120.47
0.00
-1580
30A
S7
Emporia
1.90
1.90
Fescue Hay
3.5 Tons
8/1-7/31
160
0
0
Irrig.
160
63.91
0
121.43
0.00
-1580
32A
S7
jEmporia
4.50
4.50
Fescue Hay
3.5 Tons
8/1-7/31
160
0
0
Irrig.
160
63.91
0
287.60
0.00
-1580
33A
S7
I Emporia
2.70
2.70
Fescue Hay
3.5 Tons
8/1-7/31
160
0
0
Irrig.
160
63.91
0
172.56
0.00
-1580
36
S7
Emporia
12.00
12.00
Small Grain Overseed
1.0 Tons
1011-3/31
50
0
0
Irrig,
20
7.99
0
95.87
0.00
--1580
36
S7
Emporia
12.00
12.00
Com, Grain
110 bu.
2/15.6/30
125
0
0
Irrig.
125
49.93
0
599.16
0.00
-1580
36A
87
Marlboro
1.90
1.90
Fescue Hay
4.0 Tons
8/1-7/31
178
0
0
Irrig.
178
71.10
0
135.09
0.00
-1580
37
S7
Marlboro
17.50
17.50
Small Grain Overseed
1.0 Tons
loll-3131
50
0
0
Irrig.
20
7.99
0
139.80
0.00
133738 Database Version 2.0 Date Printed: 5/20/03 WUT Page 3

Wade 13tiii7atinn Tnbie
Year 2
Comm.
Res.
Manure
Liquid
Solid
Liquid
Solid
Fert.
(lbslA)
PA
Manure
Manure
Manure
Manure
E
Nutrient
Nutrient
Applied
Applied
Applied
Applied
Applied
Applied
(acre)
(acre)
(Field)
(Field)
Source
Total
Use.
ADDlic,
Applic.
1000
Tract
Field
I.D.
Soil Series
Acre
Acres
Crop
RYE
Period
N
N
N
Method
lbs/A
gal/A
tons
1000 gals
tons
—1580
37
S7
Marlboro
17.50
17.50
Corn, Grain
110 bu.
2115-6/30
122
4
0
Irri> .
122
A8.73
0
852,81
0,00
Total Applied, 1000 gallons
6,136.81
Lagoon Liquids
Total Produced, 1000 gallons
3,708.00
Balance, 1000 gal tons
-2,428,81
�. N
Total Applied, tons
�
a:��;:;k
0,00
Manure Solids
Total Produced, tons
0.00
Balance, tons
? .-a 4,
0.00
Notes: 1. In the tract column, symbol — means ]eased, otherwise, owned. 2. Symbol' means user entered data.
133738 Database Version 2.0 Date Printed: 5/20/03 WUT Page 4

The Irrigation Application Factors for each field in this plan are shown in the following table.
Infiltration rate varies with soils. If applying waste nutrients through an irrigation system, you must
apply at a rate that will not result in runoff. This table provides the maximum application rate per
hour that may be applied to each field selected to receive wastewater. It also lists the maximum
application amount that each field may receive in any one application event.
Irrigation Application Factors
"tract
Field
Soil Series
Application Rate
(inches/hour)
Application Amount
(inches)
1577
12
Marlboro
0.40
0.96
1577
7
Marlboro
0.40
0.96
1578
14
Emporia
0.50
0.96
1578
15
Marlboro
0.40
0.96
1578
16
Marlboro
0.40
0.96
1578
16A
Marlboro
0.40
0.96
1578
17
Marlboro
0.40
0.96
1578
18
Goldsboro
0.50
0.96
1578
19
Bonneau
0.60
0.72
1578
20
Bonneau
0.60
0.72
1580
30A
Emporia
0.50
0.96
1580
32A
Emporia
0.50
0.96
1580
33A
Emporia
0.50
0.96
1580
36
Emporia
0.50
0.96
1580
36A
Marlboro
1 0.40
0.96
1580
37
IMarlboro
1 0.401
0.96
133738 Database Version 2.0 Date Printed: 05-20-2003 IAF Page I of 1

The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for
sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen
concentrations for each source, the number of animals in the facility and the plant available nitrogen application
rates shown in the second column.
Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent.
At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases,
the priority nutrient is nitrogen but other nutrients including.phosphorous, copper and zinc can also be limiting.
Since nutrient levels are generally very high, application of sludge must be carefully applied.
Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not
be used for sludge application. If this is not possible, care should be taken not to load effluent application fields
with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to
surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous
levels may also be a concern.
Lagoon Sludge Nitrogen Utilization Table
Crop
Maximum
PA-N Rate
Iblac
Maximum Sludge
Application Rate
1000 gal/ac
Minimum Acres
5 Years Accumulation
Minimum Acres
10 Years Accumulation
Minimum Acres
15 Years Accumulation
Swine Feeder -Finish Lagoon Sludge - Standard
Cam 120 bu
150
13.16
50.15
100-29
150.44
Hay 6 ton R.Y.E.
300
26.32
25.07
50.15
75.22
Soybean 40 bu
160
14.04
47.01
94.02
141,03
133738 Database Version 2.0 Date Printed: 05-20-2003 Sludge Page I of l

The Available Waste Storage Capacity table provides an estimate of the number of days of storage
capacity available at the end of each month of the plan. Available storage capacity is calculated as the
design storage capacity in days minus the number of days of net storage volume accumulated. The
start date is a value entered by the user and is defined as the date prior to applying nutrients to the first
crop in the plan at which storage volume in the lagoon or holding pond is equal to zero.
Available storage capacity should be greater than or equal to zero and less than or equal to the design
storage capacity of the facility. If the available storage capacity is greater than the design storage
capacity, this indicates that the plan calls for the application of nutrients that have not yet
accumulated. If available storage capacity is negative, the estimated volume of accumulated waste
exceeds the design storage volume of the structure. Either of these situations indicates that the
planned application interval in the waste utilization plan is inconsistent with the structure's temporary
storage capacity.
Available Waste Storacre Canacitv
Source Name
Swine Feeder -Finish Lagoon Liquid
Design Stora a Capacity (Days)
Start Date
12101.
180
Plan Year
Month
Available Storage Capacity (Days)
1
1
161
1
2
145
1
3
180
1
4
180
1
5
170
1
6
180
1
7
180
1
8
170
1
9
158
1
10
170
1
11
171
1
12
171
2
1
180
2
2
180
2
3
180
2
4
180
2
5
180
2
6
171
2
7
161
2
8
151
2
9
139
2
10
120
2
II
90
2
12
59
133738 Database Version 2.0 Date Printed: 05-20-2003 Capacity Page 1 of 2

AvnilahlP WnctP Ctnrnae C'.nnarity
Source Name Swine Feeder -Finish La oon Liquid
Design Stora a Ca aci s
Start Date 12/01
180
Plan Year
Month
Available Storage Capacity (Days)
* Available storage Uapacity is caiculatea as of the ena of each month.
133738 Database Version 2.0 Date Printed: 05-20-2003 Capacity Page 2 of 2

Required Specifications For Animal Waste Management
1. Animal waste shall not reach surface waters of the state by runoff, drift,
manmade conveyances, direct application, or direct discharge during
operation or land application. Any discharge of waste that reaches
surface water is prohibited.
2. There must be documentation in the design folder that the producer
either owns or has an agreement for use of adequate land on which to
properly apply the waste. If the producer does not own adequate land to
properly dispose of the waste, he/she shall provide evidence of an
agreement with a landowner, who is within a reasonable proximity,
allowing him/her the use of the land for waste application. It is the
responsibility of the owner of the waste production facility to secure an
update of the Nutrient Management Plan when there is a change in the
operation, increase in the number of animals, method of application,
receiving crop type, or available land.
3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs
for realistic crop yields based upon soil type, available moisture, historical
data, climatic conditions, and level of management, unless there are
regulations that restrict the rate of applications for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons per acre
per year. Waste may be applied to land eroding at more than 5 tons per
acre per year but less than 14 tons per acre per year provided grass filter
strips are installed where runoff leaves the field (see USDA, NRCS Field
Office Technical Guide Standard 393 - Filter Strips).
5. Odors can be reduced by injecting the waste or by disking after waste
application. Waste should not be applied when there is danger of drift
from the land application field.
6. When animal waste is to be applied on acres subject to flooding, waste
will be soil incorporated on conventionally tilled cropland. When waste is
applied to conservation tilled crops or grassland, the waste may be
broadcast provided the application does not occur during a season prone
to flooding (see "Weather and Climate in North Carolina" for guidance).
133738 Database Version 2.0 Date Printed: 5/20/03 Specification Papze 1

7. Liquid waste shall be applied at rates not to exceed the soil infiltration
rate such that runoff does not occur offsite or to surface waters and in a
method which does not cause drift from the site during application. No
ponding should occur in order to control odor and flies.
S. Animal waste shall not be applied to saturated soils, during rainfall
events, or when the soil surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner
that the crop is not covered with waste to a depth that would inhibit
growth. The potential for salt damage from animal waste should also be
considered.
10. Nutrients from waste shall not be applied in fall or winter for spring
planted crops on soils with a high potential for leaching. Waste/nutrient
loading rates on these soils should be held to a minimum and a suitable
winter cover crop planted to take up released nutrients. Waste shall not
be applied more than 30 days prior to planting of the crop or forages
breaking dormancy.
11. Any new swine facility sited on or after October 1,1995 shall comply with
the following; The outer perimeter of the land area onto which waste is
applied from a lagoon that is a component of a swine farm shall be at least
50 feet from any residential property boundary and canal. Animal waste,
other than swine waste from facilities sited on or after October 1,1995,
shall not be applied closer that 25 feet to perennial waters.
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other
than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and
public right-of-ways.
133738 Database Version 2.0 Date Printed: 5/20/03 Specification Page 2

15. Animal waste shall not be discharged into surface waters, drainageways,
or wetlands by a discharge or by over -spraying. Animal waste may be
applied to prior converted cropland provided the fields have been
approved as a land application site by a "technical specialist". Animal
waste shall not be applied on grassed waterways that discharge directly
into water courses, and on other grassed waterways, waste shall be
applied at agronomic rates in a manner that causes no runoff or drift
from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets,
sinks, etc., shall not be discharged into the animal waste management
system.
17. A protective cover of appropriate vegetation will be established on all
disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas
shall be fenced, as necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc., are limited to areas where
considered appropriate. Lagoon areas should be kept mowed and
accessible. Berms and structures should be inspected regularly for
evidence of erosion, leakage, or discharge.
18. if animal production at the facility is to be suspended or terminated, the
owner is responsible for obtaining and implementing a "closure plan"
which will eliminate the possibility of an illegal discharge, pollution, and
erosion.
19. Waste handling structures, piping, pumps, reels, etc., should be inspected
on a regular basis to prevent breakdowns, leaks, and spills. A regular
maintenance checklist should be kept on site.
20. Animal waste can be used in a rotation that includes vegetables and other
crops for direct human consumption. However, if animal waste is used on
crops for direct human consumption, it should only be applied pre -plant
with no further applications of animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and bottom
elevations of the temporary storage (pumping volume) of all waste
treatment lagoons. Pumping shall be managed to maintain the liquid
level between the markers. A marker will be required to mark the
maximum storage volume for waste storage ponds.
133738 Database Version 2.0 Date Printed: 5/20/03 Specification Page 3

22. Waste shall be tested within 60 days of utilization and soil shall be tested
at least annually at crop sites where waste products are applied. Nitrogen
shall be the rate -determining nutrient, unless other restrictions require
waste to be applied based on other nutrients, resulting in a lower
application rate than a nitrogen based rate. Zinc and copper levels in the
soils shall be monitored and alternative crop sites shall be used when
these metals approach excessive levels. pH shall be adjusted and
maintained for optimum crop production. Soil and waste analysis
records shall be kept for a minimum of five years. Poultry dry waste
application records shall be maintained for a minimum of three years.
Waste application records for all other waste shall be maintained for five
(5) years.
23. Dead animals will be disposed of in a manner that meets North Carolina
regulations.
133738 Database Version 2.0 Date Printed: 5/20/03 Specification Page 4

Crop Notes
The following crop note applies to field(s): 12, 15, 16, 37
Corn: CP, Mineral Soil, medium leaching
In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees fahrenheit_
Review the Official Variety "green book" and information from private companies to select a high
yielding variety with the characteristics needed for your area and conditions. Plant 1-2" deep. Plant
populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when
planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at
planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young
plants. An accepted practice is to apply 20-30 lbslacre N and 20-30 lbs/acre phosphorus banded as a
starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40
days after emergence. The total amount of N is dependent on soil type. When including a starter in the
fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at
planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status
of the corn. Timely management of weeds and insects are essential for corn production.
The following crop note applies to field(s): 14, 36
Corn: CP, Mineral Soil, medium leaching
In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees fahrenheit.
Review the Official Variety "green book" and information from private companies to select a high
yielding variety with the characteristics needed for your area and conditions. Plant 1-2" deep. Plant
populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when
planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at
planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young
plants. An accepted practice is to apply 20-30 lbslacre N and 20-30 lbslacre phosphorus banded as a
starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40
days after emergence. The total amount of N is dependent on soil type. When including a starter in the
fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at
planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status
of the corn. Timely management of weeds and insects are essential for corn production.
133738 Database Version 2.0 Date Printed: 05-20-2003 Crop Note Page 1 of 7

The following crop note applies to field(s): 19, 20
Corn: CP, MineraI Soil, medium leaching
In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees fahrenheit.
Review the Official Variety "green book" and information from private companies to select a high
yielding variety with the characteristics needed for your area and conditions. Plant 1-2" deep. Plant
populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when
planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at
planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young
plants. An accepted practice is to apply 20-30 lbs/acre N and 20-301bs/acre phosphorus banded as a
starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40
days after emergence. The total amount of is dependent on soil type. When including a starter in the
fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at
planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status
of the corn. Timely management of weeds and insects are essential for corn production.
The following crop note applies to field(s): 12, 15, 16, 37
Cotton CP: Mineral Soil, medium leachable
In the Coastal Plain, cotton is normally planted from April 15-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Also, apply at least 20 lbs/acre sulfur either at planting or
at sidedressing. Apply 1.0 lb/acre actual boron either at planting or at sidedress; or, foliar apply 1/2
lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other 1/4 lb/acre about 2 weeks later.
The boron needs to be available to the cotton during fruiting. Tissue samples can be analyzed during the
growing season to monitor the nutrient status of the cotton. Timely management of insects, weeds, and
excessive vegetative growth are essential for profitable cotton production.
133738 Database Version 2.0 Date Printed: 05-20-2003 Crop Note Page 2 of 7

The following crop note applies to field(s): 14, 36
Cotton CP: Mineral Soil, medium Ieachable
In the Coastal Plain, cotton is normally planted from April 15-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Also, apply at least 20 lbs/acre sulfur either at planting or
at sidedressing. Apply 1.0 lb/acre actual boron either at planting or at sidedress; or, foliar apply 1/2
lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other 1/4 lb/acre about 2 weeks later.
The boron needs to be available to the cotton during fruiting. Tissue samples can be analyzed during the
growing season to monitor the nutrient status of the cotton. Timely management of insects, weeds, and
excessive vegetative growth are essential for profitable cotton production.
The following crop note applies to field(s): 19, 20
Cotton CP: Mineral Soil, medium leachable
In the Coastal Plain, cotton is normally planted from April l 5-May 5 when warm(above 65 F)
temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting.
Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and
information from private companies to select a high yielding variety with characteristics needed for your
area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1". Adequate depth control is essential.
Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at
planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square.
The total N needed is dependent on soil type. Also, apply at least 20 lbs/acre sulfur either at planting or
at sidedressing. Apply 1.0 lb/acre actual boron either at planting or at sidedress; or, foliar apply 1/2
lb/acre actual boron with 1/4 lb/acre applied at early bloom and the other 1/4 lb/acre about 2 weeks later.
The boron needs to be available to the cotton during fruiting. Tissue samples can be analyzed during the
growing season to monitor the nutrient status of the cotton. Timely management of insects, weeds, and
excessive vegetative growth are essential for profitable cotton production.
133738 Database Version 2.0 Date Printed: 05-20-2003 Crop Note Page 3 of 7

The following crop note applies to field(s): 17
Bermudagrass Coastal Plain, Mineral Soil, Moderately Well Drained.
Adaptation: Well -adapted.
In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3"
deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and
wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a
rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing
conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced 1' to 1.5' in row.
For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus,
potassium and micronutrients to apply prep lant and for annual maintenance. Apply 60 to 100 lb/ac N in
the establishment year in split applications in April and July. For established stands apply 180 to 240
Ib/ac N annually in split applications, usually in April and following the first and second hay cuts.
Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization
of Pastures and Forages in North Carolina for more information or consult your regional agronomist or
extension agent for assistance.
The following crop note applies to field(s): 16A, 7
Fescue: Coastal Plain, Mineral Soil, Moderately Well Drained
Adaptation: Marginal.
In the Coastal Plain, tall fescue can be planted Sept. I to Oct. 15 (best) and Feb. 15 to Mar. 20. For
pure -stand broadcast seedings use 20 to 30 lb/ac., for drilled use 15 to 20 lb/ac. seed. Use certified seed
to avoid introducing weeds or annual ryegrass. Plant seed 0.25" to 0.5" deep for pure stands, 0.25" in
mixture with clovers. Tall fescue requires adequate soil moisture for persistence and production. Soil test.
for preplant and maintenance lime, phosphorus, and potassium recommendations. Apply 40 to 60 Ib/ac
nitrogen at planting for pure stands only. Do not apply N for mixtures with clovers but use proper legume
inoculation techniques. Apply 150 to 200 lb/ac. N to pure -stand fescue for hay production; reduce N rates
by 25% for grazing. Apply N Feb. 1 to Mar. 20 and Aug. 20 to Sept. 30, with equal amounts in each
window. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in
North Carolina for additional information or consult your regional agronomist or extension agent for
assistance.
133738 Database Version 2.0 Date Printed: 05-20-2003 Crop Note Page 4 of 7

The following crop note applies to lield(s): 12, 15, 16, 37
Small Grain: CP, Mineral Soil, medium leachable
In the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from
October 15-November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for
each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable
seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the
initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and
rye at 1-1 1/2 bushels/acre. Plant all these small grains at 1-1 1/2" deep. Adequate depth control is
essential. Review the NCSU Official Variety "green book" and information from private companies to
select a high yielding variety with the characteristics needed for your area and conditions. Apply no more
than 30 lbslacre N at planting. Phosphorus and potash recommended by a soil test can also be applied at
this time. The remaining N should be applied during the months of February -March.
The following crop note applies to feld(s): 14, 36
Small Grain: CP, Mineral Soil, medium leachable
In the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from
October 15-November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for
each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable
seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the
initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and
rye at 1-1 1/2 bushels/acre. Plant all these small grains at 1-1 1/2" deep. Adequate depth control is
essential. Review the NCSU Official Variety "green book" and information from private companies to
select a high yielding variety with the characteristics needed for your area and conditions. Apply no more
than 30 lbslacre N at planting. Phosphorus and potash recommended by a soil test can also be applied at
this time. The remaining N should be applied during the months of February -March.
The following crop note applies to fieid(s): 19, 20
Small Grain: CP, Mineral Soil, medium leachable
In the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from
October 15-November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for
each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable
seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the
initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and
rye at 1-1 1/2 bushelslacre. Plant all these small grains at 1-1 1/2" deep. Adequate depth control is
essential. Review the NCSU Official Variety "green book" and information from private companies to
select a high yielding variety with the characteristics needed for your area and conditions. Apply no more
than 30 lbslacre N at planting. Phosphorus and potash recommended by a soil test can also be applied at
this time. The remaining N should be applied during the months of February -March.
133738 Database Version 2.0 Date Printed: 05-20-2003 Crop Note Page 5 of 7

The following crop note applies to field(s): 30A, 32A, 33A
Fescue: Coastal Plain, Mineral Soil, Moderately Well Drained
Adaptation: Marginal.
In the Coastal Plain, tall fescue can be planted Sept. I to Oct. 15 (best) and Feb. 15 to Mar. 20. For
pure -stand broadcast seedings use 20 to 30 lb/ac., for drilled use 15 to 20 lblac. seed. Use certified seed
to avoid introducing weeds or annual ryegrass. Plant seed 0.25" to 0.5" deep for pure stands, 0.25" in
mixture with clovers. Tall fescue requires adequate soil moisture for persistence and production. Soil test
for preplant and maintenance lime, phosphorus, and potassium recommendations. Apply 40 to 60 lb/ac
nitrogen at planting for pure stands only. Do not apply N for mixtures with clovers but use proper legume
inoculation techniques. Apply 150 to 200 lb/ac. N to pure -stand fescue for hay production; reduce N rates
by 25% to 50% for grazing. Apply N Feb. 1 to Mar. 20 and Aug. 20 to Sept. 30, with equal amounts in
each window. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages
in North Carolina for additional information or consult your regional agronomist or extension agent for
assistance.
133738 Database Version 2.0 Date Printed: 05-20-2003 Crop Note Page 7 of 7

AY-20-03 TUE 01:21 PH FAX NO. P, 01
i,
Flffila'i'x
JD, H e:.tef
From: Laura Gregory
=c,:� J15 571-4718 Pages: 2
Date: 514/03
Blue Rose #1 Plan Rovison
CC;
❑ Uvgent C] for Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
J n.,
Tl,e: followng is thp, lease agreement with Blue Rose #1 and Earl Hale for the acres in tract 1578. 1
ova revised tl.e plan and taken out the CREP acres, but the plan has not left my office. My question
I}UN tO YOU is that James Smith owns tracts 1580 and 1577 but Andrew Hale has the farming lease on
lien,-rn and in ttu-ns applies effluent for Blue Rose on his crops. So do I need another lease agreement
fc, the rest of the acreage and if so who from? James Smith or Andrew Hale?

MAY-20-03 TUE 01:21 EM FAX NO. P. D2
ANIMAL WASTE UTILIZATION AGREEMENT
hereby give
nission o apply animal waste from his Waste Utilization System on � , _ acres
of my land for the duration of time shown below. The field(s) on which waste can be
applied are shown on the attached map.
I undarsrand that this waste contains nitrogen, phosphorous, potassium, and other trace
P-Jaments and when properly applied should not harm my land or crops, -also
AdJ,;cerit Landowner:
D ate:
I1VG,st Producer: �7 �. CE Q'.7 = r% Date:,�>
Technical Representative:
SVIVCD Representative:
Dare. -
Date -
Teim of Agreement: )J�ki 2Q4to _�L,
r
r _ _
`�✓ L-A :

State of North Carolina
Department of Environm
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
HENRY HALE
3125 BEAVER DAM ROAD
EvFIELD NC 27823
Dear Henry Hale:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMt�,AND-NATURAL RESOURCES
j rl �q 0"` March 23 22 01
MAR 2 7 2001 : f
R ~
�iUlu'VA
t OFFlC��
Subject: Notice of Violation and Revocation for Nonpayment
Henry Earl Hale Farm
Permit Number: rAWS420022
Halifax County
to accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 12/13/2000.
Your annual permit fee for the period of 12/13/2000 - 12/12/2001 is S150,00. Your payment was due 3/2/2001.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
Subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
. If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
;Raleigh Regional Office ,
Halifax County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

SEP-13-02 FRI I1:56 AN FAX NO. P. 0?
- PAMMMIW&'� AW
IUCA
re: J.D. Hester
From: Laura Gregory
Fix; 919-571.4718
Pages; 5
Phone;
Data: 9/ 13/02
"w f , Blue, Rose Lease
CC:
C1 Ume"t 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
J,U,,
il was rood seeing you last night- Here is the lease agreement for the Glue Rose L2 facility. Also, the
ciFcial address for Blue Rose is
r Cl;r�ncrs: kb9 Miles and Jack Keane
Fiu blase
71.E /1r'kdreHale Rd:
Liftleton, NC 27650
Call or e-mail me if you have; any questions,
80/1-834,2109, ;[e-mail]

SEP-13-02 FRI 11:56 AN FAX N0,
P 02
FACILITY LEASE AGREEMENT
.
THIS CON'FRACT, made and entered into this ' day of �., by and
between Henry and .IoAnne_ Hale hereinafter referred to as "Lessor" who resides at
3125 11eaverdam Road, Enfield, NC 27823., AND BLUE RUSE INC., a North
Carolina corporation, hereinafter referred to as `Blue Rose, Inc.', of Littleton,
HalifAx County, North Carolina.
WITNESSETH:
That subject to the terms and conditions herein set out, Lessor hereby lets and
[cases unto Blue Rose, Inc. and Blue Rose, Inc, loth accept as tenant of Lessor a
certain hog production facility and the real estate on which it is situated, including
access road, waste lagoon, wells and „ ._ located in
Halifax County.
The terms and conditions of this Lease are as follows.
This Lease shall begin as of the f 2 and unless sooner
terminated as herein provided, shall exist and continue Until the
�Z,,L r ,� Upon the expiration of this Lease and at the option of
Blue Rose, Inc. with written notice to Lessor at least 150 days prior to
expiration, said Lease may he renewed for one additional consecutive three
year period. The terms of payment for that Lease shall be as negotiated by
lire parties, but in no event shall it increase by a percentage greater than the
increase in the Agriculture Production Index between the beginning of the
term of the renewal, Blue hose, Inc. may cancel the agreement upon notice of
150 clays given in writing to Lessor or for interim period if pigs are not
available from supplier.
2. The Lessor may cancel the agreement upon notice of 150 days given in
writing to Blue Dose Inc.
3. Blue Rose, Inc. will pay a monthly rental of $7,90.00 . Said rental shall be due
on or before the 100` of each month,
A. It is further agreed and understood that this agreement includes access to
adjoining Land for the purpose of applying waste generated from the
facilities as required by North Carolina law.

SEP-13-02 FRI 11:56 All FAX M
5. Lessor agrees.during the term of this Lease and any option periods to
provide all Equipment and materials for repair or replacement of facilities
including feed bins, paneling and fencing, gates and doors, flooring, hea(ers,
fans, electrical wiring and controls, water pipes, well pumps, liquid waste
handling system and pumps, and windows. Blue Rose, Iric. at its sole
discretion will determine the methods of repair of replacement.
f,. Lessor agrees during the term, of this Lease and any option periods to
provide labor, equipment and materials for facility structure repair" and
replacement, including but not limited to wells, concrete flooring and slates,
rooks, foundation, load bearing walls and all other maintenance, repairs or
replacements that cannot normally be done at the facility with farm labor
i,e. electric motors, major electrical).
7. To the extent Lessor fails to maintain the facilities as agreed herein, Blue
Rose, Inc. may make the necessary repairs or replacement and withhold such
lease paymcrut as may be necessary for that purpose.
8. 13luue Rose, Inc. will provide labor for operational maintenance and
replacements herein described in paragraph 5, Blue Rose Inc, further agrees
to provide operational materials including light bulbs, fuses, heat lamps and
Fixtures, nipple water, belts, water pipes, switches on feed system any
damages to plumbing or pumps (specifically lagoon pump) caused by neglect
to protect from freezing. All other materials unless explicitly listed are
responsibility of Lessor.
9. Lessor agrees to maintain the grounds surrounding the facilities and waste
management system. Vegetation will be maintained to a height of no more
than eight inches (8").
10. Blue Pose, We. agrees to operate facilities within all laws and regulations -
including disposal of dead animals. Blue Rose, Inc. is responsible for liquid
waste management from lagoon within all laws and regulations of the State
of Novth Carolina. Blue ]lose Inc.. is solely responsible for providing
equipment and personnel for puposes related to liquid waste management.
11. Lessor shall be responsible for all ad valorem taxes on the real property and
improvements and Blue Rose, Inc. shall be responsible for ad valorem taxes
on the livestock. Each party shall maintain adequate insurance on its
respective assets, Blue Rose, Inc. will pay all utilities.
12. It is further agreed that in the event any portion of the facilities including
buildings shall be rendered unusable because of their destruction, acts of
God, acts of Lessor or for any reason they become substandard, the rental
stem shall be reduced on a basis of prorated per square foot for those
portions of (lie facilities which are unusable. This reduction shall begin with
P. 03

SLP-13-02 FRI11 � 56 AN FAX NO. P. 04
the clay they are rendered unusable or substandard and shall continue until
such time as the defects have been properly cured and the facilities made
available to !Blue ]lose, Inc..
13, It is further agreed that Blue Rose, Inc. may add or replace certain
equipment and other improvements apart from those in the original
structure, 'Those items of equipment and improvements may at termination
of (his Lease be removed by Blue Rose, Inc- Blue Rose, Inc. will leave
premises in as good condition as at the term of the Lease, normal wear and
tear excepted.
14. Lessor And his agents have right of entry to do maintenance, repair and
inspections. For hio security entry must be after showering and clean
clothing.
15. Lessor hereby agrees to release and hold harmless Blue Rose, Inc. from any
and every claim or demand which Lessor or any other party may have or
otherwise allege against Blue Rose, Inc. on account of, connected with or
growing out of the performance or lack thereof of the matters provided for in
this Agreement. Lessor shall indemnify Blue Rose, Inc, for each and every
expense incurred in the defense of any action or threat of action against
nonperformance by Lessor or any matters arising out of this Agreement,
16. blue Rose, Inc. agrees to release and hold harmless Lessor from any acts of
its employees or agents which occur by their own negligence of the acts of
God during their operation of the facilities.
17. Any controversy or claim arising out of or related to this Agreement, or any
breach Thereof, which cannot be resolved between the parties within thirty
(30) days following the giving of notice of such controversy or claim by one
party to the other, may be submitted by either patty to final and finding
arbitration in accordance with the rules and regulations then obtaining of the
American Arbitration Association.
18. This agreement shall be binding on the respective heirs, assignees and other
successors in interest of the parties

SEP-13-02 FRI 11:57 AN FAX NO. P. 05
IN TESTIMONY WHEREOF', said parties have executed this contract in duplicate
arigirials, one of which Is retained by each o) he parties, and the day and year fast
;ai)(>ve written.
EAL)
(SF, AL)
Lessor
(Corporate Seel) .�
ATTEST:
President 4
J CG/r'relafy is{/ ✓�

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
September 6, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
enry a e
Henry Earl Hale Farm
Rt 3 Box 27
Enfield NC 27823
Farm Number: 42 - 22
Dear Henry Hale:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANt7 NATURAL RESOURCES
You are hereby notified that Henry Earl Hale Farm, in accordance with G.S: 143-215.1 OC, must apply for coverage
under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days 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 submit 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. Ttie 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 Stephanie Milam at [phone] extension 544 or
Charles Alvarez with the Raleigh Regional Office at [phone].
Sincer ,r
for Kerr T. Stevens
cc: Permit File (w/o encl.)
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

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
Henry Hale
Henry Earl Hale Farm
Rt 3 Box 27
Enfield NC 27823
Dear Henry Hale:
I 1kT?W'J
T 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999
�. F• Gli ly
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number4
{Halifax=Count-P
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, DRY], DRY2, DRY3, SLUR], 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
/A
Kerr T. Stevens, Director
Division of Water Quality
cc: Raleigh Regional Office
Halifax 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