640008_PERMIT FILE_20171231

NURTH UAROLI NA
Department of Environmental Qual

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Type of Visit , 0 Compliance Inspection 0 Operation Review goon Evaluation
Reason for Visit 0 Routine 0 Complaint 0 Follow up 0 Emergency Notification ther ❑ Denied Access
Date of Visit:
Facility Number
FiNF007�1
nal Below Threshold
Li Permitted Li Certified 0 Conditionally Certified Registered Date Last Operated or Above Threshold:
�r t
Farm Name: W 1 ! r i �� kt— County:
Owner Name: ,/ �> Phone No:
Mailing Address: ! 3��� S' �f C 5 d �!�`f IQ `/ ��C 7 �D 7
Facility Contact: Title: Phone No:
Onsite Representative: Integrator: _
Certified Operator:
Location of Farm:
Operator Certification Number:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 0' L « Longitude 0 4 :;
Design
Current
Design Current Design Current
Swine Capacity
Population Pou
Ca aci Population Cattle capacity Po di%lation
❑ Wean to Feeder
Iff Layer
I D e,❑ Dairy
El to Finish
❑ Non -La er
-Pairy
q. El Farrow to Wean
_
` El Farrow to Feeder
❑Other
❑ Farrow to Finish
Total Design. Capacity
❑ Gilts
❑ Boars`
Total SSLW
Number of ns a
❑Subsurface Drains Present ❑ ee
La oon Ar...
❑ Spray Field Area
. ... _. ..._..._ _. ...._ _.. ...
� r 1
Holding Ponds / Solid Traps vManagement
❑ No Li uid Waste S stem
w
Discharges & Stream Impacts
I. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lapoon ❑ 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:
Freeboard (inches):
❑ Yes 21 No
❑ Yes [2fNo
❑ Yes No
❑ Yes VN
El Yes
❑ Yes o
es ❑ No
Structure 6
05103101 Continued

State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Division of Water Quality
March 14, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bissette
13968 S. N.C. 581
Bailey, North Carolina 27807
Subject: Notice of Violation
Bissette Egg Farm
Facility # 64-08
Nash County
Dear Mr. Bissette:
CIO
-, NCDENR
Rm5cuRces
On February 4, 2002, Mr. Buster Towell of the Raleigh Regional Office conducted an
inspection at your facility to evaluate the compliance status of your waste lagoon. The inspection
revealed that your waste lagoon was not overflowing or discharging to waters of the State, but it
had only an estimated 4 inches of available freeboard.Your lagoon is designed to have a
minimum of at least 10 inches of freeboard at all times.
Please note that though your facility is not covered by a General Permit, it is still considered
"Deemed Permitted" under North Carolina General Statute (NCGS) 143-215,1(d) and may be
subject to civil penalties of up to $ 10,000.00 per day, per violation if a discharge did occur.
Upon receipt of this Notice you should immediately begin pumpim1g your lagoon to avoid an
illegal discharge. Please respond to this Notice in writing within fourteen days of your
receipt.Your response should include your plans to bring your waste lagoon back into
compliance with State regulations. If you have any questions regarding this Notice, please
contact Buster Towell at [phone].
St cerely,
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: Nash county Health Department
Mr. Terry Best, Nash SWCD
DWQ Nondischarge Compliance Group
RRO Files
162E Mail Service Center, Raleigh, NC 27699.1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

tate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve W. Tedder, Chairman
Robert L. Sykes
7118 Mecum Road
Spring Hope NC 27882
Dear Mr. Sykes :
LT:!;VA
1:3EH[NJ
R
November 6, 1997
Subject: Operator In Charge Designation
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission
on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996.
This bill required that a properly certified operator be designated as the Operator in Charge for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or
more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste
management system.
The deadline for designating an Operator in Charge for animal waste management systems
involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and
certification program was not yet available for these systems, you were allowed to apply for and
were issued a temporary animal waste management certificate from the Water Pollution Control
System Operators Certification Commission (WPCSOCC). Because you applied for and were
issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an
animal waste management system.
Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate
that you have not obtained a permanent animal waste management system operator certification. If
you intend to remain the Operator in Charge of the facility for which you were designated, you must
obtain a permanent animal waste management system operator certification of the appropriate type
before your temporary certification expires on December 31,. 1997. To obtain a permanent
certification, you must be 18 years of age, complete ten hours of approved training, and pass an
examination. If you do not intend to remain the Operator in Charge, a properly certified animal
waste management system operator must be designated as Operator in Charge of the facility prior to
the expiration of your temporary certification.
This year's final training program for both Type A and Type B animal waste management systems
is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would
like information about this training program, please contact your local cooperative extension agent
or call Dee Ann Cooper at 919/515-6968. For those enrolled in this training and registering with
Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December
11, beginning at 1:00 pm.
Water Pollution Control System Operators Certification Commission
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

In addition to the training and testing at the Hunt Horse Complex, examinations for permanent
certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh
(Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last
opportunity to obtain permanent certification before your temporary certification expires. If you
need additional information or have questions concerning the examinations for certification, please
call Beth Buffington at 919/733-0026. For additional information about other training
opportunities, please contact your local cooperative extension agent or call David Crouse at
919/515-7302.
Sincerely, h�
I����
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cc: Regional Office
Water Quality Files
sharedfolder/beth/animalwaste/tempcertfollowup

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Wilbur L. Bissette
Bissette Egg Farm
13968 S. NC 581
Bailey NC 27807
Dear Wilbur L. Bissette:
ID E=. F=I
July 11, 1997
_ 5 JOIN,
UL i..TRALEIGH
Subject: Removal of Registration
Facility Number 64-8
Nash County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, andtherefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultrywith a liquid waste system
30.000
.J
If you have questions regarding this letter or the status of your operation please. call Sue Homewood of our staff
at [phone] ext 502.
r�
cc:- Raleigli Water Quality Regional Ofi%
Nash Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
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
t

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
E3EF_HNF;Z
DIVISION OF WATER QUALITY
June 9, 1997
Mr. Wilbur Bissette
13968 South Hwy. 581
Bailey, North Carolina 27807
Subject:Compliance Evaluation Inspection
Facility # 64-08
Bissette Egg Farm
Nash County
Dear Mr. Bissette:
On June 5, 1997, 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 your animal operation was not
discharging wastewater into waters of the State and that the
waste lagoon had the required amount of freeboard. As a result of
the inspection the facility was found to be in compliance with the
State's animal nondischarge regulations.
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.
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 Garrett
Water Quality Section Supervisor
cc: Mr. Patrick Rogers, Nash County Health Department
Mr. Terry Best, Nash Soil and Water
Conservation District
Ms. Margaret O'Keefe, DSWC --- RRO
DWQ Compliance Group
RRO Files
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 NOI An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/10% post -consumer paper

Facility Number
Farm Status: egistered ❑ Applied for Permit
❑❑ C❑Permitted
of Operational Date Last Operated: .
Date of Inspection
Time of Inspection
24 hr. (hh:mm)
Total Time (in fraction of hours
(ex:1.25 for I hr 15 min)) Spent on Review
or Inspection (includes travel and Drocessinol
Farm Name:. fJ. �J e.t�. 6 Coun
Land Owner Name: �(�.l,_( GL!r...... l3_,SSe �� C._......._........................ Phone No:..._..l.�.l...... 5 _1..9. f!•..........
Facility Conetact:............. /SfJ1.. h._�. ........................................... Title:.... �...................... Phone No: ... :5:4, e-...............................
Mailing Address: ...............6...
...:...S
�f ��f `r?'Y....H
Onsite Representative:w"......f...................................... .Integrator: ........... :Y
......................_._...............................................................
Certified Operator:
Location of Farm:
Latitude
of Operation and
to
Other
Operator Certification Number:
Ail. /e S. o F
Longitude
L
tvuni r Lagoo s ! Hold(ngtPonds I 1 Imo`" -�I_I Subsurface Drains Present I
_ z
r
s
"" ❑ La oon Area Spray t
g � ❑ S ra Field Area
General
I. Are there any buffers that need maintenance/improvement? ❑ Yes 0 No
2. Is any discharge observed from any part of the operation? ❑ Yes Eko
Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other �,�
a. If discharge is observed, was the conveyance man-made? ❑ Yes B- oo
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes l2'96
c. If discharge is observed, what is the estimated flow in gaVmin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ErNo
3. Is there evidence of past discharge from any part of the operation? ❑ Yes No ,
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes :�O
o0_/'5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes
maintenance/improvement?
4/30/97 Continued on back

Facility'Namber:.. .. —....„
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
, ,
0<0
7.
Did the facility fail to have a certified operator in responsible charge?
❑ Yes
❑ No
8.
Are there lagoons or storage ponds on site which need to be properly closed?
es [:]No
Structur"jagogns
andjpr HQj1ing Pondi)
9.
Is storage capacity (freeboard plus storm storage) less than adequate?
❑ Yes
No
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Structure
6
10.
Is seepage observed from any of the structures?
❑ Yes
LSlvo
11.
Is erosion, or any other threats to the integrity of any of the structures observed?
❑ Yes
�IdNo
12.
Do any of the structures need maintenance/improvement?
❑ Yes
0No
(If any of questions 4-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
Yes
❑ No
3YaEte
Application
14.
Is there physical evidence of over application?
❑ Yes
0
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
Crop type........................................................................................................................................................................................
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan AWMP)?
y
❑ Yes
❑ No
17.
Does the facility have a lack.of adequate acreage for land application?
❑ Yes
No
18.
Does the receiving crop need improvement?
❑ Yes
,❑ —'
No
19.
Is there a lack of available waste application equipment?
❑ Yes
OIN
N66
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
ON__O
Facilities
22.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
[:]Yes
❑ No
23.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
24.
Does record keeping need improvement?
❑ Yes
❑ No
Comments {refer to ;question,'#) � Ezplam any YES answers"and/or any recommendations or any other comments
Use draw�ngs:of facility to better explain situattons` (use additional pages as necessary}
r-Ao-f 1.4%. (.twJ b4 111y d 4,"q?(41 � y ��Lts-viG/�A C. ICOgr✓t I",e 4..rfo y�e �179S' 4
�n A- .% �G,n f-h , J F 4c. / y F/1��.- AFJ i9 "f fj-e _ 646 0-0-1
h igls ►� d ¢ �{ C i=. �c6 /,C n K n �r�/ n tf f l-� s d e c ` F /rr2. !f • fJ c- fif
i% ! rF� s ►� C 1� �- �9�Uw` 0 �� cam- n D '� .
ReviewertInspector Name?rowlt
Reviewer/Inspector Signature:
Date:
cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97

r
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Wilber Bissette
Route 1 Box 49
Bailey, NC 27807
Dear Mr. Bissette:
e
IDE+iR�
DIVISION OF WATER QUALITY 11O� ��,
July 29, 1996 \o`'����
This correspondence is to notify you of a typographical error in
the letter dated July 25, 1996. The date in the first paragraph of
that letter should have been July 18, 1996. Please find enclosed a
corrected copy of the letter.
If you have any questions please call Mr. Kirk Stafford at 919-
571-4700.
Sincerely,
J dy Garrett
Regional Water Quality -Supervisor
cc: Nash County Health Department
Nash County Soil and Water Conservation District
'Facilities Assessment Unit
h:\animal\bissette.ins
3800 Barrett Drive, Suite 101, owl FAX [phone]
Raleigh, North Carolina 27609 N%fC An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/100/. post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Wilber Bissette
Route 1 Box 49
Bailey, NC 27807
DEHNR
DIVISION OF WATER QUALITY
July 25, 1996
Subject: Management Deficiency Notification
Bissette Egg Farm
Facility No. 64-008
Nash County
Dear Mr. Bissette:
On July 18, 1996, Mr. Kirk Stafford and Mr. Steve Mitchell
from this office conducted a compliance inspection of your poultry
facility. This inspection is a part of the Division's efforts to
determine potential problems associated with waste disposal
systems.
The following item requires action to prevent possible
environmental impacts:
1. The waste lagoon has eight inches of freeboard.The
freeboard must be at least nineteen inches to provide emergency
storage and prevent an illegal discharge to the waters of the
State. Said illegal discharges to the waters of the State are
subject to civil penalties of up to $10,000 per day. In addition,
the lagoon dam needs to be mowed on a regular basis to facilitate
inspection of the dam.
In addition to continued waste facility management, this
deficiency must be immediately addressed to help prevent the
possibility of illegal discharges to surface waters. The Raleigh
Regional Office will require a written response to the above item
by August 8, 1996. Please specifically address how this item will
be corrected and when all corrective measures will be completed.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facility operators. The Division of
Water Quality is required to.enforce water quality regulations in
order to protect the natural resources of the State.
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 Nif C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 500% recycled/10% post -consumer paper

Mr. Bissette
July 19, 1996
Page 2
This office also reminds you that, if not already
accomplished, an approved animal waste management plan must be
incorporated by December 1997. This plan must be certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists or assistance with your
waste management plan you should contact your local Soil and water
Conservation District.
This office appreciates your cooperation in this matter. If
you have any questions regarding your inspection please call Mr.
Stafford at 919-571-4700.
Sincerely,
Kenneth Schuster, P. E.
Regional Supervisor
cc: Nash County Health Department
Nash County Soil and water Conservation District
Facilities Assessment Unit
h:\animal\bissette.ins

State of North Carolina
Department of Environment,
Health and Natural Resources + •
pri
.fames B. Hunt, Jr„ Governor AMINO
� H H N R
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
Wilbur L. Bissette
Bissette Egg Farm
13968 S. NC 581
Bailey NC 27807
Subject: Operator In Charge Designation
Facility: Bissette Egg Farm
Facility ID #: 64-8
Nash County
Dear Mr. Bissette:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Bang Huneycutt at 919/733-0026.
Sincerely,
FOR
Steve W. Tedder
Enclosures
cc: Raleigh Regional Office
Water Quality Files VMT
Water Polluflon Control System RM I V Volce 919-733-0026 FAX [phone]
Operators Certificcrilon Commission 1VMVC An Equal Opportunity/Affirmative Acflon Employer
P.O. Box 29535 Raleigh, NC 27626-0535 5(Y% recycled/10% post -consumer paper

State of North Carolina
Department of Environment, M?W'J
Health and Natural Resources &14fo ,
vf'A
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary IDEF.HNF;Z
Steve W. Tedder, Chairman December 5,1996
Scott Braswell
Spring Hope Poultry Inc
PO Box 669
Nashville NC 27856
Subject: Operator In Charge Designation
Facility: Spring Hope Poultry Inc
Facility ID #: 64-10
Nash County
Dear Mr. Braswell:
Senate Bill I217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997, The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 91gn33-0026.
Sincerely,
FOR Steve/.T=eddff
Enclosures
cc: Raleigh Regional Office
Water Quality Files
41*
Water Pollution Control System Voice 919-733-0026 FAX [phone]
Operators Certification Commission NNW An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Prestorr Howard, Jr., P.E:, Director
October 1, 1996
MR WILBUR BISSETTE
WILBUR BISSETTE LAYER OPERATION
ROUTE 1 BOX 49
BAILEY NC 27807
SUBJECT: Request for Payment for Civil Penalty
Wilbur Bissette Layer Operation
File No. CD 96-01
Nash County - _
Dear Mr. B issette
This is to acknowledge receipt of your check No.4333 in the amount of $161.67
received from the Wilbur Bissette Layer Operation.
This is the second of six scheduled payments as agreed to by the Division and the
Wilbur Bissette Layer Operation. Payment of these penalties in no way precludes further
enforcement action- for additional violations of environmental law, -
If you have any questions concerning this matter, please call Shannon Langley at
[phone], ext: 581 or me at [phone], ext:233.
OCR 2 4996
nrkNR RALEiGH REGIONAL Of�GE-
RLS/bc
_ cc: Regional Office
Enforcement/Compliance File
Central File
Sincerely,
�W' Z f,14,
Robert L. Sledge, Supervisor
Compliance Group
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

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Wilber Bissette
Route 1 Box 49
Bailey, NC 27807
Dear Mr. Bissette:
e��
IDEHNR
DIVISION OF WATER QUALITY
July 29, 1996
This correspondence is to notify you of a typographical error in
the letter dated July 25, 1996. The date in the first paragraph of
that letter should have been July 18, 1996. Please find enclosed a
corrected copy of the letter.
If you have any questions please call Mr. Kirk Stafford at 919-
571-4700.
Sincerely,
J dy Garrett
Regional Water Quality Supervisor
cc: Nash County Health Department
Nash County Soil and Water Conservation District
Facilities Assessment Unit
h:\animal\bissette.ins
3800 Barrett Drive, Suite 101, 4�' FAX [phone]
Raleigh, North Carolina 27609 N%4w An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 500% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Wilber Bissette
Route 1 Box 49
Bailey, NC 27807
IDEHNR
DIVISION OF WATER QUALITY
July 25, 1996
Subject: Management Deficiency Notification
Bissette Egg Farm
Facility No. 64-008
Nash County
Dear Mr. Bissette:
On July 18, 1996, Mr. Kirk Stafford and Mr. Steve Mitchell
from this office conducted a compliance inspection of your poultry
facility. This inspection is a part of the Division's efforts to
determine potential problems associated with waste disposal
systems.
The following item requires action to prevent possible
environmental impacts:
1. The waste lagoon has eight inches of freeboard.The
freeboard must be at least nineteen inches to provide emergency
storage and prevent an illegal discharge to the waters of the
State. Said illegal discharges to the waters of the State are
subject to civil penalties of up to $10,000 per day. In addition,
the lagoon dam needs to be mowed on a regular basis to facilitate
inspection of the dam.
In addition to continued waste facility management, this
deficiency must be immediately addressed to help prevent the
possibility of illegal discharges to surface waters. The Raleigh
Regional Office will require a written response to the above item
by August 8, 1996. Please specifically address how this item will
be corrected and when all corrective measures will be completed.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facility operators. The Division of
Water Quality is required to enforce water quality regulations in
order to protect the natural resources of the State.
3800 Barrett Drive, Suite 101, � FAX [phone]
Raleigh, North Carolina 27609 N 4W C An Equal Opportunity AfPlrmative Action Employer
Voice 919-571-4700 50% recycled/10% post -consumer paper

Mr. Bissette
July 19, 1995
Page 2
This office also reminds you that, if not already
accomplished, an approved animal waste management plan must be
incorporated by December 1997. This plan must be certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists or assistance with your
waste management plan you should contact your local Soil and Water
Conservation District.
This office appreciates your cooperation in this matter. If
you have any questions regarding your inspection please call Mr.
Stafford at 919-571-4700.
Sincerely,
Kenneth Schuster, P. E.
Regional Supervisor
cc: Nash County Health Department
Nash County Soil and Water Conservation District
Facilities Assessment Unit
h:\animal\bissette.ins

State of North Carolio
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonaihap B. Howes, Secretary
Wilber Bissette
Route 1 Box 49
Bailey, NC 27807
r 0
ib A
IDEHNFZ
DIVISION OF WATER QUALITY
July 25, 1996
Subject: Management Deficiency Notification
Bissette Egg Farm
Facility No. 64-008
Nash County
Dear Mr. Bissette:
On July 18 1995 Mr. Kirk Stafford from this office conducted
a compliance ins on of your poultry facility. This inspection
is a part of the Division's efforts to determine potential problems
associated with waste disposal systems.
The following item requires action to prevent possible
environmental impacts:
1. The waste lagoon has eight inches of freeboard.The
freeboard must be at least nineteen inches to provide emergency
storage and prevent an illegal discharge to the waters of the
State. Said illegal discharges to the waters of the State are
subject to civil penalties of up to $10,000 per day. In addition,
the lagoon dam needs to be mowed on a regular basis to facilitate
inspection of the dam.
In addition to continued waste facility management, this
deficiency must be immediately addressed to help prevent the
possibility of illegal discharges to surface waters. The Raleigh
Regional Office will require a written response to the above item
by August 8, 1996. Please specifically address how this item will
be corrected and when all corrective measures will be completed.
Effective wastewater treatment and facility stewardship are a
responsibility of all animal facility operators. The Division of
Water Quality is required to enforce water quality regulations in
order to protect the natural resources of the -State.
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 NV ff C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/10% post -consumer paper

•
Mr. Bissette
July 19, 1996
Page 2
its office also reminds you that, if not already
accomplished, an approved animal waste management plan must be
incorporated by December 1997. This plan must be certified by a
designated technical specialist or a professional engineer. For a
listing of certified technical specialists or assistance with your
waste management plan you should contact your local Soil and Water
Conservation District.
This office appreciates your cooperation in this matter. If
you have any questions regarding your inspection please call Mr.
Stafford at 919-571-4700.
Sincerely,
Kenneth Schuster, P. E.
Regional Supervisor
cc: Nash County Health Department
Nash County Soil and Water Conservation District
Facilities Assessment Unit
h:\animal\bissette.ins

Facilinv Number:�kT-9
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date:1�&gj
Time: --A = k 5 Qn'`
General Information:
Farm Name: �_�- i4u Cz �—_A2rr3 _County: (A
Owner Name: W1 1. (O u 2 t� �� Phone No: ( 35 — Lf
On Site Representative: 4� A-yn q- Integrator:
Mailing Address: P7C -IRD X 449__.
Physical
Latitude: I 1 Longitude: I 1
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Tie of Poultry No. of Animals Type of Cattle No. of Animals
0 Sow 0 Layer L� D a �3 Dairy
❑ Nursery ❑ Non -Layer ❑ Beef
0 Feeder
OtherType of Livestock.- Number of Animals:
Number of Lagoons:_ (include in the Drawings and Observations the freeboard of each lagoon)
Facility Inspection:
Lagoon
Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: Yes No ❑
Is see Pa e observed from the lag oon?: Yes ❑ Nog
Is erosion observed?: Yes ❑ No
Is any discharge observed? Yes ❑ No
0 Man-made 0 Not Man-made
Cover Crop
Does the facility need more acreage for spraying?: Yes ❑ No 5�/
Does the cover crop need improvement?: > yr rl CLe 1,,M -�:5,vA, p D Yes ❑ No ❑
( list the crops which need improvement ��-��t1•L �j ��`'
Crop type: 4 Acreage:.
Setback Criteria
Is a dwelling located within 200 feet of waste application? Yes ❑ No
Is a well located within 100 feet of waste application? Yes ❑ No
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes ❑ No /
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ No
AO[ -- January 17,1996

Maintenance
Does the facility maintenance need improvement? A 60g) & ` Z rtZYes Q/ No ❑
Is there evidence of past discharge from any part of the operati''oEE�n? ob� Yes �NO-K,
Does record keeping need improvement? fz® CL aT Yes ❑ No
Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes ❑ No
0 OT "A D,j O'V
Explain any Yes answers: $ r2 M Al-
19r S `tea ►1�Q _�1.
Al0 = /'3 .
GC:: U/Lli
Drawings or� Observations:
■ R.
Use Attachments if Needed
AOL -- January 17,1996

r
1
WASTE UTILIZATION PLAN
April 8,, 1996
PAGE 1
PRODUCER: WILBUR BISSETTE
LOCATION: ROUTE 1 BOX 49
BAILEY NC 27807
TELEPHONE: [phone]
TYPE OPERATION: Hens (Whole House)
NUMBER OF ANIMALS: 100wa hens design capacity
RECEIVED
APR 19 1996
FACILITIES ASSESSMENT UNIT
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 mSre 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.
S k < 1 b nI %3'�' ke r— L-t J-- (-I I I S

,
WASTE UTILIZATION PLAN PAGE 2
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
60.000 .0 YV 4LI60 -A4
100 hens x .017 tons waste/hens/year = �7-tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
100 hens x 84 lbs PAN/hens/year = 8400 lbs. PAN/year 2
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 N
PER AC
AC
USED
APPLIC.
TIME
9 . 0
- 920
24
1
OTHAN 2-516
BH
300
0
16.4
1
MAR-OCT
24 1 SG 1 150 0 116.4 1820
OCT-FEB
LY !r LV 1 r1t�LV 4— �'a Dil I V. V I J V V I V 11 . G I _J 0 U'J MAR-OCT
24 2 SG 1 i150 0 11.2 560
OCT-FEB
TOTAL .9660
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 N
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. ,
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 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 the 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.
** 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.

WASTE UTILIZATION PLAN PAGE 4
The following legend explains the crop codes used in tables 1 and 2 above:
LBS N
CROP CODE
CROP
UNITS
PER UNIT
50
BH
HYBRID BERMUDAGRASS-HAY
TONS
SG
SMALL GRAIN OVERSEEDED
AC
50
TABLE 1
TABLE 2
TOTAL
AMOUNT 0
TOTALS FROM TABLES 1 AND 2
55.2 1 9660
55.2
*** BALANCE
1 9660
8400
-1260
*** 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 0 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.

WASTE UTILIZATION PLAN PAGE 5
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 90 days of temporary storage
and the temporary storage must be removed on the average of once every
3 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.
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: 9,4gs i5 ��dv.+r�G.Q c-oy—

WASTE UTILIZATION PLAN
Plans and Specifications
PAGE 5
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.
5. 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 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.
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.

WASTE UTILIZATION PLAN PAGE 8
NAME OF FARM: WILBUR BISSTTE
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
waste treatment and storage system or construction of new facilities
will require a new certification to be submitted to the Division of
Environmental Management (DEM) 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 DEM upon request.
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: WILBUR BISSETTE
SIGNATURE :/� DATE: 7— y
NAME OF MANAGER (if different from owner):
p ease p-r
We��WPjMg
DATE:
NAME OF TECHNICAL SPECIALIST: Shelton C. Baker
AFFILIATION: USDA Natural Resources Conservation Service
ADDRESS (AGENCY): Room 107 Ag Center Drive
Nashville NC 27855
SIGNATURE: DATE:

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0.40" 0.50" MIXED HAY 4 1.30" 2

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State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
— muftw000pm
EDEHNR
RALEIGH REGIONAL OFFICE
October 13, 1995
CERTIFIED MAIL
RETURN RE_CEIP_T REQUESTED
Mr. Wilbur Bissette
Rt. 1, Box 49
Bailey, N.C. 27807
Subject: Notice of Violation
Notice of Recommendation for Enforcement
Poultry Operation
Hwy 581
Nash County
Dear Mr. Bissette:
On October 10, 1995 Mr. Danny Smith and Mr. Eric Fleek 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 disposal systems.
The inspectors noted that your lagoon had little freeboard,
less than 3 inches in many areas. This problem must receive prompt
attention in order to prevent a future discharges or a possible
lagoon breach. A properly functioning lagoon should have at least
19 inches of freeboard.
Further, erosion of fill material previously placed on your
lagoon's emergency spillway was also observed. This is a very
serious and potentially dangerous situation which must be corrected
immediately. Mr. Smith alerted the RRO's Land Resources Supervisor
Mr. John Holley of the problems with your lagoon. As a result, Mr.
Holley and Mr. Smith returned to the facility on October 11, 1995
and discussed the following points with you:
1) In order to prevent a possible significant discharge of
wastewater you need to immediately reduce the level of water
in your lagoon. This wastewater should be properly land
applied on to your existing cover crops, at a rate that does
not lead to wastewater running off your application fields.
2) You should fix the eroded spillway area on the slope of
your lagoon berm. John Holley will send additional
correspondence addressing this matter.
3) Also, Mr. Smith recommends that you contact your local Soil
and Water Conservation District for technical support prior to
3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone [phone]' FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Irtti�rrrljijrtIE ttrf�lfrltj r itt7ynf`�,wJ��
• Complete Items t andir, 2'Nr addlttoces? �1 Vr r'V.. I 8180 WISh t0 r8C91Ve the
• Complete items 3, and 4a & b. following services (for an extra
• Print your name and address on the reverse of this form so them we can fee):
return this card to you.
• Attach this form to the front of the mailplece, or on the back if space 1. ❑ Addressee's Address
does not permit.
• write "Return Receipt Requested" on the mallplace below the article number. 2. ❑ Restricted Delivery
• The Return Receipt will show to whom the article was delivered and the dots
delivered. Consult postmaster for fee.
3. Article Addressed to:
MR WILBUR BISSETTE
RT 1 BOX 49
BAILEY NC 27807
10/13 WQ NOVVORFE
NASH COUNTY
DS/JG
ature
(Agent)
4a. Article Number
P 281 676
346
A
4b. Service Type
a
❑ Registered
❑ Insured
]� Certified
El COD
❑ Express Mail
❑ Return Receipt for
a
Merchandise
7, pate f slivery
;: / 2-_gS
$, Addressee's Address (Only
and fee is paid)
requested „V
m
F-
PS Form 3>311r December 1991 *U.S.GIRO: tB11113—Mau DOMESTIC RETURN RECEIPT

Mr. Wilbur Bissette
Page -2 --
and during the repair process. The freeboard and structural
problems must be immediately corrected and routinely monitored
to insure that these deficiencies do not compromise your
lagoon.
In addition to the lagoon problems, Mr. Smith and Mr. Fleek
during the initial site visit, saw an above -ground 10 inch PVC pipe
that had discharged waste from your largest containment building.
This pipe is used to convey wastewater from the chicken houses to
your lagoon; however, it appeared to have been disconnected.
Wastewater flowing from the disconnected pipe, waste from your
containment building, and your honey wagon was resulting in an
illegal discharge to an unnamed tributary of Camp Branch Creek.
The above mentioned discharge is a violation of North Carolina
General Statue 143-215.1 (a) which respectively 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 the waters of the State;"
You are required to immediately eliminate the illegal
discharge, which is subject to civil penalties of up to $10,000
dollars per day.
In addition, this Office will recommend to the Director that
the subject animal facility lose Deemed Permitted Status which will
require the immediate development of a certified waste management
plan. Also, this office is recommending an Enforcement Action for
the illegal discharge of a wastewater which may result in the
assessment of civil penalties.
Please respond in writing to this Notice of Violation no later.
than October 27, 1995. You should discuss your efforts to repair
your lagoon and your current progress with lowering the level of
your wastewater in the lagoon. Also, you should specifically
explain how you eliminated the discharge from the containment
building, why and when the pipe was disconnected, and how
wastewater discharged from your honey wagon. In addition, you
should also include a description of your current waste management
practices (type of equipment, acreage available to apply
wastewater, cover crop, frequency of waste application).

,
Mr. Wilbur Bissette
Page -3-
Please, carefully address each of the aforementioned issues in
your response. Thank you for your assistance with this matter and
if you have any questions please contact Mr. Danny Smith or Ms.
Judy Garrett at [phone].
Sincerely,
ennet chuster, P.E.
Regional Supervisor
Raleigh Regional Office
/ds
H:\Bissenov
CC: Nash County Soil and Water Conservation District
Nash County Health Department
Mr. Steve Bennett - N.C. Division of Soil and Water
Conservation
John Holley - Land Resources
RRO - File Copy
Central Office - Water Quality

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. Wilber Bissette
Bissette Poultry
Route 1 Box 49
Bailey, NC 27807
09K;W'A
IT
1:3EHNF1
February 27, 1996
Subject: Notice of Violation # 95-86
Notice of Intent to Revoke Deemed Permit
Facility Number 64-008
Nash_County=
Dear Mr. Bissette:
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 October 10, 1995, Danny Smith of the Raleigh Regional Office inspected your facility. A
discharge was observed from an above -ground pipe which was designed to carry waste from your
containment building, resulting in an illegal discharge to Camp Branch Creek. Further, it was
noted that your facility had little freeboard, less than 2 inches in many areas. In addition to the
discharge and the inadequate freeboard, it was also clear that wastewater routinely overflows from
your lagoon. This was definitively indicated by the nutrient impacted vegetation on your lagoon
berm and the eroded trench located at your emergency spillway.
In accordance with the requirements of NCAC 2H .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

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 appropriate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Judy
Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at [phone] or
Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
i
A. Preston H r., P.E.
ATTACHMENTS
cc: CRegional Water_Quality Supervisor _
Nash County Soil and Water Conservation District
Steve Bennett - Regional Coordinator, NC DSWC--Raleigh
Compliance/Enforcement File

7UL-14-1995 15' 2n FRfJM OEM WP4TER QUALITY SECTION TO
PRO P.02/02
M
Farm Na
Mailing.
County:
Integrator. Phone:,
On Site Representative: Phone:
Phvsical Address/Locadon: k f o(if I Uv�
Site Requires Immediate A nemion.
Facility No. 4Y—
DIViSION OF ENVIRONMENTAL MANAGENfENT
ANIIvfAL FEEDLOT OPERA-M)NNZ SITE VISITATION RECORD
`_ ', j� DATE: 0 f 6 , 1995
�'I/ / Tune: 3 O
a( Liar
ZJS
GV!` S i
Type of Operation: Swine Poultry �� Cattle
Design Capacity: Number of Animals on Site: !,a U d 0 od t
DEM Certification Number: ACE DEM Certification Number: ACNEW
Lautude: Longitude: - T
Circle Yes or No
Elevation: _Feet
Does the Anumal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm even[
(approxirnately 1 Foot + 7 inches) Yes orP1140)?
Actual Freeboard: �_Ft. A_ Inches
Was any seepage observed frcim the lagoo. Yesor `1 Was any erosion observed..'' or No
Is adequam land available for spray? Ces No Is the cover crop adequate? Es>r No
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dvvellints?Ye or No
100 Feet from Wells? r No
^:c animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Q or No. .
a.,Wnal waste land applied or spray irrigated within 25 Feet of a liSGS Map Blue Line'? Yes or 0
T�, wdmal waste discharged into waters of the state by tztan-made ditch, flushing system, or other
;ir^i3ar man-made devices? Yes or � If �rws, Flease Explain_
yr ,cs icic facility maiwai_n adequate waste ma[xagemmir records (volumes of manure, land applied,
5>pray irrigated on specific acreage with cover crop)? Yes or No
Additional Coriaments: l Udna a aK `fie OV&''b P�h�
yet s o a o Steel era d oa i �
—�.� _
dl5 ckev'rvs
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nf
Co/l tA 61 MW4 (/ v a:IS
cc: Faniliry Assessrnent Unit
bvv� �Q
JO
Signature
� ` n4►� C A"A qj 04K
Crre
luOJI�n
Use Attaclmzems if Needed.
TOTAL P.O2

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
December 3, 19S
MR WILBUR BISSETTE
WILBUR BISSETTE LAYER OPERATION
ROUTE 1 BOX 49
BAILEY NC 27807
SUBJECT: Request for Payment for Civil Penalty
Wilbur Bissette Layer Operation
File No. CD 96-01
Farm Number: 64-8
Nash County
e��
Dear Mr. Bissette
This is to acknowledge receipt of your check No.4376 in the amount of $496.99
received from the Wilbur Bissette Layer Operation.
This is the final of six scheduled payments as agreed to by the Division and the Wilbur
Bissette Layer Operation and the case has been closed. Payment of this penalty in no way
precludes further enforcement action for additional violations of environmental law.
If you have any questions concerning this matter, please call Shannon Langley at
[phone], ext: 581 or me at [phone], ext:233.
Sincerely,
obert L. Sledge, Supervisor
Compliance Group
RLS/cs
cc: Regional7,,Wce?
Enforcement/Compliance File
Central File
P.O. Box 29535, Raleigh, Notch Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

U
LL U
P--Y,"
State of North Carolina
Department of Environment, Health, and Natural Resources
Raleigh Regional Office
James G. Martin, Governor Edmond John Maguire
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 14, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, N.C. 27807
Subject: Notice of Violation
Inspection Evaluation
Bissette Chicken Facility
N.C. Highway 581
Nash County
Dear Mr. Bissette:
On December 11, 1992, Mr. Karl Shaffer and Mr. Danny Smith
of the Raleigh Regional Office (RRO) conducted an inspection of
the above named facility. The inspection was conducted to
determine if the facility was continuing to be operated in
compliance with state regulations. A Notice of Violation was
issued on March 3, 1992 for discharges of wastewater from the
storage lagoon. At the time of the December 11, 1992 inspection,
the following violations of state law were found:
1. The facility was found to be discharging wastewater to
the surface waters of the state without a permit. This
is a violation of N.C.G.S. 143-215.1
2. The discharge was a direct result of the lagoon having
constant overflow from the dam through two low spots on
the dam. The lagoon is overflowing due to lack of
consistently land applying the waste to adjacent
farmland.
3800 Barrett Drive, Suite 101 • Raleigh, N.C. 27609
Telephone [phone] • FAX Number [phone]
An Equal Opportunity Affirmative Action Employer

F
UNDER. —
Complete 3tsma 1 endlor 2 for additional aarviQW
_ s Complete items 3, end 4e 4 b.
• Print yout name end address on the reverse of thIj form ao that we can
return this 021,010 you.
kttach this form to the frorit of the mailplace er n the peck if apace
does not permlf.
Write "Ratgrli. Receipt Raquasted" 0041rj! mallpie slow to snlcla number
• The Return Receipt will show to whoVkk g ertiele e daiivafed and the date
eilverad,-
3. Article Addressed to: 4a, Art
MR WILBUR BISSETTE 4b. Se+
RQUT1 1 TMV G9
I also wish to receive the
following services (for an extrs
fee),
1. 0 Addressee's Address
2, 0 Restricted Delivery
Consult Dostmester for fee.
Ae Numberce
D�p�f�
BAILEY NC 27807 © Registered © insure4
lR Certified ❑ COD
NOV B setfr Chicken Pa0 Express Mail j Return Receipt for
12/14/92 KS WQ
6. SI eture f d rase Add
and
r~
Ile
6. ignature (Agent)
farm ,, Pecpmber 1901 a ,P.0- 1,02 3a7.00 Dl
Merchandise
of Delivery
isseeWs Address (Only if rejuastad
se Is paid)
n
J

Mr. Wilbur Bissette
Notice of Violation
Page -2-
The waters of the state which are being impacted by this
discharge are Camp Branch and Camp Charles Lake. The state
classification for these waters presently is B-NSW and is
proposed WS-IV-NSW. In either case, the protection of these
waters is extremely critical from a public health point of view.
Due to these circumstances, you are hereby required to correct
the problem immediately by taking means to cease the discharge.
In addition, this Division will recommend that an enforcement
action with administrative penalties be assessed against the
operation for a second violation of the same nature. Please be
aware that each separate day that a violation is witnessed is
cause for an additional administrative penalty, up to $10,000 per
day. You are strongly encouraged to continue to abate this
pollution, as the inspectors from this office intend to
re -inspect the operation again soon..
If you have any questions concerning this notice, please
contact Mr. Shaffer at [phone].
Sincerely,
Arthur Mouberry, P.E.
Regional Supervisor
Raleigh Regional Office
cc: Mr. Jay Smith- Nash County Health Department
Mr. Judge Johnson- Cal -Main Corporation
Mr. Sidney Long- Nash County Farmers Home Administration

. I 1 *46
Fax Transmittal Cover Sheet
Tor WQ Supervisor Tim Donnelly, - DEM-RRO
From: Diaime Williams Wilburn, NCDEHNR, llL•'M-WQ
Fax Number: (91.9) 733-9919
Date: `1'ue, Jan 12, 1993 • 2:29 PM
"Cransmitting (2) pages, including cover sheet.
1f there is difficully with this transmission, please gall: [phone], exl. 233
Note:
Here is a complaint received in the Central Office.
14

'"• NCDEHNR. DEM-WQ - [phone] - Created: Tuesday, January 12, 1993 2:29 PM - Page I of I
------------------------------------------------------------------------------------------
N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
COMPLAINT REI='OIZT I:ORN(
Date/•Time: 1 930112
Report Rce'd From:
Harold Joyner
Complainant:
Betty Strickland
Agency:
EM
Address:
Bailey, NC
Phone #:
733-3867
Phone #:
237-4843
Complaint: Mr. Wilbur Bissette is dumping chicken farm waste (manure) in Ms. Strickland's Pond. The
Sheriff and WRC have been involved. The WRC said there were not enough dead fish for
them to do a count or enforcement. This is an ongoing situation.
Type: I S. Water,/ I G. Water I Air I S/Haz. Other (Specify):
Location I SR 1 t 03
Countv: I Nash
Surface /Groundwater involved:
Regional Office: I ARO MRO WSRO RROJ FRO WARO WiRO
Re Tonal Contact: I ]'hone!#: FAX
Other None
Agencies
Contacted:
Other Detai Is: None
EPA Region IV - [phone] - 24 hours
Emergency Management (3867)
Solid and Hazardous Waste (2178)
Pesticides (3»6)
Wildlife Res. Comm. (7191) or [phone]
Marine T"isheries [phone]

1
ENFORCEMENT ACTION REPORT
ID#
Division of Environmental Management
Natural Resources and Community Development
State of North Carolina
Water Quality Stream Violation
Wilbur Lewis Bissette
Chicken Farm
Bailey, Nash County
By
David Y. Daniel
Environmental Technician V
Raleigh Regional Office
March 27, 1986

f
DIVISION OF ENVIRONMENTAL MANAGEMENT
RALEIGH REGIONAL OFFICE
March 27, 1986
MEMORANDUM
TO: L.P. Benton, Jr.
FROM: R.W. Van Tilburg
SUBJECT: Enforcement Request
Wilbur Lewis Bissette
Rt. 1, Bailey
Nash County
Neuse River Basin
Enclosed is an enforcement action against the above
subject. Enforcement is warranted in this case for several
reasons:
1) The discharge has resulted in a fish kill downstream.
2) The high fecal count is a public health threat.
3) Mr. Bissette was less than polite to the two women from
the RRO and a subsequent air inspector.
4) The tributary that the effluent was discharged into
eventually goes to the lake at the Boy Scout Camp.
If you have any questions, please advise.
attachment

r
DIVISION OF ENVIRONMENTAL MANAGEMENT
RALEIGH REGIONAL OFFICE
February 19, 1986
MEMORANDUM
TO: File
FROM: Ernie Fuller
SUBJECT: Citizens Complaint/Excess Smoke
Wilbur L. Bissette Poultry Farm
Bailey/Wilson County
Mr. David Daniel received a telephone call on 2/17/86
from Mr. Ronald Bissette complaining of smoke emissions from
an incinerator being operated by Mr. Bissette at his poultry•
farm just southwest of Bailey, NC. The,incinerator is used
to destroy chickens which have died IvW various causes.
I traveled on 2/18/86 to contact Mr. Bissette at the
farm and evaluate the incinerator. Mr. Bissette was not
pleased to see me. He has recently experienced water
quality problems and evidently waste discharges from his
poultry operation had caused a fish kill in a neighbor's
pond. I advised Mr. Bissette that we had received a
complaint concerning his incinerator and that he may need to
make improvements to the incincerator to comply with state
emission regulations. I also advised him that he may need
to submit an air quality permit application. He advised me
that he may fix the incinerator if it is necessary, but he
would not pay for a permit to operate the unit.
Mr. Bissette began to use very abusive language and
became uncooperative. He even refused to give me his full
name and address. He advised me that he may let his
gun "talk" to the next government person that visited him.
After this, he went back to work.and refused to talk to me.
I will attempt to make an appointment with him to
evaluate the incinerator in operation. After that, we'll
take it a step at a time to achieve compliance.
EF/jf

t
WOT
North Carolina
Division of Environmental Management
NOTICE OF VIOLATION OF
G.S. 143-215.1(G)i G.S. 143-215.108
G.S. 143-215.75, et seq. G.S. 87-83, et seq.
1/G.S. l
NOVOooJg3
(Address) s
&-1e u , /y C.0 / V 4 Sit Ge
('Name of Violator) (City/C unty)
YOU ARE HEREBY NOTIFIED that the undersigned representative of
the North Carolina Division of Environmental Management observed
a violation of North Carolina Environmental Pollution Control
LBWS at: LI�•4 'P-_ irn__ �r dACj,l7,j:!I l� /r? IiI"rnsrrr�f -�r�{►i.�erry
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f^_- r�4�/1-1de -4nA A4_ Dj 1.t1�/Sah �0.
( Location of Violation) ,�;,�_ orx /vc ,fir/ u
on or before %Y20,-4, . 19 P-9- .
The following facts establish a violation:
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immediately.
You are required to ceasethe
unlawful
activity
The following corrective
actions must
be taken:
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rePQ'+r r'lorn 1�,�
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hree�l,�.�
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A written response must be filed with the Regional Office at
address below on or before (y) car c�, ) , 19 177-
NOTICE is given that this and any further violations may result
in enforcement actions, including civil penalties.
6106e-A 6 Q 3- fC u5c
(Date) (Representat`lve's Signature)
I,--�a�1L �1-cam-ci----------,-hereby certify -that I -have--------
personally served a copy of this Notice on:
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M,,, W`AU(- I�_5c '� at
(Name) (,�ocation)
%,(Signature)
Regional Office Address: 3�aD [�o,rcekk CSC
10

North Carolina NOV 000l43.
• Division of Environmental Management
NOTICE OF VIOLATION OF
G.5. 143-215.1(0)1 G.S. 143-215.108
G.S. 143-215.75, et seq. G.S. 87-83, et seq.
7G. S. 1`13 "o?ISr l tn) Ir
TO: �,J , I .ter /.5 5 :- A -
(Name of Violator)
14111
(Address)
An;/e fo , Lc- /V11.5 dr c7 a Yr
(City/C36unty)
YOU ARE HEREBY NOTIFIED that the undersigned representative of
the North Carolina Division of Environmental Management observed
a violation roof North Carolina Environmental Pollution Control
Laws at: i�i AP i174) r'oiinmenG,LI4,rV
� J
a .1 "'�a .
cation of Violation) A,;-g 0^ NC -,57/
on or before /Y? r.. r . L. 6, , 19'? :2-
The following facts establish a violation:
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You are required to cease`°the unlawful activity immediately.
The following corrective actions must be taken:
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t 1,t L4.Or �i�eh�r� P . Q
A written response must be filed with the Regional Office at the
address below on or before MaV-cA., ) , 1914-
NOTICE is given that this and any further violations may result
in enforcementk actions, including civil penalties. .h _ Qr a�cep•
(Date) (Represents ve's Signature)
-----------------------------------------------------------------
I , 0:P'A V: ) ak4 A _ . , hereby certify that I have
personally served a copy of this Notice on:
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Mw.WI16ur at
(Name) ( ocation)
on ,19 �.. ,.
j�( Signature )
Regional Office Address: !�
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Division of Euviroamental Management
CHAIN OF CUSTODY RECORD
For Investigation of w v
Samples collected and DKI forms completed
Lab Unlj Station.
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Division of Environmental Management
CHAIN OF CUSTODY RECORD 21 �11EC�I4V r��
For Investigation of -
Samples collected and DJiI forms
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i
FILE
State of North Carolina
Department of Environment, Health, and Natural Resources
Raleigh Regional Office
James G. Martin, Governor Edmond John Maguire
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
March 3, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, N.C. 27807
Subject: Notice of Violation
Inspection Evaluation
Bissette Chicken Facility
N.C. Highway 581
Nash County
Dear Mr. Bissette:
On March 2, 1992, Mr. Karl Shaffer of the Raleigh Regional
Office (RRO) and Mr. David Harding of the Central Office
conducted an inspection of the above named facility. The
inspection was conducted in response to a complaint received by
this office. The nature of the complaint was that wastewater from
your chicken layer operation was being discharged off the site
and impacting the surface waters of the state. Msr. Shaffer and
Harding met with you and inspected the facility. At the time of
the inspection, the following violations of state law were found:
1. The facility was found to be discharging wastewater to
the surface waters of the state without a permit. In
addition, this wastewater was impacting downstream water
quality with resulting violations of water quality
standards. These are violations of N.C.G.S. 143-215.1
2. The discharge was a direct result of the lagoon having
constant overflow from the dam through a low spot on the
dam. The lagoon is overflowing due to lack of suitable
means to land apply the waste.
3800 Barrett Drive, Suite tot • Raleigh, N.C. 27609
Telephone [phone] • FAX Number [phone]
An Equal Opportunity Affirmative Action Employer

s
I
01
SfCilVVEH: I also wish to receive tfte
• Complete items 1 andfor 2 for additional services.
• Complete items 3, and 4a & b. following services (for an extra
• print your name and address on the reverse of this form so fee):
that we can return this card to you. 1. (} Addressee's Address
• Attach this form to the front of the mailpiace, or on the
back if space does not permit.
• Write "Return Receipt Requested" on the mailpiece next to 2, l Restricted Delivery
the article number. I Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
MR WILBUR BISSETTE
ROUTE I Box 49
BAILEY liG 2780%
G
NOV Bissette en
3/3/92 a`' Q.*^Cn
5. Signature (Addresse ' K�
6. Signat [e (Agent)
4b. Service Typo
❑ Registered 11 Insured
W Certified L1 COD
❑ Express Mail L} Return Receipt for
Merchandise
7. Dwate of Deliver
8. Addressee's Address (Only if requested
and fee is paid)
arm 3811, October 1990 pU.S.ap0:1990-273-a61 DOMESTIC RETURN RECEIPT

' Mr. Wilbur Bissette
Notice of Violation
Page -2-
3. other solid wastes are being stockpiled in a manner which
allows rainwater to leach the nutrients from the waste,
thereby further degrading water quality downstream.
The waters of the state which are being impacted by this
discharge are Camp Branch and Camp Charles Lake. The state
classification for these waters presently is B-NSW and is
proposed WS-IV-NSW. In either case, the protection of these
waters is extremely critical from a public health point of view.
Due to these circumstances, you are hereby required to correct
the problem immediately by taking means to cease the discharge.
It was noted that you temporarily stopped the discharge while the
DEM representatives were on the site. A more permanent solution
including permanent stabilization of the lagoon dam and ultimate
facility for land application is needed. You are required to
submit a written response to this office by March 15, 1992
stating that the problems have been corrected and what methods
were used to resolve the problem. This response must include
notice that either the present land application equipment has
been placed into operation, that new equipment has been
purchased, or that other equipment will be available to you by
signed agreement. Failure to adequately respond to this notice
could result in the recommendation for enforcement action.
If you have any questions concerning this notice, please
contact Mr. Shaffer at [phone].
Sincerely,
Arthur Mouberry, P.E.
Regional Supervisor
Raleigh Regional Office
cc: Mr. Jay Smith- Nash County Health Department
Mr. Judge Johnson- Cal -Main Corporation
Mr. Sidney Long- Nash County Farmers Home Administration

lox
REGISTRATION FORM FOR ANIJAL FEEDLOT OPERATIONS" /
Department of Environment, Health and Natural Resoyrl*s
Division of Environmental Management it .6
Water Quality Section.
w�
0
if the animal waste management system for your feedlot operation 's
designed to serve more than or equal to 100 head of cattle, 75
horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by
a liquid waste system, then this form must be filled out and mailed
by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be
deemed permitted by DEM. Please print clearly.
e
Farm Name: /.) / "S S el-"
Melling Address:
County:
r., •.tine _ (s) Name: �A L G 6 U �'- - ,E-► 13 S p = -
anac-_ rs; Name _ ► ! _ AI
Farm Loca__-
on (3e s speck ie as possible: road names, direct_cn,
milepost, rerc.) : �� � A/1 It-, p C' 'S e ulA n � yid A I [, PI/
C i ude /Longi w de if known.
DeEign capaciy of anima_ '',��Jast�ye m�aynarg
.n.r system (Number and type
Average _r'ima. Vic:.._. -cn on :he farm (Number ant _ pe of animal(s;
V
r /♦
fo
Owner (s) Signature (s) lj1...I.. DATE-:.f ..
DATE:

State of North Carolina
Department of Environment,
Health and Natural Reso
Raleigh Regional Office
James B. Hunt, Jr., Governor
FlIE
Jonathan B. Howes, Secretary
Boyce A. Hudson, Regional Manager
Mr. Wilbur Bissette
Route '1, Box 49
Bailey, NC 27807
Dear Mr. Bissette:
LTI.WA
CoAria
July 11, 1994
Subject: Compliance Inspection
Bissette Layer Operation
N.C. Route 581
Nash County
On July 6, 1994 Mr. Karl Shaffer of the Raleigh Regional
Office conducted an inspection of the above named facility. The
inspection was conducted to determine if compliance with state
regulations was being maintained at the facility. Mr. Shaffer could
not locate anyone at the facility, and proceeded with the
inspection by himself.
At the time of the inspection, the operation was compliant,
with no evidence of impacts to any adjacent surface waters. There
was no evidence of direct discharges from the wastewater storage
lagoon. In addition, the land application areas did not appear to
be overloaded or stressed by wastewater application. However, the
lagoon freeboard was noted to be less than one foot. This item is
of concern, as this time of year is valuable for lagoon drawdown in
order to enter the upcoming wet season with adequate freeboard. You
are encouraged to make every effort to maintain sufficient lagoon
freeboard. If discharges occur from this facility unless due to a
rainfall event that classifies as a 25 year-24 hour storm, civil
penalties may be assessed. In addition, there was a minor problem
noted with a leaking flushbasin at the far end of the middle
confinement house.
As per North Carolina General Statutes, this operation was
required to have registered with the Division of Environmental
Management by December 31, 1993. This office has no record that
this registration was completed. You are required to submit proof
of registration by July 29, 1994. Failure to document that this
facility has been properly registered may result in an enforcement
action, as specified in 15A NCAC 2H .0217(c).
3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10`16 post -consumer paper

i'
Mr. Wilbur Bissette
July 11, 1994
Page -2-
If you have any questions concerning this information or the
site inspection, please contact Mr. Karl Shaffer at [phone].
cc: Nash
Nash
CAFO
Steve
Sincerely
Kenneth Schuster, P.E.
Regional Supervisor
County Health Department
County Soil and Water Conservation District
Files
Bennett- N.C. Division of Soil and Water Conservation
BISSETTE.INS.

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NOTICE OF NONCOMPLIANCE
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YES NO

LIP
RECEIVED
MAY 0 5 199:)
State of North Carolina DEHNR-RAL Ra
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPTREQUESTED
Mr. Wilbur Bissette
Route 1 Box 49
Bailey, N C 27807
Dear Mr. Bissette:
May 5, 1993 A. Preston Howard, Jr., P.E.
Director
Subject: Designation of Concentrated Animal
Feeding Operation
Bissette Layer Operation
N. C. Route 581
Nash County
CAFO 93-004
This letter is to notify you that the Bissette Layer Operation, referenced above is hereby
designated a concentrated animal feeding operation in accordance with Title 15A, North Carolina
Administrative Code 2H.0123, and adopted Federal Regulations 40 CFR 122.23. The designation of
your layer operation was based on inspections conducted on March 2 and December 11, 1992 by Mr. Karl
Shaffler of the Raleigh Regional Office. These inspections showed that you had established a concentrated
animal feeding operation requiring such designation based on the following facts:
Wastewater from the chicken confinement unit was flowing into the lagoon, and subsequently the
lagoon was overflowing into the surface waters of the State. Specifically, this waste was
impacting a tributary of Camp Branch in the Neuse River watershed. Camp Branch is classified as
class C-NSW waters.
2. There are approximately 50,000 chickens at the facility.
3. Based on a file review and discussion with you on the site, it appears that the facility has had waste
.management problems for at least several years. There was, at the time of March 2, 1992
inspection, no means for ultimate waste treatment without discharge to the surface waters of the
State.
Regional Office
Asheville Faycacville Mooresville Raleigh Washington Wilmington Winston-Salem
704l251-6203 919/486-1541 704l663-1699 919/571.4700 9191946-6491 9191395-3900 919/996-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr Bissette
Page-2-
A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of
waste to the surface waters of the State. However, if you can permanently eliminate the discharge by
implementing changes within sixty (60) days of your receipt of this notice, including, but not limited to,
removal of the animals from direct contact with the creek, modifications to lagoons, and the
implementation of a final waste disposal plan, a permit application will not be required. If compliance has
been achieved, you must notify us in writing within sixty (60) days describing, in detail, the changes or
modifications you made:
If the discharge of waste to the surface waters of the State is not permanently eliminated within
sixty (60) days of receipt of this notice, an NPDES permit application must be submtted within that time.
Permit applications should be submitted, in duplicate, to the Director, Division of Environmental
Management, P. O. Box 29535, Raleigh, N C 27626-0535. Assistance, if desired, can be obtained by
contacting Mr. Timothy L. Donnelly_, Water Quality Su ervisor $00 Barrett Drive, Suite 101. Raleigh,
N.C. 27609;_12honf, number 919-571-4700, The applications should be accompanied by construction
plans for the animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register- Concentrated Animal Feeding Operations, 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit Application -Short Form B.
If you need financial of technical assistance with regard to managing animal waste, you should
contact your local Soil and Water Conservation District Office at telephone number 459-41115.
If you wish to contest this Designation, you must request an administrative hearing within thirty
(30) days of you receipt of this Notice. This request must be in the form of a written petition, conforming
to Chapter 150B of the North Carolina General. Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, NC 27611-7447. A copy of the Petition should be filed
with this office.
days.
If you do not request an administrative hearing, this Designation will become final in thirty (30)
Should you have any questions regarding this matter, please do not hesitate to contact us.
Sincer ly,
A. Preston Howard, Jr. P.E.
Enclosures
CC: Tim Donnelly -Raleigh Regional Office
Fred Alexander -Nash County Soil & Water Conservation District
Jay Smith -Nash County Health Department
Steve Bennett -NC Division of Soil & Water Conservation
CAFO File

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Fine red dashed lines indicate selected fence and field lines where I,, I Ilr+t, ,.!I:li .;,;ai;faari r;omi ilerl ill FOR SALE
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MEMO
•f DATE: -
TO: irj i.f S�f I
r .,._„ SUBJECT:
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From:
North Carolina Department of
Health, and Natural Resources
Environment,
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DIVISION OF ENVIRONMENTAL MANAGEMENT
January 1993
Water Quality Section
us�
MEMORANDUM
TO: Steve Tedder- Chief �L
Water Quality Section ,�� C d--
THROUGH: Timothy L. Donnelly, P.E.
Acting Regional Supervisor
FROM: Karl Shaffer- Soil Scientist
SUBJECT: Enforcement Action
Wilbur Bissette Chicken/ Layer Operation
Discharge of Animal Waste
Nash County
Please find attached t enforcement package for the
subject facility. This is a modified fast track. There stand to
be some complexities with this case, as ownership has been
changing hands, and currently the property is deeded to the son
of the operator, with the operator and Farmers Home
Administration both holding deeds which may be recorded at a
later date. Farmers Home Administration foreclosed on Wilbur
Bissette, the facility operator, about 1 year ago. In addition,
it is fully expected that the operator will resist any attempt to
fine him, with the above factors used to complicate the issue.
If you have further questions, please contact Karl Shaffer
or Tim Donnelly at 571-4700.
Attachment

I. GENERAL INFORMATION
1. Name and address of facility:
Mr. Wilbur Bissette, operator
Bissette Layer Operation
Route 1, Box 49
Bailey, NC 27807
2. Contact Person:
Mr. Wilbur Bissette- operator
[phone]
Mr. Michael Bissette, owner, as recorded at county tax
office. He has been owner about 6 months.
II. VIOLATIONS OF NCGS 143-215.1
This facility has engaged in an activity which requires
a permit from the Environmental Management Commission. No
permit has been applied for or issued. Specifically, this
facility has allowed the discharge of animal waste products
from a chicken/ layer operation into the surface waters of
the state .
A. Narrative of Events:
On March 2, 1992, Mr. Karl Shaffer of the Raleigh
Regional Office conducted an inspection of the subject
facility in response to a complaint. The nature of the
complaint was that chicken waste was being discharged
from this specific layer operation operated by Mr. Bissette.
The site inspection revealed that Mr. Bissette operates this
layer operation along N.C. Route 581 in Nash County and
that this operation was discharging wastewaters associated
with confinement of chickens for egg laying. The discharge
was occurring from the lagoon which is designed to contain
the wastewater from the operation. The wastewater flowed
out of the lagoon and directly into the surface waters of
the state, specifically, an unnamed tributary of Camp Branch
in the Neuse River Basin, class C NSW. The discharge was
continuous, with obvious water quality impacts to the
receiving stream.
Mr. Shaffer informed Mr. Bissette of the consequences
of this violation. Mr. Shaffer explained that the facility
would be designated as a CAFO, and that the discharge of
wastewater should be ceased immediately.
A Notice of Violation was issued on March 3, 1992 to
Mr. Bissette. This notice requested that Mr. Bissette
immediately and permanently cease the discharge from the
lagoon.
The facility was not designated as a "Concentrated
Animal Feeding Operation" at that time simply by an
oversite at the RRO. It will be concurrently designated
with this request for enforcement action.

On April 1, 1992 Mr. Shaffer returned to the
facility for a follow-up inspection to see if the problems
noted in the designation letter had been corrected.
The facility was found to be compliant at the time of the
inspection. However, the lagoon had little freeboard.
On December 11, 1992, Mr. Shaffer of the Raleigh
Regional Office conducted another follow-up inspection.
Mr. Shaffer witnessed a discharge of wastewater from the
lagoon at two places, with discharges occurring directly
to the surface waters of the state. The discharge volume
of waste materials was determined to be significant. Mr.
Shaffer informed Mr. Bissette that the continuing violation
would result in recommendation for enforcement, and
requested that he cease the discharge immediately. Mr.
Shaffer mentioned that each separate day a violation
occurred was grounds for further penalties. Mr. Bissette
immediately started a tractor to attempt to stop the
discharge by filling in the low spots on the lagoon dam.
B. Specific Violations:
The RRO has documented and observed that this operation
is in violation of the following statute:
NCGS 143-215.1(a): "Activities for Which Permits
Required.- 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 shall have
received from the Environmental Management Commission a
permit therefor and shall have complied with such
conditions, if any, as are prescribed by such permit:
(1) Make any outlets into the waters of the State"
III. CIVIL PENALTY ASSESSMENT FACTORS FOR WATER QUALITY CASES
1. The degree and extent of harm to the natural resources of
the State, to the public health, or to private property
resulting from the violation:
The volume of waste which had left the site and
reached the surface waters was unmeasurable. The flow
noticed from the operation at both visits was quite
high and consistent. There have been reports downstream
of a fish kill in a small lake, and other complaints of
odors in the creek and generally poor water appearance. In
addition, a Boy Scout Camp is downstream from this
operation. Public health threats could be associated with
this. Since the receiving watershed is nutrient sensitive,
this waste puts further stress on this system. While the
degree is impossible to measure, there are obviously
negative consequences associated with this activity.
The waste contains untreated animal wastes and at a minimum has

solids, nutrients, coliform bacteria, and heavy metals
associated with animal feeds. Harm to the state is
manifested by these untreated wastes reaching the
surface waters.
2. The duration and gravity of the violation:
The violations were known to have occurred on
March 2, 1992 (which generated the first NOV letter)
and December 11, 1992. It is expected that the discharge
occurred intermittently during this time. The consequences
as noted above, are environmental harm in the form of
pollutants added to a nutrient sensitive watershed, as
well as potential public health ramifications.
3. The effect on ground or surface water quantity or quality
or on air quality:
The wastes have been discharged into a tributary of
Camp Branch- class C NSW. The designation of this
watershed as nutrient sensitive results in there being
magnified impacts to the water quality as a result of the
discharge. The volume of wastes discharged to
the watershed, while unmeasurable, is believed to be
major.
4. The cost of rectifying the damage:
There is no way to feasibly remedy this situation.
Prevention of situations such as these is the only way
to assure compliance and maintain environmental
integrity. Damage to the receiving stream is indeter-
minate and no cost is associated with this.
5. The amount of money saved by noncompliance:
This facility now has capability of handling the
waste stream. At the time of the first visit, the waste
handling equipment was inoperable, and had been for three
prior years according to Mr. Bissette. While it is
impossible to determine how much time was involved with
non -compliant operation, the RRO estimates that a figure of
several thousand dollars saved is reasonable. These costs
reflect cost of electricity to run pumps; payroll for
employee while performing wastewater management functions;
and cost of maintaining equipment and application land.
Clearly, it has been to Mr. Bissette's financial benefit to
operate in noncompliance.

6. Whether the violation was committed willfully or
intentionally:
The violations have been committed willfully. Mr.
Bissette was aware that the lagoon was overflowing. He
had land application equipment, but allowed it to
go unmaintained to a point where it would not function.
At the time of the first visit and violation, Mr.
Bissette stated that the responsibility for proper waste
management was not his, but the owner of the chickens in
the house (Cal Main Foods) and the owner of the
confinement building (at that time, Farmers Home
Administration held title to the farm, providing Mr..
Bissette first option on the deed). The property has
since been deeded to Michael Bissette, Wilbur's son.
7. The prior record of the violator in complying or failing
to comply with programs over which the Environmental
Management Commission has regulatory authority:
There was an enforcement action written by the RRO,
David Daniel, in March, 1986. The RRO has no information
on the result of this recommended case. The case notes
do mention that Mr. Bissette was belligerent with DEM
inspectors. A field NOV was issued on March 6, 1987
by the RRO, Jack Floyd. Mr. Bissette refused to sign or
accept the copy of the NOV. There is no record of action
taken after this incident. The complainants state that
they have been contacting environmental officials for 15
years concerning this operation, and that the operator
has not made any effort to improve his management or
comply with regulations.
8. The cost to the State of the enforcement procedures:
a. Investigator's cost (8 hrs. at 20.48) $ 163.84
b. State vehicle miles (180 miles at $0.22/mi) 39.60
c. Regional Water Quality Supervisor Review
(A hourSat 24.67) 24.67
$24.67) — -2 F.-6-7-
e. Central Office costs 100.00
352.78

9. Type of violator and general nature of business:
Violator is an individual who operates this facility
which produces eggs for market. The chickens are awned,
and the eggs marketed, through CalMain Foods in Louisburg
NC. The violator provides the day to day management
including feeding, equipment maintenance, and waste
management. CalMain Foods, Inc. has a management
agreement with Mr. Bissette, which included waste
handling from the facility. The General Manager of
CalMain Foods is Mr. Tom Edgerton, [phone].
10. Violators degree of cooperation or recalcitrance:
See item #7 above. The violator, upon being informed
on March.2, 1992 that a violation existed, quickly
passed the blame and responsibility onto others. In fact,
it has been Mr. Bissette who has operated the facility
the entire time. One comment in the previous enforcement
case is that Mr. Bissette threatened to use a gun on the
next environmental inspector who came to his property.
Mr. Bissette, at the time of the December 11, 1992
violation, seemed somewhat cooperative. He immediately
dropped his work to try to cease the discharge. DEM staff
did not stay on site to determine if he was successful.
Recent dealings with him on the phone were less than
pleasant, although no threats were made.
11. Mitigating Circumstances:
There are no circumstances which would have prevented
Mr. Bissette from permanently correcting the problems
when it was first brought to his attention. Mr. Bissette,
as stated before, passed blame onto other parties. The
situation now is such that the lagoon is full, and land
application activities have resulted in further
complaints of waste runoff and stream impact. Mr.
Bissette has been instructed to use a private contractor
to remove his waste if he cannot do it in a safe manner
free from water quality impacts.
IV. Recommendations:
The staff of the RRO recommends that a civil penalty be
assessed for the enclosed violation.
V. Attachments:
A. Draft of Designation Letter
B. Notice of Violation to Mr. Bissette dated March 3, 1992
C. Notice of Violation to Mr. Bissette dated December 14,
1992
D. Fast Track Enforcement Document (Civil Penalty
Assessment)
E. Animal Operations Inspection Form

STATE OF NORTH CAROLINA
COUNTY OF NASH
IN THE MATTER OF:
MR. WILBUR BISSETTE
FOR A VIOLATION OF
G.S. 143-215.1(a)(1)
FOR MAKING AN OUTLET
INTO THE WATERS OF THE
STATE WITHOUT A PERMIT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO.
FINDINGS AND DECISION AND
ASSESSMENT OF CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.)
143-215.5A, I, A. Preston Howard, Jr., Acting Director of the
Division of Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Mr. Wilbur Bissette is the operator of an egg -laying
facility located along N.C. Route 581 in Nash
County, N.C.
B. On March 2, 1992, while investigating a water quality
complaint, DEM staff determined that animal waste from the
Wilbur Bissette Laying Operation operated by Mr. Wilbur
Bissette was reaching the surface waters of the state. The
waste was being discharged by an overflowing lagoon. This
wastewater ultimately reached the surface waters of the
state, namely a tributary of Camp Branch in the Neuse River
Basin, class C NSW.
C. In a letter dated March 3, 1992, the Regional
Supervisor of the Raleigh Regional Office notified Mr.
Bissette by certified mail that said layer operation was
required to immediately and permanently cease the discharge
of animal wastes to the waters of the State.
D. Mr. Bissette failed to respond to this notice, as
required in the text of the letter.
E. On December 11, 1992, personnel from DEM's Raleigh
Regional Office inspected the layer operation in question
and observed wastewater overflow from two points from the
lagoon. This wastewater flowed into a tributary of Camp
Branch in the Neuse River Basin.
F. The waters of Camp Branch are classified as Class C NSW
waters of the State.

-2-
G. On December 14, 1992, the DEM Regional Supervisor sent
a Notice of Violation to Mr. Bissette stating that
discharging animal waste without a permit was a violation of
G.S. 143-215.1. The Notice ordered the immediate elimination
of all discharges and stated that an enforcement action was
being prepared against the operation.
H. The costs to the State of the enforcement procedures in
this matter totalled $352.78.
II. CONCLUSIONS OF LAW:
A. Mr. Wilbur Bissette is a "person" within the meaning of
G.S.143-215.6A and G.S.143-212(4).
B. Camp Branch constitutes waters of the State within
the meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6).
C. Mr. Wilbur Bissette's discharge of animal waste into
waters of the State without a permit on or about December
11, 1992 was a violation of G.S.143-215.1(a)(1).
E. A civil penalty of up to ten thousand dollars per
day per violation may be assessed pursuant to
G.S.143-215.6A(b).
F. The State's enforcement costs in this matter may be
assessed against Wilbur Bissette pursuant to
G.S.143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
E. The Director, Division of Environmental Management,
pursuant to delegation provided for by G.S. 143-215.6A(h),
has the authority to assess civil penalties in this matter.

-3-
Based upon the above Findings of Fact and Conclusions of
Law? I make the following:
III. DECISION:
Wilbur Bissette is hereby assessed a civil penalty of:
for making an outlet into the
waters of the State in violation
of G.S.143-215.1(a)(1)
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty
authorized by G.S. 143-215.6A
$ 352.78 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 the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., Acting Director
Division of Environmental Management

Append x 1-
Inspection Worm for Animal Operation,
Date of inspection: e2,1 ry
-------- �------------------------------
Name of Owner of Property: (Check Register of Deeds or T8X
Office)
I I � -A
Name of Operator ------- ---_--__------------- -- -----
_ _ _ - - I._fi•rr t?
Address: � � �i f?1Jk-!•t�� �^{
-
-i_q------------------------- 6cvL"1{;`
rnone tlf�r, b2r .23 S T7 !
Descrintion of Faci 1 ity Location (State Hoad Nos., etc. )
416
Type of Operation (Examples: Marrow to finish, topping,
dairy; inine, cattle, chickens -Mayers or broi lers, tur`r.ey
production, e c .) .
All n,
Numi er and -rope of Animals and Animal Units:
-- - --� 4_:'T _-56 ----.---------------------.--_------•----....___--
Length of Time Animals -Have Been, are, or Will Be St:abk d, or
Confined and. Fed or Maintained in riny 12 Nont1-) Period.
Are Crops, Vegetation Forage Growth , or Post -Harvest. PesidUes
Sustained in the Normal Gro"ing Season LWer- Any Portion of
the Lot or Fac i 1 i t 7
............. lC- - - - -

�l
r
crription of Other Animal Operations in 1mrr,ediate Vicinity
d Prox imi ty� to Same or Other Surface Waters: -- f f,1G _Ai
w -
Proximity of Facility to Neighboring Houses, W21's, etc -:
-----~ _&_n-F-6C-T----------
Approximate Depth of Groundwater Table in the Area. of the
cac i l � ty or Di 5charge : __?_______________
?ror.imity o f Facility to Surface Waters ( rovide name and
= 1 ass of surface �-)aters ) - u•T,
v'
--ao--a-------------------------------- - - --
Are Poll-itants Discharged into the platers of the State? ; f
so, (dii-ect1y or by man-made ditch, _fIUshing systern, or
r
other si:mi lar man-made device?OFir��Ut�
------------------------------------ ------------- i------ -- -----
Do or Have Discharges Occurred in Response to a Storrn Event,
of Less Than a 25-year, 2ti-hour lrrtensi ty.2 (If yes, inc Jude
a br ) of I i s,t i ng o r^ inc ident s and su5pec ted causes
Yype o"C Taste Management (Examples type of con"inement-; ree
5ta11 hares, she!tered or limited steel ter dirt lots, paved or
dirt open lots, sL-;ine houses, pasture; type of waste
nar:dling - -direct s r tiding in solid for Iott=d floor �,it.h
iar-Don or pit, s:nq 2 r multi -cell lagoon ae-ated )ar�oon,
)ar,d e.pplicatio icluid manure, 5p irrigation,
contractor disposal, etc.)
24

-- ----- - ------,--- -..
CDndi zion of Waste Management i"aci l i Q (rate as posr-good, n�
discharge, sufficient freeboard in lagoon) etc. Include
weather conditions during inspection.) .......................
-_----- !!Y1
------------U)u4_ -__-_-_-----_-_ ___.-w--v-w _
nima1 Wash Discharge (including photcr5 and wi tness' names,
addresses, telephones numbers and statements o-f fact),
------P-E-1 � _�1��P,��: � ' ------------_---
Csr/_ - -- -----------------
- -----------__-----------------.------------ --
water Gua 1 i ty Assessment : ( Include description of 5amp l i ng ,
field measurements, visual obServa t "'Ons and slope and
vegetative cover of land adjacent to ma t.er , ex tent of
ainfai l and other factors relative to the l ikel ihoot or
frequency of discharge o f ani ma i wastes and process
Wastewaters)
---_.---_-_-------------------_------,------- -- ---- --
25

-�*Oecommenda t i ons Made to dwner i Qper a for : _. dl -01'n� --'- -
- --_�J"•_/
L
Recommenda t ions for Further DEM Act i on: (Rp- i ns=..,c t
designate, etc.) _ 4
NI
---------------------------------------------------------------
Other Comments : __ y:n_i----_-----F-_
----------------
r
- -
rr
n
Z-a,v�_
�/,
':�i T- : L-. L

c. 1j E j P
r L
State of North Carolina
Department of Environment, Health, and Natural Resources
Raleigh Regional Office
James G. Martin, Governor Edmond John Maguire
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 14, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, N.C. 27807
Subject: Notice of Violation
Inspection Evaluation
Bissette Chicken Facility
N.C. Highway 581
Nash County
Dear Mr. Bissette:
On December 11, 1992, Mr. Karl Shaffer and Mr. Danny Smith
of the Raleigh Regional Office (RRO) conducted an inspection of
the above named facility. The inspection was conducted -to
determine if the facility was continuing to be operated in
compliance with state regulations. A Notice of Violation was
issued on March 3, 1992 for discharges of wastewater from the
storage lagoon. At the time of the December 11, 1992 inspection,
the following violations of state law were found:
1. The facility was found to be discharging wastewater to
the surface waters of the state without a permit. This
is a violation of N.C.G.S. 143-215.1
2. The discharge was a direct result of the lagoon having
constant overflow from the dam through two low spots on
the dam. The lagoon is overflowing due to lack of
consistently land applying the waste to adjacent
farmland.
3806 Barrett Drive, Suite 101 • Raleigh, N.C. 27609
., Telephone [phone] FAX Number [phone]

Mr. Wilbur Bissette
Notice of Violation
Page -2-
The waters of the state which are being impacted by this
discharge are Camp Branch and Camp Charles Lake. The state
classification for these waters presently is B-NSW and is
proposed WS-IV-NSW. In either case, the protection of these
waters is extremely critical from a public health point of view.
Due to these circumstances, you are hereby required to correct
the problem immediately by taking means to cease the discharge.
In -addition, this Division will recommend that an enforcement
action with administrative penalties be assessed against the
operation for. a second violation of the same nature. Please be
aware that each separate day that a violation is witnessed is
cause for an additional administrative penalty, up to $10,000 per
day. You are strongly encouraged to continue to abate this
pollution, as the inspectors from this office intend to
re -inspect the operation again soon.
If you have any questions concerning this notice, please
contact Mr. Shaffer at [phone].
Sincerely,
Arthur Mouberry, P.E.
Regional Supervisor
Raleigh Regional Office
cc: Mr. Jay Smith- Nash County Health Department
Mr. Judge Johnson -Cal -Main Corporation
Mr. Sidney Long- Nash County Farmers Home Administration

yy � 7C
,fh F!. �A4t'I1 .F• � �� A 1�
............
d
E; State of North Carolina
Department of Environment, Health, and Natural Resources
Raleigh Regional Office
James G. Martin, Governor Edmond John Maguire
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
March 3, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, N.C. 27807
Subject: Notice of violation
Inspection Evaluation
Bissette Chicken Facility.
N.C. Highway 581
Nash County
Dear Mr. Bissette:
On March 2,.1992, Mr. Karl Shaffer of the Raleigh Regional
Office (RRO) and Mr. David Harding of the Central Office
conducted an inspection of the above named facility. The
inspection was conducted in response to a complaint received by
this office. The nature of the complaint was that wastewater from
your chicken layer operation was being discharged off the site
and impacting the surface waters of the state. Msr. Shaffer and
Harding met with you and inspected the facility. At the time of
the inspection, the following violations of state law were found:
1. The facility was found to be discharging wastewater to
the surface waters of the state without a permit. In
addition, this wastewater was impacting downstream water
quality with resulting violations of water quality
standards. These are violations of N.C.G.S. 143-215.1
2. The discharge was a direct result of the lagoon having
constant overflow from the dam through a low spot on the
dam. The lagoon is overflowing due to lack of suitable
means to land apply the waste.
3800 Barrett Drive, Suite 101 • Raleigh, N.C. 27609
Telephone [phone] • FAX Number [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Wilbur Bissette
Notice of Violation
Page -2-
3. Other solid wastes are being stockpiled in a manner which
allows rainwater to leach the nutrients from the waste,
thereby further degrading water quality downstream.
The waters of the state which are being impacted by this
discharge are Camp -Branch and Camp Charles Lake: The state
classification for these waters presently is B-NSW and is
proposed WS-IV-NSW. In either case, the protection of these
waters is extremely critical from a public health point of view.
Due to these circumstances, you are hereby required to correct
the problem immediately by taking means to cease the discharge.
It was noted that you temporarily stopped the discharge while the
DEM representatives were on the site. A more permanent solution
including permanent stabilization of the lagoon dam and ultimate
facility for land application is needed. You are required to
submit a written response to this office by March 16, 1992
stating that the problems have been corrected and what methods
were used to resolve the problem. This response must include
notice that either the present land application equipment has
been placed into operation, that new equipment has been
purchased, or that other equipment will be available to you by
signed agreement. Failure to adequately respond to this notice
could result in the recommendation for enforcement action.
If you have any questions concerning this notice, please
contact Mr. Shaffer at [phone].
Sincerely,
Arthur Mouberry, P.E.
Regional Supervisor
Raleigh Regional Office
cc: Mr. Jay Smith- Nash County Health Department
Mr. Judge Johnson- Cal -Main Corporation
Mr. Sidney Long- Nash County Farmers Home Administration

PENDING SIGNATURE
F1 LE CU
DIVISION OF ENVIRONMENTAL MANAGECENT
RALEIGH REGIONAL OFFICE
January 22, 1993
MEMORANDUM
TO Kent Wiggins
Supervisor --Facility Assessment Unit
THROUGH Timothy L. Donnelly, P.E.
r Acting Regional Supervisor
FROM Karl Shaffer- Soil Scientist
SUBJECT Designation of Concentrated Animal Feeding
Operation
Wilbur Bissette Layer Operation
N.C. Route 581
Nash County
Please find attached a letter for your signature concerning
the above facility. -At the time of the inspection, the operation
contained approximately 50,000 chickens. Mr. Karl Shaffer of the
Raleigh'Regional Office (RRO) witnessed a direct discharge from
the facility. The discharge is directly into an unnamed tributary
of Camp Branch in the Neuse River Watershed, class C NSW.
If further information or a briefing session is necessary,
please contact me at the RRO.
Attachment

1
S
1
STATE a
State of North Carolina
Department of 4vironment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt, Jr., Gavernor DIVISION OF ENVIRONMENTAL MAN)MMUft Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, NC 27807
7_•
Subject:
Dear Mr. Bissette::
Designation of Coidentrated Animal
Feeding Operation
Bissette Layer Operation
N.C. Route 581
Nash County
This letter is to notify you that the Bissette Layer
Operation, referenced above is hereby designated a concentrated
animal feeding operation in accordance with Title 15A, North
Carolina Administrative Code 2H .0123, and adopted Federal
Regulations 40 CFR 122.23. The designation of your operation was
based on inspections conducted on March 2 and December 11, 1992
by Mr: Karl Shaffer of the Raleigh Regional Office. These
inspections showed that you had established a concentrated animal
feeding operation requiring such designation based on the
following facts:
1. Wastewater from the chicken confinement unit was flowing
into the lagoon, and subsequently the lagoon was overflowing
into the surface waters of the State. Specifically, this
waste was impacting a tributary of Camp Branch in the Neuse
River watershed. Camp Branch is classified as class C-NSW
waters.
2. There are approximately 50,000 chickens at the facility.
3. Based on a file review and discussion with you on the
site, it appears that the facility has had waste
management problems for at least several years. There
was, at the time of the March 2, 1992 inspection, no
means for ultimate waste treatment without discharge to
the surface waters of the State.
PA. Box 27687 Rakigh, North Carolina 27611.7687 'Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

r
Mr. Bissette
Page -2-
A National Pollutant Discharge Elimination System (NPDES)
permit is required for discharges of waste to the surface waters
of the State. However, if you can permanently eliminate the
discharge by implementing changes within'sixty (60) days of your
receipt of this notice, including, but not limited to,
modifications to lagoons and the implementation of a final waste
disposal plan, a permit application will not be required. If
compliance has been achieved, you must notify us in writing
within sixty (60) days describing, in detail, the changes or
modifications you made.
If the discharge of waste to the surface waters of the State
is not permanently eliminated within sixty (60) days of receipt
of this notice, an NPDES permit application must be submitted
within that time.
Permit applications should be submitted, in duplicate, to
the Director, Division of Environmental Management, P.O. Box
29535, Raleigh, N.C. 27626-0535. Assistance, if desired, can be
obtained by contacting Mr, Timothy L. Donnelly, Water Quality
Supervisor, 3800 Barrett Drive, Suite 101, Raleigh, NC 27609;
phone number 919-571-4700. The applications should be accompanied
by construction plans for the animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register- Concentrated Animal Feeding
Operations, 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit Application- Short Form
B.
If you need financial or technical assistance with regard to
managing animal waste, you should contact your local Soil and
Water Conservation District Office at telephone number 459-4115.
If you wish to contest this Designation, you must request an
administrative hearing within thirty (30) days of your receipt of
this Notice. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, NC 27611-7447. A
copy of the Petition should be filed with this office.

Mr. Bissette
Page -3-
If you do not request an administrative hearing, this
Designation will become final in thirty (30) days.
Should you have any questions regarding this matter, please
do not hesitate to contact us.
Sincerely,
A. Preston Howard, Jr., P.E.
Acting Director
Enclosures
cc: Mr. Tim Donnelly- Raleigh Regional office
Mr. Fred Alexander - Nash County Soil and Water
Conservation District
Mr. Jay Smith - Nash County Health Department
Mr. Steve Bennett- N.C. Division of Soil and Water
Conservation
CAFO Files

DACM, - Ta, -,,2eo
AAoe [per -1 Appendix 1
Inspection dorm for Animal Operations
�{
Daze of Inspection: 'Ih QZ
,Vame of Owner of Property: (Check Register of Deeds or Tar.
Office) _ rn
Name of Operator :------------------------------- - - -- 5
Address: N cP--N
------------ ---- ----- ------ J
-----------� Fit(�c�----^�-�C=----�����`'-_____----------•—-----
=nonb e r : .I T C - 17
Deac- iption of` Facility Location (State Road nos., e c.l:
Type of Operation (Cy.amples: farrow to finish, toppine,
swine, cattle, chickens -layers or broilers, tu.-k Y
proccrion) e c. 3 .
, _n
-----c--- ---
``.------------- -----------
`:umter and T}-pe of Animals and Animal Un-,Ls:
Length of Time Animals Have, Seen, Are, or Wi 1 1 Be Stab:ed, Or
Co,n" ined and Fed or Maintained in nny 12 Month Period.
%1S0 a56��Ni"//JGZ)-_
Are Crops, Vegetation Forage Growth, or Post-Har-est Pesidues
Sustained i+) the Normal Growing Season Over Pny Par tion
1 of
t
the Loor Facility? ity? /
__�f �YICJ°7VQ___ C?_ � .��_-�S_Z?11AI �

rr
ption of Other Animal ©perations in Immediate Vicinity
roximity-to Same or Other Surface Waters:__ _�_
Proximity of Facility to Neighboring Houses, Wells, etc.:
_�r____---______-_-_-____________-_- -__
:,pproximate Depth of Groundwater Table in the Area. of the
-aca_ity or Discharge: ___
?ror.ifnity of Facility to Surface Ulaters ( rovid2 name and
-lass of SurTace L•,aters)- uT
Ll
---------------------------------------
Are Pol l,atants Discharged into the Waters of the State? �f
so , How? ( d i rec t 1 y or by man-made d i tch , f 1 ush i ng s ;!stern, or I
other si �i l ar man-made device) :y ���ItiC�l�__ Qq _(c/ UaiV
-_-___----_-_______-
------------------------------____-- __--.__;----___.________
Do or H_zve Discharges ..Occurred in Response to a Storm Event
of Less Than a 25-year, 2�i-hour Intensity? (If yes, include
a brief l i 1t i ng o7 incidents and suspected causes .) :
Dr
---------------------------------------------------------------
Type o; Waste Management (Exafnples� type of confinement —Free
stall barns, sheltered or limited shelter dirt lots, paved or
dirt, open lots, st.)ine houses, pasture; type of waste
har:dling - -direct s r ding in solid far lottecS floor ��;th
lar,00n or pit, :ngIe r multi-c.ell 1'agoo aerated lagoon.
land appIicatio iyuid manure, sp irrigation,
contractor disposal, etc.)
24

_ YPI_t PA-7-7bi�i7' _ urcic %._ fT _ /�79 Arr _
-----------------------------
Condition of Waste Management Fat; i 1 i ty (rate as poor -goad, no.
discharge, sufficient freeboard in lagoon, etc. Include
�:Pather conditions during inspection.) ___-_-______.._-_.__ __.
--- -_
! r�`t�
--
__-----------------------------------
nima! Waste Discharge (including photos and witness' names,
addresses, telephones numbers and statements of fact) .
---------------------------
,/��' /J 7JG'/7 y �' }y Jr T� -�!�" ��i i , .[,' `_����iIP, fi �i'K�f •✓�
___- - /J_/-� R rya _/�1='�Ty ��/1/ _ il�-`Trr-j 2,_ JstiF---------------
------------------------------------ 7,-- --- - -- ------ .
Water Grua l i ty Assessment: ( inc l ude desc r i p t ion of camp! i ng ,
field mq,�i,,urements, visual observatloos Grid slope and
V2getat;ve cover of land adjacent to water, extent of
rainfall and other -factors relative to the likelihood or,
frequ2.nczy of discharge afi animal wast.es and process
wz5�r?zq2i,er5) _..----_-_-__--____.-_-_-______---_______.._�_,..___
-,I %r
---------------------------------------------------------------
25

PF
Recommendat ions Made to Owner /Operator
- - - _• _d_t 11 Y�l� �_ � ✓�1 _ _ - - - - - - - � ZY/_' -N r� `-'C _ _ �° e r a• -z2 -AWL
Recommenda t ions. for Further DCM Action: (Rr7-ins--act ,
designate, etc.)_-__-_-________.-----__-.----------------.--____--
--------�aZz2 .-
Other Comments:
it7 1-52 /7JLe! _--------- -- C
---------"-- - x1�Tnl-------- -----=--�--1=------
;'` Sc�iGC
-Boor ' %,
��.j�-gyp _,,,,� -- � �.o-w •
�T; L

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��� �•J• •� � -� � f ;�i� cif f r
1163
.. .. • .°h�. __ `� •- ••i.. ■ . ! . i •%• JL, r,� ��''y ,/, ' 1. - i'1765'. I 1 �
73
CQ7iLp^ •BMi �� -� NOR>-OLK i .I ;� , I , �.i
� � � � --. � ��___ jjj I soil .. I � _ �u� �l � � � � _ •1
m �
°61 - Branttry. = Cems o
A U
IS, ssee- ��. �� 3 ` i '� „ 1%
Of �fir�n _—_ lLa yev�
:f lxl>. Cem L.
� "r., I . ,per• ;176+' �
000
FEET t-Cem-
' T�
35°45'+ - :'r r, :.: ; rr 162 763 2 270 000 FEET 5' b4
78°07 r
3 „
N Mapped, edited, and published by the Geological Survey 1 z
c" Control by USGS. NOSINOAA, and North Carolina Geodetic Survey teN 1ODO
o _
5 �` hoto rammetric methods from aerial photographs c"
`�
�G 55 Topography by p g �
taken 1975. Field checked 1976- Map edited 1978 'J
^
� 7^
Projection and 10,000-foot grid ticks: North Carolina coordinate 124 MILS I 1"43'._.
31 MttS
system (lambert conformal conic). 1000-meter Universal � J �al I�
Transverse Mercator grid, zone 17. 1927 North American j
Datum. To place on the predicted North American Datum 1983
move the projection lines 12 meters south and 25 meters UTM GRID AND 1981 MAGNETIC NORTH
west as shown by dashed corner ticks DECLINATION AT CENTER OF SHEET
THIS Mo
Fine red dashed lines indicate selected fence and field lines where 1 ,1.. . , ,Ir , .,I , =1,1„rl ; ol++{,tied in FOR SAL
generally visible on aerial photographs. This information is unchecked I„ ,•Ii.,,: .{,,r .,..., , , .;;,,Ili 'r+elina el]{;ies'ron} A FOLDER IDESC
ThisShort dashed blue lines indicate elliptical bay outlines 4 rrli:I1 Jlho+ I;I:+ .I+ i,;k I ;0 rrr nthe+ sourer"
visible on aerial photographs ininrinati- "ot tlrlci z:hr cHed, lv1�p rdited 19h1

r- 1
ECG PRODUCTION AGREEMENT
THIS ACREEMENT, made and entered into this the 12ch
day of July 19 92, by and between,,—BCM Egg Co.
hereinafter called "Supplier," and Larue Rissette__
(Bissetce) , hereinafter called "Producer";
W I T N E S S E T H:
WHEREAS, Supplier and Producer desire to enter into an
Agreement whereby Producer will raise and care for Supplier's laying
birds under the advice and direct supervision of Supplier and service-
men of Supplier, and pursuant to the terms hereinafter set forth:
NOW, THEREFORE,
1. SuP21ier a rees:
A. At the time of the execution hereof, Supplier has in
place in the facilities of Producer located in or near Bailey, NC
approximately 51,500 laying chickens of approximately 64 weeks
of age. Such flock shall remain in place to the end of its normal laying
cycle consistent with generally accepted husbandry practices, with
Supplier having the option of molting such flock. Upon conclusiun
of the "lay out" of the existing flock, Supplier agrees to place one
additional flock with Producer under the terms hereof.
B. To supply the feed, medication, and supplies necessary
for the feeding and management of said chickens, except rodent and
fly control products.
C. To make periodic inspection of -said chickens and to
implement management changes as needed.
D. To pay Producer for services as follows:
1. 7 C per dozen on all Crade A eggs produced;
2. 3 C per dozen on all undergrade eggs pro-
duced. ( Bloods and losses are not included as undergrade
eggs for compensation purposes.)
3. In the event of molt birds., 1 1/2 per
week per bird started in molt to 50 percent rate of lay.
4. 7k C per dozen on all Crade A eggs pro-
duced after payment of D3 above stops.
5. 3 C per dozen on all undergrade eggs
produced after payment in D3 above stops. (Gloods and
losses are not Included in undergrade eggs for compensation
purposes.)
RECEIVED
,BAN 2.2 1995
DEHNR-RAL RO

6. In event eggs are sold on a class basis,
the payment per dozen will be 114C less than the amount
in D1 or D4 above and will be based on total dozens.
7. . Payment to be made not later than monthly.
2. Producer Agrees
A. To feed and care for said chickens delivered hereunder
at Producer's own expense (excepting items specifically mentioned
in paragraph 1B) and to follow sound poultry husbandry management
practices in caring for and feeding of said chickens.
B. To use only feeds supplied by Supplier as long
as this Agreement is in"force and to accept delivery of such feeds
in bulk as needed.
C. To collect all eggs laid by said chickens and to
safely keep said eggs in a properly refrigerated room or rooms
suitable for egg storage. Said eggs shall be cased by Producer
at the discretion of Supplier.
D. To permit Supplier and agents or representatives
of Supplier to inspect said chickens and houses at any reasonable
time and to follow reasonable recommendations made by them or
any of them.
E. To feed said chickens only feed delivered hereunder.
Producer agrees further that none of said feed so delivered shall
be sold or disposed of otherwise or fed to other poultry than the
chickens delivered hereunder or to livestock.
F. To keep an accurate daily record of mortality,
egg production, and water and feed consumption on egg record
charts supplied by the Supplier and to furnish Supplier with such
charts upon request.
C. To notify Supplier immediately of any death loss
due to weather, disease, or causes other than normal mortality.
,H. To allow no person other than Producer's family
or employees, or Supplier's representatives to enter the poultry
Douses; to prevent Producer's fancily and employees engaged in
caring for said chickens from visiting other poultry farms.
I. To provide the houses, labor, equipment, water
and electricity necessary for the proper care of said chickens.
J. To maintain roads in a manner to allow Supplier's
vehicles free and easy access in all types of weather.
-2-

K. To be responsible for fly control and bear the costs
of the products used In fly control as recommended by the layer
supervisor.
3. At such time as said chickens approach the end
of their normal laying life, or in the event of unusual disease
or other damage to impair egg production, it is anticipated that
a point will be reached where the income will fail to exceed feed
and service costs by an amount sufficient to make continuation
of this Agreement profitable for Supplier. The decision as to
time of the termination of this Agreement will, Insofar as possible,
be made mutually between Supplier and Producer. In the event
the parties cannot agree, Supplier shall determine the termination.
date and such termination shall be binding upon the parties.
..
u. It is understood that the chickens to be delivered
to Producer's premises and placed in said houses will be owned
by SuMlier and that though its agents and representatives shall
have the right to supervise the care, production and keeping
thereof.
5. At the termination of this Agreement, Supplier
or its representatives shall determine the disposition of said chickens
and shall be entitled to enter the houses for the purposes of collection,
loading and/or removing said chickens thereform.
G. At any time during the period of this Agreement, if
Producer fails to care for said chickens, or fails to use reasonable
and ordinary skills In caring for said chickens, or breaches any
of the terms of this Agreement, this Agreement may be terminated
by Supplier, at his option; in the event of such termination, Supplier
shall be authorized and entitled to take possession of said chickens
and all unused feed supplied hereunder and to dispose of same in
such manner as he shall choose, without prejudice to any other
legal rights and remedies he may have in the premises. Producer
grants to Supplier, Its agents, servants or employees, the right
of ingress and egress to the location of the flocks for removal
purposes. Supplier shall have a reasonable time within which
to exercise its right of removal.
7. This contract represents the entire Agreement
between the parties, ,and no covenants, warranties (expressed
or implied) conditions, or representations shall be binding on the
parties unless expressly set out herein.
Producer:
Larue Bissetre
Supplier:
BCM Egg Co. /
BY �
i fie ' s
-3-

Appendix 1
Inspection Form for Animal Operatian�
Hate of Inspection:
------
a�
3 �
- -----------------------_------�-
Name of Owner of Property: (Check Register of Deeds or Tax
Office)
- f �Iug ... :�t 5n
1 F4A �- o w m s
Name of Operator :_________-_-�-__---•------____-•
Address: �!N &ANkf,
------------------------------
Phone Number: 23 S - '-/'7 r g
De•acription of Facility Location (State Road Nos., etc.,:
N e 581 -- /, 5 nn ,It n RQ. a� ! �
--_- -
.fi
Type of Operation (Examples: -Farrow to -Finish, toppinc,
dairy, swine, cattle, chickens -layers or broilers, turf:ay
roduction) eLIc.):
------------------------------------------
Number and Type of Animals and Animal Units:
Length of Time Animals•Have Been, Are, ar Wi 1 i Be Stab'-ed, o:-
Conf i ned and Fed or Maintained in Any 12 Month Per i od .
- - faoL I%.--c.8/vs-IAvc,) ---------------------------------------------
Are Crops, Vegetation Forage Growth,. or Post-H-arvest ResidUes
Sustained in the Normal Growing Season Over Any Por tion of
the Lot or Facility? _- f �'Y)LJ4yUQ"-ZG?_��� !�_ (��1e
-7a SX 6E

R �
y
Description of Other Animal Operations in Immediate. Vicinity
� r
and Proximity to Same or Dther Surface Waters:__f24G�__
--nb n.1S _ _1A1_ RSA,.
Proximity of Facility to Neighboring Houses, Wells, etc
a
Approximate Depth of Groundwater Table in the Area of the
Facility or Discharge:__' -----------------------------------
Proximity of Faci f ity to Surface Waters t rovide name and
class of surface waters) • U.T
--001 ------------ -&0-, d-j -A/ -at- 4, -
----YjS ------s—�c1—�—---------------------^----- —
Are Pollutants Discharged into the Waters of the State? if
so, How? (di+-ectIy or by man-made ditch, f I u s h i n y system, cr
other similar man-made
5 _oVE; 41LZwL)nl_-(26
`7rt37�----------------------------
----------w------------
Do or Have Discharges Occurred in Response to 2 Storm Event
of Less Than a 25-year, 24-hour Intensity? (If yes, include
a brief listing of incidents and suspected causes.):
Type of I,faste Management (Examples: type of confinement -free
stall barns, sheltered or limited shelter dirt lots, paved or
dirt open lots, swine houses, pasture; type of v).aste
har=dling-direct s r ailing in solid for lotted floor with
lar,oc,n or pit, :n.�le r multi-c.e13 lagoon ae-ated lagoon,
land appIicati0 quid manure, sp irrigatio n,
conti-actor disposal, etc. )
24

---------------
_ �S 1SL�_�--.__-_______--
Condition of Waste Management Facility (rate as poor -good, no
discharge, sufficient freeboard in lagoon, etc. lncluda
weather conditions during inspection.)
Tons
_ ___-------- (��---p-----------------
Animal Waste Discharge (including photos and witness' names,
addresses, telephones numbers and statements of -fact).
------A�Q � 1----�-�-- --�PO-_--------------_-_- -----
____=-=--� -__�, r ----------------
._-----_____------
------__-----------__----------------------------- -. - -_- -----
Water Quality Assessment: (include description of sampling,
field measurements, visual observations and slope and
vegetative cover of land adjacent to water, extent of
rainfall and other Factors relative to the Iikelihood or
frequency of discharge of animrai wastes and process
wastewaters) L .
J� �'
.aril �-
25

Recommendations Made to Owner /Operator __�_�pJI%f"�+✓'
-5 a 2i�
------------
Rec, ommendat ions For Further DEN Action, (Re -ins_ = c t ,
designate, etc.)
----___�_�� ---- - ------------------------
--
-----------------------_--------------------------------------.
Other Comments: y _ �1A3� M_--_0,ENiTRAl-__ arF= CTf '
r
----- -- _ -N ------ -- -- �--
r
Ir' rn r� i- -r us9=-p 3
5 ram" /S f Z
?ems b u .
13 y SCS
-Pu fnAff D "7b

" . , r
elo V A`CT 11
(1A L M# / A w;OA 0C ;
1=W-4
f

FILE COPY
Stare of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt, Jr., C,owernor
Mee Regional Office Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 11, 1993
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, NC 27807
Subject: Bissette Layer Operation
Compliance Inspection
N.C. Route 581
Nash County
Dear Mr. Bissette:
On June 9, 1993, Mr. Karl Shaffer of the Raleigh Regional
Office performed an inspection of the above named facility to
determine if corrective measures had been completed in reference to
previously noted violations. Mr. Shaffer met you on the property
then proceeded with the inspection.
The inspection showed that you had eliminated the discharge of
wastewater byway of the lagoon overflow. Approximately one foot of
freeboard existed in the lagoon.
Mr. Shaffer examined the wastewater application area. No
evidence of solids discharge or runoff was seen. However, there is
concern as to the stand of the cover crop on the sprayfield. The
sprayfield is mostly bare, with a few sprigs of bermudagrass and a
few weed areas. There is high potential for soil erosion and
wastewater runoff from this site. This, in combination with little
lagoon freeboard for this time of year, results in this office
voicing a concern as to long term operation in a state of
compliance. Please be aware that future discharges of wastewater
from your facility are subject to enforcement action from this
Division. You are encouraged to make every effort to insure that
your wastewater system operates continually in compliance.
3800 Barren E>rive, Suite 101 • Raleigh, N.C. 27609
Telephone [phone] • FAX Number [phone]
An Equal opportunity Alfirmutive Action Employer

Mr. Wilbur Bissette
Page -2-
If you have any questions concerning this information, please
contact Mr. Shaffer or Mr. Tim Donnelly at [phone].
z
erely, _
Kenneth Schuster, P.E.
Regional Supervisor
cc: Mr. Fred Alexander- Nash County Soil and Water Conservation
District
Mr. Jay Smith- Nash County Health Department
Mr. Steve Bennett- Regional Soil and Water Coordinator
CAFO files
BISSETTE.LET/KAS

71\

State of North Carolina
Department of Environment,
Health and Natural Re t
Raleigh Regional Office r
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Boyce A. Hudson, Regional Manager
October 7, 1993
Mr. Wilbur Bissette
Route 1, Box 49
Bailey, NC 27807
)A4 a
�.N
IDEHNR
Subject: Compliance Inspection
Bissette Layer Operation
N.C. Route 581
Nash County
Dear Mr. Bissette:
On October 6, 1993 Mr. Karl Shaffer of the Raleigh Regional
Office conducted an inspection of the above named facility. The
inspection was conducted to determine if compliance with state
regulations was being maintained at the facility.
At the time of the inspection, the operation was compliant,
with no evidence of impacts to any adjacent surface waters. The
freeboard in the lagoon was estimated at 18 inches. There was no
evidence of other problems which could lead to water quality
degradation such as leaking pipes or other malfunctioning flushing
system components.
The cover crop used on the wastewater irrigation field is only
in marginal shape. You might consider an overseeding of a cool
season grass to help stabilize this field during the winter. Also,
you should be making every effort to generate additional freeboard,
or storage volume, in the lagoon during the dry fall months. These
two management options will reduce the likelihood of further lagoon
overflows. As you are aware, future discharges of wastewater from
the operation are subject to enforcement action from this Division.
If you have any questions concerning this information or the
site inspection, please contact Mr. Karl Shaffer at [phone].
Sincerely,
Kenneth Schuster, P.E.
Regional Supervisor.
cc: Nash County Health Department
Nash County Soil and Water Conservation District
CAFO Files
CAFOI,INS.
3800 Barrett Drive, Sulte 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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DIVISION OF
North Carolina Department of Natural LAND RESOURCES
Resources &Community Development Stephen G. Conrad, Director
Box 27887, Raleigh 27611
.lames B. Hunt, Jr., Governor Howard N. Lee. Secretary Telephone [phone]
June 5, 1980
Mr. Wilbur Bissette
Route 1
Bailey, North Carolina
RE: Approval to Impound
Wilbur Bissette Dam
Nash County
Dear Mr. Bissette:
This concerns the subject dam you recently constructed offstream of
an unnamed tributary of Haw Branch in Nash County pursuant to approval
for construction on July 12, 1979 as required by the Dam Safety Law of 1967.
"As -Built" plans and specifications and the engineer's certification
were received on May 9, 1980. The dam was certified by the U.S.D.A. Soil
Conservation Service.
A final inspection of this dam was made by John Holley of the Land
Quality Staff on May 22, 1980.
The dam was found to be in compliance with approved plans and
specifications and you may impound water provided all denuded portions of
the dam and its general work area be properly dressed and provided with a
permanent ground cover sufficient to restrain erosion by October 1, 1980.
Please note that this "certificate of operation" is not transferable.
The Land Quality Staff will make periodic inspections of this dam to assure
that the dam is being maintained in good operating condition.
:• SGC : gf
cc: John Holley /
William B. Thayer
Very truly yours,
Stephen G. Conrad, Director
r -
r..
.. l.n_;L:
Geological survey Section-733-2423: Geodetic Survey Sect Ion —733-3836; Land Quality Sect ion-733-4574; Planning and Inventory Section-73&3833.,
Land Resources Information Service_733.2090,
•.. 1r_, .I Rwws..l..w.r.. Ilfi..wn..... I.r,..w ♦w. w l­,

KEMRANDtM
TO: }
FROM;
SUBJE
Date
MAY 31980
RALEIGH REG1J,yAL OFFICE
Please inspect the above mentioned dam for compliance
with the "As Built" drawings. Upon your approval we will issue: a
permit to impound.
Attachments

rQ^7Ier 7-N
0 CONS-:IIF CONSERVATION PLAN MAP
amor— . UNITED STATES DEPARTMENT OF AGRICULTURE SOIL. CONSERVATION SERVICE
cooposting with
z OUR Sa M ST1IMrN ra t»•«wr.� al.Mw
pwm _ V1r' 1 L g J Q A ti .- Plan No. DOW
Solo ""'" Auoa
Na 5 n �tf � MM+nwd.
s -
c f Photo No. �, -- - - --
ftmv
lya v,r 13). a. 1'7 r- � � W-a6 TALr s � J
aa �
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t
' .. RECEVEC) MAr#]s
POULTRY WASTE SYSTEM - WILBUR L. BISSETTE s
This waste system is designed to handle the waste from 52,000 laying
hens. The basin is a combination lagoon and holding pond. The
holding period is for three months. When the basin is completed
and filled, the water level should be maintained between the lagoon
level elevation and the bottom of the 25 year storm elevation. The
SCS Technician will locate these two elevations on a permanent
marker when construction is completed.
Waste should be pumped from the basin and utilized on agricultural
crops periodically.
Before construction begins, all woody material shall be removed from
the basin and embankment areas.
Lower portion of the area should be drained as well as possible to
ease construction.
An SCS Technician will check the open core for adequate depth.
b"x

GOOI+� ., , . •
Distance from nearest residence
Soils Number of Animal. Units or Total lbs._ ,
Type Lagoon Ah a,rs�, Kind of animas_C�f,': t
-'—
Volume�, f10�� Units ;. /S�fC. �,� cu. yds.
27
HOLDING VOLUME (waste + rain + 25-year storm)
Period ,3 1�0Watershed r, acres
Waste - L cu. yds., rain �!,/�� cu. yds..14G�sy
25-yr. storm of 3 •
Total_�p �, cu. yds.
LAND DISPOSAL 3c:,f total acres
6r, [ ,9. ar 7 r� i
3 Ff c, raL� a, - ;^ /
e aye 4 n a rna s S vF J'Apo q e r-(-UPn _ e 4
FERTILIZATION & SEEDING =? acres
Lime J-- Fertilizer
Seed 4-r,Mulch..... /,'0
.3 :?_o i .7Ji cam- a s-- 7aer_
Length `' 73 ' + Width )3 I Toga Width 1 Z 1
Top of fill - - _ _ - _ - elev. �,5; p
Top of holding volume - - - - elev. Y 3.
Top of lagoon volume - - - - elev. 3
Bottom of lagoon - - -- - - - elev.
Emergency spillway - - - - -- elev._ _/G'� <:.�� i-, .�,�:c.�'
Interior side slopesA7�ja :5 ,S,��Pas
7
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
-------------------
ritw.--- --------------------------
Ne
CN"kfd .. ............. G�
5CS-ENG-313A REV 8,75
-•-,-�_"""___ _•_. ..__--r_.r_.... r_r.rr.-,-•r_r�,......-:r.r_�—•_T'"rr-�_�,-..�....r__..-..-t...r-...r..�.-�. r:-r. _.. ....-ate-. �. .��.....-.-.._.. �i=_r'-•r=:f.-.': ia:p':i=i=f_F'_::'. '..+ r-.fs"i...J..:;.-:"::

Animal. Waste System
N
2-64 jam$ in�ss
Locat icrw Ilan
�oC.�c 1.arr: e ►-.
To S�� �; .r/ � S f rivOff
cl'v
78.1
3,5
Sketch Sheet 2 of 2
,T_-..a.
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,411

/S. Department of Agriculture NC-ENG-13b(JS)
Soil Conservation Service 4/76
SPECIFICATIONS FOR CONSTRUCTION OF PONDS AND RESERVOIRS
Clearing: All trees and brush shall be removed from the impoundment area before any water is
impounded. Whenever practical. this clearing should be delayed until after the dam is built to
hold erosion and downstream sedimentation to a minimum. Stumps may be removed or trees may be
sawed off as low as practical and stumps left standing. . - ,
The foundation of the impoundment structure (dam) shall be cleared of all trees,
stumps, roots, brush, sod, and debris. All stumps and all roots exceeding one (1) inch in
diameter shall be removed to a minimum depth of one (1) foot. Satisfactory disposition will be
made of all debris.
After clearing is completed the foundation area shall be loosened throughly and
roughly leveled, with suitable equipment, before placement of any embankment material.
Cutoff Trench: A cutoff trench shall be excavated as shown on the plans. The cutoff trench
sfiall Ee ac filled in thin layers, not to exceed 8 inches in depth. All standing water shall
be removed from the trench before backfilling is started.
Embankment Construction:' The material placed in the embankment shall be free of sod, roots,
stones over 6 inches In diameter, and other objectionable materials. The fill material shall be
placed and spread' over the entire fill in .layers not to exceed 8 inches in thickness. Con-
struction of the fill shall be undertaken only at such times that the moisture content of'the
fill material will permit a reasonable degree of compaction. The responsible SCS technician
shall be responsible for moisture determination.
Fill Materials: Borrow areas will be designated on the plans and assigned priority (1, 2, 3.
etc.). Alli material shall be taken from these designated areas. SCS technicians will advise
the contractor regarding the maximum depth of cut in each borrow area. The contractor will not
exceed this depth. In the event this depth is exceeded in the impoundment area, it shall be the
responsibility of the contractor, without additional cost to the landowner, to cover the exposed
area with a minimum of 2 feet of impervious material.
Riser r4 Conduit Pipe: When it is indicated on the plans that a riser and conduit pipe are re-
qu re , t ey must installed as a complete unit. The inlet of the riser should be protected
by an inverted bucket -type, or an equally effective type, of trash rack. The conduit shall be
placed on a firm foundation. Selected backfill material shall be placed around the riser and
conduit pipe in layers not exceeding 4 inches and each successive layer throughly compacted.
Anti -See Collars: Anti -seep collars will be of materials and dimensions, and located as shown
n the plans where specified. -
Vegetated Spillway(s): Spillway(s) will be excavated in undisturbed earth to the dimensions,
grades, slopes, and location as shown in the plans and as staked upon the ground.
Pollution Control During Construction: Stripping of embankment and borrow areas shall be done
as they are needed n a normal sequence of construction. Use temporary mulch protection on all
disturbed areas that are subject -to erosion and will not have substantial additional work per-
formed for 30 days or more. Temporary stream crossing structures will be used where fording of
streams will cause excessive sediment pollution. Protection against pollutants such as
chemicals, fuel, lubricants, sewage, etc., will be provided during construction.
Vegetation: All exposed embankment. spillway, and borrow area shall be seeded to an adapted type
0 of egetation as soon as possible after construction.
(continued on back)
-1-

GENERAL
These specifications are to be made a part of detailed engineering plans of the proposed
embankment, spillway(s), and reservoir.
No changes nor deviations from these plans and specifications shall be allowed without a
written amendment, in advance of change, from the responsible technician of ine Soil Conservation
Service.
All facilities for impounding crater small ccagrly strictly with all state and local laws
regulating such activity.
The Soil Conservation Service makes no warranty, expressed or implied, of the impounding
structure or the water holding ability of such a structure.
RESPONSIBILITIES OF:
A. Landowners:
The landowner will acquaint himself with the provisions of these plans and specifications to
determine that the completed structure will fulfill his present and future needs. Inspection
during construction will be the resp�,.nsibility of the landowner.
He may r"uest inspection by SCS employees during construction and upon completion of work.
Where benefits are to be received from Government agencies, or when the dam falls under the
Dam Safety Law of 1967, inspection and approval by SCS employees are mandatory.
B. Contractors:
The contractor will acquaint himself with the provisions of these plans,and specifications,
conditions at the site that may affect his schedule of operation, and the location and meaning
of all stakes on the site. Failure to do so will not relieve him of the difficulties and cost
pursuant to satisfactorily completing the work-in compliance with these plans and specifications
and any written or verbal contract with the landowner. All bench marks, grade and line stakes
will be left undisturbed and protected by the contractor to facilitate construction and in-
spection.
The contractor, weather permitting. will schedule his work so that he will start on the
agreed date and work will be a continuous operation until satisfactorily completed. All dama' es
occurring to completed work or materials, by the elements or otherwise, during construction, will
be the responsibility of the contractor. Partial or damaged work and/or replaced materials
damaged from any cause will be paid for by the contractor. Absence of inspections during con-
struction will not relieve the contractor from completing the work in strict compliance with
these plans and specifications. I
Upon completion of the work, before moving his equipment, the contractor will request a
final inspection by the landowner and an employee of the SCS. The contractor will then receive
approval that all work has been completed satisfactorily and/or he may complete those items that
vary from the plans and specifications in order that a final inspection -will result in approval.
C. U. S. Department of Agriculture --Soil Conservation Service:
The united States and its employees are in no manner a party to any verbal or written
contract between the landowner ind the contractor. SCS employees, within limit of personnel
available, will inspect and advise on technique during construction to assure satisfactory
compliance with the plans and specifications.
SCS employees will, upon reasonable notice, conduct a final inspection for strict.com-
pliance with all plans and specifications concerning this structure. Inspection will determine
the satisfactory completion of work so that (a) approval may be given for the eligibility of the
landowner to receive benefits from any Government agency concerned with this structure, (b) final
payment may be made to the contractor, and (c) the pool may be filled under the provisions of
the Dam Safety Law of 1967.
-2-

.:r
North Carolina Department of Natural
Resources &Community Development
James 8. Hunt, Jr., Governor Howard N. Lee, Secretary
July 12, 1979
Mr. Wilbur Bissette
Route 1
Bailey, North Carolina
Re: Wilbur Bissette Dam
Nash County
Dear Mr. Bissette:
DIVISION OF
LAND RESOURCES
Stephen G, Conrad, Di ector
Box 27687, Raleigh 27611
Telephone [phone]
This is in response to your submission on June 4, 1979 of plans
and design data for a proposed dam in Nash County off -stream on an
unnamed tributary of Haw Branch in compliance with the Dam Safety
Law of 1967. These plans have been reviewed by concerned State
agencies and their comments have been received. These plans have been
prepared under the supervision of the U.S.D.A. Soil Conservation Service.
This letter constitutes approval of your proposal to construct
a dam according to the plans submitted to this Division on June 4, 1979
with the following stipulations:
1. Project construction shall be supervised by the U.S.D.A.
Soil Conservation Service.
2.. During construction the Division of Land Resources may require
such progress reports as is deemed necessary.
3. Upon completion of the project, the U.S.D.A. Soil Conservation
Service shall inspect the completed work and upon finding
(1) that the work has been done as specified, (2) the dam is
safe, shall file with the Division of Land Resources "As -Built"
drawings and a certificate statin-; that the work has been
completed in accordance with appr5ved plans, specifications
and other requirements.
4. No water shall be impounded behind the dam until after final
approval is issued by the Division of Land Resources for
operation of this dam.
Geological Survey Section-733-2423; Geodetic Survey Section--733-3836; Land Ouality Section-733.4574; Planning and Inventory Section-733.3833;
Land Resources Information Service-733-2090; Soil and Water Conservation Section-733-2302
An Equal Opportunity Affirmative Action Employer

Mr. Wilbur Bissette
Page 2
5. You must notify Mr. John Holley, P. 0. Box 27687, Raleigh,
North Carolina ten days before the start of construction.
The Dam Safety Law requires that project construction commence
within one year from the date of this approval letter, or the approval
is void.
Very truly yours,
S -4. '5' �-Ow" 4'
Stephen G, Conrad
SGC:gf
cc: John Holley -
William B. Thayer

Ally 9. 1979
too sae 31aveael
7=3 Jahn L. jr,,
sULTSC 1 MMmr L. 8issette Lagoon
Fash Cosmty
I have sample ed a preliminary retiev of the above mmtiamed strw%wme
strictly fVn a visual standpoint, it Opp*&" Uat Uw IAW hasani
alawsifiaatiou is appropriate far the strwtare.
In &=tIom. I also noted that as plans Qall for the installation of a
rock barrier within the ahsanel dawastream trom the dam. This measuarea
If intendad as au erosiam cautrol devise during aonstruatiou, data sot
appear to be ns adequate device.
jw/ant

0
4v -
r�,^-fr;•.:;ram .,,t-:-,rr= ',rti':
Date:
MEMORANDUM
TO: 70�-,,
FROM: S �..�.. Ue a �x.►�•�
SUBJECT: [.��ti1p,,,r L, �QSs���- La�oo•�
Please investigate the appropriateness of the
hazard classification for the above dam.
may have.
files.
1 am also interested in any other comments you
You may retain the enclosed plan copy for your
We need your comments by TO 3 3
l 10�e'Sf
a

i
RECEIVED MAY 3 G 1979
[~POULTRY WASTE SYSTEM - WILBUR L. BISSETTE
This waste system is designed to handle the waste from 52,000 laying
hens. The basin is a combination lagoon and holding pond. The
holding period is for three months. When the basin is completed
and filled, the water level should be maintained between the lagoon
level elevation and the bottom of the 25 year storm elevation. The
SCS Technician will locate these two elevations on a permanent
marker when construction is completed.
Waste should be pumped from the basin and utilized on agricultural
crops periodically.
Before construction begins, all woody material shall be removed from
the basin and embankment areas.
Lower portion of the area should be drained as well as possible to
ease construction.
An SCS Technician will check the open core for adequate depth.
RECE1vED
SUN 419�a
jkftTH RESOO�CtS
Dtv, OF F UALM�Y.S�cT10�
LAND Q
L
I

SCS-WHS-328 &w. 7-69
(File CWt 46NS-14) CONSERVATION PLAN "P
--.&'
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
cooperating with
141 V, r-
OUR SK *'M STRIENOoishickTH S
owm i Lg 3 R '"A i S ETTE Plan No. Date
Scale Acres
Photo No.
13 Llor—r Sk,
w
� % 3:
1. V 6 5 r

LAGOON
Distance from nearest
Soils � Numbor of Animal Units or 'fatal lbs.
Type :Lagoon An g 17w,c,b) e Kind of animaJ�s_
Volume Z - Units X it. - cu. yds.
27
HOLDING VOLUME (waste + rain + 25-year storm) F
Period a moo, -Watershed acres
Waste_ cu. yds., ra#�i� `.!'��-, cu. yds. XC�ss
25-yr. storm ..2
Total ---#42 cu. yds.
DISPOSAL 3 w g total acres
D Y_ —
P A, F Ark a11z pi b - lnP00,1 e rl L ell �s,
FERTILIZATION & SEEDING acres
Lime a Fertilizer
r
Seed, Mulch Al
�f?17�G`t C� •,—�"_t� �.. � .._. " 7•(�» �i�_����. .•.��•., ,y,,, r.�•���A.r - )C� � _�Q �-r-,. e. i�
Length'' 7.3 Width �'rq, 'ion Width j Z
Top of fill - - - - - - - - - elev.,0
Top of holding volume - - - - elev.
Tap of lagoon volume - - - - elev.
Bottom of lagoon - - - - - - elev. '- /,
Emergency spillway - - - - - -elev.
Interior side slopes _ j��� ��7� �� or s�c
1 ,S,ta }
?CryA k,��._I��
7 A,
.r- U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
rAoWp..d 4
!raced ..... __.. .. ... ___..__ ..
KO
thee.* .. ....... ... ....... ..........
Sc5-ENG-V 3A RF V 8 75

=hobo=
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w

-�_. —I-•-1 I + F-.i .� __ .• r � � I o I � .I. � I i... I i i � i ..I ... '
? ,�r�t 1..'}..�_.tC�.a►121'_14.1_... /'°/_�:r1.', .'.1_: '_' ,mil:/ r `�t;.rf��i?.; "`.J,l ( C�at..JJ
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}
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. 71 ;.:
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e
41
JUN'4�r7n:
Div. OF.EARTH1RESOURCES j { 1 QUALITY �
LAND a rU7d � SEG`'
-i J. : .� I'a
• 1 _il I { f i � � -Yi{j♦ : i'�- ,h -1 I h 1 ' � � � I � .� r ° ' f i — J � ;
I'-i'-f -"'.?. 1 .I-_• _ ,. . , ', 1 - ..� ; : j .I 1 i , ;� I I f I

SCS-ENG-538
U. S. DEPARTMENT OF AGRICULTURE
4&v. 5.70
SOIL CONSERVATION -SERVICE
SOIL INVESTIGATION ' TO
DETERMINE SUITABUTY -OF PROPOSED POND SITE
FARMEWS NAMF__In�_-,
DISTRICT
7
I
L . .
�.`
.1.
WATEASHEZ AUA KEAWREVENTS
CROPLAND— . ACRES PASTURE _' ACRFS!
'WOODLAND —ACRES TOTAL —ACRES ;L$jj1uu'q5=
8 . KETCH OF PROPOSED POND SHOWING WHERE BORINGS WERE MADE (Approx.'Walo 1" --feet)
Locate reference, point "m center line of dam and Idonfify on sketch.
■■e■■M■■■■■■
■■rrrr■■■■■■■
Ems
M
mi.
IMEMBEEMMEENIMEMINMEMENE
EM01900■
MINNIMMUMMME
E
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IMMINIMMIMMINEMSE
MMIMs®
■■
■■■
INIMMEEME
MEN
ME
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MMMIEMNM
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OMEN
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;41
, 4:
■
TYPES :OF MATERIAL ENCOUNTERED IN BORINGS
(Use one of system, 5 below)
UNIFIED CLASSIFICATION
USDA CLASSIFICATION
GW -Well graded gravels; gravel, -asad mix
g- gravel
GP -Poorly graded gravels
0 - sand
GM -Silty gravels, gravel -sand -silt mix
vfs -very fine sand
GC - C4yoy gravels; gravel -sand -clay mix
S* -Well graded sands; sand-v4vel mix
sl- sandy loam
fal- fine sandy loom
SP-Poorly . graded sands
I -. loom
SM -Silty sand
gI - gravelly loam
SC -Clayey sands; sand -clay mixtures
si - silt
,VL - Silts; silty, v. fine Bands; sandy or clayey silt
ail - silt loam
CL - Clays of low to medium plasticity
cl - c lay loam
CH - Inorganic clays of h16 plasticity
sicl - silty clay 19sm
Wi - Elastic -outs
scl -sandy clay loam
OL -Organic silts and silty clays, low plasticity
sic -silty clay
OH- Organic clays, medium, to high plasticity
c.clay
1. Suitable material for embIt is available Ez3yeo ED No 11fidiceir when /-=is* th. Aftch on
- -.do"
RZM*RKI�.
46
L Explain hazards requiring special attention in design rSewnocwfto..,,kkj
GENETUX REMARKS.
5,
Core- 6
SG rol 64 V f 'I A% 0
26
26-
27
228
29
30
31
32
331134E35
361371381391140
41142
43
44
1 45
P 46
147
48140
50
151
I f
I
7..

GENERAL
These specifications are to be made a part of detailed engineering plans of the proposed
embankment, spillway(s), and reservoir.
No changes nor deviations from these plans and specifications shall be allowed without a
written amendment, in advance of change. from the responsible technician of the Soil Conservation
Service.
All facilities for impounding water shall comply strictly with all state and local laws
regulating such activity.
The Soil Conservation Service makes no warranty, expressed or implied. of the impounding
structure or the water holding ability of such a structure.
RESPONSIBILITIES OF,
A. Landowners:
The landowner will acquaint himself with the provisions of these plans and specifications to
determine that the completed structure will fulfill his present and future needs. Inspection
during construction will be the responsibility of the landowner.
He may request inspection by SCS employees during construction and upon completion of work.
Where benefits are to be received from Government agencies, or when the dam falls under the
Dam Safety Law of 1967, inspection and approval by SCS employees are mandatory.
B. Contractors:
The contractor will acquaint himself with the provisions of these plans and specifications,
conditions at the site that may affect his schedule of operation, and the location and meaning
of all stakes on the site. Failure to do so will not relieve him of the difficulties and cost
pursuant to satisfactorily completing the work-in compliance with these plans and specifications
and any written or verbal contract with the landowner. All bench marks, grade and line stakes
will be left undisturbed and protected by the contractor to facilitate construction and in-
spection.
The contractor, weather permitting, will schedule his work so that he will start on the
agreed date and work will be a continuous operation until satisfactorily completed. All damn es
occurring to completed work or materials, by the elements or otherwise, during construction, Mll.
be the responsibility of the contractor. Partial or damaged work and/or replaced materials
damaged from any cause will be paid for by the contractor. Absence of inspections during con-
struction will not relieve the contractor from completing the work in strict compliance -with
these plans and specifications. 4
Upon completion of the work, before moving his equipment, the contractor will request a
final inspection by the landowner and an employee of the SCS. The contractor will then receive
approval that all work has been completed satisfactorily and/or he may complete those items that
vary from the plans and specifications in order that a final inspection will result in approval.
C. U. S. Department of Agdculture - Soil Conservation Service:
The United States and its employees are in no manner a party to any verbal or written
contract between the landommmer dnd the contractor. SCS employees, within limit of personnel
available, will inspect and advise on technique during construction to assure satisfactory
compliance with the plans and specifications.
SCS employees will. upon reasonable notice, conduct a final. inspection for strict,com-
pliance with all plans and specifications concerning this structure. Inspection will determine
the satisfactory completion of work so that (a) approval may be given for the eligibility of the
landowner to receive benefits from any Government agency concerned with this structure, (b) final
payment may be made to the contractor, and (c) the pool may be filled under the provisions of
the Dam Safety Law of 1967.
lIV40

U. S. Department of Agriculture NC-ENG-13b(,1S)
Soil Conservation Service 4/76
SPECIFICATIONS FOR CONSTRUCTION OF PONDS AND RESERVOIRS
Clearing: All trees and brush shall be removed from the impoundment area before any water is
mpunded. whenever practical, this clearing should be delayed until after the dam is built to
hold erosion and downstream sedimentation to a minimum. Stumps may be removed or trees may be
saved off as low as practical and stumps left standing.
The foundation of the impoundment structure (dam) shall be cleared of all trees,
stumps, roots, brush, sod, and debris. All stumps and all roots exceeding one (1) inch in
diameter shall be removed to a minimum depth of one (1) foot. Satisfactory disposition will be
made of all debris.
After clearing is completed the foundation area shall be loosened throughly and
roughly leveled, -with suitable equipment, before placement of any embankment material.
Cutoff Trench: A cutoff trench shall be excavated as shown on the plans. The cutoff trench
shall e bacFfilled in thin layers, not to exceed 8 inches in depth. All standing water shall
be removed from the trench before backfilling is started.
Embankment Construction The material placed in the embankment shall be free of sod, roots,
stones over 6 1ncFe_s__Fn diameter, and other objectionable materials. The fill material shall be
placed and spread' over the entire fill in. layers not to exceed 8 inches in thickness. Con-
struction of the fill shall be undertaken only at such times that the moisture content of the
fill material will permit a reasonable degree of compaction. The responsible SCS technician
shall be responsible for moisture determination.
Fill Materials: Sorrow areas will be designated on the plans and assigned priority (1, 2, 3,
etc.). All fill material shall be taken from these designated areas. SCS technicians will advise
the contractor regarding the maximum depth of cut in each borrow area. The contractor will not
exceed this depth. In the event this depth is exceeded in the impoundment area, it shall be the
responsibility of the contractor, without additional cost to the landowner, to cover the exposed
area with a minimum of 2 feet of impervious material.
Riser A Conduit Pipe: when it is indicated on the plans that a riser and conduit pipe are re-
qu re , they must Be installed as a complete unit. The inlet of the riser should be protected
by an inverted bucket -type, or an equally effective type, of trash rack. The conduit shall be
placed on a firm foundation. Selected backfill material shall be placed around the riser and
conduit pipe in layers not exceeding 4 inches and each successive layer throughly compacted.
Anti -See Collars: Anti -seep collars will be of materials and dimensions, and located as shown
n t e plans where specified.
Vegetated Spillway(s): Spillway(s) will be excavated in undisturbed earth to the dimensions,
grades, slopes, and location as shown in the plans and as staked upon the ground.
Pollution Control During Construction: Stripping of embankment and borrow areas shall be done
as they are needed n a normal sequence of construction. Use temporary mulch protection on all
disturbed areas that are subject to erosion and will not have substantial additional work per-
formed for 30 days or more. Temporary stream crossing structures will be used where fording of
streams will cause excessive sediment pollution. Protection against pollutants such as
chemicals, fuel, lubricants, sewage, etc., will be provided during construction.
1etation: All exposed embankment, spillway, and borrow area shall be seeded to an adapted type
o vegetation as soon as possible after construction.
RECEIVED
JUN q is-?,,
DIV.OF EARTH RESOURCES
LAND QUALfTY SECT WN
(continued on back)
-1-

UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL C.QNBERVATION SERVICE
SUBJECT Animal Mite Lagoon System a DATE: IIsy,10, 1979
To: her. Wilbur 8issette
at. l
mileyr N.C.
Dow Mr. /tamettes
.
kr, Bill Thayer, area engineer with the Soil Conservation Service
llad this momnig and advised that your animal taste lagoon will
cbaome under the regulations of the Den Safety Law because of the height
of fill.
This will not cause any uajoa charge in the design but mesas that the
design will need to be reviewed by a representative of the Department of
Natural Paso rces and Community Development.
Mr. Thayer tells ere that the design is almost completed. We plan to malice
stove additional soil baringe on Monday, May 14 which old complete the
field work needed for dssign. We also need to determira from you the
location of fields whore you Will pump the effluent from lagoon.
When I receive the proposrd design, I will review with you and if there
are any charges that .you want made, as they wed..t a made before the
design is reviewed by D N R C D.
There are certain time during construction when we road to have some -
ape cheek the site. The two cricical time we wton clearing of debris
from dam site is aompleted and when the core trench is cut.
Wwn the design is prepared, you will probably want to take it to Raleigh
and diseums the design with the repreawative of D N R C D. This weuld
probably speed up the review process and enable you to begin construction
earlier.
bb look forward to working with you to the eowpletion of this project to
assure a quality animal waste system.
ec: Clarence Wilson
W.B. Theyev
Si��ncerely,
��((J IC. ;:1 ',)-1,-ivl .
D.G. Glisson
District Conservatiankst
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-7�

U. .-S.... Npartment of Agriculture 'NC=tk-1206)
Soil Conservation !Service 8/72
VOLUME ESTIMATE FOR EARTH EMBANKMENT
Name
In g,
Address
Embarikment: Top Width Side Slopes p.S I
J,
14 !If
JR
--FILL
STATION
HEIGHT
.(Feet)
END AREA
(Sq.Ft.)
sum OF
END AREAS
(sq. Ft.)
. . I 1�
DISTANCE
(Feet)
DOUBLE
VOLUME
(Cu.Ft. )
4 o_�
a
rC
4- C'
C"
';2
2
Ps
zgo
1. Double Volume of Fill Z' 2— Cu. Pt.
2. Volume of embankment fill tline 1 1 27)= Cu. Yds.
3. Alldwance for settlement (5 or 10% of line 2)= Cu. Yde
4. Total cubic yards -(line 2 + line 3)= Cu. Yds.

U. S, Bepartmer.t,�of---'Agriculture
Soll CoriserVitlbnl Sirvi'ce
8/72
i
VOLUIM ESTIMATE FOR EARTH EMBANKMENT
Name
Address
Embankment. Top Width /2, Side Slopes S
SUM or DOUBLE
STATION
HEIGHT
(Peet)
END AREA
(Sq. Ft.)
END ARM
(Sq. Ft. )
DISTANCE
(Feet)
VOLUME
(Cu. Ft.
W-
3
C, J,
J3,7
135
91
if 4�
-L, 0
1. Double Volume of Fill 2— Cu. Pt.
2. Volume of embankment fill [line 1 4: 27)= Cu. Yds.
3. Allowance for settlement (5 or cMF% of line 2)= Cu. Yds.
4. Total cubic yards (line 2 + line 3) Cu. Yda.
Computed by 4/ :2 Date

I
S
k-ENG-12(JS)
U. Depaitment";of 'Agriculture
Soil Consetvatiov-Service 8/72
VOLL4tR ESTIMATE FOR EARTH 4MMNXNMT
Name
Address
Embankment:1 Top Width Side Slopes
STATION
'FILL
HEIGHT
(Feet)
END AREA
(Sq. Ft.)
sum OF
END AREAS
(Sq.Ft.)
DISTANCE
(Feet)
DOUBLE
VOLUME
(Cu.Ft. )
4
2- LEO
3�
.4
a
F F
1. Double Volume of Fill 2- Cu. Pt.
2. Volume of embankment fill [-line 1'! 27)= Cu. Yde.
3. Allowance for settlement (5 or 10% of line 2) = Cu. Yds
4. Total cubic yards (line 2 + line 3}= Cu. Yda.
Computed by
Date

U,:- Sti *ar'tmen of Agriculture NC-ENG-12 (JS)
' Soil�'Coweivat'i'i n Sorvice 8/72
VOLUME ESTIMATE FOR EARTH
Name,
Address
Embankment: Top Width Side Slopes
STATION
FILL
HEIGHT
( Feet)
END AREA
(Sq. Ft.)
SUM OF
END AREAS
(Sq. Ft.)
DISTANCE
( Feet)
DOUBLE
VOLUME
(Cu. Ft. )
.
y7s
so
1. Double Volume of Fill ; 2 = Cu. Ft.
2. Volume of embankment fill Cline 1 ' ; 27)=Cu. Yds.
3. Allowance for settlement (b or 10% of line 2) = Cu. Yds.
4. Total cubic yards ( line 2 + line 3) = Cu. Us.
Computed by -- Date '' "

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COMPLAINT FORM
DATE RECEIVED: S TIME: % 3 DEM CONTACT: C7a v re T
COMPLAINANT: recce r STYE C C kA d PHONE NUMBER:
STREET ADDRESS: /►
" COMPLAINANT'S STATE ROAD #: D aa,& Td (SF 866)
NATURE OF COMPLAINT: Cl 0 J OA I, OA, h .�
LOCATION OF CO LAI jNT (DIRECTIONS; INCLUDE STATE ROAD r#):
C.
Cam: r%�I fir lQr'f/t ,���✓__ ..
r ,1

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
April 30, 1987
Mr. Wilbur Bissette
Route #1
Bailey, North Carolina 27807
R. Paul Wilms
Director
Subject: Designation of Concentrated Animal
Feeding Operation
Wilbur Bissette Poultry Farm
Bailey, North Carolina
Nash County
Dear Mr. Bissette:
This letter is to notify you that the Wilbur Bissette
Poultry Farm is hereby designated a concentrated animal
feeding operation in accordance with Title 15, North
Carolina Administrative Code 2H .0123, and adopted Federal
Regulations 40 CFR 122.23. The designation of your
operation was based on inspections conducted on March 6 and
9, 1982, by members of the staff of the Raleigh Regional
Office. These inspections showed that you had established a
concentrated animal feeding operation requiring such
designation based upon the following facts:
1. Discharge of wastewater was observed from the
wastewater treatment lagoon by means of a culvert
in the dam into an unnamed tributary to Turkey
Creek, a class "C" stream.
2. Based upon your figures, there are 100,000
chickens on the farm.
A National Pollutant Discharge Elimination System
(NPDES) permit is required for discharges of waste to the
surface waters of the State. However, if you can
permanently eliminate the discharge by implementing changes
within sixty (60) days of your receipt of this notice,
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Wilbur Bissette
April 30, 1987
- page two -
including, but not limited to, modifications to lagoons and
the implementation of a final waste disposal plan, a permit
application will not be required. If compliance has been
achieved, you must notify us in writing within sixty (60)
days describing, in detail, the changes or modifications you
made.
If the discharge of waste to the surface waters of the
State is not permanently eliminated within sixty (60) days
of receipt of this notice, an NPDES permit application must
be submitted within that time.
Permit applications should be submitted, in duplicate,
to the Director, Division of Environmental Management, Post
Office Box 27687, Raleigh, N.C. 27611. Assistance, if
desired, can be obtained by contacting Mr. Jack Floyd, 3800
Barrett Drive, Suite 101, Raleigh, N.C. 27609, (919)
733-2314. The applications should be accompanied by
construction plans for the nondischarging animal waste
management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated
Animal Feeding Operations 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit Application
- Short Form B.
If you need advice or technical assistance with regard
to managing animal waste, you should contact your county
extension chairman or North Carolina State University's
Department of Biological and Agricultural Engineering at
[phone].
If you wish to contest this Designation, you must
request an administrative hearing within thirty (30) days of
your receipt of this Notice. This request must be in the
form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the
office of Administrative Hearings, Post Office Drawer 11666,
Raleigh, North Carolina 27604. A copy of the Petition
should be filed with this office.

0
Mr. Wilbur Bissette
April 30, 1987
- page three -
If you do not request an administrative hearing, this
Designation will become final in thirty (30) days.
A copy of this letter is being sent to agricultural
agency representatives for information and to aid them in
providing cooperative assistance. Should you have any
questions regarding this matter, please do not hesitate to
contact us.
Sincerely,
R. Paul Wilms
RPW:JF:cs
cc: Mr. Jack Floyd
Ms. Carolyn D. McCaskill
Nash County Agricultural Extension Service

DIVISION OF ENVIRONMENTAL MANAGEMENT
April 29, 1987
M E M O R A N D U M
TO: L. Page Benton, Jr.
Deputy Director
THROUGH: George Everett
Water Quality Section Chief
FROM: R. W. Van Tilburg
Regional Supervisor
SUBJECT: Designation of Concentrated Animal Feeding
Operation
Wilbur Bissette Poultry Farm
Bailey, N. C.
Nash County
Enclosed is supporting documentation and a -letter for
the Director's signature designating the subject facility as
a concentrated animal feeding operation. After
investigation of the subject facility, it has been
determined that a permanent discharge outlet exists from a
wastewater lagoon discharging into an unnamed tributary to
Turkey Creek; a class "C" stream. Two complaints were
received concerning a fish kill. There is evidence that the
Bissette lagoon is a significant contributor to the fish
kill.
If additional information is needed, please advise.
RWVT:JF:cs
Enclosures

•
Concentrated Animal Feedlot Operation Report
Prepared by: Jack Floyd
Date Prepared: April 13, 1 87
c6
County: Nash
1. Facility: Wilbur Bissette Poultry Farm
Route #1, Bailey, N.C.
2. Phone Number: unknown
3. Owner: Mr. Wilbur Bissette
4. Date of inspection: March 6, 1987
March 9, 1987
5. Directions to site: N. C. 581 just south of Bailey
6. Receiving Stream: UT to Turkey Creek
7. Stream classification: "C" waters
8. River basin and sub basin: 03-04-07
9. Latutude: 3504512611
Longtitude: 780071171"
10. Approximate upstream drainage area: .25 sq. mile
11. Type of operation: poultry farm, broiler production
12. Number of animals: 100,000 chickens
13. Number of animal units: 3334 (30 chickens/1AU)
14. Nature of discharged substance: chicken wastewater
from a 1.5 acre treatment lagoon.
15. Amount and duration of discharge:
- approximately 245,000 gallons discharged
- over a 2 day period
16. Cause of discharge and downstream affects:
- discharge was a result of a moderate rainfall event,
however, apparently not a 25 year-24 hour rainfall.
A culvert was made into the side wall to facilitate
an overflow.
- discharge caused a fish kill in a neighboring pond -
approximately 200 fish dead. A noticeable adverse
affect was observed downstream of the fish pond.

17. Means of conveyance of discharged substance into
surface waters:
A culvert was constructed to allow for an overflow.
18. Are pollutants discharged into navigable waters through
a man-made ditch, flushing system, or other similar
man-made device? No
19. Are pollutants discharged directly into navigable
waters which originate outside of or passes over,
across, through or otherwise come into direct contact
with the animals confined in the operation? No
20. Current method of wastewater disposal:
-spray irrigation onto farmland.
21. Attach map.
Report:
Mr. Wilbur Bissette owns and operates a poultry farm
south of Bailey, N. C. in Nash County. All wastewater from
this poultry farm is collected in a 1.5 acre lagoon for
treatment. Ordinarily wastewater is spray irrigated on
adjacent land as needed. However, the lagoon was
constructed with an overflow channel in the event of heavy
rainfall. Discharge of wastewater is into an unnamed
tributary to Turkey Creek, a class "C" stream which is
tributary to Camp Charles Lake.
On March 4, 1987, a complaint was received by the
Raleigh Regional Office of a minor fish kill on a
neighboring pond. Investigations of March 5, 1987 and March
6, 1987 revealed significant fish mortality in a pond
approximately 1000 feet downstream of the discharge point.
Catfish, bass and brim were found littering the shore,
approximately 200 in number. Samples taken March 5 & 6,
1987 revealed significant impact due to the discharge (Table
1).
March 5, 1987
BOD = 34 mg/l
point 2: fecal coliform = 2100 /100 ml
upstream of Strickland Pond NH3 as N = 41 mg/l
TKN as N = 55 mg/l

EE WET)
Division of Environmental Management
• CHAIN OF CUSTODY RECORD pA1R
For Investigation of EA,��74'�P nm r f .a •IQi`AL
Samples collected collected and DKI forms completed
ub Unly Station.
Lab No. No. Station: Location
by:
Date
No. of
Time Bottles
0 5
= O
e3
Re u
hed
a urea
R c
ived y(Sigaat r10 s r
Date T e
Re
Roc
by
Rel
Rae
by
Rel
-
Ron
by (Lab)
/
Method of Shipment:
Secur ty
Seal b
T ypt and Condition Lock b
Broken Sys
gpen b s
i A% flew AWT V
Lab No.
From
-7trouitb'

March 6, 1987
Point 2: Temp. = 170C
Dissolved Oxygen = 1.5 mg/1
Conductivity = 410 umhos
PH = 7.91 S.U.
Point 1:
Point 3:
Point 4:
Table 1.
Dissolved Oxygen = 6.1 mg/1
conductivity = 295 umhos
PH = 7.1 S.U.
Dissolved oxygen = 9.0 mg/l
conductivity = 165 umhos
D.O. upstream of discharge = 10.0 mg/1
D.O. of discharge = 1.5 mg/l
D.O. 100 feet downstream = 5.8 mg/l
A follow-up inspection was conducted on March 9, 1987.
Adverse impact was observed from the continuous discharge.
Mr. Bissette was proceeding to reduce discharge by placing
the spray irrigation system into operation.
Table 2 provides the results of samples taken 75 feet
downstream of discharge.
March 9, 1987:
BOD = 360 mg/1
Fecal Coliform = 160,000/100 ml
Fecal Strep Coliform = 26,000,000/100 ml
NH ad-B- 320 mg/1
3 C.5 Q
Tall a 9 _
These results conclude that adverse impact due to the
discharge is occurring. The fecal strep coliform count is a
direct measurement of bacteria found in warm-blooded
animals, representative of the nature of wastewater
discharged.
Mr. Bissette's poultry operation had also apparently
caused a minor fish kill in February, 1986. Investigation
revealed a discharge from the waste lagoon entering the
tributary again. According to file memorandums, the
discharge was ceased.

During the inspections of March, 1987, Mr. Bissette was
less than cooperative with the Raleigh Regional Office
staff. Staff was never denied entry, however, cooperation
in trying to minimize the discharge was less than adequate.
During our March 6, 1987 meeting, Mr. Bissette was served
with a field Notice of violation which he refused to accept
and sign.
Mr. Bissette should take measures to eliminate the
discharge from the wastewater lagoon. The March, 1987
episode was not the result of a heavy rainfall event,
however, it may have been a contributing factor. As the
presence of an overflow channel with the capability of
discharging untreated wastewater to the surface waters and
the potential for great degradation of the surface waters is
present, the Raleigh Regional Office recommends that Mr.
Bissette poultry operation be designated a concentrated
animal feeding operation which will subject him to the
requirements of the NPDES Permit Program.

Division of Environmental Management
CHAIN OF CUSTODY RECORD 'En� � 1ED
For Investigation of �/
Samples collected and DKI
forms completed
byt
MAH 14 U 19F -
Lab Only
Lab No.
Station.
No.
Station Location
Date
1
Time
sot�t~lea
?�✓ q G 3
v
P 1
!'
Rali quiahed by(Sigaa ura)t
Received
by(Signatura)t
Date Time
Rellf
Rae
by
Rel
Rae
by
Ral
Rae
by (Lab) /`' ].
3 17 /O 7D�
shod of Shi meat:
Secur tX
Tye a and Condi ioa
Seal by:
Lock b
Broken b i
en b :
?-kit "ICE OMN.
Lab No.
From rou
No.
o aitaers
Aaal sin
Retie niched by,
Received ky
Date Time
1
:a9

0 NOV dov143
North Carolina
Division of Environmental Management
NOTICE OF VIOLATION OF
✓G.S. 143-215.1 &) /• G.S. 143-215.108
G:S. 143-215.75, et seq. G.S. 87-83, et seq.
—"�G . s . l -I3 Q2 /S,1 < —
TO : LJ I _ Ho 5 eAP
(Address)
(Name of -Violator) (City/C unty)
YOU ARE HEREBY NOTIFIED that the undersigned representative of
the North Carolina Division of Environmental Management observed
a violation of North Carolina Environmental Pollution Control
Laws t1at:
��/S,SG'P_ rarm/SC{,af'aP .._/j'J{r} �1ria.rrect �rils��arl/
vl GJ�/s/ast �d
( Location of Violation) A,;._@ or1 NC S7/
on or before marck- 4e , 19 j�- ,
The following facts establish a violation:
h r e-e-j-N a in
You are required to cease the unlawful activity immediately.
The following corrective actions must be taken:
A written response must be filed with the Regional Office at the
address below on or before a..rc)-, I3 , 1914-
6 i�-
NOTICE is given that this and any further violations may result
in enforcement actions, including civil penalties. _ accep�,
all
612,dcl f 40-�(- 611' -
(Date) (Represent a ve's Signature)
I, s_ �,� tsjpy d----------,-hereby certify that I -have--------
personally served a copy of this Notice on:
rr c
at
(Name) { ocation)
+n ,19
• Signature)
egional Office Address:v$DD �arre-
5WA-e, col

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Appendix 1
Inspection Form for Animal Operations
Date of Inspection: March 6, 1987
Name of Owner of Property: (Check Register of Deeds or Tax
office)
Mr. Wilbur Bissette
Name of Operator: same
Address:
Phone Number:
Route #1
Bailey, N.C.
Nash County
unknown
Description of Facility Location (State Road Nos., etc.):
- N.C. 581, one mile south of Bailey
Type of Operation (Examples: farrow to finish, topping,
dairy, swine, cattle, chickens -layers of broilers, turkey
production, etc.):
- broiler production
Number and Type of Animals and Animal Units:
- approximately 100,000 chickens
Length of Time Animals Have Been, Are, or Will Be Stabled,
or Confined and Fed or Maintained in Any 12 Month Period.
-- all year
Are Crops, Vegetation Forage Growth, or Post -Harvest
Residues Sustained in the Normal Growing Season Over Any
Portion of the Lot or Facility?
�•7

0 0
Description of Other Animal Operations in Immediate Vicinity
and Proximity to Same or Other Surface Waters:
- none apparent
Proximity of Facility to Neighboring Houses, Wells, etc.:
- within 1000 feet of homes and wells
Approximate Depth of Groundwater Table in the Area of the
Facility or Discharge:
- less than 15 feet
Proximity of Facility to Surface Waters (provide name and
class of surface waters):
- discharge directly into an unnamed tributary to
Turkey Creek, a class "C" stream in Neuse River
Are Pollutants Discharges into the Waters of the State? If
so, How? (directly or by man-made ditch, flushing system,
or other similar man-made device):
- Yes, waste lagoon has an overflow culvert which
is a direct discharge.
Do or Have Discharges Occurred in Response to a Storm Event
of Less Than a 25-year, 24-hour Intensity? (If yes, include
a brief listing of incidents and suspected causes.):
- Yes, discharge occurred around early March and
late February, 1987 during slight rainfall events.
Primarily occurred from failure to spray wastewater
onto land regularly.
Type of Waste Management (Examples: type of confinement -free
stall barns, sheltered or limited shelter dirt lots, paved
or dirt open lots, swine houses, pasture; type of waste
handling -direct spreading in solid form, slotted floor with
lagoon or pit, single or multi -cell lagoon, aerated lagoon,
land application of liquid manure, spray irrigation,
contractor disposal, etc.)

- Waste disposal consists of single cell lagoon
which is sprayed onto lands.
Condition of Waste Management Facility (rate as poor -good,
no discharge, sufficient freeboard in lagoon, etc. Include
weather conditions during inspection.)
- Lagoon has little to no freeboard, a ditch was cut
into lagoon to allow drainage. Weather was fair
during inspection. Discharge was occurring during
inspection, however, there was no rain for the past
3 days.
Animal Waste Discharge (including photos and witness's
names, addresses, telephone numbers and statements of fact).
1. Received complaint from Woodrow Strickland (919)
235-4164) about fish kill in his pond.
2. Investigation revealed approximately 200 dead
dish (catfish, brim, bass). Pond was found
septic.
3. Evidence of discharge was observed from Bissette
lagoon tributary to Strickland's pond.
4. Breach in Bissette's lagoon was found to be
discharging during inspection.
Water Quality Assessment: (Include description of sampling,
field measurements, visual observations and slope and
vegetative cover of land adjacent to water, extent of
rainfall and other factors relative to the likelihood or
frequency of discharge of animal wastes and process
wastewaters)
1. Water Quality was impacted:
D.O. upstream: 10.0 mg/1
D.O. @ discharge: 1.5 mg/l
D.O. 100 fret downstream = 5.8 mg/1
Temp. = 17 C
2. Tributary to Turkey Creek was septic, very odorous.
3. Slopes are less than 5% with thick vegetation along
creek banks.
4. Previous fish kill was reported in February 1986.

Recommendations Made to Owner/Operator:
1. Begin a more active spraying schedule
2. Prevent lagoon from discharging by repairing
breach.
Recommendations for Further DEM Action: (Re -inspect,
designate, etc.)
1. Proceed with designation of lot. Possibly pursue
enforcement.
2. Will re --inspect
Other Comments:
Mr. Bissette refused to fix lagoon and accept
responsibility for kill. He did not initiate
immediate corrective action to prevent further
discharge.

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