FAIRCLOTH FARMS DISCHARGE AND FISH KILL_ENFORCEMENT_20171231

ENFORCEMENT
NORTH CAROLINA
Department of Environmental Qua

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
MR. LAUCHLIN FAIRCLOTH
FAIRCLOTH FARMS
PO BOX 496
CLINTON NC 28328
�EHNR
August 12, 1996
SUBJECT: Acknowledgment receipt letter
County: Sampson
Case# : WQ 96-01
Dear Mr. Faircloth:
���lG x 5 1996
FAYF NV, MANAGEthTEVILLE t Nr
This is to acknowledge receipt of your check No. 24110 in the amount of $38,406.30
received from Faircloth Farms on August 9; 1996.
This payment satisfies in full the civil penalty. assessed in the matter of case WQ 96-01
and this case has been closed. Payment of this penalty in no way precludes further action
by this Division for additional violations of the State's environmental laws. If you have
any questions please call me at [phone], extension 233.
Sincerely,
Robert L. Sledge, Supervisor
Enforcement/Compliance Group
RLS/bc
cc: Regional Office
Enforcement/Compliance File
Central Files
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

S'-ate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
.tames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 12, 1996
Mr. Lauchlin Faircloth
d/b/a Faircloth Farms
P.O. Box 496
Clinton, NC 28328
SUBJECT: Payment of Fish Kill Damages
County: Sampson
Dear Mr. Faircloth:
A&4
I DEHNF=1
AUG i 1996
ENV. MANAGEMENT
FAYETTEVILLE AEG. OFFICE
This is to acknowledge receipt of your check No. 24109 in the amount of $10,036.10 received from
Faircloth Farms on August 9, 1996.
This payment satisfies in full the fish replacement and associated investigative costs resulting from a
fish kill caused by the discharge of waste potato by-products into Great Coharie Creek on or about June 8,
1996. If you. have any questions about this letter, please call me at [phone], extension 233.
Sincerely,
Robert L. Sledge, Supervisor
Eaforcement/Compliance Group
RLS/bc
cc: Regional Office
Enforcement/Compliance File
Wildlife Resources 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

z)tate'of North Carolina
'Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
JULY 10, 1996
The Honorable D.M. Faircloth
United States Senate
c/o Faircloth Farms
P.O. Box 496
Clinton, N.C. 28329
Re: Response to Notice of Violation
Faircloth Farms
Sampson County
Dear Senator Faircloth:
This office has received your response dated July 8, 1996 to our
Notice of Violation dated June 28, 1996. In this response you
address the measures that Faircloth Farms has and will take to
implement the Best Management Practices outlined in your letter to
this office September 29, 1996. In your letter of July 8 you
requested a reply from this office regarding the status of further
recommendations pertaining to the Best Management Practices and the
need to obtain a Certified Waste Management Plan.
Regarding Item 1, it is the recommendation of this office that all
3 potato pit discharge valves be locked until such time as the pits
are closed out in accordance with NRCS guidelines.
Regarding Item 2, it is the recommendation of this office that the
drainage pipe from each of the 3 potato pit feeding trough areas be
removed. This will eliminate the potential for the clay plugs to
be compromised. It is recommended that the mixture of cattle waste
and rainwater from each of these areas be pumped at agronomic rates
on the surrounding pasture land prior to the removal of these pipe.
Regarding Item 3, and Item 4, if the potato pit and cattle trough
feeding areas are to be abandoned, and are closed' out promptly
according to MRCS guidelines, then it is not necessary to divert
surface water from the potato pits or the feeding trough areas.
Regarding Item 5, it is recommended that each employee be
reinstructed in the proper operation of all valves on the farm
which have the potential to discharge any pollutant to the surface
waters or groundwaters of the State.
Regarding Item 6, it is acknowledged that the phase out of the use
of this by-product and the concentration of pasture feeding has
Wachovia Building, Suite 714, Fayetteville NO
FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Honorable D.M. Faircloth
July 10, 1996
Page 2
begun to be implemented.
Regarding Item 7, it is recommended that a Spill Control Plan for
all the farm activities be implemented. The following is a 24 hour
number for reporting spills to this office : [phone].
Regarding the need to obtain a Certified Waste Management Plan,
this office is requiring such because of the observed presence of
cattle in the drainage canals , the large numbers of cattle on the
farm adjacent to the Great Coharie Creek, the proximity of the
feeding areas and the potato pits to these surface water
conveyances and the recent discharge event. It is acknowledged
that the elimination of the potato by product feeding operation
will reduce the risk of pollution leaving this area. The proposed
riparian stream buffer plan should address the remaining concerns
regarding runoff and erosion potential. It is the request of this
office; however, that the closure of each of the potato pits, the
removal of the mixture of cattle manure and rainwater from each of
the trough feeding areas, and the removal of the drainage pipe from
these areas be accomplished in accordance with MRCS guidelines and
certified that this has been done by a technical specialist.
Additionally it is our understanding that MRCS is preparing plans
for the Livestock Exclusion , Stream Crossing, and Riparian Buffer
zones for cost share consideration and it is our request that these
plans be incorporated into the Certified Waste Management Plan for
the farm. These closure plans, riparian area restoration plans,
and any BMPs regarding pasture rotation, silage runoff, etc. should
be summarized in a Certified Waste Management Plan with a schedule
for implementation and completion. It is still the request of this
office that this Plan be obtained, certified, and submitted to this
office by September 2, 1996.
This office is encouraged by the steps that Faircloth Farms has
taken to resolve this matter and the manner of cooperation that our
respective staffs have maintained.
Should you or your staff have any questions about this matter,
please call Michael Wicker, Water Quality Section Regional
Supervisor or me at [phone].
Sincerely,
Coe
Kerr T. Stevens
Regional Supervisor
KTS/MCW/mcw

attachment
cc: Wilson Spencer, MRCS, Sampson County w/ attachment
Nelson Waters, Faircloth Farms w/ attachment
George Upton, Sampson County Extension Office w/a
A. Preston Howard, Jr. DWQ Director w/a
Steve Tedder, DWQ , Water Quality'Section Chief w/a
Chris Walling , Soil and Water Conservation Engineer, FRO w/a
Compliance /Enforcement file-w/a

FAIRCLOTH FARMS
Po BOX 496
PNom (9101592.3593
Clinton, NC 28329
July 8, 1996
Mr. Kerr T. Stevens, Regional Supervisor
State of North Carolina
Department of Environment, Health & Natural Resources
Fayetteville Regional Office
Wachovia Building, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Faircloth Farms
Dear Mr. Stevens:
CERTIFIED MAIL
Return Receipt Requested
P 362-270-092
ENV. h�t,�•'.����-:
�WF.TTEVILLE k, ._
This letter is in response to your correspondence dated June 28, 1996
concerning the discharge of animal feed from my cattle farm and the resultant fish kill
in the Great Coharie Creek. In conversations with your field staff during their visits
to my farm, I conveyed to them that I have discontinued using the potato by-product
as a feedstuff on my cattle farm. The chance that degradation of the Coharle
concerned me a great deal and played a pivotal role in my decision. The potato by-
product stored in the number 2 potato pit (the site in question) is the remainder of the
material on my farm, and when it is fed, no more will be used. I conveyed this
decision to the local potato canners from which I procure the waste, in May 1996.
Subsequent to this notice, the Sampson County Cooperative Extension Service
coordinated two meetings with the local canners, the NCSU Veterinary School and
Beef Cattle Specialists at NCSU concerning other uses and outlets for this product.
The initial meeting was held on May 30, 1996 and was facilitated by Mr. George
Upton, County Extension Director. You may rest assured that we will not use this
material on my farm in the future. Plans are also in place to disperse of my brood cow
herd. It is possible I may raise some feeder cattle on my farm in the future, but again,
potato by-products will not be a part of my feeding plan.
As you requested, I will outline the steps taken in response to your concerns
regarding the Best Management Practices that we agreed to implement outlined in a
letter dated September 29, 1995.
Our plan included the following items:
1. Place locks on all valves that are used to release potato by-

1
Mr. Kerr T. Stevens
July 8, 1996
Page 2 of 4
2. Discontinue usage of drainage pipes leading from the cattle
feeding areas and into drainage ditches. Reroute drain water to
filter areas of established crops.
3. Construct surface water diversions around each potato pit so as
to minimize the amount of surface water entering the pits.
4. Redesign feeding areas so that surface water and any cattle or
potato waste will be directed over a buffer area of established
coastal bermudagrass or other suitable cover, depending on the
season. This should greatly minimize the chance of any waste
reaching ditches or streams.
5. Educate each Faircloth Farms employee as to the proper operation
of the potato pits and feeding areas, and of the potency of the by-
product and its potential effect on the environment.
6. Decrease feeding of potato by-products in the existing troughs
and increase our pasture feeding. This will mean the majority of
the by-products will be pulled from the pits and trucked to troughs
located in pastures that are located away from drainage ways.
7. A Spill Control Plan will be formulated for use in case of an
emergency.
Regarding Item 1, a lock was prepared and had been placed on site at the
number 2 potato pit, but it was not in place on the day in question. Pits 1 and 3 have
been empty since the fall of 1995 and each pit has double valves and caps. We did
not place locks on these pits since they were no longer in use with no plans to put
them back into use.
Regarding Item 2, all drainage pipes were plugged with clay so that water could
not be discharged through them and into nearby ditches and streams. This acitivity
was carried out in September 1995. We felt that if the pipes were removed and soil
was placed in their void, that this could possibly weaken the bermed area leading to
drainage ditches and would be more likely to cause a rupture which could release
more waste in the event of a spill. The difficulty of establishing an adequate cover
of grass during the winter in these areas and the possibility of erosion influenced our

.r ,•
Mr. Kerr T. Stevens
.. July 8, 1996
Page 3 of 4
decision to plug the pipes with soil. In retrospect, we probably would have been
better off removing the pipes and taking a chance on re-establishing the vegetation.
Regarding Item 3, surface water diversions were put in place last fall during
August and September at each of the three potato pits. We attempted to establish
a cover of grass at each location, which was not highly successful and re -grading was
performed on several occasions subsequent to last fall. The activity observed by your
field staff on June 10, 1996 was a part of the re -grading effort.
Regarding Item 4, we had planned to redirect the surface water over the already
established coastal bermudagrass pastures adjacent to the feeding areas, but did not
want to destroy the existing cover. Also, late last fall we began considering the
phasing out of potato by-product as a feed source, and held off on redirecting the
surface water and other waste water. Again, pits 1 and 3 have not been in use since
last fall.
Regarding Item 5, each farm employee was instructed on the proper operation
of the valves in the feeding areas during October 1995. Employees were instructed
to make sure all valves were closed after release of feed materials into troughs or into
the truck used for pasture feeding. Effects on the river were also discussed in regards
to possible fish kills from the release of the material into waterways.
We stated last September that we planned to decrease the use of the existing
troughs and to concentrate more on pasture feeding (Item 6). Potato pits 1 and 3
have not been used since last fall, and pit 2 has been used infrequently for trough
feeding, with most of the material being trucked to outlying pastures.
A spill control plan has been on file at our office and with my farm manager
since October of 1995 (Item 7). A copy of this plan is attached. I did not notify your
department of the spill since it was discovered on a Saturday and I assumed no one
would be available to take my call. I did have intentions of notifying your office on
the next business day, Monday, June 10, as the plan specifies. I discovered the spill
at 6:00 pm, Saturday afternoon and thereafter went to the nearest bridge on the Big
Coharie and then to the next bridge downstream. At that time, there was no sign of
fish in distress nor were there any dead fish. I was back at the farm at 8:00 am,
Sunday morning and again at 9:00 am. I met with a Wildlife Resource Officer and
told him we had a spill and we assumed responsibility.

Mr. Kerr T. Stevens
July 8, 1996
Page 4 of 4
With regards to the cattle freely roaming the streams, I am currently working
with the Sampson County Natural Resources Conservation office to formulate a
riparian stream buffer plan. This plan includes several Best Management Practices to
protect water quality including stream crossings for cattle, livestock exclusions from
creeks, and restoration of vegetation alongside streambanks. Information concerning
this plan is attached. Several new ponds have also been dug to provide clean, fresh
drinking water for the cattle, which will decrease the need for ditches and stream to
provide drinking water.
As I have stated earlier, potato by-products will no longer be used on my farms,
thus the potato pits and feeding areas will also no longer be used. What is the status
of further recommendations regarding the seven Items in question as well as the
formulation of a detailed Certified Waste Management Plan? Please advise me on the
need for a plan if the concentrated animal feeding areas are no longer in use.
I look forward to your reply concerning this letter. I hope to continue the level
of cooperation between your excellent staff and my farm managers in' finding a
workable solution to the concerns presented.
Sincerely,
D. M. Faircloth
DMF/gk

1
Faircloth Farms Emergency Spill Control Plan
In the event of a spill of potato by-product waste, follow the following
steps:
1. If open valve is source of spill, close immediately.
2. Notify the following persons:
Doug Matthis, Farm Manager 592-5991
Nelson Waters 592-1122
D. M. Faircloth 592-3593
Curtis Barwick 592-1122
N.C. Division of 486-1541
Environmental Management
Mike Wicker or Grady Dobson
3. Take appropriate steps to stop flow of waste into waterways
and ditches leading to the Great Coharie River. Immediately
move bulldozer and/or ditching equipment to site to contain
spill by constructing a berm or diversion to open fields.
4. If any waste reached surface water, pump out immediately, if
possible.

North Carolina
,4 I Cooperative Extension Service
NORTH CAROLINA STATE UNIVERSITY
COLLEGE OF AGRICULTURE & LIFE SCIENCES
N.C. Cooperative Extension Service Date: Nov. 28, 1995
369 Rowan Road
Clinton N.C. 28328
To: Faircloth Farms,
Lauch Faircloth
Nelson Waters
From: Ronnie A. Warren ?,r-y" W. e,,�)a44Z,r
Subject: Little Coharie Watershed Protection Project
Thank you for participating in the Little Coharie Project. Listed
below is a brief outline of the practices we would like to
implement on your farm.
PRACTICE #1- Livestock Exclusion
All cattle will be permanently fenced out of stream. (N.C.
Ag. Cost Share)
PRACTICE #2- Stream Crossing
This practice will enable cattle to cross stream to gain
access to all pastures, without disturbing streambanks. (N.C. Ag.
Cost Share)
PRACTICE #3- Riparian Buffer Zone
Both sides of stream will be established with appropriate
grasses and trees. This will provide a treatment area for runoff
and subsurface drainage before entering stream. This can be done
after cattle have been permanently fenced out. (Cost -shared by
Little Coharie Project)
NRCS is currently developing plans for the Livestock Exclusion and
the Stream Crossing. I will keep you informed as things progress.
If you have any questions please contact me at 910-567-2004 or 910-
592-7161.
Thank you.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina Slate University. Nonh Carolina A&T State University. U.S. Department of Agriculture, and local governments cooperating.

r
Bo:7=
Raleigh 2705-7625
FAX- [phone]
Purpose:
North Carolina State University
Department of Biological and Agricultural Engineering
CoIlege of Agriculture and Life Sciences
Project Overview
Little Coharie
Riparian Area Restoration
To encourge the restoration of riparian areas within the
Little Coharie Watershed to their natural state.
Highlights: Landowners within the Little Coharie Watershed who
would like to improve section of streams on their
property are eligible to receive cost share assistance
for 75% of the cost of restoring the streambanks.
Participation in this project will not affect
eligibility for cost share under any other programs.
Streamside restoration may consist of any type of
permanent vegetation such as trees -or grass.
The design and estimated cost of proposed restoration
must be approved before work is initiated. Following
installation, the work must be inspected and deemed
acceptable for meeting project objectives.
Cost share payments will be made after work is
completed upon submission of an invoice. The payment
requested must not exceed 75% of the cost as verified
by attached receipts or current North Carolina
Agricultural Cost Share Program rates.
Approximate Cost:
Establishment of perennial grass $203/acre
Seedbed preparation $50/acre
Smoothing (tractor/blade) $250/acre
Light grading (tracked equipment) $500/acre
Tree planting $85/acre
Mowing $25/acre
Herbicide application $30/acre
For additional information contact:
Mark Rice [phone] Ronnie Warren [phone]
Nnrfh (;arnYn,7 Seaty Unirrrititu is c land-erant rrnirer*itrr and initf+utinn of The (University of North Carolina.

Faircloth pays fine
http:llwww.fato.comtfoto/news/augl996/8 12 96113fcloth.htm
Tuesday, Aug. 13, 1996
Sen. Faircloth pays $48,000 fine for fish kill
By Virginia Ann White
Staff writer
U.S. Sen. Lauch Faircloth has paid a total of S48,442.40 in fines assessed against his Sampson County
cattle farm for a fish kill.
Officials at the N.C. Department of Environment, Health and Natural Resources received two checks last
week. The decision to fine Faircloth Farms was announced on July 22.
Debbie Crane, a spokesman for the state, said Faircloth's payment was unusually quick. It can take
months to collect a fine. Some cases take longer because the farm owners appeal the fine. Faircloth chose
not to appeal.
Faircloth is at the Republican convention in San Diego and could not be reached for comment. His
spokesman, Peter Hans, said Faircloth was just keeping his word by sending in payment quickly. "He said
what he was going to do and he did it," said Hans.
Faircloth said he would pay all costs associated with the fish kill when it happened in June. The fish kill
was caused by potato slurry that was used to feed cattle at the farm.
A farm worker did not properly close a valve that controlled the flow of potato slurry between a pit and a
feed trough: Thousands of gallons overflowed from the trough and poured into the Great Coharie Creek.
The material, considered organic waste, caused oxygen levels in the water to plummet and suffocated fish
as it moved downstream. State workers found 6,172 dead fish.
One of the checks from Faircloth covered the cost of the fish kill, including the value of the fish and the
cost of investigating it. The other covered penalties for the pollution;
State environmental officials said that Faircloth Farms did not Now state recommendations in 1995 that.
could have prevented the spill. That played a part in setting the fines.
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1 of 1 0611319815:19:28

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
July 22, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lauchlin Faircloth
d/b/a Faircloth Farms
P.O. Box 496
Clinton, NC 28328
& ffllwyv�
IT '� r
A 4 0 ;9 A4
�EHNR
EMI. MANAGEMENT
�A�rEVI LE REG. OFFICE
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
Geural Statute 143-215.1 and 15A NCAC 2B .0211
" CS�mp ons Count
File No. WQ 961
y01
Dear Mr. Faircloth:
This letter transmits notice of a civil penalty assessed against Lauchlin Faircloth in the amount of
$38,406.30 including $3,406.30 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
R.O. eox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied
by a waiver of your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;'
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit thisiniformation to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
2
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must Y
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Richard B. Whisnant
Registered Agent
Dept. of Environment, Health, and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

Failure to exercise one of the options above within th_ irty days, as evidenced by a date stamp
(not a postmark) indicating when we received your response, will result in this matter being referred to
the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for future violations which occur after the review
period of this assessment.
If you have any questions, please contact Linda Forehand at [phone], extension 526.
P.E.
ATTACHMENTS
cc:LRegional-Supervisor •w/-attachments
Comphance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
LAUCHLIN FAIRCLOTH
d/b/a FAIRCLOTH FARMS
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1
AND
15A NCAC 2B.0211
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND
NATURAL RESOURCES
FILE No. WQ 96-01
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (G.S.) 143-
215.6A, I,. A. Preston Howard, Jr., Director of the Division of Water
Quality (formerly the Division of Environmental Management (DEM)),
make the following:
I. FINDINGS OF FACT:
A. Lauchlin Faircloth, doing business as Faircloth
Farms, is sole owner of a cattle grazing and feeding
operation located between SR 1211 and SR 1214,
southwest'of Clinton in Sampson County, North
Carolina.
B. On June 9, 1996, at approximately 8:30 a.m., DEM was
notified by a North Carolina fisheries biologist of a
fish kill in the Great Coharie Creek, southwest of
Clinton. The upstream limit of the kill was
reportedly in the vicinity of SR 1211, immediately
downstream of the Faircloth farm.
C. On June 9, 1996, while investigating the fish kill,
DEM staff met with Mr. Faircloth at the SR 1206
bridge over Great Coharie Creek. At that time,
Mr. Faircloth indicated that the fish kill was
the result of a spill at one of his cattle feeding
areas. Mr. Faircloth indicated he would assume
full responsibility for this fish kill.

D. After determining
the fish kill, DEM
observed evidence
on the Faircloth f
three located on t
are stored in pits
for animal consump
manually regulated
Faircloth indicate
fully close this v
the current downstream limits of
investigators and Mr. Faircloth
of a discharge from a feeding area
arm. This feeding area is one of
his farm. Waste potato by-products
and gravity fed into feed troughs
tion. Flow to these troughs is
with a sliding gate valve. Mr.
d that an employee had failed to
alve, which allowed an excess of
feed product to enter the trough, overflow, and
discharge into an adjacent unnamed tributary to Great
Coharie Creek.
E. Mr. Faircloth indicated that he had discovered and
closed the leaking valve during the evening of June 8,
1996.
F. According to DEM staff estimates, the liquid level in
the potato storage pit had dropped approximately
twelve inc-H6s, representing the release of an
estimated volume of 81,500 gallons. An undetermined
percentage of this product entered the stream.
G. From June 9 to June 11, 1996, the North Carolina
Wildlife Resources Commission documented
environmental damage to the Great Coharie Creek and
Black River as a result of the discharge at Faircloth
Farms. The environmental damage included, but was not
limited to, a loss of 6,172 fish of various sizes,
types, and classifications.
H. The Great Coharie Creek is classified as C-Swamp
waters. The Black River is classified as C-Swamp,
Outstanding Resource Waters.
I. The water quality standard for dissolved oxygen
(D.O.) in the Great Coharie Creek and Black River is
a minimum daily average of 5.0 mg/l, with a minimum
instantaneous value of not less than 4.0 mg/l, as set
forth in 15A NCAC 2B.0211(3)(b)•
J. From June 9, 1996, to June 12, 1996, DEM took field
measurements for dissolved oxygen within the waste
plume as it progressed downstream in the Great
Coharie Creek and Black River. On June 9, the
dissolved oxygen concentration in Great Coharie Creek
at SR 1134 was 0.0 mg/l. On June 10, the D.O. in
Black River at Highway 411 was 0.1 mg/1. On June 11,
stream D.O. levels in Black River at Highway 41 were
0.2 mg/l. Dissolved oxygen concentrations on June 12
were found to be 0.75 mg/1 in the Black River at
SR 1100.

K. In correspondence to Mr. Faircloth dated
September 8, 1995, DEM expressed concern about the
location of the potato by-product feeding areas as
they relate to protection of Great Coharie Creek. A
schedule for implementation of Best Management
Practices (BMPs) was also requested.
L. On October 5, 1995, DEM received a letter from
Faircloth Farms providing a list of 7 management
practices proposed for implementation within 90 days
of the letter. Inspection by DEM on June 12, 1996
found that few of these measures had been fully
implemented. Specifically: item (1), only one of
the valve control levers was secured with a lock;
item (2), all drainage pipes had not been permanently
sealed to prevent any discharge and there was no
evidence that drainage had been routed to filter
areas'of established crops; item (4) there was no
evidence of redesign of feeding areas to effect
distribution of potato and cattle waste over grass
filter strips.
M. Staff costs and expenses associated with detecting
the violation, defining its nature and extent, and
bringing the enforcement action totalled $ 3406.30.
Based upon the above Findings of Fact, I make the
following:
II. CONCLUSIO OF LAW:
A. Mr. Lauchlin Faircloth, sole proprietor of Faircloth
Farms is a "person" within the meaning of G.S.
143-215.6(A) pursuant to G.S. 143-212-(4), and is
legally responsible for all violations committed by
Faircloth Farms.
B. Faircloth Farms discharged waste potato by-products,
used as animal feed, on or about June 8, 1996, in
violation of G.S. 143-215.1.
C. Faircloth Farms violated G.S. 143-215.1, and 15A NCAC
2B.0211(3)(b) by discharging waste potato by-products
which resulted in dissolved oxygen concentrations
below the minimum stream standard for Class C-Swamp
waters on June 9, 10, 11, and 12, 1996 as described in
section I.(J) of the Findings of Fact herein.

D. General Statute 143-215.6A(a)(6) provides that a
civil penalty of not more than ten thousand dollars
per violation per day may be assessed against a
person who "violates a rule of the Commission
implementing this Part, Part 2A of this Article, or
G.S. 143-355(k)," referring to the water quality
statutes.
E. General Statute 143-215.6A(a)(1) provides that a
civil penalty of not more than then thousand dollars
per violation per day may be assessed against a
person who "violates any classification, standard,
limitation, or management practice established
pursuant to G.S. 143-214.1, 143-214.2, or 143-215."
F. General Statute 143-215.3(a)(9) provides that the
reasonable costs of any investigation, inspection, or
monitoring survey may be assessed against a person
who violates any regulations, standards, or
conditions of any permit issued to G.S. 143-215.1, or
special order or other document issued pursuant to
G.S. 143-2I5.2.
G. The Director, Division of Water Quality pursuant to
G.S. 143-215.6A(h), has the authority to assess civil
penalties.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:
III. DECISION:
Pursuant to G.S. 143-215.6A, in determining the amount of
the penalty, I have taken into account the Findings of Fact and
Conclusions of Law and considered the factors listed in G.S. 143B--
282.1.
Accordingly, Mr. Lauchlin Faircloth, proprietor of Faircloth
Farms, is hereby assessed a civil penalty of:
$ %©O O. 00 For one violation of G.S.
143-215.1(a)(6), for causing or
permitting waste, directly or indirectly,
to be discharged to or in any manner
intermixed with the waters of the State
in violation of the dissolved oxygen
water quality standard.
$_gel! COO - 00 for 41 of four violations of 15A NCAC 2B
.0211(3)(b); the dissolved oxygen water
quality standard for swamp waters.

f
M
$ 0D0. ChD TOTAL CIVIL PENALTY, which is 749
percent of the maximum penalty authorized
by G.S. 143-215.6A(a).
$ 3,406.30 Enforcement costs.
$ , d Ode.. 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 tjhe enforcelent procedures.
7� ZZ - 9G
(Date) A. Preston Howard, Jr.,P ., Director
Division of Water QU-a-Itfv

''�`rafe°o1`or1 Carolina
Department of Environment,
=, Health and Natural Resources
-! Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, secretary
1511,
r
�EHNR
DIVISION OF $NVIRONHENTAL MANAGEMENT
Mr. Lauchlin Faircloth
d/b/a Faircloth Farms
P.O. Box 496
Clinton, Korth Carolina 28328
Dear Mr. Faircloth:
June 28, 1996
0
SUBJECT: XOTICE OF VIOLaTICM
Faircloth Farms
Unpermitted Discharge of
Waste Product used as Animal Feed
N.C.G.S. 143-215.1, and
Exceedance of Stream Standards
N.C.G.S. 143-214.1 and
15A NCAC 28.0212; and resultant
Fish Rill, Great Coharie Creek
and Black River
Sampson County
In response to a notice from the N.C. Wildlife Commission's district
fisheries biologist, staff of the Fayetteville Regional Office initiated a
fish kill investigation on the Great Coharis Creek on Sunday, June 9, 1996.
During this investigation, several members of the staff had the opportunity to
meet with you and discuss the circumstances surrounding this fish kill. Early
in the investigation, you indicated that an incident at one of your cattle
feeding stations had allowed the inadvertent discharge of potato waste
products, resulting in the fish kill. Shortly after noon the same day, staff
members accompanied you to the particular feeding area where the discharge had
occurred. It was readily apparent that a considerable volume of the potato
by-products had overflowed the feeding trough. A storm drain pipe at the
feeding area had conveyed this material into a nearby drainage canal, which is
a tributary to the Great Coharie Creek. Some time prior to our arrival, an
Wachovia Building, Sulte 714, Fayetteville N� FAX 91D 486-0707
o North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 W% recycled/10% post -consumer paper

AV. Lauchlin Faircloth
/June 28, 1996
Page 2
earthen plug had been placed over the inlet to this pipe, preventing any
additional discharge. Your explanation for this incident suggested that an
unidentified employee had failed to fully close the valve from the storage pit
to the feeding trough, leaving a one to two inch opening in the gate valve.
By allowing a discharge of this waste potato product into waters of the
State, as owner of Faircloth Farms, you have violated N.C. General Statute
143-215.1.(a)(1). This Statute specifically requires that a permit be obtained
from the Environmental Management Commission prior to any person making an
outlet into waters of the State. Although we do not suspect that the incident
was intentional, it is our opinion that it could have been avoided if
previously recommended management practices had been fully implemented.
This discharge also resulted in dissolved oxygen depletions in the Great
Coharie Creek and Black River for at least four days. Water quality standards
contained in 15A N.C. Administrative Code 2B.0211 require a minimum daily
average dissolved oxygen concentration of 5 mpg/l, with a minimum instantaneous
value of 4 mg/1. Contravention of these standards constitutes a violation of
N.C. General Statutes 143-215.1(a)(6) and 143-214.1. Aside from being a
violation of stream standards, the depressed dissolved oxygen levels
contributed directly to the resulting fish kill, in which over 6,000 fish were
killed. The Department may subsequently demand compensation for this damage to
the state's natural resources.
This office is preparing.an investigative report concerning this incident
for submission to the Division's Compliance and Enforcement Section. It is
likely that this report will result in an enforcement action and civil penalty
assessment against Faircloth Farms.
As mentioned above, this office has made recommendations concerning the
implementation of Best Management Practices at the potato feeding areas. As
mentioned in a letter to you dated September 8, 1995, we had serious concerns
about all three of the potato storage ponds and adjacent feeding areas. Given
their close proximity to ditches, all of which drain into the Great Coharie
Creek, we recommended "that the ponds and feeding areas be relocated to areas
with more buffer from and less slope toward surface waters." This letter also
suggested that a spill control plan should be designed and implemented, and
that other security measures be taken to ensure the integrity of the
operations and prevent compromise by outside forces. As requested, Mr. Nelson
Waters provided a response to this letter, which was received in this office
on October 5, 1995. Mr. Waters provided a seven point plan of action which was
to be implemented within 90 days. This plan included:
01. Place locks on all valves that are used to release potato by-products
into feeding troughs.
2. Discontinue usage of drainage pipes leading from the cattle feeding
areas and into drainage ditches. Reroute drain water to filter areas of
established crops.
3. construct surface water diversions around each potato pit so as to
minimize the amount of surface water entering the pits.

Lauchlin Taircloth
June 26, 1996
% Page 3
4. Redesign feeding areas so that surface water and any cattle or potato
waste will be directed over a buffer area of established coastal bermudagrass
or other suitable cover, depending on the season. This should greatly minimize
the chance of any waste reaching ditches or streams.
S. Educate each Paircloth farms employee as to the proper operation of
the potato pits and feeding areas, and of the potency of the by-product and
its potential effect on the environment,
6. ...decrease feeding of potato by-products in the existing troughs and
increase our pasture feeding. This will mean the majority of the by-product
will be pulled from the pits and trucked to troughs located in pasture■ that
are located away from drainage ways.
7. A Spill Control Plan will be formulated for use in case. of an
emergency."
During a June 13, 1996 visit to the farce, regional office staff observed
several deficiencies in implementation of the above plan, particularly with
items 1,2,3, and 4. Only one of the three control levers at the feeding
troughs was locked (item 1). Although there was evidence that some of the
drain pipes have been blocked, leakage was noted from at least one pipe. There
was nothing observed to indicate that drainage had been re-routed to
established filter areas (item 2). Measures to divert surface water from the
storage pits were noted. However, some of this work was completed as recently
as June 10 (item 3). There was no evidence that the feeding areas have been
redesigned to distribute cattle and potato waste over grassed buffer strips.
Water and wastes remain ponded in at least two of these feeding areas (item
4). Pasture feeding of the potato products has been noted (item 6.) We have
no information as to implementation of items 5 or 7. However, any proper spill
control plan should also include contact numbers for appropriate Rmergency
Response agencies, including this Division. We received no notification aside
from the fisheries biologist.
Considering the events leading to the recent fish kill, as well as our
questions about implementation of your proposed Best Management Practices, we
again request a detailed explanation of the the measures which have been and
will be implemented to prevent further damage to the Great Coharie Creek.
Although most pasture grazed cattle operations are not subject to our review,
this potato waste feeding operation is a matter of considerable concern. We
request that this response be provided within ten (10) days of receipt of this
letter. In the course of our visits, we noticed cattle freely roaming in the
streams, with no measures is place to limit access. This should also be
addressed.

ZENX-
Lauchlin Faircloth
June 28, 1996
Page 4
As an additional step toward protecting water quality in Great Coharie
Creek, we' ask that you develop a Certified Waste Management Plan for this
operation. The presence of these potato feed troughs, especially in their
current locations, warrants designation of this farm as a concentrated animal
feeding operation. Failure to provide the management plan within sixty (60)
:.days of receipt of this letter will result in a recommendation from this
office to.the Director requesting revocation of your deemed permitted statue.
We appreciate the cooperation already shown by Faircloth Farm employees,
and look forward to a satisfactory and permanent solution to these concerns.
Should you or your staff have any questions about this matter, please call Mr.
Michael Wicker, hater Quality Regional Supervisor, or me at [phone].
Sincerely,
Xv� W,
Kerr T. Stevens
Regional Supervisor
XTS/1CA/ka
cat Wilson Spencer, MRCS, Sampson County
Richard Kelton, Sampson Co. Extension Office
Nelson Waters, Faircloth farms
A. Preston Howard, Jr., DEN Director
Steve Tedder, DEM Water Quality Section Chief
Chris Walling, Soil and water Conservation Engineer, FRO
Compliance/Enforcement file
bc: Kathy Cooper
Jim Gulick

SENDER:
■ Compteta Reins 1 andor 2 for additional services.
a ■ Complete items 3, 4a, and 4b.
■ Pdnt your name and address on the reverse of this form so that we can relum thin
card to you.
sAllach this form to the had of the mWiplem, or on the back 0 space does not
permit.
s Wdle'Rerum Romig Requested' an the maltpisas below the article number.
■The Retum Receipt will show to whore the artide was delivered and tits date
C delvered.
C 3. Article Addressed to: 4a. Article N
I also wtsh'to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address j
2. ❑ Restricted Delivery i
Consult postmaster for fee.
_ P 283 732 126 `,
MR, LAUCHLIN FAIRCLOTH 4b. Service Type
d/b/a FAIRCL= FARMS ❑ Reglatered M Certified
PO BOX 496 ❑ Express Mail ❑ Insured
CLINTON NC 2832E X1 Return Receipt for Merchandise [3 COD
Pd,F'orril 3811, Decor
e
i. Date of Delivery
7- C2 9
8. Addressee's Address (Only it requested
and lee Is paid)
rn

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
July 22, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lauchlin Faircloth
d/b/a Faircloth Farms
P.O. Box 496
Clinton, NC 28328
.1111-
ENV. MANAGE E��F1GE
FAYE�YF�II.�E
SUBJECT: Request for Payment of Fish Kill Damages
Pursuant to General Statute 143-215.3(a)(7)
,Sampson County
Dear Mr. Faircloth:
This cover letter transmits a request for payment of fish kill damages in the amount of $10,036.10,
including $5,929.58 in investigative costs incurred by the Wildlife'Resources Commission.
Lauchlin Faircloth is hereby requested to pay within thirty days the sum of $10,036.10 to the
Department of Environment, Health, and Natural Resources for fish kill damages resulting from the
discharge of waste potato by-products into Great Coharie Creek on or about June 8, 1996.
Please submit payment to the attention of:
Mr. Steve Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Failure to make payment within thirty days will result in this matter being referred to the Attorney
General's Office with a request to initiate a collection action in Superior Court.
If you have any questions, please contact Linda Forehand at [phone], ext. 526.
Sinc rely,
Prest Howard, JJr.,P.
cc: �Fayetteville.Regional•Office
Public Information Officer
Wildlife Resources Commission
Case File
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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Fixed 510 mg/1
: 11
Residoet Suspended 530 mg/I
12
Volatile 535 mg/1
13
Fixed 540 m$/I
PH 403 units
14
15
Acidity, to PH 4 5 436 mg/l
16
Acidity to PH 8.3 435 mg/1
17
Alkalinity to PH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 me/1
19
TOC 68o mg/l
„,
Turbidity 76 NTU
Chloride 940 mg/t
Chi a. TTI 32217 mg/1
Chi a: Corr 32209 ug/1
Pbeophydo a 32213 ng/b
Color. True 80 Pt Co
ColorAPH ) 83 ADM
Color. pH 7.6 82 ADM
Cyanide 720 mg/1
Fluoride 951 mg/l
Formaldehyde 71860 mg/I
Grease and OiN $56 mg/1
Hardness Total 9W mg/l
Specific Cortd_ 95 umbom/em2
MFAS 38260 MSA
Phenols 322730 USA
Sulfate 945 uagA
Sulfide 745 mg/!
NH3 W N 610 mg/]
TKN as N 625 UWA
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'
P: Total as P 665 mgA
PO4 as P 70507 mg/l
A DtasoWed as P 666 mg/1
CdCadmlum 1027 ugA
Cr•Cbromlum:ToW 1034 USA
CuCopprr 1042 ag/l
NI -Nickel 1067 ugA
Pb-Lead 1051 a3/1
Zn-Zinc 1092 99A
A ver 1077 uuA
Al -Aluminum 1103 ugA
Be -Beryllium 1012 USA
CmCalclum 916 mg/i
Co -Cobalt 1037 ugA
F"ron 1045 ogA
mp0ng Point x
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Water Tamperrt ua 40
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82243 182242
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DIVISION OF ENVIRONMENTAL MANAGEMENT
Chemistry LabmatM Report 1 water Quality
Ej SAMPLE l'YPE
COUNTY SAii7PSON
PRIORITY
RIVER BASIN:
AMBIHNT QA
STREAM
EFFLUENT
REPORT TO FRO Regional OHicc
COMPLIANCE 0 CHAIN OF CUSTODY
❑ LAKE
INFLUENT
Other
® EMERGENCY
ESTUARY
COLLECTOR(S) ; STEVENS/AVERTCTE
Estimated DOD Range: Station Location: CG14ARIE CREEK
Seed: Chlorinated: Remarks. -
Station / Dale Begin (yylmmldd) Date Fad (yylmmldd) Time Begin Time Fad Depth - DM, DB, DBM Value Type - A, H. L CampOatte.T, S, B 5ampk Type
96/06/09
X
11011310 NO VALUFIOC PR mglL
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COD High 340 ISO m91L
COD Low 335 rng1L
Colifmm: MF Focal31616 1100m1
Cnlifotm: MF Taal 315N 1100mi
Coliform: tube Fecal 31615 1100rnI
Wiform: Fecal 31673 ll00ri l
Residue; ToW 500 MAIL
Volatile 505 MgIL.
Fixed 510 _g1L
Residue: Srapoded530 mglL
VOlatiile 535 mg1L
Fixed 540 mztL
X
pH 403 7.1 _tits
Acidity to PH 4.5 436 mg/L
Acidity is pli 9.3 435 tng/L
Alkalhrity to pl1 8.3 415 w9tL
Alkalinity to PH 4.5 410 _g/L
TOC 6w cu"L
Turbidity 76 NTU
CO"'ZIENENIS :
d
Chloride 940 _91L
Cdl a: Tri 322I7 41L
Cho a: Corr 32209 uglL
a 32213 ugfL
Cula: True 80 c.u.
Color: (PH ) 83 pHs CA.
Color: PH 7.6 82 C.U.
CyuWe 720 MAIL
Fluoride 951 _AIL
Fmntaldehyde 718BO mg1L
Grc= and Oils 556 MAIL
Hardness Total 900 mg1L
..
Speciitc Cord. 95 uMbM1c_2
MBAS 3926D _AIL
Phewls 32730 ugfL
Sulfate 945 r 91L
Sulfide 745 mg1L
Same
Cdi[am Tutal Tuts -110D mh
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NH3 u N 610
0.01
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%
TKN an N 625
1.1
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II
M02 ELM NO3 as N 630
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P: Total as P 60
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PO4 as P 70507
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P: Dissolved as P 666
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K-Paassium
m91L
Cd- Cadmium I027
ugfL
Cr-Chromnmt:Taal 1034
U01-
Cu- Cmyr 1042
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Ni-Nickel 1067
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Pb- lead t051
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Tar Zane 1092
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Ag- Silver I(Yn
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At- Aluminum 1105
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fig- Mercury 71900 u
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ENV. MANAGEMENT
FAYETTEViiLE REG. OFFICE

FAIRCLOTH FARMS
PO BOX 496
Phone[phone]
Clinton, NC 28329
July 8, 1996
Mr. Kerr T. Stevens, Regional Supervisor
State of North Carolina
Department of Environment, Health & Natural Resources
Fayetteville Regional Office
Wachovia Building, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Faircloth Farms
Dear Mr. Stevens:
CERTIFIED MAIL
Return Receipt Requested
P 362-270-092
a
10 1996
ENV. MANACIFME=', '
YMEVILLE i
This letter is in response to your correspondence dated .tune 28, 1996
concerning the discharge of animal feed from my cattle farm and the resultant fish kill
in the Great Coharie Creek. In conversations with your field staff during their visits
to my farm, I conveyed to them that I have discontinued using the potato by-product
as a feedstuff on my cattle farm. The chance that degradation of the Coharie
concerned me a great deal and played a pivotal role in my decision. The potato by-
product stored in the number 2 potato pit (the site in question) is the remainder of the
material on my farm, and when it is fed, no more will be used. I conveyed this
decision to the local potato canners from which I procure the waste, in May 1996.
Subsequent to this notice, the Sampson County Cooperative Extension Service
coordinated two meetings with the local canners, the NCSU Veterinary School and
Beef Cattle Specialists at NCSU concerning other uses and outlets for this product.
The initial meeting was held on May 30, 1996 and was facilitated by Mr. George
Upton, County Extension Director. You may rest assured that we will not use this
material on my farm in the future. Plans are also in place to disperse of my brood cow
herd. It is possible I may raise some feeder cattle on my farm in the future, but again,
potato by-products will not be a part of my feeding plan.
As you requested, I will outline the steps taken in response to your concerns
regarding the Best Management Practices that we agreed to implement outlined in a
letter dated September 29, 1995.
Our plan included the following items:
1. Place locks on all valves that are used to release potato by-

Mr. Kerr T. Stevens
July 8, 1996
Page 2of4
2. Discontinue usage of drainage pipes leading from the cattle
feeding areas and into drainage ditches. Reroute drain water to
filter areas of established crops.
3. Construct surface water diversions around each potato pit so as
to minimize the amount of surface water entering the pits.
4. Redesign feeding areas so that surface water and any cattle or
potato waste will be directed over a buffer area of established
coastal bermudagrass or other suitable cover, depending on the
season. This should greatly minimize the chance of any waste
reaching ditches or streams.
5. Educate each Faircloth Farms employee as to the proper operation
of the potato pits and feeding areas, and of the potency of the by-
product and its potential effect on the environment.
6. Decrease feeding of potato by-products in the existing troughs
and increase our pasture feeding. This will mean the majority of
the by-products will be pulled from the pits and trucked to troughs
located in pastures that are located away from drainage ways.
7. A Spill Control Plan will be formulated for use in case of an
emergency.
Regarding Item 1, a lock was prepared and had been placed on site at the
number 2 potato pit, but it was not in place on the day in question. Pits 1 and 3 have
been empty since the fall of 1995 and each pit has double valves and caps. We did
not place locks on these pits since they were no longer in use with no plans to put
them back into use.
Regarding Item 2, all drainage pipes were plugged with clay so that water could
not be discharged through them and into nearby ditches and streams. This acitivity
was carried out in September 1995. We felt that if the pipes were removed and soil
was placed in their void, that this could possibly weaken the bermed area leading to
drainage ditches and would be more likely to cause a rupture which could release
more waste in the event of a spill. The difficulty of establishing an adequate cover
of grass during the winter in these areas and the possibility of erosion influenced our

Mr. Kerr T. Stevens
July 8, 1996
Page 3 of 4
decision to plug the pipes with soil. In retrospect, we probably would have been
better off removing the pipes and taking a chance on re-establishing the vegetation.
Regarding Item 3, surface water diversions were put in place last fall during
August and September at each of the three potato pits. We attempted to establish
a cover of grass at each location, which was not highly successful and re -grading was
performed on several occasions subsequent to last fall. The activity observed by your
field staff on June 10, 1996 was a part of the re -grading effort.
Regarding Item 4, we had planned to redirect the surface water over the already
established coastal bermudagrass pastures adjacent to the feeding areas, but did not
want to destroy the existing cover. Also, late last fall we began considering the
phasing out of potato by-product as a feed source, and held off on redirecting the
surface water and other waste water. Again, pits 1 and 3 have not been in use since
last fall.
Regarding Item 5, each farm employee was instructed on the proper operation
of the valves in the feeding areas during October 1995. Employees were instructed
to make sure all valves were closed after release of feed materials into troughs or into
the truck used for pasture feeding. Effects on the river were also discussed in regards
to possible fish kills from the release of the material into waterways.
We stated last September that we planned to decrease the use of the existing
troughs and to concentrate more on pasture feeding (Item 6). Potato pits 1 and 3
have not been used since last fall, and pit 2 has been used infrequently for trough
feeding, with most of the material being trucked to outlying pastures.
A spill control plan has been on file at our office and with my farm manager
since October of 1995 (Item 7). A copy of this plan is attached. I did not notify your
department of the spill since it was discovered on a Saturday and I assumed no one
would be available to take my call. I did have intentions of notifying your office on
the next business day, Monday, June 10, as the plan specifies. I discovered the spill
at 6:00 pm, Saturday afternoon and thereafter went to the nearest bridge on the Big
Coharie and then to the next bridge downstream. At that time, there was no sign of
fish in distress nor were there any dead fish. I was back at the farm at 8:00 am,
Sunday morning and again at 9:00 am. I met with a Wildlife Resource Officer and
told him we had a spill and we assumed responsibility.

Mr. Kerr T. Stevens
July 8, 1996
Page 4 of 4
With regards to the cattle freely roaming the streams, I am currently working
with the Sampson County Natural Resources Conservation office to formulate a
riparian stream buffer plan. This plan includes several Best Management Practices to
protect water quality including stream crossings for cattle, livestock exclusions from
creeks, and restoration of vegetation alongside streambanks. Information concerning
this plan is attached. Several new ponds have also been dug to provide clean, fresh
drinking water for the cattle, which will decrease the need for ditches and stream to
provide drinking water.
As I have stated earlier, potato by-products will no longer be used on my farms,
thus the potato pits and feeding areas will also no longer be used. What is the status
of further recommendations regarding the seven items in question as well as the
formulation of a detailed Certified Waste Management Plan? Please advise me on the
need for a plan if the concentrated animal feeding areas are no longer in use.
I look forward to your reply concerning this letter. I hope to continue the level
of cooperation between your excellent staff and my farm managers in finding a
workable solution to the concerns presented.
Sincerely,
D. M. Faircloth
DMFIgk

.
Faircloth Farms Emergency Spill Control Plan
In the event of a spill of potato by-product waste, follow the following
steps:
1. If open valve is source of spill, close immediately.
2. Notify the following persons:
Doug Matthis, Farm Manager 592-5991
Nelson Waters 592-1122
D. M. Faircloth 592-3593
Curtis Barwick 592-1122
N.C. Division of 486-1541
Environmental Management
Mike Wicker or Grady Dobson
3. Take appropriate steps to stop flow of waste into waterways
and ditches leading to the Great Coharie River. Immediately
move bulldozer and/or ditching equipment to site to contain
spill by constructing a berm or diversion to open fields.
4. If any waste reached surface water, pump out immediately, if
possible.

1�W
r r North Carolina -�
Cooperative Extension Service
NORTH CAROLINA STATE UNIVERSITY
COLLEGE OF AGRICULTURE & LIFE SCIENCES
N.C. Cooperative Extension Service Date: Nov. 28, 1995
369 Rowan Road
Clinton N.C. 28328
To: Faircloth Farms,
Lauch Faircloth
Nelson Waters
From: Ronnie A. Warren
Subject: Little Coharie Watershed Protection Project
Thank you for participating in the Little Coharie Project. Listed
below is a brief outline of the practices we would like to
implement on your farm.
PRACTICE #1- Livestock Exclusion
All cattle will be permanently fenced out of stream. (N.C.
Ag. Cost Share)
PRACTICE #2- Stream Crossing
This practice will enable cattle to cross stream to gain
access to all pastures, without disturbing streambanks. (N.C. Ag.
Cost Share)
PRACTICE #3- Riparian Buffer Zone
Both sides of stream will be established with appropriate
grasses and trees. This will provide a treatment area for runoff
and subsurface drainage before entering stream. This can be done
after cattle have been permanently fenced out. (Cost -shared by
Little Coharie Project)
NRCS is currently developing plans for the Livestock Exclusion and
the Stream Crossing. I will keep you informed as things progress.
If you have any questions please contact me at 910-567-2004 or 910-
592-7161.
Thank you.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina State University. North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

Box 7625
Raleigh 27695-7625
FAX: [phone]
Purpose:
North Carolina State University
Department of Biological and Agricultural Engineering
College of Agriculture and Life Sciences
Project Overview
Little Coharie
Riparian Area Restoration
To encourge the restoration of riparian areas within the
Little Cohaire Watershed to their natural state.
Highlights: Landowners within the Little Coharie Watershed who
would like to improve section of streams on their
property are eligible to receive cost share assistance
for 75% of the cost of restoring the streambanks.
Participation in this project will not affect
eligibility for cost share under any other programs.
Streamside restoration may consist of any type of
.,,,permanent vegetation....such ..as-,tr-ees-or -grass.
The design and estimated cost of proposed restoration
must be approved before work is initiated. Following
installation, the work must be inspected and deemed
acceptable for meeting project objectives.
Cost share payments will be made after work is
completed upon submission of an invoice. The payment
requested must not exceed 75% of the cost as verified
by attached receipts or current North Carolina
Agricultural Cost Share Program rates.
Approximate Cost:
Establishment of perennial grass $203/acre
Seedbed preparation $50/acre
Smoothing (tractor/blade) $250/acre
Light grading (tracked equipment) $500/acre
Tree planting $85/acre
Mowing $25/acre
Herbicide application $30/acre
For additional information contact:
Mark Rice [phone] Ronnie Warren [phone]
North C arnlini ,5trtte Unieercitu u a land-grnnt rmn rvrtitr, rrrri a'romoituent institrctinn n( The (Jnicersity of North Carolina.

DIVISION OF ZNVIRO10GUn71L N9NAGKK1=
June 27, 1996
Tot Steve Tedder, Chief
Water Quality 8ecti�pk,'
Through: 4ayetteville
ichael Wicke� egional Supervisor
;e4gaionna
Offic
From: Ken Averitte
Fayetteville Office
Subject: Enforcement Action
Mr. Lauchlin Faircloth, d/b/a Faircloth Farms
Unpermitted discharge of waste, and
Stream standard violations
Sampson County
INTRODUCTION
In response to a citizen complaint to NC Wildlife employees, and their
subsequent notice to FRO staff, a fish kill investigation was commenced on the
Great Coharie Creek on Sunday, June 9, 1996. From the outset of this
investigation, Senator D.K. Faircloth (Lauchlin Faircloth) was in touch with
regional staff, indicating that this fish kill was "no mystery". He claimed
full responsibility for the kill, and indicated it was due to an incident at
one of his potato feeding areas.
Specific details of this investigation are included in the attached
enforcement case. In brief, according to Senator Faircloth, the cause of the
fish kill was a simple employee mistake. He indicated that some unknown
employee had dispensed waste potato feed from one of three storage pits and
left the site without securely closing the valve which regulates flow to the
feed trough. We are told that this left a 1 to Z inch opening in the valve. As
a result, the trough overflowed and the excess potato waste entered a nearby
drainage canal which flows into the Great Coharie Creek. Senator Faircloth
said he discovered this situation around 5:00 p.m. on June 8 and immediately
closed the valve.

Dead and distressed fish were being discovered in Great Coharie Creek
several miles downstream by 8:00 p.m. on June 8, resulting in the call to the
Wildlife officers. Ken Averitte received notice on Sunday morning, June 9, at
about Sz30 a.m. By 1100 a.m., he and Kitty Kramer had met with Senator
Faircloth and numerous Wildlife and Fisheries personnel at a bridge over Great
Coharie Creek. It was at this time that Senator Faircloth commented that the
fish kill was a result of an accidental discharge of feed from one of his
potato feeding stations. (He had been on the creek for a considerable time
that morning.) Tommy Stevens and Paul Rawls joined the investigation shortly
afterward. After checking several stream crossings on the Great Coharie and
locating the pollutant plume, Stevens, Rawls, and Averitte accompanied Senator
Faircloth to the potato pit involved in the incident. A dirt plug had been put
in place blocking the drain pipe through which this material had discharged
and the control valve was closed. An estimated 82,000 gallons of feed had been
drained from the lagoon, with an unknown volume remaining in the feeding area.
Several times during the early hours of this investigation, Senator Faircloth
claimed full,responsibility for the incident, indicating that he would pay the
necessary fines and penalties.
The plume was traced over a four day period down the Great Coharie Creek
and Black River. Violations of the stream standard for dissolved oxygen were
documented daily (within the plume) though Wednesday June 12, 1996. These
results are tabulated in the attached report. Over 6,000 fish other aquatic
species were collected and identified by wildlife officers and biologists. The
fish pick up ended Tuesday afternoon, June 11, after the numbers of dead fish
noted in Black River decreased sharply.
Faircloth Farms employees were at work Monday, June 10, removing the
remaining spilled potato waste from the feeding area and land applying it on
pasture land. The control valve was padlocked by June 11.
COMCLUSIOK
We believe this discharge of potato waste products could have been
avoided had Faircloth Farms fully implemented the management practices
suggested by the FRO in September of 1995. A seven point plan provided by
Faircloth Farms on September 29, 1995 had not been fully implemented at the
time of this incident. This plan specifically indicated that locks would be
placed on all valves used to release potato by-products. If these locks had
been in use, the valve would have been completely closed and this incident
would not have occurred.
RSaO�DO�DATIon
It is recommended that the appropriate enforcement action be taken
against Mr. Lauchlin Faircloth, d/b/a Faircloth Farms, P.O. Box 496, Clinton,
North Carolina 28328.

DIVISION OF ENVIRONMENTAL MANAGEMENT
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: DV - Unpermitted Discharge of Waste (Making an Outlet), resulting in
a Fish Kill and Violations of Stream Standards
Violator: Mr. Lauchlin Faircloth, d/b/a Faircloth Farms
Address: Faircloth Farms
P.O. Box 496
Clinton, North Carolina 28328
Registered Agent: n/a
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:
An a direct result of the unpermitted discharge of high BCD potato waste,
dissolved oxygen concentrations in Great Coharie Creep (class C-Swamp) and
Black River (class C-Swamp, ORW) dropped far below the level required to
sustain gill breathing aquatic life. As a result, a fish kill including over
6,170 fish (all species) took place during a period of approximately 60-72
hours. This waste travelled in plug flow fashion over more than 25 river
miles. Fishery impacts diminished as the plug gradually diluted in Black
River, although severely depressed dissolved oxygen levels were documented
within the waste plume an it progressed down river for four consecutive days.
The Regional office has received a citizen complaint from a downstream
business alleging loss of revenue as a result of this fish kill.
2. The duration and gravity of the violation:
The duration of the discharge is uncertain. Senator Faircloth indicated
to investigators that he had discovered the leaking valve on Saturday, June 8,
at approximately 5:00 p.m. He was uncertain of who had failed to secure the
valve or when the resulting discharge had commenced. It is estimated that the
lagoon level had dropped approximately 12-14 inches (approx. 82,000 gallons in
a quarter acre basin). Some of this material was contained within the feeding
area, with the excess flowing into a nearby unnamed tributary via a storm
drain pipe.
The fish rill was reported at approximately 8:30 p.m. Saturday evening,
June B. By early Tuesday afternoon, June 11, wildlife officers involved in the
fish assessment indicated that the impact of the discharge had diminished in
the downstream portions of Black River and no significant numbers of dead fish
were being found.

3. The effect on ground or surface water quantity or quality or on air
quality:
In -stream dissolved oxygen concentrations here drastically reduced in the
waste plume for at least four days following the discharge. Field D.O.
asasuremento within the plume ranged from 0.0 mg/1 on June 9 to 0.75 mg/l on
Jane 12. Surface water quality standards for class "C' streams, as contained
in 15A NCAC 28.0211, require a minimum instantaneous value of not less than
4.0 ■g/1.
4. The cost of rectifying the damage:
As determined by the north Carolina Wildlife Resources Commission, the
cost of replacing the affected fish totalled $4,106.52.
5. a. The amount of money saved by non-compliance:
None.
b. Is this a profit or not -far -profit facility?
This is a considerably large, for profit cattle ranch.
C. Initial capital investments for pollution control: i) Initial cost
for facility treatment work, ii) the cost of site preparation and
engineering design work, and iii) shipping and installation costs.
The potato storage pits were constructed for the purpose of
containing animal feed products, not as pollution abatement or
control facilities. Therefore, costs of this wort should not be a
consideration.
d. one-time non -depreciable expenditures: i) Cost and ii) is the
one-time expense tax deductible?
Since the potato storage pits are not considered pollution control
equipment, DIN would have no involvment pertaining to taz credits or
deductions.
e. Annual expense to operate the pollution control facility.
This is not a pollution control facility.
f. useful life, in years, of pollution control equipment.
This is not a pollution control facility.
6. Whether the violation was committed willfully or intentionally:
There is no known reason to suspect that this violation was willful or
intentional. However, the violation implies a measure of neglect and a
lack of committment to a pollution prevention plan as proposed by
Faircloth Farms in letter dated September 29,1995.

7. The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management commiession has regulatory
authoritys
In a letter to Senator Faircloth dated September 8, 1995, the
Fayetteville Regional office requested a schedule concerning the
implementation of Hest Management Practices (BMPs) at the potato feeding
arena. This letter also recommended that the ponds and feeding areas be
relocated to areas which would pose lees a threat to the Great Coharie Creek.
Although these were not wally required modifications, management of
Faircloth Faros indicated in their response of September 29, 1995 that they
would implement seven specific steps in order to "minimize the chance of
degradation of water quality in and around the Great Coharie Creek'. Recent
inspections by FRO staff (June 11 6 12, 1996) found that these measures have
only been partially implemented.
8. The cost to the State for enforcement procedures:
a. Investigative costs
Mame of 1nvestiaa csi
o ou
Rate/Hour _ _
Costs
Kerr T. Stevens
10
$33.58
$ 335.80
A.K. Kitty Kramer
5
$20.69
$ 103.45
Paul Rawls
45
$20.45
$ 920.25
Michael Wicker
5
$25.93
$ 129.65
Ken Averitte
75
$20.45
$1533.75
b. Travel Rzpense
State Vehcicle - 485 miles @ $ .34/mile $ 164.90
Private Vehicle -159 miles @ $ .20/mile $ 31.80
C. Regional hater Quality Supervisor Review $ 51.86
d. Film/developing $ 34.84
e. Central Office costs S 10 0
TOTAL $3406.30
9. Type of violator and general nature of business (i.e., individual vs.
large corporation).
Faircloth Farms cattle operation is a sole proprietorship involving
several thousand acres of pasture and crop land, and grazing of approximately
of 1500 breeding cows. It is one of Senator Faircloth's business ventures in
Sampson County.

10. Violators degree of cooperation (including efforts to prevent or restore)
or recalcitrance:
Early during the investigation of the fish kill associated with this
discharge, Senator Faircloth claimed full responsibility for the incident. He
offered several times to provide assistance in recovery of the dead fish. He
also indicated that there would be absolutely no more potato waste used as
cattle feed after the existing stock was depleted.
11. Mitigating circumstances:
bone.
12. Assessment Factors%
at IWC: As a percent of flow in the Great Coharie Creek and Black
River, the in -stream waste concentration was very low. However, this material
appeared to demonstrate a certain cohesiveness, not readily diluting even in
the main stem of the Black River. With such a plug flow characteristic, the
spilled material exerted an enormous oxygen demand even at this low INC.
b: Receiving Stream: Great Coharie Creek, Class C-Swamp, and
Black River, Class C-Swamp, Outstanding Resource
Waters
c: Damages Damage to the fish population of Great Coharie Creek and
Black River has been calculated by the North Carolina Fish and
Wildlife. Cost of their investigation and projected fish replacement
cost are as follows
Investigation, including personnel, equipment, etc. $5929.SS
Fish replacement costs S4106.52
TOTAL $10,036.10

ANDULL OPERATIONS IHSPBCTION FORM
Date of Inspection: June 9, 1996
Name of Owner of Property (Check Register of Deeds or Taz Office):
Mr. Lauchlin Faircloth
Name of operators Mr. Lauchlin Faircloth
Address: c/o Faircloth Farms
P.O. Box 496
Clinton, North Carolina 28328
Phone Numbers 1910) 592-3593
Description of Facility Location (State Road Noe., etc.): The Faircloth Farms
cattle operation involved in this incident is located in an immense
pasture/cropland area situated between Boykin Bridge Road (SR 1214) and
Ebenezer Forest Road (SR 1211). The Great Coharie Creek forms an eastern
boundary to a large part of the area under cultivation. A dirt farm road runs
the length of the operation connecting the two state roads.
Type of Operation ($xampless Farrow to finish, topping, dairy, swine, cattle,
chickens -layers or broilers, turkey production, etc.): This part of
Faircloth Farms is a stocker cattle operation.
Number and Type of Animals or Animal Units: The normal breeding herd on
this farm is approximately 1500 cows. There are presently about 3400 animals
on the site. This includes recently weaned calves and approximately 400
heifers kept from last year for possible breeding herd expansion.
Length of Time Animals have been, are, or will be Stabled or Confined and Fed
or Maintained in any 12-Month Period: Cattle on this farm are pasture grazed
for twelve months a year.
Are Crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the
Normal Growing Season over any Portion of the Lot or Facility? This farm
includes several thousand acres of coastal bermuda grass grown for feed
purposes. .
Description of Other ]animal operations in Iaaoediate Vicinity and Proximity to
Same or Other Surface Waters: The nearest other animal operation is a
Coharie Farms swine operation located to east, on the opposite side of Great
Coharie Creek. There are numerous swine farms within a five mile radius.
Proximity of Facility to Neighboring Houses, hells, etc.: There are no houses
or wells nearby.

Approximate Depth of Groundwater Table in the Area of the Facility or
Discharge: (liven the extensive ditching in this area, it seems reasonable to
believe that the seasonal groundwater is fairly shallow at the point of
discharge, probably 10 feet.
Prozisity of Facility to Surface Haters (Provide name and class of surface
waters): All three of the potato pits and feeding areas are located
immediately adjacent to or over a man made drainage ditch tributary to the
(heat Coharie Creek. The creek at this point is class C-Swamp.
Are Pollutants Discharged into the Waters of the State? If so, how?
(Directly or by man-made ditch, flushing system, or other similar man-made
device): Pollutants (decayed waste potato by-products used as animal feed and
cow manure) are not intentionally discharged to waters of the State. However,
there are substantial risks at each pit. Each potato storage pit includes a
gravity fed discharge line with a manually operated valve. Potato waste is fed
through this line into a concrete trough. Any excess flow from the feed trough
has the potential to flow over the feedlot and into the nearby waterway.
Obviously, cattle congregate at' these troughs to feed, resulting in an
accumulation of manure at each feeding area. Each of the feeding areas were
constructed with piped outlets for storm water drainage. Two of the feeding
areas were constructed immediately over a ditch, with storm drain pipes
discharging directly into the ditches. As a result of an incident in 1995 and
the subsequent correspondence, these pipes have now been blocked. Ideally,
storm drainage from these feeding areas would be in sheet flow over a grassed
area draining away from any defined drainage path. In actuality, rain water
now simply accumulates in these feeding areas.
The recent (June 9, 1996) fish kill was reportedly the result of an
employee error, where an unknown employee failed to completely close the gate
valve on the northernmost potato pit. The potato waste overflowed the feed
trough and entered the nearby drainage canal through a storm drain pipe on the
east end of the feed lot. According to the cattle manager, this pipe had been
closed after the 1995 incident, and the plug had apparently failed.
There are considerable accumulations of rainfall and manure at all of
these pits, presenting a potential for direct discharge. Although measures
were in place to plug the storm drainage pipes, at least one pipe was observed
leaking into the ditch beneath it during an inspection June 12, 1996.
Do or have Discharges Occurred in Response to a Storm 8vent or Less than a
25-year, 24-hour Inteneity? (If yes, include a brief listing of incidents and
suspected causes.):
The recent discharge of potato waste, on or about June 8, was not
associated with any rainfall event.
Type of haste Management (Maniples: Type of confinement -free stall barns,
sheltered or limited shelter dirt lots, paved or dirt open lots, swine houses,
pastures 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.)s
The Faircloth Farms cattle operation is a pasture grazing operation. The
only areas where cow manure is known to accumulate are the feeding troughs
where potato waste is fed.

condition of Waste Management Facility (Rate as poor -good, no discharge,
sufficient freeboard in lagoon, etc. Include weather conditions during
inspection.): From a pasture grazing perspective, waste management at this
facility would be considered unsatisfactory, primarily due to the lack of
management practices pertaining controlled stream access. Effective stream
controls should prevent cattle from ranging in the streams and causing
considerable streambank erosion, in addition to limiting the obvious waste
product contributions.
The condition of the potato feeding areas would also be considered poor.
There was no noticeable acceptable means of disposing of excess rainfall.
Surface water diversions were minimal, and drainage swales for filter strips
not in place. The design of the feeding areas is such that ponding of rainfall
is to be expected, especially with a continuous curb around the feed lot.
Given the location of these feeding areas, this presents a continuing
potential direct discharge situation. At the time of the original inspections,
in 1995 and 1996, there were no locks on the control valves that dispense the
potato product. In order to obtain a greater buffer area, this office had
recommended (to no avail) that the feeding troughs be relocated or redirected.
Animal Waste Discharge (Including photos and witness' names, addresses,
telephone numbers, and statements of fact.): Photographs are attached.
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.):
Field measurements for dissolved oxygen and conductivity were taken over a
period of five days at several stream locations on the'Great Coharie Creek and
Black River. The results of this sampling are tabulated below. A fish kill
involving all species was in progress at the time, with mortalities decreasing
as the days progressed.
Station loc-Rtion
Date
D.O. (ma/l)
Great Coharie creek at Boykin
Bridge
6-9-96
5.6
SR 1214 (per Keith Ashley)
Great Coharie Creek at
6-9-96
4.4
Wright Bridge Rd.(SR 1206 @ 11
a.m.)
Great Coharie Creek at
6-9-96
5.2
Highway 701 (12:20 p.m.)
Great Coharie Creek at
6-9-96
0.0
Lisbon Bridge (SR 1134 @ 1:00
p.m.)
(visual observations and D.O.
indicate
presence of plume)
Black River at Highway 411, Clear Run 6-9-96 6.5
(3:00 p.m.)

Sample data continued
StAtion location Date D.O.[ma/11
Great Coharie Creek just above 6-9-96 0.1
confluence with Six Runs Creek (5:15 p.m.)
(visual observations and D.O. indicate presence of plume)
Six Runs Creek just above 6-9-96 6.5
confluence with Great Coharie
Creek, 5:20 p.m.
Black River at point of origin 6-9-96 1.8 to 2.8*
just below, confluence of Six Runs and
Great Coharie Creeks, approx. 5:30 p.m.
Black River, at Highway 411, Clear Run 6-9-96 6.5
3:30 p.m.
Boykin Bridge, SR1214
6-10-96
5.6
Great Coharie Creek
Ebenezer Bridge, SR 1211
6-10=96
3.0
Great Coharie Creek
Wright Bridge, SR 1206
6-10-96
4.8
Great Coharie Creek
Highway 701•
6-10-96
5.8
Great Coharie Creek
Lisbon Bridge, SR1134
6-10-96
5.2
Great Coharie Creek
Black River at Clear Run 6-10-96 0.1 to 0.3*
Highway 411 (12:45 p.m.)
(@ 5:00 p.m.) 0.4
(visual observations and D.O. indicate presence of plume)
Black River at Highway 41 6-10-96 6.0
(1:30 p.m.)
(@ 4s50 p.m.) 6.2
Black River at Clear Run 6-11-96 6.0
Highway 411 (10:00 a.m.)
Black River at Highway 41 6-11-96 0.2
(10:15 a.m.)
(visual observations and D.O. indicate presence of plume)
Black River at SR 1007 6-11-96 5.9
Newkirk's Bridge

Sample Data continued
Station oc
2=
D.O.(ma/11
Black River at Hwy. 41
6-12-96
5.5
(1119 p.m.)
Black River at SR 1007
6-12-96
5.5
(1:33 p.m.)
Black River at SR 1105
6-12-96
4.8
(1:40 p.m.)
Black River at SR 1100
6-12-96
0.75
(1:56 p.m.)
(visual observations and D.O.
indicate presence of plume)
Black River at SR 1201
6-12-96
5.3
(2:00 p.m.)
Great Coharie Creek at SR 1211 6-12-96 4.7
(2:30 p.m.)
Great Coharie Creek at SR 1214 6-12-96 5.4
(3:30 p.m.)
Great Coharie Creek at SR 1214 6-13-96 5.5
(8:30 p.m.)
Great Coharie Creek at SR 1211 6-13-96 5.0
(8:14 p.m.)
Black River at Highway 411 6-13-96 5.7
Clear Run (7:50 p.m.)
Black River at SR 1100 6-13-96 5.4
(7:29 p.m.)
Black River at SR 1550, Beatty's Bridge 6-13-96 4.8
(7:18 p.m.)
Black River at Highway 53 6-13-96 4.8
(6:25 p.m.)
(No dead fish observed at any location on 6-13-96)
* Denotes violation of stream standard of 4.0 mg/l.
Recommendations made to Owner/Operator: Preliminary recommendations made to
Senator Faircloth on June 9, 1996 suggested that the spilled potato products
collected in the feeding area be collected and suitably disposed of. Although
the storm outlet had been plugged, heavy rainfall could conceivably result in
additional discharges of this material. The same recommendations made in the
fall of 1995 will be reiterated in upcoming correspondence.

in a September 29, 1995 letter, Mr. W. Nelson Waters, Supervisor of the
Faircloth Farms, indicated that the following measures would be implemented in
order to decrease risks associated with the potato feeding pits:
"1. Place locks on all valves that are used to release potato by-products
into feeding troughs.
2. Discontinue usage of drainage pipes leading from the cattle feeding
areas and into drainage ditches. Reroute drain water to filter areas of
established crops." (at least partly done)
"3. Construct surface water diversions around each potato pit so as to
minimize the amount of surface water entering the pits.
4. Redesign feeding areas so that surface water and any cattle or potato
waste will be directed over a buffer area of established coastal bermudagrass
or other other suitable cover, depending on the season. This should greatly
minimize the chance of any waste reaching ditches or streams.
5. Educate each Faircloth Farms employee as to the proper operation of
the potato pits and feeding areas, and of the potency of the by-product and
its potential effect on the environment.
6. We plan to decrease feeding of potato by-products in the existing
troughs and increase our pasture feeding. This will mean the majority of the
by-product will be pulled from the pits and trucked to troughs located in
pastures that are located away from drainage ways.
7. A Spill Control Plan will be formulated for use in case of an
emergency."
This inspection found evidence to indicate that items 2 and 6 had been
partially implemented. However, it does not appear the other items have been
properly addressed.
Recommendations for Further DRK Action (Re -inspect, designate, etc.):
It is the recommendation of this office that the farm be sent a Notice of
violation for the discharge. This letter should also indicate our intentions
to recommend revocation of the deemed permitted status of the farm due to the
history of problems and the lack of controlled stream access.
other Comments:

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I
STATE OF NORTH CAROLINA
COUNTY OF BAMPOON
IN THE MATTER OF
LAUCHLIN FAIRCLOTH
d/b/a FAIRCLOTH FARMS
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE SECTIONS
143-214.1 AND 143-215.1
AND
15A NCAC 2B.0211
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND
NATURAL RESOURCES
FILE No. WQ
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (G.S.)
143-215.6A, I, A. Preston Howard, Jr., Director of the Division
of Environmental Management (DEM), make the following:
I. FINDINGS OF FAST:
A. Lauchlin Faircloth, doing business as Faircloth
Farms, is sole owner of a cattle grazing and feeding
operation located between SR 1211 and SR 1214,
southwest of Clinton in Sampson County, North
Carolina.
B. On June 9, 1996, at approximately 8:30 a.m., DEM was
notified by a North Carolina fisheries biologist of a
fish kill in the Great Coharie Creek, southwest of
Clinton. The upstream limit of the kill was
reportedly in the vicinity of SR 1211, immediately
below the Faircloth farm.
C. On June 9, 1996, while investigating the fish kill,
DEM staff met with Mr. Faircloth at the SR 1206
bridge over Great Coharie Creek. At that time,
Mr. Faircloth indicated that the fish kill was
the result of a spill at one of his cattle feeding
areas. Mr. Faircloth indicated he would assume
full responsibility for this fish kill.
D. After determining the current downstream limits of
the fish kill, DEM investigators and Mr.' Faircloth
observed evidence of a discharge from a feeding area

on the Faircloth farm. This feeding area is one of
three located on this farm. Waste potato by-products
are stored in pits and gravity fed into feed troughs
for animal consumption. Flow to these troughs is
manually regulated with a sliding gate valve. Mr.
Faircloth indicated that an employee had failed to
fully close this valve, which allowed an excess of
feed product to enter the trough, overflow, and
discharge into an adjacent unnamed tributary to Great
Coharie Creek.
E. Mr. Faircloth indicated that he had discovered and
closed the leaking valve the evening of June 8, 1996.
F. According to DEM staff estimates, the liquid level in
the potato storage pit had dropped approximately
twelve inches, an estimated volume of 81,500 gallons.
An undetermined percentage of this product entered
the stream.
G. From June 9 to June 11, 1996, the North Carolina
Wildlife Resources Commission documented
environmental damage to the Great Coharie Creek and
Black River as a result of the discharge at Faircloth
Farms. The environmental damage included, but was not
limited to, a loss of 6,172 fish of various sizes,
types, and classifications.
H. The Great Coharie Creek is classified as C-Swamp
waters. The Black River is classified as C-Swamp,
Outstanding Resource Waters.
I, The water quality standard for dissolved oxygen
(D.O.) in the Great Coharie Creek and Black River is
a minimum daily average of 5.0 mg/l, with a minimum
instantaneous value of not less than 4.0 mg/l, as set
forth in 15A NCAC 2B.0211(3)(b).
J. From June 9, 1996, to June 12, 1996, DEN took field
measurements for dissolved oxygen within the waste
plume as it progressed downstream in the Great
Coharie Creek and Black River. On June 9, the
dissolved oxygen concentration in Great Coharie Creek
at SR 1134 was 0.0 mg/l. On June 10, the D.O. in
Black River at Highway 411 was 0.1 mg/l. On June 11,
stream D.O. levels in Black River at Highway 41 were
0.2 mg/l. Dissolved oxygen concentrations on June 12
were found to be 0.75 mg/1 in the Black River at
SR 1100.
K. In correspondence to Mr. Faircloth dated
September 8, 1995, DEM expressed concern about the
location of the potato by-product feeding areas as
they relate to protection of Great Coharie Creek. A

schedule for implementation of Best Management
Practices (BMPs) was also requested.
L. On October 5, 19950 DEM received a letter from
Faircloth Farms providing a list of 7 management
practices proposed for implementation within 90 days
of the letter. Inspection by DEM on June 12, 1996
found that few of these measures had been fully
implemented. Specifically: item (1), only one of
the valve control levers was secured with a lock;
item (2), all drainage pipes had not been permanently
sealed to prevent any discharge and there was no
evidence that drainage had been routed to filter
areas of established crops; item (4) there was no
evidence of redesign of feeding areas to effect
distribution of potato and cattle waste over grass
filter strips. Items 5 and 7 have not been confirmed.
M. Staff costs and expenses associated with detecting
the violation, defining its nature and extent, and
bringing the enforcement action totalled $ 3406.30.
Based upon the above Findings of Fact, I make the
following:
I I . CONCLUSIONS QE LW-:
A. Mr. Lauchlin Faircloth, sole proprietor of Faircloth
Farms is a "person" within the meaning of G.S.
143-215.6(A) pursuant to G.S. 143-212-(4), and is
legally responsible for all violations committed by
Faircloth Farms.
B. Faircloth Farms discharged waste potato by-products,
used as animal feed, on or about June 8, 1996, in
violation of G.S. 143-215.1.
C. Faircloth Farms violated G.S. 143-214.1, G.S.
143-215.1, and 15A NCAC 2B.0211(3)(b) by discharging
waste potato by-products which resulted in
dissolved oxygen concentrations below the minimum
stream standard for Class C-Swamp waters on June 9,
10, 11, and 12, 1996 as described in section I.(J) of
the Findings of Fact herein.
D. General Statute 143-215.6A(a)(6) provides that a
civil penalty of not more than ten thousand dollars
per violation per day may be assessed against a
person who "violates a rule of the Commission
implementing this Part, Part 2A of this Article, or
G.S. 143-355(k)," referring to the water quality
statutes.

P
P Air E. General Statute 143-215.6A(a)(1) provides that a
civil penalty of not more than then thousand dollars
per violation per day may be assessed against a
person who "violates any classification, standard,
limitation, or'management practice established
pursuant to G.S. 143-214.1, 143-214.2, or 143-215."
F. General Statute 143-215.3(a)(9) provides that the
reasonable costs of any investigation, inspection, or
monitoring survey may be assessed against a person
who violates any regulations, standards, or
conditions of any permit issued to G.S. 143-215.1, or
special order or other document issued pursuant to
G.S. 143-215.2.
G. The Director, Division of Environmental Management
pursuant to G.S. 143-215.6A(h), has the authority to
assess civil penalties.
Based upon'the above Findings of Fact and Conclusions of
Law, I make the following:
III. DELIS :
Pursuant to G.S. 143-215.6A, in determining the amount of
the penalty, I have taken into account the Findings of Fact and
Conclusions of Law and considered the factors listed in G.S.
143B-282.1.
Accordingly, Mr. Lauchlin Faircloth, proprietor of
Faircloth Farms, is hereby assessed a civil penalty of:
For one violation of G.S.
143-215.1(a)(6), for causing or
permitting waste, directly or indirectly,
to be discharged to or in any manner
intermixed with the waters of the State
in violation of the dissolved oxygen
water quality standard,
for of four violations of the
dissolved oxygen water quality standard,
G.S. 143-214.1 and
15A NCAC 2B .0211(3)(b).
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty authorized
by G.S. 143-215.6A(a).
Enforcement costs.

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.,P.E.,D rector
Division of Environmental
Management

N
® North Carolina Wildlife Resources Commission®
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
June 26, 1996
Mr. Tommy Stevens, Regional Supervisor
Fayetteville Regional Office, DEM
Wachovia Bldg., Suite 714
Fayetteville, NC 28301
Subject: Great Coharie Creek Fish Kill
Bladen, Pender and Sampson counties
June 8-12, 1996
Dear Mr. Stevens:
JIXI se pge
ENV. MANAGEMENT
FAYETTEVILLE RE(). OFFICE
The subject fish kill resulted in a fish replacement cost of $ 4,106.52 and an investigative
cost by the Wildlife Resources Commission of $ 5,929.58. The total cost allocable to this agency
is $ 10,036.10.
Please advise me if we can be of further assistance.
Sincerely,
Robert L. Curry
Fisheries Program Manager
Division Boating/Inland Fisheries
[phone]
cc: Mr. Kent Wiggins, Division of Environmental Management
Mr. Kent Nelson, Coastal Fisheries Supervisor
Mr. Keith Ashley, District 4 Fisheries Biologist

Index to Inland Fishing Waters No. CER 1-20-13 (Great Coharie Creek)
Biological Investigation of Fish Kill
Waters Involved: Great Coharie Creek from approximately 2-3 miles upstream
from the SR 1211 bridge downstream to NC 411 at Clear Run
County(ies): Bladen, Pender, Sampson
Date(s) From: June 8, 1996 To: June 12, 1996
Observations Reported: At approximately 2030 hours on June 8, 1996, District 4 Fisheries
Biologist Keith W. Ashley (734) was notified by Susan in the Raleigh dispatch office about a
fish kill occurring in Great Coharie Creek (CFR 1-20-13). Susan had received the call from a
Mr. Neal Daughtry who lived on the creek off SR 1135 (Lamb Road) approximately 5-7 miles
below the NC 701 bridge crossing of Great Coharie Creek. Mr. Daughtry reported at the time
that he had observed 5-10 fish dead in the creek behind his house and another 50-60 in distress.
734 informed Mr. Daughtry that an investigation would begin first thing on the morning of June
9th.
On the morning of June 9th, 734 contacted Mr. Ken Averitte of the Division of Environmental
Management's (DEM) Fayetteville Office at approximately 0830 hours and informed him of the
kill and requested he meet 734 at the SR 1211 bridge crossing on Great Coharie Creek. Mr.
Averitte informed 734 that he and someone else from his office would meet him at that site as
soon as possible. 734 arrived at the site at approximately 0850 hours and began a preliminary
investigation into the cause of the fish kill. Sgt. Dwight Davis (304) and Master Officer Matt
Long (314) were waiting for 734 at the SR 1211 bridge crossing when he arrived. 734 was able
to locate only 3-4 dead fish (bullhead, darter, redbreast sunfish) at this site upon beginning his
investigation. However, 314 informed 734 that when he arrived at the site (0730 hours) there
were numerous large redbreast sunfish and other fish dead at this site. Further investigation
revealed that someone had apparently walked the creek at this location, both upstream and down,
and had thrown many dead fish up on the banks in the weeds.
Water quality measurements taken at this site (SR 1211) revealed a pH of 6.7, a water
temperature of 22.6° C, a DO of 3.1 ppm and an oxygen saturation of 36.5 %. Additional water
quality measurements were taken from two additional sites, immediately downstream at the SR
1206 bridge crossing and immediately upstream at the SR 1214 bridge crossing. Water quality
parameters at the downstream site (SR 1206) were: pH = 6.7, DO = 4.6 ppm, water temperature
= 22.5° C and an oxygen saturation of 54.4 %. Parameters at the upstream site (SR 1214), which
is the reference site above where the kill occurred were: pH =6.7, DO = 5.6 ppm, water
temperature = 23.2° C, and an oxygen saturation of 61 %. Numerous dead fish were observed at
all bridge crossings below the SR 1211 bridge crossing. 734 then contacted Fish Division Chief

2
Fred Harris (700) and Asst. Chief Bob Curry (710) at their residences and informed them about
the kill.
Mr. Ken Averitte and Ms. Kitty Kramer of DEM's Fayetteville office arrived at the site at
approximately 1100 hours. DEM immediately began their own investigation into the cause(s) of
the kill. At approximately 1300 hours on the 9th, Mr. Tommy Stevens, Regional Supervisor for
DEM's Fayetteville office, and Mr. Paul Rawls (of the same office) arrived at the scene and after
consultation with 734, requested that a fish pickup and enumeration begin immediately. Division
of Enforcement personnel were then alerted and assistance requested. At approximately 1400
hours, 734 contacted District 4 Asst. Fisheries Biologist Tom Rachels (744) and informed him
that a pickup had been requested by DEM and that he needed to bring all necessary fish kill
workup materials to the NC 701 bridge crossing as soon as possible.
All dead fish between the SR 1211 and NC 701 bridge crossings were collected by 304, 314,
744, and Fisheries Technician Marshall Ray (754) on the 9th. It was noted that fish were in poor
condition and had been dead for at least two days. All fish were identified, sorted to species,
length grouped and weighed by 734, 744, 754, Fisheries Supervisor Bennett Wynne (722), and
District 2 Fisheries Biologist Brad Hammers (732). On June 10, 734, 744, 754, 732, District 2
Asst. Fisheries Biologist Albert Little (742), 304, 314, Master Officer Howard McKenzie (324),
Master Officer Charles Hinson (334), Boating Technician Doug Robertson (824), and Boating
Technician Lloyd Guyton (8241) met at the NC 701 bridge crossing at 0900 hours and
immediately began working downstream to the NC 411 (Lisbon) bridge crossing. All dead fish
from this section of the creek were worked up at Mr. Daughtry's residence and disposed of in an
open pit dug by Sen. Faircloth on his property. All fish were identified, sorted to species, length
grouped, and weighed by 734, 744, 754, 732, 742, 722, 824, and 8241. Fish pickup continued
until approximately 1800 hours on the loth at which time a severe electrical storm suspended all
activity until the morning of the 11 th.
All dead fish not worked up on the evening of the 10th due to the electrical storm were worked
up by 1100 hours on the I Ith. However, due to the number of fish collected at this site (between
Mr. Daughtry's place and the NC 411 bridge crossing), this collection of fish was sub -sampled,
by weight, according to procedures outlined in the American Fisheries Society Special
Publication No. 24, Inyestigation and Vgluation of Fish Kill , 1992. Dead fish were collected
from all but approximately 0.25 miles of this approximate four mile section of the creek and
represented approximately 99% of this creek section. All fish from this section were evenly
distributed into nine, #2 size wash tubs with the sub -sample consisting of three of these tubs. A
total of 304 lbs. of fish were collected from this section of the creek with the sub -sample
comprising approximately 35 % (106 lbs) of the collection. Fish in the sub -sample were then
individually identified to species, size grouped and weighed. A correction factor of 2.87 was
then used to expand the weight of fish in the sub -sample to the total weight of all fish collected in
this section. It should be noted that this was the only site were dead fish were sub -sampled.
Following workup of these fish, 304 and 324 informed 734 that there were very few dead fish
remaining in the section of creek from the Clear Run bridge (NC 411) downstream to the NC 41
bridge (Black River) and that the worst of the kill was probably over. The potato waste plume

3
was at the NC 41 bridge crossing at this time. When informed of this information, Mr. Averitte
and Mr. Rawls suspended all fish pickup activities and everyone was sent home,
A estimated 6,172 fish were collected and enumerated by both Boating and Inland Fisheries and
Division of Enforcement personnel during the four day kill. This includes a total of 4,941 fish
individually identified to species and measured during the investigation and 1,231 fish estimated
from the sub -sampled section of the creek between Mr. Daughtry's property and the NC 411
bridge crossing. Total fish replacement costs equal $4,106.52 for these fish. Assessment of fish
replacement costs followed guidelines established by the American Fisheries Society Special
Publication No. 24, Investigation and Valuation of Fish Kills, 1992. It is very likely that the total
number of fish collected underestimated the total number of fish killed. The spill occurred on the
evening of June 7th but was not reported until the evening of the 8th, with fish pickup not
beginning until approximately 1530 hours on June 9th. Thus almost two days passed prior to the
initiation of fish pickup and given the hot, humid conditions, many fish most likely decayed
and/or were consumed by predators (hawks, owls, vultures, raccoons, etc.) before they could be
collected. It should also be noted that a significant portion of the invertebrate population
(crayfish, dragonflies and damselflies, etc.) in Great Coharie Creek, which live on the stream
bottom, were killed during this event, indicating the extremely high BOD associated with the
spill. Also, it is difficult to assess the full extent of this fish kill due to the severity of fish kills
which occurred in this same section of Great Coharie Creek during June 1994 and August 1995.
Finally, access to certain portions of the creek were severely limited because of low water depths,
dense riparian vegetation, and numerous impassable snags in and along the river.

Evaluation of Dead•Fish
Replacement Costs
GAME FISH
Species
Centrarchidae:
Sunfishes - Largemouth Bass
Value Value
Total
Length
Number
Weight Fish per/lb
Value
3"
1
$ 0.24
$
0.24
4"
3
$ 0.33
$
0.99
5"
14
$ 0.50
$
7.00
6"
14
$ 0.62
$
8.68
7"
14
$ 0.70
$
9.80
8"
16
$ 0.86
$
13.76
9"
8
$ 0.90
$
7.20
10"
1
$ 1.00
$
1.00
11"
9
$ 1.10
$
9.90
12"
11
$ 1.20
$
13.20
>12"
24
29.84 $ 3.87
$
115.48
Total
115
29.84
$
187.25
Species Centrarchidae: Sunfishes -Black Crappie
Value
Value
Total
Length
Number
Weight
Fish
perllb
Value
5"
13
$
0.25
$
3.25
6"
12
$
0.80
$
9.60
7"
11
$
0.85
$
9.35
8"
12
$
1.15
$
13.80
>8"
22
6.45
$ 3.68 $
23.74
Total
70
6.46
$
59.74

Species
Centrarchidae:
Sunfish Category: Blueg€II, Redbreast,
Redear, Warmouth,
Flier, Pumpkinseed and Spotted
Sunfish
Value Value
Total
Length
Number
Weight Fish per/lb
Value
2"
6
$ 0.10
$
0.60
3"
320
$ 0.23
$
73.60
4"
475
$ 0.38
$
180.50
5"
297
$ 0.51
$
151.47
6"
370
$ 0.83
$
307,10
7"
568
$ 0.86
$
488.48
8"
479
$ 1.12
$
536.48
9"
358
$ 1.50
$
537.00
>9"
136
69.00 $ 2.28
$
157.32
Total
3009
69.00
$
2,432.55
Species Esocidae: Chain pickerel & Redfin pickerel
Value
Value
Total
Length
Number
Weight
Fish
per/lb
Value
4"
2
$
0.80
$
1.60
5"
1
$
0.80
$
0.80
6"
4
$
0.80
$
3.20
9-12"
17
$
1.60
$
27.20
>12"
30
18.20
$
2.62 $
47.68
Total
54
18.20
$
80.48
Species
Clupeidae: American shad
Value Value Total
Length Number Weight Fish per/lb Value
>13" 137 173.43 $ 1.20 $ 208.12
Total 137 173.43 $ 208.12

NONGAME FISH
Species
Ictalurldae:
Freshwater catfishes - Channel & White catfishes
and Yellow Bullheads
Value
Value
Total
Length
Number
Weight
Fish
per/lb
Value
4"
3
$
0.12
$
0.36
5"
7
$
0.14
$
0.98
6"
61
$
0.14
$
8.54
T'
30
$
0.15
$
4.50
8"
69
$
0.16
$
11.04
9"
98
$
0.21
$
20.58
10"
151
$
0.25
$
37.75
11"
229
$
0.36
$
82.44
12"
164
$
0.47
$
77.08
13"
56
$
0.53
$
29.68
14"
9
$
0.66
$
5.94
>14"
8
16.00
$ 1.10 $
17.60
Total
885
16.00
$
296.49
Species Ictalurldae: Freshwater catfishes - Madtoms
Value Value
Total
Length
Number
Weight
Fish perllb
Value
2"
7
$
0.50
$
3.50
3"
68
$
0.75
$
51.00
4"
71
$
0.75
$
53.25
5"
88
$
1.25
$
110.00
Total
234
$
217.75
Species
Cyprinidae: Golden shiner
Value Value Total
Length Number Weight Fish per/lb Value
4" 1 $ 0.19 $ 0.19
>6" 2 0.30 $ 3.25 $ 0.98
Total 3 0.30 $ 1.17

Species Anguillidae: Freshwater eels
Value Value Total
Length Number Weight Fish per/lb Value
All 23 $ 2.00 $ 46.00
Total 23 $ 46.00
Species
Catostomidae:
Spotted suckers & Creek chubsucker
Value Value
Total
Length
Number
Weight Fish per/lb
Value
3-5"
1
$ 0.80
$
0.80
6"
16
$ 1.00
$
16.00
7-12"
30
$ 2.00
$
60.00
13"
2
$ 3.00
$
6.00
>13"
89
104.40 $ 2.27
$
236.99
Total
138
104.40
$
319.79
Species Miscellaneous: Other Cyprinids, Pirate Perch
Value Value Total
Length Number Weight Fish per/lb Value
All 1450 $ 0.08 $ 116.00
Total 1460 $ 116.00
Species
Percidae:
Yellow Perch & Darters
Value
Value
Total
Length
Number
Weight Fish
per/lb
Value
3"
1
$ 0,54
$
0.54
4"
1
$ 0.97
$
0.97
6-7"
4
$ 1.88
$
7.52
>7"
48
14.70 $
8.99 $
132.15
Total
54
14.70
$
141.18

Field Investigation Costs
Name
Dwight Davis
Matt Long
Howard McKenzie
Charles Hinson
Subtotal Protection
Name
Keith W. Ashley
Bennett Wynne
Brad Hammers
Albert Little
Robert T. Rachels
Marshall Ray
Lloyd Guyton
Doug Robertson
Subtotal Inland Fish
PROTECTIONPERSON
Hours
Salaries
EL
Mileage
28.5
$
588.81
$
88.83
26.0
$
353.86
$
66.42
18.5
$
339.10
$
54.74
6.5
$
88.46
$
22.14
79.5
$
1,370.23
$
232.13
Subsistence Miscellaneous
$ 13.00
$ 9.00
$ 5.00
$ 27.00
BOATING
AND INLAND
Subsistence
Miscellaneous
Hours
Salaries
,FISHERIES
Mileage
40
$
631.20
$
124.10
$
28.00
$
50.00
29
$
492.71
$
14.00
29
$
448.05
$
146.72
$
14.00
$
3.00
21
$
362.88
$
14.00
$
15.00
32
$
394.24
$
66.24
$
28.00
$
15.00
31
$
525.45
$
108.27
$
15.00
21
$
198.66
22
$
244.64
$
56.76
$
10.00
226
$
3,297.83
$
602.09
$
98.00
$
108.00
Report and Evaluation Preparation
Name
Hours
Salaries
Keith W. Ashley
16
$
252.48
Bob Curry
2
$
41.82
Subtotal
18
$
294.30
Grand Total
243
$
3,692.13

Cost Summary:
Protection
Inland Fish.
Total
B. Fish Replacement
$
4,106.52
$
4,106.52
C. Fish Transportation
D. Fish Investigation
Salaries
$
1,370.23
$
3,592.13
$
4,962.36
Mileage
$
232.13
$
502.09
$
734.22
Subsistence
$
98.00
$
98.00
Boat Rental
Miscellaneous
$
27.00
$
108.00
$
135.00
Totals
$
1,629.36
$
4,300.22
$
5,929.68
Grand Total
$
10,036.10

c6r/z ro- /P� , ,
C,2&r /��

-- -- — - -- For Lab Use ONLY
ipavlo-tuil ur ENVIKONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM {DM1)
�i1147 N (�Q PRIORITY SAMPLE TYPE
IVER BASIN P ❑AMBIENT ❑ QA ® STREAM ❑ UEiF1JIEJY�
EPORT TO: ARO MRO RRO WaRO WIRO WSRO TS
.T 8M ❑COKPLIANCE CHAIN ❑ LAKE ❑ 991DEN1'
thee OF CUSTODY
hipped bir. ]Bes few. taff Other ❑EMEKGENCY ❑
Lab Numbar -
Date Recelved:
D
Tlme:
Rec'd b Fram: Bue Cowrie and pe
DATA ENTRY BY: CK:
DATE REPORTED:
OLLECTO114S): /Drvvms, Kn �Y�C N 1-- .
atlmated DOD Range: 0-5/5-25/2545/40-130 or 100 plow_ STATION
sod: Yea ❑ Now lChloristated: Yea© Ho❑ REMARKS: ^I�o��b.t F .,F14 k:- 11 — 2E.,e txt---1-1's0 wx, 57,2 ,J AW 4n C�-w_ ���Le_ f0
tatioo # rs��,.
gin (yy/mm/dd) Time Begin Data End Time End Depth DR DAM Valve vpo Composiq Sasple Type
ui (0 O9 14;30 r ,/ A H L T S 8 C 0 GNXX
21 X 1" Hlgh s4B man 1
Collforam MF Total 3151M /100m1
6
Coliform: Tube Fecal 31615 /I00ml
7
Collform: Fecal Strop 31673 1100mi
8
Residue: Total 500 m9A
9
Volatile 505 mg/l
10
1 Fixed 510 mg/f
11
Rasldaa: Suspended $30 mg/I
12
Volatile SSS mg/1
13
Flied 540 m9/1
pH 403 units
i4
15
Acidity to pH 4.S 436 arg/i
16
Acidity to pH 8.3 435 300/1
17
Alkalinity to pH 8.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/l
191
1 TOC 680 mg/1
20
Turbidity 76 NTU
Chloride 940 mg/1
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 u2A
Phsopbytiu a 32213 ug/I
Color. True 80 Pt -Co
Color:(pff ) B3 ADMf
Color. pH 7.6 82 ADMI
Cyanide 720 mg/i
Fhroride 951 mg/l
Formaldehyde 71880 mg/1
Grease and Oil* 5% W40
Hardness Total90D mg/1
Speclik Cond. 95 2
nMhos/cm
MBAS 38260 mg/1
Pbeaols 32730 atl/1
Sugata %5 smell
Sulfide 74S mg/l
NH3 as N 610 mgn
TKN as N 625 010/1
DI(12 plus NOS as N 630 o►gp
P: Total as P 66S mg/1
PO4 as P 70M m0/1
P. Dlsrdved as P 666 mp/1
C41<1dmit m 1027 ng/l
Cr-ChtamhwaTood 1034 man
Ca4;opper 1042 08/1
NMiickel 1067 ng/1
Pb-Lead 1051 ng/1
Zn-Voc 1092 uW7
A Bver I077 USA
Al -Aluminum 1105 u9A
se-8eryglum 1012 02/1
CaCalclum 916 -CA
Co-Cobait 1037 n0A
Fe-lron 1045 09A
L-Lithlom 1132 USA
Mg44sgmmIum 927 mgA
Ma-manyaueae 1053 ug/[
Na-Sodlam 929 m9/1
Arsenit_Total 1002
Se-Selemlum 1147
Hg-Mercury 71900 UnA
Orgaaocblarine Peatiddea
OMrropbamplwrus Pa■tidda
Add Herbkidea
Base/ Neutral Extractable Organics
Acid Extractable Organ
Purgeable Organic& (VOA bottle rcg'd)
Pbympiamhtoa
=Para point ><
uUame at 25 C
Water Tempo turm IQ
D.O. -94
pH
AlkaOnity
Acidity
Ali Temperature Q
PH 93 pH 4S
pH 43 PH 9-3
94
10
30D If
401) is
82241 431
82243 t62242
20
Sallnfty f1
Precipltloo Cm/dey)
Clu d Cover S
Wind Direction O)eg)
Stramin Fbrr Severhv
Turbidity Severity
Wind Velocity KAM4
can Straus Depth fL
Sneam Width f .
480
45
32
36
1351
1350
35
4

DMSION OF ENVIRONIAENTAL MANAGENWNT
s
Chemistry
Laboratory Report l Water Quality
-
WD SAMPLE TYPE
' COUNTY - SAMPSON
PRIORITY
RIVER BASIN:
0 AMBIENT
❑ QA
❑ SIRFAM
❑ EFFLUENT
REPORT TO FRO Regional Olrtoe
Il COMPUANCE
X❑ CHAIN OF CUSTODY
❑ LAKE
❑ INFLUENT
Other
X❑ EMERGENCY
❑ ESTUARY
COLLECTOR(S) SIEVEMIAVERnW
Lab Number : 6NV2896
Data Received: 61tot%
Time Received : 8:25 AM
Received By DSSff
Data Released
Date Repmud
Estimated BOO Range: Station Location: UT HARCLOTH FARM
Seed: Chlorinated: Remarks:
e
Station S Date Begin (yylmmfdd) Date Fad (yylmmldd) Time Begin Time End I Depth - DDt, DB, DBM Vahre T3W • A, H, L Camtaositt-T, S. 8 Sampk T7Pc
9lifo&"
x
BOD 310 NO VALUE/QC PR mglL
X
COD High 340 330 mg1L
COD Lvov 335 mgfL
Colifotm: MF Fecal 31616 /100m1
Colifurn: MFTotal 31504 1100vd
i Coliform: tube Fecal 31615 1100ml
C.1ifmm: Fin! Strep 31673 1100mE
Resifts: TOW 5W MVL
Volatiic 505 mg1L
Fixed 510 mg1L
Residue: 530 mg/L
Volatile 535 mgfL
Fixcd 540 mgfL
x
pH 403 3.8 units
Acidity to pH 4.5 436 mgfL
Acidity to pH 9.3 435 mgfL
Alkalinity b pH 8.3 415 mglL .
Allen pity to pH 4.5 410 m
TOC 68D mglL
Turbidity 76 NTU
CoN EENTS :
Cl4oride 940 mg1L
CIA a: Tri 32217 WL
CIA a: Corr 322M uglL
PhcophyLin a 32213 uglL
Color- True 80 c,u.
04cc (pH) 83 PH= C.U.
Color: pH 7.6 92 C.U.
Cp nide 72D mg1L
Fhtoride 951 mgfL
Formaldehyde 719W mgfL
Grease and Oils 556 mgfL
Hardness Total90D mg1L
Specific Card, 95 uMltoslcm2
MBAS 38260 nwL
Phcools 32730 ug1L
Sulfate 945 mE1L
Sultinfo 745 mg1L
Boras
Cohform Total Tube '1100 rvls
X
NH3 as N 610
1.3
m911,
X
TKN an N 625
4,0
mg1L
x
NO2 phts NO3 as N 630
1.8
mglL
x
P: Total as P 665
0.74
m L
PO4 as P 70507
MVL
P Dissolved as P 666
mg/L
K-Paustium
M01,
Cd- Cadmium I027
u
Cr-Ctrornuna:Total 1034
U914
Cu- Capper 1042
ug1L
Ni-Nickel 1067
VOL
Pb-Lead 105E
ugfL
Zn- Zinc t092
ug1L
V-Vaud'auo
uglL
Ag- Silver 1077
UFA
AI- Aluminum 1105
u
Be- BcryOnun 1012
u
Ca- Calcium 916
mg1L
Co- Cobalt 1037
uglL
Fe- Imo 1045
ugfL
La Lidtium 1132 ug1L
Mg- Magne=n 927 mgfL
Mn-Manganese 1055 ug7L
Na- Sodium 92R m
Arse ic:Tota1 1002 upJL
Sc- Selenium 1147 U&IL
Hg- Mercury 71900 ugfL
Ba Bar -sun ugfL
Organoddorine Pesticides
Orpno0wspww Pcuicidcs
Acid Elerbicides
BasdNeu:n!&Acid Ext .l le Organics
ITPH Diesel Range
Purgcable Organics (VOA bottle req'd)
TPH Gasol'me Range .
TPHIBTEX Gasoline Range
~! 4INS
MANAGEMENT
- FAYq, F G-

DIVISION OF ENVIRONMENTAL MANAGEMENT
Chemistry Lahoratory Report 1 Water QuoWy
w❑ SAMPLE TYPE
' COUNTY - SAMPSON
PRIORITY
RWER BASIN:
❑ AMBIENT Lj QA
STREAM
EFFLUENT
REPORT TO FRO Regional Ofr"
COMPLIANCE ® CHAIN OF CUSTODY
❑ LAKE
INFLUENT
' Other :
E) EMERGENCY
ESTUARY
COLLECTOR(S) STEVE NSIAVEREITE
i
Lab Number :
OV2897
Date Received :
6110196
Tnoc Received:
9:25 AM
Received By
DS
Dan ReleasedateReported
�t/'.
I��
D:
/
Estimated ROD Range: Station Location: UT FAIRCLOTH FARM DOWNSTREAM
Seed: Chlorinated: Remarks: '
Station A Date Begin (}'p1mm/dd) Date End (yylmmldd) Time Begm T®e End I Depth - DAI, DR, DBM Value Type - A, H, L Composite-T, S, B I Sample Type
96106/09
F
DOD 310 NO VALUUQC PR mg1L
%
COD High 340 470 mgfL
COD Lm 335 mg/L
Califortn: MF Fecal 31616 1100m1
Coliform: MF Tod 31504 1100m1
Coliform: tube Fecal 31615 1100m1
Colifa m: Feel Strop 31673 tION41
Residue: Total 5W mg1L
Volatile 505 m
Fixed 510 mg/L
Residue: &zpm3cd 530 mg/L
Volatile 535 mg/L
Fixed 540 mg/L
X
pH 403 3.3 emits
Acidity to pH 4,5 436 mgfL
Acidity to pH 9.3 435 mg/L
Alkalinity to pH 8.3 415 mg/L
ABalinky to pH 4.5 410 ftwL
TOC 680 mg1L
Turbidity 76 NTU
CO'AMENTS :
Chloride 940 m91L
Chi a: Tri 32217 ugfL
Oda: Car 32209 ugfL
Phepphytia a 32213 ugfL
Qtlar. True 80 C.U.
Color: (pH ) 83 PH= C-u-
Color: pH 7.6 82 c-u.
Cya At 720 mg/L
Fluoride 951 mg/L
Fatmaldchyde 718W mgfL
Gtcnse and Oils 556 m91L
Ilardrtcas Toted 900 m9tL
5 iTtc Card. 95 uMhosfcm2
MBAS 38260 rng1L
Ptrnols 32730 ugfL
Sulfate 945 MOL.
Sulfide 745 mgfL
Roan
Cdiform Tad Tube -1100 ads
X
NH3 as N 610
1.8
mg1L
X
TKN an N 625
3.3
mg/L
%
NO2 pbts NO3 as N 630
1.8
mgfL
X
P: Total as P 665
0.98
m911L
PO4 as P 70507
RTX
P: Dissolved m P 666
mgfL
K-Potassium
m911-
Cd- Cadmnan 1027
ugfL
Cr-Chrannan:Tad 1034
ugfL
Cu- Copper 1042
ugfL
Ni Nickel 1067
ugfL
Pb- Lad 1051
ugfL
Zrr Zhx 1092
ugfL
V-Vanad'aan
ug1L
AS- Silver 1077
ugfL
AI- Akaniraats 1105
ugfL
Be- Beryllium 1012
ugfL
Ca- Calcium 916
mg/L
Co- Cobalt 1037
ugfL
Fc- Iron 1045
ugfL
Li-Li[hium 1132 ' t u91L
M - Mag= unt 927 mg/L
Mn Mangutese 1055 ugfL
Na- Sodium 929 - mg/L
Arsenic:Tod 1002 ,, ugfL
Sr Selenium 1147 +='* ugfL
Hg- Mercury 71900 ugfL
Ra Barium .+' u911-
site Pesticides :v;
Organoompiruus Pesticides
Acid Herbicides
BaseMeuuaMAcid Extracuble Organics
TPH Diesel Rangc
Pmageable Organics (VOA bouk r 'd)
TPH Gasoline Range
TPHI6TEX Gasoline Raagc
Phytuplanktan
r
t
0
JUL 2
EW MANAGEMENT
FAYETfEVILLE REG. OFFICE

usvibluty car ENVIKONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) z
':oLwm PRIORITY SAMPLE TYPE J
LIVER BASIN CK
❑AMBIENT ❑ QA © STREAM ❑ EFFt. Errr
EPOR7 TO ARO>'iERO RRO WaRO WiRO WSRO TS ((�� ❑LAKE ❑ :UFhT
T B}1 ❑COMPLIANCE CHAIN i�er OF CUSTODY
hipped bye Bus Courier. 19Oth• EKE RGENCY?%
.1 7CI COD Hlgh 340 mall 1
q--
- — — - — ----- ----
1 5
Colllorm: MF Total 31504 /loom]
6
Colilorac Tube Fecal 31613 /100m1
7
Coliforac Fecal Strap 31673 /100ml
S
Residue: Total 500 mg/l
9
Volatile 505 mg/1
10
Fixed 510 meA
11
Residue. Suspended 530 m0/1
12
.
Volatile 535 mg/l
13
Fixed 540 mg/l
pH 403 unlia
14
15
Acidity to pH 4.5 436 m2A
16
Acidity to pH 8.3 435 me/1
17
Alkalinity, to pH 8.3 415 m11/1
18
Alkalinity to pH 4.5 410 me/1
19
TOC 680 - mall
AA
Turbidity 76 N1U
Chloride 940 m9/1
Chi a: Trl 32217 Dan
Chi avCorr 32209 ugA
Pheophytin a 32213 us/1
Color: True 80 Pt -Co
Color:IpH ) 83 ADMI
Color. pH 7.6 82 ADM]
Cyanide 720 m9/1
Fhtwide 951 mg/1
Formaldehyde 71880 mg/l
Grease and Oils SS6 mgA
Hardncas Total900 mg/1
Specuk Cond. 95 uMbos/cm2
MBAS 38260 t29A
Phenole 32730 Mill
Sulfate 94S men
SuHlde 745 OVA
x
• - a6,e
tSt3 ej C,_
Far 1-b D.. nMLY
b No bar.
Date Received rd Time:
Rec'd by: From: Bee-Coaria and Del
DATA ENTRY BY: CK:
DATE REPORTED: '
K
NH3 as N 610 m64
TKN as N 625 ray/1
NO2 plus NO3 as N 630 mg/I
P% Total as P 665 109/1
7 rng
P 666 mill027
w
V
ote11034 tell2
ug/1
NI-Nlckel 1067 ug/1
Pb-Lead 1051 ODA
Zrr•Ztnc 1092 o9/1
liver 1077 uaA
AMiuminom 1105 u2/1
Be-BeryBlum 1012 tali
CaCalclum 916 ms/1
Co -Cobalt 1037 ag/I
Fe -iron 1045 tn/I
LlaJthlum 1132 aq/I
Mg-Mapeealum 927 man
Ma -Manganese loss ES/1
NaSodlum 9" mall
Arsealc:Tatei 1002 "A
Se-Selenlum 1147 us/1
Hi -Mercury 71900 WA
Organochladoe Pesticidea
Acid Hatirades
Base/ Neutral Extractable Organlce
Acid Extractable Organica
Purgeable Organics (VOA bottle read)
:mpibm Point X
nductance at 26 C
Water Tompembus C
DAL mO
pH
Alkalinity
Acidity
AIr Temperature 10
PH 8.3 pH 4.5
pH 4-5 pH &3
%
10
300 to
400 v
82244 431
82243 182242
20
Salinity, x
Precipuson on/day)
Cloud Cover X 1
VnOd n- 4, n Q)W
Sftesm Flour Savat y
Turbidity Severity
11350
Wind Velocity M/H
eta Stream Depsh ft-
Stream Width fl.
490
45
32
36
1351
3S
64
4
HiRsv}ovd 10/86

DIVISION OF ENVIRONMENTAL MANAGEMENT
Chemistry
Laboratory Report I {Pater Quality
"
] SAMPLE TYPE
Cowry SANIPSON PRIORITY
RIVER BASIN r AMBIENT
QA
STREAM
EFFLUENT
REPORT TO FRO Regional OTTtce ❑ COMPLIANCE
® CHAIN OF CUSTODY
LAKE
El INFLUENT
Other : FTJ EMERGENCY
ESTUARY
COLLECTOR(S) SIEVENSTAVEit1TTE
4
Lab Number
6NV2898
Date Received :
6t10f96
Time Received:
8:25 AM
Received By
DS
Dan Released
01.
Dale Reported:
/
f— C (!—
Estimated BOD Range: Station location: FIARCLOTII FARM POTATO PILE WASTE
Seed: Chkwmated: Remarks:
Station 0 Date Begin (yyfmmldd) Date End (yylnmm/" Time Begin Tin. End I3epth - DM, DR, DBM Value Type - A. 11. L Composite-T, S, 13 Sample Type
96106l09
X
DOD 310 NO VALUEIQC PR mgfL
X
COD High 340 17,000 mgfL
COD Law 335 mgfL
Coliform: MF Fecal 31616 1100m1
Colifmm: MF TOW 31504 1100uta
Coliforrm: tube Fecal 31615 1100mi
Coliforrm: Foal Strep 31673 fl00ml
Residue: Total 5W mg/L
Volatile 505 mgfL
Fixed 510 mglL
Residue: Suspended 530 -8/1-
Volw7e 533 awL
Fixed 54D m91L
X
PH 403 3.7 units
Acidity to pH 4.5 436 mgfL
Acidity to PH 9.3 435 mgfL
Alkalinity to pH 8.3 415 mg1L
Allaliruty to pH 4.5 410 mg1L
TOC 680 mglL
Turbidity 76 NTU
COMMENTS :
CWoride 940 mgfL
Cld a: Tri 32217 ug1L
Chl a: Carr 37209 uglL
Pheophytin a 32213 ugfL
Cr,tor: True 80 C.U.
Caw: (pH )83 pH= C.U.
Color: pH 7.6 82 c.u.
Cyanide 720 mglL
Fkwide 951 mglL
Fomnaldehydc 718M mglL
Grease and Oils 556 mglL
Hardness Taal 900 mgfL
Specific Cond. 95 uMhmfan2
MBAS 38260 meL
Phatols 52730 u
Sulfate 945 mgfL
Sulfide 745 mglL
Bann
Colirarm Total Tube "f 100 mks
%
NH3 as N 610
20
mglL
%
TKN an N 625
B6
mg1L
R
NO2 plus NO3 as N 630
1.1
nwL
X
P: Total as P 665
36
m911-
PO4 as P 70507
mglL
P: Dissol d as P 666
mglL
K-Potassium
mg1L
Cd- Cadmium 1D2l
u811-
Cr-Chromium1oud 1034
u911-
Cu- Coppen 1042
uglL
Ni-Nickel 1067
ttgf L
Pb- Lead 1051
ugfL
Zn- Zinc 1092
ugfL
V-Vanad'umn -
ug1L
Ag- Sdver 1077
uglL.
AI- Alue ninon 1105
uf/L
Be- Beryllhun 1012 °
uglL
Ca- Calcium 916
m91L
Co- Cobalt 1037
ug/L
Fc- Inn 1045
ug1L
Li -Lithium TH2 uglL
Mg- MagnnesYan 927 mg/L.
Mr,Mangawu 1055 uglL
Na- Sodium 929 m
Ar=x;TnW IOD2 "- ug1L .
Se- Seknhun 1147 ' `ttaJL
Hg- Mercury 719W ; uBIL
Ba Barham �uglL
OrgaraJdorvte Pesticides -' .
Organopttosgronn Pcsricidu
Acid Herbicides
BawiNeuual&Acid Frtrariahle Orgatics
TPH Diesel Ra*
Purgeable Organics (VOA boale req'd)
TPH Gasoline Range
TPHIBTEX Gasoline Range
Plry lamkon
111T.
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ENV.A�E REG.
FAYMEV

C..1 t a6 II— nun v
Jtvlo.lvm UV ENVIRONMENTAL. MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
xwwry 6CX M �� PRIORITY SAMPLE TYPE `- l
SIVFII BASIN CJv
SPORT TO; ARO MRO RRO WaRO WIRO WSRO TS ❑AMBIENT ❑-] QA t ❑ STREAM ❑ EFFWENT
7 BM [COMPLIANCE LL`LCHAIN ❑ LANE ❑ II41711ENT
iIther
i OF CUSTODY}
hipped by; Bca Cg:rter, 5 at Othu ® r' C"'N
OLLECTOR(S)c
} .. �.-_..».1� j...... -_ STATION LOCATION:
s 1
uar.+r rav ...tya
1
COD High 340 mg/1
2
3
COD Low 333 man
Collform: MF Focal 31616 /1fi0m1
4
5
Collform: MF Total 31504 /100011
6
Caltform: Tubs Fecal 31615 /loom]
7
Coliform: Fowl Strop 31673 /IGOml
g
Residue: Total SOD m9A
„
Volatile 505 mg/1
lU
-
11
Residua; Suspended 530 mg/1
12
Volatile 535 mg/l
13
Fixed 540 mg/l
14
pH 403 oalts
15
Acidity to PH"436 mgA
16
Acidity 10 pH 8.S 435 mgA
17
Alkalinity to pH 9.3 415 mg/1
is
Alkallnllyl to pH 4.5 410 mg/1
191
TOC 680 mg/l
nn
I
Tarbldlty 76 NTU
Chloride 94D mgA
Chi a: TO 32217 ug/I
Chi as Carr 32209 USA
Phsophytio a 32213 ag/l
Color. True PO PI -Co
Coior.(pH ) 83 ADMI
Color•, pH 7.6 82 ADMI
Cyanide 720 m9A
Fluarik 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils 5S6 M9A
Hardness Total900 mg/i.
Speclflc Cood. 95 UMhos/cm2
MBAS 38260 UMA
Phanola 32730 uaA
SaHato 94S mall
Sulfide 745 mgA
Lab Number.
Data RecelveA
Time:
Reid b ; From: Buo•Coorie and Dsl
DATA ENTRY BY: CK:
DATE REPORTED:
NHS as N 610 mgA
TKN as N 623 m8/1
M02 plus NOS as N 630 an
P: Total as P 665 mg/I
FM as P 70507 mall
P. Dhoolvad as P 666 Ono
Cd< di"um 1=7 ago
C r-ChrodguacTotal loS4 uQ/I
CuCopper 1042 ag/f
NMkkW I067 USA
Pb-Lead 10SI. ag/1
2a -Zloc 1092 ugA
AgZUver 107.7 ugA
ANM-1nam 1105 ag/I
lie-Beryiliam 1012 ugA
CaCalclum 916 m2/1
Co -Cobalt 1037 uf1A
Fe•Iron 1045 ugA
u-Lithium 1132 uy/I
KwMagneaiem 927 maA
Ma-Maegapees 1055 up/1
Na3adlom 929 myf
Aracal=Totai 1002 non
Se -Selenium 1147 08/1
Hg-Mercury 71900 ng/1
Organochiorhre Pesticbb*
Ora maphaa ocua Padddea
Acid herbicides
Base/ Neutral Extractable Organks
Acid Extractable Organics
Pargeable Organics (VOA bottle reg'd)
mpang Point X
canducuume at 25 C
Water Tempamtum 10
D.O. mgA
PH
AlkalinitypH
Acidity
Air Temperaaus 0
8!
4-5
%
10
300 •
400 •
B2244 431
$2245 162241
20
SaHnky X
Precipitloo 0a/day)
Clued Cow:
Wind D4scdaa psi
Stream Flow Sea cft
Turbidity Severity
Wtnd Voioclty l4M
sums Depth tt.
Sts"m Width ft.
480
145.
>Z
36
1351
1350
S
64
4
' V
;l/Rsrissd 10/86 � �-

State of North Carolina
Department of Environment,
Health and Natural Resources
Ib Fayetteville Regional Office
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
kT,MWA
A&14�ja
[DEIHNF;�
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 28, 1996
.d:.• A 0 __q_
Mr. Lauchlin Faircloth
d/b/a Faircloth Farms
P.O. Box 496
Clinton, North Carolina 28328
SUBJECT: NOTICE OF VIOLATION
Faircloth Farms
Unpermitted Discharge of
Waste Product used as Animal Feed
N.C.G.S. 143-215.1, and
Exceedance of Stream Standards
N.C.G.S. 143-214.1 and
15A NCAC 2B.0211s and resultant
Fish Kill, Great Coharie Creek
and Black River
Sampson County
Dear Mr. Faircloth:
In response to a notice from the N.C. wildlife Commission's district
fisheries biologist, staff of the Fayetteville Regional Office initiated a
fish kill investigation on the Great Coharie Creek on Sunday, June 9, 1996.
During this investigation, several members of the staff had the opportunity to
meet with you and discuss the circumstances surrounding this fish kill. Early
in the investigation, you indicated that an incident at one of your cattle
feeding stations had allowed the inadvertent discharge of potato waste
products, resulting in the fish kill. Shortly after noon the same day, staff
members accompanied you to the particular feeding area where the discharge had
occurred. It was readily apparent that a considerable volume of the potato
by-products' had overflowed the feeding trough. A storm drain pipe at the
feeding area had conveyed this material into a nearby drainage canal, which is
a tributary to the Great Coharie Creek. Some time prior to our arrival, an
Wachovla Building, Suite 714, Fayettevllle a , FAX 91D-486-0707
North Carolina 28301-5043 NOC'k An Equal Opportunity Affirmative Action Employer
Voice 910-41W1541 ED%►ecycied/10% post -consumer paper

P 283 732 126
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not us lgr Omff
I
San to
dT/8 FAiRCLOTH FARMS
Wmat d Nambor
PO SOX 496
Post Office, State, d ZIP Code
POM96
Cabled Fee
1.1
Spedai Oellvaq Fee
Restricted Oeavety Fee
Retum Racelpt Showing to
Whom & oate oedvared
1.10
Pztum RW* s awQ ro whom,
V^ a Aoessos'$ Address
TOTAL. Postage d Fees
Postmartr or oats
6/28/96
IN

Mr. Lauchlin Faircloth
June 28, 1996
Page 2
earthen plug had been placed over the inlet to this pipe, preventing any
additional discharge. Your explanation for this incident suggested that an
unidentified employee had failed to fully close the valve from the storage pit
to the feeding trough, leaving a one to two inch opening in the gate valve.
By allowing a discharge of this waste potato product into waters of the
State, as owner of Faircloth Farms, you have violated N.C. General Statute
143-215.1,(a){1). This Statute specifically requires that a permit be obtained
from the Environmental Management Commission prior to any person making an
outlet into waters of the State. Although we do not suspect that the incident
was intentional, it is our opinion that it could have been avoided if
previously recommended management practices had been fully implemented.
This discharge also resulted in dissolved oxygen depletions in the Great
Coharie Creek and Black River for at least four days. Water quality standards
contained in 15A N.C. Administrative Code 28.0211 require a minimum daily
average.diasolved oxygen concentration of 5 mg/l, with a minimum instantaneous
value of 4 mg/l. Contravention of these standards constitutes a violation of
N.C. General Statutes 143-215.1(a)(6) and 143-214.1. Aside from being a
violation of stream standards, the depressed dissolved oxygen levels
contributed directly to the resulting fish kill, in which over 6,000 fish were
killed. The Department may subsequently demand compensation for this damage to
the State's natural resources.
This office is preparing an investigative report concerning this incident
for submission to the Division's Compliance and Enforcement Section. It is
likely that this report will result in an enforcement action and civil penalty
assessment against Faircloth Farms.
As mentioned above, this office has made recommendations concerning the
implementation of Best Management Practices at the potato feeding areas. As
mentioned in a letter to you dated September 8, 1995, we had serious concerns
about all three of the potato storage ponds and adjacent feeding areas. Given
their close proximity to ditches, all of which drain into the Great Coharie
Creek, we recommended "that the ponds and feeding areas be relocated to areas
with more buffer from and less slope toward surface waters." This letter also
suggested that a spill control plan should be designed and implemented, and
that other security measures be taken to ensure the integrity of the
operations and prevent compromise by outside forces. As requested, Mr. Nelson
Waters provided a response to this letter, which was received in this office
on October 5, 1995. Mr. Waters provided a seven point plan of action which was
to be implemented within 90 days. This plan included:
01. Place locks on all valves that are used to release potato by-products
into feeding troughs.
2. Discontinue usage of drainage pipes leading from the cattle feeding
areas and into drainage ditches. Reroute drain water to filter areas of
established crops.
3. Construct surface water diversions around each potato pit so as to
minimize the amount of surface water entering the pits.

r
Mr. Lauchlin Faircloth
June 28, 1996
Page 3
4. Redesign feeding areas so that surface water and any cattle or potato
waste will be directed over a buffer area of established coastal bermudagrase
or other suitable cover, depending on the season. This should greatly minimize
the chance of any waste reaching ditches or streams.
5. Educate each Faircloth Farms employee as to the proper operation of
the potato pits and feeding areas, and of the potency of the by-product and
its potential effect on the environment.
6. ...decrease feeding of potato by-products in the existing troughs and
increase our pasture feeding. This will mean the majority of the by-product
will be pulled from the pits and trucked to troughs located in pastures that
are located away from drainage ways.
7. A Spill Control Plan will be formulated for use in case of an
emergency."
During a June 12, 1996 visit to the farm, regional office staff observed
several deficiencies in implementation of the above plan, particularly with
items 1,2,3, and 4. Only one of the three control levers at the feeding
troughs was locked (item 1). Although there was evidence that some of the
drain pipes have been blocked, leakage was noted from at least one pipe. There
was nothing observed to indicate that drainage had been re-routed to
established filter areas (item 2). Measures to divert surface water from the
storage pits were noted. However, some of this work was completed as recently
as June 10 ( item 3 ) . There was no evidence that the feeding areas have been
redesigned to distribute cattle and potato waste over grassed buffer stripe.
Water and wastes remain ponded in at least two of these feeding areas (item
4). Pasture feeding of the potato products has been noted (item 6.) We have
no information as to implementation of items 5 or 7. However, any proper Spill
control plan should also include contact numbers for appropriate Emergency
Response agencies, including this Division. We received no notification aside
from the fisheries biologist.
Considering the events leading to the recent fish kill, as well as our
questions about implementation of your proposed Best Management Practices, we
again request a detailed explanation of the the measures which have been and
will be implemented to prevent further damage to the Great Coharie Creels.
Although most pasture grazed cattle operations are not subject to our review,
this potato waste feeding operation is a matter of considerable concern. We
request that this response be provided within ten (10) days of receipt of this
letter. In the course of our visits, we noticed cattle freely roaming in the
streams, with no measures in place to limit access. This should also be
addressed.

4
V Mr. Lauchlin Faircloth
Ift June 28, 1996
" . & Page 4
As an additional step toward protecting water quality in Great Coharis
Creek, we ask that you develop a Certified Waste Management Plan for this
operation. The presence of these potato feed troughs, especially in their
current locations, warrants designation of this farm as a concentrated animal
feeding operation. Failure to provide the management plan within sixty (60)
days of receipt of this letter will result in a recommendation from this
office to the Director requesting revocation of your deemed permitted status.
We appreciate the cooperation already shown by Faircloth Farm employees,
and look forward to a satisfactory and permanent solution to these concerns.
Should you or your staff have any questions about this matter, please call Mr.
Michael Wicker, Water Quality Regional Supervisor, or me at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTS/KA/ka
cc% Wilson Spencer, MRCS, Sampson County
Richard Melton, Sampson Co. Extension office
Nelson Waters, Faircloth Farms
A. Preston Howard, Jr., DEM Director
Steve Tedder, DEM Water Quality Section Chief
Chris Walling, Soil and Water Conservation Engineer, FRO
Compliance/Enforcement file
bc: Kathy Cooper
Jim Gulick .

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
DIVISION OF WATER QUALITY
August 5, 1997
Mr. W. Nelson Waters, Jr.
Farm Manager
Faircloth Farms
PO Box 496
Clinton, NC 28329
SUBJECT: Extension Request
Faircloth Farms
Clinton, NC
Sampson County
Dear Mr. Waters:
This is to acknowledge receipt of your July 23, 1997 letter regarding an extension for
completion of various cattle stream crossings, riparian buffers and livestock exclusion areas to
November 1. 1997. This extension request is rg anted. Members of the Fayetteville Regional
Office viewed these areas on July 8, 1997, with Mr. Curtis Barwick. The major percentage of the
required work was completed on the above date. It is our opinion that this extension would
allow Faircloth Farms to complete the necessary improvements which will ultimately protect
the State's surface waters.
Should you have any questions, feel free to call me or Mr. Grady Dobson, Environmental
Engineer, at 910-486-1541.
Sincerely,
Kerr T. Stevens,
Regional Supervisor
I.� &,I'm
cc: Wilson Spencer
NRCS, Sampson County
Wachovia Building, Suite 714, Fayetteville Ni
w FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10°%o post -consumer paper

■Complete Items 1 and/or 2 for additional earvlces.
I also wlsh-to receive the
uo
■Complete Items 3, 4a. and 4b.
following services (tor an
+Print your name and address on the reverse of this form to that we can return this
extra tee):
card to
+Attach this form to the front of the mailpleco, or on the back If space does not❑Addressee's
Address
permit.
■Write'Retum Receipt Requested'on the mallplece below the article number,
2. ❑ Restricted Delivery
■The Return Receipt will show to whom the article was
delivered and ft date
C
delivered.
'
Consult postmaster for tea.
j
3. Article Addressed to:
4a.
a t
2Sl 732e126
a
+,
E
MR LAUCHLIN FAIRCLOTH
4b. Service Type
d/b/a FAIRCLOTH FARMS
❑ Registered I1 Certified
pO BOX 496
❑ Express Mail ❑ insured
W
CLINTON NC 28328
® Retum Receipt for Merchandise ❑ COD
to
7. Date of Delivery
s
7- a
5. Received By: (Print Name)
8. Addressee's Address (Only if requested.
and fee is paid)
to-
B. SI t drmss Agent -
,
PWorM
3611, Decierrlber 1994
Domestic Return Receipt

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
E3EE:HNF;Z
DMSION OF WATER QUALITY
August 5, 1997
Mr. W. Nelson Waters, Jr.
Farm Manager
Faircloth Farms
PO Box 496
Clinton, NC 28329
SUBJECT: Extension Request
Faircloth Farms
Clinton, NC
Sampson County
Dear Mr. Waters:
This is to acknowledge receipt of your July 23, 1997 letter regarding an e;Stension for
completion of various cattle stream crossings, riparian buffers and livestock exclusion areas to
November 1. 1997. This extension request is granted. Members of the Fayetteville Regional
Office viewed these areas on July 8, 1997, with Mr. Curtis Barwick. The major percentage of the
required work was completed on the above date. It is our opinion that this extension would
allow Faircloth Farms to complete the necessary improvements which will ultimately protect
the State's surface waters.
Should you have any questions, feel free to call me or Mr. Grady Dobson, Environmental
Engineer, at 910-486-1541.
Sincerely,
4=-ca
Kerr T. Stevens,
Regional Supervisor
KTS/bs
cc: Wilson Spencer
NRCS, Sampson County
i
Wachovia Building, Suite 714, Fayetteville 0FAX [phone]
North Carolina 28301-5043 N%f C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Mr. Kerr T. Stevens
NC Division of Water Quality
Wachovia Bldg., Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Stevens:
Faircloth Farms
PO Box 496
Clinton, North Carolina 28329
July 23,1997
Certified Mail
Return Receipt Requested
P 264-555-603
RECEIVE
VAY(TEV LLE
REG. OFFiCL.
Due to an enforcement action, we have a deadline of July 29, 1997 to install cattle
exclusions from streams on our farm. We have completed one of the major cattle crossings, and
have completed 75% of the second crossing. We will be close to meeting the above mentioned
deadline, but feel we will need more time to finish the crossing as well as some fencing in other
creeks. We respectfully ask for an extension of this deadline to November 1, 1997. This will give us
ample time to finish all of the work. The cattle crossings have been a major undertaking and we
have had to commit most all of our labor force on these jobs. Once they are completed, we can
finish our fencing work. We will notify you immediately upon completion, hopefully before November
1, so that your staff can make final inspections. We have worked very closely with the Sampson
County Natural Resources Conservation Service and your staff, namely Mr. Grady Dobson and Mr. Ed
Buchan, to determine critical areas needing attention, Mr. Dobson and Mr. Buchan can attest to the
hard work we have put in up to this point, from observations during their recent visit.
We regret that we have to ask for this extension, but greatly appreciate your cooperation,
patience, and understanding during this time. Please advise us in writing of your decision and we look
forward to your favorable reply. Do not hesitate to contact myself or Curtis Barwick at (910)592-
0105, if you have any questions or concerns. Thank you for your attention to this matter.
Sincerely,
Nelson Waters
Farm Manager
cc: Mr. Grady Dobson

Mr, Kerr T. Stevens
NC Division of Water Quality
Wachovia Bldg., Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Stevens:
Faircloth Farms
PO Box 496
Clinton, North Carolina 28329
July 23, 1997
Certified Mail
Return Receipt Requested
P 264-555-603
jUL 2 5 1997
FA'V'E'TTF=VIU-E
REG. ®FFICIE
Due to an, enforcement action, we have a deadline of July 29, 1997 to install cattle
exclusions from streams on our farm. We have completed one of the major cattle crossings, and
have completed 75% of the second crossing. We will be close to meeting the above mentioned
deadline, but feel we will need more time to finish the crossing as well as some fencing in other
creeks. We respectfully ask for an extension of this deadline to November 1, 1997. This will give us
ample time to finish all of the work. The cattle crossings have been a major undertaking and we,
have had to commit most all of our labor force on these jobs. Once they are completed, we can
finish our fencing work, We will notify you immediately upon completion, hopefully before November
1, so that your staff can make final inspections. We have worked very closely with the Sampson
County Natural Resources Conservation Service and your staff, namely Mr. Grady Dobson and Mr. Ed
Buchan, to determine critical areas needing attention. Mr. Dobson and Mr. Buchan can attest to the
hard work we have put in up to this point, from observations during their recent visit,
We regret that we have to ask for this extension, but greatly appreciate your cooperation,
patience, and understanding during this time. Please advise us in writing of your decision and we look
forward to your favorable reply. Do not hesitate to contact myself or Curtis Barwick at (910)592-
0105, if you have any questions or concerns. Thank you for your attention to this matter.
Sincerely,
r
L �
Nelson Waters, Jr.` %
Farm Manager \
cc: Mr. Grady Dobson