260036_CORRESPONDENCE_20171231

CORRESPONDENCE
� m
NORTH OAROLINA
Daparbmnt of Envlronmo tnl Qual

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 17, 2000
John B. Smith
Rt 48 Box 417F
Fayetteville NC 28301
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Folly Hog Farm Inc.
Facility Number 26-36
Cumberland County
Dear John B. Smith;
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface Area (Acres) Ranking
1 0.32 Medium
2 0.33 Medium
3 0.61 Medium
4 0.14 Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
225 Green street, Suite 714, Fayetteville, North Carolina 28301 Telephone [phone] Fax [phone]
An Equal Opportunity Afllrmative Action Employer 50% recycled/10% post -consumer paper

Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops. Any major modifications made -to the dike walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Fayetteville Regional Office at [phone].
Sincerely,
Eaul Rawls
Water Quality Regional Supervisor
cc: Cumberland County Soil and Water Conservation District Office
Facility File

Facility Number 26 — 36 Lagoon Number Q.1......... Lagoon Identifier Inacxiv.e..I.ag4Qn..Q.1........................
O Active * Inactive Latitude 35 106
Waste Last Added ..-.1, -....................................... Longitude 78 48 15
Determined by: ® Owner ❑ Estimated
Surface Area (acres): Q.,.2........................
Embankment Height (feet):-4...........................
By GPS or Map? 10 GPS ❑Map
GPS file number: F020314A
Distance to Stream: O <250 feet 0 250 feet- 1000 feet O >1000 feet
By measurement or Map? ❑ Field Measurement - ® Map
Down gradient well within 250 feet?. *Yes O No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): Q < 5 O 5 - 10 O > 10
Overtopping from Outside Waters? O Yes *No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 2-3-2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
O Lagoon Liquid Clear
p Lagoon Empty Freeboard (inches):
embankment condition O Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
Q Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or -Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
0 No Drainage Area or Diversions Well Maintained
liner status Q High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
O No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
cation equipment fall to make contact
and/or Sprayfield O Yes Q No O Unknown with representative O Yes Q No
unavailable
comments Talked to Johnnie Carter at chicken houses.

Facility Number 26 — 36 Lagoon Number 0.2 ........ Lagoon Identifier Ip xlYi~..Iag�Q.t1.Q.2�....................
0 Active © Inactive Latitude 106
Waste Last Added.1-15-9.8.......................................
Determined by: - ® Owner ❑ Estimated
Surface Area (acres): Q.,3.3........................
Embankment Height (feet): 4...........................
Longitude 78 48 17
By GPS or Map? ICK GPS ❑ Map
GPS file number; J020314A' ___ —]
Distance to Stream: © <250 feet 0 250 feet - 1000 feet O >1000 feet
By measurement or Map? ❑ Field Measurement ® Map
Down gradient well within 250 feet? O Yes O No
Intervening Stream? 0 Yes Op No
Distance to WS or HOW (miles): Q e 5 0 5 - 10 O > 10
Overtopping from Outside Waters? O Yes Q No O Unknown
Spillway 0 Yes 0 No Adequate Marker 0 Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 2-3-2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
O Lagoon Liquid Clear
© Lagoon Empty Freeboard (inches):
embankment condition O Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
*Construction Specification Unknown But Dam Appears in Good Condition
0 Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
Q No Drainage Area or Diversions Well Maintained
liner status Di High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
0 No Liner, Soil Appears to Have Low Permeability
0 Meets NRCS Liner Requirements
cation equipment
and/or sprayfield 0 Yes
unavailable
comments
fail to make contact O Yes © No
© No O Unknown with representative

Facility Number 26.-- 36 Lagoon Number Q.3........ Lagoon Identifier In.alrtiv ..I gQR.C1.A .......................
O Active © Inactive Latitude 35 08 57
Waste Last Added.-1,-........................................
Determined by: ® Owner E Estimated
Surface Area (acres): p,�..,,,,,,,,
Embankment Height (feet): 4.......................
Longitude 78 KI 2-071
By GPS or Map? IN GPS ❑ Map
GPS file number: IF020314A
Distance to Stream: Q <250 feet O 250 feet - 1000 feet O >1000.feet
By measurement or Map? ❑ Field Measurement ® Map
Down gradient well within 250 feet? Q Yes O No
Intervening Stream? ()Yes *No
Distance to WS or HOW (miles): a < 5 O 5 - 10 Q > 10
Overtopping from Outside Waters? O Yes *No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 2-3-2000
appearance of 0 Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
# Lagoon Liquid Clear
O Lagoon Empty Freeboard (inches): 72
embankment condition O Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
©Construction Specification Unknown But Dam Appears in Good Condition
Q Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
Oi No Drainage Area or Diversions Well Maintained
liner status Q High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
a No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
Ilcation equipment
and/or Sprayfield Q Yes
unavailable
comments
Oi No 0 Unknown fail to make contact O Yes 0 No
with representative

Facility Number 26 — 36 Lagoon Number Q.4........ Lagoon Identifier I.r...................,.
O Active © Inactive Latitude 35 F0-8--1 64
Waste Last Added,-.-Q........................................ Longitude 78 F487 22
Determined by: ® Owner ❑ Estimated By GPS or Map? IN GPS ❑ Map
GPS file number: 17020314A
Surface Area (acres): O.J.A.........................
Embankment Height (feet): 4................................
Distance to Stream: OQ <250 feet 0250 feet - 1000 feet O >1000 feet
By measurement or Map?
Down gradient well within 250 feet?
Intervening Stream?
❑ Field Measurement ® Map
*Yes O No
O Yes p No
Distance to WS or HQW (miles): Q < 5 O 5 - 10 O > 10
Overtopping from Outside Waters? O Yes p No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
inspection date 2-3-2000
appearance of O Sludge Near Surface
lagoon iiquld O Lagoon Liquid Dark, Discolored
O Lagoon Liquid Clear
0 Lagoon Empty Freeboard (inches):
embankment condition O Poorly Built, Large Trees, Erosion, Burrows, Slumping; Seepage, Tile Drains, Etc.
Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards,
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
O No Drainage Area or Diversions Well Maintained
liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
O No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
cation equipment fall to make contact
and/or 5prayfield O Yes 0No O Unknown with representative YeS 0 No
unavailable
comments

Type of Visit O Compliance Inspection Q Operation Review Q. Lagoon Evaluation
Reason for Visit © Routine Q Complaint O Follow up Q Emergency Notification Q Other ❑ Denied Access
Facility Number 26 3b
13 Permitted C] Certified [3 Conditionally Certified ® Registered Date of Visit 2.3-2000
149 Not O erational Q Below Threshold Date East Operated or Above Threshold: 1-X5.-Q$,.......„
Farm Name: Mly..DnS.Earm.1ju....................... County: .Ct Cumherbad ..................................... FRQ............
OwnerName: John., .................................. smith ............................. I .... .... ........ ........ Phone No:.I8J-S.A9.X......................................... .... ...........................
Facility Contact: JQttntWC.A,XArter........................... ...Title: Oxxirlr................................................. Phone No:....................................................
Mailing Address: ttt.a.4.17F........................ ........... ...................aY.Rt,evi�4.NYC............................. . 2•8.3Qj..............
... .............
OnsiteRepresentative:..............................................................:............................................ Integrator:......................................................................................
Location or Farm:
S.R...172A.1m firuun..17.21.....................................................................................................................................................................................................................
............. ........ ....................................... .... .... ................................................................... .................................................................................................................. I.................
..........................................................................................................................................................................................................................................................................
® Swine ❑ IPot.iltry ❑ Cattle ❑ Horse
Design Current Design Current Design. Current
Swine Ca aci Population Poultry, Ca aci Population Cattle Capacity Population
❑ Wean to Feeder 10 Layer I I Dairy
❑ Feeder to Finish 10 Non -Layer 1 ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
® Farrow to Finish 225 0 Total Design Capacity. 225
❑ Gilts
❑ Boars Total SSLW : 318,825
Number of Lagoons , °: 4 g Pow Sol ra
Holdin ds / id T psi
Discharges & Stream Impacts
t. Is any discharge observed from any part of the operation?
Discharge originated at.: ❑ Lagoon ❑ Spray Field [:]Other
a. if discharge is observed, was the conveyance nian-made?
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ )
c. If discharge is observed, what is the estimated flow in gal/min?
2. Is there evidence of past discharge from any part of the operation?
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Waste Collection & Treatment
Please see attached Lagoon Field Data'Sheets
❑ Yes IN No
❑ Yes ® No
❑ Yes ® No
n/a
❑ Yes ® No
❑ Yes IN No
;mod esyd-rs—.w".".y� x'lt •ri i 1 x 7 C �y r r'�y
Reviewer/Inspector Name Scoft Falrcloth, �,:; ,Trent Allen• �• �ri F •'±� i;. x
Reviewer/inspector Signature: Date:
Printed on: 5/12/2000

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
F-NVIRONMENT AND NATURAL RESOURCES
January 15, 1998
John B. Smith
Folly Hog Farm Inc. RECEAVE
Rt 1 Box 394
Fayetteville NC 28301 0 1498
Subject: Removal of Registration
Facility Number 26-36
FAYEn`EVILt..E" Dear John B. Smith;
REG- OFFICE Cumberland County
This is to acknowledge receipt of your request that your facility no longer be registered as an active animal
waste management system per the terms of 15A NCAC 2H .0217. The informatlon you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to S10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain and implement a certified animal waste management plan and notify the Division
of Water Quality prior to stocking animals to that level. Threshold numbers of animals that require certified animal
waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultry with a li uid wastes tern 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
407,
cc: iEAye teville Water_Quality.Regionalffffice
Cumberland Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Division of Soil and Water Conservation ❑ Other Agency
vision of Water Quality
ltoutinc 109FMaint O Follow-up ofDAVQ inspection O Follow-up of DSWC review O Other
Dale of Inspection
Facility Number
Time of inspection " d 24hr. (hh:mm)
41 Registered 0 CCeertified 0 Applied for Permit © Permitted 13,tint O erahnnx! Date Last Operated
FarmName: ....... l...Gl/................................................ County :......... J!t'................................ .......................
OwnerName: ..d' ""..... ,..n�.'�.................................. ..................... Phone No:.......................................................................................
FacilityContact: ................ .... Title:......................................................... Phone No:.................................................
MailingAddress• ....... ..( ... y............................................. ......'f�'.,...... �'.._..,................... ..........................
OnsiteRepresentative:........................................................................................................... integrator:.....................................................................................
Certified Operator:..........:......................................I .. ............................... Operator Certification Number:....................................... ,
Location of Farm: �_ Z/ <2 /%� ,.,ter, ,Pal �� .-o Av5,e /wo aj L1 � G
Latitude ' 4 66 Longitude 4 «
' i%= DeSlgn Current Deslgn Current t a ss Deslgn C.ACCeIlt„
�Swme ;>Capacity, i'gpulation Poultry r Capacity ;Population's Cattle Capiitcity4 Population ,
a^ ❑ Wean to Feeder ❑Layer Dairy
.. ❑Feeder to Finish ID -Non -Layer ❑Non -Dairy
❑ Farrow to Wean
} ❑ Farr ❑ Other
to Feeder
arrow to Finish 2y,'! Total Design'Capacity"
❑ Gilts
❑ To
Boars tal SSLW
Number of Lagoons 1,Holdiitg Ponds ❑Subsurface Drains Present 113 Lagoon Area ❑ Spray Field Area
W F ❑ No Liquid Waste Management System > 3 r 4
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No N,4
2. Is any discharge observed from any part of the operation? ❑ Yes E-fda '
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other �
a. If discharge is observed, was the conveyance man -trade? ❑ Yes
b. if discharge is observed, did it reach Surface. Water? (If yes, notify DWQ) ❑ Yes ~
c. If discharge is observed, what is the estimated now in gallmin?
A. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes
3. Is there evidence of past discharge from any part of the operation? ❑ Yes
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ❑ No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ❑ o—
mai n tenance/i m prove ment?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes O-N.
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑-No
7/25/97
Continued on back

f
NP
Facility Number: -,
8. Are there lagoons or storage ponds on site which need to be properly closed? 21es ❑ Mo
'tru tures (Lagoons, ifolding Yo ids Flush fits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No
Structure II Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .................3.........2p :'�...,.......".`..:..................................I...................................................................... .,.... ...................
Freeboard(ft):........... .*-•11 ..........................::. r............,....,.......:,rn..,l...�...................................................................,...................................................
10. Is seepage observed from any of the structures? ❑ Yes No
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-I2 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13, Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ............ .........`....T.-....`�.................................... ............................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17, Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
.20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement'?
For Certified or 1'ernutted_Facilities tZ>ty
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25, Were any additional problem,, noted which cause noncompliance of the Permit?
ffiro violations or deficiencies were noted during this visit. You will receive no ftirther
' correspondence about this. visit; .
❑ Yes ,tea
❑ Yes Fo
es ❑ No I
❑ Yes ❑ No
❑ Yes
❑Yes
❑ Yes No
❑ Yes 21 00
❑ Yes
❑ Yes ['No
❑ Yes ❑ No/t""77_
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other -comments .
Use drawings of facility to better explain situations. (use additional pages as necessary):
40, Jj
e-L .2
7/25/97
Reviewer/Inspector Name P-4 D
Reviewer/1nspector Signature; Date:

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of water Quality
;lames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: John B. Smith
Folly Hog Farm Inc.
Rt 1 Box 394
Fayetteville NC 28301
oak
C3EHNF?L
RECEIVED
N10V 1 21997
FAYETIOM ..E
REG. 01N�:icz
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 817.0201
Folly Hog Farm Inc.
Facility #: 26-036
Cumberland County
Case #: OV 97-015
Dear John B. Smith:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
John B. Smith in the amount of $500.00. This assessment is based upon the following facts:
John B. Smith operates an animal operation and associated animal waste management
system in Cumberland County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date..
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
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

John B. Smith failed to designate an appropriately certified wastewater treatment operator
in responsible charge of the subject animal waste management system, in accordance with
15A NCAC 8F .0201(a).
Based upon the above facts, I conclude as a matter of law that John B. Smith violated or
failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500.
Based upon the above facts and conclusions of law, I hereby assess John B. Smith a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F ,0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201.
Please find attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver farm), Payment of the penalty will not foreclose
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
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is Whited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such.
a request must. be accompanied by a waiver of your right to an administrative

hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing;:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office wi;[ i 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 Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc:cR perv1sor4w i'attachn ants
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
PERMIT NO. )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the. Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of , 19_.
ADDRESS
TELEPHONE
SIGNATURE

ANIMAL WASTE MANAGEMENT SYSTEM
-OPERAJOR TNL CHARgE
pE,.XC,NATTON FORMt
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR IN CHARGE
Dome Mailing Address.
City State Zip
Certificate Social Security T
Work Phone Horne Phone
Signature Date
OWNER
Mailing. Address. City
S tate Zip Telephone#
Signature Date
Please Mail to: WPCSOCC
Division of Water Quality
P. 0. Box 29535
Raleigh,. N.C. 27626-0335

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
&TX,MWA
IDEHNF;Z
April 3, 1997 C p t.
s.... �
John B. Smith APR 0 7 1997
Folly Hog Farm Inc.
Rt 1 Box 394 FAYETTEV€ E
Fayetteville NC 28301 RCG.OFFiCE
SUBJECT: Notice of Violation
Designation of Operator in Charge
-, , Folly.Hog Farm Inc.
Facility Number 26--36
Cumberland County
Dear Mr. Smith:
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, I997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc, Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, Ni"CAn
` FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/100/6 post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
.lames B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
John B. Smith
Folly Hog Farm Inc.
Rt 1 Box 394
Fayetteville NC 28301
ED E 1--I NR
November 13, 1996
SUBJECT: Operator In Charge Designation
Facility: Folly Hog Farm Inc.
Facility ID#: 26-36
Cumberland County
Dear Mr. Smith:
�NED
N 0 V 19 1996
1 ,AY F If D- i � . U-z
p%C:i, C)jz iGir
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026.
Sincerely,
•A. Preston Howard, Jr., RE, tar
Division of Water Quality
Enclosure .
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687, CFAX 919-715-3060
Raleigh, North Carolina 27611-7687 An Equal FAX
Action Employer
Voice 919-715-4100 50% recycled/ ] 00% post -consumer paper

eW-1
Site Requires Immediate Attention: �A "_
Facility No. 2.G --ter
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE. N *,- l -S , 1995
Time: ) 2 " P/3
Farm Name/Owner: 82/T f/1'17�
r•
Mailing Address:
County:.
Integrator: ��a a�+''� Phone:
On Site Representative: Phone:
Physical Address/Location. ogZ5 /
Type of Operation: Swine Le' Poultry Cattle
Design Capacity: Number of Animals,on,Site:.
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: Longitude: "
Circle Yes or No
Does the Animal Waste Lagoon h sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Ye or No Actual Freeboard:. ;�_Ft. U Inches
Was any seepage observed from the a n(s)? Yes or No Was any erosion o ed? Yes or
qZ�
Is adequate land available for spra ? e or No Is the cover crop adequate? ar Na
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? or No
100 Feet from Wells? Veo o
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or 11 0
Is animal waste discharged into water of file state by man-made ditch, flushing system, or other
similar man-made devices? Yes o If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with ver crop ? Yes or No 0- �
Additional Comments: _ ILwg � i �,,y,,,.-� d it'A.,
Inspector Name Signature
cc: Facility Assessment Unit Use Attachments if Needed.

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