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HomeMy WebLinkAbout430032_ENFORCEMENT_20171231 (2)ENFORCEMENT NUH I H UAHULINA Department of Environmental Qual STATE OF NORTH CAROLINA VERIFICATION COUNTY OF CUMBER -LAND I, Paul Rawls, being first duly sworn, depose and say that I am the Regional Supervisor for the Fayetteville Regional Office of the Division of Water Quality, Department of Environment and Natural Resources; that I have read the foregoing Complaint for Three B / Farms and that I am familiar with all of the facts and circumstances stated therein; that the same is true of my own knowledge except as to those matters and things stated and alleged upon information and belief, and as to those matters and things I believe them to be true. Paul Rawls Subscribed and sworn to before me this the ay of r y. 1706 Notary Public My Commission Expires zce) a - ga� R - R Y.....0 p. Il awl Case Numbei NEI W MI mol violI .I pormot # K-Wmmm wpw) AddressCount 6 Inhud L (S1114�14J 1 'Look mA) ' Imp., L4 higultilfit'1014WN , 141-flk M (OWtOt "w[C140111 (child lkmllv', Permittice, Salutation . (For LcHerGencraldoll Contact NM MF4'e+ 1 FY#y li'I,i �OIaR•t�l� —i Of- (04)VA, A-IPP� 114tc il 0 v .1 Nit I. d44 :C-Y.IIOII/f lull ((Alv. (diomklil 1r ' �,pM fW O,:, l collilliclits PS - B- Tu _ Michael F. Easley v 4 •-- `Ot~ QG Governor PR G7 7 William G. Ross Jr., Secretary j Department of Environment and Natural Resources < Kerr T. Stevens Division of Water Quality July 13, 2001 MEMORANDUM RECEIVED TO: Kathy Cooper. 5 4 8 2001 Special Deputy Attorney General FROM: h(err T. Steven 1 rFiiYc-MVILLE l i/- REG. OFFiGE SUBJECT: Request for Collection Penalties Please initiate collection proceedings for the cases listed below. Copies of the relevant documents for each case are attached. Please call Steve Lewis at 733-5083, ext. 539 at your earliest convenience to discuss. Thank you for your assistance. Violator Case Number Date Assessed Date Received Craig King — Watha K-6 Farm DV 00-012 June 29, 2000 July 27, 2000 (Mr. King did not send back the certified mail green card when this civil penalty was received but he did file a contested case petition in OAH on July 27, 2000, Mary Dee Carraway handled the case. Mr. King lost. DWO does not have any record of the OAH decision being reviewed by the EMC. Mr. King has not paid and we do not believe he has filed for judicial review. The criminal case associated with this discharge is scheduled for the end of this month in Wilmington. We don't know who the civil penalty case was assigned to when Mary Dee left.) J. J. McCree DD 98.012 November 18, 1998 November 24, 1998 (According to Sharlene Moses' records, Mr. McCree still owes $1,998.97 and his last payment was made on 3/28/00. Your office has been handling this one and should have the relevant paperwork.) Three B Farms, Inc. PC 99-006 June 17, 1999 June 29, 1999 (Steve Lewis talked with Anita about this case. The civil penalty was received in June '99, There was no response within 30 days. Steve called Thad Bullock, one of the corporate officers of Three B Farms, Inc., in Nov. '00. Bullock said that they had requested remission. Since the paperwork might have been lost on our end, we sent a copy of the CPA and an administrative hearing waiver/stipulation of facts form. That was received on 11/28/00 but no remission request/waiver was returned. Another letter was sent in May '01. No green card came back on that letter. Three B Farms, Inc. sold the hog farm in Sept. '99, shortly after the civil penalty was assessed. However, Three B Farms, Inc, is still registered as an active corporation with the NC Sec. of State as of 7/13/01. We're concerned that the Bullock's will dissolve Three B Farms, Inc. if they get a demand for payment letter. Anita thought we could do a combination demand/collection filing letter.) AT� 1 L rNR „, ..._. Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-701 S 1 800 623.7748 ATTACHMENTS cc: Wilmington Regional Office - no attachments Tiiy 6tteviite Re&"hal'.Office - no attachments Enforcement Files - no attachments If To: From: Subject: Date: Paul, Paul Rawls Janet D. Leach Three B Farms October 23, 2001 Memorandum Enclosed is the Complaint for Three B Farms. Please look over it, make any changes you think are necessary, sign the verification and return to this office ASAP. am also sending a copy of the Complaint to Steve Lewis for review. If the two of you want to discuss any changes, please do so and let me know the outcome of your conversation. Thank you for your prompt response and if you have any questions, please call. �G L � 2 5 2001 Reply to: Janet D. Leach, Paralegal State of North Carolina Attorney General's Office Environmental Division Tel: (919) 716-6948 Fax: (919) 716-6766 0 C Q V E R FAX S H E E T Sao To: Kerr T. Stevens - 9,58'1"8546"z Steve Lewis - 9- 733-0059 1 John Hasty - " B" Fax #: Subject: Three B Farms Date: October 23, 2001 Pages: 2, including this cover sheet. COMMENTS: You have been listed as witnesses for the case against Three B Farms, Inc. The attached is let you know that Three B Farms, Inc. did not pay the fine, did not request remission and did not request a hearing at the Office of Administrative Hearings. Several demand letters were sent to Mr. Bullock requesting, payment. He did not respond to any of them, therefore, our only option is to take them to Superior Court for collection. If you have any questions, please do not hesitate to contact this office. From the desk of... Janet D. Leach Paralegal Department of Justice P. O. Box 629 Raleigh. NC 27602-0629 (919) 716-6948 Fax: (919) 716-6766 ;ZU1' COOPER ATTONNEY GENERAL TO: FROM: DATE: RE: State of North Carolina Departi-rleni of .lustice P. Q. Bc7x G20 RALEIGH ? 7602-0629 MEMORANDUM Kerr T. Stevens Steve Lewis John Hasty Janet Leach, Water Quality Paralegal---- - October 23, 2001 1 j J J t 1 Reply to: Anita Le Veaux Environmental Division Tel. (919) 716-6600 Fax: (919) 716-6766 alevea @rnailjus.state.nc.us Civil Penalty Assessment Appeal by Three B Farms, Inc., Harnett County DWQ 4 PC 99-006 ASSIGNED ATTORNEY: Please note that Anita LeVeaux will be handling this collection case against Three B Farms, Inc. The complaint has been prepared and is now in the process of being reviewed for accuracy. Upon approval by DWQ and Anita, the complaint will be filed in Superior Court in Harnett County. Once we have exhausted all options without reaching a settlement, a trial date will be set in Harnett County. NOVEMBER 16, 2001: At this time, our files consists of the Assessment of Civil Penalties and two letters from Steve Lewis. Should this case go to trial, we will need the entire file. Please make sure that we have everything relevant to this case in our files on or before the date set out above. PREHEARING CONFERENCE: A prehearing conference should be scheduled with Anita no later than one week prior to the hearing date. All listed witnesses should be present. At this time, ALL documentation related to the case should have reached this office. HEARING DATE: This date will not be scheduled until we either receive an answer from Mr. Bullock or we receive a judgment in our favor from the court. if you do not receive periodically updates on the status of the case, please call this office. YOUR RESPONSIBILITY: You have been listed as witnesses. Make sure we have all of the documentation needed to prepare for this trial. Please let us know of any possible conflicts in scheduling. Open communication is essential as we will probably be preparing for several cases at the same time this one is scheduled. QUESTIONS? Anita LeVeaux, Assistant Attorney General - 716-6967 ,Janet Leach, Paralegal - 716-6948 Judy Jones, Program Assistant - 716-6974 0 STATE OF NORTH CAROLINA COUNTY OF HARNETT STATE OF NORTH CAROLINA, ex rel., ) WILLIAM G. ROSS, JR., Secretary, } North Carolina Department of } Environment and Natural Resources, } Division of Water Quality, ) ) Plaintiff, } V. } THREE B FARMS, INC., ) Defendant. ) IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION CVS Plaintiff, State of North Carolina, alleges as follows: COMPLAINT 1. The Plaintiff is the sovereign State of North Carolina. The Department of Environment and Natural Resources (hereinafter referred to as DENR) is an agency of the State established pursuant to the provisions of N. C. Gen. Stat.§143B-279.1, et ag-q, William G. Ross, Jr. is the Secretary of DENR. The Division of Water Quality (hereinafter referred to as DWQ) is a division within DENR and all actions taken by DWQ are necessarily actions of the Plaintiff. 2. Defendant, Three B Farms, Inc. (hereinafter referred to as Defendant), is a corporation, operating in the State of North Carolina and doing business in the County of Harnett, North Carolina. t V 2 3. N. C. Gen. Stat. § 143-215.6A(g) authorizes the Secretary of DENR to institute a civil action in the Superior Court to recover the amount of a Civil Penalty Assessment by the Director of DWQ against those violating the water pollution laws of North Carolina where the violator fails to pay the assessment. OROR-A 4. In accordance with N. C. Gen. Stat. § 143-215.6A(g), Harnett County is the proper venue for this action because the violation occurred in Harnett County. FACTUAL AND LEQAL ALLEGATIONS 5. On or about June 17, 1999, Kerr T. Stevens the former Director of the DWQ, pursuant to N.C.Gen. Stat. § 143-215,6A assessed a civil penalty in the amount of three thousand, thirty dollars and six cents ($3,030.06) including one thousand thirty dollars and six cents ($1,030.06) investigation costs against Defendant for violation(s) of N. C. Gen. Stat. 143- 215.1(a)(6) and Non -Discharge Permit No. AWS430032. Copies of the Civil Penalty Assessment and the accompanying transmittal letter are attached hereto as Exhibit A and are incorporated herein by reference. 6. On or about June 22, 1999, the civil penalty assessment and transmittal letter were mailed to the Defendant by certified mail, return receipt requested. See Exhibit A. On June 30, 1999 these doclaments were received by the Defendant. A copy of the green card is attached hereto as Exhibit B and is incorporated herein by reference. e 3 7. The transmittal letter notified Defendant that within thirty (30) days of receipt of the civil penalty assessment, Defendant must submit payment of the penalty to DENR, submit a written request for remission or mitigation to the Director of DWQ, or submit a written request for an administrative hearing with the Office of Administrative Hearings. 8. Defendant failed to pay the assessment within thirty (30) days, DENR did not receive a request for remission or mitigation, nor did Defendant file a petition with the Office of Administrative Hearings. 9. A Certification, dated October 22, 2000, from Julian Mann, Ill, Chief Administrative Law Judge and Director of the Office of Administrative Hearings, states that he has made a diligent search of the records of that office and found no petition filed by Defendant, Three B Farms, Inc. as of that date sufficient to commence a contested case concerning the assessment of civil penalties by DENR which was served on Defendant on or about June 30, 1999. A copy of the certification is attached hereto as Exhibit C and is incorporated herein by reference. 10. On November 9, 2000 Steve Lewis of DENR wrote Thad Bullock of Three B Farms a letter as a follow up to a telephone conversation conducted between Mr. Lewis and Mr. Bullock on the preceding day. Mr. Bullock alleged that he had requested remission. DENR never received the request. Mr. Lewis mailed Mr. Bullock a second copy of the remission request asking that Mr. Bullock sign the attached waiver form and return to him as soon as possible. The letter was received by Defendant on November 28, 2000. A copy of the letter and green card are attached hereto as Exhibit D and is incorporated herein by reference. 4 r 4 11. As of May 16, 2001, DENR had not received a response to the letter received by Defendant on November 29, 2000. DENR sent another letter to Mr. Bullock asking that he respond immediately. A copy of the letter is attached hereto as Exhibit E and is incorporated herein by reference. 12. On October 1, 2001, through the undersigned counsel on behalf of DWQ, the Attorney General's Office sent a letter by certified mail to Defendant demanding payment within ten (10) days of receipt. This letter was received by Defendant on October 11, 2001. Copies of this demand letter and the green card are attached hereto as Exhibit F and are incorporated herein by reference. 13. As of the filing of this complaint, Defendant has failed to pay the civil penalty assessed by the Plaintiff. 14. Defendant, by non-payment of the civil penalty assessment, is liable to the Plaintiff in the amount of three thousand, thirty dollars and six cents ($3,030.06). WHEREFORE, the Plaintiff, State of North Carolina, prays that the Court grant to it the following relief: Court. 1. Accept this verified complaint as an affidavit upon which to base all orders of the 2. Enter judgment against the Defendant in the amount of three thousand, thirty dollars and six cents ($3,030.06), plus interest at the legal rate from the date this Complaint is filed. 5 Tax Defendant with the cost of this action. 4. Grant such other and further relief as it deems just and proper. This the _ day of , 2001. By: ROY COOPER Attorney General Anita LeVeaux Assistant Attorney General N. C. Bar No.: 13667 N.C. Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 STATE OF NORTH CAROLINA VERIFICATION COUNTY OF CUMBERLAND 1, Paul Rawls, being first duly sworn, depose and say that I am the Regional Supervisor for the Fayetteville Regional Office of the Division of Water Quality, Department of Environment and Natural Resources; that I have read the foregoing Complaint for Three B Farms and that I am familiar with all of the facts and circumstances stated therein; that the same is true of my own knowledge except as to those matters and things stated and alleged upon information and belief, and as to those matters and things I believe them to be true. �I Paul Rawls Subscribed and sworn to before me this the day of Kkj: , • ; 3 L , 2001. 2 P-11 j Notary Public r. V , '. I1d)nC.oirtnti sion Expires: 4` 7 EXHIBIT State of North Carolina. Department of Environment and Natural Resources . Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director - A 1 • • NCDENR ICJ' ipcwMENT AND NATURAL Re5OURces June 22, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Thad Bullock Three B Farms, Inc. ; 170 E. Illinois Avenue Southern Pines, NC 28387 SUBJECT: Assessment of Civil Penalties for Violation of Permit No. AWS430032 and N.C.G.S 143-215.1 Harnett County Facility "M 43-32 File No. PC 99-006 Dear Mr. Bullock: This letter transmits notice of a civil penalty assessed against Three B Farms, Inc. in the amount of $3,030.06 including S1,030.06 in investizative costs.- Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. 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 Deparmient of Environment and Natural Resources (do not include waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). PIease submit payment to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 •K P.O. Box 29535, Raleigh, North Carolina 27626-053: Telephone 919-733-5083 Fax 919-71-4-6048 An Equal Opportunity Affirmative Action Employer 5051 recycled/10 % past -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 Ietter. 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: Ms. Coleen Sullins Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 a' 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 Hearines P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 AND Mail or hand -deliver a Copy of the petition to: Dan McLawhorn Office of General Counsel NCDEHNR 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 with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be Ievied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr_ Shannon Langley at (9I9) 733-5083, extension 581 or Mr. Steve Lewis at (919) 733-5083, extension 539. Sincerely, Kerr T. Stevens ATTACITMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROL lLNA ENVIRONMENTAL MANAGEMENT CONINIISSION COUNTY OF IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADIMNISTRATTVE HEARING AND PERMIT NO. } STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after ')0 days from receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE , 19� STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HARNETT File No. PC 99-006 IN THE MATTER OF } THREE B FARMS, INC. ) } FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF OF ANIlv AL WASTE PERMIT ) CIVIL PENALTIES AWS430032 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FLN-DPi GS OF FACT: A. Three B Farms, Inc. is a corporation organized and existing under the laws of the State of North Carolina. B. Three B Farms, Inc. owns and operates Bull Run Farm, a swine operation near SR 1131 in Harnett County. C. Bull Run Farm was issued Animal Waste Permit No. AWS430032 on December 30, 1997 with an expiration date of December 31, 2001. D. Condition No.1. 2_ of the "Performance Standards" of the issued permit states that "The Certified Animal Waste Management Plan (CAWMP) is hereby incorporated by reference into this general permit.... Any violation of the Certified Animal Waste Management Plan (CAWMP) shall be considered a violation of this general permit and subject to enforcement action...." E. Condition No. M. 6. e. of the "Monitoring and Reporting Requirements" of the issued pen -nit states that "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit." F. Condition No. V. 3. of the "General Conditions" of the issued permit states that "The maximum waste level in lagoon/storage pond shall not exceed that specified in the CAWMP." G. The CAWMP specifies that the minimum freeboard level in the lagoon shall not be less than 18.6 inches. H. Staff of the Fayetteville Regional Office inspected Bull Run Farm on January 28, 1999. The freeboard level in the lagoon was determined to be eleven (I l) inches. I. The Fayetteville Region Office had not been notified by Three B Farms, Inc. that they had failed to maintain storage capacity in the lagoon greater than or equal to the Ievel specified in Animal Waste Permit No. AWS430032. J. The costs to the State of the enforcement procedures in this matter totaled $1,030.06. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Three B Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Animal Waste Permit No. AWS430032 is required by G.S. 143-21 5.1. C. Three B Fauns, Inc. violated Condition -No. M. 6.e of the "Ivfonitoring and Reporting Requirements" of Animal Waste Permit No. AWS430032 by failing to "report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a laaoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit". D. Three B Farms, Inc. violated Condition No. V. 3. of the "General Conditions" of Animal Waste Permit No. AWS430032 by failing to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in the CAWMP. E. Three B Farms, Inc. may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars (S10,000,00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed Three B Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Three B Farms, In6. is hereby assessed a civil penalty of: $_ \ „p o o _ for violating Condition No. III. 6.e of the "Monitoring and Reporting Requirements" of Animal Waste Permit No. AWS430032 by failing to notify the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of the General Permit S �t2p for violating Condition V. 3. of the "General Conditions" of Animal Waste Permit No. AWS430032 by failing to maintain storage, capacity in a lagoonlsforage pond greater than or equal to that required in Condition V (3) of this General Permit S _,ado TOTAL CIVIL PENALTY, which is _,LC_)- percent of the maximum penalty authorized by G.S. 143-215.6A. $ 1.030,06 Enforcement costs 53, 010 - 9(e TOTAL AVIOL`NT DBE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to. the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (;} 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_ to (Date) Kerr T. Stevens, Director Division of Water Quality F BIT SENDER: - - I also wish to receive the follow- ' Q GcaVete rterm t anNor 2 td''20cftonal sonmc S. ing services (for an extra fee): Urnp o harts 3. 4a, ef4 4b. q Prmt yore name and on the reverse Ct to form so that we Wt retum "a cud to ttf twm to uw pore pt the nm* ieea• or w back p a�pacae does not ❑ Anach Pon- on tF Addressee's Address 2. 0 Restricted Delivery m Q Wrae 'Aatum Reorrpr P4Cu& racron tfw nuapiew below the artide number. c) The RmLxn Receipt will a ww to whom the arbeia was de6vwad end fie dais dalNemd, a m 3. Article Addressed to: j 4a. Article Numbercc /_ r L c 4b. Service Type ¢ z ❑ }legistered *ertified f� ❑ Express Mail Insured ❑ Retum Receipt for Merchandise ❑ COD � � D 7. Date of Delivery 5- Recei ed 6yr n N ) S. Addressee's Address (Only it requested and lee Is braid) ; &. ;idnaturp (,#7ressei;,&A t) 11, December 1994 102525-sa-a-OM ❑amastie Return Rinaipt � m a 00 _ T y C (p N D n� Ln i i_r1 =�0� f O < -N D u m b nU G m C — G � Q laJ O W EXHIBIT C STATE OF NORTH CAROLn;A L` THE OFFICE OF COUNTY OF HAR.NETT ADNILNISTRATIVE HEARLVGS CERTIFICATION The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of records of the contested cases filed pursuant to G.S. 15DB-23(a), that he has made a diligent search of the records of this Office and has found that through July 30, 1999. no open petition exists that was filed by Three B Farms. Inc. Sufficient to commence a contested case concerning the matter of violations of conditions of Animal Waste Permit AWS430032. This the 41 fiday of cckg -' — 2000. Julianlianas, III. f Administrative Law Judge L EXHIBIT State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Thad Bullock 475 Burning Tree Road Pineturst, NC 28374 Dear Mr. Bullock: A -A& WA Wam NCDENR NCAM i CA OUKA t]ePAPTMENT'oF Em%nFtONMENT ^mo NAnAwI.- RESOURCES .. November 9, 2000 RE: Civil Penalty Remission File No. PC 99-006 Three B Farms, Inc. Bull Run Farm Thanks for your call yesterday. I understand that you did in fact request remission of this penalty when it was issued and the paperwork was evidently lost. PIease accept my apologies for the inconvenience this bas caused. I have enclosed a copy of the original civil penalty document that we discussed. If you wish to request remission of the penalty. please sign the attached waiver forTn and return it to me as soon as possible. Please be aware that signing the waiver form forecloses the option of an administrative hearine. In your remission request, please include any additional information that is important (such as a signed statement that the freeboard marker at Bull Run Farm was inaccurate by -Y' number of inches) and address any of the five factors in paragraph 2 on page two of the cover letter that you think are relevant. Note that the first of the five factors in the cover lerter refers to the eight factors that start at the bottom of the third page of the "Findings and Decision" document. Mailing Address: Telephone (919) 733 -5083 1617 Mail Se -vice Center Fax (919) 733-00 9 Raleigh. North Carolina'7699-1617 State Courier 4S_-01-01 An EqualOpporau:it+l/.Afjrmtarn•e.Arrion Employer 507c ren,cled / 107c port -consumer paper hrrp:11h20. enr. srate. nc. us Location: 51' N. Salia~un. St. Raleish. NC 27699-1617 If you can get your request in before December 4E°, the Director of the Division of Water Quality (DWQ) will consider it at the meeting scheduled for that day. You may want to send it via certified mail so that you have a record that it was received. Send it to Mr. Steve Lewis DWQ 16I7 Mail Service Center Raleigh, NC 27699-1617 Again I apologize for this inconvenience and hope that we can resolve this situation as soon as possible. Please feel free to call me at (919) 733-5083 ext. 539. Sincerely. -':� koe' Steve Lewis cc: Paul Rawls, FRO Regional Office Jahn Hasty, FRO Tile`PC 99_-006 Central Files ■ Complete items 1, 2. and 3. Also complete item 4 ii Restricted Delivery is desired. ■ Print your name and address on the reverse se that we can return the card to you. Ir Attach this card to the back of the maiipiece, or on the €rorr. if space permits. 1. Article Addres�-ed !a: P 7Af- A (re vod by (P , O Print Clearly) B. Date 1 Der' ,trip,ZIlG'i�C� J G. signature X �OAddm�ssee 1 n. Is delivery address d1lecam kum item 1? ❑ Yes If YES, enter aeiivery adtlress beiow: ❑ No 3. Service Type Certified Mail ❑ Express Mail Registered Return Receipt for Merchandise ❑ Insured Mail C.Q.G. r A. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticJe Number rCopy from service label) PS Form 3811, July 1999 Domestic Retum Receipt amiss es M ti-a9 ` ru rM .Sa I �St IEnCt'se^..ent Rate+s_ 1 r� l� F4es�.c;e� aeirverr =ca � Q '7o LI Pcstege 3 Fees I7 . 1 rra.'IPMM's NOM _ ..............•--.-..---'- ...... EXHIBIT E State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director May 16, 2001 CERTIFIED MAII� RETURN RECEIPT REQUESTED Mr. Thad Bullock 475 Burning Tree Road Pinehurst, NC 28374 RE: Civil Penalty Remission Request File No. PC 99-006 Bull Run Fann Dear Ivir. Bullock: 1 • • NCDENR ENVIRONMENT ANo NAa%jRAL Rt-so urtcEs Your immediate attention to this matter is required, On June 22, 1999, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against Three B Farms, Inc. in the amount of S3,030.06, for violations of conditions of the animal waste permit issued for the Bull Run Farm. DWQ received the certified mail receipt that shows that you received the civil penalty assessment on or about June 30, 1999. We spoke on the telephone on November 8, 2000 regarding your remission request. You stated that you had requested remission following the penalty assessment- Evidently, the paperwork was lost. In correspondence dated November 9, 2000, I sent you a copy of the original civil penalty assessment and the waiver form necessary to request remission. This was received on November 28. 1999 as evidenced by the certified mail receipt card (copy attached). To date, I have not received your written rescission request. Mailing Address: Telephone (9I9) 733-5083 1617 Mail Sertiiee Center Fax (919) 733-0059 Ralei,h. `or[tt Carolina 27699-1617 State Courier #52.01-01 An Equal Opporrunir. /Affirmarive Action Etnplo�yer 50t''c recycled / 107c pass -consumer paper htrp://h30. ermstate.nc.us Location: 512 N. Salisbury St. Raleigh, INC :17699-1617 Please send your,rernission request and the signed waiver form (see attached) to my attention within ten (10) days of receipt of this letter. Please send the request and waiver to: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-16I7 Please understand that, although the farm was sold shortly thereafter, Three B Farms, Inc. is still responsible for payment of the civil penalty. If your remission request is not received by the deadline, the full amount of the penalty will be immediately due and payable. If you would like a receipt for your remission request, send it via certified or registered mail. Please contact me at (919) 733-5083. ext_ 539 if you have any questions. Sincerely, Steven C. Lewis cc: Paul Rawls, FRO Regional Office John Hastv. FRO TE6 PC 99-DO4 Central Files A. Brad Bullock, Sr. STATE OF NORTH CAROLINA COUNTY OF HARINTETT IN THE MATTER OF ASSESSMENT OF CIVIC. PENALTIES AGAINST PERMIT NO. AWS420032 ENVIRONMENTAL MANAGEMENT COMMSSION WAIVER OF RIGHT TO AN AD110LNISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC 99-006 Having been assessed civil penalties totaling _ _ $3 030.06 -for violation(s) as set forth in the assessment document of the Director of t5e Division of Water Quality dated June 16, 1999 - _, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated shatter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIGNATURE ADDRESS 475 Burnine Tree Road Pineburst. NC 28374 TELEPHONE (910) 235-46_ 8 EXHIBIT ROY COOPER ATTORNEY GENERAL , ;, 9 r• � �,y-1 .� . A State' of--iNortW, Carolina, F EPLY TO:' Anita LeVcaux DenartMent of IUStice Environmental Division P. 4. Box 629 Alcveaux@trail jus.state.nc.us Telephone: 919171b-6600"`� [v'virLlGl ! Fax:919/716-6767 27602-0629 "`. October 1, 2001 CERTLE1 D MAIL' RETURN RECEIPT REQUESTER'':,Y°�`"``="'�`=' Thad Bullock Three B Farms, Inc. 475 Burning Tree Road Pinehurst, NC 28374 RE: CjectionQf tk.1Rjd Q3j1 Penalty Assessment (DENR File No. PC 99-006�, for, violation-4-N _C-Gen. Stat, 143-215.1,and Permit No.; AWS430032 Dear Mc. Bullock: The Division of Water Quality ("DWQ") of the Department of Environment and Natural Resources ( "DENR") has requested that the Attorney General's Office commence a lawsuit against Three B Farms, Inc. to collect an unpaid civil penalty totaling three thousand thirty dollars and six cents ($3,030.06) for the above referenced violation. The Civil Penalty (CPA) was assessed by DWQ on June 22, 1999. After due notice from the Department, Three B Farms, Inc. alleged to have requested remission within the 30 days of receipt of the civil penalty. DENR did not receive the request.. After a telephone conversation with Mr. Bullock, on November 9, 2000, DENR mailed a second letter to Mr. Bullock enclosing a copy of the original CPA and a second waiver form to be signed and returned to DENR upon receipt. No response was received to the second request. On May 16, 2001 a third request was mailed to Mr. Bullock. To date, no response has been received by DENR. We are hopeful of avoiding litigation over this issue and are thus asking that this matter be resolved as quickly as possible. In order to avoid the filing of a civil action against Three B Farms, Inc., the CPA must be paid. Payment should be made by check or money order payable to "N. C. Department of Natural Resources" or "DENR", and sent to my attention at the letterhead address. If payment is not made within ten (10) days of receipt of this letter, the State will have no option but to pursue all available remedies to recover the full amount of the penalty, any applicable interest and the costs of court. A October 1, 2001, 4 �*Wfd: Y�,r;_�-. 43 B Farms Pale 2 _ „ rq• .... t�f:�1�1n i c"SC°,��'c4'�I'�j�.�, k�x`�a.�1`:i"� k,,;�;^"S�'`y��a• POW,%,, Thank you for your prompt attention to this matter. I trust this matter can be resolved_quickly., ,. If you have.,any;questions, please contact we directly at (919) 716-6967. . 'a!b ti Anita LeVeaux Assistant Attorney General EP/50592 � 3y Postaq� .i,_ a � L:C!t.ired FCC y�— Li- Return ReCe:pl Fec L�� r rq {Endorsement Requ rotli j � Restnrle[i CreiwenFFt� l�---�C fEnao,semant Recu,retli I a a Total Postage 6 FOOS t"n Zr- — .. M PRprffn" Namo %%��sc Prrnr C IT ir C----------- . ra:e, zrF. • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. t Print your name and address on the reverse so that we can return the card to you.. M Attach this card to the back of the maitpiece, or on the front if space permits. t. Article Addressed to: JI ',`LG�i t•c C'CC 7�z oy 276p'� t'l~ by ¢keasTP rif Clearly f e. Date rn r 'I f1 I l C. Sign C� © Agent f'f 0 Addre D. 16 delivery address different from item I? ❑ Yes If YES, enter delivery address below: l) No 3. service Type 0 Certified Mall ❑ Express Mall 0 Registered ® Return Receipt for Merchandise © Insured Mali ❑ C.O.D. 1 4, Restricted Delivery? (Extra Foe) ❑ Yes 2, Article number (Copy from service )abel) �3 PS form 3811, .July 1999 Domestic Retum Receipt $025V5 WM-17as State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director May 16, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Thad Bullock 475 Burning Tree Road Pinehurst, NC 28374 RE: Civil Penalty Remission Request File No. PC 99-006 Bull Run Farm Dear Mr. Bullock: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NiquRAL RE50URCES Q�_ O ICY 17 2001 ,r 1{ Q Your immediate attention to this matter is required. On June 22, 1999, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against Three B Farms, Inc. in the amount of $3,030.06, for violations of conditions of the animal waste permit issued for the Bull Run Faun. DWQ received the certified mail receipt that shows that you received the civil penalty assessment on or about June 30, 1999. We spoke on the telephone on November 8, 2000 regarding your remission request. You stated that you had requested remission following the penalty assessment. Evidently, the paperwork was lost. In correspondence dated November 9, 2000, I sent you a copy of the original civil penalty assessment and the waiver form necessary to request remission. This was received on November 28, 1999 as evidenced by the certified mail receipt card (copy attached). To date, I have not received your written remission request. Mailing Address: Telephone (919) 733-5083 1617 Mail Smiee Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporrunin• /Affirmative Action Employer 50% recycled / 10% post -consumer paper hrrp:IA 20, en nstate.nc. its Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please send your remission request and the signed waiver form (see attached) to my attention within ten (10) days of receipt of this letter. Please send the request and waiver to: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please understand that, although the farm was sold shortly thereafter, Three B Farms, Inc. is still responsible for payment of the civil penalty. If your remission request is not received by the deadline, the full amount of the penalty will be immediately due and payable. If you would like a receipt for your remission request, send it via certified or registered mail. Please contact me at (919) 733-5083, ext. 539 if you have any questions. Sincerely, Steven C. Lewis cc: Paul Rawls, FRO Regional Office lie�tttt-Hasty, FRO File PC 99-006 Central Files A. Brad Bullock, Sr. STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HARNETT IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. AWS430032 ) STIPULATION OF FACTS FILE NO. PC 99-006 Having been assessed civil penalties totaling J3,030.06 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated June 16, 1999 , 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 , 2001. SIGNATURE ADDRESS T 475 Burning „Tree Road _ Pinehurst NC 28374 TELEPHONE (910) 2354638 • Complete items 1. 2, and 3- Also complete item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. t- Article A�CC�res3e4 to-. A. ayeived by (P se Print C earfyj B. Cato t D@I' C. signature, ) r j x ❑Addressee l?. sidle iv�ery atlGess d fferw:[ trtx t item i T O Yes ^r If YES, entcr delivery address below: Q No P' 3. Service Type Certified Mail ❑ Excress Mail Aagistarac Aen rn aceirt 'or `terr-handisa C 'nsured %Ia,l C.O.C. P.emrc.ed Ceivery4 (Extra Fae: r' Yes 2, A,,7zia NtiTder fG:cy Imm seriiCe 'ate?) PS Form 3811, July 1999 Ccr-est:C Re!um Receipt '�2l3r69-M-t789 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director May 16, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Thad Bullock 475 Burning Tree Road Pinehurst, NC 28374 RE: Civil Penalty Remission Request File No. PC 99-006 Bull Run Farm Dear Mr. Bullock: AYkWA 4 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRcEs MAY j 72001 Wo Your immediate attention to this matter is required. On June 22, 1999, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against Three B Farms, Inc. in the amount of $3,030.06, for violations of conditions of the animal waste permit issued for the Bull Run Farm. DWQ received the certified mail receipt that shows that you received the civil penalty assessment on or about June 30, 1999. We spoke on the telephone on November 8, 2000 regarding your remission request. You stated that you had requested remission following the penalty assessment. Evidently, the paperwork was lost. In correspondence dated November 9, 2000, I sent you a copy of the original civil penalty assessment and the waiver form necessary to request remission. This was received on November 28, 1999 as evidenced by the certified mail receipt card (copy attached). To date, I have not received your written remission request. :tilailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Af)irmativeAction Employer 50% recycled/ 10% post -consumer paper http://h20. en r. state. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please send your remission request and the signed waiver form (see attached) to my attention within ten (10) days of receipt of this letter. Please send the request and waiver to: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please understand that, although the farm was sold shortly thereafter, Three B Farms, Inc. is still responsible for payment of the civil penalty. If your remission request is not received by the deadline, the full amount of the penalty will be immediately doe and payable. If you would like a receipt for your remission request, send it via certified or registered mail. Please contact me at (919) 733-5083, ext. 539 if you have any questions. Sincerely, Steven C. Lewis cc:4Pau1 Rw1s; FRO Regional Office John Hasty, FRO File PC 99-006 Central Files A. Brad Bullock, Sr. STATE OF NORTH CAROLINA COUNTY OF HARNETT IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. AWS430032 ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC 99-006 Having been assessed civil penalties totaling _$3,030.06 _ for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated June 16, 1999 , 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 , 2001. SIGNATURE 475 Burning Tree Road Pinehurst, NC 28374 TELEPHONE _ (910) 235-4638 T _ ■ Complete items 1, 2. and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to::,',w a ef;enred try (Pr se Pdnt C:eaAyj s. Date f Del' i I �.- &u I/12re �� 7R7 7/ a c. s�gnatura J r � X ❑ Addressee C. Is delivery address different frun item 1 T ❑ Yes r If YES, enter delivery address below: ❑ Na 3_ Sar+ice Type Certified %tail ❑ Ex:ress 41aif Registered Return Receipt !cr Merchandise ; Q Insured Mail C.O.Q. R __ Festncted De;ivery7 (Extra Fee) ❑ Yes 2. IAnicle/y Numaer ICccyy Irnm service ,abed PS Form 3811, July 1988 Ccrt:estic Return Receipt -42595.99•M-1789 Date: March 22, 1999 To: Coleen Sullins, Section Chief Water Quality Section Through:,, Paul Rawls, ater Quality Supervisor Fayetteville egionalOffice From: John Has , nvironmental Specialist Fayetteville Regional Office Subject: Recommendation for Enforcement Violation of Permit Conditions Bull Run Farm Permit No. AWS430032 Harnett County Please find attached two versions of a fast track enforcement package pertaining to violations of General Permit Conditions by the subject swine facility. Two versions are offered as this is the first Permit Conditions case this office has prepared. The attached inspection form will detail the basis for the action as well as a Iist of assessment factors. This office feels that enforcement should proceed due to the following reasons: The owner of this farm have had numerous problems with compliance as noted in the inspection form. It should be noted that the owner has two other farms that have had problems. We feel that records received by this office are questionable as to the authenticity and reliability. Prior actions and statements from the certified operator in charge. The number of NOD's and NOV's issued to this and other two farms. Continuous high freeboard problems at all three sites demonstrating the lack of concern for the terms and conditions of the permit as well as the environment. We would be glad to sit down with you and review this case if you would prefer. Otherwise, if you need additional information or clarification, please advise. STATE OF NORTH CAROLINA COUNTY OF HARNETT IN THE MATTER OF ) THREE B FARMS, INC. ) DB/A BULL RUN FARM ) FOR VIOLATIONS OF CONDITION ) OF ANIMAL WASTE PERMIT NO. ) AWS430032 BY FAILING TO ) NOTIFY DWQ OF HIGH LAGOON ) LEVEL ) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. PC FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Three B Farms, Inc. is a Corporation organized and existing under the laws of the State of North Carolina. B. Three B Farms, Inc. owns and operates a swine operation in Harnett County. C. Bull Run Farm was issued Animal Waste Permit No. AWS430032 effective December 30, 1997, with an expiration date of December 31, 2001. D. Condition No. 1.2 of the Performance Standards states that "Any violation of the Certified Animal Waste Management Plan (CAWMP) shall be considered a violation of this General Permit and subject to enforcement action, Condition No. M.6.e of the Monitoring and Reporting Requirements of the issued permit requires: The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e.. failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit. Condition No. V.3. of the General Conditions of the issued permit: "The maximum waste level in lagoon/storage pond shall not exceed that specified in the CAWMP." E. Staff of the Fayetteville Regional Office inspected Bull Run Farm on January 27,1999. The lagoon level was determined to be eleven inches below the top of the dike, which is into the structural freeboard of the lagoon. The Fayetteville Regional Office had not been notified as to the emergency level of the lagoon by anyone at Bull Run Farm at the time of the inspection. F. The costs to the State of the enforcement procedures in this matter totaled S 1,030.06. Based upon the Findings of Fact, I make the following: II CONCLUSIONS OF LAW A. Three B Farms, Inc, is a "person" within the meaning fo G. S. 143-215.1.6A pursuant to G.S. 143-212(4). B. Animal Waste Permit No. AWS430032 is required by G.S. 143-215.1. C. Three B Farms, Inc.'s above cited failure to follow the Certified Animal Waste Management Plan for the Bull Run Farm violated condition No. 1.2. of the Performance Standards of Animal Waste Permit No. AWS430032. Three B Farms, Inc.'s above cited failure to report to DWQ and failure to maintain proper storage capacity at the Bull Run Farm violated condition No. 111.6.e. of the Monitoring and Reporting Requirements of Animal Waste Permit No. AWS430032. Three B Farms, Inc.'s failure to maintain the required freeboard at the Bull Run Farm violated condition No. V.3 of the General Conditions of Animal Waste Permit No.AWS430032. D. Three B Farms, Inc. may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates or fails to act in accordance with the terms,.conditions, or requirements of a permit required by G.S. 143-215. L E. The State's enforcement costs in this matter may be assessed against Three B Farms, Inc. pursuant to G.S. 143-21 S.3(a)(9) and G.S. 14313-282.1(b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Three B Farms, Inc. is hereby assessed a penalty of. for violating condition Nos. 1.2., III.6.e., and V.3 of the Performance Standards, Monitoring and Reporting Requirements, and General Conditions, respectively, of Animal Waste Permit No. AWS430032 by violating the Certified Animal Waste Management Plan, failure to maintain the required storage capacity in the lagoon, and failure to notify DWQ of such at the Bull Run Farm. $ 1.060.30 Enforcement costs TOTAL CIVIL PENALTY, which is percent of the maximum penalty r authorized by G.S. 143-215.6A. $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 considered the factors set out 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) Kerr T. Stevens, Director Division of Water Quality t STATE OF NORTH CAROLINA COUNTY OF HARNETT IN THE MATTER OF THREE B FARMS, INC. DB/A BULL RUN FARM FOR VIOLATIONS OF CONDITION OF ANIMAL WASTE PERMIT NO. AWS430032 BY FAILING TO NOTIFY DWQ OF HIGH LAGOON LEVEL NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. PC FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources,1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Three B Farms, Inc. is a Corporation organized and existing under the laws of the State of North Carolina. B. Three B Farms, Inc. owns and operates a swine operation in Harnett County. C. Bull Run Farm was issued Animal Waste Permit No. AWS430032 effective December 30, 1997, with an expiration date of December 31, 2001. D. Condition No. HI.6.e of the Monitoring and Reporting Requirements of the issued permit requires : The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e.: failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3), of the General Conditions, of this General Permit. E. Staff of the Fayetteville Regional Office inspected Bull Run Farm on January 27,1999. The lagoon level was determined to be eleven inches below the top of the dike, which Is into the structural freeboard of the lagoon. The Fayetteville Regional Office had not been notified as to the emergency level of the lagoon by anyone at Bull Run Farm at the time of the inspection. F. The costs to the State of the enforcement procedures in this matter totaled S 1,030.06. Based upon the Findings of Fact, I make the following: II CONCLUSIONS OF LAW r A. Three B Farms, Inc, is a "person" within the meaning fo G. S. 143-215.1.6A pursuant to G.S. 143-212(4). B. Animal Waste Permit No. AWS430032 is required by G.S. 143-215.1. C. Three B Farms, Inc.'s above cited failure to report to DWQ and failure to maintain proper storage capacity at the Bull Run Farm violated condition No. 111.6.e. of the Monitoring and Reporting Requirements of Animal Waste Permit No. AWS430032. Three B Farms, Inc.'s failure to maintain the required freeboard at the Bull Run Farm violated condition No. V.3 of the General Conditions of Animal Waste Permit No.AWS430032. D. Three B Farms, Inc. may be assessed civil penalties pursuant to G.S.143-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Three B Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Three B Farms, Inc. is hereby assessed a penalty of $ for violating condition Nos. I.2., IIIA.e., and V.3 of the Performance Standards, Monitoring and Reporting Requirements, and General Conditions, respectively, of Animal Waste Permit No. AWS430032 by violating the Certified Animal Waste Management Plan, failure to maintain the required storage capacity in the lagoon, and failure to notify DWQ of such at the Bull Run Farm. $ 1,060.30 Enforcement costs S TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 considered the factors set out in G.S. 143B-282. I (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 duality; (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) Kerr T. Stevens, Director Division of Water Quality 1. Date of Inspection(s): Tarivarv_27, 1999 2. Regional Office: Fgyctteville, Water Q11ality &ction r 3. Name of Owner Of Property: Three B Farms. Inc. CQry of Deed attached) 4. Name of Operator: Three B Farms. Inc. Address:5. 1 E. I&ois: Swithan `ffi ' 6. Phone Number: (910)�215-0875 7. Description of Facility Location, Map excerpt attached. The Run Farmis located on the -east -side of SR 1131,_approximajely .8 mile south of its intersection withliwy 27. soQthwest ofLillina tQ11. NC. in,Hamett CojjWL 8. Date this facility began operation: The farmhas_been in full operation_ since November-1997. 9. Date of last expansion: No expansign 10. Has the facility registered with DWQ? YES NO_ Ifyes, date of registration 7-29-97 11. Does the facility have an approved Animal Waste Management Plan YES. NO_ Is one required? YES NO_ Date Approved: September 29- 1997 12. Has this facility received a CAFO Designation? YES NO_ If yes, date issued: 7-29-97 13. Type of Operation: Swine. 2400 Farrow IQ Wean 14. Number. type of livestock:There ..a s Ilt 40E .v • .F 4E- • .1 at the time of the inspection. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve -(I 2) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, the farm was dgsianed tQ have 49 acres of cropland- Page 2 LOW 18. Description of other animal operations in immediate vicinity and proximity to same or o t h e r surface waters: 1t wW noted that -there are two_poultry operations located wit in a Quarter mile of this facility. 19. Proximity of facility to neighboring houses, wells, etc.; It was notedAbat_there_ are three neighboring residences located at the entrance to this fa ility 20. Approximate depth of ground water table in the area of the facility or discharge: unknoAm 21. Proximity of facility to surface waters: Th�ner, Little Mver enterk the prQlrgrty boundary at the extreme soulheast_corner ansi near the southwest comeLnear_the aaliou fields, 22. Animal waste discharged. Sydm Witnesses: John Hasty. DW EXe_ttevilly—Regional Office (910) 486-1541. Robert Heath_ DWQ Fayetteville Regional Office (910) 486-1541. 23, Are pollutants discharged in the waters of the State? N.Q If so, how? 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24 hour storm? 25. What is the degree and extern of harm to the natural resources of the State, to public health, or to private property resulting from the violation?: NQnL Sample results: No samples taken Page 4 27. Water Quality Assessment: 28. What is the cost of rectifying the damage?: 29. What is the amount of money saved by noncompliance?: ,, 30. Was the violation committed willfully or intentionally?: CI Explain: Based go tbeTecgr& furni5hgd. the owner and thg egliftd operator iri-chame were 1" hi& s +1! .!d_!l• 14 !_ •_I • + !1 ! !e • i ! r rr "!! and went r r r+• + r • • � 1 � 1 r r r 1� r :.!!! 1•+ ! _1 ++1 _! 7111 1: I!' IN3 ITM. W I SI a_1 +l •1! !1L+ no ta 1 ++ R I IRM I' 11 • ` •l+ _ �� 111111.1111+X f. ON. 11 11 1 r am r. • 1! s+ «!! a �• 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 9.28 Mileage: $0.20 per mile for 572 miles: $ 114.40 Deed procurement $ 2.00 Total $ 125.68 John Hasty @a $17.62/hr 14 hours - Drive Time $ 246.68 12 hours - Investigation $ 211.44 18 hours - Report Development $ 3l 7.16 hours -8.5 IaW $ 775.28 Paul Rawls- 1Hour Supervisory review $ 29.10 Central Office Review $ 100.00 Total $ 1,030.06 33. Type or general nature of business: Swine. Farro to Wean Operation Page 5 • 4-1 •1•- • 4! • •i! • • ! .. • IT W-.Il!VfTMr-Vo7* • 1 I -x lV)=4=GjW•Q - a • • - • . • 35. Are there any Mitigating Circumstances?: NQ 36. Assessment Factors: a. I WC b. Receiving Stream c. Damage Yes ._._ No X (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. 37. Include q CUR,Ygf any Dtsignptjon letter signed by the Director. 38. Recommendations Made to Owner/Operator: - Immediately lower The level in IbQ 1agQon to t}�e renuired nineteen inches. 2- Pump waste out of ditch alid apply to a suitable anp_roved site. 3- Plud scharg�pmes from houses to minimize wasl_e entg1jng lag_aon. 39. Recommendations for further DWQ Action: ,- NQ,tice of yjolation_(Eorwarded-Fehruary 9.1999� - Enforcement Action - Reins ep ction • • • • ♦raftM a} Page b 1 . " ./ : ! - I 11_ _r !, ' I `_ Y 1 !_1 _ _I • 1! • 1 _ME=1074 1!:}._"}1 r • r :_ 7'If_ 14 }}' -ly, •�_ • •am-RINFAMIR oil ill, C • ! .1• i 1 U �_ •1-i It FRI MIT a nq q no :} }� } 1• . }. 'i ., 1 i." i i 1_ :l11 =1! 1 i} . • 1 !• HD IIQ GlaI3 ONMI Na alSdM 3HfUVH3 aDVN U(l NI FUSWA WWVA EINIMS NflU mnu BULL RUN SWINE FARM RUN-OFF FROM SPRAY FIELD DRAINAGE FEATURE IN FIELD BULL RUN SWINE FARM RUN-OFF FROM SPRAY FIELD DRAINAGE FEATURE IN FIELD A 7 . r _.......-.. _ - Division of Soil and Water Conservation - Operation Review Division of Soil and Water Conservation - Compliance ]nspectian Division of Water Quality -Compliance Inspection Other Agency - Operation Review jr0 Routine 0-Complaint g Follow-up r f DNVQ inspection 0 F Follow-up of DS%VC review Q Other {W�J Facility Number - Date or Inspection " Time of Inspection 2 i 24 hr. (hh:mm) Permitted 0 Certified © Conditionally Certified 13 Registered [l Not Operational Date Lust Ope ated: Farm Name: �1 R%A A— » County: _ ��.� �,� ...................... ......9.lr�... ».... » .. ....... _ Owner Name ..... ................ ,t✓.`.:1:.!.l 0 G .......»..... .»............ Phone No: ................ Facility Contact: ....... 1,...f::l..s.d......... ...... Title: .._.................................. ._... Phone No:............................................... Mailing Address:......��.0 ..... 7 �°� .4 ......Lrt`..r.. .. ............. .._... ..0If-41.4fl . .. C............... ZaZ..... Onsite Representatire:.1�°'. .,:v.rt Ps✓! ..11 e�!..... Integrator:...........! 1'..................................... . 'r Certified Uperutur:., »., „,„„,,..»..:3-'�..;......_..........,. -,». Operator Certification Location of Farm: Latitude " 4 it Longitude a is Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder 10 Layer Dairy❑ Feeder to Finish ❑ Non -Layer PO Non -Dairy Farrow to Wean (�Q Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 220 ❑ Gilts ❑ Boars Total SSLW Number of Lagoons ❑ Subsurface Drains Pre -sent- © Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps ❑ No f, (p6d Waste Management System Discharge-- & Strcam Imnacts 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? Dischargc originated at: [I Lagoon '4 Spray Field E] Other a. If discharge is observed, was the convc)•ance man-made? h. If discharge is observed, did it reach: ❑ Surface Waters ❑ Waters of the State c. If discharge is observed. what is the estimated flow in gal/tnin? d. Mws discharge bypass a lagoon yystcnl? 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts to the waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? 14 Yes ❑ No ❑ Yes 1 No ❑ Yes No r ❑ YeX,4Nc e 'Ye ❑ Yec ❑ Yes ❑ Nc Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier. .... Frcchuard(inches): .. ....... ......», . _ _ ...._.................................................................... .»» »» . _......_.».....»..................................... 1/6/99 Continued on back ..,:,city Number: - 2 Dutc of inspection S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes ID No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? 0 Yes ❑ No (If any of questions 4.6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No S. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Il'a51r Application 10. Are there any buffers that need maintenance/improvement? 1� Yes ❑ No 11. Is there evidence of over application? Xponding ❑ Nitrogen ❑ Yes ❑ No 12. Crop type ............t.&............. ............................. ..... ............... _._........... » .__ .............». »._----- ..---- M...»............ __.» » ».. _........_......» ... _ 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 0 No 14. Does the facility lack wettable acreage for land application? (footprint) 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Renulred Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 19. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a certified operator in responsible charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? fie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? ho.vialations or c�eticicncies.�sert~ noted tfuring t�iis'tiisil:.'�'riri ilk rMei►>9 r*0 ttir1her-. . COrr#spbficie�� boitt'th s Wjsjt.; 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):, q/a p15' -tut - 7-4-a Tw /aoo­x- level w t-s s' a4 GCl l�Gr e y ewbot— WaSdT A$e� tc�r�'r t 7f60 16rv145q%A7 CL0,4 .. 1 11 " reaho4j-d gyp! -A .SAs /-2791. 7,'Z'-, s 1Q dati level S / A E. .S'7'+-"c4u r'4.f 4;e _JJ sPct. r:d 017 Q om• h r to r o p-r— 4-LP r e- iorx S e m Reviewer/Inspector Name ��_Y4a 5 ❑ Yes El No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes q No ❑ Yes ❑ No ❑ Yes ❑ No (] Yes 0 No ❑ Yes 0 No ❑ Yes ❑ No ;1 W eLS f vU 11,( r Ll _, � ofI 7lie ;ke,. /fitPre -sue /Z �C� 10t4X Reviewer/Inspector Signature: Date: 4 Z —� 111619 iiltyl~umber: Dateaslnspectlowll�L Additional Comments and/or Drawings::°v Ax4r, wl 441J`trh'01�► ��r. �anCS !'+�• �ec a J Locklaar were ?a-�- k.j ` lt O-A— m oL ke 4-to o a 1 c k-15 9.rezL. A'.j 'Pial tram.. l d,4rL a+ `fie r eld . 7le 4vc'.T4 ks deer. Co-, -16 fnFQ I1 G ,.f.� J�1- % Ine. Pao 0.r�f %41% I-Ccklor h h4)c ;ti I ne d'7�'r'�W; it be 0� fte iwr�k a"� - 4/30/97 Division of Soil and Water Conservation -Operation Review Division of Soil and Water Conservation - Compliance Inspection.. Division of Water Quality - Compliance Inspection Other Agency • Operation Review. ` r 10 Routine O Complaint d rollow-up of DNN'Q inspection O Follow -tip of DSNVC rcview 0 Other Q Facility Number N_ ._. . rate or inspection 0- e Time of Inspection LL2J ?A hr. (hh:mm) 0 Permitted ❑ Certified [3 Conditionally Certified 13 Registered © lot O) eratinnal Date Last Operated: ........,,»„» _» Farm Name; ................ �.........».... ..».........._.......... County: ------- .---- Owner Name: -_......f .�1r�.................. fl&[ k........._.......................... Phone No:................................................................................ »..... FacilityContact. ..M......._�j.._....» ..... »....... /�. .p».....Title: .»...„..._._ ..... ........... j...... PhoneeNo: ............ ..»_....».......................... Mailing Address: ............C..:»�:.....fdx.......a�+l.. A........_.....».»»......-... ... ........... ................�� .......... . ..i OnSite Represrntntive:..... .......„...» _.... »..» ». Intel;ratr►r: Certified Operator: ............. AWN.5............. .... :5.t? ................».. Operator Certification Number:......................................„ Location 'of Farm: .............. ... ..................................... ........... ............ ............... ...................................... .„...».................................. ».......... ........... ......... :..„.............. ..... ».......... I ........... 4 Latitude • a 66 Longitude ' 6 $a esign Current bw"ne Capacity Yopulation ❑ Wean to Feeder ❑ Feeder to Finish Farrow to Wean Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle' Capacity 'Population ❑ Layer I I d JE3 Dairy ❑ Non -Layer I 1 10 Non -Dairy ❑ Other Total Design Capacity _�;iv4DCD Total SSLW Number of Lagoons ❑ tiubcurface Drains Present 110 Lagoon Area 10 Spray RA Area Holding Ponds / Solid Traps ❑ No Liquid ]Taste Management System M-wharecc d Stream Imp 1. Is any discharge observed from any pain of the operation (If yes, notify DWQ)? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If tlischarge is observed, was the conveyance nian-made? h. If discharge is observed, did it reach:- ❑ Surface Waters ❑ Waters of the State c. If discharge is observed, what is the estimated flow in gal/ruin? �d. Docs discharge bypass a lagoon system? 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts to the waters of the State other than from a discharge? ]Paste Collection R Ireatment 4. is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 Identifier: Freeboard (inches): ..^� . �t7� ..,r.�!r ...»».».. »...._ _ ............ �... ... Structure S Q Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No Structure 6 1/6M Continued on back Facility Number: — Date of Inspection F—= S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No B. Does any pact of the waste management system other than.waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any sluetures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Wwae Annlication 10. Are there any buffers that need maintenancehinprovemcnt? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen ❑ Yes ❑ No 12. Crop type ...»...».... .....»..,»..» . »..»......, .»..... _..... .._ ........ .....» » ........... ».....»......»....... »...... ».........»..».. .....»............. 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. Does the facility lack wettable acreage for land application? (footprint) ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16, Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Renuired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 19. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? Oe/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspcction with on -site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No hiQ:rialations •or. dericie' ni de's d. dtirfng AIi'visit:. -66 mlll.reke In-i no' ftirflier c•brr- spondenfie abotit't�tiS v 5il: Comments (refer to question 4): 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): l5car.�rt �l. �iT act +vs'►'� C.i?CC �� 'Vad' N'krx un t1"n•t. �et�u�e AL 114�0cn U7-rved 71'�l 1�«��f/C, /td Scffij ?�l�cc7 �'J t, r" `,�- 1t41141 0 04,rroffs Cris/ho vp? Ses-iL4Z ` �Ct' . itirl.r ljt Ae177 t5 .:0i 1� -A /7"1.5 : Ct lf,.! 1eSIi`r s:`r5 tt:.*�i Csum�� � i-�'tI �c.►;rrh cr �•S Sc::�[ [frcc7 sz; ty16/'e c rr" I ReviewerAnspector Name —:rr4.4r�rr, �� r I � Reviewer/Inspector Signature: Date: O� — i f__ I/6/99 © Division of Soil and Water Conservation -Operation Review ' Q Division of Soil and Rater Conservation •Compliance Inspection _ Division of Water Quality -Compliance In&pectlon ther Agency -Operation Review O Routine Q of DWQ inspection O rollmv-u of USt1`C vc0ew Q Other Facility" Number �~ -" �Z..Y mite of Inspeclion ' Time of Inspection ; D 24 hr. (hh:mm) Permitted Q Certified Q Conditionally Certified Q Registered ❑ Not Operational Date Last Op rated: Farm Name: S�f . ....... County: Owner Name: . _:.T.li? ... .». �,. 6 �...._._ ......... Phone Nn:. _.._ ................./ Q g7 Facility Contact: I� ct �f Q.. C r. Title.—-----.---.- ._._..... Phone No:....�jrS Mailing Address: „ �. � ...I�.�t1�_ �! �o.D _._... .» ... ...,��ir��t°.1r14.1 :��� ..l u.C_.. a3. nnsite Representative: c! . I.�1.1,�.���GA...r�:I» ritegratnr:..»»...�.irQ..l.{.....r�......................._......».» Certified Operator:- .—L,�» „.,.» „.»_... ,»+ti�I`—� Operator Certification Number:,,,,,„,„,„­,,»..,,,,,_,,,,�,,,. Location of Farm: Latitude Longitude �• �' �' Design Current Design Current Design Current Sine Capacity Population Poultry Capacity Population Cattle Capacity 'Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish Cj Non -Layer ❑ Non -Dairy Farrow to Wean ❑ Farrow to Feeder 113 Other ❑ Farrow to Finish I Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of Lagoons 1 7 1 JC] Suhsurfacc Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds I Solid Traps j I[] No Liquid Waste ,Management System Dischames Stream Impacts 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? ❑ Yes ❑ No Discharge originaied at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? h. If discharge is observed, did it reach: ❑ Surface Waters ❑ Waters of the State c. It discharge is observed. what is the estimated flow in gallmin? d. Dors discharge bypass a lagoon .ysicrn? 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts to the waters of the State other than from a discharge? Waste Colhction & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Identifier: Frechuard (inches): �_._!._.L �___..........»»..�.Y Structure 3 Structure 4 Structure S ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No x1yes [3No Structure 6 116199 Continued on bath Facility Number: #3 — ?— Date of trrspection 5. Are there any immediate threats to the integrity of any of the structures observed? (it/ trees, severe erosion. seepage, etc.) 16. Ate there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (if any of. questions 4.6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenancelimprovement? S. Does any pail of the waste management system other than waste structures require maintenancermprovement? 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? n Waste Aulication 10. Are there any buffers that need maintenancelimprovement? .. ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen ❑ Yes ❑ No 12. Crop type ....... .......'...:,»............................. »..» , » _.»....»»» ....__ ,...... » .»__ ..»...»............»..........»..» ..»».....».....,..».. »_._._ _.. _ 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. Does the facility lack wettable acreage for land application? (footprint) 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? 0 Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Renuired Records & Dorumcnts 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑.No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? fled WUP, checklists, design, maps, etc.) -$ ❑ No 19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports) `es ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (it:/ discharge. freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?eso 24. Does facility require a follow-up visit by same agency? 9—yes ❑ No h'o:f'irilatfons.•tir: derk;6d s :«'e' ee n'6fid dtirfnk :tliii i'isi't.; 7'ou i)l.ret±ei�'e nv further: e¢rr s t tide t=e'a.. ..t)rtis�'>isi(1,; Comments (refer to question #): Explain any VES answers anchor any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): wa.s le, W r� hetp,�_ f t rnge_d 4o,.- d;+ck� , 4Ja s -41V Ap.r W a S a-n. Vie w" • / �Ie r,a.`I� e I� a re ^zr v e. ice,. LC40S �-t� d,'-{r.f� w;-{�� �4fi I�va.�, �4`.'t 5`a�d � er S � � � c_ iT W a kt S V_ �� C-rn� CA j Raw s •a-+ CD eti � �ck. "_+ 0�f er t? � a(tow C-i e [d /�ta�lti. � cOALOJ are I II 1 W I e I eat- ao GA► I �e ,�Ol i^ � `�'`a�" � � `�" C ff '�-o �e I�'. / _ VJL Reviewer/Inspector annex 1�„_ Reviewer/Inspector Signature: r ,` k .5 00, Date: S " 7 1 I16M' © Division of Soil and Water Conservation •Operation Review 5 ^ ' ©Division of Soil and Water Conservation - Compliance Inspectlon ' Division of Water Quality - Compliance Inspection ' s Other Agency - Operation Review _ .. O Routine O com plaint 'l'olla%ti--i> > of l)N%' ins ection O Other _.,. Facility Num6er......_,....�......................,._...........-......�.... 1}:itv o!' Intipectiutl��`= ` Tints of Inspection L[-f ..71 124 hr. (hh:mm) Permitted E3 Certified 0 Conditionally Certified ❑ Registered O'Nnt O cratinnal Date Last Operated: FarmName: .....� ....... ..............._..................................................... Corinty:...... ikx-n.g............................................ OwnerName:..... ........6' J�.pt.. k.......................................................... Phone No:..........., .. :... T$�................................. FacilityContact: ....f.../-►� P1......��t1�..................... Title •................................................................ Phone No:............................................ - Mailing Address:...... ..11 .A...r`r............................................ . t.jxf..L1.►`5 ...�L..lI.L................ 3%�( Cfnsile Representative:..................rL.!��.6�............................. ...1�, ...... 1nteKrator:..........;-V---r- ILL....e...................................... Certified Operator: ...4,(� 1�1 ................. .....:.. � ., ...,. Operator Certification Number:......................................... Location of Farm: F_ _ .. -----. .... . Latitude Longitude Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer 10 Dairy ❑ Non -Layer 10 Non -Dairy ❑ Other Total Design Capacity 2 VO-V Total SSLW Number of Lagoons 10 Subsurface Drains Present ❑ Luenon Area ❑ Spray Field Area Holding Ponds 1 Solid Traps 10 No Liiluid Waste Management System Mm7haries 8 5trcant ImJ,lacts 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? ❑ Yes ' ko Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No h. If dkehargc is observed. did it reach: ❑ Surface Waters ❑ Waters of the State ❑ Yes ❑ No c. If discharge is observed. what is the estimlted flow in gal/min? d. Doe-, discharge bypass a lagoon system? ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes © No 3. Were there any adverse impacts to the waters of the State other than from A discharge? ❑ Yes ❑ No Waste Collection R Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure S Structure 6 Identifier: Frechoard (inches): .� /Y.....���.................w...............»..... �...�...... _. ................W............ 116199 Continued on back _.ity plumber: Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any.of questions 4.6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any pact of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required top of dike,.maximum and minimum liquid level elevation markings? n, Waste Application 10. Are there any buffers that need maintenance/itprovement? - ❑ Yes 4No ❑ Yes KNo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 11. Is there evidence of over application? ' ❑ Ponding [] Nitrogen ❑ Yes ❑ No 12. Crop type ...... t................................. ................................................................................................................................................. ..................I............ w 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14, Does the facility lack wettable acreage for land application? (footprint) 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a certified operator in responsible charge? 22, Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did ReviewerAnspector fail to discuss review/inspection with on -site representative? 24, Does facility require a follow-up visit by same agency? �[] Xn.vlalations'Or. deirkkt cies.sv:cre noted: cia.rin ttiis•i�ik4.', V-6ti NdII.receive par ftirtlier errsporjdence;at�otit'tis vigil: Comments (refer to question 4): 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): . ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No [I Yes ❑No ❑ Yes [:]No ❑ Yes [:]No ❑ Yes ❑ No ❑ Yes ❑ No b_,-t_'rved d,c4 wkre run-oT ex4red. 4�fpj rk% ,1�► /SG7T�7 a//a-n5 r�c.s�NC reJe .(ed no d;scd/ara�lah- cA-t.d no advi5N� �7r� uflcck a4 41' 5 4j,�, ` '),C4 [7 60Q.s � re m o u e bmrriors -prowc. r✓t' JO L 4 CL l e z 4;-r OlrQ i 1a e al Reviewer/Inspector Name Reviewer/Inspector Signature: [. Date: '-9��29 II/6/9S 13 Division of Soil and Water Conservation •Operation Review (,3 Division of Soil and Water Conservation - Compliance Inspection r Divislon of Water Quality - Compliance Inspection ~ Other Agency •Operation Review` , LQ Routine 0 Complaint Follow-up of I)Ny2 inspection 0 i'ollo-w-cep of I)S%N'C review- 0 Other � Facility Number '--�� _..,�.. Z __...._w.+~ Date of lrtspeclitsn 2- Time of Inspection 24 hr. (hh:mm) Permitted 13Ccrtirted r3Conditionally Certified D Registered 10 Not O crational Date Last Operated: Farm Name: ..... ..L........ le ..._......._.....„....»._..._...M» County: Owner Name:....�Y`t�..s?'�. ........._........F�.! 1...`..1.OS..�.....»........._......... Pl�une No: _........ z1�-..O��- ...............» ».. Facility Contact: ....., . .... .Title :.................................. ... ..... ».... . »... Phone No: „.» ......... ............... ......... » Mailing Address:..»..... .... t:?�t •S..IIQ...... 1:..................................„ ........ t.!4 ...11-.tr F. }.....N .......»...... .��' . Onsite Representative:.........................................._..................... Integrator: .........Ca_�r.eZ&......................I.................m Certified Operator:...., j,� (t S..»................. »„ �?...) Operator Certification Number: .... ....................... . Location of Farm: Latitude Longitude Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population Q Wean to Feeder ❑ Layer 10 Dairy ❑ Feeder to Finish ❑ Non -Layer I I[] Non -Dairy Farrow to Wean d ❑ Farrow to Feeder 113 Other ❑ Farrow to Finish Total Design Capacity y; ❑Gilts [IBoars Total SSLW Number of Lagoons ❑ 5tibwrface Drains Present ❑ Lagoon Area 10 Spray Field Area Holding Ponds / Solid Traps ❑ \u Licluid Waste Alvtagement System Dicchareec & Stream Im rac I. Is any discharge observed from any part of the operation (If yes, notify DWQ)? ❑ Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes No h• If discharge is observed. did it reach: ❑ Surface Waters ❑ Waters of the State ❑ Yes E�No c. If discharge is observed. What is the estimated flow iri gal/mint? d. Dncs discharge bypass a lagoon cysiem? ❑ Yes ( No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ONo 3. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes WINO Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? AYes- Structure 1 Structure 2 Structure .1 Structure 4 Structure S Structure 6 Identifier: // ��/ Frcehuard(inches): ..........1.. ....... .................. ....»..»............... . ._.».».......................... .......... ....... ...... W.».»._.._..._.......»._... .......... .. 1/6/49 Continued on back Facility Number: t13 — ? Z- Date of Inspection Z • ! - S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes No - seepage, etc.) b. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ©Yes gNo ' (If any of questions 4•6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No S. Does any pact of the waste management system other than waste structures require maintenance/improvetnent? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste A pplication .. r 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen ❑ Yes ❑ No 12. Crop type .. ................ .................. ......... .......•.......................... ............. ........................ ....................... ...... .... ............................... .................... .. .................. ............. 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. Does the facility lack wettable acreage for land application? (footprint) ❑ Y.ps ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required ltccords & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (it/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/discharge, freeboard problems, over application) ❑ Yes [I No 23, Did Reviewer/Inspector fail to discuss review/inspctaion with on -site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No �.1,10atioins'or. �e cienr t-s . vere rioted &-ing tliis'Visi1: 7`oti +ili.receive na further err sporide e;a1�otit;t [s E s t.;•:•:::::•:•........................... 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):, AA OL e aX 5-, e Vi f & � Sce t� /we, 40 ka e i uj4 s �' regt1.i re.a ��'(�r, y�' &)o_5 fia+. �S Pre- 5,Ara4d ehr_e Q-4n�U! J i4� r-k Tct', K_ dw "Ke to i 1ti + a Z —r 7 a-,d ✓ i o �^ t KC n•-l� 2' 11- j'1'�psT a-i t' �aqs �1 � l7ec+. ic�t.�e1led, �JroX�'n�a�fe �c� -:rev �cCti� re Yt.t_Giilti i J I Reviewer/Inspector Name Reviewer/Inspector Signature: Date: 2 -_t F — 79 1 11/6/99 . Animal Waste Management Plan Certification (Please type or print all information that does not require a signature) Existtna:' or `�Ne�cv ar. :.Extianded> '(ptease'c:'rcle General Informaffilri: Name of Farm•_ _ _ Bul.L Rok - +ARM Facility No: -_ Owner(s)Name: BRAD BuLLOCtc PhoneNo:.9lo .zis as7s Mailing Address: o . Box ;I 1 8 So'rn-* eu R NET • C. a a 4 Farm Location: Fourteen Digit Hydrologic Unit:_ Latitude and Longitude: TZ— I! L S._ Zo / 7BL Sz' a..� LW County: NWeMdM77— . Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): 7-,4�<-- 6!c 9 7 W;g r .ro" Lrc.c tmA rV A4 60 rA a4e&31 K n TXQWeL sovrr-i 4LO& x 440 M&Z . _T2eM GEer CEasr•� aK F";9en4 PArAl _ r4P A- EAST Ol eration Desciirld : Type of Swine No. of Aniotals Type of Poultry No. of Animals Type of Cattle No. of Animals 0 Wean to Feeder ❑ Layer 0 Dairy a Feeder to Finish 0 Pullets 0 Beef ZI1 arrow to Wean -Ft4 ❑ Farrow to Feeder D Farrow to Finish Other Type of Livestock: Number of Animals: Acreage Available for Application: 49 -+- Required Acreage: 49 Number of Lagoons / Storage Ponds :_L Total Capacity: 6497, 69 A Cubic Peet (ft3) Are subsurface drains present on the fans: YES' or (1�0) ' (please circle one) Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing, I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plant will be filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that any modification must be approved by a technical specialist and submitted to the Soil and Water Conservation District prior to implementation. A change in land ownership MgUires written notification to DEM w certification (if the approved plan is c nged) within 60 days of a title transfer. Name of Land OvMer • Signature: Date: Name of �Sanager(ifdifferent from owner): Signature: Date: AWC -- April 24, 1996 Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission rsuant to 15A NCAC 6F .0005, I certify that the animal waste management system for the farm rued above has an animal waste management plan that meets or exceeds standards and specifications the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the SDA-Natural Resources Conservation, Service (NRCS) and/or the North Carolina Soil and Water onservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The allowing elements are included in the plan a.s applicable. While each category designates a technical *ialist who may sign each certification (SD, SI, WUP, RC, I), the technical specialist should only errify parts for which they are technically competent. rI. Cemylcation of Design k) CoLigdon, Storage. Treg[M,t;llt System :heck the appropriate box ❑ Exisn�na facility without rcgmfU (5D or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization requirements. .. . cw ex anded o- rgqpfitted fqQjjjW.(SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have been designed. to meet,ot exceed the minimum standards and specifications. t; Name of Technical Specialist (Please Affiliadon: Address(Agency Signature: one No.: 9la-z9,-�cn B) Land Application Site (WUP) '''•r;rV'�D Fti ���,• The plan provides for minimum separaif6ftttuffers); adequate amount of land for waste utilization; chosen crop is suitable for waste management; hydraulic and nutrient Ioading rates. Name of Technical Specialist (Please Print): AOWAaZD L. 4*"a-A Affiliation: CP1A(Za C5 P:62-os, =Kc. Address(Agency): Pa. $ax Sat t,,cWA,9,sAw �t.r. ;zb34 g Phone No.:qjo ge 3 - 34agr Signature:-. 55L. ,._ Date:^ s 13a196 - C) Runff Controls from Exteriorl.ots Check the appropriate box CH' F_acility_without exterior lqla (SD or WUP or RC) This facility does not contain any exterior lots. ❑ F_acility Mth-exter}af lots (RC) Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by NRCS. Name of Technical Specialist (Please Print): lkwxON Affiliation: r-,%nRa ���oas, Address(Agency):_Po. hQh _ g� . IN69LP w , K C. gag 8__ Phone No.:91 o zq 3 - Signature: Date: 8 AWC -- April 24, 1996 2 1t 5 sr ATTACH mawr- " 0 the appropriate box Existing facility with existing waste a.pplicarion equipment (VV P or I) Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (existing application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applicadons has been established; required buffers can be maintained and calibration and adjustment guidance are contained as pan of the plan). ar Ni wor exexpanfacili or existing facility without existing waste application equipment (I) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at'rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). or Technical Specialist (Please Print): 44t>wA tb 1--oasar,4 ;Affiliation: CA4z'2att..'-S =roc . _..�-. + Address(Ageney): Pa. $ry-o- 1b54. f,dAQSAvA . N . C. --2 839 8 Phone No.: o - Signature: Date: 6'i j3G .,._. { III. Certification of Installation A) Collection. Storage. Treatment Tnstallation New, expanded -or retrofitted facility (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without relrofils, no certification is necessary. Name of Technical Specialist (Please Pri Affili Address(A AWC -- April 24, 1996 ,C fill' lffEttlS1�1 lone No.:gt4.- ?&a-tZt% ate: 12919-7 —_ �n� Annlication Site (WUP) sck the appropriate box 3 The cropping system is in place on all land as specified in the animal waste management plan. Conditional Approval: all required land as specified in the plan is cleared for planting; the cropping system as specified in the waste utilization plan has not been established and the owner has committed ,to establish the vegetation as specified in the plan by C L^ mi. C 97) s61,6/4� (month/day/year); the proposed cover crop is appropriate for compliance with the waste utilization plan. 0 Also check this box if appropriate cif the cropping system as specified in the plan can not be established on newly cleared land within 30 days of this certification, the owner has committed to establish an interim crop for erosion control; Loud wtv" her alm-A Q.e~d aF9t1 thot fa 6� Name of Technical Specialist (Please Print): 4oy.(Aa-o 4oebs am ,, _•„ Affiliation: Q6R� TZ alas ; Tic c. _ • .�. Address(Agency): PO 80r- SS&,, UJAML%W N • c . �Z 539 L Phone No. .793-34-34- Signature: n aiD�• Date:&ZiQ/QG , This following signature block is only to be used,when the box for conditional approval in IIL B above has been checked.' I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate to establish the interim crop for erosion control, and will submit to DEM a verification of completion from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner : Signature: /�-~•-^� �, .:-�:-- Date: Name of Manager(if different from owner): Signature: Date: r - Q Runoff Controls from Exterior -Lots (RC) N�A Faciliv witb Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation• Address(Agency): Phone No.: Signature: Date:_ AWC •. April 24, 1906 - 4 (WUP or 1) the 'appropriatt block © Animal waste application and,handling equipment specified in the plan is on site and ready for use; calibration and adjustment materials have been provided to the owners and are contained as part of the plan. LI Animal waste application and handling equipment specified in the plan has not been installed but the owner has proposed leasing or third party application and has provided a signed contract; equipment specified in the contract agrees with the requirements of the plan; required buffers can be maintained; calibration and adjustment guidance have been proyJded to the owners and are contained as part of the plan. 2 /Conditional approvalAnimal waste application and handling equipment specified in the plan has been purchased and will be on site and installed by Ck (month/day/year); there is adequate storage to hold the waste until the equipment is installed and until the waste can be land applied in accordance with the cropping system contained in the plan; and calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. me of Technical Specialist (Please Print)wan L. N-os,5oP4 ,ddress(Agency): Pb x ®s` WA c. I53 s Phone No.: Qt o 2-4 3 — 3-g-:; ignature• ej�� . _� Date: 9,/3a i 9 e- Ile following signature block is only to be used when the box for conditional approval'in III D above has been checked. f (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as,specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation from a Technical Specialist within 15 calendar days following the date specified I - in the conditional certification. I (we) realize that failure to submit this verification is a violation of the % waste management plan and will subject me (us) to an enforcement action from DEM. Same of Land Owner ✓'-a 1 110 G'� O er . _ jSignature: Date: IS'ame of Manager(if different from owner): Signature: Date: Please return the completed form to the Division of Environmental Management at the following address: Department or.Environment, Health, and Natural Resources Division Of Environmental Management Water Quality Section, Compliance Group P.O. Box 29535 Raleigh, NC 27626-OS35 Please also remember to submit a copy of this form along with the complete' Animal Waste management Plan to the local Soil and Water Conservation District Office and to keep a copy in Your files with your Animal Waste Management Plan. AWC -- April 24,1996 S Animal Waste Management Plan Certification AIJACHMEN A LHUMMI ni LITIR1714113 Name of Farm: 3 5 F:xgM Facility No: Owner(s) Name; t Phone No: Qm .21s c Bm Mailing Address: pa 8nx of bg , SnLfr mr-ati 9 HG.S 14 -C. Xu Bo __ H. Certification of Design D) Aulication and Handling Equipm nt Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applications has been established, required buffers can be maintained and calibration and adjustment guidance are contained as pan of the plan). Name of Technical Specialist (Please Print): 4wArzb 14$saK Affiliation:,C8fRaLc5 tsot>s ,- � ._._.,,..., - Address (Agency):,Pa i3c�-k &6,,jdAft3nyA. t4 - c • Phone No.:..4ro_ :24 3 - .!g-3 — Signature:_ l .�— _ _ Date: -8 1_0474 If the technical specialist chooses to use this Attachment to certify the design of a new or expanded facility; -or existing facility without existing waste application equipment, it must be attached to the completed Animal Waste Management Certification Form (AWC. April 24, 1996). The technical specialist must also write in the words "See Attachment" in Part II. D. of the Certification Form to notify the review agencies that the Attachment has been used. This Attachment will not be acceptable past the effective date of the new MRCS Technical Standards. AWC(A) -- May 3,1996 TECHNICAL SPECIALIST FOR ANIMAL WASTE MANAGEKENT'CERTIFICATION DESIGNATION CATEGORY CODE AREA OF AUTHORITY Collection, Storage, SD (design) - lagoons, storage ponds, dry stacks, storage structures, and/or Treatment S1 (installation) composters, pushoff ramps, curbing and other similar structures I Waste Utilization Plan KUP - design and installation (development and implementation) of land application plans including crop and acreages available to meet nutrient budget, hydraulic and nutrient loading rates, placement of application site buffers i - measurement of existing storage volume - confirmation of existence and compatibility of land application equipment with waste utilization plan - certification of cropping systems - confirmation of absence of exterior lots - confirmation of sludge and effluent removal and application at agronomic'rates for lagoon closure Runoff Controls RC - design and installation of filter strips, grass -channels, and related burps used to reduce runoff from exterior lots (primarily dairy operations) Irrigation Equipment I - design and installation of irrigation systems to include pipe size, pump horsepower, nozzle size, system layout, thrust blocks, etc, and operation plan to meet criteria of waste Utilization Plan (hours per set, etc.) Technical Specialists are designated by the Soil and Water Conservation Commianion pursuant to 15A NCAC GF-0005. Specialists ehoold only certify parts of a plate for which they are technically competent. Animal Waste Management Plan Certification ATTACHMENT A IQ On 1vMay 1, 1996 the Soil and Water Conservation Commission voted to delay the effective date of the new Natural Resources Conservation Services (NRCS) Technical Standards from June 1, 1996 until September 1, 1996. One of the main reasons for this decision was to allow addition time for the technical specialist to incorporate these new standards into projects that are currently being designed.' Another reason was the'need to allow time for additional technical specialist to receive designation from the Soil and' Water Conservation Commission as Irrigation Specialist. This delay allows a design to be certified under the current NRCS standards until September 1, 1996. Since Part 11. D. of the Animal Waste Management Plan Certification (Form AWC -- April 24, 1996) was based on the requirements of NRCS's new standards, it may not be appropriate for all new or expanded facility; or existing facility without existing waste application equipment. Therefore this Attachment has been developed for those cases when the level of design meets the requirements of the current standards but does not meet the level of detail that will be required by the new standards. While it is not a requirement, it is strongly encouraged that the design follow the new standards and be certified by a technical specialist with a designation as an Irrigation Specialist. In those cases, the certification in Part 11. D. would be appropriate and this attachment would not we used. This Attachment will not be acceptable past the effective date of the new NRCS Technical Standards. WASTE UTILIZATION PLAN ---------------------- name--:BRAD BULLOCK i l Address-: SOUTHERN PINES of production 'unit----: FAR -WEAN ber of animal units-----: 2400 county : HARNFV# EC e l V R pU�Llr1, e 0 pN OCT d 1997 pp of waste facility ----- :Anaerobic Lagoon storage period---: 180 days NOn-biseharme Nrmltu, 'Method of application -------- IRRIGATION )Lncunt of animal waste produced------------------: 14626 tons/year mount of plant available N produced by animals-: 12960 lbs./year commercial N to apply on planned acreage----------: 0 lbs. /year your animal waste utilization plan has been specifically developed for your swine operation. The plan is based on the soil types, crops to be grown, -and method of application for your particular operation. The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do. not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year., Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. wind conditions should also -be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. Page 2 he acres needed to apply the animal waste is based on typical utrient content for this type of facility. Annual acreage equirements may be more or less based on the waste analysis eport for your waste management facility. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code /Acre /Unit Used Apply 4630 1 STATE K N/A 50.00 12.0 600 S-APRIL 4630 1 STATE C 6.3 50.00 12.0 3780 MAR-OCT 4630 2 ALTAVISK N/A 50.00 10.0 500 S-APRIL 4630 1 ALTAVISC 6 50.00 10.0 3000 MAR-OCT 4630 2 ROANOKEK -N/A 50.00 27.0 1350 S-APRIL 4630 2 ROANOKED 120 1.25 27.0 4050 MAR -DULY Available Nitrogen Total 98.0 (includes commercial) Surplus Or Deficit Crop codes: Crop -unit A=Barley-bu. B=Bermudagrass(graze)-tons C=Bermudagrass(hay)-tons D=Corn(grain)-bu. E=Corn(silage)-tons F=Cotton-lbs. lint G=Fescue(graze)-tons H=Fescue(hay)-tons 13280 12960 -320 I=Oats-bu. J=Rye-bu. K=Small grain(graze)-acre L=Small grain(hay)-acre M=Sorghum(grain)-cwt. W=Wheat-bu. Y =Fescue (pasture) -tons Z=Bermudagrass (pasture) -tons Page 3 f more commercial fertilizer.'is used than shown in this plan, hen additional acres of land may be needed. A three to fifteen eet wide permanent -grass filter strip should be seeded along all itches in fields that receive animal waste. dditional comments: -.--=------------ Prepared by.:.. Title: Date: i Vncurred in by: Date: ® t30 Producer I understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. Date: - 3 D-Qb Producer Technical Specialist: _ Date: (Copy to producer and copy to case file) Nr 44A "a LIU IR 4 MAL" FAA 43 • —TO 1006O.D dk • Ulz UK I LLLL LILAt C 1 .6., of J= uu JAU z LUZ Lel LUL ur iAdL uu Up tj r A Im IM LbA LA 22. lip 'lJ7A "Alr LIU 4 LUL A S. im ur— .0 LLU Ull L S.LL ULL UAL LIM L"U LW LML im Im Un fr- 1W Lilt- Q IJ 1�m Lm ki CaMM pe UIL J FL • 1 tl CA Pr J, L IN. TO aoLl uu 37 LM lad Ila IL JIM- up LIuu U LLU J14 0-4 IF ILIZ k,' IA w ILLL I Ub I LLU MIA um 'S FOODS, INC. CARROLL WARSAW, NC 28398 UziIR Project: lul DraMng: un Location, Wmi Ap Engineer. JPJ Owner Ull WA j- IScale: I Z A4 ILTS [Erepared By:Wow.4eo 1.0 �� rr PL 1. �� � � / r�r - S © Division of Soil and Water Conservation •Operation Review'- 0 ivision of Sail and Water Conservation -Compliance Inspection = Division or Water Quality -'Compliance Inspection ' a r ❑ they Agency -Operation Review O Routine O Com laint Folloi�--u of l)1N'Q ins ection O Folln►r-u of Uti1VC review O Other Facility Number ' - Date ofinspection Time. of Inspection ,` 24 hr. (hh:mm) ❑ Permitted 0 Certified]r ❑ Conditionally Certified © Registered ❑ Not O crational Date Last Op rated: FarmName: .1..1.. l l.. 4r4��. ..........................................County: .... 17.��-. ........................... OirnerNume:...., Q„Q[.. ..... /..r......................................... Phone No: ...... ....�.�d....r..................................... (rl'�..i..!.C>Gf�..................Title:... Lc�ln;.�.�......................... Phone No:................................................... Facility Contact: _1� ...... Mailing Address: ...... 1.......1�.......Zf.�....................................................... ....�f1�.pr�4.....L.f.!PS. f...l.V........ OnsiteRepresentative:....................................................................................................... Integrator: ............. �q!rr�..�.l..f�....................................... Certified Operator:,,,4.W(;A .......................... ..J. LT�r. �...........I.............. Operator Certification Number:.......................................... Location of Farm: Lntitude Longitude Design Current Swine Capacity Population Wean to Feeder Feeder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish Gilts Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑Non -Dairy ❑ Other Total Design Capacity t�8 Total SSLW Number of Lagoons ❑ Subsurface Drains Present 110 Lagoon Area ❑ Spray Fidd Area Holding Ponds / Solid Traps ❑ No Liquid ]Waste Management System Discharges & Stream Im. farts I. Is any discharge observed from any part of the operation (If yes, notify DWQ)? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? h. if discharge is observed. did it reach: ❑ Surface Waters ❑ Waters of the State c. It',discharge is observed, what is the estimated flow in gal/tnin? d. Does discharge bypass a lagoon system? 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts to the waters of the. State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Identifier: Freeboard (inches):...........�r..................... Structure 2 Structure 3 Structure 4 Structure 5 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No [,�Ycs ❑ No Structure fs 1 /6199 Continued on back �_ acility Number: 3 — 3Z 'Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, Yes ❑ No f seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or - closure plan? ❑ Yes ❑ No (If any, of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No B. Does any pact of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? ❑ Yes kNo Wwgte Application 10. Are there any buffers that need maintenance/improvement? Yes ❑ No 11. Is there evidence of over application? Ponding ❑ Nitrogen ❑ Yes ❑ No 12. Crop type............................................................................................................................................................................................................................................. 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. Does the facility lack wettable acreage for land application? (footprint) ❑ yes ❑ No 15. Does the receiving crop need improvement? Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes C(No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) Cl Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? discharge, freeboard Oyes ❑ No (ie/ problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 24, Does facility require a follow-up visit by same agency? 9Yes ❑ No h�o.vialations or. �efciencies .w.ere tio.ted d6rin"this•visit:. W6 �01'r"eive"Nrtiiei-. ebrr�sptiridei�ce.' about• t]Ttis vis4t: Comments (refer to question Ii): 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): ::7�rr,7zL4'0`- �le,`,.rJ fer.5;rmej a„ -Sa r-ac-j -'e d. wtsle �o� /�paz,a�e�1K /"7 & Ojfa.ce4 '� (i�,,,,-Ceid Q15a. V Jit 3 "ell-Peeboard 4.11 jyk A-0 00� "cOA' ` O tjo_ ter rernw-� Y S rt 7exx41 a cJe u vje ceder, Fve AjaaKf `r ttj p;j5 we re- ok5erVeer oa'h� r\r r ►t apr... jyj Reviewer/Inspector Name Reviewer/Inspector Signature: Date: - Z%w 116199 au�atr aamrzr ec tA a•x r } Gp 'Rsasfssr , � I.W»1at 6Oax=PAGE '96 OCT 11 PSI 3 37 DRAFrMdAN: PHILLtPS & PM13P5, Attorneys at Law, $enansville,GAY�MM NORTHSC O;ft FECIVETI OF DEEDS HARNETT COUNTY. NO HARNM COUNTY F THIS DMD. made and entered into this the 23rd day of September, 19%, by and between RAY #3. WOM$LE and wilt, SARA M WOMBLE,, and ROBEItT D. WOMBLl3 and wife, W oB. WOMBL�F, all of Barnett 7sCounty, North Qrollon. parties of the first part, to THREE B FARMS, INC, a corporation arganked and existing under and by virtue of the laws of the State 176 t Vl:ows AM SotdAt u Pi,v►s NG .13617 of North Carolina, party of the second pert; WITNESSE 1-L that said parties of the first part, for and in the consideration of the sum of Tea Dollars and other good and valuable consideration to their in band paid, the receipt of which is hereby acimowledgod, have bargained and sold and by these presents do grant, bargain sell and canq unto the said party of the second part; its sacce=ors and assigns, all that certain tract or parcel of land in Lillington and Upper Ludo River Townships, Harnett County, North Carolina, and bounded and described as fellows: Lyingand beimgin Lillington and UpperlMe River Townships, Aamett County, and being bounded on the North by the lands of Robbie McNeal, J. A. Dalrymple, John Max Womble, ~� J. A. Seater and NCSR No. 1131; bounded an the East by the Sands of General Utility; bounded on the South by the Run of Upper Little River and the property of J. 0. Layton Estate and Pie Jackson; bounded on the West by the lands of H. T. Smith, Jr. and Lionel McDonald, and being mole particularly drscrrbod as fallow= BEING all that certain 29117 ears as art forth, shows, Pad depicted upon that certain map entitled, "Srurey For Ray H. Womble & Robert D. Womble, dated March 18,1995, as prepared by Bennett Surveys, Inc, and as duly recorded in Plat Book F, Slide 415C, as on file with the Register of Deeds of Harnett County, incorporated berein by reference. And being the leads conveyed by Deed dated January 2, 1981, from J. Max Womble etals to Robert D. Womble and Ray IL Womble, as recorded in Boost 717, Page 63S, of the Harnett County Registry, and by Deed o£ Correction dated October 24,1983, from L Max Womble etals to Robert D. Womble and Ray It Womble, as recorded in Book 776, Page 7.09, of the Hargett County Registry. Reference is further had to the last Will and Testament of J. B. Womble in File No. 78 B-234 as on f le with the Cleric of Superior Court of Harnett County, ire aforesaid 29L27 ages being a combination of two tracts_ First Tract designated as Tract No. 2 containing 265 acres by Deed dated January 26,1937, from the Greensboro Joint Stock Land Bank to J. E Womble, as recorded in Book 259, Page 518, of the Harnett County Registry; the Second Tract being the )andr designated in Deed dated March 3, 1967, from Wachavis Bank & Trost Company, as Trustee under the Will of Joel G. Layton to J. E. Womble, as recardcd in Book 495, Page 51, of the Harnett County Retry. Reference is further had to the Last Will and Testament of Joel G. Layton in Will Hook 7, Page 461, as an We with the Cleric of Superior Court of Harnett County, incorporated bereia by refacoaa It being understood, stipulated and agrood that no tabaceo e]lotzenVjxx adage sba3l be transferred under this Option at: closing tram the parties at the first part to the party of tha sutnnd part, all td*coo allolmnts are to be rertainW r7 •par tes of &he f =t;,pnrt and trio .party ar tbo meormd -pat a3ha11 such iier:essary dwi=enta at the xmc Office to releaan such interest in acid tobacco anotment/pouratage. Hn. IIDunmr TAX i o r • S atr. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances th=to belonging to the acid patty of the saaoud part, its aucowwm and wzigns, to Its only use and beh oof forever. And the said parties of the first park for themselves and their heirs, eaocaton and l administrators, covenant with said party of the second part, its succemors and assips, that they are r seized of said premises in fee and have a right to convey in fee simple; that the same are free and clear from all encumbraaee ; and that they do berAf foreverwarrant and will forever defend fie said title to the same against the claims of all persons whomsoever. IN TiSIxMONY WREMOF, the said parties of the first part have bereunm set their hands and affixed their seals the day and year first above written and the word "Seal" appearing after the name of the grantors hereinafter is bereby adopted as their seal. NORTH CAROLINA HARNLITT COUNTY I, a Notary Public of Harnett County, Nortb Carolina, do bereby certify that RAY 8 WOMSL.E and wife, SA" T. WOMBLE, petsonally appeared before me this day aad acknowledged the due erecutiou of the foregoing DE® for the purposes therein expressed. Wslnesr my hand and notarial seal this 56r day of—[Th-�nQC,, 199& My commission *spires: L =Q X-99 {rr"b a} Notary Public 706 NORTH CAROLINA l a Notary Public of Harnett County, North Carolina, do hereby cartilj► that ROBERT D. WOMBLE and wife, WILMA & WOMBLE, personally appeared before me"day and aclmowledged the due execudon of the foregoing DEED for the purposes therein expressrA Witness my hand and uotarW seal this _1:0- day of r�tmr _.1996. My a=miszkm cxpk= St-^ac.- ,71c foregaing'acr 6cates of _ rcoorded bd'verificd, this _4— day of __U the Boole and Page sbowu on the first page GAYLE P. HOLDER Register of Deeds blThreoB.96Mcmble deg Notary Public certified to be corf6ct. This in ent duly .1%6, at 3Xo'clock m, in t D" Asst Register of Deeds ompfcfr oar FPMA NkUm w LEA i t 707 i - --. avw f R1w OP Robbie MCNA-ill , /A- D.B..��D.E. 937, Pg. 136 �kwak Mal-vin spi%- •,•�rk.bad P.C. 1, Pg. 86 `•t° A. Hogue 7t S 7'941� +rS ha. P9. 01, N r!°oe'VE. ao y 40 ra*ar'oeE. -or,n7 Lionel McDonald --".-702 , Pg. 444 gR •55?0 HID P. C. C, Slide 5 �1 �Z , IV w tvw h N h err Irr Es* f l[ x fi ` , » slorrplp� N ii o Roes a errtlq. \\\\ [Calf In E. T. Smith, Jr. y�b D. BL 665, Pg. 689 �f, a Ell �A D . Oti t Z Esw r-oven Msr••-� orw+Pe0w NORTH cAROLIna, raRNErr COUNTY r 1, Mickey R. Bennett, certify that thiv plat was drown under try superrisim r3 T3 s9 from (an actira(sumW rpr supervision) (deed description recorded inook BS EE , .we P"t Ifon CENTER Pogo MAP , stC, l (tkher), Nwnl MM ratio of precision e+s calculated 4r Ltitude S rJo er 87 y� and departures is 1 / 10 000 , Mat the bouwdories nor surwW are *A m os brill an Saw pkned km 4•►fio awtix Found in Boalt �� � pope �i AW WE Effie wlQ C k S a 17 +d or pw was prepared in aocnrdance with G S-47-JO as omendd, wihw8v mW or#- sot wynatrn, rp�iralion nunwber ar�d seal M'ss 1.9�_ day of April ► D. B. 408, Pg. 604 a.a., 19-9,�—• P.C. 2, Slide 342 !/ fa+&ft J. G. Layton Estate L - 1514 yb M. B. 9, Pg. 110 A 8 B 1, MlCksy R Donnell, hereby Certify that the survey is of an exietijAff et or parcels of land. VI - 'NORTH CAROLINA, HA RNETT COUNTY 1, o Notary Public of tM Cotnty ord Slate oftae aid oar ft frail hkkey R Bennett, a reg,slered lard as•reyor, pw*mWly tgearod before me this dc•and ocojxW*dged My execution of the lbreong inetranent witness n7 hard and of- fioid! clamp ar sear; Mir-, day d f�,R ri(, .. l9 9 S seal - ' � �.wrso► .� � r Notary Pu as L E G C* ND 0- 4 — tines Surveyed 01 k Pr P nq Comr»vion e�rpi� es pri f 12, 1999 tees Not Stirveyd * EIP - - - - - - Existing Iron Poe iConfrol Corner) ECM---- ExishrV Concrete Marrwnent p�$ 1C NIP----- MW iron Pipe �� pxN __- _ P K bail ELS------ Existing LWftaod stake NIF- - - - - Now or Farw4* klOftTH INA, RIW--- — Right-af.Vft �ARKETr - couN'rY The Ibrsgoilg Cw*& k of lNichells B. Eg nis ,may POW, aiiosrfifled b oar d lbr ionprrdsd Slide `f;�rn�s l9 (5 of B �� _415&R er OfOrrdr y ofDesdarRMCor*d In Fbt Cob..,- ,.,de r Mwoon 'Fast nr VICINITY Sl rE arc s� tro MAP O �John max raw �E Womble �'sos3 /D.B577,1:0.221 rip H rT°3Y'-Y3 3s3 � f`r 4 ti Lspa J. A. Dalrymple` D. B. 251, P g. 24 6 e.*, 2 91. 27 fcm b Slor.rfpr A creS D. B. T 171 Pg fi 5 3 D,.-R.. 49.5,.._.pg.-.111"il ,.- M B. 9, Pg. 110 B gilt �T<F RIVER . 1 •' - - AnQr�r joatm uwtb: as 62T, Pq. 336 ti t pSOPIS, Y ,ow f 15 TOWNSHIP,LILLINGTON and UPPER L. TTLE I J. G. Layton Esta to M. B. 9, Pit. Il0 COUNTY.;,HA RNE,TT- ... ; STATE, NORTH CAROLINA ©ATE l March 18, 1995 ZOfi1E, NOT ZONED TAX PARCEL ID 0, 10-0539-0050 C4 r. kw p� Iw..lure J. A. Senter D.B. 573, Pg. 221 lHarridte Ray Ion On D.Fat 612, P T 122 EL. $ al. General Utility D. B. 5 66, Pg. 15 5 ` SURVEY FOR R A Y �1Y:.. , ONI BL �' 61 RO BERT D. WO MBL E B EN E T T SUR YEYS, WC. Rx4,-Boxj34;-Lillington, X0. 27546 910-893- 5252 SURVEYED BY- R.V. 8. FlEL.D 9(-XlC 1995 0 23 SCALE, l u ■ 2 00' DRAWN BY ` M. G E. D AWING NO CHEICKE'D bl CLOSURE BY s M. R. B. 95.02 5 053ST3261 T State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Thad Bullock 475 Burning Tree Road Pinehurst, NC 28374 Dear Mr, Bullock: 1 � • F4CDENR NORTH CAROLINA DEPARTMENT'OP ENVIRONMENT AND NATURAL RESOURCES November 9, 2000 NOV 13 2000 REG. Qi~t RE: Civil Penalty Remission File No. PC 99-006 Three B Farms, Inc. Bull Run Farm Thanks for your call yesterday. I understand that you did in fact request remission of this penalty when it was issued and the paperwork was evidently lost. Please accept my apologies for the inconvenience this has caused. I have enclosed a copy of the original civil penalty document that we discussed. If you wish to request remission of the penalty, please sib the attached waiver form and return it to me as soon as possible. Please be aware that signing the waiver form forecloses the option of an administrative hearing. In your remission request, please include any additional information that is important (such as a signed statement that the freeboard marker at Bull Run Farm was inaccurate by 'Y' number of inches) and address any of the five factors in paragraph ? on page two of the cover letter that you think are relevant. Dote that the first of the five factors in the cover letter refers to the eight factors that start at the bottom of the third page of the "Findings and Decision"' document. Afailing Address; Telephone (9I9) 733-3083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier ll52-01-01 An Equal Opportunity /rl firnfarive Diction Employer 509b rec-•cledl 10% post -consumer paper hnp: //h20. en r. sra re. n c. its Location. 512 N. Salisbury St. Raleigh, NC 27699-1617 If you can get your request in before December 0, the Director of the Division of Water Quality (DWQ) will consider it at the meeting scheduled for that day. You may want to send it via certified mail so that you have a record that it was received. Send it to Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 Again I apologize for this inconvenience and hope that we can resolve this situation as soon as possible. Please feel free to call me at (919) 733-5083 ext. 539. Sincerely, �C� P'404' Steve Lewis cc: aul R-7v1 FR0 Regional Office John Hasty, FRO File PC 99-006 Central Files State of North Carolina Department of Environment and Natural Resources . Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 22, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Thad Bullock Three B Farms, Inc. t 170 E. Illinois Avenue Southern Pines, NC 28387 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES SUBJECT: Dear Mr. Bullock: 4, DENR-FRO juL 6 L%9 l DWO Assessment of Civil Penalties for Violation of Permit No. AWS430032 and N.C.G.S 143-215.1 Harnett County Facility # 43-32 File No. PC 99-006 This letter transmits notice of a civil penalty assessed against Three B Farms, Inc. in the amount of $3,030.06 including $1,030.06 in investigative costs: Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. 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 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: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P.Q. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715.6048 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 this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 tf • 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: Dan McLawhom Office of General Counsel NCDEHNR 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 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 Mr. Shannon Langley at (919) 733-5083, extension 581 or Mr. Steve Lewis at (919) 733-5083, extension 539. Sincerely, Kerr T. Stevens U iffftwo MlC�l�l I cc: Re`gionaLSupervisor_w/ attachments Compliance/Enforcement File wI attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF , IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from receipt of the notice of assessment. This the day of , 19— SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF HARNETT IN THE MATTER OF THREE B FARMS, INC. FOR VIOLATIONS OF CONDITIONS OF ANIMAL WASTE PERMIT AWS430032 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No, PC 99-006 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Three B Farms, Inc. is a corporation organized and existing under the laws of the State of North Carolina. B. Three B Farms, Inc. owns and operates Bull Run Farm, a swine operation near SR 1131 in Harnett County. C. Bull Run Farm was issued Animal Waste Permit No. AWS430032 on December 30, 1997 with an expiration date of December 31, 2001. D. Condition No. I. 2. of the "Performance Standards" of the issued permit states that "The Certified Animal Waste Management Plan (CAWMP) is hereby incorporated by reference into this general permit.... Any violation of the Certified Animal Waste Management Plan (CAWMP) shall be considered a violation of this general permit and subject to enforcement action...." E. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the issued permit states that "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: ... e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit." F. Condition No. V. 3. of the "General Conditions" of the issued permit states that "The maximum waste level in lagoon/storage pond shall not exceed that specified in the CAWMP." G. The CAWMP specifies that the minimum freeboard level in the lagoon shall not be less than 18.6 inches. H.' Staff of the Fayetteville Regional Office inspected BuII Run Farm on January 28, 1999. The freeboard level in the lagoon was determined to be eleven (11) inches. L The Fayetteville Region Office had not been notified by Three B Farms, Inc. that they had failed to maintain storage capacity in the lagoon greater than or equal to the level specified in Animal Waste Permit No. AWS430032. J. The costs to the State of the enforcement procedures in this matter totaled $1,030.06. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Three B Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Animal Waste Permit No. AWS430032 is required by G.S. 143-215.1. C. Three B Farms, Inc. violated Condition No. M. 6.e of the "Monitoring and Reporting Requirements" of Animal Waste Permit No. AWS430032 by failing to "report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit". D. Three B Farms, Inc. violated Condition No. V. 3. of the "General Conditions" of Animal Waste Permit No. AWS430032 by failing to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in the CAWMP. E. Three B Farms, Inc. may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed Three B Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Three B Farms, In6. is hereby assessed a civil penalty of: $ \ �,O o o for violating Condition No. M. 6.e of the "Monitoring and Reporting Requirements" of Animal Waste Permit No. AWS430032 by failing to notify the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of the General Permit $ oo for violating Condition V. 3. of the "General Conditions" of Animal Waste Permit No. AWS430032 by failing to maintain storage capacity in a- lagoon/sforage pond greater than or equal to that required in Condition V (3) of this General Permit $ o TOTAL CIVIL PENALTY, which is \0 percent of the maximum penalty authorized by G.S. 143-215.6A. $ 1,030.06 Enforcement costs $ 3,,03o ..a(e TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to 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. - NZ- °« (Date) Kerr T. Stevens, Director Division of Water Quality