630013_CORRESPONDENCE_20171231

CORRESPONDENCE
2
NOFTM CAROL NA t
DwRt of 101111"Nftl

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
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 17, 2000
R.W. Pennington
1214 Borden Rd
Robbins NC 27325
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
R.W. Pennington Farm
Facility Number 63-13
Moore County
Dear R.W. Pennington;
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop -an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface Area (Acres) Rankin
1 0.05 Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
225 Green Street, Suite 714, Fayetteviile, North Carolina 28301 Telephone [phone] Fax [phone]
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Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate .current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
deternuned to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops. Any major modifications made to the dike walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be taken as removing from you the responsibility and liability for
any pastor future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Fayetteville Regional Office at [phone].
Sincerely,
Paul Rawls
Water Quality Regional Supervisor
cc: Moore County Soil and Water Conservation District Office
Facility File
i

Facility Number 63 —. 13 Lagoon Number Q1,...,.... Lagoon Identifier I.rjadjve..IjaQO(?.r..Q.1........................
w V*
O Active Inactive
Waste Last Added - ; -.4........................................
Determined by: ❑ Owner ❑ Estimated
Surface Area (acres): p ..........
Embankment Height (feet): 4,.5...........................
Latitude 35 26 15
Longitude 79 31 09
By GPS or Map? ® GPS ❑ Map
GPS file number: S031519B -7
Distance to Stream: O <250 feet # 250 feet - 1000 feet O >1000 feet
By measurement or Map? ® Field Measurement ❑ Map
Down gradient well within 250 feet? O Yes *No
Intervening Stream? OQ Yes O No
Distance to WS or H©W (miles): O < 5 O 5 - 10 0 > 10
Overtopping from Outside Waters? O Yes* No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 3-15-2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
O Lagoon Liquid Clear
0 Lagoon Empty Freeboard (inches):
embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
O Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage OO Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
O No Drainage Area or Diversions Well Maintained
liner status Oi High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
O No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
pplication equipment fall to make contact
and/or Sprayfield O Yes (0 No O Unknown with representative O Yes OQ No
unavailable
comments The owner said that the dam was breached by him in 1995 and at the time of this
inspection there is no evidence (visual) that there is anything left in the impounded
area to remove. There is a small area that has water (3") standing within structure
(size about 1 Oft by 20 ft). He has 5 hogs on pasture that use this wetted area as a
Mi Irl Wa111-ItiA1

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Conservalt on YY `
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Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit Routine O Complaint O Follow up O Emergency Notification Q Other ❑ Denied Access
E--r, acility Number 63 13
[3 Permitted [3 Certified 13 Conditionally Certified ® Registered Date of Visit 3-is-zoatr
0 Not Operational 013elow Threshold Date Last Operated or Above Threshold:-��-Q4,,,,,,.,,.
Farm Name: R,.......enn1uS1uU.FarM............................................................................. County: Maore ..................................
Owner Name: R,.W........................................... peuta,i[1 0ja................................................ Phone No: 9.4-35.64 .............................
Facility Contact: RM..ket1. duglon..........................................Title:!;?.RI=................. ............................... Phone No:.............
Mailing Address: 1214.13.rderx.tid......................................... .. Robbim—KC ...............................
FRU
.11.1.1. 273Z5...
Onsite Representative•..............................................Integrator:................................................................................
Location of Farm:
nrden .lid,..(R.14&.7.?..Qxt.�e�sk �ide..d�a�n. uxax�tte.s�s ixtr.apt.raxl�oa�d.G.rassi�ttg............................................................................................................
® Swine_' ❑ Poultry' ❑ Cattle ' [ Horse
Design Current Design: Current; Design Current..,
.Swine • Capacity 'Population Poultry Ca act'Poulation Cattle.:' Ca ac[t1'a'ulation
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
® Farrow to Finish
39
0
❑ Gilts
❑ Boars
❑ Layer ❑ Dairy
❑ Non -Layer I I JEI Non -Dairy
❑ Other I- `
Total�Design Capacity:..' 39'
Total SSLW_ F 55,263
J',C
ber of
NumLagoons ,Holding Ponds / 5o1idrTraps
Discharges & Stream Innipacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. II'discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. 1f discharge is observed, what is the estimated flow in gallmin?
2. is there evidence of past discharge from any part of the operation?
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Waste Collection & Treatment
Please see attached Lagoon Field Data Sheets
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
IN Yes ❑ No
❑ Yes ❑ No
'pfir r•r"r-p ,,.�.,,.,.� '..� s. a . --a '� m-, ••,.rr,,+�-�� q""-.•'�..","" .. a ��Y Y. -
W aft
ReVlewerllnspectorName �Cyerly.lWry._. nr� i��+}�awfR �5, "� a, rs�;'. ��3.. 4%� ?. .,•" _,, i 4 �R4d�,.ut`.+;i
Reviewer/Inspector Signature: Date:
Printed on: 5/12/2000

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
R.W. Pennington
R.W. Pennington Farm
1214 Borden Rd
Robbins NC 27325
SUBJECT: Operator In Charge Designation
Facility: R.W. Pennington Farm
Facility ID#: 63-13
Moore County
Dear Mr. Pennington:
'7t4a .
1DEHNR
r
NOV 0 1996
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any'questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026.
Sincerely,
A. res on Howard, Jr., erector
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.C. Box 27687, W
Raleigh, North Carolina 27611-7687 Nvf An Equal OpportunitYlAffirmative Action Employer
Voice 919-715-4100 _ _ .. _ 50% recycled/ 10°k post -consumer paper

State of North Carolina
Department`bf Environment,
Health and Natural Resources ala
Fayetteville Regional Office
James B. Hunt, Governor p E H N R
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 30, 1996
iAA4-4 - '" . -F ce.Q).-, .4 1
Mr. Richard W. Pennington
1214 Borden Road
Robbins, North Carolina 27325
SUBJECT: Notice of Recommendation for
Enforcement
Animal Feedlot Inspection
R.W. Pennington Swine Farm
near Robbins, Moore County
Facility No. 63-13
Dear Mr. Pennington:
After making numerous unsuccessful attempts to contact you, staff members
from the Fayetteville Regional Office revisited your farm on April 24, 1996
and inspected the animal waste handling facilities at your confined animal
feeding operation. A copy of the inspection report from that visit is
enclosed. As this report indicates, the dam at the waste storage lagoon is
breached. Although there was not a discharge of animal waste occurring at the
time of the visit, it appears obvious that such a discharge would take place
with any rainfall event or at any time the confinement barns are cleaned.
As a registered facility, you have been deemed permitted to have a
nondischarge permit for an animal waste disposal system pursuant to 15A NCAC
2H .0217. However, due to the breach in the lagoon dam and the obvious
potential for waste discharge, your facility is found to be in violation of
its 2H .0217 Permit.
This office has made a recommendation to the Director of the Division of
Environmental Management to proceed to revoke your permit unless the following
conditions are completed:
1. Eliminate the immediate potential for discharge by repairing the darn
on the storage lagoon.
2. Make any additional modifications necessary to ensure there will be no
Wachovla Building, Suite 714, Fayetteville ��EAX 910-486-0707
North Carolina 28301-5043 NIft4p C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 100/6 post -consumer paper

Mr.. Richard W. Pennington
May 30, 1996
Page 2.
future discharges. We recommend that you contact the Moore County Agricultural
Extension Service or Natural Resources Conservation Service for information on
the needed modifications.
If you have any explanation for this violation that you wish to present,
please respond in writing to me within 10 days following receipt of this
notice. Your explanation will be reviewed and if an enforcement action is
still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration.
Please be advised that this action does not prevent the Division 'of
Environmental Management from taking enforcement actions for this violation or
any past or future violations.
If you have any questions concerning this matter, please do not hesitate
to contact either Mr. Michael Wicker, Water Quality Regional'Supervisor,
Ken Averitte, or Ed Buchan. They can be reached at the Fayetteville Regional
Office, telephone [phone]. You may also contact Mr. Shannon Langley in
the Raleigh can office at [phone], Ext.581.
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Ms. Ruth Kirby, Moore County Soil and Water Conservation District
Mr. Chris Walling, Soil and Water Conservation, Regional Engineer, FRO_
Mr. Gerald Dorsett, Regional Coordinator,'NC DSWC
Mr. Michael Wicker, Regional Supervisor, FRO

Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
R_ Date:
Farm Name:
Owner Name:
On Site Representative
Mailing Address: /.
Physical
n
County:.c_-T
,.,Phone No _ 4O
A)1.4.
If •. I - -,. ��
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• Latitude:�� a � _ 1 Z4 Lon 'tude:
Operation Description: (based on design characteristics)
Type of swine No. of Animals Type of Poultry No. of Animals Type of Carrk No. of Animals
❑ Sow G Layer O Dairy
O Notary O Non -Layer O Beef
ilkfeeder
OtherType of Livestock Number of Animals:
Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
Facility Inspection:
Lagoon
Is lagoon(s) freeboard less than lfoot + 25 year 24 hour storm storage?: Yes ❑ No ❑
Is seepage observed from the lagoon?: .G �gakt/ "A G Yes ❑ No ❑
Is erosion observed?: O tWit6014) Yes 0- No C]
Is any discharge observed? Alor 4r riAr pF vlolr Yes ❑ NoQ--.
O Man-made ❑ Nor Man -roads
Cover Crop
Does the facility need more acreage for spraying?: 4- 0 Yes ❑ No 0
Does the cover crop need improvement?: ® Yes ❑ . No ❑
{ liar the crops which need improvement)
Crop type: Acreage:
Setback 0*erfa
Is a dwelling located within 200 feet of waste application? Yes ❑ -No'6,
Is a well located within 100 feet of waste applimdon? Yes ❑ tNo IZ�­
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes 0 No
.Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ Now .
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AOI — ruettary 17AM

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Does the facility maintenance need improvement? ® Yes No ❑
b there evidence of past discharge from any part of the operation? C-C Yes — NOD
Does record keeping need improvement? df) Yes 4— No D
Did the facility fail to have a copy of the Animal Waste Management Plan on site? v1A Yes D No D
Explain any Yes
cc Facility Auemileas Uni, Use A:?nu
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■Print your name and address on the reverse of this form so
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3. Article Addressed ta:
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MR RICHARD W PENNINGTON
4b. Service Typer
Certified
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1214 BORDEN ROAD
❑ Registered
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ROBBINS NC 27325
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7. Date of D8livery
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
R.W. Pennington
R.W. Pennington Farm
1214 Borden Rd
Robbins NC 27325
Dear R.W. Pennington:
August 29, 1997 5 E P 0 5 1991
FAYE-17EVILLE
REG. OFFICE
Subject: Removal of Registration
Facility Number 63-13
Moore County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $ 10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultr with a liquid wastes tem 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
4V,
cc: Fayetteville Water Quality Regional Office
Moore Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
R.W. Pennington
R.W. Pennington Farm
1214 Borden Rd
Robbins NC 27325
Dear Mr. Pennington:
i • �
April 3, 1997 IDE�M HIFD
APR071997
Y-TTEVILL2
REG. +OFFJCE
SUBJECT: Notice of Violation
Designation of Operator in Charge
. u R.W. Pennington Farm
'Facility Number 63--13
Moore County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions • concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, 1N%*f04 FAX [phone]
Raleigh, North Carolina 27626-0535 C . An Equal Opportunity/Afflrmotive Action Employer
Telephone [phone]% recycles/10% post -consumer paper

State of North Carolina 17 W
Department ref Environment,
Health and Natural Resources LT_?;TA
Division of Water Quality
James B. Hunt, Jr., Governor EL
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ocober 17, 2-996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. RICHARD W. PENNINGTON
1214 BORDER ROAD
ROBBINS, NC 27325
Subject: Notice_,of Violation # 96-046
Notice of Intent to Revoke Deemed Permit
Pennington Swine Farm
Farm Number 63-013
Moore County
Dear Mr. Pennington:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H .0217 Permit.
On November 20, 1995 and April 23,.1996 staff from the Fayetteville Regional Office conducted
an inspection at your farm. During the inspection on November 20, you reportedly explained that
the confinement houses were hosed down periodically with washwater draining into a small
holding basin. You also indicated that this basin, which you had built by constructing a dam
across a natural drain, had once included a riser/spillway pipe which allowed the discharge of
excess wastewater while holding back solids and sediment. As you pointed out, heavy rainfall in
the past had overflowed the dam and created a breach which allowed the contents of the basin to
discharge. This breach had not been repaired. A re -inspection of the facility on April 23, 1996
revealed that the;breach in the waste holding lagoon had not been repaired nor had an alternative
storage basin been constnicted. Evidence of prior drainage through the breached lagoon was noted
flowing overland into an unnamed tributary to Buffalo Creek.
In accordance with the requirements of NCAC 2H,02I 3, you are hereby given notice that sixty
(60) days following your receipt of this letter, the Division of Water Quality intends to revoke your
permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2... Make any modifications needed to ensure there will be no future discharges.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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3 . Submit an approved animal waste management plan and have the attached certification form
completed. One copy of the plan must be sent to your local Soil and Water Conservation
District. The certification form and two (2) copies of your plan must be returned to the address
below:
Division of Water Quality
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation
without a permit as required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you will collect, store, treat and
land apply your animal waste in an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, you
should contact your local agricultural agencies such as the Soil and Water Conservation District,
the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension
Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water
Conservation Commission.
If we have not received the requested animal waste management plan and certification within 60
days of receipt of this letter or if there are additional discharges to the surface water a civil penalty
of up to $10,000 may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropriate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Michael
Wicker, Water Quality Regional Supervisor for our Fayetteville Regional Office at [phone]
or Mr. Shannon Langley at [phone], ext. 581.
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ATTACHMENTS
cc: Michael Wicker, P.E., Regional Water Quality Supervisor
Gerald Dorsett- Regional Coordinator, NC DSWC, Winston-Salem
Ruth Kirby - Moore County Soil and Water Conservation District
Chris Walling, NCDSWC, Fayetteville Regional Office
Compliance/Enforcement File
Donna Moffitt - Division of Soil and Water

Animal Waste Management Plan Certification
(Please type or print all information that does not require a signature)
x,
Existing. nor, ,New , or, Expanded . N(please;cirdCone� r� �w , a �� � r '
--- --
General Information:
Name of Farm: _ Facility No:
Owner(s) Name: Phone No:
Mailing Address:
Farm Location: Fourteen Digit Hydrologic Unit:
Latitude and Longitude: / County:
Please attach'a copy of a county road map with location identified and describe below (Be specific: road
names, directions, milepost, etc.):
Operation j2g*grjjjtion:
Type of Swine No. of Animals
❑ Wean to Feeder
O Feeder to Finish
O Farrow to Wean
0 Farrow to Feeder
❑ Farrow to Finish,
Type of Poultry • No. of Animals Type of Cattle
❑ Layer O Dairy
Pullcis ❑ Beef
No. of Animals
Other Type of Livestock: Number of Animals:
s�,�¢A #T:'!`^ y., isza�a �Gr hr1 a�z�'sxx e k :'�'�urY d`7`r�g�",rP # r�'" %i �.:,h'r"
IYlldtltg Ql!llYOtlOn �e Q�j)t '€.�f,s,t�> ,
x r-7 a 4, .y,
t ;.
Previous Design Capacrtys Additronal Desrgn Caprtiy a
g' ' • 1 A3 ,.4b *r as �, *$' A f+¢ %:I i.. ,h �
Total DesignCapacity:� .�� �4 Wyk
�.
Exrating and Expanding; Operation .Only £ �A " axe; ,'k:i �r y
�� <,.
<Regtstrattan Date ,k ` `' (Date on which farm applied formtstzation) ,
Acreage Available for Application: Required Acreage:
Number of Lagoons / Storage Ponds : Total Capacity: Cubic Feet (ft3)
Are subsurface drains present on the farm: YES or NO (please circle one)
Owner 1 Manager Agreement
1(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. 1 (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 plan 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
requires written notification to DEM or a new certification (if the approved plan is changed) within 60 days of a title transfer.
Name of Land Owner:
Signature: Date:
Name of Manager(if different from owner):
Signature: Date:
AWC -- April 24, 1996 1

Technical Specialist Certification {
L As a technical specialist designated by the North Carolina Soil and Water Conservation Commission
pursuant to 15A NCAC 6F .0005, I certify that the animal waste management system for the farm
named above has an animal waste management plan that meets or exceeds standards and specifications '
of the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the
USDA -Natural Resources Conservation Service (NRCS) and/or the North Carolina Soil and Water
Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The
following elements are included in the plan as applicable. While each category designates a technical
specialist who may sign each certification (SD, SI, WUP, RC, I), the technical specialist should only
certify parts for which they are technically competent.
IL Certification of Design
A) Collection, Storage, Treatment System
Check the appropriate box
❑ Existing facility without retrofit (SD or WUP)
Storage volume is adequate for operation capacity; storage capability consistent with
waste utilization requirements.
❑ New, expanded or retrofitted facility (SD)
Animal waste storage and treatment structures, such as but not limited to collection systems,
lagoons and ponds, have been designed to meet or exceed the minimum standards and
specifications.
Name of Technical Specialist (Please Print):
Affiliation: i
Address(Agency): Phone No.:
Signature: Date:
i
B) Land ARplication Site (WUP) j
The plan provides for minimum separations (buffers); adequate amount of land for waste
utilization;'chosen crop is suitable for waste management; hydraulic and nutrient loadinirates.
Name of Technical Specialist (Please Print):
Affiliation:
Address(Agency): Phone No.:
Signature: Date:
C) Runoff Controls from EXterior Lots
Check the appropriate box
❑ Facility without exterior lots (SD or WUP or RC)
This facility does not contain any exterior lots.
❑ Facility with exterior 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):
Affiliation:
Address(Agency): Phone No.:
Signature: Date:
AWC -- April 24, 199b

D) Application and Handling Equipment
Check the appropriate box
❑ Existing facility with existing waste application e ui e (WUP 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 applications has been established; required
buffers can be maintained and calibration and adjustment guidance are contained as part of the
plan).
❑ New or exnaar dgd facility: 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).
Name of Technical Specialist (Please Print):
Affiliation:
Address(Agency): Phone No.:
Signature: Date:
III. Certification of Installation .
A) Collection, Storage.Treatment Installation
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 retrofits, no certification is necessary.
Name of Technical Specialist (Please Print):
Affiliation:
Address(Agency): Phone No.:
Signature:.. _ _ -Date:
A'4WC -- April 24, 1996 3

B) Land Application Site (WUP)
Check the appropriate box
❑ 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
(month/day/year); the proposed cover crop is appropriate for compliance with the waste
utilization plan.
❑ Also check- this box if appropriate
if 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; '
Name of Technical Specialist (Please Print):
Affiliation:
Address (Agency): Phone No.:
Signature: Date:
This following signature block is only to be used when the box for conditional approval in III. 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:
C) Runoff Controls from xterior Lots (RC)
Facility with exterior lots
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 24,1996

D} Application and Handling Equipment Installgtion (WUP or I)
Check the appropriate 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.
❑ 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
provided to the owners and are contained as part of the plan.
❑ Conditional approval: Animal waste application and handling equipment specified in the
plan has been purchased and will be on site and installed by
(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.
Name of Technical Specialist (Please Print):
Affiliation:
Address(Agency): Phone No.:
Signature: Date:
The following signature block is only to be used when the box for conditional approval in III D
above'has been checked.
I (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
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:
Please return the completed form to the Division of Environmental Management at the following
address:
Department of Environment, Health, and Natural Resources
Division Of Environmental Management
Water Quality Section, Compliance Group
P.O. Box 29535
Raleigh, NC 27626-0535
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

TECHNICAL SPECIALIST FOR ANIMAL WASTE MANAGEMENT CERTIFICATION
DESIGNATION CATEGORY
CODE
AREA OF AUTHORITY
Collection, Storage,
SD (design)
- lagoons, storage ponds, dry stacks, storage structures,
and/or Treatment
SI (installation)
composters, pushoff ramps, curbing and other similar
structures
Waste Utilization Plan
WUP
- design and installation (development and
implementation) of land application plans
including crop aad acreages available to meet nutrient
budget, hydrauli^ and nutrient loading rates, placement
of application site buffers
- 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 bmps 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,
I
etc.)
Technical Specialists are designated by the Soil and Water Conservation Commission pursuant to 15A NCAC GF.0005.
Technical Specialists should only certify parts of a plan for which they are technically competent.
"O.. • . .1

State of North Carolina
Departs# -of Environment,
Health and Natural -Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
[DP.HNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 30, 1996
Mr. Richard W. Pennington
1214 Borden Road
Robbins, North Carolina 27325
SUBJECT: Notice of Recommendation for
Enforcement
Animal Feedlot Inspection
R.W. Pennington Swine Farm
near Robbins, Moore County
Facility No. 63-13
Dear Mr. Penningtons
After making numerous unsuccessful attempts to contact you, staff members
from the Fayetteville Regional Office revisited your farm on April 24, 1996
and inspected the animal waste handling facilities at your confined animal
feeding operation. A copy of the inspection report from that visit is
enclosed. As this report indicates, the dam at the waste storage lagoon is
breached. Although there was not a discharge of animal waste occurring at the
time of the visit, it appears obvious that such a discharge would take place
with any rainfall event or at any time the confinement barns are cleaned.
As a registered facility, you have been deemed permitted to have a
nondischarge permit for an animal waste disposal system pursuant to 15A NCAC
2H .0217. However, due to the breach in the lagoon dam and the obvious
potential for waste discharge, your facility is found to be in violation of
its 2H .0217 Permit.
This office has made.a recommendation to the Director of the Division of
Environmental Management to proceed to revoke your permit unless the following
conditions are completed:
1. Eliminate the immediate potential for discharge by repairing the dam
on the storage lagoon.
2. Make any additional modifications necessary to ensure there will be no
Wachovia Building, Suite 714, Fayetteville O N%W
FAX [phone]
North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

N
a Complete itsms't�andror 2 for additional aervlces "W v 1 also wish to receive the i
m "Complete items 3, 4a, and 4b. following services (for an
03
card iA ■ Print your name and address on the reverse of this form so that we can return this extra fBe):
o you.
> ■Attach this form to the front of the mailpiece, or on the back It space does not 1. ❑ Addressee's Address
permlt,
i m •Writs'Retum Recelpr Requested'on the mallpiece below the article number. 2. ❑ Restricted Delivery
r+The Return Receipt will show to whom the article as delivere and the date
delivered. Consult postmaster for Nfee. N
3. Article Addressed to: J� ��n �,�1 4a, Arta u berIC
�►' nm 'E�
1;/ �u r "' T S, I i,„} 4b. Service Type ,
�y` ❑ Registered IZA9f 0d as
❑Express Mail ❑Insured.
ku
1t V °s
❑ Retum Receipt for Merchandise ❑ COD
Q_ 7. Date of Delivery
cc
5. Received y: (Print Name) B. Addressee's Address (Only if requested
and lee is paid)
g 6. Signature: (Addressee or Agent)
Domestic Return Receipt
1 �--- — - - - - - - — — +1

4
I
7fQ `may v v8� o
Mr. Richard W. Pennington
May 30, 1996
Page 2
future discharges. We recommend that you contact the Moore County Agricultural
Extension Service or Natural Resources Conservation Service for information on
the needed modifications.
If you have any explanation for this violation that you wish to present,
please respond in writing to me within 10 days following receipt of this
notice. Your explanation will be reviewed and if an enforcement action is
still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration.
Please be advised that this action does not prevent the Division of
Environmental Management from taking enforcement actions for this violation or
any past or future violations.
If you have any questions concerning this matter, please do not hesitate
to contact either Mr. Michael Wicker, Water Quality Regional Supervisor,
Ken Averitte, or Ed Buchan. They can be reached at the Fayetteville Regional
Office, telephone [phone]. You may also contact Mr. Shannon Langley in
the Raleigh Central Office at [phone], Ext.581.
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTS/KA/ka
attachment
cc: Facility Assessment
Ms. Ruth Kirby, Moore County Soil and Water Conservation District
Mr. Chris Walling, Boil and Water Conservation, Regional Engineer, FRO
Mr. Gerald Dorsett, Regional Coordinator, NC DSWC
r Mr. Michael Wicker, Regional Supervisor, FRO

�.A.
FJL
ay
Division,o[Environmental Management
Anlmai Feedlot Operations Site Visitation Renard
Date:
rum: e : /
Farm Name:i County:
Owner Nam : a _ !J- ,Phone-NoL4V g 6T'
On Site Representative: - - _ jntegator. AJls3
Wing Address: tZ/�
Physical
Latitude:_,_! / LS Lon 'tude: 7 9 1LI / Z
Qptraton Description; (based on design chametarisdcs)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cauk No. of Muir
a sow a Layer a Dairy
a Navery a Nan -Layer a Beef
Odur7ype of Livestock Number of Animals:
Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
Facility Inspection:
Lagoon
_
Is lagoon(s) freeboard less than 1 Moot + 25 year 24 hour, storm storage?:
Yes 0
No C]
Is seepage observed from the. lagoon?: VA,:K/ j *z44g�
Yes O
No 0
Is erosion observed?: O tVliro4
Yes 8-
NOD
Is any discharge observed? Alar AT reove pp- r,,olr
Yes C]
NOW,
0 Man-made 0 Not Manmade
Cover Crop
Does the facility need more acreage for spraying?: - - p
Yes 0
Noi]
Does the cover crop need improvement?: -44z�- a
Yes ❑ .
No U
(list the craps which rued LVrovownt)
Ckop type: Acreage:
Setback PiUrk
Is a dwelling located within 200 feat of waste application? Yes O Nold.,
Is a well located within 100 feet of waste applic adon7 Yes C] Nos —
Is animal waste stockpiled within 100 feet of USGS Blue Lime Stream? Yes C2 No
'Is animal waste land applied of spray irrigated within 25 feet of Blue Line Stream? Yes ❑ Now
AOI Januarf 17,1996

"I f"I"U i MMe
Does the facility maintenance need improvement? w. � �� Yes No Cl
• fs them evidence of past discharge from any part of the operation? CC Yes Z— No 0
Does record keeping need inTrovement? LC Yes 0- No 4
Did the facility fail to have a copy of the Animal Waste Management Plan on she? v,4 Yes 0 No Cl
Explain any Yes answers (�t egdg& Atu&s&
4+��Ii •� :•�:•e � ... - • rr.r,,,r..,r.�wr. �.••i•_r •7.. •aa. .f L' A�rr�r1l �iF1�1IY t'Awra V.:, rr w"��•. ..
' i�{i.• 1.• r\. •!Y •'r«��. nit•'" •.�••r,•r 'w •�r•� 1�11 w:. •1..� �.� j !+r��w.... .. wr. ..
AOI — Yanuae717,19%

Maintenance
Does the facility maintenance need improvement? Ye�No 0
Is there evidence of past discharge from any part of the operation? Yes No a
Does record keeping need improvement? Yes ❑ No ❑
Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes U No U
Explain any Yes answers: — —•
Signature: _ Tl �r� - Date:
ce. Facility Assessment Unit Use Attachments if Needed
Drawings -orb eevgt
• �0.5�� �!'drVt C••ovt'x +ti^4�v►"� ll__ ( } 1
F-
L4 j' r i
-TW x �R'�G(n ��. d d t'f a G4-
S {••r•��,,,?� �r.�e.4c . NO �t}�e�� c�'sc.�..o.r�. uw.s Qre. �' ��
t.JU-g �� c..,r� s �.c�s c �u.!`�,�-- t h. '�'�O" � o� s f " d�•..•..� a r� a. �`� �� %w�
_ . .-z .ryn{y n•�• ��rrn az •.r•,.. :n'.:a-- .[LR' Mfrz'Y,�1.f4f't<c.�rr•w.+++:a r4a:. n'-w"�t-__. •' •
' ._s _.1 -.. . �. w ... .. • _ �4r _�. • •t .e `y,,,r V. waMM� .-. r.-�
Mr..•.z.:.�:.zrn :_s�,..•T- .. ram..'! r�(:i r�:.a.�y ..t.�.r«...�.,.rl..�.. r.+,,... .....
AOI — January 17,1996

Facility Number._jj,-L-J --A,
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Dater116
Time: Lt-00 nn.
Farm Name: R. 4-0 Fan., County: Mgore-,
Owner Name: R i' c,6, - l f "v f *e%ft%o n „Phone No: 9 4+ 8 - 3S5 ,, j
On Site Representative: Integrator:
MailingAddress: [J H� R s r-AA"_
Physical Address/Location:
Latitude: _J.�.�.- j Longitude: ! /
Operation_ Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow O Layer O Dairy
❑ Nursery O Ndn-Layer ❑ Beef
O Feeder
OtherType of Livestock ' l oe !i- .s Number of Animals: a4 - -'-�
Ntimbe' of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
nci]ity Insoectiartr
Lagoon
Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: Yes ❑ No ❑
Is seepage observed from the lagoon?: g Yes ❑ No
Is erosion observed?: `.�xt �`` `- Yes ❑ No U
Is any discharge observed? Yes ❑ No 0
❑ Man-made ❑ Not Man-made
Cover Crop
Does the facility need more acreage for sprayin, g?: s Yes O WE]
Does the cover crop need improvement?:�` f" try Yes 0 . No ❑
( list the crops which need improvement)
Crop type:3-4- Acreage:,
Setback' Criteria
Is a dwelling located within 200 feet of waste application?
Is a well located within 100 feet of waste application?
Is animal waste stock
piled.within 100 feet of USGS Blue Line Stream?
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream?
Yes U. -N&R.
..Yes U .,No)M
Yes'bQ No
Yes U W8Z- .-
AOI January 17,1996

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 26301
CONTACT PERSON: Mr. Ed Buchan
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. #1 Ditch - ID #96WE42208
2. Discharge - ID #96WE42209
3. Upstream - ID #96WU42210
4. Downstream - ID #96WD42211
NC #11
NC #37714
USDA #3787
WASTES
CERT #16483
DATE RSC'D: 04/23/96• SAMPLED: 04/23/96
SAMPLED BY: E. Buchan
DELIVERED BY: E. Buchan
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Pennington Farm/Moore Co.
DATA REVIEWED BY:
DATE REPORTED: 05/02/96
ANALYSIS METHOD 1 2 3 4
BOD (mg/L)
COD (mg/L)
COLIFORM, FECAL (per 100 ml)
COMMENTS:
< = Less than
> - Greater than
EPA
405.1
285
83 1.5 1.55
EPA
410.4
2080
1100
SMM16
909C
34000
50000 270 290
MAY
ENV, MANAGEMENT
FiAYETTEVILLE REG. OFFICE'
PAGE 1 OF 1
The date and other Information contained on this, and other accompanying documents, represent only the samples) analyzed and is MEMBER
rendered upon the condition that It Is not to be reproduced wholly or in part for advertising or other purposes without written approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

CERTIFICATE OF ANALYSIS
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE HAYNE STREET NC #3?714
FAYETTEVILLE, 14C 28303 USDA #3787
(910) 864--1920 / [phone] (FAX.)
AIR • ' FUEL • , WATER • . FOOD • WASTES
CERT. #]1 483
CLIENT: NC DEM
DATE REsC'D: 04/23/96 SAMPLED:
04/23/96
ADDRESS: Wachovia Building, Suite 714
SAMPLED BY: E. Buchan
Fayetteville, NC 28301
DELIVERED BY: E. Buchan
COI3TACT PERSON: ._ Mr., : Ed .Buchan. _ _ :... -..
SAMPLE; E WW, ..Stream;:. drab.
w
ACCOUNT NUMBER: #KN003
REFERENCE: Pennington Farw/Moore Co.
SAMPLE ID: 1. #1 Ditch - ID #96WE42208
i
2. Discharge - ITS #i96WE42209
3. Upstream - .ID #96WT.142210
DATA REVIEWED BY:-
4. Downstream - ID #96WD42211.
DATE REPORTED: 05/02/96
..ANALYSIS, METHOD
1 .2 .' 3
4
}{}}t*+*}+}++***+*+++*
++i}+ar}9F-4+}r4}+i+Jr k+4k}*4 * •k***}k*}*}k-A-*}
SOD (mg/L) EPA 405.1
285 83 1.5
1.55
�
t
COD (mg/L) '"EPA 410.4
2080 1.100
COLIFORM, FECAL, (per 100 ml) •.SM16 909C
34000 50000 270
290
COMMENTS: C -- Less than I
> m Greater than
PAGE i
OF 1
The date and other Information contelned on this, and other socompanying documents, represent only the sample(s) analyzed end Is
rendered upon the condition that it is not to be reproduced wholly or In pert for advertising or other purposes without written approval
MEMBER
from the laboratory.
-
:er
USDA-EPA-NIOSH Testing Food Sanitation Consulting
Chemical and Microbiological Analyses and Research

14:42 FROM
MICHAAL F. EASLEY
ATE ORNFY t;ENERAL
TO
M�
�5 f.
State of North (.a rol ina
Department 0! Justice
P. O. BOX �jU
RAs_EIGH
Phone;
Fay►:
EHNR FAYETTEVIL R.01
ENV. MANAGEMENT-
FAYETTEVILLE REG. OFFICE--
[phone]
[phone]
[phone]
IE1..E o�'_IER TRAL sMIJ TAIL SHEET
TO; —i..—_sr
FAX NUMBER:
F
FROM: v Le L
DATE:
NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET):
CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE:
.50
COMMENTS:
_"F k e- ,,j4- -f-c.J
4
w
An Equal Opportunity / Affirmative Action Employer

I
{
Tr
I
-- - --
OFFICE
OF THE ATTORNEY GENERAL
DATE
4/18/96
TRANSMITTAL SLIP
M Ed BuChaII
R1C:
RAF. NO, OF ROOM, SLDG.
RROM;
R6P. NO. OR ROOM, IILDd.
- Ayke Larlgest
ACTION
❑ NOTE AND FILE ❑ PER OUR CONVERSATION
❑ NOTE AND RETURN TO ME j] PER YOUR REQUEST
❑ RETURN WITH MORE'OETAILS © FOR YOUR APPROVAL
❑ NOTE AND LEE ME ABOUT THIS ❑ FOR YOUR INFORMATION
❑ PLEASE ANSWER ❑ FOR YOUR COMMENT/
[] PREPARE REPLY FOR MY SIGNATURE ❑ SIGNATURE
❑ TAKE APPROPRIATE ACTION ❑ INVESTIGATE AND REPORT
COMMEN76i
APR xg
ENV, MANAGEMENT
FAYETTEVILLE REG. OFFICE

APR-17-1996 14:42 FROrl
TO EHNR FAYETTEVIL P.02
STAT9 OF NORTH CAROLINA AFFIDAVIT TO OBTAIN
In The General Court Of Justice ADMINISTRATIVE INSPECTION
MUORE County. I WARRANT FOR
PERIODIC INSPECTION
�•.ED,Ai CHAN. AIER_411AT_7Ty INSPECTOR 'FAYETTFUJI T REC 10NAi OFFTry, being
• (wrfaa yocArneme end pos�'tion) .
duty sworn and examinined under oath, state under oath that there is a program of inspection authorized by
N.C.G.S.514.3-215.3(a)(2), Water an-d Air. Resour.cps
(don* statute ar murarion autfto xv inspecrfon)
which naturally includes the property owned or possessed by Richard W. 'Pennington
(name owner ar passewur)
and described astollows: Swine Farm located
off S.R. 1487 (Borden Road) on east side, down private Dr. at RR crossing
r
(pmo4ely daudbe the property to be lnspeatedl
The program of inspection referred to covers the area. f h a r.�—
fncAnte rows, county, or portion thereof, or other speoft territory coveW by tnepe0on program)
and is being conducted for the purpose of checking or revealing the following;
to investigate the condition of any waters and _the di_schar.ge�therei.n of.
(stars cnnadna, 04wis, actrwities, or circumstances cowered by inspocdan pr2rarn)� . � . .. ...
any sewnee, industrial waste or other waste
This inspection program is a legal function of Water Quality DEM-,. C
(name agency)
and is under the supervision of, Steve Tedder, Water Quality Section Chief
(rdanefy pomm ffiVombte jbf inspaaan vroQr4m)
5rgnaturs Of applicant
I SWORN AND SUBSCRIBED TO BEFORE ME
I p AWamnt csc ❑ aswry csc 0W* Of540 w coon
Cotut rudQe settler ceurr Judge_
IMPORTANT: Attach the Affidavit to the WARRANT X net an reverse atdec
AOC-CR-914M
Aev. 7= (RWirtted i193) (Over)

APR-17-1996 14:43 FROM
r
TO EHNR FAYETTEVIL P.03
STATE OF. NORTH CAROLINA
In The General Court Of Justice
ADMINISTRATIVE INSPECTION
WARRANT FOR
_ County
PERIODIC INSPECTION
G.S. 15-27,,
TO ANY LAWFUL OFFICIAL EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT:
The applicant named on the accompanying affidavit, being duly sworn, has stated to me that the property described in
that affidavit is to be inspected as part of a legally authorized program of inspection which naturally includes that
property. I have examined this applicant under oath or affirmation and have thereby verified the accuracy of the matters
in the aV!davft establishing the legal grounds for this Warrant. THEREFORE, YOU ARE HEREBY COMMANDED TO
INSPECT THE PROPERTY DESCRIBED IN THE ACCOMPANYING AFFIDAVIT.
This inspection is authorized to check or reveal the conditions, objects, activities, or circumstances indicated in the
accompanying affidavit as a purpose of the inspection program.
This Warrant must be served upon the owner or possessor of the property described in the accompanying affidavit. It
the owner or possessor is not present on the property at the time of inspection and you have made reasonable but
unsuccessful efforts to locate the owner or possessor, you may instead serve it by affixing this Warrant or a copy to the
property.
THIS WARRANT MAY BE EXECUTED ONLY BETWEEN THE HOURS OF 8.00 A.M, AND 8:00 P.M. AND ONLY WITHIN
24 HOURS AFTER IT WAS ISSUED. IT MUST BE RETURNED WITHIN 48 HOURS AFTER IT WAS ISSUED.
(late Issued rime Issued
❑AM []PM
Signature
A,q=' knt CSC Deputy CSC �ferk Of superfor Court
PCJMg&ate n Superfar Court Judge �] District Courf Judge
, r:• ;'*i!; ,.�: •..'� w k'", .sd�: 'r"w :y(. 1 ^�M Mw !rk E—M:
,rT..a.�yy OFFICERS RETURN ": �< �, w �
I certify that this WARRANT was executed on the date and time shown below.
f]atn of 9x8amon
ftrtature Of Inspecting DfNciaf
.
7 ease (1't Ex19[.�doA
❑ AM 0 PM
%(a.cp �1 ..
y> Naa1.y"`"p, 'k ':iM;M k I'4F N,ui1:Yy i1y.
EPTANCE
This WARRANT has been returned to this office on the date and time shown below.
c'3ats Of Return
Signature
7lrno 00 Rotum
[]AM ❑ PM
Aaaiatant CSC Deputy CSC ❑ Cierk Of Supe►iorCourt
IMPORTANT: Atrach the Affidavit to the Warrant 9 not on reverse side. '
AC-CR-914K Side Two
Rev. 705 tRaorint•d 1 ) s •
.4;:
1.
C

TO EHNR FAYETTEVIL P.04
APR-17-1996 14:43 FROM
'STATE OF NORTH CAROLINA
In The General Court Of Justice
County
AFFIDAVIT TO OBTAIN
ADMINISTRATIVE INSPECTION
WARRANT FOR PARTICULAR
CONDITION OR ACTIVITY
I. ._., . - - - - - - -.� ._ ��— . being
(wrlle your narm and pasihen)
duly swam and examinined under oath, state under oath that there Is probable cause for believing that there is
(describe oondit m object acfiviry, or circumstance which the search is intended to check or reveal.)
at the property owned or possessed by
and described as follows:
(prarlsaly describe the property to be inspeoW.)
The facts which establish probable cause to believe this are-.
Signawre Of Applicant
SWORN AND SUBSCRIBED TO BEFORE ME
Dare
Signature
I HAssistant
CSC ❑ Deputy CSC [] Clerk Of Suparler Court
Magistrate+ - .. ❑ Superior Court Judge t9akict Court Judge _
IMPORTANT: Attach the Aftldavit to the WARRANT if not on reverse side.
Aoc-mg i SM ,.
Rev, 7185 (Reprinted IM3) (Over)

APR-17-1995 14:44 FROM
TO EHNR FAYETTEUIL P.05
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
ADMINISTRATIVE INSPECTION
WARRANT FOR PARTICULAR
CONDITION OR ACTIVITY
G.S. 15-27.2
TO ANY LAWFUL OFFICIAL EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT:
The applicant named on the accompanying affidavit, being duly sworn, has stated to me that there is a condition, object,
activity, or circumstance legally justifying an inspection of the property described in that affidavit. I have examined this
applicant under oath or affirmation and have verified the accuracy of the matters in the affidavit establishing the legal
grounds for this Warrant, YOU ARE HEREBY COMMANDED TO INSPECT THE PROPERTY DESCRIBED IN THE
ACCOMPANYING AFFIDAVIT.
This inspection is authorized to check or reveal the conditions, objects, activities, or circumstances indicated in the
accompanying affidavit.
This Warrant must be served upon the owner or possessor of the property described in the accompanying affidavit. If
the owner or possessor is not present on the property at the time of inspection and you have made reasonable but
unsucce sful efforts to locate the owner or possessor, you may instead serve it by affixing this Warrant or a copy to the
Property.
THIS WARRANT MAY BE EXECUTED ONLY BETWEEN THE HOURS OF 8:00 A.M. AND 8:00 P.M. AND ONLY WITHIN
24 HOURS AFTER IT WAS ISSUED. IT MUST BE RETURNED WITHIN 48 HOURS AFTER IT WAS ISSUED.
HOWEVER, IF THIS WARRANT IS ISSUED PURSUANT TO A FIRE INVESTIGATION AUTHORIZED BY G.S. 69•1, IT
MAY BE EXECUTED AT ANY TIME WITHIN 48 HOURS AFrE-R IT IS ISSUED. IT MUST BE RETURNED WITHOUT
UNNECESSARY DELAY AFTER ITS EXECUTION OR AFTER 48 HOURS FROM THE TIME IT WAS ISSUED IF IT WAS
NOT EXECUTED.
AsS10mi CSC
I certify that this WARRANT was executed on the date and time shown below.
�o of FrPcuhbn S q ature Of bwoo
1: no O
AM ❑ PM
r
[JAM ❑PM -
p„ty csc --- ❑ Clerk of Superior court
,Aipeilor C:ouri Judge ❑ Dishict court Judge
This WARRANT has been returned to this office on the date and time shown below.
CV Return F signature
irrrB Of Ruturrr
— --
❑ AM ❑ PM I ❑ Assistant CSC ❑ Deputy CSG ❑ Ckwk Of S+rperiar court
IMPORTANT. Attach the Affidavit to the Warrant It not our reverse side.
A C-OP6913M, Side Two
Rev. 7/95 (Asodmwd 1M)