630013_ENFORCEMENT_20171231

ENFORCEMENT
NUH I H UAHULINA
Department of Environmental Qual

M FOR
AM
MIS FORM Simi li.n 1-v compt.m,n) TO BF RFMOVFD FROM THE
DATA BASr.
_request to he removed from tlrc animal
M ncr nIrncj facility H
operations database becmrse:
( check one of the frllowhip_ )
1. 1 am nui of htrsittess and no longer have lily animals nil site.
_ 2. The nttnnc�r artinialS nil illy far,n :rye less than.,
� Sfl anfntals 100 sows F:rr•rov to Wean
_ 250 :rnlmais 63 som Farrow to realer -
250 animals 25 sows Farrow to Finish
IOf) confined cattle
75 iror•ses
1,111111 slIevp
10,000 lmtrltry (iritlr a lignid tiwarste system)
3. Other:
CA-�
Orwner's Sit; n. hire
Please mail the cnmpleled form to
Atfn: Suc ilomewood
NUDFiINR
I)ivision of Miter Q111lity
"Iller Qualit), Section, Compliance Group
P.O. 1* 29535
Raleigh, NC 27626-0535
1111ve ►flied rl,it the r,t,r,rbrt ref anirmts nit sire is hHow lhr fhreshnId arut is eligible to he irmnved FmIli
the database. ) r
rl+r i r+gi+lccr 1
"aryl %Purer r'ntwrtrafirtrt

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:
April 3, 1997 IDE�m HIFD
APR 071997
REG. OFFICIt
SUBJECT: Notice of Violation
Designation of Operator in Charge
:t; �•.r �� 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,
A4*1 1) 0J, 4�
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, �� FAX [phone]
Raleigh, North Carollna 27626-0.535 Y*C An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. RICHARD W. PENNINGTON
1214 BORDER ROAD
ROBBINS, NC 27325
A74•0
rt!
Ocober 17, 1-996 OCI 24 1996
Subject: Notice of Violation # 96-046
Notice of Intent to Revoke Deemed Permit
Pennington Swine Farm
Faun Number 63-013
Moore County
_._ - Dear Mr.: Pennington: . --..-
ENV, MANAGEMENT'
WETIEVILLE REG OFFICE
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 faim. 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 constructed. 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,0213, 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

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 Qonservation 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.
Z
,
n How , P.E.
ATTACHMENTS
cc: fN &lEe—1 Wicker,-R.E.,-Regioual Water_Quality-Supervisor-1
GeraldDorsett- 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

State of North Cprolinr,
Department of Environment,
Health and Natural Resources 1 •
Fayetteville Regional Office 1V
OM
James B. Hunt, Jr., Governor p [EHNF;Z
Jonathan B. Howes, Secretary
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. 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 dam
on the storage lagoon.
2. Make any additional modifications necessary to ensure there will be no
Wachovia Building, Suite 714, Fayetteville N&P FAX [phone]
North. Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% 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 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, 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
Date: Z3- 9l
"I"une: /.2
Sentxal Information:
Farm Name• County: .
Owner Name: one'No•
On Site Representative: -Integrator:
Mailing Address: /2/ie
Physical
Latitude: 3-6-�/-1 /S Longitude: 7 9 /�3 �- / / L
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
D sow t7 Layer O Dairy
a Nursery O Non -Layer © Beef
tW,wder
Other7ype of Livestock Number of Animals.
Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
FacilityImped n:
_ Lagoon
Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage?:
Yes ❑
No O
Is seepage observed from the, lagoon?:
Yes a
No a
Is erosion observed?: micro
Yes 8-
No ❑
Is any discharge observed? /✓or Ir *,*0 pF risiT
Yes ❑
No'�--
D Man-made Q Not Man-made
Cover Crop
Does the facility need more acreage for spraying?: 4
Yes O
No O
Does the cover crop need improvement?: 0
Yes ❑
. No 0
( list the crop; which need inWr'ovement)
Crop type: Acreage:
Setback Criteria '
Is a dwelling located within 200 feet of waste, application?
Yes 0
-No'd,
Is a wen located within 100 feet of waste application?
Yes O
,No 12—
Is animal waste stockpiled, within 100 feet of USGS Blue Line Stream?
Yes O
No VL
'Is animal waste land applied of spray irrigated within 25 feet of Blue Line Stream?
Yes ❑
Now.
AOI •- January 17,I996

i m9unlrenance
Does the facility maintenance need improvement? Q Yes No O
h then evidence of past discharge from any part of the operation? C Yes Z— No O
Does record keeping need improvement? C D Yes 0— No O
Did the facility fail to have a copy of the Animal Waste Management Plan on site? A, Yes O No O
Explain any Yes answers•
-a Le `
OF
AAA
Si Date:
cc Facility Assessment Unit Use A ntt jf Needed
Drawings or C!bervatio=
Ew
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a.µ l�.• _ ram. !'Y s'u..•�. nr.n :r7 •..•�• 'n •�r.a e�:4 ^:.•� /.�� yr�rw..• w ` ,. ...
Aor - jahu=717,1996

DIVISION OF ENVIRONMENTAL MANAGEMENT
May 24, 1996
TO: Steve Tedder, Chief
Water Quality Section
FROM: Michael Wicker, WQ Regional Supervisor
Fayetteville Regional Office
SUBJECT: Notice of Violation and Revocation of Deemed Permitted Status
Richard W. Pennington Swine Farm
near Robbins, Moore County
Attached you will find a ,letter for the Director's signature giving
Notice to Mr. R.W. Pennington that his swine farm is in violation of the
conditions required of deemed permitted CAFO's. This letter also indicates
the Division's intent to revoke the permitted status of Mr. Pennington's farm.
Although this letter is somewhat lengthy, we feel it necessary to give Mr.
Pennington a thorough explanation of the reasons for our action. His attitude
at the time of the November 20 visit was somewhat threatening (to say the
least) and deeply resentful of government in general. This is a small
operation, approx. 30 animals at present, which probably has little more
effect on water quality than an on -the -ground operation. However, as Mr.
Pennington was advised, we have to "feed everybody with the same spoon." His
lagoon has been breached for an unknown length of time, (by his account, a
year or two), and he has made no effort to repair or replace it. He is
registered as having 339 animals. on November 20, he indicated that he has had
approx. 1000 animals in the past. Most of these must have been on the ground,
since the two confinement houses are quite small.
form.
Also attached you will find the appropriate animal operations inspections
If you have questions or require additional information, please advise.
MCW/KA/ka

ANIMAL OPERATIONS INSPECTION FORM
Date of Inspection: April 23, 1996
Name of owner of Property (Check Register of Deeds or Tax Office):
Mr. Richard W. Pennington
Name of Operator: Mr. Richard W. Pennington
Address: 1214 Borden Road
Robbins, Borth Carolina 27325
Phone Number: 910-948-3564
Description of Facility Location (State Road Nos., etc.): The farm is located
off SR 1487, on the east side at the railroad crossing, down the private farm
road.
Type of Operation (Examples: Farrow to finish, topping, dairy, swine, cattle,
chickens -layers or broilers, turkey production, etc.): Swine
Number and Type of Animals or Animal Units: Approximately 25-35 animals were
on site at the time of the inspection. Registration indicates 339 swine.
Length of Time Animals have been, are, or will be Stabled or Confined and Fed
or Maintained in any 12-Month Period: Twelve months.
Are Crops, Vegetation Forage Growth, or Poet -Harvest Residues Sustained in the
Normal Growing Season over any Portion of the Lot or Facility? The
confinemeat houses are situated in a pasture area graced by several horses.
Description of Other Animal Operations in Immediate Vicinity and Proximity to
Same or Other Surface Waters: No other active swine farms known to exist
nearby.
Proximity of Facility to Neighboring Houses, wells, etc.: None within 500
feet.
Approximate Depth of Groundwater Table in the Area of the Facility or
Discharge: Unknown. Given. the location in Moore county, there is little
reason to suspect shallow groundwater.
Proximity of -Facility to Surface Waters (Provide name and class of surface
waters): This facility drains into an unnamed tributary to Buffalo Creek,
a class 'C' stream in the Cape Fear River Basin. This stream is approximately
150-200 feet from the lagoon.

Are Pollutants Discharged into the Waters of the State? If so, how?
(Directly or by man-made ditch, flushing system, or other similar elan -made
device):
Waste and washdown water from the confinement houses enters the storage lagoon
and exits through a breach Ln the dam. Although no discharge was observed
during the inspection, it is reasonable to believe in this situation that all
wastewater going into the lagoon replaces an equal amount going gmt.
Do or have Discharges Occurred in Response to a Storm Event or Less than a
25-year, 24-hour Intensity? (If yes, include a brief listing of incidents and
suspected Causes.):
Although no discharge was observed, it is reasonable to believe the breached
dam allows the discharge of all rainfall, surface runoff, and waste entering
the lagoon.
Type of Waste Management (Examples: Type of confinement -free stall barns,
sheltered or limited shelter dirt lots, paved or dirt open lots, swine houses,
pasture] type of waste handling -direct spreading in solid form, slotted floor
with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land
application of liquid manure, spray irrigation, contractor disposal, etc.):
Animals on this farm are confined in free stall barns. haste is accumulated on
the floor of the barn and periodically washed down with a high pressure hose
into a trough at the back of the building. This trough has an outlet pipe
which drains down a slope and into the lagoon.
Condition of Waste Management Facility (Rate as poor -good, no discharge,
sufficient freeboard in lagoon, etc. Include weather conditions during
inspection.):
Poor. Lagoon was breached. heather was warm and sunny, with no recent
rainfall.
Animal Waste Discharge (Including photos and witness, names, addresses,
telephone numbers, and statements of fact.):
Photos are attached. Witnesses include two Moore County Sheriff's Deputies,
Sergeant R.L. Davis and Deputy Janet Sharpe.
Water Quality Assessment (Include description of sampling, field measurements,
visual observations and slope and vegetative cover of land adjacent to water,
extent of rainfall and other factors relative to the likelihood or frequency
of discharge of animal wastes and process wastewaters.):
A copy of sampling data is attached. This information is inconclusive since
there was no actual discharge. The stream involved flows through a pasture
area grazed by several horses, which could easily influence sample results
after rainfall events.

Recommendations made to Owner/Operators
The owner was not present at the time of this inspection. During the site
visit conducted November 20, 1995, it was recommended to Mr. Pennington that
he install a new holding basin, properly curbed to prevent entry of rainwater.
A fairly small excavation should satisfy the existing needs. Repair of the dam
for use as a lagoon is impractical given the watershed s rainfall
contribution. Mr. Pennington indicated that he had several options to
consider, including installing a new confinement barn at an area where he had
already started a new lagoon. He also stated that he wanted this waste
material to use on his corn field. No new lagoon was observed.
Recommendations for Further DEN Action (Re -inspect, designate, etc.):
Although this fare currently falls far below the herd size for a typical CAFO,
it is obvious that the potential ezists for periodic waste discharges from
this confinement facility. Mr. Pennington indicated that he may enlarge the
operation and therefore wished to remain on the registration list. He was
advised that a certified waste management plan would ultimately be required of
all registered farms. Given the circumstances found during this inspection, it
is the recommendation of this office that Mr. Pennington have his deemed
permitted status revoked unleae a certified waste management plan is developed
and implemented within 60 days.
Other Comments:
It was necessary to obtain an administrative search warrant in order to
legally access this farm. Mr. Pennington made it ]mown to the local
Agricultural and MRCS agents the he did not want anyone on his farm unless he
was present. The November 20 'inspection' was commenced after dusk since this
was the only time Xr. Pennington could be contacted. (Numerous prior efforts
to contact his were unsuccessful.) Attempts to contact his and reschedule
an inspection were fruitless, thus the search warrant was obtained. Mr.
Pennington•s threatening and hostile attitude also suggested the need for a
law enforcement officer.

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Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date:
Tune: /.2: �••ti
Farm Name: �i County:- .
Owner Name: A-- - Phone No-, Ala
On Site Representative: Integrator: A)A -- -- __
Mailing Address: /z/!� ag&&gAZ r
Physical
�. •- IFU
-
i
Latitude:-.., W_j /S Lon 'tude: 79 / 3/
OReration DesC Rtion: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animal t Type of Cagle No. of Animals
O Sow D Layer O Dairy
O Nursery O Non -Layer O Beef
Other7ype of Livestock Number of Animals:
Number of Lagoons: (include in the Drawings and Observations the freeboard of curb lagoon)
Facilityinspection:
Lagoon
Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage?: Yes ❑ No ❑
Is seepage observed from the lagoon?: Yes ❑ No ❑
Is erosion observed?: Yes 3- No ❑
Is any discharge observed? Net 4r r•Ar, of riser Yes ❑ No Q._-
O Man-made O Nor Man -node
Cover Crop
Does the facility need more acreage for spraying?: - Yes ❑ No O
Does the cover crop need improvement?: Yes ❑ . No ❑
(tin she craps which need improvement)
Crop type: Acmage: ,
Setback 0*eda
Is a dwelling located within 200 feet of waste application? Yes ❑ NoVL-
Is a wall located within 100 feet of waste application? . Yes ❑ . Now —
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes CI No
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ Nop-.,-
AOI •- January 17,1"6 . . _ - • .. It • '.

IIl(ulu6/i�IiCC '
Does the facility maintenance need improvement? ® Yes No C]
b there evidence of past discharge from any part of the operation? (E Yes 0�No D
Does record keeping need improvement? CC Yes 0— No C]
Did the facility fail to have a copy of the Animal Waste Management Plan on siteN✓/,$ Yes C) No C]
Explain any Yes answers• ( ;, - A
tG Facility AuenwntUnit
iy+eiii ...� 'w•r
AOI -• January 17,19%
i
Date: tr ji 3
Use A nNeeded
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Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEV'ILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachavia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Ed Buchan
ACCOUNT NUMBER: #KNO03
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 #16493
DATE REC'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
iii+++ttliiti+tt+t#i++ttttttttt+t+tktttiittittkiittttt+tttti++tt+tttttit+tiittttfittiitt+i
ANALYSIS METHOD 1 2 3 4
tti+itttkittittt+tiittttiititttiiitkiitkttikttiitti+i+tittkittitiiittiitiittitittitittttit
DOD (sg/L)
ODD (mg/ L)
COLIFORM, FECAL (per 100 al)
COMMENTS: < - Less than
> - Greater than
EPA 405.1 285 83 1.5 1.55
EPA 410.4 2080 1100
SM16 909C 34000 50000 270 290
PAGE 1 OF 1
4"�yCTV�U"��
MAY 996
ENV, MAMA^-PME- T
FAYETTEVILLE REG. OFFILE .
The data and otter Irtlomrttion mnWnad on We, and other &=rnpanong doa+ments, repment orrly the sample(a) andyM and is M E M B E R
rendered upon the oordhon that h is not to b repwodtaetl whopy Orin pen for adverting or other purposes without whntn approvel
from the taboretory. .
USDA-EPA-NIOSM ToWng Food Sanitation Consulting Chemical and Microbiological Analyses and Research

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Governor dAd111Wd111ft1Edft*A�-
� C "� FR
Jonathan B. Howes, es, Secretary C
A. Preston Howard, Jr., P.E., Director
DIVISION OF ENVIRONMENTAL MANAGEMENT
C13RTIFIXV MAX
CtRN RSCZIPT MOSTBA
Mr. Richard W. Pennington
1214 Borden Road
Robbins, North Carolina 27325
SUBJECT: NOTICE OF VIOLATION
Notice of Intent to Revoke Deemed
Permitted Status
R.W. Pennington Swine Farm, Borden Rd.
Registration No. 63-13
Near Robbins, Moore County
Dear Mr. Pennington:
The Division of Environmental Management (DEM) is one of several
Divisions within the North Carolina Department of Environment, Health, and
Natural Resources, The Water Quality Section, a branch of the Division, has
the regulatory responsibility of enforcing the laws of North Carolina
pertaining to the protection of surface water quality. As part of the
Governor's initiative to inspect all animal waste holding lagoons within the
State, staff from the Division's Fayetteville Regional Office visited your
farm on the evening of November 20, 1996. Since numerous previous attempts to,
contact you had failed, this visit took place in the early evening after you
had returned to the farm. Due to darkness, an effective evaluation of your
animal waste handling system was not realistically possible. However, during
the course of conversation, you reportedly explained that the confinement
houses were hosed down periodically with the 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 water 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.
Even in the darkness, (and as you indicated in conversation), it was evident
that this breach had not been repaired. The ultimate disposition of the waste
P.O. Box 29535, Raleigh, North Carolina 27626-0635 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

Mr. Richard W. Pennington
Page 2
was not determined at the time. Although our staff was unable to make a fair
determination of the overall waste handling capabilities at the farm, the
presence of an outlet, (pipe 2X breach) from the wastewater storage lagoon was
an apparent violation of North Carolina General Statutes governing animal
waste handling. Options were discussed at the time about animal waste disposal
and the need for repairs to this waste storage lagoon or possible construction
of another smaller storage basin, specifically one which would exclude
rainwater. You indicated a desire to use this waste as fertilizer on your corn
crop.
Conditions being unsuitable for a thorough inspection, the Regional
Office staff recommended that you take the necessary measures to eliminate the
discharge. You were then advised that you would be contacted and a follow-up
inspection conducted.
Unfortunately, other staff responsibilities prevented a prompt return to
your farm. However, numerous attempts were later made to contact you and
schedule an inspection. Finally, on advice of legal counsel, regional office
staff secured an administrative search warrant and revisited your facility on
April 23, 1996. A copy of the report from that visit is enclosed. It was
readily apparent at the time of this inspection that the breach in the waste
holding lagoon had not been repaired nor had an alternate storage basin been
constructed. Since your confinement barns are not designed with an automatic
flushing system, there is a minimum of wastewater generated. As mentioned
earlier, these barns are cleaned periodically with a high pressure hose. Wash
water is collected in a trough at the rear of the building and piped a short
distance down the slope. This pipe discharges overland into the breached
storage lagoon. Since the discharge is intermittent, directly related to the
washdown of the barn, there was no waste water leaving the lagoon at the time
of the inspection. However, the potential for a discharge obviously exists
with every washdown event. Evidence of prior drainage through the breached
lagoon was noted flowing overland into an unnamed tributary to Buffalo Creek.
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.
This determination is based on the criteria contained in .0217(a)(1),
which includes the specific requirements which must be met in order to be
considered as a deemed permitted facility. Item (a)(1) indicates that such
facilities include "Animal waste management systems for which waste does not
reach the surface waters by runoff, drift, direct application or direct
discharge during operation or land application...". Since your waste storage
lagoon has an outlet to surface waters of the- State and allows the
intermittent discharge of washdown water, this facility is in violation of the
2H. 0217 Permit.

Mr. Richard W. Pennington
Page 3
In accordance with the requirements of NCAC 2H .0213, you are hereby
given notice that sixty (60) days following your receipt of this letter, the
Division of Environmental Management intends to revoke your permit unless the
following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the
violation.
2. Make any modifications needed to ensure there will be no future
discharges.
3. Submit an approved animal waste management plan and have the attached
certification form completed. One copy of the plan must be sent to your local
Soil and Water Conservation District. The certification form and two (2)
copies of your plan must be returned to the address belowr
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, North Carolina 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 this violation or other past or future violations.

Mr. Richard W. Pennington
Page 4
if you have any questions concerning this matter, please do not hesitate
to contact either Mr. Michael Wicker, Water Quality Regional Supervisor for
our Fayetteville Regional Office at [phone], or Mr. Shannon Langley at
[phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
Date
ATTACHMENTS
cc: Mr. Michael Wicker, Water Quality Supervisor, FRO
Me. Ruth Kirby, Moore County Soil and Water Conservation District
Mr. Chris Walling, Soil and Water Conservation Engineer, FRO
Mr. Gerald Dorsett, Regional Coordinator, NC DSWC
Compliance/Enforcement File
APH/KA/ka